Terms of Service for Clients

The following Terms of Service for Clients (“Terms of Service”) set forth the terms and conditions, whereby you (as one of the “Client”) agree to use the health care services provided by Homelistic Healthcare Limited (“Homelistic”), a private company incorporated under the laws of Hong Kong (Company No. 75280122), including but not limited to the referral of health care professionals (“Care Elite”) to you to provide home care and related services for yourself or on behalf of others (“Care Recipient”).

By submitting a Booking Request to Homelistic, you agree to be bound by these Terms of Service.

  1. Making Booking Requests
    1. Homelistic provides a web-based portal at https://www.homelistic.com.hk (“Homelistic Platform”) through which Client can review the range of care services provided by Homelistic and the personal particulars and qualifications of the Care Elites listed on Homelistic’s database for providing the related care services.
    2. When a booking request (as hereinafter defined) is made by a Client for the first time, Homelistic will conduct a preliminary care assessment to decide whether it is able to assist with the request.
    3. If it is able to do so, Homelistic will propose via an algorithm the most suitable Care Elite from its database and invite Client to make formal booking request(s) (each a “Booking Request”) confirming the following details for each and every time of a Booking Request:-
      1. the nature and scope of the care services requested;
      2. the address where the requested care services are to be carried out (“Booked Service Location”);
      3. the date and time the requested care services are to be undertaken by the Care Elite (“Scheduled Booking Time”);
      4. the amount of time (on hourly basis) the Care Elite will be requested to carry out the Booked Services (“Booked Service Duration”), which is however subject to Homelistic’s review and modification of the same if necessary and upon further notice to you.
    4. Once Homelistic confirms the Booking Request with you (“Booked Service”), you will automatically be subject to the Appointment and Cancellation Policy for Clients, as described herein below.
  2. Use of Information Collected
    1. Client hereby expressly acknowledges and agrees that, by getting access to the Homelistic Platform and/or using the services of Homelistic, Client also agree to be bound by the Terms of Use [https://www.homelistic.com.hk/en/terms-of-use] and Privacy Policy [https://www.homelistic.com.hk/en/privacy-policy] as published on the Homelistic Platform, which are incorporated herein by reference and which you acknowledge that you have reviewed and accepted.
  3. Obligations of Homelistic and the Care Elite
    1. You understand and acknowledge that the Care Elite is engaged by Homelistic as an independent contractor and is not an employee of Homelistic.
    2. The Care Elite is not an agent or partner (through a joint-venture or otherwise) of Homelistic and is not authorized to make any representation, contract or commitment on behalf of Homelistic.
    3. Homelistic will be responsible for:-
      1. providing medical equipment, tools and consumables for the performance of the Booked Services;
      2. developing and updating plan of care for Care Recipient;
      3. managing the services provided by Care Elite including providing reasonable guidelines, specifications, instructions, policies and/or codes of conduct and practice from time to time;
      4. following up and managing Client’s case; and
      5. other services as described in the Homelistic Platform.
    4. Care Elite will be responsible for:-
      1. delivering and completing the Booked Services;
      2. provide the Booked Services with reasonable standard of skills, cares and judgments from time to time including taking direct instructions from you
      3. taking all necessary steps to avoid any loss and/or damage to the Client’s property; and
      4. utilising the Booked Service Duration effectively and efficiently in providing the Booked Services.
    5. Without prejudice to other rights or remedies of the parties, if the Booked Services performed by the Care Elite are not up to a standard reasonably required of a Care Elite or if there is any loss or damage caused to the Client by the Care Elite (the “Client’s Dispute”), the Client shall notify Homelistic of the Client’s Dispute within seven (7) working days following the completion of the Booked Services (the “Dispute Period”).
    6. Homelistic shall immediately inform the Care Elite of the Client’s Dispute and investigate into the matter. Client shall provide such details, information and/or documents to assist Homelistic to investigate into Client’s Dispute.
    7. Subject to the discretion of Homelistic, Homelistic will request the Care Elite to arrange, via Homelistic, a date and time mutually agreed with the Client (in no event later than 7 days after the Client’s Dispute is raised unless otherwise agreed by the Client) to complete the Booked Services or rectify the Booked Services to a reasonable standard.
    8. No additional payment will be charged to the Client for the performance of any rectification services in satisfaction of a Client’s Dispute. Booked Services will not be deemed to be completed (and an invoice will not be issue to the Client for payment) until a Client Dispute has been resolved.
  4. Obligations of the Client
    1. The Client shall:-
      1. do all things which are reasonably necessary to enable the Care Elite to perform the Booked Services in an efficient manner;
      2. give clear instructions to Care Elite upon Care Elite’s requests from time to time in the performance of the Booked Services;
      3. provide a safe environment for the Care Elite to provide the Booked Services;
      4. notify Homelistic of any loss or damage caused by the Care Elite as soon as practicable, but in any event, within the Dispute Period; and
      5. ensure that the Booked Service Location is at a private residential property and not an office or a place of business (except where the care services involve escort services).
    2. Unless otherwise agreed by the parties, Client agrees that the rest time arrangement of each Booked Service is as follows :-
      1. For every roster of 8 hours in a Booked Service, Care Elite is entitled to rest time of 30 minutes;
      2. For every roster of 9 to 10 hours in a Booked Service, Care Elite is entitled to rest time of 45 minutes;
      3. For every roster of 11 to 12 hours in a Booked Service, Care Elite is entitled to rest time of 60 minutes.
  5. Payment of Booked Service Fees
    1. The Client shall pay fees (inclusive of any disbursements and expenses in relation to the provision of the Booked Services) for the Booked Services (“Booked Service Fees”) as set out in accordance with the Price Table for Clients, which are incorporated herein by reference and which you acknowledge that you have reviewed and accepted, or in accordance with such other arrangements and/or fees as mutually agreed between Homelistic and the Client.
    2. Homelistic will invoice Client at the beginning of each calendar month for the Booked Services Fees payable on the completed Booked Services in the previous calendar month. Client shall settle the invoice within seven (7) days.
    3. If Client fails to pay any Booked Service Fees which have become due, Homelistic shall have the right not to process your Booking Request(s) and the right to cancel any Booked Service(s) made by you.
    4. All amounts payable pursuant to these Terms of Service are expressed in and shall be paid in Hong Kong Dollars, unless otherwise agreed by the parties.
  6. Cancellations and Rescheduling
    1. At Homelistic’s sole discretion, any cancellation or rescheduling in respect of a Booked Service by the Client may result in Client being subject to payment of a service charge in accordance with the Appointment and Cancellation Policy for Clients[https://www.homelistic.com.hk/en/appointment-and-cancellation-policy], which are incorporated herein by reference and which you acknowledge that you have reviewed and accepted.
  7. Confidentiality
    1. Save as other required by law, governmental authority or order of a court of competent jurisdiction, Homelistic shall, and shall also procure the Care Elite to keep in strict confidence all confidential information which has been disclosed by you.
    2. You also agree to keep in strict confidence all information of a confidential nature which has been disclosed to you by Homelistic or Care Elite.
    3. The duty of confidentiality in Sections 7.1 and 7.2 above shall not apply to the following circumstances:-
      1. the use and/or disclosure of such confidential information is necessary for the proper performance of the care services under these Terms of Service;
      2. the use and/or disclosure of the confidential information is in accordance with the Privacy Policy;
      3. the disclosure of any confidential information already known to the recipient other than as a result of disclosure by the other party;
      4. the disclosure of any confidential information which is or becomes public knowledge other than as a result of disclosure by the other party;
      5. the disclosure is required by any law, governmental authority or order of a Court of competent jurisdiction;
      6. in any other circumstances, with the prior written consent of the other party.
    4. This Section shall survive termination of these Terms of Service.
  8. Governing Law and Jurisdiction
    1. These Terms of Service shall be governed and interpreted pursuant to the laws of Hong Kong and the parties hereto agree to be submitted to the non-exclusive jurisdiction of the courts of Hong Kong in relation to any matters arising out of these Terms of Service.
  9. Modification
    1. Client hereby expressly acknowledges and agrees that, by getting access to the Homelistic Platform and using the services of Homelistic, Client is bound by the then-current version of the Terms of Service and the then-current version of any supplements or documents incorporated herein, including but not limited to the Terms of Use, Privacy Policy, Appointment and Cancellation Policy for Clients and Price Table for Clients (“the Incorporated Terms”).
    2. These Terms of Service and the Incorporated Terms may be revised at any time by Homelistic without any notice to you. They will take effect immediately when they are posted on the Homelistic Platform. You agree to review these Terms of Service and the Incorporated Terms regularly to be aware of such modifications. Your continued access to the Homelistic Platform and/or use of the services of Homelistic after such modifications shall be deemed to constitute your conclusive acceptance of the modified Terms of Service and the Incorporated Terms.
  10. General
    1. Any notice to be given to Client may be served (i) personally, (ii) by post to any last known address, (iii) by email, or (iv) by voice message or SMS to Client’s s Hong Kong number.
    2. Any notices to be given to Homelistic shall be served personally, by fax, by post or by email.
    3. Neither party shall be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure results from events, circumstances or causes beyond its reasonable control.
    4. Except as expressly provided otherwise in these Terms of Service, if any term or provision herein is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
    5. The waiver by a party of any default, breach or non-compliance under these Terms of Service shall not operate as a waiver of that party’s rights under these Terms of Service in respect of any continuing or subsequent default, breach or non-observance (whether of the same or any other nature).
    6. All rights and remedies of the parties are separate and cumulative, and none of them, whether exercised or not, shall be deemed to be to the exclusion of any other rights or remedies or shall be deemed to limit or prejudice any other legal or equitable rights or remedies which either party may have.
    7. These Terms of Service, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
    8. Neither party shall be entitled to assign or otherwise part with the whole or part of the benefit under these Terms of Service without the consent of the other party.
    9. These Terms of Service may be executed in multiple counterparts (if applicable), including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

Last Updated 27 May 2022