Terms of Registration Services
Last updated: 2021-Oct-12 (Rev. 1)
UHEY Business
uHey Limited (“UHEY”, "us", "we", or "our") operates http://www.trailme.com.hk (the "Site"), the mobile application TRAILME and the TRAILME registration services (the ”Services”).
Below you will find the Terms of Registration Services for uHey Limited
Please Note: Our Terms of Registration Services are in English following Hong Kong law. If this translated version shows any variations compared to the English version, the English version is always decisive.
Personal Data
The Personal Information Collection Statement (PICS) informs you of our policies regarding the collection, use and disclosure of personal Information we receive from users of the Site and our mobile application TRAILME included into our provided services. Your privacy is very important to us. Please also read our Privacy Policy and measures to protect your privacy. They are part of our Terms of Registration Services.
As part of your registration process, personal data will be collected for the event operation and service purposes and will be shared with the event organiser and third party provider Active Network LLC. It also will be used by uHey for result publication and analytic service purposes. If registering for an ITRA relevant event your relevant data, e.g. date of birth will be shared with ITRA for their results archiving purposes. Otherwise, your personal data will not be shared with any third parties. By registering for an event, it is deemed that you have granted consent to uHey and the organizer for using your personal data for the stated purposes. You have the right of access to and correction of any personal data held about you. Your e-mail addresses may be added to the uHey newsletter distribution list, which may be opted-out from at any time.
Online Registration
uHey Limited provides online Registration Services to event organizers that enable you to sign up for participation in outdoor and sporting events. You may also sign up on behalf of others (e.g. for a team), except where explicitly not allowed by the event organizer. As part of the online registration you might be requested to select merchandising products, give-aways other event relevant items to participate in the event. During the online registration you will be requested to accept and signup for the Active Agreement and Waiver from our 3rd party service provider, particular organisers provided Terms of Registrations Services and waiver and this terms of Registration Services.
As part of providing you our Registration Services, we may need to provide you with certain communications, such as order confirmations, service announcements and administrative messages. These communications are considered part of the Registration Services and your account, which you may not be able to opt-out from receiving.
Registration Verification
You are responsible for ensuring the accuracy of your registration information. It is particularly important that the entered email address, which is used for sending confirmations and receipts, is correct. If you do not receive an e-mail upon completion of registration, this indicates that your e-mail address was not entered correctly and that remedial action may be required. Please contact our customer service service@uhey.com.hk. If you would like to claim ITRA relevant results, you are responsible to provide your correct nationality and birthday.
Payments
When you register for an event, you will be offered with common payment methods such as credit cards, alternatively, if applicable with AliPay or WeChat Pay. uHey is not liable for transactions between the participant and the event organizer.
Cancellations and Refunds
You have no right of cancellation or refund, except where explicitly permitted by and on behalf of the event organizer and publicly stated in their terms and condition and cancellation and refund policy. When refunds are permitted, uHey reserves the right to charge an administration fee of 5%, subject to minimum of HK$50. Refund of payments by credit card may only be made to the account used for payment.
Transfer, Deferral and Switch of Events and Courses
You have no right to transfer your registration to another person, defer it to a future event or switch between different course distances within an event, except where explicitly permitted by and on behalf of the event organizer and publicly stated in their transfer, deferral and switch of event policy of the race organizer. When transfers, deferrals and switches of events are permitted, uHey reserves the right to apply an administration fee of HK$50. For avoidance of doubt, transfers refers to both individual registration transfer and team member substitution.
Changes of Terms
We may amend the Terms of Registrations Services from time to time at our sole discretion without notice or liability to you. By continuing to use the Services following such amendments to the Terms of Registrations Services, you agree to be bound by such amendments.
Changes to our Services
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you
We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up-to-date.
Accessing our Services
We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
Limited Liability and Warranty
Please read this section carefully since it limits the liability of uHey and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Entities of uHey). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF UHEY MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE ENTIRE LIABILITY OF THE ENTITIES OF UHEY ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF uHey EXCEED ONE THOUSAND HONG KONG DOLLARS (HK$1,000).
The Entities of uHey shall not guarantee or assume any responsibility that:
(a) the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(b) the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
(d) access to the Services will be available or be uninterrupted;
(e) use of the Services will achieve any particular result; or
(f) defects in the Services will be corrected.
Without limiting the generality of the foregoing, in no event will the Entities of uHey be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Entities of uHey has been advised of the possibility of such loss or damages.
You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements
Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Registrations Services or otherwise, you are advised to contact us at service@uhey.com.hk. No such lack of response shall be deemed to constitute any acquiescence or waiver.
The limitation of liability contained in these Terms of Registrations Services will apply to the fullest extent permitted by applicable laws.
Indemnity
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Registrations Services and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
Governing Law and Jurisdiction
These Terms of Registrations Services shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.