TERMS & CONDITIONS
1.1. The Glow Application (“the App”) is owned and operated by GLOW APP LIMITED (“Glow”, “We”, “Our”), a company focused on facilitating overall health and wellness of individuals. The use of the App, is subject to the following terms and conditions (“Terms”).
1.2. The terms “User”, “You” and “Your” used in these Terms refers to any person who downloads, accesses or uses the App.
1.3. The App aims to provide consumers with health and wellness tips and advice, focusing on training programmes, nutrition plans and emotional well-being.
1.4. Please read these Terms carefully. Your use of the App signifies your agreement to these Terms – these Terms constitute a fully binding agreement between you and Glow. If you do not agree to these Terms, you are prohibited from using the App.
REGISTRATION & USE OF THE APP
2.1. By downloading, accessing and/or using the App you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.
2.2. If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use the App with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms, and to be liable and responsible for you and all your obligations under these Terms.
2.3. By downloading, accessing and/or using the App you declare that you are in good health, are of sound mind, and have been cleared by a medical professional to do exercise and/or physical activity.
2.4. The App can be downloaded from the Apple Store or Google Play on a mobile phone with iOS 9 or Android 4.2 or higher. To access the App, you must have a mobile device with paid access to a mobile data service provider. The App is free to download however your provider’s rate and fees apply for downloading the App, and for accessing and downloading data within the App.
2.5. You may download the App to display on your mobile device, and to view and use content, information and material provided by us for your personal use only. You may not use the App for any other purpose.
2.6. In order to use certain features of the App, you are required to register and provide limited personal information and a unique password to Glow – any personal information processed will be in accordance with applicable laws, and as set out in more detail in clause 13 below.
2.7. Users may also register to use the App by and through their Facebook account, and through any other means designated by Glow.
2.8. Glow reserves the right, in its sole discretion, to deny membership, as well as any Glow offering, to anyone, for any reason whatsoever, as permitted by applicable law.
2.9. You acknowledge that you are responsible for maintaining the confidentiality of your member account, username and password and for restricting access to your mobile phone and/or computer. You agree and warrant that you will not disclose your username and password to any third party and that it is only for personal use.
2.10. You agree to notify Glow immediately upon becoming aware of, or reasonably suspecting that your Glow account is no longer secure (for example, in the event of loss, theft or any unauthorised access to or use of your username and password) and to take steps to mitigate any resultant loss or harm.
2.11. We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may place limitations on the use of certain services, content or features, and/or limit your access to parts if the App or services without notice or liability.
FEES / BILLING
3.1. Glow currently offers the following auto-renewing subscriptions:
- 3.1.1. annual subscription of $USD 95.90 per year.
- 3.1.2. monthly subscription of $USD 9.99 per month;
3.2. Upon registration, Users will be offered a free trial for a period of 7 (seven) days. Thereafter, the chosen subscription will automatically continue until terminated by the User.
3.3. Unless the subscription is cancelled before the renewal date, the subscription fee and charges will be charged upfront to your Apple iTunes or Android account.
3.4. Subscription fees and charges will be billed as follows:
3.4.1. Annual subscriptions, will be billed annually, on the commencement date of your first paid subscription.
3.4.2. Monthly subscriptions, will be billed monthly on the commencement date of your first paid subscription.
3.5. Glow reserves the right to vary fees charged for our subscription from time to time. If fees are varied through the exercise of this right, Glow will inform you of any such variation and provide you with one month’s notice of any such change.
3.6. Upon your subscription, unless you notify us otherwise, you agree to subscription fees and all other charges being billed automatically.
3.7. If any subscription fees or charges billed to your account are not processed for any reason, then Glow will have the right to suspend subscription until all fees and charges have been paid in full.
3.8. You agree to pay all costs which are incurred by Glow in collecting any unpaid subscription fees or charges from you.
3.9. Subscription fees apply regardless of whether or not you use your subscription.
PUSH AND E-MAIL NOTIFICATIONS
4.1. As part of the installation of the App on your mobile device, you will be asked if you would like the App to send you “Push Notifications”, which may include alerts, badges, banners and sounds, on your mobile device. If you choose to allow Push Notifications then the App will generate Push Notification on your mobile device and you acknowledge and consent to receipt of these Push Notifications.
4.2. You agree to us sending you communications via email (“Email Notifications”).
4.3. You may opt out of receiving Email Notifications at any time by clicking ‘Unsubscribe’ link that appears at the bottom of the message.
SERVICES AVAILABLE ON THE APP
5.1. The App offers the following functionality:
- 5.1.1. Workouts and/or training programmes
- 5.1.2. Recipe’s and/or nutrition guidance
- 5.1.3. Tips for emotional well-being
- 5.1.4. Mental wellness and support
- 5.1.5. Shopping list
- 5.1.6. Online submission of consumer photographs
- 5.1.7. Glow news and updates
- 5.1.8. Links to Glow social media accounts
WORKOUTS / TRAINING PROGRAMMES
6.1. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
6.2. You acknowledge and agree that by participating in physical activity there exists the possibility of physical injury, particularly if you are pregnant, or within 12 months of having given birth (post-pregnancy). If you engage in any exercise or any of our workouts and/or training programmes, you agree that you do so having sought permission from a medical professional, and at your own risk. In this regard, as expressed in more detail below, you agree that you will have no claim against Glow for any loss, damage or injury suffered as a result of your use of the App or any services or products.
RECIPES / NUTRITION GUIDANCE
7.1. The Glow recipes and/or nutritional advice and guidance are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems.
7.2. Although certain Glow recipes support pregnant and breastfeeding women, users acknowledge that such recipes have not been formulated to suit the full nutritional needs of pregnant and breastfeeding women.
7.3. If you use the Glow recipes and/or follow the nutritional advice and guidelines, you agree that you do so having sought permission from a medical professional, and at your own risk, particularly if you are pregnant, during post-pregnancy, breastfeeding, suffer from nutrient deficiencies, allergies or any other food related health problems.
CONSUMER PHOTOGRAPHS AND DATA
8.1. By submitting a photograph and/or data to us, you authorise the publication and use of the image, photograph and/or data for use in marketing materials.
8.2. You acknowledge that the submission of an image, or a photograph and/or data is voluntary and that you will not receive compensation. You agree that publication of data and/or photographs confers no rights of ownership or royalties whatsoever.
HEALTH AND PSYCHIATRIC ADVICE DISCLAIMER
9.1. The Glow App provides tips, information and content that is intended to assist users in their personal health and wellness efforts. Glow is not a medical or health services organisation or provider or forum, and we do not engage in patient diagnosis or the practice of medicine.
9.2. The content presented by and through the App and/or services is in no way intended as dietary, medical and/or psychiatric advice or therapy and is not provided for the purpose of diagnosing or treating medical and/or psychiatric treatment and/or therapy. The App or services are not and should never be a substitute for the advice of a licensed healthcare provider or medical professional.
9.3. You agree that before beginning any dietary or exercise programme you have sought advice from a medical doctor, and have been cleared to participate in any such programme (particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, if you are a smoker, have high cholesterol, obesity, bone or joint problems, or if you are pregnant, or during post-pregnancy).
DISCLAIMERS AND IMPORTANT INFORMATION
10.1. Glow disclaims all implied warranties, including but not limited to, warranties of compatibility, completeness, accessibility, safety, reliability, security, accuracy or any other aspect.
10.2. Although Glow has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the App is free of viruses or any other data or code that has the ability to corrupt or affect your system.
10.3. The use of the App in any form is entirely at the users’ own risk and the App is provided ‘as is’, and ‘as available’.
10.4. Glow is not liable for any damages whatsoever relating to your use of and/or access of the App in any manner, howsoever arising, including instances of loss caused by the negligence of Glow and/or its affiliates, partners or representatives.
10.5. Unless otherwise noted, the contents of this App are subject to intellectual property rights that vest in Glow, or that vest in other entities. You are thus prohibited from using the content in this App, its related web pages, social media channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos without express written permission or unless used in accordance with these Terms.
10.6. All information, products and prices available on the App are subject to change without notice.
10.7. We make no guarantees that by using the App you will achieve your desired health and wellness results.
LIMITATION OF LIABILITY AND INDEMNITY
11.1. In addition to clause’s 9 and 10 above, under no circumstances, including, but not limited to, negligence, will Glow, its affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the App.
11.2. In no event will Glow, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, tort or any other form of law otherwise) exceed two hundred Dollars.
11.3. You agree to indemnify, defend and hold Glow, its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs or other expenses that arise directly or indirectly out of or from (i) your breach of these terms; and/or (ii) your activities and/or conduct in connection with this App.
12.1. We reserve the right to cease operating the App at any time, in our sole discretion, without notice to you, and to terminate this agreement by notifying you of same within a reasonable period of time.
12.2. In the event you breach any of these terms, we may cancel or suspend your use of the App at any time, without notice to you, and terminate this agreement by notifying you of same within a reasonable period of time.
12.3. On termination for any reason, you must immediately delete or remove the App from any and all mobile devices, and immediately destroy all copies of the App in your possession or control.
12.4. At any time, you may terminate this agreement by contacting firstname.lastname@example.org, and unsubscribing / canceling your auto-renewal subscription on your device’s subscription platform. You will continue to have access to the App and services until the end of your billing period.
13.1. Glow respects the privacy of every person who visits and/or uses our App. We will comply with all applicable data protection laws and regulations and use personal information appropriately and responsibly.
13.2. By submitting your personal information to us, and/or by using this App, you will be regarded as having given your consent – where necessary and appropriate – for the use and processing of personal information in accordance with applicable legislation.
13.3. We will use your personal information to process your subscription, to respond to service requests, to share promotional information and useful articles, to improve our service offerings, or so as to improve the App. We may also use your personal information to contact you regarding any complaint, query or comment, or for any other purpose for which you give your permission. Furthermore, we may use your personal data to carry out our obligations arising from any contract with you, to notify you about any changes to the App, to assist with business development, and in connection with any legal proceedings, or where we have a right or duty to disclose the information in terms of law and industry codes.
13.4. We may, for example, collect and use the following information about you:
- 13.4.1. Name and surname;
- 13.4.2. Country of residence;
- 13.4.3. Contact information including email address and mobile phone number.
And any other information which we reasonably need to perform our duties in pursuance of any agreement we may have with you, make decisions about you in relation to the App or service, or fulfill our regulatory or other business obligation.
13.5. We will only share your information with third parties who perform services on our behalf. All service providers are bound by contract with us to maintain the security of your personal information and to use it only as permitted by us, in accordance with applicable law.
13.6. You may on reasonable grounds object to the processing of your personal information, after which we undertake not to continue to process such information, except as provided for in law.
13.7. The security of your personal information is important to us, but no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security, but we can guarantee that we will take all reasonable measures to protect the security of your data.
13.8. You have the right to access certain personal records we hold about you. Requests can be made in writing to email@example.com. We want to make sure that your information is accurate and up to date. You may also ask us to correct or remove any information that you think is inaccurate.
14.1. Glow may revise these Terms at any time without notice. Although we will endeavor to highlight any changes to these Terms, you should revisit the App periodically to make sure you are aware of the most recent Terms, because they will be binding on you.
14.2. In respect of any proceedings arising out of or in connection with this Agreement, the parties agree that this agreement will, for purposes of jurisdiction, have been concluded at our head office at Room 1203, 12/F, Tower 3, China Hong Kong City, 33 Canton Road, Tsimshatsui, Kowloon, Hong Kong.
14.3. If you have any questions or complaints regarding these Terms or have any queries or comments in relation to the App, please contact us on firstname.lastname@example.org and we will endeavor to respond to you promptly.
14.4. Each provision of these Terms will be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms will nevertheless remain binding and continue with full force and effect.