Terms and Conditions of Service for Clients

As your partner in health, we are striving to keep you healthy, and a trusted healthcare professional-patient relationship and a thorough understanding of your health condition are crucial. We develop these terms and conditions with these goals in mind to set out a good start to your health journey with us.

1. Holy Grace’s Service

Holy Grace Nursing Services Limited (“Holy Grace”) operates an online platform under the name or mark of “Triage” which connects nurses and healthcare professionals with clients who seek online or on-site consultation services, home care and related services.

Holy Grace does not employ, recommend or endorse any nurses and healthcare professionals listed on/registered with or Client of Triage, nor is it responsible for the conduct or acts or omissions of any nurses and healthcare professionals listed on/ registered with or Client of Triage.

Regulatory Compliance

1.1 All Healthcare Professionals registered with the Triage platform are required to comply with the following healthcare regulations and standards:

• Hong Kong Medical Council's Code of Professional Conduct;
• Nursing Council of Hong Kong's Code of Professional Conduct and Code of Ethics;
• Personal Data (Privacy) Ordinance (Cap. 486);
• Medical Registration Ordinance (Cap. 161);
• Nurses Registration Ordinance (Cap. 164);
• Any other applicable healthcare laws, regulations, and guidelines issued by relevant healthcare regulatory bodies in Hong Kong or overseas.

1.2 All Healthcare Professionals registered with the Triage platform are required to maintain valid registration with their respective professional regulatory bodies and adhere to all continuing professional development requirements.

2. User Agreement

In consideration of Holy Grace making its Services available to you, you agree to be bound by these Terms and Conditions of Service.

3. Definitions

In these Terms and Conditions of Service, the following words or phrases shall have the meanings ascribed to them as follows:

“Agreement” means these Terms and Conditions of Service, as may be updated from time to time and published on Triage’s website; “Care Service(s)” means nursing, healthcare and/or other related services;

“Healthcare professionals” means a nurse or healthcare worker who is registered with Triage as an independent contractor who is available for Care Services;

“Client(s)” means any individual, company or organisation, including but not limited to, governmental organisations and non-governmental organisations, that requests for Care Services through Triage;

“Work” means any Care Service carried out by a Healthcare Professional(s) for a Client;

“Service” means any service provided by Triage to you, including, but not limited to, connecting you to the Healthcare professionals as selected by you.

“Your Healthcare Professional(s)” means any Healthcare Professional(s) introduced to you by Triage.

4. Accessing our services

4.1 Treatment/ advice:

• Keeping you well is the most important, at the beginning of each consultation/ treatment/ advice, our healthcare professionals will always assess what kind of and/or whether a health care treatment/ advice is suitable for you prior to any treatment/ advice being carried out.
• To make sure that our healthcare professionals are offering the best course of treatment/ advice to you, you are encouraged to provide us with all relevant medical details prior to each treatment/ advice.
• The effectiveness of the treatment/ advice is largely dependent on the information you provide, your willingness to cooperate and follow through with all the instructions and/or recommendations given by our practitioners.

4.2 Possible Risks

As with any medical procedure, there are potential risks associated with the use of telemedicine. You acknowledge and understand that telemedicine is not suitable for all medical conditions. The following conditions generally require in-person evaluation and are not appropriate for telemedicine services. These risks include, but may not be limited to:

• In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision-making by the physician/ consultant/ healthcare professional(s);
• Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment;
• In rare instances, security protocols could fail, causing a breach of privacy of personal medical information;
• In rare instances, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions, or other judgment errors;
• The healthcare professional reserves the right to discontinue Telemedicine at their own discretion if they feel that safe medical advice cannot be delivered in such instances.
• Emergency medical conditions requiring immediate attention (e.g., chest pain, severe shortness of breath, severe abdominal pain, significant bleeding, suspected stroke, or severe injuries);
• Complex physical examinations requiring hands-on assessment;
• Conditions requiring immediate laboratory testing or imaging that cannot be arranged remotely;
• Situations where the healthcare professional determines that a physical examination is necessary for proper diagnosis or treatment;
• Mental health crises requiring immediate intervention;
• Conditions requiring procedures that cannot be performed remotely.

4.3 If during a telemedicine consultation, the healthcare professional determines that your condition falls into any of these categories, you will be advised to seek in-person care immediately, and the healthcare professional may terminate the telemedicine consultation.

4.4 By using our telemedicine services, you acknowledge these limitations and agree to seek in-person care when recommended by a healthcare professional.

4.5 Account Creation

You are required to create an account when you register on the site, which includes your email, password, and personal identification information. To register, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our telemedicine system unless accompanied by an adult. You agree that the account information that you provide to us at all times, including during registration and in any information, you upload to the site will be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You may not use another person’s HKID/Passport number to register an account. The same personal identification information will be printed on Attendance / Sick Leave certificates and prescriptions.

4.6 Right to consent to a treatment or attending a consultation

• Age 18 or below: guardian’s consent for and presence during medical treatment is required
• Age 18 or above: may consent for necessary medical treatment

4.7 Payment

• Payment to us should be made in accordance with instructions provided by our online consultation system.
• (if applicable) You would need to pay the basic consultation fee to secure your appointment.
• (If applicable) Medical certificates and prescriptions will not be issued before full payment is made.
• Please do not pay twice. It may take up to 30 days before we are able to refund any overpayment.
• In case you decide to cancel/not attend the appointment less than 2 hours before the consultation, no refund will be made. However, you may elect to reschedule the appointment.
• If a refund is issued, it may take up to 30 days for us to settle the refund.

4.8 Consultation & Follow-up process

Proper consultation is required to ensure the right professional advice is given to a specific individual, identified with HKID or other credentials as well as your current location.

If the healthcare professionals deem you to be too unwell or not suitable for a consultation, then he/she may request you to present to other clinics / hospitals for a proper examination. An Attendance / Sick Leave certificate will not be provided in such cases.

After your consultation, we may follow up with you on the progress of the advice given via messenger in the software system of Triage. If you have any queries in relation to your treatment, you may contact the healthcare professionals and/or other governor authorities.

4.9 Waiting time

Your appointment will start at the appointment time. However, there may be a chance that the previous consultation may overrun or that long procedures are involved. In those circumstances, the waiting time will be affected. Our system will notify you of the delay with that event.

If you are more than 10 minutes late for the consultation, we would open the time slot to the next patient in the line, and you would need to get in touch with your healthcare professional(s) to reschedule.

5. Attendance / Sick Leave Certificate

5.1 You are required to communicate your request for an Attendance / Sick Leave certificate to Your Healthcare Professional during the consultation if such a certificate is needed and that whether such a certificate is to be issued is to be determined by Your Healthcare Professional

6. Consent to Receiving SMS / Text Message / Emails

6.1 We will communicate with you via email, phone call, and/or text message at the email address and/or number provided, including through auto-dialed, auto-generated, and/or pre-recorded messages. You certify that you are the user and/or subscriber of the email address and/or mobile number provided, and you accept full responsibility for emails and/or text messages sent to or from this address or number.

6.2 You understand that emails and text messages have inherent privacy risks, especially when access to your computer or mobile device is not password protected or access is provided by a third party.

6.3 You understand there may be a delay when responding to emails or text messages; thus, if you have an urgent situation, you should not rely on email or text messages to request assistance.

6.4 You understand that text message or other communication outside of the consultation and response thereto may become part of my medical record – as appropriate.

7. Security and Encryption

7.1 We are not responsible for any data breaches that occur on your end, e.g., existing viruses on your own device or conducting telemedicine in a non-private location.

7.2 We reserve the right not to email certain unencrypted documents where there is suspicion of potential data breaches.

8. Treatment of Personal Data and Information

8.1 Privacy Policy Statement
Your personal data will be collected, kept, and used with utmost care. All online services provided by Triage (“us”), would be in line with our notice of privacy policy, which is subject to change according to legal and commercial requirements, and the latest copy will be updated and made available at https://www.triage-health.io.

8.2 Personal Information Collection Statement (PICS)
You can find the details of the purposes, treatment and storage, and use of your data for direct marketing and more on our Personal Information Collection Statement on our website. You would need to consent to our PICS during the account registration process.

9. Abuse

We reserve the right to ban any users who abuse the use of the system or are involved with acts that may compromise the integrity of the system. Examples include but are not limited to:

• Forgery of documents
• Hacking into other accounts
• Using partner portals without proper credentials/membership
• Falsifying online payments
• Sexual harassment
• Any harm of any nature to any individual, person, or corporate entity

If there is a concern of harm to the general public or data breach, relevant authorities will be contacted, your account may be terminated.

10. Third Party Right

Except for you and us, no person will have any rights under or in connection with these Terms.

10.1 Right to Complain

• We endeavor to treat all our clients appropriately, compassionately, and fairly. If however, you have an issue with any matter in relation to your treatment, you are entitled to lodge a complaint, either in person, by telephone or in writing to info@triage-health.io. If you require assistance with making your complaint, We will be pleased to help and support you through the process.
• The member of staff who initially receives the complaint will convey the details to the Clinic Manager or their designated deputy. Where this cannot be resolved immediately, you will receive an email within 14 working days to confirm that an investigation into the matter is underway and that a response will be made as soon as possible.
• Complaints of a non-medical nature will be handled in their entirety by the Clinic Manager and their Regional Support Manager.
• If your complaint is treatment-related the matter will be discussed with the relevant healthcare professional and may require you to attend an additional consultation with that healthcare professional or an alternative member of the team. The objective of this is to provide an explanation or a solution to your concerns. We aim to furnish you with a full written response within 20 working days or where this is not possible, an explanation as to the cause of the delay.

10.2 Changes to these Terms and Conditions
To ensure that we provide high-quality services to you, we may change the details and rules, procedures, conditions of participation, identity and range of partners, incentives, discounts, eligibility requirements, and features including these Terms and Conditions and any other terms and conditions from time to time. Any revisions of the Terms and Conditions shall be effective as of the date of publication.

10.3 Discounts & Promotions

1. Unless otherwise specified, discounts and promotions cannot be used in conjunction with others. (i.e. During every checkout, you can only use one discount or enjoy one promotion offer.).
2. Unless otherwise specified, all discounts and promotions (including vouchers) are non-transferable and cannot be exchanged for money.

11. Jurisdiction and Choice of Law

All disputes arising out of and in connection with this "Terms and Conditions of Service for Clients" be resolved by arbitration in Hong Kong by a sole arbitrator, Should the parties fail to agree as to the identity of the arbitrator, he/she shall be appointed by the President for the time being of the Hong Kong Institute of Arbitrators. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.

12. Disclaimer of Liability

You agree not to hold Holy Grace, its directors, employees, agents or affiliates liable for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to your use of Holy Grace’s service, including without limitation any liabilities arising in connection with the conduct, act or omission of any healthcare professionals (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any healthcare professionals, any instruction, advice, act, or service provided by any healthcare professionals or by Holy Grace.

Jurisdiction-Specific Liability: Notwithstanding any provisions to the contrary, nothing in this Agreement shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law, including but not limited to liability for death or personal injury caused by negligence.