1. DEFINITIONS
1.1 “we”, “us” ,our, or “ The Company” means Dr Bertram Hair.
1.2 Patients Information” means the written information supplied by us to you either in brochures or in paper forms.
1.3 “Procedures” refers to the surgical procedure to be carried out by our Doctors in the Premises.
1.4 "Premises" means the laction of Dr Bertram at 6/F 29 Austin Road, Tsimshatsui, Kowloon, Hong Kong.
1.5 “Doctors” means a medical practitioner registered in Hong Kong who is qualified to carry out the Procedure in the Premises as set out in the Hair Restoration Plan.
1.6 “Patient or “you” means any person who has entered into a contract for a Procedure and whose name is kept in our Patient Record.
1.7 “Online Consultation or Assessment” means the initial contact between you and Dr Bertram’s representative in order to assess if you are a good candidate for our service. This can be through whatsapp, wechat, email or the website contact form
1.8 “Doctorl Consultation” is the point at which our Doctors meets with you in person to assess suitability for the Procedure – this would be subsequent to the Online Consultation or Assessment.
1.9 “Hair Restoration Plan” means your personal quotation plan recommended by our doctors.
1.10 “Cost” is Total Hair Restoration Plan Price quoted and printed detailed on the receipts.
1.11 “Aftercare” means the aftercare service provided to you by our Doctors or Surgical Team, where you are entitled to contact during office hours for up to 12 months post operatively regarding advice pertaining to your procedure
1.12 “Additional Grafts” are any extra grafts taken on the day of surgery in excess of the Hair Restoration Plan.
1.13 "Patient Advocate" is any staff of the Company assigned to helps patients communicate with the Doctors as to get the information they need to make decisions about their procedure and aftercare. Patient advocates may also help patients set up appointments for doctor visits and get financial support.
2. OBLIGATIONS AND WARRANTIES
2.1 Our Doctors are registered with the Medical Council of Hong Kong and are obliged to maintain full Private Practice Medical Indemnity Insurance with the Medical Defence Union, the Medical Protection Society, or other appropriate insurers.
2.2 All our Doctors are self-employed and make their own clinical decisions at all times.
2.3 Patient warrants that having read and understood these Terms and Conditions, that no cause of action in negligence will accrue against Dr Bertram and/or Hong Kong Hair Transplant Pty Ltd for any procedure carried out by the Doctors.
2.4 The patient further warrants that he or she fully understands the range of possible outcomes of the proposed surgical procedure as stated in the written Consent Form.
2.5 Dr Bertram on the other hand can decline to have any procedure conducted in the Premises without the need to provide any reasons or explanations.
3. DOCTOR-PATIENT RELATIONSHIP
3.1 The Online Consultation does not establish any Patient-Doctor Relationship.
3.2 Procedure is only offered to patient which is conditional upon the acceptance of the Patient by the Doctor based upon information given by the Patient during the initial and subsequent Doctor Consultations.
3.3 The decision to carry out procedure shall be at the discretion of the Doctors alone.
4. PATIENT’S OBLIGATIONS
4.1 Treatment will only be given where payment has been taken as agreed with the Patient Advocate and a clear payment plan has been detailed and agreed by both the Patient and the Company.
4.2 Payment for any additional grafts as requested on the day of surgery must be made prior to surgery taking place.
4.3 The Patient acknowledges that the Patient Advocate is not a doctor or surgeon. Any advice that the Patient Advocate may give is purely of a general non-medical nature. If the Patient has any medical queries then this should be raised with the Doctors at the visits.
4.4 The Patient agrees to provide the Surgeon and clinical staff with a health history that is honest, accurate, reliable and complete. The Patient understands that withholding any medical information could be detrimental to his or her health and safety and may result in cancellation of the procedure with no refund. The Patient agrees that if any change occurs in his or her medical history or status to inform Dr Bertram without delay and to, at all times, keep Dr Bertram informed.
4.5 The minimum age for any consultation or surgical procedure is 18 years of age when not accompanied by Majors.
5. GENERAL OBLIGATIONS
5.1 Dr Bertram reserves the right to alter the Patient’s admission date and/or outpatient appointments although such changes will be avoided wherever possible. The Patient agrees that no consequential loss will be payable for the such cancellation on any procedure/appointment
5.2 Patient agrees that before undergoing the procedure he/she has been given an opportunity to seek further explanation or consultation with the Doctors.
5.3 On the day of the procedure you and the Doctors must both fully agree as to the procedure that has been planned.
5.4 Before your procedure you must fully understand all the potential risks and benefits and are required to sign a Medical Consent Form provided to you by the Doctors.
5.5 The patient accepts that Dr Bertram is not liable for the aethestic outcome of the hair restoration procedure.
5.6 In the interest of patient safety and welfare, we reserve the right to cancel or postpone your procedure if deemed necessary.
5.7 Our role is limited to providing arrangement and co-ordinating services between you and the Doctors for the purpose of the medical services provided to you by the Doctors.
5.8 You should seek advice from your General Practitioner or nay other doctors when considering and before deciding upon any surgery and you should undergo any appropriate health checks and tests before you decide upon such surgery.
5.9 Surgery of any kind carried risks. The risks include medical complications during the operation or afterwards, the risk that the surgery may not be successful and the risk that you might not be satisfied with the result.
5.10 You should make sure that you discuss with your GP the risk that you might not be satisfied with the result. You should make sure that you discuss with your GP the risks of and your expectations from the surgery.
5.11 You warrant that the answers provided by you are complete, correct and up-to-date. You also warrant that your health is such that you are fit to undergo surgery.
5.12 You also warrant that you will disclose all information relating to your health, whether physical or psychiatric / psychological, which may be relevant to the provision of the medical services envisaged. We rely on you to provide all relevant health information, and rely on such information being complete, accurate and up to date. We accept no responsibility for any injury, loss or damage, howsoever cause, if such injury, loss or damage is cause in whole or in part by any failure on your part to provide complete, accurate and up-to-date information as to your health.
6. COOLING DOWN PERIOD
6.1 You should take time to consider any decision you may make following any consultation as suggested below or any of your queries being answered by the Doctor. We suggest a consideration period of at least 7 days before making a decision.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 In this clause 4.11“Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design
rights, rights in get-up, database rights, rights in data, utility models, domain names, rights in computer software and all similar rights of whatever nature and, in each case:
(i) whether registered or not,
(ii) including any applications to protect or register such rights,
(iii) including all renewals and extensions of such rights or applications,
(iv) whether vested, contingent or future and (v) wherever existing.
7.2 All Intellectual Property relating to us shall remain the property of the party who owns it or the third party who licenses it to us. No licence is granted in relation to our Intellectual Property Rights unless specifically agreed to in writing. The Company reserves the right to take legal action to protect its position.
8. COMPLAINTS
8.1 The complaints procedure is available on request. If you have a complaint regarding any aspects of our service we recommend that you discuss this with our Customewr Service Manager in the first instance
8.2 Aftercare – The initial aftercare period will include standard post surgical review appointments for up to 12 months after surgery. Any subsequent treatment will be quoted and charged separately.
8.3 Refund – Your Surgeon will aim to ensure that you receive not less than the number of Grafts proposed in this contract as practically possible, however if for any reason you receive fewer grafts than in this contract due to a reason decided by the Doctors during your procedure, there will be a refund for the difference in grafts proposed in this contract and number you received.
8.4 In case the result of the procedure does not meet your expectation, taking into consideration the natural progression of hair loss and that no medical procedure can 100% guarantee the result, there will be no refund offered unless there is clear evidence that the results were compromised due to negligence on the part of the doctors and the medical team.
8.5 Subsequent procedure to improve the outcomes, if offered, would incur a fee. The charge would depend on the circumstances of each patient and each procedure separately. We shall make the ultimate decision in readiness and our decision is final
8.6 The complaints and refund policy is limited to the original Hair Restoration Plan. The patient acknowledges that final results of surgery can take 12-18 months. Hair loss is progressive and more native hair may be lost during this period. Full hair restoration may require further surgeries and a staged approach
8.7 If the Patient fails to follow the advice and guidance given (both pre and post-operative) or to attend review appointments; or where the results of the procedure originally provided have been affected by changes in lifestyle, illness or the natural ageing process we will not be liable or responsible in any way.
9. CONFIDENTIALITY
9.1 Dr Bertram and the Patient agrees that all matters relating to the Patient’s treatment will be kept confidential, save where Dr Bertram is required to disclose such material to relevant members of medical staff at Dr Bertram and/or relevant government authorities be they regulatory or otherwise. For details please refer to our Privacy Policies.
9.2 The Patient confirms his or her consent to the disclosure of personal information by Dr Bertram to Doctors and Assistants and other medical or non medical staff for the purpose of discussing Patient’s treatment
9.3 During admission, photographs will be taken for the purpose of the medical services and will be subject to the requirements of data protection and confidentiality. The Company retains all medical notes and photographs until the time when Dr Bertram fails to operate.
10. JURISDICTION
10.1 The laws of Hong Kong shall apply to this contract.
10.2 Dr Bertram reserves the right to change these terms and conditions at any time without notice. The latest Terms & Conditions are available on request from our Patient Advocates
11. LIABILITY
11.1 Dr Bertram’s personnel do not undertake responsibility for or warrant in any way the medical services provided to you by the Doctors.
11.2 Doctors granted practicing privileges by The Company are independent self-employed contractors and are not employees, agents or sub-contractors of The Company. The Company will accept no vicarious liability for the acts, omissions or defaults of a Doctor granted practicing privileges, or for those whose actions they have formally accepted accountability for. You acknowledge that the Doctor will have personal liability for any loss, liability or costs (including legal costs) incurred by you in connection with the provision of the Surgical Consultation, Procedures, Additional Grafts, Initial and Aftercare Procedures and all other aspects of your procedure (“Your Treatments”) and the Doctors will accordingly maintain in force in relation to Your Treatments full and comprehensive policies of insurance in respect of the provision of Your Treatments.
11.3 The Company does not accept responsibility for the acts and/or omissions of the Doctors in relation to Your Treatments. The Company gives notice that all arrangements for Your Treatments are made upon the express condition that The Company shall not be liable for any injury, damage, loss, accident, delay, or irregularity, howsoever caused, which might occur due to the act, omission, fault or negligence of the Doctors in carrying out Your Treatments. To the extent permissible by law, the Doctors shall be liable to you for any errors, negligence or incorrect information that may be supplied in relation to the Doctors' acts and/or omissions.
11.4 The information provided to you about cosmetic surgery and related matters is believed to be correct, and has had the approval of the Doctors. However, the information does not constitute a representation by us and is not warranted by us, and you should raise all matters of importance or concern to you with the Doctorn at your Doctor consultation.
11.5 We do not undertake responsibility for, give any representation in relation to, or warrant in any way, the medical services provided to you by the Doctors. We do not accept any liability for
(i) any consequential loss howsoever caused; and
(ii) any liability on our part for financial loss will be limited to the full price of your package.
11.6 If you are dissatisfied with the results of your surgery, and contemplate either further surgery or legal proceedings against the Doctors, this is a matter between you and the Doctors. We will in principle, but without legal obligation, be willing to assist you with arrangement, liaison or co-ordination services, and it is not responsible for, makes no representation in relation to, and does not warrant, the result of any further surgery
12. FORCE MAJEURE
12.1 Neither us nor you will be liable for any failure to perform or delay in performance of any of its or your obligations pursuant to this contract caused by circumstances beyond the reasonable control of that party (a Force Majeure Event).
12.2 The party relying on the Force Majeure Event shall promptly notify the other in writing of its reasons for the delay or stoppage and its likely duration and shall take all reasonable steps to overcome the delay or stoppage. Subject thereto, the party’s obligation to perform will be suspended for the duration of the Force Majeure Event and its time for compliance extended by an equivalent period. Any costs arising from such a delay or stoppage shall be borne by the party incurring them. If the Force Majeure Event continues for more than 30 days consecutively, either party may terminate the contract with immediate effect on giving written notice to the other party and neither shall be liable to the other for such termination.
13. ENTIRE AGREEMENT
13.1 The provision set out in this Terms of Use shall constitute the complete and only agreement and understanding between the parties relevant to the subject matter of this agreement.
13.2 The parties each agree with the other that neither of them has been induced to enter into this agreement in reliance upon any warranty, representation, statement, agreement or undertaking of any nature whatsoever (whether negligently or innocently made) other than as are expressly set out in this contract. The only remedy available to the parties for breach of the terms of this contract shall be for breach of contract and each of the parties hereby unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have in relation hereto.
14. THIRD PARTY RIGHTS
14.1 It is not intended that any person apart from us and you will be entitled to rely upon or enforce any of the terms of this contract.
15. GENERIC COOKIE POLICY
Please read this cookie policy carefully before using https://www.hairtransplant.hk operated by Dr. Bertram.
15.1 What are cookies?
Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.
15.2 What types of cookies do we use?
15.2.1 Necessary cookies - Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.
15.2.2 Functionality cookies - Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.
15.2.3 Analytical cookies - These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.
16. DISPUTE RESOLUTION
16.1 If any claim or dispute arises under or in connection with this agreement, the parties will attempt to settle such claim or dispute by negotiation.
17. CONTACTING US
If you have any questions about this policy or our use of cookies, please contact us at [email protected]
