Terms & Conditions of Services
This mobile application is developed and a property of App Media Group Limited (the “Company”). The Company thru a mobile application (the “Application”) provides an online platform for through which users (as defined below) can browse different types of spa treatment or services available, including but not limited to spa providers, hotels, and to make reservations with such spa providers, as well as providing discussion forums and online platforms for Users to post and forward their comments related to their spa experience (the “Services”). By requesting a reservation through the Application, the User makes an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Application, which shall become a binding contract when payment been accepted by the Company. The Company reserves the right to reject and/or cancel any spa treatment reservations as set out in these Terms and Conditions.
The Services provided through the Application shall only be available to users, registered, uploading, posting, viewing, forwarding and/or otherwise using the advertisements, promotional materials, views, comments and/or other information on the Application (collectively referred to as the “User” or “Users”). Users refer to all individuals and/or entities accessing and/or using the Application or the Services anytime and anywhere for any reason or purpose. The Company grants the Users a limited, restricted, personal, non-transferable, non-sublicenseable, revocable license to access the Application only as expressly permitted in these Terms and Conditions.
Use of the Application is solely at the Company’s discretion and the Company reserves the right to prohibit anyone from accessing, browsing, supplying information or material to or downloading information or material from the Application. The Users did not grant any rights in or to the Application, any Services or any information, other than the limited right to use the Application, the Services or the information according to the Terms and Conditions herein and the policies and procedures that the Company may adopt and makes available in the Application. The Company may terminate the Users’ access to the Application or the Services or deactivate the User’s account at any time without any prior notification to the User and without prejudice to all the Company’s other rights and remedies.
The Company reserves the right, at its sole discretion, to modify, suspend or terminate the Services or the Application and/or any portion thereof, at any time for any reason without notice to the User.
INFORMATION IN THE APPLICATION
When rendering the Services, the information which the Company discloses in the Application is based on information provided by the Company’s suppliers or providers (including but not limited to Spa providers, hotels, their representatives, distributors, partners, etc.). Changes in market conditions or circumstances may occur on short notice which may make information displayed in the Application inaccurate or outdated. As such, the Company cannot guarantee all information provided in the Application is accurate, complete, correct or up to date, nor will the Company be held responsible for any errors (including manifest and typographical errors).
Some information posted in the Application are comments posted by the Users and should not be regarded as a recommendation or endorsement of (the quality or service level) any Spa providers listed on the Application by the Company. The Company expressly disclaim any representation, warranty or undertaking in relation to the quality, statue and adequacy of any Spa providers listed.
LINKS TO THIRD PARTY SITES
The Application may contain links to other websites (the “Linked Sites“). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including but without any limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only for your convenience. The inclusion of any link does not imply endorsement by the Company or any association with its operators.
CANCELLATION OF RESERVATIONS
Once reservations made by the Users are accepted by the Company, the Users shall not cancel the reservation and all payments made by the Users are non-refundable.
The Company reserves the right not to accept the Users’ bookings or reservations at the Company’s discretion and for whatever reasons without any justification. In exceptional cases, the Company also reserves the right, at its sole discretion, to cancel any confirmed reservations without any reasons. In the event where a reservation, whether confirmed or not, is being cancelled by the Company, and where a payment has already been made, the Company may refund the total amount charged within [30 working days] at its sole discretion.
NO UNLAWFUL OR PROHIBITED USE
The Application may contain bulletin board services, chat areas, forums, communities and/or other message or communication facilities designed to enable the Users to communicate with the public at large or with a group. The Users agree to use the Application only to post, send and receive messages and material that are proper and related to the particulars of the Services. As a condition of the Users’ use of the Application, the Users warrant to the Company that the Users will not use the Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Users shall not:-
(a) use the Application or the Services in any manner, which could damage, disable, overburden, or impair the Application or the Company or interfere with any other party’s use and enjoyment of the Application;
(b) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application;
(c) delete or revise any material or information posted by any other Users in the Application;
(d) use the Application (1) for uploading, posting, publishing, transmitting, distributing, circulating or storing material in violation of any applicable laws or regulations; or (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (3) in any manner that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful or is otherwise offensive or objectionable. All unsolicited communications of any type to Users are strictly prohibited;
(e) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(f) upload or post any advertisement or materials on the Application which contains any false, inaccurate, misleading or libelous content or contains any computer viruses, trojan horses, worms, computed files or other materials that may interrupt, damage or limit the functionality of any computer software or hardware or telecommunication equipment. Also, the advertisement shall not be fraudulent or involve sale of illegal products;
(g) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(h) engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited;
(i) conduct or forward surveys, contests, pyramid schemes or chain letters;
(j) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the Users own or control the rights thereto or have received all necessary consents;
(k) download any file posted by another User of the Application that the Users know, or reasonably should know, cannot be legally distributed in such manner;
(l) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(m) Restrict or inhibit any other User from using and enjoying the Application;
(n) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(o) violate any applicable laws or regulations;
(p) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from the Service or the Application;
(q) make any speculative, false or fraudulent booking.
The Company has no obligation to monitor information or materials posted by the Users in the Application. However, the Company reserves the right to review materials posted to the Application and to edit, share, reject, disapprove, erase or remove any materials in its sole discretion and shall not be liable to provide any compensation to the Users. The Company reserves the right to terminate the Users’ access to any or all of the Services or the Application at any time without notice for any reason whatsoever.
The Company reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
The Users should be cautious when giving out any personally identifying information about themselves in the Application. The Company does not control or endorse the content, messages or information found in the Application and, therefore, the Company specifically disclaims any liability with regard to the Services and/or any actions resulting from the Users’ participation in the Application. Managers and hosts are not authorized spokespersons of the Company, and their views do not necessarily reflect those of the Company.
Materials uploaded to the Application may be subject to posted limitations on usage, reproduction and/or dissemination. The Users confirms they are consenting to the materials or information being shared whenever the Users use the Application or Services to upload, post and share the materials or information. The Users are responsible for adhering to such limitations if the Users download the materials. In the event a User uploads or posts materials or information on the Application and subsequently deletes and/or removes the same or the Users terminates his/her/its accounts or the Company deletes any and/or removes such uploaded or posted materials or information, such materials or information will no longer be accessible by the User who uploaded or posted the same via that User’s account; however, such deleted materials or information may still persist and appear on any part of the Application, and/or be used in any form by the Company.
The Users shall use the Application and the Services at their own option and risk and at their own accord. The Users will hold the Company harmless for any activities related to their use of the Application or the Services.
The Company shall not be responsible or held liable in any way if any Users are in breach of the Terms and Conditions or use the other Users’ personal data, information or materials for any purpose. All Users accept that all personal data, information or materials provided by them publicly on the Application are voluntarily provided and are given entirely at their own risk. The Company shall not bear the responsibility of protecting the personal data, information or materials so provided publicly therein.
CREDIT CARD PAYMENTS
The Users credit card will be charged by the Company for all bookings made by the Users thru the Application upon reservation of the booking. In order to make a booking, the User must be over 18 years old and have the full legal capacity to make the transaction. The User undertakes that the credit card the User using in the Application is the User’s own or that the User is authorized to complete the booking with the said credit card and that there are sufficient funds to cover the costs of the transaction. The User shall accept any financial responsibility for all transactions made under the User name or account. The User further undertakes that the details provided to the Company with in making a booking are fully correct. The Company reserves the right not to accept certain credit cards and the Company may add or remove other payment methods at its discretion.
The Company has stringent fraud detection and prevention mechanisms in place. The Company may requests additional information or verifications to validate and confirm the bookings. Reservations are not confirmed until the User receives a confirmation mail with a voucher and it is possible that the Spa provider could become unavailable during the fraud check, in which case the reservation will no longer be available. The Company shall never be held liable in such cases. In the event the User does not wish to submit any additional information as requested by the Company when making the booking or the Company is not satisfied with the information provided, the booking will not be completed and any amounts paid shall be refunded to the User.
INTELLECTUAL PROPERTY RIGHTS
All contents of the Application, including but not limited to the text, photos, information, layout, graphics, pictures, sounds or audio formats, software, trade marks are the intellectual properties of the Company or the Users (as the case may be) and are protected by applicable copyright, trade mark or related intellectual property laws.
The Company does not in any way (directly or indirectly) own, manage, operate or control the Spa providers or any spa treatment services. The Spa providers are fully liable and responsible for providing the spa treatment(s) and welcome individuals, the Users, who have booked through the Application as their guests.
The Users hereby agree to indemnify and hold harmless the Company from and against any liability, damage or loss including legal fees and expenses that the Company incurs or suffers as a result of any action, inaction or omission by the User. If the User uses the Application or Services for or on behalf of a third party, the User shall be responsible for any error in the accuracy of information provided in connection with such use. In addition, the User shall inform the third party all applicable Terms and Conditions. The User suing the Application or Services for or on behalf of a third party agrees to indemnify and hold the Company harmless from and against any and all liabilities, losses, damages, suits and claims, including but not limited to costs of defense, relating to the third party’s use or the User’s failure to fulfill any the obligations set out in these Terms and Conditions.
In the event that the spa providers are unable to provide the treatment which the User reserved through the Application due to the occurrence of circumstances beyond the reasonable control of the spa providers or the Company affected, including but not limited to typhoon, “black” rainstorm when the “black rain” sign is hoisted by the Hong Kong Observatory, acts of God, fire, explosion, flood, war, government direction or strikes seriously affecting the spa provider’s business, the User shall inform the Company in writing on the same day of the reserved treatment day and the Company will arrange refund of any payments made within 14 working days after receiving the written notice.
Unless expressly specify in these Terms and Conditions, all payments made through the Application by the User are non-refundable.
In the event of any part of the Terms and Conditions being or becoming void or unenforceable or being illegal, then that part shall be severed from the Terms and Conditions to the extent that all parts that shall not be or become void or unenforceable or illegal shall remain in full force and effect and be unaffected by such severance.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong and the parties hereto submit to the non-exclusive jurisdiction of the Hong Kong Courts in the determination of any dispute arising hereunder.
Any dispute, controversy, difference or claim arising out of or relating to this Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.