User Terms & Conditions : Charmfidence

Charmfidence User Terms of Service

 

Please read these User Terms of Service (“Terms”) carefully. These Terms are between you (“you” or “your”) and Charmfidence Limited (“Charmfidence,” “we” or “our”). The use of “you” or “your” in these Terms may refer to Charmfidence users, medical service provider accessing the App (as defined below) as a consumer, or anyone accessing the App (as defined below). These Terms govern your use of the mobile application and website, www.charmfidence.com, and the services and information available on the mobile application and website (collectively, “App”) whether you access the App through your computer, mobile device, tablet or any Charmfidence app.

You accept and agree to be bound by these Terms, the Charmfidence Privacy Policy, and any other policies in place when you access or use the App or by clicking the “Submit” button when you register for an account with Charmfidence. If you do not agree to abide by or be bound by these Terms or any of the other policies of Charmfidence, then do not register for an account, access or use the App.

1. Modification

Charmfidence reserves the right to make changes to the App, these Terms and other policies. If Charmfidence makes material changes to these Terms or other policies, then Charmfidence will either notify you by email or by posting a notice on the App prior to the effective date of the changes. Charmfidence will also indicate at the bottom of this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of April 19, 2019 and replaces all previous versions of the Charmfidence Terms of Service. If any section or portion of these Terms shall be deemed invalid, void or for any reason unenforceable, then that section of the Terms shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the App after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms, you may not use or access the App.

2. No Medical Advice

The content (which includes any text, graphics, images or other material contained, accessed or entered on the App by you or a medical service provider (“Content”) is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified medical service provider. Any communication between you and medical service providers on the App (including any responses by medical service providers to questions posted on the App or through any feature available on the App) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by Hong Kong law. Your reliance on any information (including any links to third party websites containing any information about medical service providers) or Content provided on the App, whether or not it is provided by a medical service provider, is solely at your own risk. You should always seek the advice of your medical service provider for any questions you may have about your own medical condition.

3. How and When You May Use the App

You may use the App only to search for information, post reviews of your personal experience (including photos and videos), to communicate with users about beauty and treatments, to post questions and request for quotations on the App. You may not use the App to advertise or promote a product, service, procedure, business, medical service provider or another person.

You may not use the App:

  • If you are under 18.
  • In any way or for any purpose that is against any other applicable laws.
  • In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “Charmfidence Parties”), or any customer of a Charmfidence Party;
  • To exploit, solicit or harm minors;
  • To copy any Content from the App, including, but not limited to, photographs, and post those photographs or other Content on another third-party website.
  • To post or submit any Content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
  • To promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
  • To post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information about you or any other person on the App;
  • To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
  • To register for multiple accounts or use the account of another person without their authorization;
  • To impersonate or pretend to be any person other than yourself, including to impersonate or pretend to be a medical service provider;
  • To attempt to solicit business or direct website visitors to a non-Charmfidence App for commercial purposes or spamming any Charmfidence medical service providers, community members or other users;
  • You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the App;
  • To post links to Apps or files that contain or are viruses, spyware, malware, or other harmful content;
  • To attempt to interfere with or disrupt the App or any person’s ability to use the App;
  • To create and upload reviews or comments in exchange for monetary compensation or other incentive; or
  • For any purpose for which the App is not intended.

4. Your Account

In order to use the App, you are required to register and provide information about yourself to create an account. It is your responsibility to maintain the confidentiality of your account information, including your account password. In addition, you are responsible for all activities that occur in connection with your account. You must tell us immediately about anyone using your account without your consent, or any security breach that relates to your account. You agree to provide Charmfidence with accurate, current and complete information about yourself as may be prompted in any registration forms on the App and promptly update any such information to keep it accurate, current and complete. Charmfidence reserves the right to refuse to provide services to anyone, including terminating your account and/or preventing you from accessing the App, with or without cause, at any time and in its sole discretion.

5. Materials You Post or Provide; Communications Monitoring

You may be able to post or submit reviews, comments, questions, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the App (collectively, “Submission” or “Submissions”). Your Submissions, (including to the extent applicable personally identifiable information), are made voluntarily and are subject to the Charmfidence Privacy Policy. You understand Charmfidence is not required to treat any of your Submissions as confidential. In addition, you understand and agree that your Submissions (including your username associated with your Submissions) are not confidential and are publicly available for anyone to view on the App.

Charmfidence does not claim ownership of the Submission(s) you post or submit on the App. With the exception of any information you directly submit through a medical service provider’s profile or inquiry form, by posting or otherwise providing your Submission on the App, you are hereby expressly granting Charmfidence a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the App and the Charmfidence business, including without limitation promoting and redistributing part or all of the App or the Charmfidence business, in any media formats and through any media channels now known or hereafter developed. You also grant Charmfidence permission to publish and use your name, likeness and voice in connection with your Submission. In addition, by uploading a Submission to the App, you hereby waive any rights of privacy or publicity. You also grant Charmfidence the right to grant any of the above rights to other persons or entities, including for the purpose of promoting the App or the Charmfidence business, without any compensation or obligation to you. 

Charmfidence will not pay you for your Submission. You also understand and agree that Charmfidence may, in its sole discretion, refuse, or remove part or all of your Submission from the App at any time if Charmfidence considers the Submission to be illegal, offensive, harassing, infringing, inappropriate or otherwise violates these Terms or the other policies. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your Submission. Further, you represent and warrant that your Submission does not violate any law.

Charmfidence reserves the right to review and monitor Submissions but is under no obligation to do so. In addition, Charmfidence is not responsible for screening, monitoring or editing Submissions. However, we may monitor your Submissions and may disclose information about you, including the contents of such Submission, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other Charmfidence guidelines or policies; or (3) protect the rights, property, or interests of Charmfidence, its employees, its users, or the public.

You may also request information directly from a specific medical service provider by submitting an inquiry through their profile or inquiry form. You understand these requests, including personally identifiable information, are made voluntarily and are subject to the Charmfidence Privacy Policy. There is no guarantee that a medical service provider will respond to any request submitted through their profile or inquiry form. In addition, by submitting a request to a medical service provider through the App, you understand that Charmfidence may contact you by phone, email or text message about your request. All standard message and data charges will apply to any text messages.

6. Reviews or Content Posted by Others

Charmfidence does not have any responsibility, including editorial control, of any content posted by other Charmfidence users, medical service providers or other third party content providers on the App. The statements or content posted by Charmfidence users, medical service providers or other third party content providers on the App are those of the users, medical service providers or other third party content providers and are not the opinion of Charmfidence. Charmfidence does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information, directory posted by the Charmfidence users, medical service providers or other third party content providers on the App. The Charmfidence users, medical service providers and other third party content providers are solely responsible for the content posted by them respectively.

Charmfidence does not endorse or recommend any specific content, procedures, products, opinions, medical service providers or any other material or information available on the App. In addition, the medical service providers featured on the App are not employees or independent contractors of Charmfidence and Charmfidence does not make any warranties about the qualifications of the medical service providers or the costs of the procedures or products featured on the App.

There may be medical related or health related materials posted by Charmfidence users, medical service providers or other third parties that contains nudity. If you find these materials to be offensive, then you may want to use the App in such a way as to limit your viewing of this material.

7.Copyright Policy

If you believe that your Submission or any other work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Charmfidence Limited via email. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the App; (2) identify the material on the App that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the App is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Charmfidence to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.

Upon receipt of notice as described above, Charmfidence will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the App.

8. Photograph/Video Policy

Medical service providers must have consent from individuals and comply with all applicable laws as well as the Terms and Privacy Policy before uploading, submitting or posting any photographs or videos of individuals on the App. If a medical service provider or other third-party has submitted, uploaded or posted a photograph or video of you on the App and you want that photograph or video removed from the App, please contact Charmfidence at [email protected] Please provide the following information about the photograph or video in order for Charmfidence to be able to identify the photograph: (1) identify the photograph and provide Charmfidence with enough detail about the photograph so Charmfidence can locate it on the App; (2) provide a statement that you have a good faith belief that the photograph is of you and was either not authorized to be uploaded, posted or submitted to Charmfidence or your medical service provider had permission to upload, post or submit the photograph but you no longer want the photograph displayed on the Charmfidence App; (3) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the person in the photograph or that you are authorized to act on behalf of the person in the photograph; (4) provide information reasonably sufficient to permit Charmfidence to contact you, such as an address, telephone number, and email address and (5) your physical or electronic signature.

9. Links to Other Websites; Third Party Promotions

The App may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the App through a Third Party Website. Third Party Websites are not under the control of Charmfidence and Charmfidence does not endorse or assume any responsibility for the content, information or functionality of any Third Party Websites. As a result, your access or use of any Third Party Websites is at your own risk and these Terms and Privacy Policy and any other policies do not apply or govern any Third Party Websites. You expressly relieve Charmfidence of any and all liability related to the functionality, content or information contained on any Third Party Websites. In addition, your dealings with or participation in promotions of third parties (including medical service providers) found on the App, including payment and delivery of goods or services or any other terms (such as warranties) are solely between you and the third parties. You agree that Charmfidence shall not be responsible to you for any loss or damage of any kind relating to your dealings with such third parties.

10. Charmfidence Intellectual Property Rights

Charmfidence grants you a limited, personal, revocable, non-assignable and non-exclusive license to use the App. Charmfidence owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the App (“Charmfidence Content”), excluding your Submissions. Charmfidence owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Charmfidence Content and the App which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display or create derivative works based on any of the Charmfidence Content in whole or in part, or the App except as expressly authorized in writing by Charmfidence. In addition, Charmfidence does not grant any express or implied rights in and to the App or Charmfidence Content, and all rights in and to the App and the Charmfidence Content, are retained by Charmfidence.

11. CHARMFIDENCE DISCLAIMS ALL WARRANTIES

CHARMFIDENCE PROVIDES THE APP, THE CHARMFIDENCE CONTENT AND ALL INFORMATION, MATERIALS AND OTHER CONTENT AVAILABLE ON THE APP ON AN “AS IS” AND ” AS AVAILABLE” BASIS “WITH ALL FAULTS.” CHARMFIDENCE DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) AS WELL AS ANY GUARANTEES OR CONDITIONS RELATED TO THE APP. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, CHARMFIDENCE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. CHARMFIDENCE DOES NOT REPRESENT OR WARRANT THAT THE APP OR ANY ELECTRONIC COMMUNICATION FROM CHARMFIDENCE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. IN ADDITION, CHARMFIDENCE EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH MEDICAL SERVICE PROVIDERS OR OTHER THIRD PARTIES AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. FURTHER, CHARMFIDENCE DOES NOT REPRESENT OR WARRANT THAT THE APP OR THE CONTENT AVAILABLE ON THE APP WILL ASSIST YOU IN FINDING A SUITABLE MEDICAL SERVICE PROVIDER OR FOR ANY OTHER PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK. WHILE CHARMFIDENCE TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE CHARMFIDENCE APP, CHARMFIDENCE DOES NOT GUARANTEE THAT THE CHARMFIDENCE APP CANNOT BE COMPROMISED.

12. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHARMFIDENCE OR THE CHARMFIDENCE PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOSS PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) ARISING OUT OF OR RELATING TO THE USE OF THE APP EVEN IF CHARMFIDENCE OR ANY OF THE CHARMFIDENCE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL CHARMFIDENCE BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER OR COMMUNITY MEMBER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT MEDICAL SERVICE PROVIDERS OR PROCEDURES POSTED ON THE APP. CHARMFIDENCE SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NON-PERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND ITS REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSION OF THIRD PARTIES, INTERNET SERVICE PROVIDER FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.

NOTWITHSTANDING ANYTHING IN THESE TERMS, THE AGGREGATE LIABILITY OF THE CHARMFIDENCE PARTIES TO YOU IN CONNECTION WITH THE APP (INCLUDING ANY THIRD PARTY CONTENT ON THE APP) AND THESE TERMS WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO CHARMFIDENCE FOR USE OF THE APP IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF CHARMFIDENCE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Changes to the App; Updates; Suspension of Your Use of the App; Service Account Closure

We may change the App or delete features of the App at any time and for any reason without notice in our sole discretion. We are not obligated to provide maintenance, technical support or updates to you for the App, but we may provide these in our discretion. We may terminate or suspend your use of the App at any time in our discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the App and close your Service Account at any time, with or without cause, upon notice to us as specified in the customer support or “contact us” area. Upon termination, your right to use the App ceases immediately. Once your use of the App is terminated or suspended, any data you have stored on the App may not be retrieved later. In addition, even if you stop using the App or your account is suspended by Charmfidence, Charmfidence may continue to show some or all of your Submissions.

14. Jurisdiction

Charmfidence controls and operates the application from its offices in Hong Kong and Charmfidence does not represent that the Application, the Content, the Charmfidence Content or the Submissions by either medical service providers or users, are appropriate, available or may be downloaded for use outside Hong Kong. If you are located outside Hong Kong and you use the Application and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable.

15. Indemnification

You agree to indemnify and hold harmless Charmfidence and the Charmfidence Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your Submissions or any other Content you post or submit to or through the application; (b) your use of the application; (c) your conduct in connection with the application or with other users of the application, and; (d) any violation of these Terms, any other Charmfidence policy or of any law or the rights of any third party.

16. Your Notices to Us

You may contact us by e-mail. Your notices to us must be addressed as stated in the [email protected] or “Contact Us” area for the App.

17. Our Notices to You; Consent Regarding Electronic Information

This contract is in electronic form. There may be other information regarding the App that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may terminate your ability to use the App. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the App (or subsequently provided when updating your account information), (2) by access to a Charmfidence website that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a Charmfidence website that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the App, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the App immediately.

18. Charmfidence App

If you are accessing Charmfidence from a mobile device using any Charmfidence Mobile Application (collectively, the “Charmfidence App”), then you agree to these Terms. In addition, Charmfidence grants you the right to use the Charmfidence App for your personal use only. You must comply with all applicable laws and third party terms when using the Charmfidence App. The Charmfidence App may not contain the same functionality as is available on the website.

Charmfidence retains and owns all right, title and interest in and to the Charmfidence App, including, but not limited, to all rights under copyright, trademark, trade secret, patent and any other proprietary rights. You agree not to modify, adapt, translate, reverse engineer, create derivative works from, decompile, disassemble or otherwise remove any intellectual property notices from the Charmfidence App.

19. Miscellaneous

These Terms constitute the entire agreement between you and Charmfidence regarding the use of the App, and supersedes any prior agreements between you and Charmfidence relating to your use of the App. The failure of Charmfidence to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Last updated: May 1, 2019