Terms of Service

Below you will find the Terms of Service for uHey Limited. 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 Service. 

Please Note: Our Terms of Service 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.

These Terms of Service (“the Terms”) govern Your Membership and Subscription to the Service (including any free trial period) available from www.trailme.com.hk (“the Site”) and the Mobile Application TRAILME (“the App”), Your access to the Site, and Your use of the Service (as defined below).  The Terms form an essential part of the Agreement between uHey Ltd (“uHey,” “We,” “Us,” or “Our”) and You or the entity that You represent (“You“, or “Your”). The Terms take effect when You click an “I Accept” button when presented with the Terms, or if earlier, when You access the Site, the App or use the Service.  

1. Definitions & Interpretations

The headings in this Agreement are for convenience only and shall not affect its interpretation.

Reference to the singular includes the plural and the plural includes the singular, one gender includes each other gender.

In the Terms, We use certain capitalized words that are defined, and unless the context requires otherwise, the following words have the meanings set out below.  Derivations of defined words have the corresponding meanings.

“Affiliates” means any entity that holds or owns more than 50% of the shares (which shares have voting rights attached) in either You or Us, any entity in relation to which either You or Us holds or owns more than 50% of the shares (which shares have voting rights attached).

“Agreement” means the agreement entered into between You and Us whereby You Subscribe to the Service. The Agreement consists of Your selection of the Service when you Subscribe to the Service and payment of the associated fees to Us in advance for the Subscription Period, and it includes both the Terms, and the Privacy Policy.  

“Business Day” means any weekday that is not a scheduled public holiday in Hong Kong, as published by the government of Hong Kong from time to time.

“Claim” includes any legal proceedings that have commenced in a court, and any allegation made that a right exists or has been infringed.

“Cloud” means a data storage solution supplied to Us by a third-party to store Your Content in a data center owned and operated by the third-party. It may involve Our right to use certain parts of a shared system maintained for multiple uHey clients.  Your Content could be stored in more than one location, anywhere in the world, and may be moved from one location to another or from one third-party to another.

“Content” includes software, data, code, text, audio, video, film, photographs, drawings or other images (including machine generated graphics or similar images).

“End User” means any individual or entity that directly or indirectly through another user accesses or uses the Service under Your account. The phrase “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own uHey account, rather than Your account.

“Membership” means to register with Your personal data for the usage of the provided Services.

“Privacy Policy” means the privacy policy published on Our Site as updated by Us from time to time.

“Service” means the services made available by Us on the Site or through our Mobile Applications. This includes the ability to create and manage outdoor experiences for event management, performance tracking, live streaming and navigation for use by You or multiple End Users under Your access and log in credentials, as well as the ability to save and share Your experience onto Your own storage facility, and/or forward to third parties. “Service” also includes any service currently not available, but which may be available from the Site or Mobile Applications in the future, such as the ability for You to post Your experiences on the Site so that third parties may access Your information.

“Site” means www.trailme.com.hk

“Subscribe” means, in relation to that part of the Service that You wish to use, the process whereby You enter into the Agreement with Us and register to use the Service in whole or part and obtain an account and password, and provide payment details to use the Service in whole or part for the Subscription Periods (including any free trial).  

“Subscription Period” means each period of time in relation to which You Subscribe to the Services in whole or part.  

“Your Content” means Content that You or any End User cause to interface with any part of the Services, or upload to the Services under Your account or otherwise transfer, process, use or store in connection with Your account.

2. Commencement and duration of the Agreement

The Agreement commences once you have completed the registration process on the Site, or on the App.

At the conclusion of each Subscription period, Your Subscription to the Service will automatically be renewed for a further Subscription Period, at Our then-current rates and on the Terms that are effective at the commencement of that Subscription period, once payment has successfully been made to Us, unless You choose not to renew Your Subscription to the Service, or the Agreement has been terminated as provided for in the Agreement. 

3. Membership and Subscription

3.1 Becoming a Member

3.1.1. You may sign up as a registered user of the Service free of charge (a “Member”). To become a Member, you need to go to the relevant section of the Site or App, then submit your email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. 

3.1.2. In the course of your use of the Site or App, you may provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the uHey Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. 

3.1.3. By placing an Order through the Site or App, you warrant that: 

  • You are legally capable of entering into binding contract 

  • All registration information you submit is truthful and accurate. 

  • You will maintain the accuracy of such information. 

  • Your use of the Products does not violate any applicable law or regulation. 

3.2. Membership

As a Member you will receive access to certain features and functions of the Services that are not available to non-members. By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from TRAILME commercial emails by following the opt-out instruction in these emails. TRAILME memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever

3.3. Subscriptions

3.3.1. Users may access the Site or App in three ways:  

3.3.1.1. Browsing the Website or using the App without creating an account: we make some features and information available to users without creating an account.

3.3.1.2. Free Service Member account: additional information and many Product features are available to holders of free accounts. 

3.3.1.3. Paid Service Pro subscription: a subscription fee-based program, which gives you access to premium Product features. You can become a Service Pro subscriber by purchasing a subscription to the Site and App from the Website, or within the App. If you purchase a subscription through the Website, we offer a 30 day money back guarantee. If you are not satisfied with the service within 30 days of your initial purchase, email service@uhey.com.hk and we will refund your payment. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final, and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

3.3.2. In the course of your use of the Site and App, uHey and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to uHey and uHey’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

3.3.3. Our obligation to provide the Services only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through uHey for commercial purposes.

4. Use of the Service

You may access the Site and use the Service to which You have Subscribed in accordance with and subject to the Terms.

In Registering and Subscribing to and/or using the Service, You agree that:  

  • You are responsible for all activities that occur under Your account, regardless of whether the activities are undertaken by You, Your employees or a third-party (including Your contractors or agents) and We are not responsible for unauthorized access to or use of Your account.  This means, among other things, that a breach of the Agreement by any of Your employees or by any person operating Your account is a breach by You. 

  • You will contact Us immediately if You believe an unauthorized third-party may be using Your account or if Your account information is lost or stolen.  

  • You may terminate Your account in accordance with the Agreement. 

  • You are solely responsible for maintaining the confidentiality of Your account and password.  You will not do anything that might jeopardize the security of Your account.  

  • You may not transfer Your account to another entity (including, without limitation, any wholly-owned subsidiary or other related entity).    

  • If You are a person that is less than 18 years of age, We may provide access to Your account to Your parents, guardian or other authorized adult, upon such adult's request.  

  • You will not provide any false information to Us or to any third-party that may use the Service. 

  • You will keep Your contact information and credit card payment details accurate and up to date.  

  • If You select a nickname for Your account, We reserve the right to remove or reclaim it if We believe that the nickname is inappropriate (such as when a trademark owner complains about unlawful use of a nickname).  

  • You will not (intentionally or otherwise) misuse the Site or the Service, for example try to upload viruses or other malicious code, or do anything that could disable, overburden, or impair the proper working of the Site.  You will access and use the Site and the Service in accordance with the reasonable directions that We give to You. 

5. User Information

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

6. Changes

We may change or improve the Service, or add to, change or remove features or functionality of the Service from time to time.  We may notify You of any material change to or discontinuation of the Service (in whole or in part).

We may change or update the Terms at any time by posting revised Terms on the Site.  The revised Terms will become effective upon posting or, if We notify You by email, as stated in the email message. These revised Terms are binding on You on the earlier of:

  • when You click an “I Accept” button presented with the changed or updated Terms;  

  • from the first time that You access the Site, use the App or use any of the Services offered by Us after the date that the revised Terms become effective; or 

  • from the commencement of the next Subscription Period after the revised Terms have been posted on the Site. 

If You do not wish to be bound by the revised Terms, You must not use the Service in whole or part, access the Site, use the App or renew Your Subscription.

7. Authority to enter the Agreement

The Service is designed to cater for the needs of the outdoor community. However, we recognize that some outdoor people are under the age of 18. If You are an individual who is less than 18 years of age, You must obtain the permission of Your parent or guardian to use or Subscribe to the Service in whole or part.  

You represent to Us that You are lawfully able to enter into the Agreement. If You are entering into the Agreement on behalf of an entity, such as the company You work for, You represent to Us that You have legal authority to bind that entity.

8. Privacy Policy

Out Privacy Policy sets out how We deal with Your personal data and other information and protect Your privacy when You use the Service and the Site. The Privacy Policy forms part of the Terms, and You agree to the Privacy Policy and Our use of Your data and other information in accordance with the Privacy Policy, when You agree to the Terms.

You can access the Privacy Policy through our Site and You should take the time to read the Privacy Policy now.

9. Security and Cloud data storage

We engage third parties to provide Cloud facilities for the Service. Your Content will be stored on the Cloud, and it could be stored anywhere in the world in accordance with the operational requirements of Our third-party provider.

We do not guarantee the security of Your information or Content. However, We will take reasonable measures to help You secure Your Content against accidental or unlawful loss, access or disclosure, including that We use 256-bit SSL encryption technology and engage third parties to provide Cloud facilities that have shown Us that they use 128-bit (or higher) SSL encryption technology.

10. Device Requirements

To enjoy the App via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.

11. Links to Websites / Home Page

11.1. We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: 

  • the availability of 

  • the privacy practices of 

  • the content, advertising, products, goods or other materials or resources on or available from 

  • the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 

11.2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Service must not be framed on any other website, nor may you create a link to any part of the Services unless you have written permission to do so from uHey. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to service@uhey.com.hk. 

12. Acceptable Use

As a condition of use of the Site and the Service, You agree that You will not:

  • use the Service or any part thereof for any unlawful activity or to harass, threaten, impersonate, or intimidate anyone;  

  • upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, discriminatory, vulgar, obscene, sexually explicit, invasive of another's privacy, hateful, or otherwise offensive on racial, religious, or other grounds;  

  • upload onto the Service, or post, email, transmit, or otherwise make available any Content that is in violation of copyright, trademark or other law protecting intellectual property or confidential information in any jurisdiction, or that violates any party’s rights. The onus is on You to show that You have the right to use Your Content and if We ask You, You will provide Us with sufficient evidence to show that You have those rights;  

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;  

  • upload or transmit (or attempt to upload or transmit) any worms, viruses, or destructive code onto the Site;  

  • violate any laws in Your jurisdiction (including but not limited to intellectual property laws and laws about online conduct and acceptable Content);  

  • in any way (including through the use of the Service in whole or part, or any presentation produced on or using the Service) misrepresent or embellish the relationship between Us and You, or falsely suggest an affiliation, sponsorship, or endorsement with or by Us (including by expressing or implying that We support, sponsor, endorse, or contribute to You or Your business endeavors), other than in Our role as the provider of the Service; or 

  • obtain (or attempt to obtain) additional trial periods beyond any one initial trial period for any one aspect of the Service.  

13. Proprietary Rights

13.1. License Restrictions

Except as provided in the Agreement, You obtain no rights under the Agreement from Us or Our licensors to the Service, including any related intellectual property rights. You cannot use the Service in whole or part in any manner or for any purpose other than as expressly permitted by the Agreement.

Any licenses granted to You are conditional on Your continued compliance with the Agreement and will immediately and automatically terminate if You do not comply with any part of the Agreement.   

13.2. Limits on making a Claim against Us

You will not assert, nor will You authorize, assist, or encourage any third-party to assert, against Us or any of Our Affiliates, clients, vendors, business partners, or licensors, any intellectual property infringement Claim regarding any aspect of the Service, even after the Agreement ends or is terminated.

14. Suggestions

We are always working on improving the Service, and how We can serve the outdoor community.  

However, if You provide any feedback or suggestions to us, We can use those suggestions, without restriction and without any obligation to You.

15. Fees and Payment

It is a breach of the Agreement to fail to pay the amounts payable to Us as and when they fall due. All amounts payable under the Agreement will be made without setoff or counterclaim, and without any deduction or withholding, and always within the time required for payment.  

We may increase or add new fees and charges for any existing or new Services. If We do, those new fees and charges will apply from the commencement of any new Subscription period.   

We may charge You interest at the rate of 1% per month on all late payments, with interest accruing on all overdue moneys from the day that the payment first becomes overdue, until the day that the payment is received by Us in full.

16. Temporary Suspension

We may suspend Your right to access or use all or any portion of the Service or Your Content immediately upon written notice to You if You are in breach of the Agreement, or if We believe that Your use of or registration for the Service breaches the rights of a third-party, poses a security risk to the Us or any third-party, may negatively impact the Service or Content of any other uHey client, may subject Us or any third-party to liability, or may be fraudulent.  

We may also suspend Your right to access or use all or any portion of the Service immediately upon written notice to You, if You cease to continue trading or operations, make an assignment for the benefit of creditors or similar disposition of Your assets, or become the subject of any bankruptcy, restructuring, arrangement, liquidation, dissolution or similar proceeding.

17. Effect of Suspension

If We take action to suspend Your right to access or use any portion or all of the Service under paragraph “Temporary Suspension”, You are still responsible for all fees and charges You have incurred up to and including the date of suspension.  

While Your account has been suspended, You will not be able to access Your Content.

We will not delete Your Content as a result of Your suspension. We will only delete Your Content as specified elsewhere in the Terms.

18. Termination

The registered user is entitled at any time to terminate the agreement with uHey without specifying a reason and without a deadline to meet. For such termination of the user, it is sufficient that he uses the provided option under Settings in the App ("delete account") and then follow the subsequent instructions. Alternatively, the user can send his resignation request to uHey via email to service@uhey.com.hk 

 We may also terminate the Agreement immediately upon written notice to You if:

  • You breach the Agreement; 

  • any act or omission by You results in Us suspending the Service as set out in paragraph 13;  

  • any third-party that We engage to help Us provide the Service is no longer able to provide that help on a basis that is satisfactory to Us, or Our relationship with that third-party otherwise ends;  

  • We believe providing the Service could create a substantial economic or technical burden, or a security risk for Us;  

  • We need to so that We can comply with a court order; or 

  • We determine that the use of the Service, or Our provision of the Service has become impractical for any legal or regulatory reason. 

19. Effect of Termination

Upon termination of the Agreement, all Your rights under the Agreement immediately terminate. You will continue to be responsible for all fees and charges that You have incurred under the Agreement. There are obligations in the Agreement that will continue to apply after termination.

If We terminate the Agreement without providing a reason, and We prevent You from accessing the Services for the balance of the Subscription Period, You will be entitled to a pro-rata refund of the fees paid for that part of the Subscription Period in relation to which We prevent You from accessing the Service. However, You will not be entitled to a refunds in any other circumstance.

20. Application of disclaimer and Limitation of liability

The disclaimers, limitations, and exclusions contained in the Terms apply to all Claims (including Claims for damages), whether based in contract, negligence, breach of statutory provision, or otherwise. They are agreed to between You and Us as a way of allocating risk between the You and Us, taking into consideration the Terms, the Service, and the fees payable for the Service. The risk that We have under the Agreement, and that We have excluded or limited in the Terms, has been priced into the fees payable to use the Service.  

The limits in the Terms will apply even if there is a failure of the essential purpose of any limited remedy.

21. Disclaimer

The Service is provided ‘as is’. We make no representations or warranties of any kind, whether express or implied, regarding the Service.  Without limiting this, We make no representations or warranties that the Service will continue uninterrupted, error free or free from harmful components, or that any Content, including Your Content, will be secure or not otherwise lost or damaged. You acknowledge that computer systems are not free from errors and that occasional periods of down time occur for a number of reasons, some of which are outside of Our reasonable control. It is not a breach of the Agreement to fail to provide the Service uninterrupted.

Except to the extent prohibited by law, We disclaim all warranties including warranties of merchantability, satisfactory quality, fitness for purpose or arising out of any course of dealing, trade or usage.'

22. Limitations of Liability

We will not be liable to You for any loss or damage or any type (whether that loss or damage is direct, indirect, for loss of profits or opportunity, special, consequential, exemplary, punitive or otherwise), arising from or in connection with any ability of the Service to function, periodic maintenance of the Site, the discontinuation or failure of the Service, Your inability to use the Service for whatever reason (including the suspension or termination of the Service, any interruption of the Service or loss of Content from the Cloud or otherwise, including Our negligence).

In any case, Our total liability to You under the Agreement or with respect to Your use of the Service will be limited to:

  • the amount that You have actually paid to Us under the Agreement for the Service for the Subscription Period: 

  • applicable when You make the Claim; or if You make the Claim after the Agreement has terminated;  

  • the Subscription Period immediately preceding the termination of the Agreement; or 

  • if We elect, Our supply of the Service to You again. 

23. Indemnity

You will indemnify, and hold harmless, Us and Our employees, officers, directors, representatives agents, service providers and Content providers and Affiliates from and against any Claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees on an indemnity basis) arising out of or relating to any third-party Claim concerning Your: 

  • use of the Service (including any activities under Your account, and the use of that account by Your employees and personnel); 

  • breach of the Agreement or of an applicable law by You;  

  • Content or the combination of Your Content with other applications, content or processes, including any Claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, presentation or use of Your Content.  

If We receive a third-party subpoena or other compulsory legal order or process relating to Your Content or account, You will reimburse Us for Our loss including reasonable legal fees on an indemnity basis, as well as (if applicable) Our employees’ and contractors’ time and resources used in responding to the third-party subpoena or other compulsory legal order or process. You must fully reimburse Us within 14 days of the presentation of applicable accounts to You, without deduction or set-off.

If We receive a Claim against You, We will make reasonable attempts to notify You.    

You agree that it is reasonable for Us to seek advice (including legal advice or representation) and as soon as We receive any Claim or third-party subpoena or other compulsory legal order or process.

24. Miscellaneous

General

The following provisions are just as important as the rest of the Terms. You should read these provisions, even though you may have seen similar ones before.  

Third-party beneficiaries

Each of Our Affiliates will be able to enforce and rely on any part of the Agreement that provides a benefit to them. Apart from that, the Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to the Agreement.

Notice

We may provide any notice to You under the Agreement by posting a notice on the Site or sending a message to the most recent email address that you have given to us. 

Notices that We provide by posting on the Site will be effective when they are posted, and notices We provide by email will be effective when We send the email. You must keep Your email address current. You will be deemed to have received any email when We send the email, whether or not You actually receive the email.

You may provide notice to Us under the Agreement by personal delivery, courier or registered or certified mail to 9th Floor, Amtel Building, 148 Des Voeux Road, Central, HONG KONG, or by email addressed to service@uhey.com.hk. 

We may update the address for notices or email address to Us by posting a notice on the Site, updating the Terms, or by emailing you directly. 

Notices provided by registered or certified mail, or by courier:

  • From within Hong Kong will be effective three Business Days after they are sent;  

  • From outside Hong Kong will be effective upon receipt.  

Notices provided to Us by email will be effective on the Business Day following receipt of the email into Our computing system.

Language

All communications and notices that are made or given pursuant to the Agreement must be in English. A communication or notice that is made or given in another language or by any other means will not be effective.  

If there are any documents that are translated into a language other than English, the English version of the document will prevail.

Assignment

You will not assign the Agreement, or delegate or sublicense any of Your rights under the Agreement, without Our prior written consent. Any assignment or transfer in violation of this clause will be void. We may assign Our interest in the Agreement at any time without notice to You.  

Subject to the foregoing, the Agreement will be binding upon You and Us and any successors and assigns.

Any Waiver must be written

If We do not enforce any provision of the Agreement, this does not amount to a present or future waiver of that provision, and it does not limit Our right to enforce the provision at a later time. All waivers by Us must be explicit and in writing to be effective.

Severability

If any portion of the Agreement is held to be invalid or unenforceable, the remaining portions of the Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect the intent of the original portion. If this construction is not possible, the invalid or unenforceable portion will be severed from the Agreement, but the rest of the Agreement will remain in full force and effect.

Laws of Hong Kong apply

The Agreement is governed by and construed in accordance with the law in force in Hong Kong. You and Us submit to the non-exclusive jurisdiction of the court exercising jurisdiction in Hong Kong, and any court that may hear appeals from any of those courts, for any proceedings in connection with the Agreement. 

Entire Agreement

The Agreement is the entire Agreement between You and Us regarding the subject matter. The Agreement supersedes all prior or contemporaneous representations, understandings, Agreements, or communications between You and Us or You and Our Affiliates, whether written or verbal, regarding the subject matter of the Agreement. In no circumstances will any prior agreement between Us or Our Affiliates and You or Your Affiliates, have any effect on the operation of this Agreement.

The security and data privacy provisions in the Privacy Policy, referred to the Terms, contain Our entire obligation regarding the security, privacy and confidentiality of Your Content. 

We will not be bound by, and specifically object to and declare to be null and void, any other provision which is different from or in addition to the provisions of the Agreement (whether or not it would materially alter the Agreement) and which is submitted by You in or with any order, receipt, acceptance, confirmation, correspondence or other document in relation to Your account, the use of the Service, or this Agreement.  

For any other provision or requirement to be included into the Agreement or to vary any provision of the Agreement, that variation must be agreed to by Us through an employee of uHey explicitly agreeing in writing, identifying the new provision or variation.  Mere course of conduct is not sufficient.  

How to Contact Us

We are located at 9th  Floor, Amtel Building, 148 Des Voeux Road, Central, HONG KONG. For more information, or if You have any queries about the Service, You can email Us to service@uhey.com.hk.