Welcome to the website and/or application of Sow Fertility Limited (“Platform”).

BEFORE USING THIS PLATFORM, PLEASE READ THE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS PLATFORM.

SOW FERTILITY LIMITED’S SERVICE PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION AND A MEANS TO INTERACT WITH INDEPENDENT PRACTITIONERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE, AND SOW FERTILITY LIMITED ITSELF DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT. NONE OF THE CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.

1. Agreement

1.1 By accessing this Platform, you agree to be bound by these Terms of Use. You also acknowledge that you have read and understood the terms of our Privacy Policy and that you agree with it. The Privacy Policy is hereby incorporated into and made part of these Terms of Use. Access to and use of the Platform and the information, materials, products and services available through this Platform are subject to all applicable laws and regulations and to these Terms of Use.

1.2  When you use services provided by Sow Fertility Limited (“Sow”, “we” or “us”)  you acknowledge that Sow may share certain personal data with your employer or health plan  for billing and accounting purposes, or as otherwise may be permitted.

1.3 These Terms of Use, our Privacy Policy and the special terms and conditions which are hereby incorporated as if set forth fully herein, represent the complete agreement between you and us concerning your use of the Platform.

1.4 From time to time, we may make changes to these Terms of Use without notice to you. The latest Terms of Use will be posted on the Platform, and you should always review these Terms of Use prior to using the Platform to ensure that you have a current understanding of the Terms of Use under which you are permitted to access the Platform. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use to you by e-mail upon request. You will be legally bound by the updated or amended Terms of Use from the first time that you use the Platform once we have updated the changes online.

1.5 Sow’s service enables individuals to access to practitioners and different types of service providers offering their services through the Sow’s service, as well as general information relating to health and wellness. More specifically, the Sow’s service enables users to access certain content, and to communicate with practitioners using video/audio chat or electronic messages. You acknowledge that when communicating with practitioners using video/audio chat or electronic messages, Sow may record your personal data disclosed in the appointment (for example by using a third party AI assistant transcription services) in accordance with Privacy Policy. 

2. Consultations

You agree and acknowledge that notwithstanding any member benefits you may be entitled to with Sow:

• any consultations with practitioners cannot be booked within 24 hours of the consultation; 
• cancellation or rescheduling of a consultation within 24 hours of the scheduled consultation will result in your consultation quota associated with your membership being deducted, despite the consultation not taking place; 
• consultations with practitioners are not for diagnosis or sick leave notes; and
• if you require offline services with a practitioner, these can be booked directly through Sow.

3. Independence of Practitioners

3.1. The practitioners who you engage with through Sow’s service are independent professionals, and practice as part of a group of independently owned professional practices. Some practitioners may be licensed to provide certain services, and may be acting within the scope of their license when they engage with you. Sow is not practicing medicine or any other licensed profession and Sow does not interfere with how practitioners comply with the requirements of their license or profession. Sow merely offers you Sow’s service in order to enable you to engage with practitioners, and is not liable for any professional advice you receive from a practitioner. The practitioners operating through Sow’s service are licensees of Sow’s service and not employees of Sow. Any opinions, advice, or information provided by a practitioner is of the practitioner alone, and does not reflect the opinions of Sow. Sow does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on Sow’s service or by a practitioner. We do sometimes provide directories or lists of various practitioners, providers, or services. The fact that we include a practitioner in such a directory or list is not a recommendation or endorsement, and is not meant to verify their credentials, qualifications, or abilities, further Sow is not liable for any fees that they may charge. You may not use Sow’s service to verify the credentials of practitioners. This information is provided on an “as-is” basis and Sow disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Sow shall in no event be liable to you or to anyone for any decision made or action taken in reliance on information about practitioners obtained through Sow’s service.

4. Data Privacy

Any personal data (as defined in our Privacy Policy) you supply to us when you use the Platform will be used in accordance with our Privacy Policy.

5. Your Obligations

5.1 You agree to use the Platform for personal and non-commercial use only and shall not post or transmit through the Platform any material which violates or infringes in any way upon any intellectual property rights, proprietary rights or confidentiality obligations of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. In particular, you agree not to upload or transmit through the Platform any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or device. We reserve the rights from time to time, without notice, to access your account to observe and record your access to and use of the Platform to determine if you are complying with these Terms of Use.

5.2 You agree to comply with all applicable laws, statutes, ordinances and regulations (“Applicable Laws”) regarding your use of the Platform. You recognise the global nature of the internet and you understand that the Applicable Laws may be of a jurisdiction other than your own and you agree that compliance with Applicable Laws is your sole responsibility. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.

5.3 You agree that you shall at all times provide true and accurate details in all registration/application/enquiry forms you submitted to us on the Platform.

5.4  You agree to indemnify and hold us and our respective officers, directors, agents and employees harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all reasonable legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms of Use and/or your use of the Platform. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.

6. Modifications to Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or any part thereof.

7. Links to Third Party Websites and/or Applications

We may provide links to other sites and/or applications (including WhatsApp, Zoom, Instagram, LinkedIn, YouTube and more) or resources maintained by unrelated companies and persons (“Linked Site(s)”). We do not monitor the contents of the Linked Sites and have no control over the Linked Sites. We are not responsible for the content or material of any Linked Site or any links contained in a Linked Site, or any changes or updates to such Linked Sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operator. Your access and use of such Linked Sites remains entirely at your own risk and you agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.

8. No Medical or Healthcare Advice

Any medical or healthcare information provided by us on the Platform is purely a resource library and is for reference and general information purposes only. We do not warrant that any information provided will meet any mental health or medical requirements. Furthermore, our Platform and any consultations conducted through it are  NOT intended for use in diagnosing or treating medical or health conditions or obtaining sick leave notes, and is NOT a substitute for qualified professional medical or healthcare advice and should not be treated as such. You should always seek advice from a qualified medical professional or other healthcare service provider with any questions you may have regarding a medical or health condition.

9. Disclaimers and Limitation of Liability

9.1 The Platform provides general information about our services and activities. Whilst we have endeavoured to provide such information, features or other content on the Platform as was current and accurate as at the date of publication, they are provided without warranties or representation of any kind (express or implied). In particular, no warranty or representation, express or implied, regarding accuracy, adequacy, completeness, timeliness, non-infringement, reliability, freedom from computer virus, security, merchantability or fitness for a particular purpose, that materials on the Platform are appropriate or available for use in any other jurisdictions is given in conjunction with such information, material or service. You agree that your use of the Platform is entirely at your own risk and it is your responsibility to evaluate the accuracy and completeness of all information, statements, opinions and other material on the Platform or any links.

9.2 Sow Fertility Limited will take all reasonable steps to ensure the quality of AI-generated transcriptions provided by third parties, but does not guarantee the accuracy of any AI-generated content and disclaims any and all liability for any errors or omissions in the content produced by AI technology. Sow Fertility Limited is not responsible for any consequences arising from error in AI-generated content. You should exercise discretion and seek expert advice when making decisions based on automated information. Additionally, we reserve the right to modify or remove AI-generated content at any time without prior notice.

9.3  To the fullest extent permitted by Applicable law, Sow Fertility Limited excludes all liability for any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses resulting from or arising out of your use, or the inability to use the Platform, even if we have been advised of the possibility of such damages.

10. Intellectual Property

All information, data, text, music, sound, photographs, graphics, software, video, messages or other materials displayed on or available through the Platform (collectively the “Content”) are our properties or are licensed to us and are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. We and/or our licensors own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may only download and print the Content for the use specified herein or for your personal and non-commercial use. You have no rights in or to the Content. Except as expressly provided herein, you may not modify, alter, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part without our written authorization.

11. Termination

We may terminate your access to and use of all or part of the Platform with or without notice to you.

12. Law & Jurisdiction

12.1 The Platform is controlled by Sow from our office in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Access to, or use of, the Platform or information, materials, products and/or services on the Platform may be prohibited by law in certain countries or jurisdictions. We make no representation that the information contained herein is appropriate or available for use in other locations.

12.2 These Terms of Use and all matters relating to your access to, and use of information on the Platform shall be governed by and construed in accordance with the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.

13. General Provisions

13.1 If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

13.2 Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers by us must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

13.3 Notices served in relation to these Terms of Use shall be in writing and may be served by post or e-mail.

13.4 In these Terms of Use, unless the context otherwise requires:-

a. the headings used in these Terms of Use are for convenience only and shall not in any way affect the construction or interpretation hereof;
b. words and expressions importing the singular include the plural and vice versa; and
c. words and expressions importing one gender include both genders. 

14. Contacting us

If you have any questions regarding these Terms of Use or any other consumer or technical matters, you may contact us by writing to Sow Fertility Limited at:

Sow Fertility Limited

Room 1505, 15/F, Yu Sung Boon Building

107-111 Des Voeux Road, Central

Hong Kong