Terms and conditions
Last updated: 21 February 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.happyq.asia website and the HappyQ and HappyQ Pro mobile applications (the "Service") operated by HappyQ Co. Ltd., registered in Taiwan as 排必酷有限公司 ("us", "we", or "our", “HappyQ”). HappyQ users will be referred as “users” or “customers” while HappyQ Pro users will be referred as “professional users” or “professionals” while both type of users can be referred as “you”.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
In order to use any of the HappyQ Services and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Terms, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. What HappyQ can do for you
If you are a professional, HappyQ Pro allows you, through an on-application interface to manage the flow of your customers, by calling their respective numbers. You can either purchase or subscribe to the Service, as described in the “Purchases and Subscriptions” section.
If you are a customer in a business using HappyQ services, the HappyQ application allows you to get a real-time estimation of your waiting time based on the statistics of the professional you are waiting for. This estimation does not aim to be exact but pessimistic for you to be back in advance.
HappyQ also propose you with a list of “Proximity Services”, according to what you want to do during your waiting time. HappyQ Co. Ltd. has no control over and assumes no responsibility regarding the products and services proposed in the Proximity Services you chose to visit.
Moreover, while you are outside, HappyQ constantly looks at your position and your remaining waiting time in order to tell you when to start heading back to be back on time for your turn. This is done by using a statistical method. However, no statistical method can make perfect predictions, the use you make of HappyQ tools is at your entire discretion and therefore, HappyQ cannot be held accountable if you were to arrive late at the location of your appointment.
2. Purchases and Subscriptions
HappyQ is a free service for users as it is today. We are not bound to keep this service free in the future, in which case the present Terms will be updated as described in the “Changes” chapter. In this chapter “you” will solely be used to mean “professionals”.
Professional users willing to purchase any product or service made available through the Service ("Purchase") may be asked to supply certain information relevant to their Purchase including, without limitation, their name, email address, phone number, name and address of their business.
Professionals can be proposed with different types of payment during the registration process, according to the location of their business. Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Service for a specific time period (“Pre-Paid Period”). Your Pre-Paid Subscription will automatically terminate at the end of the Pre-Paid Period.
When you register for a Paid Subscription, you consent to get access to HappyQ Pro and give access to HappyQ to your customers immediately.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to HappyQ Co. Ltd. will automatically be renewed at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page or an email to [email protected] before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will lose access to the Service.
We may change the price of the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
We do not propose refund on the services already acquired.
The Terms will continue to apply to you until terminated by either you or HappyQ. However, you acknowledge and agree that the perpetual license granted by you in relation to Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Terms for any reason.
We may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service and/or Content, or non-compliance with the Terms. If you or HappyQ terminate the Terms, or if we suspend your access to the Service, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
We may also terminate your access to our Service at the end of your Pre-Paid Period or in the case your Paid Subscriptions would be rejected (for example but not limited to because of an expired credit card).
To learn how to terminate your account, please contact us through the website contact form which is available on our website, or at [email protected] This section will be enforced to the extent permissible by applicable law. You may terminate the Terms at any time.
4. User-generated Content
Our Service allows you to post, link, store, share and otherwise make available certain information, including but not limited to text, graphics, videos, or other material ("Content"). You are responsible for the Content you submit in any part of our Service including but not limited to our website, applications or our email addresses.
You promise that, with respect to any Content you post on our Service, (1) you have the right to post such Content, and (2) such Content, or its use by our Service as contemplated by the present Terms, does not violate the Terms, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your Content by HappyQ Co. Ltd. or any artist, band, label, entity or individual without express written consent from such individual or entity.
We may, but have no obligation to, monitor, review, or edit your Content. In all cases, we reserve the right to remove or disable access to any Content for any or no reason, including but not limited to, Content that, in our sole discretion, violates the Terms. We may take these actions without prior notification to you or any third party. Removal or disabling of access to Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific Content.
You are solely responsible for all User Content that you post. We are not responsible for Content nor does it endorse any opinion contained in any Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
5. Rights we grant you
The Service and the Content are the property of HappyQ Co. Ltd. or HappyQ Co. Ltd. licensors. We grant users a limited, non-exclusive, revocable license to make use of the Service, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the “License”). Professionals can use HappyQ in the scope of their business, in respect of the present Terms. This License shall remain in effect until and unless terminated by you or us. You promise and agree that you will not redistribute or transfer the Service or the Content.
The software applications and the Content are licensed, not sold, to you, and HappyQ Co. Ltd. and its licensors retain ownership of all copies of the HappyQ Co. Ltd. software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All of our trademarks, service marks, trade names, logos, domain names, and any other features of the HappyQ brand (“HappyQ Brand Features”) are the sole property of HappyQ or its licensors. The Terms do not grant you any rights to use any HappyQ Brand Features whether for commercial or non-commercial use, except for marketing content provided by us.
You agree to abide by our guidelines and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in these Terms, we grant no right, title, or interest to you in the Service or Content.
Third party software (for example, open source software libraries) included in the Service are licensed to you either under the Terms or under the relevant third party software library’s license terms.
6. Rights you grant us
In consideration for the rights granted to you under the Terms, you grant us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you (user), and (3) to allow our business partners to do the same to you (user). In any part of the Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to us by third-parties may contain advertising as part of the Content. In such cases, we will make such Content available to you unmodified.
The personal information you (user) provide us with can be used for commercial purposes, for example for providing third-party advertisement to you according to your profile.
If you provide feedback, ideas or suggestions to us in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Feedback is considered a type of Content.
7. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by HappyQ Co. Ltd.
HappyQ Co. Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that HappyQ Co. Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days\' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the Terms by contacting us at [email protected]
9. Service limitations and modifications
We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that we have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. We and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
10. Warranty Disclaimer; Limitation of Liability
Except as specifically provided herein, your use of the services is "as-is, " and we do not make, and hereby disclaim, any other express and intended warranties, including, but not restricted to, warranties of merchantability or fitness for a particular purpose, and any warranties arising from a course of trading, usage, or trade practice. Except as anticipated in a service order, we will not warrant that the services will be continuous, error-free or completely secure. In no event shall we be liable for any special, incidental or resulting damages, including but not restricted to loss of profits or income, whether or not we had knowledge, that such damages might be sustained.
To the fullest extent permitted by applicable law, you agree to indemnify and hold HappyQ Co. Ltd. harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Terms; (2) any Content; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.
12. Contact Us
If you have any question about these Terms, please contact us through the form present on our website or at [email protected]