Terms and Conditions of Use
The user is required prior to using this site (this “Site”) to read this agreement carefully. By using this Site, you hereby consent to all the terms and conditions as set out in this agreement (the “Terms and Conditions”). If you do not agree to any of the Terms and Conditions, you may not use or access this Site including the assessments and services offered in this Site by UpPotential.com (the “Centre”).
The Centre may revise and update the Terms and Conditions at any time. Your continued usage of this Site will mean you accept those changes as they are made from time to time.
If you violate any of the Terms and Conditions, your permission to use this Site automatically terminates. If you are a member of the Centre (“Member”), your membership shall likewise be terminated.
The contents of this Site, including the assessments and lessons contained herein and any linkages to other websites, are for general information only. The Centre does not assure that any statement contained or cited in an article in the site touching on medical matters is true, correct, precise, or up-to-date. Nothing contained in this Site or the linked websites is or shall be considered or used as a substitute for professional medical or mental health advice, diagnosis or treatment. The Centre is not responsible or liable for any diagnosis made by a user based on the content of this Site or the linked websites. Reading or using this Site does not create a physician-patient, psychiatrist-patient or similar relationship.
You should not consider the information on this Site or on the linked websites current, complete or exhaustive. You should not rely on such information to recommend a course of treatment for yourself or any other individual. None of the tests, products, procedures, opinions or other information provided on the Site or the linked websites are recommended or endorsed by the Centre. Reliance on any information provided on this Site or any linked websites remain solely at your own risk.
Never disregard medical advice from your doctor or other qualified health care provider or delay seeking it because of information you have obtained on this Site. We urge you to seek the advice of your doctor or other qualified health professional with any questions you may have regarding a medical or mental health condition. In case of emergency, please call your doctor or emergency health services immediately. Always consult your doctor or other qualified health professional before commencing any medical, dietary, physical exercise or educational program.
Warranties and limitation of liability
This Site is available for use by the general public without warranty or guarantee. The Centre is not liable to any user or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through this Site. Any access to and usage of this Site is voluntary and at your own risk.
When using this Site, you understand that information will be transmitted over a medium that is beyond the control and jurisdiction of the Centre and its licensors and suppliers. Accordingly, the Centre assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use and access of this Site.
The Centre does not make any express or implied warranty, representation or endorsement of any kind whatsoever (including without limitation, warranties of title or non-infringement of third party rights, or any warranty of merchantability or fitness for a particular purpose) with regard to the service, or with respect to any information, product, service, assessment, instruction, merchandise or other material provided on or through this Site.
The Centre, and any individual contributor, system operator, developer, and sponsor of the Centre, shall not take any responsibility for the results or consequences of any actual or attempted use or adoption of any information from the Site or the linked websites.
The user acknowledges that the information contained on or provided through this Site is provided on an "as is" basis. The Centre does not warrant or guarantee: (1) the accuracy, completeness, correctness, timeliness, or usefulness of any information, services, or other material provided on or through this Site; (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products; or (3) the approval or compliance of any software relating to the content contained on this Site.
In no event shall the Centre be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this Site or its content, whether based on warranty, contract, tort, or any other legal theory.
Copyright and Use of Content of this Site
All the contents of this Site, including but not limited to the articles, assessment, instruction modules, images, designs, icons, text graphics, sound material and software, is protected by copyright and other intellectual property rights under Hong Kong and foreign laws and treaties. Title to such content remains with the Centre or its licensors or suppliers.
You may only use the content of this Site as expressly permitted by the Terms and Conditions. Any modification, distribution, replication, exploitation or creation of derivative work of any content of this Site is a breach of the Terms and Conditions and may violate copyright, trademark, patent and other laws. The features of this Site and its content are subject to change or termination without notice at the full discretion of the Centre. All rights not expressly granted herein are reserved to the Centre and its licensors or suppliers.
Any special rules for the use of certain software and other items accessible on this Site may be included elsewhere within this Site and are incorporated into the Terms and Conditions by reference.
You hereby agree not to upload or transmit any communication or content of any type to the public areas of the Site, including the forum, tele-tea parties, chat rooms, blogs, message boards, Q&A postings, newsletters, testimonials and any other member community (“Public Areas”) that: (a) infringes or violates any right, including trademark, copyright and privacy laws, of any party; or (b) contains personally identifiable information (like name, phone number, email address or web site URL) of anyone else.
By uploading any media like a photo or video, (a) you warrant that you have taken such media yourself or that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein; (b) you agree that such submission is non-confidential for all purposes; (c) you grant to the Centre a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (d) you agree to indemnify the Centre and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including legal expenses, arising from the media and/or your failure to comply with the Terms and Conditions.
The Centre respects consumer privacy. However, the Centre hereby reserves the right to disclose information where required by law or to comply with valid legal process (such as a search warrant or court order), to protect its rights or property (including without limitation in the event of a transfer of control of the Centre or substantially all of its assets), or during emergencies when safety is at risk.
You hereby agree that when you use this Site, you are voluntarily providing personally identifiable information about yourself. You agree that the Centre may use this information to respond to an email or other inquiry or request, to provide services to you as a user of this Site, to send you updates and notices about this Site and/or the Centre.
In addition, you agree that the Centre may collect, maintain and use certain information provided by you from time to time, including recorded conversations from the tele-tea parties that you may from time to time participate in, for the purposes of collating data, or for inclusion or publication in any blog, newsletter, testimonial and any other part of the Public Areas so long as such information does not personally identify you or unless you have otherwise given the Centre your consent to have your personal information included or published. In addition, when you access this Site, the Centre, its licensors and suppliers shall keep a record of your data including your domain name, server address and the pages accessed for statistical purposes.
By participating in the tele-tea parties, you are aware that the discussions and dialogues therein are recorded and open to other Members, either participating as passive listeners or engaging in the discussions therein, and also open to facilitators of the tele tea-partie, the directors, officers and employees of the Centre. You hereby agree to such recording, to such audience participation, and that such conversations and discussions shall be deemed to be communication by you in the Public Areas in accordance with the preceding provisions. You are aware that to facilitate an uninterrupted flow of discussion, the Centre does not provide voice masking, Hence, by your participation in such tele-tea parties, you agree that you do so at your sole risk and you shall be solely responsible to use only your nickname designated by you for such tele tea-parties and to protect all your own personally identifiable information.
Site Community and Public Areas
If you use a Public Area, you agree that you are providing information about yourself and you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Centre, its directors, officers, employees and licensors are not responsible for the consequences of any communications in the Public Areas.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: (a) using a Public Area for any purpose in violation of any law or regulation; (b) posting material that infringes on the intellectual property rights or privacy of others; (c) posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Centre in its sole discretion; (d) distributing viruses or other harmful software; (e) posting advertisements or solicitations of business; spamming; posting chain letters or pyramid schemes and harvesting or otherwise collecting information about others, including email addresses, without their consent; (f) disrupting the normal flow of dialogue, or posting comments that are not related to the topic being discussed; (g) impersonating another person or allowing any other person or entity to use your identification for posting or viewing comments; or (h) engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or this Site, or which, in the judgment of the Centre, exposes the Centre or any of its users, licensors or suppliers to any liability or detriment of any type.
By using this Site, you hereby acknowledge and agree that the Centre reserves the right (but is not obligated) at any time, without prior notice and at its sole discretion to: (a) review all material prior to submission to this Site and to remove or edit any such material for any reason; (b) investigate any allegation that any communication violates the terms of this section and determine in its sole discretion to remove, edit or request the removal of the communication;(c) record dialogues and conversations in the Public Areas including tele-tea parties;(d) monitor, edit, delete or disclose any communication in the Public Areas; (e) terminate a user's access to any or all Public Areas and/or this Site upon any breach of the Terms and Conditions including but not limited to the Centre having any reason whatsoever to suspect or believe that a user has no legal capacity to use or access this Site; and (f) suspend services provided by this Site and all access to this Site in the event of any circumstances (whether resulting from any action of any party or the introduction of any new law, regulation, directive or policy whatsoever) which the Centre perceives would expose this Site, the Centre, its officers, directors, employees, agents, licensors, suppliers, users or any other party to any liability or detriment of any type, including risk of violation of any law or regulation or of the privacy of any party.
You shall be responsible for taking all steps to ensure that no person other than yourself shall have access to your passwords or accounts in this Site. It is your sole responsibility to monitor and control access to and use of your account and password; and promptly inform the Centre of any need to deactivate a password. You grant the Centre and all other persons or entities involved in the operation of this Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Site. The Centre cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using tools and services provided by the Centre.
Advertisements, Searches, and Links to Other Sites
The Centre may provide links to third-party web sites and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Centre does not recommend and does not endorse the content on any third-party websites. The Centre is not responsible for the content of linked third-party sites, sites framed within this Site, third-party sites provided as search results, or third-party advertisements, and does not make any representation regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Centre does not endorse any product, service, or treatment advertised on such site or this Site that is not generated from the Centre.
You agree to defend, indemnify, and hold the Centre, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms and Conditions.
The provisions hereof shall survive the expiration or termination of this Agreement for any reason whatsoever.
Access to this Site may not be legal by certain persons or in certain countries. If you access this Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Applicable Law , Arbitration
Any dispute, difference or claim arising out of or in connection with the Terms and Conditions, shall be referred to and determined by arbitration in Hong Kong using the law of the Hong Kong Special Administrative Region as the governing law. The Domestic Arbitration Rules of Hong Kong International Arbitration Centre shall apply to the arbitration proceedings. The place of arbitration shall be in Hong Kong. There shall be only one arbitrator. In the event of any variation between the English and Chinese versions of the Terms and Conditions, the English version shall prevail.