FreshUp Terms and Conditions

These Terms and Conditions (hereinafter referred to as "these Terms") are formulated by Fresh Up Group Limited (hereinafter referred to as "FreshUp" or "the Company") to regulate the conduct of users (hereinafter referred to as "You" or "the User") when using the FreshUp AI Smart Fridge (hereinafter referred to as "the Service"). Please read and understand these Terms carefully. By successfully registering, topping up, or using the Service, you are deemed to have fully read, understood, and agreed to be bound by these Terms. If the User does not agree to these Terms, please do not use the Service.

1. Scope of Service and Extended Platforms

Certain functionalities and transactions within the Service may be operated or supported by FreshUp’s authorized third-party technical partners. By utilizing the Service, the User hereby consents and authorizes FreshUp to disclose relevant transaction data to such authorized third-party technical partners for processing purposes.

2. Camera Recording and User Consent

The FreshUp AI Smart Fridge is equipped with smart cameras that record during the transaction process to identify and analyze user shopping behavior (including but not limited to facial features, physical movements, and selected products). When a user enters the vending machine area and begins using the Service, it is deemed as irrevocable consent to our recording and data collection. Relevant footage and data will only be used for transaction settlement, anti-theft security, dispute resolution, and service optimization.

3. Data Usage and Collection Statement

Personal data provided by the User, as well as video footage captured during the transaction process, will be utilized for identity verification, payment authorization, dispute resolution, and operational optimization. Such data shall be restricted to the scope required by the Company and relevant third-party operations, and shall be used in compliance with the relevant laws and regulations of the Hong Kong Special Administrative Region (HKSAR). All data will be handled in strict accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486) of the HKSAR, stored with legal encryption, and automatically deleted upon the expiry of a reasonable retention period or following the resolution of relevant disputes.

4. Transactions and Deductions

Automatic Deduction: After the user completes the pick-up and closes the cabinet door, the Company will automatically deduct the corresponding amount from the user's linked payment account based on the AI system's analysis.
Billing Disputes: If a user disputes the deducted amount, a claim must be submitted through official channels (such as in-app feedback or customer service email) within 7 days from the transaction date. We will conduct a verification based on backend system records and relevant video footage, and our decision shall be reasonable and final.
Handling of Special Circumstances: If the AI system is unable to accurately identify the items retrieved due to the User’s obstruction of the camera, abnormal physical movements, or any other interfering behavior, the User shall be deemed to have purchased all products within the machine, and the full corresponding amount will be deducted accordingly.

5. Refund Policy

Transaction Refunds: Users must lodge any claims or disputes regarding a specific transaction via official channels (such as the in-app feedback or customer service email) within 7 days from the transaction date. The Company will conduct a verification process based on backend system records and relevant video footage. Upon approval, refunds will typically be credited back to the User’s original payment method within 7 to 10 working days. The actual time of receipt remains subject to the processing procedures of the respective banks or payment platforms.
Account Balance Refunds: Users may apply for a refund of their remaining account balance through official channels (such as the in-app feedback or customer service email). Following verification and approval by the Company, the requested amount will typically be refunded to the User’s original payment method within 7 to 10 working days. The actual time of receipt remains subject to the processing procedures of the respective banks or payment platforms.

6. Disclaimer

Under no circumstances shall Fresh Up Group Limited (including its directors, officers, employees, agents, or contractors) be liable—whether in contract, tort (including negligence), or any other legal basis—for any loss or damage incurred by the User or any third party arising, directly or indirectly, from the access to or use of this website, the Service, or the Company’s products, information, or services. In no event shall Fresh Up Group Limited be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of data, or damage to business reputation.

Force Majeure: The Company shall not be held liable for any loss or damage (whether based in contract, tort, or any other legal basis) resulting from any failure to perform its obligations due to Force Majeure. Force Majeure events include, but are not limited to: acts of God, fire, flood, accident, riot, war, changes in government policy, embargoes, strikes, epidemics, or any other circumstances beyond the Company’s reasonable control.

7. User Obligations and Termination of Rights

Accuracy of Information: The User undertakes that all registration information provided is lawful, true, accurate, and complete. The User shall bear all consequences and legal liabilities arising from any disputes caused by the provision of false or inaccurate information.
Termination of Service: FreshUp reserves the right to suspend or permanently terminate a User’s access to the Service without prior notice if the User violates these Terms, engages in fraudulent or illegal activities, or if the Company reasonably suspects a security risk to the account. The Company further reserves the right to pursue legal action against such Users.
Liability of User: The User shall be liable for full compensation to the Company and its personnel for any losses, claims, or legal expenses (including reasonable attorney fees) incurred as a result of the User’s breach of these Terms, involvement in fraud, or any other illegal conduct.

8. Personal Information Collection Statement

Purpose of Collection: The personal data provided by the User (including phone numbers, transaction records, etc.) will be used solely for the purposes of identity verification, provision of customer service, processing of transactions, internal analysis, and compliance with relevant laws and regulations of the Hong Kong Special Administrative Region (HKSAR).
Data Protection: All personal data will be handled in strict accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of the HKSAR. We have implemented appropriate technical and organizational security measures to protect data against unauthorized access, processing, or erasure.
Access and Correction of Data: Users have the right to request access to, correction of, or deletion of their personal data stored in our systems at any time via in-app feedback or by contacting customer service. Please note that certain data may be retained as required by law or until the resolution of any relevant disputes. For inquiries regarding data usage, please reach out to us through the aforementioned channels.

9. Miscellaneous Provisions

Reservation of Rights: FreshUp reserves the right to amend these Terms at any time. Any amendments shall become effective upon the date the updated version is published on our official website or Web App. Continued use of the Service by the User following the effective date of such amendments shall be deemed as acceptance of the revised Terms. If the User does not agree to the amended Terms, please cease using the Service immediately.
Governing Law: The interpretation, validity, and enforcement of these Terms shall be governed by the laws of the Hong Kong Special Administrative Region (HKSAR).
Language and Interpretation: In the event of any discrepancy or inconsistency between the Chinese and English versions of these Terms, the Traditional Chinese version shall prevail. The Company reserves the right of final interpretation, amendment, and final decision regarding all Terms and Conditions, Privacy Policies, and website content.