This website and/or mobile application is operated by GOLAB. Please read these terms and conditions carefully. By using this website and/or mobile applicable, you are deemed to have read and irrevocably and unconditionally agreed these Terms and Condition. If you do not agree to these terms and conditions, please refrain from accessing or using this website and/or mobile application.
You acknowledge and agree that these Terms and Conditions may be amended from time to time and you shall be subject to these Terms as updated as of the relevant time of placing an Order. You can access to the updated version of these Terms and Conditions on our website and/or mobile application. Any amendment or changes to these Terms and Conditions or the Privacy Statement shall be effective immediately upon posting on our website and/or mobile application.
1. Definitions
1.1 “GOLAB“, “we”, “our” and “us” means WINNER MEDICAL (HONG KONG) LIMITED.
1.2 “Goods” includes but is not limited to test kits, sample collection devices, products available for purchase by you online through our website and/or mobile application
1.3 “Service” or “Services” means any services (including but not limited to information, advisory, consultancy, conference, seminars, training or other services) supplied by GOLAB through GOLAB’s website and/or mobile application.
1.4 “You” or “your” means the user of this website. If you are accessing or using this website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity “you” and “your” shall refer to you and such entity and you represent that you are authorised to accept these terms and conditions on behalf of such entity and agree to be personally bound by these terms and conditions.
1.5 “Sample” means a sample provided by you to GOLAB for Testing;
1.6 “Test” means a laboratory test to be carried out by GOLAB on a Sample, and “Testing” means the process of conducting that Test and reporting the results.
1.7 “Order” means any order placed by you either through our website and/or our mobile application for the Service(s).
2. Acceptance of Orders
2.1 Any descriptions, advertisement or quotation for Service shall not constitute an offer capable of acceptance by you but an invitation to place an Order by you. Orders shall be accepted entirely at GOLAB’s discretion and, if accepted, are governed by these Terms and Conditions.
2.2 An Order shall be deemed to be accepted by GOLAB on the earliest of :
2.2.1 The acceptance of payment by GOLAB in cleared funds for the Goods and/or Service;
2.2.2 Dispatch of an Order confirmation (or notification of similar nature) to you advising the status of the Order;
2.2.3 Delivery of the any part of the Goods to you, or the collection of the any part of the Goods by you; or
2.2.4 In the case of the Goods which are Services, commencement by GOLAB for the supply of the said Services or GOLAB having provided you with access to the said Services.
2.3 The provision of Goods and/or the Services shall also be subject to the guidelines and/or rules as display under the description of such Goods and/or Services that may be posted on our website and/or mobile application from time to time.
2.4 In all cases, the agreement between you and GOLAB shall be, or be deemed to be, a contract made in Hong Kong.
3. Your Warranties and Obligations
3.1 You represent and warrants that:-
3.1.1 You have the power and authority to place the Order, to use the Goods and/or the Services;
3.1.2 You are eighteen (18) years of age or above; if you are providing a Sample or information on behalf of another person, you must be in the capacity as parent or guardian of a child below 18 years of age, or with such person’s written authorisation;
3.1.3 You hereby specifically represents that you and/or the person who Sample is being obtained are not restricted by any sovereign government or internationally recognized organization for using the Goods and/or the Services;
3.1.4 You confirm that the Sample is obtained from you; if the Sample is obtained from a person for whom you have legal authority, you confirm that the Sample provided is the Sample of that person;
3.1.5 You shall package, label and return the Sample in accordance with GOLAB’s requirements and guideline;
3.1.6 You shall provide GOLAB with any information reasonably necessary for performing the Services, and will ensure that any information you provide to GOLAB in connection with the Services is accurate and complete;
3.1.7 You give permission to GOLAB to process the Services on the viral RNA / DNA extracted from your Sample and you specifically request GOLAB to disclose the results of the Test to you and to others you specifically authorise or as required by the law;
3.1.8 You understand and agrees that our Services are not intended as a substitute for medical diagnosis. If you have concerns about your health, please consult your medical professionals;
3.1.9 You acknowledge that you shall assess whether the methodology and criteria of the Testing is suitable for your intended purpose; and
3.1.10 You consent that GOLAB may destroy or dispose of a Sample after completing the Testing, or retain a Sample for education or research purpose anonymously, unless otherwise agreed in writing with you.
3.2 By using this website and/or mobile application, you agree to the following:
3.2.1 Not to disrupt, amend or intercept information posted on our website and/or mobile application or on any of our internet servers;
3.2.2 Not to attempt to circumvent any security features of our website and/or mobile application; and
3.2.3 To abide by all applicable, national and international laws, rules and regulations.
4. The Goods and Services
4. 1 These Terms and Conditions will apply to any Goods and/or Services that GOLAB provides to you.
4.2 GOLAB will use reasonable efforts to achieve the Test turn-around times quoted in our website and/or mobile application for the Services, but does not warrant that it will achieve those times in the case of any particular Sample.
4.3 If GOLAB considers that the Sample is otherwise unsuitable for Testing or GOLAB is unable to conduct the Testing due to the quality and/or quantity of the sample, then GOLAB may decline to carry out the Testing without any compensation to you and GOLAB shall not be liable for any loss or damage of any kind incurred as a result of the same. GOLAB will be entitled to dispose the unsuitable or rejected Sample at our sole discretion. GOLAB may request you to submit a replacement Sample in accordance with GOLAB’s requirements and guideline, which may be subject to an additional fee.
4.4 The Testing will be conducted in accordance with the methodology and criteria as stated in the description of such Service.
4.5 The Goods will be supplied in the manner as stated in the description of such Goods.
4.6 Unless agreed otherwise, all Goods and Service sold are non-returnable and non-refundable.
4.7 Unless otherwise agreed with you, GOLAB will only deliver the Goods and/or provide the Services for customers located in Hong Kong.
5. Your Account
5.1 You must register an account with GOLAB before placing an Order with us.
5.2 You agree to: (a) provide true, accurate, up-to-date and complete information about yourself as prompted by the Service; and (b) maintain and promptly update such information to keep it true, accurate, up-to-date, and complete. If you provide any information that is untrue, inaccurate, not up-to-date, or incomplete, or if GOLAB has a reasonable ground to suspect that such information is untrue, inaccurate, not up-to-date, or incomplete, GOLAB has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5.3 GOLAB will not be able to provide Services for you unless you consent to these Terms and Conditions.
5.4 You are responsible for safeguarding your account, including your password, and are fully responsible for all activities that occur under your account, including compliance with applicable laws, rules, and regulations. If you allow third parties to access GOLAB’s website or mobile application through your username and password, you will defend and indemnify GOLAB and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify GOLAB of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you logout from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
5.5 You can stop using your account with us at any time. If you wish to terminate your account, you may notify us by sending email to info@golab.hk.
5.6 You may use your account only for lawful purposes. We may suspend or terminate your account or cease providing you with all or part of the Services or Goods at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms and Conditions, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
6. Privacy Statement
6.1 GOLAB recognise our responsibilities in relation to the collection, holding, processing, use and/or transfer of your personal data under the Personal Data (Privacy) Ordinance (Cap. 486)(“PDPO”). Personal data will be collected and use only for lawful and relevant purposes in accordance with the Privacy Statement available at http://www.golab.hk
6.2 You agree that by placing an Order with GOLAB, you agree to be bound by the Privacy Statement which may be amended from time to time.
6.3 To protect your interest, if a third party purports to contact us on your behalf, we may request that such third party should provide authorisation support and we may contact you directly for verification.
6.4 Please note that if you do not provide us with your personal data (or relevant personal data relating to persons you acting on behalf) we may not be able to provide the Goods and/or Services you have asked for or process your requests, applications or registrations.
6.5 We may also collect your identity card number and process this as required under applicable law or regulation, as required by any regulator having authority over us and, subject to the PDPO, for the purpose of identifying you where it is reasonable for your identity card number to be used for this purpose.
6.6 A cookie is an element of data that a website can send to a user’s browser, which may then store it on the user’s computer. You acknowledge that when any Order is placed through our website and/or mobile application, cookies may then be stored on your computer or smart phone. You can set the browser to notify it when a cookie is received.
7. Indemnity
7.1 You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these Terms and Conditions, your use of our website and/or mobile application, or your use of the Goods and/or Services.
8. Social Media
8.1 GOLAB operates channels, pages and accounts on some social media sites to inform, assist and engage with customers.
8.2 GOLAB is not responsible for any information posted on those sites other than information we have posted ourselves. We do not endorse the social media sites themselves, or any information posted on them by third parties or other users.
9. Third party hyperlinks and websites
9.1 Our website and/or mobile application may contains hyperlinks to third party websites on the Internet. These hyperlinks lead to websites published or operated by third parties and are not affiliated with or in any way related to GOLAB. They have been included in our website and/or mobile application to enhance your user experience and are presented for information purposes only.
9.2 GOLAB provides these links merely as a convenience. We do not endorse, approve, or guarantee information, products, services, or recommendations provided at a third party website. GOLAB shall not be deemed to have any form of cooperation with such third parties and websites.
9.3 Since we have no control over such third party websites, GOLAB is not responsible for the content or accuracy of any third party websites. We shall not be responsible for any loss or damage of any sort, directly or indirectly, resulting from your use of a third party hyperlink nor liable for any failure of products or services advertised or provided on these third party websites.
9.4 If you decide to access any third party websites linked to our website and/or mobile application, you do this entirely at your own risk. When you visit a third party website by using a link on our website and/or mobile application, you may be subject to the terms and conditions applicable to such third party website. GOLAB is not a party to any contractual arrangements entered into between you and the provider of the third party sites.
10. Intellectual Property
10.1 All content and material published on this website and/or mobile application (including but not limited to text, video, photographs, graphics, images, audio, trademarks and logos) are owned by or licensed to GOLAB, its affiliates or their respective licensors. Those works are protected by copyright laws and treaties around the world. You are not allowed to use any content or material displayed on this Site without our or such other licensed parties’ prior written permission.
10.2 All content and material published on this website and/or mobile application are protected by copyright. You are not allowed to modify, reproduce, store in a retrieval system, transmit, copy or distribute these content or materials (or any part of them), or use them for creating derivative works or in any other way for commercial or public purposes without our prior written consent.
10.3 Nothing contained in this website and/or mobile application shall be taken, construed or considered as a grant of license or right to use the trademarks of GOLAB or that of any third party displayed on the site without the prior written permission of the respective owner/s.
11. Disclaimers
11.1 All content and material published on this website and/or mobile application and the Services are provided on an “as is” and “as available” basis, with all faults. To the maximum extent permitted by applicable law, GOLAB hereby disclaims all representations and warranties relating to the information and content on this website and/or mobile application, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement of third party rights.
11.2 The information and content on this website and/or mobile application and the Services do not constitute medical advice. You should consult your healthcare professionals for advice before you make any decisions relating to your treatment or care. To the maximum extent permitted by applicable law, GOLAB hereby disclaims all liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with use of this website and/or mobile application, the Services, the Goods, or any treatment or care decisions which you make, except in the case of death or personal injury resulting from GOLAB’s negligence.
11.3 Access to this website and/or mobile application is permitted on a temporary basis and GOLAB reserves the right to withdraw or amend the Services and/or the Goods provided on this website and/or mobile application temporarily or permanently without notice. GOLAB will not be liable if for any reason this website and/or mobile application (or any part thereof) is unavailable or suspended at any time or for any period. GOLAB may restrict access to users to this website and/or mobile application (or any part thereof) for technical, administrative, legal reasons, or reasons as GOLAB thinks fit.
11.4 We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; (e) any errors in the software will be corrected; (f) any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your smart phone or computer system or loss of data that results from the download of any such material; (g) no advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in this Terms and Conditions; and (i) you should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority.
12. Limitation of Liability
12.1 Within the limits allowed by applicable laws, you expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services or the Goods; (b) any action or inaction you take based on the information you receive in through or from the Services or the Goods, (c) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services or the Goods; (e) unauthorised access to or alteration of your transmissions or data; (f) the improper authorisation for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.
12.2 Subject to the above, the aggregate liability of GOLAB and its directors, officers, employees, agents, sub-contractors in respect of any claims, losses, costs or damages arising out of or related to this Terms and Conditions, the Services and/or Goods howsoever caused (other than death or personal injury caused by GOLAB’s negligence) will be limited to the amount of fees which GOLAB received for the Services and/or Goods from you.
13. General
13.1 Governing Law and Jurisdiction. These Terms and Conditions shall be governed by the laws of Hong Kong and the courts in Hong Kong shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms and Conditions, its subject matter or formation.
13.1 Non-Waiver. No failure of or delay by GOLAB to exercise any right, power, remedy or privilege shall operate as a waiver of the same.
13.2 Should any term (or part of a term) of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other terms or remainder of the term in question (as applicable) will not be affected thereby.
13.3 Force Majeure. GOLAB shall not be responsible for any delay or failure to fulfill any of its obligations under the Services and/or Goods nor be liable for any loss or damage suffered or incurred by you by any of act of God, war, government or parliamentary restriction, import or export regulation, public heath, strike, lockout, trade dispute, fire, theft, flooding, breakdown of plant or premises, late or non-delivery of any supplies or any other cause whatsoever beyond the control of GOLAB.
13.4 Headings and Captions. The headings and captions contained in these Terms and Conditions are for convenience only and do not constitute any legal or contractual effect.
13.5 GOLAB may at its discretion alter these Terms and Conditions (or any part of them) from time to time and effective upon posting at GOLAB’s website, which shall prevail without further notice to you over all other previous versions and shall apply to Orders accepted after the date of such posting.
13.6 GOLAB may without the prior written consent of you assign any benefit or transfer, delegate or sub-contract any of its duties and obligations under these Terms and Conditions.
13.7 English Version Prevails. We have provided a Chinese language translation of these Terms and Conditions for reference only. If there is any inconsistency or discrepancy between the English version and the Chinese version, the English version shall prevail.
13.8 Rights of Third Parties. These Terms and Conditions shall not create or give rise to, nor shall it be intended to create or give rise to, any third party rights, whether directly or indirectly, expressly or impliedly. The application of the Contracts (Rights of Third Parties) Ordinance is hereby expressly excluded.
13.9 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and GOLAB and govern your use of the Services and/or the Goods, superseding any prior agreements and understandings between you and GOLAB on the subject matter, whether oral or written, in connection therewith.
Version: 21 Jan 2021
