Terms and Conditions
Last updated on 09 August, 2021
- Use of Services
These terms and conditions of use (“Terms and Conditions”) apply to services provided under PHASE Scientific International Limited’s web-based platform for INDICAID® Lab booking and registration system and INDICAID® COVID-19 RT-PCR Test Kit (“Services”). The Services are provided to you by PHASE Scientific International Limited and/or its affiliates (hereinafter called “We”, “Our Company” or “PSI”). By using the Services, you agree to be bound by the Terms and Conditions. Please review the Terms and Conditions carefully.
The Services made available by PSI can only be used by the users who have first read these Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose and such Terms and Conditions are deemed to be automatically incorporated into the contract concluded with the PSI entity providing the Services without the need for users’ written confirmation of the same. If your do not accept these Terms and Conditions, you must not proceed with the booking.
By making a booking, you agree that:
- you have read these Terms and Conditions and have the authority to and do agree to be bound by them;
- you are 18 years of age or above; and
- you are fully aware of the nature of the Services.
- Your Account
In order to use the Services, you may be required to sign up and establish an account with PSI (hereinafter referred to as “Your Account”).
You are required to provide current and accurate identification, contact and any other information required as part of the registration or application process or continued use of the Services. PSI cannot and will not be liable for any loss or damage arising from your failure to provide PSI with current and accurate information.
PSI reserves the right to, without your consent, refuse your registration or application or cancel Your Account at our sole discretion.
You are responsible for maintaining the confidentiality of the information of Your Account and your password. PSI cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of the information of Your Account and password.
You agree that you are responsible for all activities that occur under Your Account, and all conduct of all users of Your Account and any content that is created, transmitted, stored, or displayed by, from, or within Your Account while using the Services and for any consequences thereof.
You agree to immediately notify PSI of any unauthorized use of Your Account or any other breach of security. PSI shall in no way be held liable for any unauthorized use of Your Account or any other breach of security.
- Booking via Electronic Online Booking System
Rights and Responsibilities of Users
Our electronic booking platform helps you to find the Services and to make the necessary bookings and acts as an interface between you and PSI. There is a limit on the number of bookings allowed for each mobile number / email user account and there may be black-out periods when bookings cannot be made.
You must ensure that the details and information provided for the booking are accurate, complete and adequate. PSI will accept the booking based on the information provided and does not verify or check the booking details so provided. You shall bear all risks arising from any error in information provided for the booking, which may lead to cancellation of booking and/or refusal of the Services without any refund and compensation from PSI.
You are responsible for your activities on the electronic booking platform or PSI website (financially, use of personal data or otherwise). PSI is not responsible for any acts and/or activities in such regard. PSI is not responsible for any booking failures or wrong bookings caused.
Any use of the booking services that is fraudulent or is in conflict with these Terms and Conditions or applicable laws, rules or regulations shall be valid reason(s) for our cancellation of your booking or our refusal of your access to the Services offered by us.
If there is any change in the booking caused by PSI, PSI endeavors to inform you by phone or updating the booking via the electronic booking platform as soon as possible. You should directly contact PSI in case there are any questions / concerns in relation to such change of booking.
Confirmation and Cancellation of Bookings
Upon submitting a booking of the Services, a notification email with booking details will be sent to you. Such notification email is a proof of booking and you should show the email to PSI for registration purpose.
Change of booking can be made through email application or calling our service hotline. PSI might allow for a change of booking, subject to the sole discretion of PSI.
No substitution of user of the Services is allowed.
Your full name as stated on your identity document, to be presented on registration at PSI, is required to be provided for the booking of the Services. PSI will verify your identity with the name provided on electronic booking platform during booking to ensure the Services is provided to the correct person. PSI may disallow any person who is not the person named in the electronic booking platform to receive the Services without any refund.
Liabilities on Bookings
PSI will not be responsible for any loss and damages arising from the payment process or booking failures, e.g. due to inadequate information provided by you during the online booking process. Any personal data loss or leakage due to and arising from the booking and payment procedures shall NOT give rise to any obligation or liability on the part of PSI.
- Pricing of Services
PSI reserves the right to amend the price of the Services at any time. PSI endeavours to ensure that all the information and prices on our website is accurate. However, occasionally changes and errors occur and PSI reserves the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before making the booking.
- Cancellation by PSI
PSI will not cancel the confirmed booking, except for reasons of force majeure or failure of supplier(s) to provide the necessary supplies for the Services or other reasons beyond the reasonable control of PSI. PSI may cancel your booking as soon as we obtain notice of the event leading to cancellation. If PSI cancels your booking for the abovementioned situations, you could re-schedule the booking, subject to the discretion of PSI. PSI reserves the final right to refuse to provide you any of the Services and/or reject any booking in our absolute discretion.
- Protection of Personal Data
- Links to Third Party Sites
The Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PSI and PSI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PSI is not responsible for webcasting or any other form of transmission received from any Linked Site. PSI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PSI of the site or any association with its operators.
- Intellectual Property
All proprietary rights, intellectual property rights, title and interests related to contents of the Services are reserved and will not be given to you through your use of the Services. You are not allowed to use the Services to infringe on any person's trademarks, patents, copyrights or other intellectual property rights. PSI may terminate your right to use the Services if in PSI’s opinion you are using the Services in a manner that infringes the trademarks, patents, copyrights or other intellectual property rights of another.
PSI PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PSI DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (II) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (III) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE. PSI TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. PSI DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USERS, ON OR OFF THE SERVICES.
- Limitation of Liability
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PSI, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, ENHANCED DAMAGES OR PERSONAL INJURIES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, LOSS OF HEALTH, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICES OR ANY CONTENT; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF PSI HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES OR PERSONAL INJURIES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PSI’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS AND CONDITIONS EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PSI DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PSI, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICES, AND THESE TERMS AND CONDITIONS.
Limitation of Liability specific Payment and Booking
To the fullest extent permitted by the applicable law, by accessing the third-party payment system of the Services, you agree that PSI will not be liable for any direct, indirect or consequential loss arising from the use of such third-party payment system, including but not limited to payment procedures, any delay or inability to use the payment system.
The total maximum liability of PSI and its affiliates arising from the online booking shall be limited to the amount of paid by you for the sample pickup Services under one particular order.
- Chargeable Service and Mobile Services
You agree that some features and services under the Services or Linked Sites may incur fees. Further, the Services or Linked Sites may be accessed or used via mobile devices and other means. You agree that such access and use of mobile devices or other means may also incur fees. You are solely responsible for payment of such fees and shall fully indemnify and protect PSI harmless against such fees.
- Update, Change or Suspension of the Services
PSI reserves the right to update, change or suspend any of the Services offered to you from time to time at our sole discretion without notice or liability to you.
- Update of the Terms & Conditions
PSI reserves the right to update, change, add or delete terms, conditions and notice from the Terms and Conditions, and under which conditions the Services are offered from time to time at our sole discretion without notice or liability to you. You are responsible to periodically review our most current version of the Terms and Conditions for any updates, changes, additions and deletions at https://forms.indicaid.com/terms-of-service/?lang=en. By continuing to use the Services following such modifications to the Terms and Conditions, you agree to be bound by the most current version of the Terms and Conditions. You should also keep a copy of the most updated Terms and Conditions at the time the booking is placed in order to be aware of the provisions in force
- Termination and Suspension
When using the Services, you agree to provide true, accurate, updated and complete information about yourself and regularly and promptly update your registration information to keep it true, accurate, updated and complete.
If PSI has reasonable grounds to suspect that any information is untrue, inaccurate, not updated or incomplete or any user is abusive, we have the right to suspend or terminate your registration and use of the Services. PSI may also terminate your use of the Services at any time if you are in breach of any of the Terms and Conditions without any notification.
All interpretations of these Terms and Conditions shall be at the sole and absolute discretion of PSI.
If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement and the validity and enforceability of the other provisions shall not be affected.
- Contract (Rights of Third Parties) Ordinance
A person who is not a party to this Terms and Conditions has no right to enforce any terms of this Agreement under the Contract (Rights of Third Parties) Ordinance (Cap. 623).
- Law and Jurisdiction
The Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
In the event of any inconsistencies or discrepancies between the English version and any other translated versions of these Terms and Conditions, the English version shall prevail.