TERMS OF USE (Shop)
Just A Moment Wellness Company Limited (“Just A Moment”, “Platform”, “we”, “our” or “us”) operates an online Platform for physical and mental activities and psychological services (referred to as “the Platform”). Our aim is to provide users with a range of physical and mental activities and psychological services. By utilizing the Platform, users can browse, select, and book services that cater to their needs. The following provisions outline the terms and conditions governing our services:
Service Providers:
The services available on the Platform are provided by our registered company, its affiliated entities (referred to as “we” or “the Platform”), or third-party operators (referred to as “Service Providers”).
Service Content:
2.1 Service Scope:
The Platform offers information, booking, and arrangements for various physical and mental activities and psychological services. Users can select suitable services through the Platform and make reservations.
2.2 Service Description:
Detailed descriptions and explanations of the services provided on the Platform are available, including service content, timing, location, pricing, and other pertinent information. Users are advised to carefully read and understand the service descriptions before making reservations.
Service Changes and Cancellations:
3.1 Changes:
Users can request changes to previously booked services by following the instructions on the Platform. While we will make every effort to accommodate such requests, we cannot guarantee that all changes can be made.
3.2 Cancellations:
According to our refund, cancellation, and modification policy (explained in detail below), users may cancel a booked service under certain conditions. It is important to note that there may be specific refund restrictions on the amount already paid, as stated in the policy.
Refund, Cancellation, and Modification Policy
4.1 Refund Policy:
In the event of insufficient participant numbers or adverse weather conditions, payments made will be fully refunded after deducting third-party payment platform fees (if applicable). Otherwise, regardless of the reason, all payments made are non-refundable.
4.2 Cancellation and Modification:
Users can cancel or modify a booked service by following the instructions on the Platform. However, please be aware that cancellations or modifications may be subject to certain fees or limitations, as outlined in our policy.
Please note that the refund, cancellation, and modification policies may vary depending on the specific service and service provider. Users are advised to carefully read and understand the relevant policies and terms before making reservations.
Third Party Content
The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
Disclaimer of Warranty and Limitation of Liability
You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the Platform and/or the Service, including (but not limited to) any act, advice, information, omission, opinion, response, suggestion, information and/or service of any Provider and/or any other content or information accessible through the Platform.
You understand, agree and acknowledge that the Platform and the Service are provided “as is” without any express or implied warranties of any kind, including (but not limited to) accuracy, fitness for a particular purpose, merchantability, non-infringement, or security. Using the Platform and the Service is at your own risk. To as far as the law possibly allows, we expressly disclaim all warranties of any kind, expressed or implied.
You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, punitive and/or exemplary damages.
You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this Agreement and any and all use of the Platform and the Service will not exceed the total amount of money paid by you through the Platform in the 2 months period prior to the date of the claim.
We do not warrant:
- the accuracy, quality, completeness, or reliability of the Platform, the information and any offering made by a third party;
- that the Website and the information is be error free, virus free, uninterrupted or free from unauthorized use or hackers
- the quality of goods and/or services of any offering made by a third party.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Your Conduct and Representations
You hereby confirm that you are legally capable (or with the consent of a parent or guardian) to consent to use the Platform and the Service, and that you are legally capable to enter into a contract.
You hereby confirm and agree that all the information, in particulars, any contact details and emergency contact that you provided, or will provide, in or through the Platform and/or throughout the Service, , is accurate, complete, true and not in any way misleading. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, complete, true and not in any way misleading. The provision of incorrect or incomplete information may render us unable to provide appropriate Services to you and we reserve the rights to suspense or terminate your accounts without compensation.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, with or without your knowledge and/or consent.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person (whether authorised by you or not), and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform and/or the Service, is for your own personal use only and that you are not using the Platform and/or the Service for or behalf of any other person or organisation.
You agree and commit not to (or attempt to) interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, including (but not limited to) obtaining unauthorised access to the aforementioned.
You agree and commit not to make any use of the Platform for communicating (through delivering, sending and/or posting) any: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; and/or (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local law, regulation or ethical code in relation to your use of the Platform and the Service.
If you receive any file from us or from a Provider, whether through the Platform or not, you should be responsible for checking and scanning this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of, or relating to, any: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including the Service) which were provided through the Platform; and/or (e) your violation of any third party right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform and the Service, is accurate, correct and up-to-date and will continue to be accurate, correct and up-to-date.
You agree to pay all fees and charges associated with your usage of the Service on time either on a single-use basis or according to our subscription plans. By providing us with your payment means you authorise us to bill and charge you through that payment means and you agree to maintain valid payment means information.
In the event that you directly deal with or otherwise engage with any of our co-operating Providers, we shall not be responsible matters, disputes or losses and damages for any such direct dealings between you and Providers.
Modifications, Termination, Interruption and Disruptions to the Platform
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform and/or the Service, any part of the Platform and/or the Service, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
While we make commercially reasonable efforts to ensure the accessibility and reliability of the Platform and the Service, you understand and agree that none of the them are 100% accessible and/or reliable and so we cannot guarantee that access to the Platform and/or the Service will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
Users: who may use this service
You should be at least 18 years old to use the Service.
If you are under 18 years old (a “minor”) and would like to use the Service, you consent that: (a) you must be capable of understanding the nature and implications of the proposed Service in consenting to receive the proposed Service; and (b) consent must be obtained from your parent or legal guardian, with such parent or legal guardian reading and fulling consenting this Agreement with you. We are not responsible for verifying such guardian’s consent and by using our service, you represent to us that such consent has been duly obtained.
If you are the parent or legal guardian of a minor, you consent that you do not have an absolute right to determine what treatment your child receives. By allowing your child to use the Platform and/or Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Platform and the Service.
We would deem sufficient to have consent from one parent unless exceptional circumstance arises.
If you are using the Platform and/or the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Notices
We are entitled to set the form of notice and mode of communication with respect to each type of notice to be given under the Agreement. Unless specified otherwise, you will be considered as having received any notice given by us immediately after we have sent it to the communication method(s) that you have provided to us upon your registration for the Platform and/or Service or notified to us in such manner acceptable to us from time to time.
Notices sent to us must be delivered by email to service@jamwellness.io. We are not considered as having received your instructions or communications unless they are given in such manner as we may specify from time to time and after we have actually received them. Instructions or communications sent by you to us will be considered as having been received by us on the day of actual receipt.
Miscellaneous
You must not infringe, or assist in the infringement of, the intellectual property rights (including, without limitation, copyright, patents, trademarks and database rights) of Just A Moment; Just A Moment shall own all intellectual properties rights of the content, posts, photos, pictures, video, graphic and layout contained on the website; and you shall not use any such content for any other purposes.
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Hong Kong, excluding any rules governing choice of laws.
These Terms together with our Privacy Policy and Amendment, Cancellation and Complaints Policy and other documents as referred herein and Application Form contain the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the Platform and/or the Service inconsistent with any of the terms hereof.
We may change this Agreement by posting revised version on the Platform. Unless we specify otherwise, all modifications shall be effective upon posting. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must stop using the Platform and the Service.
We may freely transfer or assign the rights and obligations under this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the concerned provision shall be severed from these Terms and the remaining provisions of this Agreement will remain in full force and effect.
All clauses on limitations of liabilities and indemnification are to survive the termination or expiration of this Agreement.
Should you have any comments and/or complaints to services of our Provider or our Platform, please send us a message particularises your experience with us to service@jamwellness.io within 14 days from the date you received your counselling session.
Disclaimer:
Please be aware that the platform assumes no liability in any form for any loss or damage incurred by participants during activities, irrespective of the cause. Prior to using the platform and booking services, users are required to read, comprehend, and agree to comply with all applicable terms, conditions, and policies. While we strive to provide accurate, timely, and reliable information and services, we cannot guarantee the continuous and flawless operation of the services. We disclaim responsibility for any loss or damage incurred due to the use of our platform and services.
Please read and understand these “Terms and Conditions” and related policies carefully before using the platform and booking services. If you do not agree to any of the terms, kindly refrain from using the platform and its services immediately.
This Agreement is effective as of 1 September 2021. This version shall prevail any of its previous version(s).
