The user terms and conditions (hereinafter referred as “Terms”) apply to your visit and use of our website [www.1s.com] (hereinafter referred as “Website”), Services and the 1SOURCE Information Platform (as defined in Clause 1 below), as well as any and all information, recommendations and/or services provided to you through the Website, Services, and the 1SOURCE Information Platform.
Before downloading our application and/or use of our Services, please read Terms carefully.
1. Our Services
1SOURCE Information Platform, by Optical Character Recognition, uses the camera on your smartphone to scan the barcode and/or the ingredient label of a product or to type in the product name to enable the app to recognise or to identify images through the camera for further processing. You may then use all the services, including the analysis of the product’s ingredients, the Potential Risk Index of each composite ingredient for each product and a personalized product expiry diary through the information platform on “1SOURCE” application and/or any other applications we provide (hereinafter collectively referred as “1SOURCE Information Platform”) that you download and install on the mobile device (smartphone).
For the avoidance of doubt, we specifically clarify as follows: What we offer is only the information of the images of the objects/products you scan. We only act as the information platform between you and the third-party objects/products providers. We have no authority and do not purport to act on behalf of any of you and/or the third-party objects/products providers.
Our Services are performed on the basis of information provided by you and third-party objects/products providers. Although we promise to use our reasonable endeavor to obtain information from you and third-party objects/products providers, we have no actual knowledge of information provided by the said persons (including but not limited to their geographical location, personal information, charges for their services, etc.) shown to you on the 1SOURCE Information Platform, and we therefore do not guarantee the accuracy of any of the aforesaid information.
Further, 1SOURCE’s Website, database, and mobile application properties are dynamic. This means that the Potential Risk Index on any of these properties may change based on evolving science, new information, or other factors as well as that the contents of email messages and consumer guides may not reflect 1SOURCE’s current Potential Risk Index or evaluations of products. 1SOURCE makes no representation or warranties about any of the products rated on 1SOURCE Information Platform, Website, database, and mobile application properties or products referenced in email messages. 1SOURCE hereby disclaims all warranties with regard to the products rated on 1SOURCE Information Platform, Website, database, and mobile application properties or products referenced in email messages, including express warranties, statutory warranties, implied warranties of merchantability or warranties of fitness for a particular purpose. 1SOURCE further disclaims all warranties with regard to any products made available to members of the public by 1SOURCE through any of these properties or emails for example (but not limited to) consumer guides, gifts bags and their contents and product sample packs, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular use.
2. Reaching Agreement
By downloading “1SOURCE” application, selecting and/or using our services via 1SOURCE Information Platform, you have agreed to reach an agreement with us (hereinafter referred to as “Agreement”).
If you are executing this Agreement as an individual, you represent that you have full capacity; and if you are a representative of a legal entity executing this Agreement, you represent that you are duly authorized to sign (and the authorization is binding upon the legal entity) and to comply with Terms, as well as the registration services and applications.
3. Use of 1SOURCE Information Platform
1SOURCE application permits you to use the software application for mobile devices and image recognition platform that 1SOURCE may make available from time to time from your mobile device.
In addition, 1SOURCE Information Platform, Website, database, and mobile application properties are provided solely for your personal, non-commercial use. They are meant to help consumers to make informed choices about their health and environment and decisions about products. You may not develop or derive for commercial sale, or any other use, any data in machine-readable or other form that incorporates or uses any substantial part of 1SOURCE Information Platform, Website, database, and mobile application properties, nor transfer to or store any data residing or exchanged over 1SOURCE Information Platform, Website, database, and mobile application properties in any electronic network for use by more than one user, unless you obtain prior written permission from 1SOURCE and/or Upstream Enterprise Inc.
When you use 1SOURCE App and Services to view 1SOURCE content you may also be scanning images of what is around you or adding content yourself from other sources (“User Generated Content”). You are submitting this digital User Generated Content to our 1SOURCE Information Platform. You retain whatever ownership rights that you had in the User Generated Content but so we can continue to provide you and other users with our Service you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, host, modify, display, reproduce, edit, publish, create derivative works from, publicly display, distribute and otherwise use the User Generated Content to enable us to operate, develop, make available, promote and improve our Service and 1SOURCE Information Platform.
4. Your Guaranty and Promise
You guarantee that the information you provide us is true, accurate and complete. We have the right to verify the information you provided at any time; and we have the right to refuse to provide you with the services or to refuse your use of our application without any reason.
By using 1SOURCE Information Platform, you have further agreed to the following matters:
a. Your download or use of applications and services is for personal purposes, and you will not resell such application and services to any third party;
b. you will not use the services or applications for illegal purposes, including sending or storing any illegal materials or for fraudulent purposes;
c. you will not use the services or applications to harass, obstruct or cause inconvenience to others;
d. you will not interrupt the normal operation of the network;
e. you will not attempt to destruct our Services or 1SOURCE Information Platform;
f. you will provide your identity certification upon our reasonable request;
g. you will comply with all the applicable laws in your own country/region and the country/regional, province and/or city where you use our Services or 1SOURCE Information Platform.
If you violate any of the above rules, we reserve the right to immediately terminate provision of Services to you and refuse your use of the 1SOURCE Information Platform.
By accepting Terms and using any applications and/or service in the 1SOURCE Information Platform, you have agreed to indemnify and hold 1SOURCE harmless of any and all claims, costs, damages, losses, debts and expenses (including legal fees and litigation costs) arising out of or related to the following causes:
a. your breach or violation of any of these terms and conditions in Terms or any applicable laws and regulations (regardless of whether or not mentioned herein);
b. your infringement of any right of any third party via the application; or
c. your use or misuse of the application or service.
The information provided and services recommended to you on 1SOURCE Information Platform or Website are for your reference only and does not constitute an advice. We will strive to ensure such information is accurate to a reasonable extent, but cannot guarantee that there is no errors, defects, malicious software and viruses. We will not be liable for any damage (excluding death or personal injury) caused by the use of (or inability to use) 1SOURCE Information Platform or Website, unless such damage was caused by our intentional conduct or gross negligence. In addition, any damage caused by the use of (or inability to use) the electronic communication of 1SOURCE Information Platform or Website, including (but not limited to) electronic communication failure or delay, interception of electronic communications or manipulation by third party or the computer program applied to electronic communications, as well as the damage caused by virus transmission, shall in no event be our liability. Unless the damage was caused by our intentional conduct or gross negligence, the total amount of our liability regarding the loss caused by our service shall in no event exceed the total amount of the order which caused the loss.
7. Medical Disclaimer
Any and all information and advice that 1SOURCE makes available through its products and services, including through its Website, database, e-mail, and mobile application properties, is for general informational purposes only and is not intended as, nor should they ever be considered a substitute for, professional medical advice. Do not use such information or advice for diagnosing or treating any medical or health condition. Always consult a physician or other qualified healthcare provider in all matters related to your health and/or the health of any family member, friend, or acquaintance, including questions about medical conditions, particularly regarding symptoms that may require diagnosis or medical care. Never disregard or delay seeking professional medical advice or care because of something you have read on any of 1SOURCE’s Website, database, e-mail, and mobile application properties. Without limiting any other terms or conditions of this Agreement, 1SOURCE makes no representations or warranties with respect to any information or advice offered or provided through its products and services regarding treatment, action, or application of medication or medical care. Neither 1SOURCE nor any of its affiliates, nor any of their respective officers, directors, representatives, agents, advisors, contractors, and employees, will be liable for any direct, indirect, consequential, special, or any other damages arising therefrom.
8. Authorization and License
On the condition of your compliance with Terms, we grant you a limited, non-exclusive, non-transferable license as follows:
To download and install a copy of the application on your own or controlled single mobile device, and activate this application copy solely for your own personal use. You shall not: (1) license, sublicense, sell, resell, transfer, assign, distribute service or application, or in any other way commercially develop or provide to any third party in any way; (2) modify the service or application program, or create derivative products based on the same; (3) create internet “links” pointing service, or “design” or “mirror” any application on any other server or wireless or internet-based device; (4) reverse engineer, program, access application design, build competitive product or service, use ideas or graphics similar to the service or application to design or build the product, or copy any thought, features, functions or graphics of service or application, or (5) activate the automatic program or script, send multiple server requests per second, or over-burden services or applications, or interfere with their work and/or performance.
In addition, you may not: (1) send spam mails or in any other means to distribute duplicate or unwanted messages violating the applicable laws; (2) send or store infringing, obscene, threatening, defamatory or any other illegal or infringing material, including materials that harm children or violate any third party’s privacy right; (3) send or store materials that contain software viruses, information worms, trojan horses or other harmful computer codes, files, scripts, agents or programs; (4) obstruct or interfere with 1SOURCE Information Platform, Website, applications, services or data contained; (5) attempt to access to 1SOURCE Information Platform, Website, applications, services, or related systems or networks without authorization.
To the fullest extent permitted by law, we shall have the right to investigate and prosecute any such illegal acts above. We may participate in and assist law enforcement agencies to prosecute users who violate the Terms. If we believe that any content violates the Terms or otherwise destruct 1SOURCE Information Platform, Website and/or any service or application therein, we reserve the right to remove or disable access to such content without notice at any time.
9. Intellectual Property Rights Policy
10. Links To Third Party Websites
During your use of 1SOURCE Information Platform and Website, we may offer, from time to time, links to a website owned and controlled by a third party, so that you may communicate with such third party, purchase products or services from such third parties, and/or participate in the promotional activities provided by them. These links will lead you leave 1SOURCE Information Platform, and such links are not within our control.
Third-party service providers, advertiser or sponsors will display goods or services through applications or the links on Website. During your use of application or Website, you may communicate with these third parties, purchase products and/or services from such third parties, and/or participate in the promotional activities provided by them. These links will lead you leave 1SOURCE Information Platform or Website, and such links are not within our control. These sites you are linked to have their own terms and conditions and privacy policies. We are not responsible for the content and activities of these sites, nor will we assume any obligation. All risks arising from browsing or visiting these sites shall be borne by yourself.
11. Termination and Force Majeure
The Agreement entered into between you and us is a non-fixed term agreement.
You have the right to terminate the Agreement by permanently deleting the application installed on smartphone at any time, which will prevent you from using 1SOURCE Information Platform the applications and services therein. You may follow the instructions on 1SOURCE Information Platform and Website to deregister the user account at any time.
In the event of any conduct specified as follows, we reserve the right to terminate the Agreement immediately (i.e., preventing you from using application and services):
a. your breach or violation of any provision in the Terms, or
b. your abuse of applications or services in our regard. We have no obligation to notify you of the termination of the Agreement in advance. We will give relevant notice in accordance with the Terms after the termination of the Agreement.
The party encountering a force majeure event may suspend the performance of obligations hereunder until the force majeure event is eliminated, and no liability will be incurred for the non-performance. However, such party shall make its best effort to overcome this event, and prevent the losses from increasing. A force majeure event refers to an event that neither party have control over, can foresee, or can avoid even when the event can be foreseen, and such events is sufficient to obstruct, affect or delay either party to fulfill its obligations, in whole or in part, under the Terms. The event includes but is not limited to natural disasters, wars, policy changes, computer viruses, hacker attacks or telecommunications agency service interruptions.
12. Other Provisions
If any provision contained herein is held to be invalid, the remaining of the provisions shall remain valid and the implementation of such remaining provisions shall not be affected. We may decide whether to continue to fulfill the remaining provisions.
We reserve the right to modify or replace the terms and conditions of the Terms, or change, suspend or discontinue the services or application (including, but not limited to, any function, database or content availability). As such, we only need to announce or send notifications on 1SOURCE Information Platform and/or Website.
We may send notifications through the following channels: posting general notice on 1SOURCE Information Platform and/or Website; sending e-mail or text message to your e-mail address or telephone registered in the account information.
Without our prior consent, you may not transfer or assign the rights specified hereunder.
13. Governing Law and Dispute Resolution
Laws of Hong Kong shall be the governing law of the Terms. The termination, violation, implementation, interpretation or validity of the Terms, or any conflicts, compensation or dispute arising from or in connection with the use of 1SOURCE Information Platform and Website shall be settled by arbitration in Hong Kong administered by the Hong Kong International Arbitration Centre in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Arbitration Notice is submitted.