These Terms & Conditions (“Agreement”) govern the provision of Remote Health Monitoring and Health Support Team services (“Services”) provided by DrPOM Medical Care Limited (“DrPOM”) to the individual receiving the Services (“Client” or “You”). By accessing and using the Services, you agree to be bound by these Terms & Conditions.
1. Services Description
a. The Services provided by DrPOM include the use of remote monitoring devices and technology to collect and transmit health-related data to a cloud-based database for the purpose of monitoring and supporting your healthcare needs.
b. A Health support team involves the assistance and guidance provided by trained healthcare assistants supervised by qualified nurses employed by the DrPOM to monitor and analyse the health-related data and to address any significantly abnormal data, clients’ questions, concerns, or issues related to the Services.
2. Scope of Services
a. DrPOM will provide the necessary remote monitoring devices and instructions to enable the collection of health-related data from the Client.
b. DrPOM will utilize the collected data to monitor the Client’s health status and provide necessary support, guidance, and recommendation as deemed appropriate by the Health Support team.
3. Responsibilities of the Client
a. The Client agrees to provide accurate and up-to-date information to the DrPOM for the effective delivery of the Services.
b. The Client acknowledges that the Services are not a substitute for medical advice, diagnosis, or treatment from a qualified healthcare professional. The Client should consult with their primary healthcare provider for any medical concerns or emergencies.
c. Client accepts to take due responsibility to maintain and use the hardware and equipment according to instructions provided to them and to take appropriate care to keep them in working conditions.
4. Services & Equipment
a. Subject to Client’s compliance with its obligations and the Terms and Conditions in this Agreement during the Term, DrPOM grants to the Client and its Authorized Users a non-exclusive, non-transferable right to access the Service.
b. Client acknowledges that certain hardware and equipment provided by DrPOM are necessary to enable the use of the Services. These devices which may include health measurement devices, portal interface and other patient-facing features hardware may be procured from third-party vendors.
c. Client accepts that while DrPOM shall take reasonable steps to verify and ensure the quality, functionality and accuracy of these devices, DrPOM shall not be responsible for any error, damage or inaccessibility associated with these devices resulting from any violation of regulatory requirements and deviation from the proposed standards in production and manufacturing by these vendors.
d. Client accepts that the hardware and equipment provided to them should only be used to access the agreed Services provided by DrPOM and should not be used in a manner other than is explicitly allowed by the Service, and without violation of any law.
e. Client acknowledges that these devices require telecommunication to the portal for data transmission required for the provision of the services. Client accepts that DrPOM does not control communication services via third party telecommunications providers and that DrPOM shall not be responsible for any error or inaccessibility associated with such telecommunications or any violation of law, rule or regulation applicable to transmission of data via such telecommunications. DrPOM shall not be responsible for circumstances beyond their control that may lead to delay or limitation in data transmission and inaccurate interpretation.
f. The Service is not designed to, and must not be used to replace emergency medical services and paramedic care. Clients should not rely on the Service in the event of an emergency and should call Emergency Care Services (999) to access care immediately.
g. The Service does not provide continuous or close real-time monitoring of Client’s clinical health or medical condition, nor does it provide real-time clinical alarm or alert. The Service is not intended for use in the monitoring of critically ill patients. Any use of the service for this indication will not make DrPOM liable to Clients. Any breach hereof will make Clients liable to DrPOM, or to the government for any laws and rules or regulations permissively violated. Thus, it is pertinent that Clients receiving DrPOM’s services, must observe due diligence and understand the terms of use the Service as contemplated in this section.
5. Subscriptions
a. Client shall pay a subscription fee to be eligible for DrPOM services. The charges or deposit for hardware and equipment required for the services may be payable separately. From time to time, these subscriptions may be waived partially or in full for a period of time.
b. In the event of fee being payable monthly, Client shall pay a late payment charge to be computed as a percentage per month on the unpaid balance for each calendar month (or fraction thereof) that any payment of Subscription Fees or other amounts are past due (“Late Fees”), or, if such rate exceeds that permitted by applicable law, then at the highest rate permitted by such law.
c. If any amount is more than thirty (30) days overdue, without prejudice to DrPOM’s right of immediate legal recourse to protect its rights from Client’s any scheme of dereliction or evasion from delinquency, DrPOM will have the right to suspend Client’s access to the Service without any liability to DrPOM, until Client’s payments are brought current.
6. Limitations and Disclaimers
a. DrPOM makes no warranty or representation regarding the accuracy, reliability, or completeness of the data collected through the Services.
b. DrPOM shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the Services, including any medical decision made based on the data collected by Client and Client’s affiliated medical professionals
c. DrPOM’s Service does not provide or constitute the provision of any medical consultation or advice to the Client, or to any party. The health data generated are to allow DrPOM’s Health support team to monitor Client’s health and alert the Client and designated carer when indicated, and to initiate a decision to provide the appropriate assistance to the Client. The Service, and the health data generated thereby, are merely supplementary and not a substitute for professional clinical skills, medical evaluation, judgement, advice, diagnosis or treatment by appropriately qualified and skilled health care professionals affiliated with the Client.
d. Without limiting the foregoing, (i) any reminder, recommendation or alert provided in connection with the Service, including, without limitation, any reminders with respect to the monitored parameters’ data, trends, scores, health history and presentation, medication, and to seek medical attention, (ii) any reminder, recommendation or alert related to any action to be taken as a result of any collected data, will be determined solely on the professional judgment and advice of Client and healthcare professionals affiliated with Client.
7. Indemnity
a. Client shall indemnify, defend and hold DrPOM, respective affiliates, officers, directors, employees, agents and representatives (“Related Parties”) harmless from and against and all lawsuits, claims damages, losses, costs and expenses that any of them suffers or experiences in connection with any matter relating to any action taken or not taken in rendering or not rendering medical or healthcare related services relating to or based upon the Service, or the output generated thereby, including alleged medical malpractice or an error, misjudgement, deficiency or defect in any advice, recommendation and assistance provided to the Client.
b. DrPOM and Related Parties and partners shall not incur any liability in any claim that is associated with any negligent act, omission or willful misconduct of Client, the use of the Service in a manner other than is explicitly allowed by the Service, and if there is violation of any law or of any rights of any third party.
c. Under Force Majeure situation DrPOM shall not incur any liability to the Client on the account of any loss or damage resulting from any delay or failure to perform all or any part of its obligations under this Agreement to the extent such delay or failure is caused by events, occurrences, or causes beyond the reasonable control of DrPOM, including, without limitation to typhoon, flood, fire, earthquake, explosion; war, terrorist threats or acts, riot or other civil unrest, infection outbreaks, government actions, strikes, labour stoppages or slowdowns.
8.Termination
a. Subject to early termination as provided in subsections (8b) and (8c) below, this Agreement begins on the Effective Date and shall remain in force so long as the Agreement is in effect between DrPOM and Client.
b. Clients shall have the right to terminate this Agreement or the Services at any time without further obligation or liability to DrPOM by written notice to DrPOM in the event that DrPOM is in default of any material term hereof, and such default is not settled within thirty (30) days of DrPOM’s receipt of written notice specifying the default in reasonable detail.
c. DrPOM shall have the right to terminate this Agreement or Services at any time without incurring any further obligation or liability to its clients by written notice to the Client in the event that the Client is in default regarding any material term in this Agreement or the Services, including payment terms, and such default is not settled within thirty (30) days of Clients’ receipt of written notice specifying the default in reasonable detail.
d. Upon termination of this Agreement for any reason, (i) any amounts owed to DrPOM under this Agreement or the Services before such termination will be immediately due and payable, (ii) Client will discontinue the use of the Service, (iii) DrPOM will discontinue or cause to discontinued access to the Service, and (iv) Client will return all monitoring devices and equipment loaned to clients for the purpose of service.
e. Termination of this Agreement by either party for any reason shall not release or otherwise relieve Client of its obligations under terms of any other agreements with DrPOM, if any, entered into by Client. This is without prejudice to DrPOM’s preliminary or final recourse to arbitration or to the courts of law to secure and protect its interests, the subject of which is the ground(s) relied upon in the termination of this Agreement.
9. Return and Refund policy
a. You may cancel your subscription to DrPOM Remote Health Monitoring service at any time within the first 14 days of your initial registration and you will receive a full refund of the fees you have paid.
b. After the first 14 days, you can still cancel your subscription, but you will not receive a refund for the remaining time of your subscription. Your service will simply be terminated on the date of you next payment would have been due.
c. If any of the equipment and devices DrPOM provide to you as part of the service is found to be defective or not functioning properly, DrPOM will replace the equipment at no additional cost to you.
d. Refund will not be provided in cases of subscription cancellation or equipment issues that are due to;
- Client’s own misuse or negligence of the equipment
- Damage caused by accidents, fire, or other external factors
- Client’s failure to properly maintain or care for the equipment
e. Refund for unused service contract time is possible should the registered subscriber passes away during the contract period provided there is more than 3-months left in the contract period. Proof may be required.
f. In the case where there is a deposit for equipment, deposit will not be refunded if there is;
- Loss of equipment
- Physical damage to equipment
10. Technical Support
a. DrPOM shall provide Client support by using the technical support hotline during Company regular office hours, subject to extraneous circumstances, without fault on the part of the DrPOM, that may affect the support line.
b. The Client acknowledges that failure to provide a detailed description of the technical issue may affect DrPOM’s ability to fulfill its support and obligations and shall not constitute a violation of this Agreement.
11. Privacy and Confidentiality:
a. DrPOM is committed to protecting the privacy and confidentiality of our clients’ personal and health-related information in compliance with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong).
b. DrPOM’s Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you access and use our website, mobile applications and other products and services (collectively our “Services”).
c. DrPOM will handle and use the Client’s personal and health-related information in accordance with its Privacy Policy and in accordance with applicable privacy laws and regulations. By using our Services, you consent to the data practices described in this Privacy Policy.
d. The confidentiality obligations of this Agreement are perpetual and survive expiration or termination of this Agreement.
e. DrPOM Privacy Policy may be accessed through the following channels
- website: drpom.net
- request a copy via email: info@drpom.net
- request a copy via Hotline: +852 2111 0717
12. Copyrights
a. The Service and all associated software, services, information and technologies are the proprietary property of DrPOM or the third party that provides them.
b. The Client acknowledges that the Client does not acquire under this Agreement or otherwise any intellectual property or other proprietary rights, including without limitation to any patents, inventions, improvements, designs, trademarks, copyrights, confidential information in or relating in any way to the Service.
c. The contents of the Service are subject to protection under Hong Kong and foreign copyright laws. Client is not permitted to use the copyrighted material outside of the normal functions of the Service without the prior written consent of DrPOM.
d. DrPOM retains the right to take relevant legal action as appropriate.
e. In the event that the Client becomes aware of any possible infringement or misappropriation of proprietary rights of DrPOM, the Client shall promptly notify DrPOM in writing of such event.
13. Governing Law and Jurisdiction:
a. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
14.Miscellaneous:
a. This Agreement constitutes the entire agreement between DrPOM and the Client regarding the Services and supersedes any prior agreements or understandings, whether written or oral.
b. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
c. DrPOM may assign or transfer its rights and obligations under this Agreement to a third party without obtaining the Client’s consent.
d. DrPOM reserves the right to modify, suspend, or terminate the Services at any time and for any reason without prior notice.
15. Third-party provider
a. If clinical services are provided to Client by a third-party provider under this Agreement (a “Clinical Services Provider”), Client acknowledges and agrees that DrPOM shall not be responsible or liable in any way for the acts or omissions of the Clinical Services Provider.
b. Client acknowledges that DrPOM does not exert any control over the Clinical Services Provider or the manner in which the Clinical Services Provider provides its services or employs, screens, trains or instructs its employees and agents.
By using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms & Conditions. If you do not agree with any provision of this Agreement, you should not access or use the Services. If there are any inconsistency or ambiguity between English and Chinese versions, then English language version will prevail.
This document is a property of DrPOM.
V01092024
Rm F, 3rd Floor, Infotech Centre, 21 Hung To Road Kwun Tong, Tel: 35909210