Conditions of Use and Disclaimer

Last updated – [19 August 2022]

1. INTRODUCTION

1.1 Thank you for visiting this website of Hong Kong Gourmet Limited, located at http://www.hkgourmet.com.hk (the "Website").

1.2 Please review these Website Terms and Conditions (the "Terms") carefully before using this Website. Your access to and use of this Website is governed by these Terms. By accessing or using this Website, you agree to these Terms between you and Hong Kong Gourmet Limited ("HKG"). If you do not agree with these Terms, please do not access or use this Website.

1.3 HKG may, from time to time, amend these Terms at its sole discretion (by posting the updated version of such Terms on this website, and such amendments will take effect at the time of such posting). By accessing or using this Website after such amendments take effect, you confirm and agree to comply with, and be bound by, the amended Terms. Please check back on this website from time to time to access the latest Terms.

1.4 From time to time, HKG may provide further terms and instructions applicable to your use of specific parts of this Website or services provided on this Website (e.g. promotional activities and membership schemes). You agree to comply with all such further terms and instructions in relation to such use or services.

2. E-COMMERCE TRANSACTIONS AND PAYMENTS

2.1 HKG may sell to you various goods (including food and drinks) and services via the Website. The terms in this Section 2 (and these Terms) apply to any such sales.

2.2 HKG may set out further terms applying to such transactions and associated payments (including how transactions will be processed and handled, delivery, returns and exchanges, refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your transactions with HKG.

Sale of goods

2.3 Subject to applicable laws and any other terms as agreed between you and HKG from time to time (including any return/refunds policy that HKG offers in relation to its food and drinks), HKG does not make any representations, warranties or guarantees regarding any goods that it provides to you.

2.4 You may make orders for goods via HKG's website, via telephone or another method as offered by HKG to you. HKG will communicate its acceptance of your order to you, at which point a contract will come into existence between you and HKG for such sale. Such acceptance may be communicated via email or verbally to you (or another method as agreed between you and HKG).  If HKG is unable to accept your order, you will be informed and will not be charged for your declined order. Once HKG has accepted your order, you will not be able to change it.

2.5 The images of the goods on HKG's website are for illustrative purposes only. The goods delivered to you may be different from the images on the website, or may otherwise be changed to either reflect applicable laws or for minor adjustments.

2.6 HKG will advise you of your order's estimated delivery date, and will use reasonable efforts to deliver on such date. HKG is not responsible for delays (whether within or outside of HKG's control).

2.7 Ownership of the goods will transfer to you once HKG has received payment for the goods in full and the goods have been delivered to you. HKG may suspend delivery of, or do not deliver, any goods that you have not paid for.

2.8 HKG may suspend delivery of any goods to you for any reason (acting reasonably). If so and only where HKG have suspended delivery without reason, HKG may provide you with a refund of prepaid fees for such goods.

Payments

2.9 You will pay HKG for goods that you have ordered from HKG (including deposits in advance of receiving such goods). You agree that you are solely responsible for all fees and taxes associated with any such payments.

2.10 HKG may invoice you for your purchase of goods. If so, you agree to pay such invoices in accordance with its terms and by the deadline as shown on that invoice. HKG may charge interest on any late payments from you, at the rate of 1% over the prime interest rate quoted by The Hongkong and Shanghai Bank Corporation Limited in Hong Kong.

2.11 Pricing and availability of HKG's goods are subject to change at any time. Any changes to pricing of goods will be posted either on HKG's website or in HKG's quotation to you.  If you do not accept the pricing of HKG's goods (as amended from time to time), HKG may be unable to provide the relevant goods to you after the date of such notice.

2.12 Subject to mandatory applicable laws or Clause 2.8 above or as otherwise notified to you (including pursuant to any return/refund policies that HKG offers to you), HKG will not provide a refund for any payments made by you for any goods.

2.13 If you believe that HKG has charged you in error, and subject to applicable laws:

(a) you must contact HKG within 7 days of the date of the relevant charge; and

(b) no refunds will be given for any erroneous charges after such 7 days period.

2.14 HKG may process payments from you via a third party payment processor, and HKG may provide your information to such third parties to process your payments. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service.

3. DISCLAIMERS

3.1 Materials and information on this Website may contain inaccuracies or typographical errors. The materials and information provided on this Website are not intended to provide professional advice and should not be relied upon in that regard. It is your responsibility to evaluate the materials, information and other content available through this Website.

3.2 This Website and the information and materials contained on this Website are subject to change at any time, and from time to time, without prior or subsequent notice.

4. NO REPRESENTATIONS OR WARRANTIES

4.1 This Website and the contents of this Website are provided on an "as is" and "as available" basis. HKG does not represent or warrant that any information on this Website is accurate, complete or up to date, and that this Website is free of defects or that any defects will be remedied. By using this Website, you agree that your use of this Website is at your sole risk, and you assume full responsibility for all loss of use, loss of data or costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Website. To the extent permitted by applicable laws, HKG makes no representations or warranties (express or implied) and hereby disclaims warranty (express or implied) of any kind (including warranties of title or free from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose), in respect of this Website or its contents.

5. LIMITATION OF LIABILITY AND INDEMNITY

5.1 Subject to clause 5.2 and to the extent permitted by applicable laws, HKG will not be liable (whether express or implied liability) for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever (including any loss of profits or loss of savings), in relation to:

(a) these Terms;

(b) your access or use of or inability to use this Website; and/or

(c) your reliance on any information or materials available or opinion appearing on, this Website, even if HKG has been previously advised of the possibility of such damages.

5.2 To the extent permitted by applicable laws:

(a) HKG will not be liable (whether express or implied liability) for any indirect, special, punitive, incidental, exemplary or consequential damages (including any loss of profits or loss of savings), in relation to your purchase of or use of any goods or services that you order from us via this Website; and

(b) in any event, HKG's total liability to you in relation to your purchase of or use of any goods or services that you order from us via this Website is capped at the higher of:

(i) HK$800; and

(ii) the total amount of fees you have paid HKG for the relevant goods or services under the order pursuant to which the relevant liability arose.

5.3 Notwithstanding any other provisions of these Terms, nothing in these Terms limits or excludes any of your statutory rights (including any rights under applicable consumer protection regulation), to the extent such statutory rights may not be excluded or waived under applicable laws.

5.4 You agree to defend, indemnify and hold harmless HKG, its parent and holding companies, affiliates, agents, other business partners and their directors, officers, employees and shareholders ("HKG Persons") from and against any and all, damages, losses, claims, proceedings, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs), suffered or incurred by any HKG Persons arising from or in connection with your use of this Website or breach of these Terms.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All materials and information on this Website and this Website itself, are protected by applicable copyright laws, trademark laws and/or other intellectual property laws. These materials and information are owned or registered by or licensed to HKG or its parent company or affiliates, or are used with permission of their respective owners. Such materials and information include, but are not limited to, the names, titles, logos, trademarks, photographs, images, illustrations, text, information, video clips, audio clips, designs, copyrights and other proprietary materials on this Website as well as the software used in the design and development of this Website (collectively, the "Materials"). HKG reserves all rights in and to the Materials.

6.2 You do not obtain any right, title or interest in any Materials or software as a result of any downloading or copying. Any unauthorized use of the Materials, which is not permitted under these Terms, including reproduction (for purposes other than your personal non-commercial use), modification, distribution or republication, are strictly prohibited and will constitute violation of the rights of HKG and/or other third parties.

6.3 Except as expressly provided, nothing in these Terms will transfer, assign, license or otherwise grant to you or any third party any right or interest in HKG's (or its parent company or affiliates') intellectual property rights (including any trademarks displayed on the Website).

7. YOUR CONTENT AND FEEDBACK

7.1 Where you submit any data, information or media in your use of the Website ("Your Content"), you agree that:

(a) you will continue to own and be responsible for Your Content;

(b) HKG will not sell Your Content to any third party;

(c) you are giving HKG, its holding company and its affiliate companies (collectively called the “Affiliated Companies”) a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content (with no fees or charges payable by HKG to you) for the purposes of providing, promoting, developing and trying to improve HKG's goods and services.  All such use will, to the extent Your Content contains any personal information, be in accordance with HKG's Privacy Policy. As part of this licence, HKG and the Affiliated Companies may, subject to the Privacy Policy (hereinafter defined), copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;

(d) you grant other users a non-exclusive licence to access and use Your Content within the Website, in accordance with these Terms;

(e) HKG may share Your Content with third parties that HKG works with to help provide, promote, develop and improve HKG's goods and services, in accordance with HKG's Privacy Policy;

(f) HKG may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and

(g) you will comply with these Terms in your submission of Your Content.

7.2 You may also from time to time provide HKG with feedback, comments, suggestions, ideas, concepts and changes regarding HKG and its goods (collectively, "Feedback"). If you submit Feedback to HKG, HKG may, disclose and exploit such Feedback without restriction, payment or any other obligation to you. HKG is not required to consider, respond to or implement any Feedback.

7.3 By submitting Your Content or Feedback, you agree (and represent and warrant) that HKG has the right (but not the obligation) to copy, publish, distribute or use Your Content or Feedback for other commercial purposes, without compensation to you or to any other person.

7.4 HKG does not monitor or review, and will accept no liability arising out of or in connection with, any material posted on this Website by yourself or any third parties. You agree not to upload, post, distribute or otherwise publish on this Website any material that:

(a) is libellous, defamatory, obscene, abusive, scandalous, inflammatory, pornographic, threatening, or an invasion of privacy;

(b) infringes any intellectual property rights, including any copyright, patent, trade secret or trademarks, of any person or entity;

(c) is illegal or advocates illegal activity; and/or

(d) advertises or solicits funds, goods, or services.

You are and will remain solely responsible for Your Content or Feedback. If necessary, HKG will fully cooperate with law enforcement authorities or a court order requesting or directing HKG to disclose information relating to Your Content or Feedback.

7.5 If we reasonably believe that Your Content (or any other materials) is in breach of this Agreement, may cause harm to us or any third party or is otherwise inappropriate, we may remove or take down such Your Content or materials (and where such material is Your Content, we will use reasonable efforts to notify you of such removal, except to the extent prohibited by applicable laws).

7.6 HKG is not responsible for and does not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by this Website by yourself or any other third parties.

8. NO LIABILITY FOR THIRD PARTIES

8.1 This Website may contain hyperlinks to other websites. HKG does not investigate, verify, monitor or endorse the content, accuracy, opinions expressed, and other links provided by those websites. HKG is not responsible for any content or material contained in, or obtained through, any of those websites. Any hyperlinks to other websites, and reference to third-party information, products or services linked to this Website, are not, and should not be construed as, an express or implied endorsement by HKG. Use of hyperlinks to other websites are at your own risk. Any questions or comments relating to such other websites should be addressed to the operators of those websites.

8.2 These Terms govern the relationship between you and HKG (and, where relevant, the Affiliated Companies). Your dealings with all third parties are solely between you and the relevant third party. Subject to applicable laws, HKG and the Affiliated Companies have no liability to you in relation to any third parties, notwithstanding your engagement with any such third parties through the Website.

9. PERSONAL DATA AND PRIVACY POLICY

9.1 HKG is committed to protecting personal data.

9.2 HKG will ensure that personal data collected from this Website and from your interactions with HKG will be handled and used in compliance with Personal Data (Privacy) Ordinance (Cap. 486) and the Vitasoy Personal Data (Privacy) Policy (the "Privacy Policy") – which sets out how HKG collects, uses and stores any personal data that HKG collects, including how HKG handles cookies and children's personal data. In addition, HKG will comply with all applicable laws in relation to its interaction with any children.

9.3 The Privacy Policy forms a part of these Terms and is hereby incorporated by reference. You agree to the Privacy Policy by agreeing to these Terms.

10. GENERAL

10.1 These Terms set out the entire agreement between you and HKG in relation to your use of this Website, you agree that you will have no claim against HKG for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that HKG cannot enforce any part of these Terms as drafted, HKG may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

10.2 No person other than you and HKG will have any right to enforce these Terms, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without HKG's prior consent. HKG may freely assign or transfer these Terms or HKG's rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you. HKG may freely sub-contract any part of its performance of these Terms at any time, without your prior consent or prior notice to you.

10.3 To the extent there is any inconsistency between the English and Chinese versions of this Terms, the English version will prevail.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 All matters (including disputes) which may arise out of or in connection to these Terms, including your access to the Website and your purchase of any goods or services from HKG, will be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China.

11.2 You and HKG both irrevocably agree that the courts of Hong Kong Special Administrative Region of the People’s Republic of China shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with these Terms or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Hong Kong Special Administrative Region of the People’s Republic of China.

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