About Medicaltochina
TOHIN HONG KONG LIMITED (located at RM 605, 6/F, FA YUEN COMMERCIAL BUILDING, FA YUEN ST, MONGKOK, KOWLOON, HONGKONG, hereinafter referred to as "we", "us", or "our") provides medical resource introduction services to you through the Medicaltochina platform (medicaltochina.com). Until you have read and accepted all terms of this Agreement, you have no right to use any software services provided by the Medicaltochina platform. Your use of the Medicaltochina platform software services is deemed as your reading and agreement to be bound by this Agreement. If you are under 18 years of age, please read this Agreement in the company of a legal guardian.
I. Related Matters
1. Before you register as a Medicaltochina user, please read and fully understand all terms of this Agreement, especially those related to exemption or mitigation of liability that have a significant interest for you, or terms highlighted in bold and underlined, as well as clauses regarding applicable law and dispute resolution.
2. If you have any questions or feedback while reading this Agreement, you can contact us via Medicaltochina's customer service email: [email protected]. Once you complete the entire registration process, it means you accept all contents of this Agreement and voluntarily become a user of Medicaltochina. If you do not agree with any terms of this Agreement, you should immediately stop the registration process or stop using the Medicaltochina platform.
3. We will update this Agreement from time to time based on relevant laws and regulations or business development needs. Updates will be announced on the Medicaltochina platform 15 days in advance. The modified content will take effect after the announcement period and replace the original agreement. Therefore, we recommend that you regularly check the content of the Medicaltochina platform user agreement and related notices to understand the latest rules. If you do not agree with the changes, you have the right to provide feedback to us before the effective date. If your feedback is adopted, we will adjust the changes as appropriate. If you still disagree with the effective changes, you should stop using all services provided by Medicaltochina from the effective date, and the changes will not be effective for you; if you continue to use the Medicaltochina platform after the changes take effect, it is deemed that you agree and accept the effective changes.
4. The Chinese version of this Agreement is the official version, and other translations are for reference only. In case of any conflict, the Chinese version shall prevail.
II. Service Content
1. Specific service content: Medicaltochina provides you with medical resource introduction services. The types and content of services are subject to change with the updates of the Medicaltochina platform.
- Medicaltochina is not a medical institution; we do not provide users with medical diagnosis, treatment, or clinical advice.
- The contents of medical consultations and reports on the website are for reference only and do not constitute professional medical advice. We do not guarantee the effect of any surgery or treatment.
- You accept medical resource introduction services by paying through Medicaltochina. Each service order is only for one patient. If multiple patients need services, multiple paid orders must be created to establish the correct service process.
- All medical services involved in the cooperation process are provided by licensed third parties, partner hospitals, and experts. Any medical service contracts are signed between you and the medical service provider.
- Offline travel accompaniment, translation, concierge services, and other tour guide services involved in the cooperation process are provided by third parties, partner travel agencies, and guides. Medicaltochina only provides introduction and matchmaking services.
2. You understand and agree that during your use of our software services, we may collect and, if necessary, provide your personal information to third parties and partners involved in the service content.
3. You understand and agree that after paying relevant fees according to the designated plan of the Medicaltochina platform and the regulations on the platform, we will send you charging, deduction notifications, or bills through the management panel, email, or other methods authorized by you.
4. Provisions regarding refunds:
- Initial consultation and appointment fees collected through the Medicaltochina platform are non-refundable. Upon receipt of such payment, we will provide you with itinerary planning, booking of hotels, medical institutions, and tourism agencies, communication services, and deliver relevant reports and itinerary schedules to you.
- Expenses for hotels, medical institutions, and tourism agencies incurred locally during the medical journey are non-refundable once the third party or partner has actually provided the service or incurred the expense.
- For any refund request you submit, regardless of the reason, the refund amount will be calculated by deducting non-recoverable payment processing fees (e.g., Stripe charges approximately 3~5% transaction fee).
- All refunds are processed in the original payment currency.
5. You understand and agree that when you become a paid user of Medicaltochina or use the automatic deduction function (if any), we will provide you with the necessary services to achieve the above functions through the Stripe platform. We will strictly supervise Stripe's services in accordance with relevant regulations to ensure that your information is not used illegally. Meanwhile, you should ensure that you strictly comply with laws, regulations, and Medicaltochina's relevant usage rules during the use of this service. You agree that Medicaltochina or Stripe has the right to decide on the disposal of your account and assets therein if they find you violate relevant regulations or rules while using the service.
6. If you violate any terms and conditions of this Agreement, we reserve the right to terminate your Medicaltochina user qualification immediately without prior notice, and you will no longer be able to access or log in to this website or use Medicaltochina services.
III. Declarations
1. Both Medicaltochina and you are qualified to engage in the transactions under this Agreement, and such transactions comply with the scope of business of each party.
2. You promise and ensure that the data materials provided by you, including personal information and patient information, or the data and information obtained during the use of Medicaltochina services, do not violate laws and regulations and do not infringe on the rights of third parties. If the aforementioned data or information is illegal or non-compliant, Medicaltochina may suspend services or terminate your access to the Medicaltochina platform.
3. You agree and are obligated to provide all data and permissions required for medical resource introduction services to Medicaltochina in accordance with this Agreement and other agreements and attachments signed with Medicaltochina. You agree that Medicaltochina may obtain, analyze, and use data materials such as relevant products and personal information through the permissions you open to us during the service implementation.
4. You promise not to provide, sell, rent, lend, transfer, sub-license, disseminate through information networks, or make the medical resource introduction services and materials provided by Medicaltochina available to any third party in any form.
5. For all data materials you provide to Medicaltochina, we do not retain them and do not store them on Medicaltochina's servers. You should regularly back up data related to the services to prevent permanent data loss and minimize the risk of data loss.
6. Both Medicaltochina and you guarantee that the signing and performance of this Agreement and the commercial transactions planned under this Agreement do not violate the mandatory provisions of laws and regulations in any respect.
IV. Governing Law and Dispute Resolution
1. The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China, and the application of other conflict of law rules is explicitly excluded.
2. Parties shall attempt to resolve any dispute, controversy, claim, or difference of opinion arising out of or in connection with this Agreement through friendly consultation and negotiation. Disputes occurring during the performance of this Agreement that are not provided for or explained in this Agreement shall be settled by both parties through friendly consultation. If consultation fails, either party may file a lawsuit with the People's Court of Panyu District, Guangzhou, where the Medicaltochina team's domestic office in China is located. This court shall have exclusive jurisdiction.
V. Notices
1. Any notice or other communication related to this Agreement shall be in writing, in Chinese, and delivered by hand or courier (in which case an email regarding the imminent delivery of the notice must be sent to the relevant recipient) or via email.
2. You are obligated to provide Medicaltochina with true and valid contact information (including but not limited to contact phone number, address, and email). Medicaltochina has the right to send notices to you through any one or more of the aforementioned contact methods.
3. After Medicaltochina sends information to you via email or system message, it shall be deemed delivered upon successful sending. For notices sent in paper writing, they shall be deemed successfully delivered on the fifth (5th) day after Medicaltochina mails them to the address you provided.
4. If there are any changes to the contact information and information you provided in this contract, you should notify Medicaltochina in writing. If a notice from Medicaltochina fails to reach you due to your delay in notification, the notice shall be deemed legally delivered upon sending. This provision does not apply to situations caused by natural disasters or other force majeure factors.
VI. General Terms
1. You understand and agree that there is no joint venture, partnership, employment, or agency relationship between you and us. The performance of this Agreement is subject to existing laws and legal procedures. Nothing in this Agreement shall prejudice our right to comply with requests or requirements from government, court, and law enforcement departments related to your use of this platform, or to provide or collect information related to your use of Medicaltochina.
2. According to relevant laws and regulations, if any part of this Agreement is determined to be invalid or unenforceable, including but not limited to disclaimers and limitation of liability clauses, the invalid or unenforceable clause will be deemed void, and the remaining parts will continue to be effective.
3. Without the written consent of Medicaltochina, you shall not transfer any rights or obligations in this Agreement in any form, otherwise we have the right to refuse to recognize and continue to provide services.
4. Any failure by Medicaltochina to enforce or exercise any provision of the service agreement or any related rights does not constitute a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. We may send notices to you via email, express mail, platform announcements, or other reasonable methods currently known or developed in the future, including notices about changes to terms and conditions. A printed version of the agreement and any electronic notice will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent.
VII. Disclaimer
1. Certain functions of Medicaltochina may provide you with information and suggestions related to medical matters, but the aforementioned information and suggestions are for your reference only and should not be used for personal, medical, legal, or financial decisions. You should consult appropriate professionals to obtain specific advice suitable for your situation. We will strive to maintain the stability and usability of the website.
2. We are not responsible for delays or failure to perform obligations caused by events beyond our reasonable control (including government actions, epidemics, natural disasters, travel restrictions, strikes, or network outages).
VIII. Confidentiality
Both parties shall be under an obligation of confidentiality regarding each other's technical, commercial, business, organizational, financial, and all other business secrets or personal information (collectively "Confidential Information") learned or held due to the intention, execution, and performance of this Agreement and other related matters. This obligation remains after the termination of this contract, unless prior written consent from the other party is obtained. However, the following information is not Confidential Information: data already disclosed by both parties through other public channels; data obtained by both parties through legitimate and public channels; information that can be proven to have been legitimately held or known by a third party before the other party's disclosure; and information that is not Confidential Information after the other party's written consent.
IX. Contact Information
If you have any questions, comments, or suggestions regarding the content of this Agreement, you can contact Medicaltochina's customer service email: [email protected].