Term and Conditions
Last updated on 29 November 2021.
Please read these Terms and Conditions carefully before installing or using the mobile application “Wuge” (“App”), so that you are aware of your legal rights and obligations with respect to Glorious Melodies Consultancy Pte. Ltd. and/or its related entities, affiliates and subsidiaries, and their respective successors-in-title (individually and collectively, "Wuge").
By clicking on the “I Accept” or similar button and/or continuing with the installation or launch process for the App, you represent and warrant to Wuge that you accept all the terms and conditions of the Licence below (“Licence Conditions”), and you further acknowledge and agree that these Licence Conditions are a binding agreement between Wuge and Licensee only, and that Apple Inc. (“Apple”) is not a party to these Licence Conditions, and that Wuge is solely responsible for the App and content therein in accordance with these Licence Conditions.
If you do not accept all the terms of the Licence, you must click the “Cancel” or similar button to stop the installation or launch process.
1. Licence
1.1 Wuge hereby grants the Licensee a personal non-exclusive licence to:
1.1.1 use, download and sync the App
1.1.2 access the services available via the App, including any yoga, meditation, dance, fitness and wellness programmes, recordings, podcasts, materials and other related services (“Services”);
1.1.3 access the Wuge mobile sites and websites available via the App (“Sites”);
1.1.4 access the content available on or via the App, including materials, songs, audio, video, recordings, software, podcasts and other content related to the Services (“Content”), subject to the terms set out in this Licence.
2. Scope of Licence
2.1 This Licence permits Licensee to use, download and sync the App on any Apply-branded product running the iOS (including but not limited to iPad and iPhone) (“iOS Product”), which is owned by Licensee or under Licensee’s personal control, for the sole purpose of performing the functions of the App and accessing the Content and Services for Licensee’s personal, non-commercial use subject to these Licence Conditions (“Permitted Use”).
2.2 Licensee shall not:
2.2.1 use, download, sync or copy the App, Services, or Content other than as permitted by this Licence, or use the App, Services, or Content for any purpose other than the Permitted Use, or in any manner for which it was not intended;
2.2.2 modify, adapt, merge, translate, decompile, disassemble, or reverse engineer the App, Services, or Content except only to the extent that the applicable law provides that such cannot be prohibited;
2.2.3 transfer the App or Content to any third party or grant any third party any access to the App or Content or permit any person the right to use the App or Content;
2.2.4 reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the App, Services, or Content for any commercial or other purpose without the prior written consent of Wuge;
2.2.5 use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the App, Services, or Content or any interest in them or under this Licence except as expressly provided in this Licence; or
2.2.6 use the App, Services or Content for any unlawful purpose or any other purpose not authorised by this Licence.
2.3 Licensee understands and accepts that this Licence is strictly personal to Licensee, and the App, Services and Content are not intended, designed or permitted to be used, accessed or exploited by Licensee for any commercial purpose. Without limiting the generality of the foregoing, Licensee may not use the App, Services or Content in any way to provide, or as part of, any commercial service or product.
2.4 Licensee hereby undertakes to comply with these Licence Conditions and such other terms, notices or guidelines of Wuge that may be contained in the App, Services, or Content from time to time.
3. Term
3.1 This Licence shall continue unless and until terminated in accordance with these Licence Conditions.
3.2 This Licence shall terminate automatically if Licensee fails to abide by any of these Licence Conditions or uses the App, Services or Content outside the scope of Permitted Use.
3.3 Wuge has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate this Licence and/or Licensee’s access to all or any part of the App, Services or Content, without assigning any reason.
3.4 Upon termination of this Licence, Licensee shall uninstall the App and shall erase all copies of the App under Licensee’s control or ownership and stored on any medium.
3.5 Subject to provisions that states otherwise, there is no refund or exchange under any circumstances.
4. Data Use & Privacy
4.1 Please do not submit any personal information or data without first reading Wuge Privacy Policy [insert link], which explains Wuge’s data use and privacy practices in detail.
4.2 All information which Licensee provides in connection with the App, Services or these Licence Conditions shall be current, true, accurate, supportable and complete. Licensee shall promptly notify Wuge in writing of any changes to such information.
5. Provision of App, Services & Content
5.1 Wuge reserves the right to change, modify, suspend or discontinue the whole or any portion of the App, Services, or Content at any time. Wuge may also impose limits on certain features or restrict Licensee’s access to part(s) or the entire App, Services, or Content without notice or liability.
5.2 The Licensee should check these Licence Conditions every time the Licensee wish to use the App, Services or Content to ensure the Licensee understands the Licence Conditions that apply at that time. The Licensee may determine if any such amendment has taken place by referring to the date on which these terms were last updated. The Licensee’s continued use of the App constitutes acknowledgement and acceptance of such changes.
6. Account
6.1 In order to use the App, Services or Content, the Licensee must register and maintain an account with Wuge. The Licensee is responsible for all activities conducted on the account. The Licensee: (a) must keep the account information (including password and other login details) confidential and secure; and (b) must not provide any third party with access to the account. If the Licensee knows or suspects any unauthorised access to or use of the account, the Licensee must promptly notify Wuge.
7. Uploading Content
7.1 Whenever the Licensee makes use of a feature that allows the Licensee to upload content to the App, or to make contact with other users of the App, the Licensee must comply with the content standards set out in these Licence Conditions.
7.2 The License warrants that any such contribution does comply with those standards, and the Licensee will be liable to Wuge and indemnity Wuge for any breach of that warranty. This means the Licensee will be responsible for any loss or damage Wuge suffers as a result of the Licensee’s breach of warranty.
7.3 Any content the Licensee uploads to the App will be considered non-confidential and non-proprietary. The Licensee retains all of the Licensee’s ownership rights in the content, but the Licensee is required to other users of the App a limited licence to use, store and copy that content and to distribute and make it available to third parties. The Licensee also grants Wuge a worldwide, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
7.4 Wuge reserves the right to disclose the Licensee’s identity to any third party who is claiming any content the Licensee posted or uploaded to the App constitutes a violation of their intellectual property rights or of their right to privacy, in accordance with the Privacy Policy.
7.5 Wuge reserves the right to remove any posting the Licensee makes on the App if, in Wuge’s opinion, the post does not comply with the content standards set out in these Licence Conditions.
8. Content standards
8.1 These content standards apply to any and all material which the Licensee contributes to the App (Contribution), and to any interactive services associated with it (Content Standards).
8.2 The standards apply to each part of any Contribution as well as to its whole.
8.3 Wuge will determine, in its discretion, whether a Contribution breaches the Content Standards.
8.4 A Contribution must:
8.4.1 Be accurate (where it states facts).
8.4.2 Be genuinely held (where it states opinions).
8.4.3 Comply with the law applicable in Singapore, including but not limited to Protection from Online Falsehoods and Manipulation Act 2019 (POFMA).
8.5 A Contribution must not:
8.5.1 Be defamatory of any person.
8.5.2 Be obscene, offensive, hateful or inflammatory.
8.5.3 Bully, insult, intimidate or humiliate.
8.5.4 Promote sexually explicit material.
8.5.5 Include child sexual abuse material.
8.5.6 Promote violence.
8.5.7 Promote discrimination based on race, sex, religion, nationality, or disability.
8.5.8 Infringe any copyright, database right, trade mark or other intellectual property rights of any other person.
8.5.9 Be likely to deceive any person.
8.5.10 Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
8.5.11 Promote any illegal activity.
8.5.12 Be in contempt of court.
8.5.13 Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
8.5.14 Be likely to harass, upset, embarrass, alarm or annoy any other person.
8.5.15 Impersonate any person, or misrepresent your identity or affiliation with any person.
8.5.16 Give the impression that the Contribution emanates from Wuge, if this is not the case.
8.5.17 Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
8.5.18 Contains statement which the Licensee knows or believes, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
8.5.19 Contain any advertising or promote any services or web links to other websites.
9. Paid Apps and Paid Subscription
9.1 Wuge may offer the use of any App and/or Services, subject to payment of a fee or other charges to Wuge (“Paid App”) whether through the iTunes store or otherwise. If the Licensee wish to use such Paid App, the Licensee shall make full and prompt payment to Wuge of the applicable fees in accordance with the payment terms specified at the point of transaction. All fees paid for any Paid App are non-refundable, subject to any applicable refund policy of Wuge or the iTunes store.
9.2 The App and/or Services may include functionality that enables Licensee to purchase content on a subscription basis via the iTunes store or otherwise directly with Wuge (“Paid Subscriptions”). Clauses 9.3 and 9.4 shall only apply to Paid Subscriptions purchased via the iTunes store. For the avoidance of doubt, the Licence Conditions (excluding Clauses 9.3 and 9.4) shall continue to apply to Paid Subscriptions purchased directly with Wuge, in addition to any other additional terms and conditions which may be separately agreed in writing between Licensee and Wuge.
9.3 Upon confirmation of purchase via the iTunes store, payment will be charged to Licensee’s iTunes Account. Paid Subscriptions are non-refundable and no cancellation of the Paid Subscription is allowed during the current Paid Subscription period. If Licensee decides to purchase a Paid Subscription prior to the end of the free trial period (if applicable), the Paid Subscription will start immediately.
9.4 Paid Subscriptions purchased via the iTunes store will automatically renew for the applicable time period selected, and Licensee’s iTunes account will be charged no more than 24-hours prior to the expiration of the current Paid Subscription period. Licensee may cancel the automatic renewal or manage the Paid Subscriptions by going to Licensee’s account settings and selecting the subscription Licensee wishes to cancel or manage, even if the Licensee has deleted the account.
10. Promotion Code
10.1 Wuge Promotion Codes (each a “Promotional Code”) are made available by Wuge (either directly or through a partner) subject to these Licence Conditions. Each Promotional Code is made available in connection with a form of an auto-renewing periodic subscription.
10.2 Each Promotional Code provides access to Wuge Plus: A. at the price advertised; and B. beginning the moment that you confirm your acceptance of the Promotional Code by submitting valid payment details that are accepted by Wuge (the “Promotional Period”); and C. in some circumstances, subject to an overall limit of allowed redemptions of that Promotional Code. By submitting your payment details, you (i) confirm your acceptance of the Promotional Code advertised; (ii) accept and agree to these Promotional Code terms; and (iii) acknowledge and agree to the Licence Conditions.
10.3 In order to be eligible for a Promotional Code, users must satisfy all of the following conditions (each an “Eligible User”): A. Unless you are subscribing to a Promotional Code that is advertised as available to current subscribers, you must not be a current subscriber. B. Provide Wuge with a valid and current payment method that is approved by Wuge. C. Additional eligibility requirements (if any) as advertised from time-to-time in connection with a Promotional Code. Eligible Users may accept a Promotional Code once - previous users may not redeem the offer again.
10.4 A Promotional Code must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, Wuge reserves the right to modify, suspend or terminate a Promotional Code at any time and for any reason, in which case we will not honour subsequent Promotional Code enrolments.
10.5 Unless you cancel your subscription before the end of the Promotional Period, you will automatically become a recurring subscriber and your Wuge subscription will continue to automatically renew for additional periods equal to the expiring subscription term, unless you cancel before the end of the relevant subscription term pursuant to the Licence Conditions. The payment method you provided will automatically be charged for the then-current subscription price. If you cancel during the Promotional Period, you will lose access to Wuge and you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
11. Warranties and Remedies
11.1 Wuge makes no warranty that the App, Services, or Content will meet Licensee’s requirements, be free from errors, viruses, malware or spyware, or that the operation of the App, Services or Content will be uninterrupted or error-free or that all errors in the App, Services or Content can be corrected.
11.2 Licensee installs and uses the App and accesses the Services and Content at Licensee’s own risk and in no event will Wuge be liable for any loss or damage of any kind including direct or indirect losses, lost profits or other consequential loss arising from the use of or inability to use the App, Services or Content or from errors, deficiencies, viruses, malware or spyware in it whether caused by negligence or otherwise, or from any problem caused by the App, Services or Content to any iOS Product, computer system, smartphone or mobile device, subject to any applicable restrictions imposed by law on such exclusion of liability.
11.3 Notwithstanding any other provision of these Licence Conditions, the sole liability of Wuge to Licensee under or in relation to these Licence Conditions or the performance of Wuge's obligations hereunder, whether in contract, tort or other cause of action, shall not exceed in the aggregate the amount paid by Licensee for the App in the twelve (12) months prior to the cause of action. To the extent that Wuge is liable for any warranty not effectively disclaimed and there is a failure of the App to conform with such applicable warranty, Licensee may notify Apple in writing and Apple will refund the purchase price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and no responsibility or liability for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty.
11.4 The data and information made available on or through the App, Services and Content are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Licensee should at all times consult a qualified expert or professional adviser to obtain advice before using the Services and/or Content.
11.5 Licensee agrees that the above exclusions and limitations of liability enable the App, Services and Content to be provided by Wuge at either reasonable costs or no costs to Licensee.
11.6 All queries, complaints or claims in respect of the App, Services or Content, including any issue relating to technical difficulties, liability, or non-compliance with consumer protection or other laws or regulations, shall be directed to and handled by Wuge. If Licensee has any queries or complaints or believes he/she has any claims against Wuge in respect of the App, Services, or Content, please contact Wuge at: [insert email]. Save as set out in Clause 11.3, Apple shall not be responsible for addressing or responding to any queries, complaints or claims in respect of the App, Services or Content, or for providing any support and maintenance services with regard to the App, and Licensee hereby acknowledges and agrees to the foregoing.
12. Intellectual Property
12.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the App, Services and Content including without limitation the copyright in the App and Content, shall vest in and remain with Wuge and its Content providers, and Wuge and its Content providers reserve and retain all rights in the App, Services and Content.
12.2 The trademarks, logos and service marks ("Marks") displayed on the App, Services and Content are the property of Glorious Melodies Consultancy Pte. Ltd. or other third parties, and all rights to the Marks are expressly reserved by Wuge or relevant third parties. Licensee is not permitted to use any Marks without the prior written consent of Glorious Melodies Consultancy Pte. Ltd. or such third party. Glorious Melodies Consultancy Pte. Ltd. aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Wuge or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Glorious Melodies Consultancy Pte. Ltd.
13. Third Party Linked Sites, Content and Materials
13.1 Wuge may provide links to third party sites that may be of relevance and interest to users. Wuge has no control over, and is not responsible for the content on such sites or for any damage Licensee may incur from such sites (including any virus, spyware, malware, worms, errors or damaging material contained in such sites) or the availability of any content on such sites, and Licensee hereby irrevocably waives any claim against Wuge with respect to such sites.
13.2 Wuge may also use or provide certain third party software, applications, tools or materials (“Third Party Materials”) in conjunction with or via the App, Services or Content. Wuge has no control over, and is not responsible for the Third Party Materials or for any damage Licensee may incur from such Third Party Materials or the availability of such Third Party Materials, and Licensee hereby irrevocably waives any claim against Wuge with respect to such Third Party Materials. Licensee further agrees to comply with any additional third party terms and conditions applicable to the use of such Third Party Materials.
14. Notification of Infringement
14.1 Wuge reserves the sole right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the App, Services and Content (“Infringing Material”) and take appropriate action including any defence, settlement and/or discharge of such Infringement claim. If Licensee believes that his work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the App, Services or Content, please notify Wuge in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
14.2 All Infringement Notices shall be sent to Glorious Melodies Consultancy Pte. Ltd. addressed as follows: [insert contact details]
14.3 Wuge will duly consider all Infringement Notices submitted in the above manner. In return, Licensee agrees not to take any legal action or exercise any legal remedy Licensee may have against Wuge in respect of any Infringing Material, unless Licensee has first given Wuge the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Wuge refuses or fails to remove the Infringing Material within a reasonable time. Where Wuge removes the Infringing Material in response to Licensee’s Infringement Notice, Licensee agrees not to exercise and hereby waives any right of action against Wuge under applicable law which Licensee may have in respect of any Infringing Material prior to such removal by Wuge.
14.4 Licensee acknowledges and agrees that Wuge has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on third party sites.
15. Jurisdictional issues
15.1 The App, Services and Content are owned and provided by Glorious Melodies Consultancy Pte. Ltd. in Singapore. Glorious Melodies Consultancy Pte. Ltd. makes no representation that the App, Services and Content are appropriate or available for use in all locations. Those who choose to install or access the App, Services and Content from any other location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Indemnity
16.1 Licensee agrees to indemnify and hold Glorious Melodies Consultancy Pte. Ltd., and its agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
16.1.1 any installation, access and use of the App, Services and/or Content;
16.1.2 Licensee’s breach of any terms and conditions of this Licence;
16.1.3 Licensee’s violation of any rights of another person or entity; or
16.1.4 Licensee’s breach of any statutory requirement, duty or law.
17. Severability
17.1 If any provision of these Licence Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Licence Conditions shall continue in force save that such provision shall be deemed to be deleted.
18. Relationship of Parties
18.1 Nothing in these Licence Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Wuge and Licensee and neither party shall have any authority to bind the other in any way.
19. Waiver
19.1 No waiver of any rights or remedies by Wuge shall be effective unless made in writing and signed by an authorised representative of Glorious Melodies Consultancy Pte. Ltd.
19.2 A failure by Wuge to exercise or enforce any rights conferred upon it by these Licence Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
20. Rights of Third Parties
20.1 Except as provided for in Clause 16 and Clause 20.2, a person or entity who is not a party to these Licence Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of these Licence Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. Notwithstanding the foregoing, the consent of any third party is not required for any variation (including any release or compromise of any liability) or termination of these Licence Conditions.
20.2 Wuge and Licensee acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of these Licence Conditions, and that Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce any relevant term of these Licence Conditions against the Licensee as a third party beneficiary thereof.
21. Force Majeure
21.1 No party shall be liable for any failure to perform its obligations under these Licence Conditions if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
21.2 For purposes of these Licence Conditions, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Licence Conditions. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
22. Governing Law
22.1 These Licence Conditions and all matters relating to Licensee’s access to, or use of, the App, Content and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.
23 Arbitration
23.1 Should parties fail to reach an amicable settlement, any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
23.2 The seat of the arbitration shall be Singapore.
23.3 The Tribunal shall consist of one (1) arbitrator.
23.4 The language of the arbitration shall be English.
23.5 The law for the arbitration agreement shall be Singapore law.
24 Compliance
24.1 Licensee hereby represents and warrants that:
24.1.1 Licensee is not located in a country that is subject to U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country; and
24.1.2 Licensee is not listed on any U.S Government list of prohibited or restricted parties.