ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, SO PLEASE READ THIS TAC CAREFULLY BEFORE PROCEEDING.
Thank you for visiting the website (the “Site”) of Urban Hatch Limited (“UH”).
Access to and use of the Site and related courses, consultations and services (collectively, the “Services”) are made available to you in accordance with the following notices, terms and conditions (collectively, the “Terms and Conditions” or “TAC”). In addition, when you use any of our Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they are incorporated into this TAC by this reference. By using the Services, such as ordering courses on the Site or purchasing either an online or in person consultation package through the Site, you are agreeing to all of these Terms of Conditions.
If you do not agree to be bound to any term or condition of this TAC, you must refrain from registering with the Site, opening an account and you must stop making any use of the Site and you should not access the Site.
Urban Hatch Limited is a company registered in Hong Kong SAR. Our registered address is Unit 12, 16/F, Wayson Commercial Building, 28 Connaught Rd West, Sheung Wan, Hong Kong; our correspondence address is 22A, Tower 1, Larvotto, 8 Ap Lei Chau Praya Road, Ap Lei Chau, Hong Kong.
This agreement does not acknowledge any relationship between you and UH (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of UH.
All software and Content (which is defined as, or includes, any text, files, audio or music, video, graphics, photographs, illustrations, icons, images, software, data, postings, logos, trademarks, trade names, and service marks) on the Site or in our newsletters or other forms of communication such as email are the intellectual property of UH unless otherwise specified herein and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only.
UH hereby grants you a limited, revocable, non-sublicensable, non-transferable license to display the Content (excluding any software code) solely in connection with accessing the Site or using the Services as provided in these TACs. UH reserves all rights not expressly granted herein to the Services and the Content. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by UH and/or its third-party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of UH. Any such unauthorized actions may result in civil consequences or criminal penalties.
All trademarks, service marks, names and logos used on the Site or delivered via the Services are either owned by UH or a use right has been granted to UH. Your use of the Services and Site does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Site. No license is expressly or impliedly granted within or as a result of your use of the Site or Services. Without the prior permission of UH, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, service marks, names and logos featured on the Site for which you do not have personal rights. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
This Site may be accessed from countries other than Hong Kong SAR. If you access and use this Site outside of Hong Kong SAR, you are responsible for complying with your local laws and regulations.
UH will endeavour to ensure that the Content and the Service descriptions on the Site are as accurate and complete as possible. We however do not warrant that Content and Service descriptions are accurate, complete, current or error-free. Please refer to our Cancellation or Termination of Your Service or Account if you feel a Service offered by UH is not as described.
UH reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
In using the Site, you agree to accept responsibility for all activities conducted through your account or by using your password. You are solely responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or if there is unauthorised use of your account, you agree to notify us immediately.
Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this TAC, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When making an order for a Service on the site (the “Order), you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site for access to the Service.
When you submit an Order to the Site, you agree that you do so subject to the TAC current at the date you submit your Order. You are responsible for reviewing the latest TAC each time you submit an Order.
Your Order remains valid as an offer until we issue a confirmation of order (the “Confirmation of Order”) or, if earlier, when we receive your notice revoking your Order.
A Contract shall be formed and we shall be legally bound to supply the Service to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by sending an email to you entitled “Your Order is Complete”. This Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Service.
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact [email protected] immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
UH reserves its right not to accept an Order for any Service for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
Our Customer Service team will contact you as soon as possible if there are any problems with your Order.
In order to purchase a Service with us, you must meet our conditions of eligibility:
The Site is for your personal use only. You may not purchase Services from the Site for reselling purposes or commercial exploitation.
Prices are shown on the Site in United States Dollars (USD) for Services unless otherwise stated (the “Service Fee”). Service Fees displayed on the Site at the time your Order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all Service Fees appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the Service Fee of any Services that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your Order. If we are unable to contact you, we will treat the Order as cancelled.
If your credit/debit card is not denominated in United States Dollars (USD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
The Service Fee may be subject to taxation in accordance with the applicable law in your country of residence. The Service Fee does not include applicable taxes. We may change the Service Fee at any time, but changes will apply only to new course orders or renewals.
We accept payments through PayPal made by Visa, MasterCard, Amex, Discover, or PayPal or by Stripe made by Visa, Mastercard, Amex or ApplePay, as well as cash or cheque in advance for one on one consultations provided that is agreed prior to the completion of the order.
By placing an Order using one of the above Credit/Debit card and online payment methods, you confirm that the Credit/Debit card(s). PayPal or ApplePay account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to UH, we will not be liable for any delay in providing the Service. We reserve the right to obtain validation of your payment details before providing you with the Service.
Our payment processes meet stringent international security standards which are set down by the payment card industry to make your experience on UH safe and secure. If you have registered an account on the Site, we do not save your card detail. If you open an account with either PayPal or ApplePay and you decide to save your card details with them, you will be subject to their terms and conditions including details related to encryption, secure storage and use. We do not take any responsibility for the services offered by PayPal or ApplePay or any resultant loss you may suffer. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.
If one of the Services you purchase on our website is a course (the “Course”), it shall commence on the date the purchase is accepted and the availability of the videos and related content shall continue until four months (the “Course Duration”) after your due date for which the Course was purchased. Once you have paid a Service Fee for the Course, you will be able to view the related videos (the “Course Videos”) as many times as you like for the Course Duration subject to the Prohibitions and Failure to Comply provisions set out below. You will also have unlimited access to the Communication Services (as defined under those provisions below) for the Course Duration subject to the terms and conditions set out below.
Course Videos or other videos on the Site are available to view on the Site only and may not be downloaded. It is your responsibility to ensure that your computer has the requisite software and hardware capabilities to view the Course Videos.
We may take actions against your account including suspending or terminating your account and refusing any and all current or future use of the Services (or any portion thereof) at any time, for such activities as, but not limited to:
We may send you an email to inform you of the suspension or termination of your account or other action taken including refusing you any current or future use of the Services if we determine at our sole discretion if any of these such events have occurred.
You can cancel your subscription to any of our Services at any time and you will not be charged again. UH does not refund any paid or unused subscription to any purchased Service unless otherwise stated herein.
The Site enables you to purchase the Service of a mid-wife, consultant, practitioner, professional, expert, coach, advisor or any other person (collectively “Consultant”) for the purpose of getting counselling, information, advice or any other input, benefit or service (collectively “Consultant Services”). To place an order for such Services through the Site (a “Consultation Order”), you must follow the instructions on the Site by emailing UH at the prescribed email on the Site. UH will then confirm if the Consultation Service is available and confirm with you the details of your Consultation Order including your payment details.
After accepting your Order, you will receive an email from UH confirming the Consultation Order and seeking to agree a suitable time for the first consultation for the Consultant Service selected. The Consultant Service will be provided as described on the Site or via a separate email.
We make no representation or warranty whatsoever as to whether you will find the Consultant Services relevant, useful, correct, relevant, satisfactory or suitable to your needs. If the advice sought is not related to the Consultant Service purchased, we may not provide the Consultant Service and it will be at our sole discretion to determine how much, if any, refund you receive. We will not provide any advice or diagnoses on medical or pregnancy related questions.
While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Consultant. It is your responsibility to conduct independent verification regarding any Consultant that provides you with Consultant Services (whether through the Site or not) and we strongly recommend that you will conduct this verification prior to purchasing Consultant Services through the Site and on a continuous basis as you use the Site.
The Site or a private members only section of a third party site utilised by UH for the benefit of users may contain bulletin board services, chat areas, live events, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group including through UH Family (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service and you are solely responsible for your own Content and the consequences of posting or publishing this Content. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
UH reserves the right at all times, in its sole discretion, 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.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
UH does not claim ownership of the materials you provide to UH (including feedback and suggestions) or post, upload, input or submit to the Site (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting UH permission to use your Submission in connection with the operation of our business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. UH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in UH’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Nothing in the TAC is intended to affect your rights under the Law in Hong Kong SAR.
The Site may include links to other websites, social media or resources including for the purposes of supplying Communication Services that are not operated or prepared by UH. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
UH offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health including as a result of information you have received through UH, you should always consult with a physician or other health-care professional.
Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Site or advised in a consultation. The use of any information provided by UH is solely at your own risk.
Nothing stated or posted on this Site or available through any Services is intended to be, and must not be taken to be, the practice of medical or counseling care or advice. For purposes of this TAC, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, mental health services or providing health or medical care treatment, instructions, diagnosis, prognosis or advice.
The courses, exercises, nutritional advice and other recommendations specified via the Services provided by UH may not be ideal for every person. Before adopting them out, please consult a qualified medical professional who understands your medical and physical conditions better. You agree, confirm and acknowledge that you are aware of the fact that the Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. We are not responsible for any physical inconvenience, ailment, injury, loss, mental or emotional injury, or any other mishaps caused by the use of the Services including, without limitation: acts, omissions, recommendations, or advice given in the courses, consultations or otherwise on the Site. Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with your participation in the Services.
It is your responsibility to ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Services will meet your individual requirements. You acknowledge that the courses offered as via the Services are standard and not made bespoke to fit any particular requirements that you may have.
UH does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, UH will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TAC.
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, UH, its affiliates and their respective officers, directors, employees and agents hereby disclaim and exclude all representations and warranties, WHETHER express, implied OR STATUTORY, relating to the Services, including without limitation any representation or warranty with respect to merchantability, fitness for a particular purpose, title or non-infringement. YOU HEREBY RELEASE US AND AGREE TO HOLD UH HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE YOUR USE OF THE SERVICES ON THE SITE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, AND/OR INFORMATION PROVIDED ON THE SITE OR BY A SERVICE. UH makes no warranties or representations about the accuracy or completeness OF ANY CONTENT, INCLUDING RELATED TO THE SERVICES (INCLUDING WITHOUT LIMITATION THE CONTENT) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PROVIDED OR ACCESSED IN CONNECTION WITH THE SERVICES, (II) ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WITH RESPECT TO A SERVICE OR ON THE SITE; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR CONTENT, (IV) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) INTERRUPTION OR CESSATION OF TRANSMISSION IN CONNECTION WITH THE SERVICES INCLUDING IT BEING WITHOUT ERRORS OR PROVIDED IN A TIMELY MANNER, (VI) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VII) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR THE SITE, OR (D) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACT, QUALITY OR APPLICABILITY OF THE SITE AND THE SERVICES. UH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, SERVICES OR ANY HYPERLINK OR FEATURED IN ANY USER CONTENT OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, SERVICES OR WEBSITES.
IN NO EVENT SHALL UH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, LOST PROFITS OR OST REVENUE, LOSS OF BUSINESS, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT UH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY INCLUDING THOSE PURCHASING SERVICES AND USING OUR COMMUNICATION SERVICES.
Limitation on Damages
EXCEPT FOR YOUR OBLIGATIONS AND LIABILITY UNDER THE SECTION OF THESE TERMS AND CONDITIONS TITLED “INDEMNITY AND WAIVER” THE AGGREGATE LIABILITY OF A PARTY FOR ALL CLAIMS ARISING UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE GREATER OF (I) $100 USD AND (II) THE PRICES ACTUALLY PAID TO UH FOR THE SERVICE GIVING RISE TO THE LIABILITY.
At our request, you agree to defend, indemnify and hold harmless UH (including its officers, directors, agents, affiliates, licensors, and suppliers), fully from and against all liabilities, claims, expenses, damages, costs, expenses and losses, including legal fees, arising out of or relating to any of the following: (a) your access to or use of the Site; (b) any actions made with your account including through the Communication Services whether by you or by someone else; (c) your violation of any of the provisions of this TAC; (d) non-payment for any of the which were provided through the Site; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This includes the use of the Site by any other persons using your account caused by your action or inaction. This clause shall survive expiration or termination of this TAC
If you breach the TAC and we take no action against you, it is not a waiver of our right to exercise our rights and remedies in any other situation where you breach the TAC.
Complaints and Notices
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact us at [email protected] for any Service related complaints or comments.
UH respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaint’s handling procedure.
We may provide notices or other communications to you regarding this agreement or any aspect of the Site, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to [email protected]
If any part of this TAC is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TAC shall continue in effect.
Unless otherwise specified herein, this TAC constitutes the entire agreement between you and UH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and UH with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
This TAC and your agreement to it and to use of the Site and Services are for the benefit of UH and its affiliates, successors or assigns.
The TAC, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with this TAC.
Version: December 2017