條款及細則
條款及細則
Terms and Conditions for Suppliers
- General Commitments
By registering as a supplier on MDD Platform (MDD) at www.mddhk.com, you agree to comply with and be bound by the following terms and conditions (the “Terms”).
- Registration and Approval
2.1 Eligibility: Only businesses legally authorized to sell medical supplies may register as suppliers.
2.2 Application: Complete the supplier application form and submit all required documentation.
2.3 Approval: MDD reserves the right to approve or reject any supplier application at its sole discretion.
- Supplier Obligations
3.1. Compliance on Product Information Accuracy:
3.1.1 Suppliers must comply with all applicable laws and regulations in Hong Kong.
3.1.2 Suppliers guarantee their responsibilities for ensuring that all product information submitted to the MDD is accurate, complete, and up-to-date. It is the supplier’s responsibility to keep the product information updated. Suppliers shall promptly notify the MDD of any changes to product information or circumstances that may impact accuracy. Any false or misleading information may result in suspension or termination of the supplier’s account.
3.1.3 Any financial loss or dispute arising from incorrect or misleading information provided by suppliers shall be borne by the supplier.
3.1.4 Suppliers agree to indemnify and hold the MDD platform harmless from any claims, losses, damages, or liabilities resulting from inaccurate product information, breach of warranties or representations, and non-compliance with applicable laws, regulations, or industry standards. This indemnity includes legal costs incurred by the MDD platform in defending against such claims.
3.2 Quality Assurance:
3.2.1 All products must meet the quality standards and specifications provided at the time of listing the product on MDD platform. Suppliers are responsible for the quality and safety of their products. The supplier must ensure that warranty and replacement policies are clearly stated for each of their products. While some products may not have a warranty, suppliers are required to ensure safe packaging and handling according to medical standards.
Medical Device Suppliers
3.2.2 By accessing and utilizing MDD platform, medical device suppliers hereby agree to strictly comply with all applicable safety and quality standards, as well as all relevant regulations set forth by the Medical Device Administrative Control System (MDACS). Suppliers further covenant and agree to register any and all Class II or higher medical devices with the Medical Device Division of the Department of Health under the MDACS regulatory framework.
3.2.3 Suppliers shall be required to submit an electronic copy of the valid registration certificate(s) by uploading it to at the designated registration interface on MDD platform, along with any and all other necessary pertinent quality assurance documentation at any time requested by MDD. This shall include, but not be limited to, presently compliant Good Manufacturing Practice (GMP) certifications and ISO quality management system certificates, which must cover the legal manufacturer as well as all manufacturing sites associated with the medical devices to be listed on MDD platform.
Health Food Suppliers
3.2.4 Suppliers guarantee that they must comply with the requirements set forth in the Food Safety Ordinance (Cap. 612) of the Laws of Hong Kong. Suppliers represent and warrant that all products listed have been manufactured, packaged, and labelled in strict adherence to the safety, hygiene, and disclosure standards mandated under the Food Safety Ordinance.
3.2.5 Suppliers shall maintain valid licensing, permits, and certifications from the Centre for Food Safety as required for the import, distribution, and sale of such food and health supplement items within Hong Kong. Suppliers must submit to MDD e-copies of all relevant regulatory documents upon request to demonstrate ongoing compliance with the Food Safety Ordinance and related codes of practice. Failure to abide by these obligations may result in suspension or termination of the supplier’s access to the platform.
- Pricing and Payment
4.1 Pricing: Suppliers are responsible for setting their own prices. Our Platform does not dictate or control pricing.
4.2 Fees: Suppliers agree to pay any applicable fees, including but not limited to listing fees, transaction fees, and subscription fees, as specified in the supplier agreement.
4.3 Payment Terms: Payments to suppliers will be processed according to the payment schedule outlined in the supplier agreement. MDD will deduct any applicable fees before remitting payments to suppliers.
5 Order Fulfilment and Shipping
5.1 Order Processing: Suppliers must process and fulfil orders promptly. Failure to fulfil orders in a timely manner may result in penalties or suspension. MDD’s penalty rates range from HKD 50 to a maximum of HKD 300, and will be imposed if the owner fails to have the product ready for collection by the delivery service at the scheduled time. The penalty will be at least 1% of the total price of the goods or a maximum of HKD 300, whichever is lower.
5.2 Delivery: Suppliers shall ensure the product is ready for collection by the logistics company or delivery service at the scheduled time, must print the Way Bill from MDD online system, securely attach it to the package, and ensure the following information is clearly visible: sender’s name, address, and contact number; recipient’s name, address, and contact number; product description, quantity, weight, and dimensions; tracking number or barcode; order or invoice numbers; special handling instructions; date and time of dispatch and expected delivery date; and recipient’s signature field. Shipping costs may be borne by the supplier or the customer, as specified at the time of purchase.
5.3 Availability of Products: Suppliers shall ensure product(s) displayed at our Platform are in stock. If from time to time any products become out of stock, the supplier shall offer alternative product(s) of similar (or greater) value and style or to make any necessary arrangement at their own decision subject to our confirmation.
5.6 Title of Products: Title to the product shall remain vested in the supplier until full payment of the price is received, and title and risk shall pass to the customer upon collection of the product(s) by the delivery team or by the customer.
5.7 Returns and Refunds: Suppliers must honour their return and refund policies as stated in their product listings. MDD may intervene in disputes at its discretion.
- Restrictions on Direct Customer Interactions
6.1 Suppliers hereby acknowledge and agree that they are strictly prohibited from initiating any direct contact with customers including responding to inquiries, soliciting sales, or otherwise interfering with the platform’s customer relationships.
6.2 Suppliers shall refrain from circumventing the platform’s role as the intermediary between suppliers and customers. Violation of this restriction may result in the suspension or termination of the supplier’s account and access to the platform without notice.
- Intellectual Property
7.1 Ownership: Suppliers retain ownership of their intellectual property, including trademarks, trade names, and product designs. Regarding all photos and images of the products displayed on our eStore, the intellectual property rights of all photos and images of the products displayed on our eStore are owned by the suppliers. For any claims against the intellectual property rights of all photos and images of the products displayed on our eStore arising out from any faults or breach of any laws regulations IP compliance by the supplier, MDD shall claim against the suppler for such loss damages with costs.
7.2 License: By listing products on the Platform, suppliers grant MDD a non-exclusive, royalty-free license to use their intellectual property for the purpose of promoting and selling products on the Platform.
7.3 Copyright Notice: ©MDD is a wholly owned subsidiary of Victorious Consultants Ltd. All rights reserved. This platform and its content are protected by copyright and other intellectual property laws. Any unauthorized use, reproduction, or distribution of this material on MDD online platform is prohibited.
- Confidentiality
8.1 Suppliers agree to keep confidential all non-public information disclosed by MDD, including but not limited to business strategies, marketing plans, and customer data.
- Termination
9.1 Termination by Supplier: Suppliers may terminate their account at any time by providing written notice to MDD at [email protected], and the subscription fee which has been paid to MDD will not be refunded.
9.2 Termination by Platform: MDD reserves the right to terminate a supplier’s account for any breach of these Terms or any other reason, with or without notice.
9.3 Termination by either side: Supplier remains bound by the terms as stipulated under paragraph 6 for a period of 12 months from date of termination. (we need to check if this is considered as restrictive business practise)
- Liability and Indemnification
10.1 Liability: MDD is not liable for any damages arising from the use of the Platform or the sale of products by suppliers.
10.2 Limitation of Liability: The MDD platform’s liability, whether in contract, tort, or otherwise, shall not exceed the fees paid by the supplier for platform services. The MDD platform is not liable for indirect, consequential, or punitive damages.
10.3 Indemnification: Suppliers hereby agree to indemnify and hold the MDD platform harmless from any and all claims, losses, damages, or liabilities resulting from the provision of inaccurate product information, breach of the foregoing warranties or representations, or non-compliance with applicable laws, regulations, or industry standards in Hong Kong and agreed in this Terms. This indemnity shall extend to cover any and all legal costs and expenses incurred by the MDD platform in defending against such claims
- Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of Hong Kong. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the Hong Kong courts
- Amendments
MDD reserves the right to amend these Terms at any time. Suppliers will be notified of any changes and continued use of the Platform constitutes acceptance of the revised Terms.
