These Terms and Conditions applied from 29 June 2019 – 13 November 2023.
INTRODUCTION
The Terms and Conditions (“Terms”) describe how UpNow Health Limited, based in Hong Kong (“Company” or “we”) regulates your use of this website https://upnow.com or related mobile applications (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
PRIVACY POLICY
Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.
YOUR ACCOUNT
When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
The Company does not knowingly provide Services to children. The particular age of the children are defined differently in many countries, so any case involving a child will be reviewed individually.
SERVICES
The Site and Apps allow you to use our services and purchase audios and other content through the App Stores (hereinafter and hereinbefore the “Services”). You shall not use the services for illegal or inappropriate aims. The Services may not be abused and we provide some guidelines/answers in our FAQ section.
We may, at our sole discretion, set fees for using the Site/Apps or Services for you. All prices are published separately on relevant pages on the Apps or App Stores. We may, at our sole discretion, at any time change any fees.
We may modify or change any Services even after your purchase of particular Services. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by the Company or App Stores regarding future functionality or features.
We or App Stores may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
We or App Stores may have several options of the Services. You may purchase a paid subscription by paying a subscription fee in advance on a monthly, yearly or other basis or some other recurring interval disclosed to you prior to your purchase on the App Stores (hereinafter the “Paid Subscription”). We offer a limited 7-days subscription starting upon the first download any of the Apps which allows you to use only some Services (“Limited Subscription”). Upon the expiration of the Limited Subscription, your access to the Services shall be suspended until you purchase the Paid Subscription.
Your Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current Paid Subscription period. The cancellation will take effect the day after the last day of the current subscription period. We shall not refund any subscription fees already paid to us, except cases when the refund rights apply in accordance with applicable law.
Some of the countries may have stricter laws which may contradict the Terms. In case of any contradiction and if you are a consumer as described by your national consumer protection laws, your national consumer protection laws shall prevail with minimal guarantees unless the applicable law prohibits such limitation.
THIRD PARTY SERVICES
The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting the Company the right to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name and location in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
You shall understand and agree that the Site and any other information you learn from us are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services or Site are suitable for everyone. Do not use the Services and Site while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services and Site.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree that any claim you may have against us, including our past and present employees and agents, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against us.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company reserves the right to assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.
TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
Upon any termination, discontinuation or cancellation of services or your account, all provisions of the Terms which by their nature shall survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
MISCELLANEOUS
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
We reserve the right to suspend or discontinue providing our Services or cease the functionality of the Site in case of the insolvency of the Company.
Our failure to enforce any right or provision of the Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
COMPLAINTS
We are committed to resolve any complaints. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at feedback@upnow.com. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
CONTACT INFORMATION
We welcome your comments or questions about this Terms. You may contact us in writing at feedback@upnow.com