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 (operating under the brand name "YDCare", hereinafter referred to as "YDCare"), 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 YDCare, you agree to be bound by these Terms of Service and all related terms, policies and conditions published on the YDCare Platform (https://www.ydcarehk.com).

1. Making Booking Requests

YDCare provides the YDCare Platform through which Client can review the range of care services provided by YDCare. However, to obtain information about on-site caregivers and care plans, this must be acquired through a case manager.
When a client makes a booking request (as hereinafter defined) for the first time, YDCare will conduct a preliminary care assessment to determine whether it can provide assistance.
If assistance can be provided, YDCare will recommend the most suitable Care Elite from its database and provide a care plan, which will specify the rank of the Care Elite providing on-site service, the service address, frequency, and duration.

2. General Online Inquiry or Other Referral Cases

For general online inquiries or other referral cases, a case manager will conduct a telephone communication to understand the client's situation. The client is then required to pay a deposit (non-refundable; offsets fees upon successful deal) to allow a nurse to conduct a detailed assessment.
Upon completion of the assessment, the nurse will prepare a detailed care plan and the associated costs. Once the client agrees to the execution content, fees will be charged based on the agreed items and time slots.
Upon successful payment, a caregiver will be dispatched for in-home care.

3. CCSV (Social Welfare Referral and Commercial Cooperation Cases)

For CCSV cases (social welfare referrals and commercial cooperation), a case manager will conduct a telephone communication to understand the client's situation. The client is then required to pay a deposit to allow a nurse to conduct a detailed assessment.
Upon completion of the assessment, the nurse will prepare a detailed care plan and the associated costs. Once the client agrees to the execution content, a caregiver will be dispatched for in-home care, and the client may also pre-pay for the known service hours of the month.

4. Acceptance of the Booking Request with you ("Booked Service"), you will be subject to the Appointment and Cancellation Policy for Clients, as described herein below.

5. Use of Information Collected

Client hereby expressly acknowledges and agrees that, by getting access to the YDCare Platform and/or using the services of YDCare, Client also agree to be bound by the Terms of Use and Privacy Policy as published on the YDCare Platform, which are incorporated herein by reference and which you acknowledge that you have reviewed and accepted.

6. Obligations of YDCare and the Care Elite

You understand and acknowledge that the Care Elite is engaged by YDCare as an independent contractor and is not an employee of YDCare.
The Care Elite is not an agent or partner (through a joint-venture or otherwise) of YDCare and is not authorized to make any representation, contract or commitment on behalf of YDCare.
YDCare 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 YDCare Platform.
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.
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 YDCare of the Client's Dispute within seven (7) working days following the completion of the Booked Services (the "Dispute Period").
YDCare 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 YDCare to investigate into Client's Dispute.
Subject to the discretion of YDCare, YDCare will request the Care Elite to arrange, via YDCare, 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.
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.

7. Obligations of the Client

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 YDCare of any loss or damage caused by the Care Elite as soon as practicable, but in any event, within the Dispute Period; and
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.

8. Payment of Booked Service Fees

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 YDCare and the Client.
YDCare shall invoice Client in the last week of each month for all Booked Services (whether completed or scheduled for that month). The Client shall settle each invoice in full no later than the last day of the current calendar month.
If Client fails to pay any Booked Service Fees which have become due, YDCare shall have the right not to process your Booking Request(s) and the right to cancel any Booked Service(s) made by you.
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.

9. Appointment and Cancellation Policy

1. Cancellation & Rescheduling

Timeframe	Cancellation Fee	Rescheduling Fee
Less than 24 hours' notice	30% of service fee	50% of service fee
24 - 72 hours' notice	20% of service fee	30% of service fee
More than 72 hours' notice	No charge	No charge

*Waiver: Fees may be waived for hospitalizations or bereavement (proof required).

2. Late Arrival

If access is not granted within 15 minutes, the appointment will be treated as a rescheduling case.

3. Remote Location Surcharge

Zone	Additional Fee	Criteria
T1 (Core MTR)	HK$0	≤15 min walk to MTR or connected via footbridge/mall
T2 (Suburban/Rural)	HK$150	>15 min walk or requires transport
T3 (Outlying Islands/Remote)	HK$300	Requires ferry (≥30 min trip) or restricted access

4. Severe Weather Policy (Typhoon 8+/Black Rainstorm)

Timeframe	Additional Charges	Rescheduling Option
Within 2 hours before/after service start	Actual taxi fare reimbursed (to nearest MTR station if operational; otherwise to any location)	Free rescheduling if requested ≥1 hour before service. If the service is cancelled directly, it will be charged under the cancellation policy. If no request for rescheduling is received, it will be charged under the additional charging policy.
During active service	Additional 100% service fee applies during Typhoon 8+/Black Rainstorm), calculated per 30-minute interval

10. Confidentiality

Save as other required by law, governmental authority or order of a court of competent jurisdiction, YDCare shall, and shall also procure the Care Elite to keep in strict confidence all confidential information which has been disclosed by you.
You also agree to keep in strict confidence all information of a confidential nature which has been disclosed to you by YDCare or Care Elite.
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.
This Section shall survive termination of these Terms of Service.

11. Governing Law and Jurisdiction

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.

12. Modification

Client hereby expressly acknowledges and agrees that, by getting access to the YDCare Platform and using the services of YDCare, 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").
These Terms of Service and the Incorporated Terms may be revised at any time by YDCare without any notice to you. They will take effect immediately when they are posted on the YDCare 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 YDCare Platform and/or use of the services of YDCare after such modifications shall be deemed to constitute your conclusive acceptance of the modified Terms of Service and the Incorporated Terms.

13. General

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.
Any notices to be given to YDCare shall be served personally, by fax, by post or by email.
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.
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.
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).
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.
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.
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.
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.