TERMS OF USE

The following Terms of Use govern your use and access of the Platform and the use of the Services. Please read them carefully. By accessing or using the Platform and/or the Services, you agree to be bound by these Terms of Use. We reserve the right to refuse service to anyone for any reason at any time.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Users with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

Our store is hosted on shopify.com. They provide us with the online e-commerce platform that allows us to sell our products to you.

1. Registration

a.     You may be required to register with us in order to access certain parts of the Site (“Sub-Portal”). Where you are required to register:

                         i.         you must provide us with accurate, complete and updated registration information;

                        ii.         you must safeguard any user name and password which we provide to you; and

                      iii.         you authorize us to assume that any person using the Site with your user name and password is either you or is duly authorized to act for you.

b.     You acknowledge that your use of some Sub-Portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:

                         i.         will apply to your use of such Sub-Portal in addition to these Terms and Conditions; and

                        ii.         will prevail over these Terms and Conditions to the extent of any inconsistency.

2. Fees

1. We reserve the right at any time to:
   1. charge fees; and
   2. vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of the Site.
2. The introduction of charges or amendments to terms and conditions referred to in Clause 2(a) will be treated as (at our sole discretion):
   1. amendments to these Terms and Conditions; or
   2. the introduction of, or amendments to, terms and conditions, which govern a Sub-Portal, and you will be notified and bound by those new or amended terms and conditions accordingly.

3. Site Content

1. You acknowledge that Content on the Site is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”). Unless you are expressly authorised by law, you must not yourself, or participate in or permit any other person, to, directly or indirectly:
   1. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;
   2. use any Content on any other web site or in a networked computer environment for any purpose;
   3. reverse engineer any Content consisting of downloadable software; or
   4. otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.
2. Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.

4. General use of Services and/or access to Platform

4.1 Guidelines to the use of Platform and/or Services

1. We grant you a revocable, non-exclusive, non-transferable and limited license to use the Services and/or access the Platform strictly in accordance with the Terms of Use. You agree to comply with all the operating rules, policies, guidelines, notices, and instructions pertaining to the use of the Services and/or access to the Platform, and any amendments to them, issued by us, from time to time. We may revise these operating rules, policies, guidelines, notices, and instructions at any time and you are deemed to be aware of these changes and be bound by them once they are published on the Platform. You may only use the Platform for your own personal purposes and must not use the Platform for any other purposes.
2. You must ensure that all the information you supply to us through the Platform, or in relation to the Platform, is true, accurate, current, complete and non-misleading.
3. The Platform uses cookies. By using and/or accessing the Platform or agreeing to the Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

4.2 Restricted activities

You agree and undertake NOT to:

1. impersonate any person or entity or to falsely state or misrepresent your affiliation with any person or entity;
2. use the Platform or Services for any illegal, fraudulent or harmful purpose or activity (including but not limited to abusive use of discount, promotion or coupon codes);
3. carry out any speculative, gambling or similar activities on the Platform;
4. attempt to gain unauthorised access to, tamper with or otherwise interfere with, disrupt, damage or impair our or other computer systems or networks connected to the Platform or Services or the technical delivery systems of our providers including but not limited to sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Platform or Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform or Services;
5. post, promote or transmit through the Platform or Services any Prohibited Materials;
6. interfere with the utilisation and enjoyment of the Platform or Services of others;
7. probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
8. access or search or attempt to access or search or web scrape the Platform or Services by any means, whether automated or otherwise, other than through our currently available published interfaces that we provide;
9. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Platform or Services to send altered, deceptive or false source-identifying information;
10. use or upload, in any way, any software or material that contains, or which you have reasonable grounds to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of others’ computer or mobile device or the Platform or Services or infringe any rights, title, interest or Intellectual Property rights of HKIDFSA or any third party;
11. disclose any Personal Data or information of any individual unless it receives the relevant individual’s prior express consent pursuant to the Personal Data (Privacy) Ordinance;
12. use the Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
13. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platform without our express written consent;
14. access or otherwise interact with the Platform using any robot, spider or other automated means;
15. use data collected from the Platform or the Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or to contact individuals, companies or other persons or entities; and
16. use the Platform or Services without conforming to the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

4.3 Availability of Platform and Services
We may, without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services from time to time and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal prevents you from accessing the Platform or any Services.

4.4 Right to monitor content

We may, but shall not be obliged to:

1. monitor, screen, remove or otherwise control any activity, content or material on the Platform and/or through the Services. We may, in our sole discretion, investigate any violation of these terms and conditions and may take any action it deems appropriate;
2. prevent or restrict access of any User to the Platform and/or the Services at our discretion and you shall not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures imposed;
3. report any activity suspected to be in violation of any applicable law, ordinances or regulation to the appropriate authorities and to co-operate with such authorities; and/or
4. request any information or data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right if you refuse to disclose such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

4.5 Right to access and disclose information

We reserve our right to access, read, preserve and disclose any information (including your identity) that we reasonably believe is necessary to:

1. satisfy any applicable law, regulation, legal process or governmental or regulatory authority’s requests;
2. enforce these Terms of Use, including investigation of potential violations hereof;
3. detect, prevent or otherwise address fraud, security or technical issues;
4. respond to user support requests; and/or
5. protect the rights, property or safety of HKIDFSA, the Platform or their users and/or the public.

4.6 Additional terms
In addition to these Terms of Use, you may be subject to additional terms and conditions, which will apply in full force and effect, if you use specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors.

5. Personal Data and Cookies

1. In using the Site you may give us “personal data” as defined in the Personal Data (Privacy) Ordinance. You have certain rights in this personal data. By using the Site you grant us the consent to use your personal data in accordance with our Privacy Statement (available at www.hkidfsa.org).
2. During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies”. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
3. We may, either directly or via Third Party Providers (e.g. advertising company such as DoubleClick) serve advertisement on the Site and other web sites. These Third Party Providers may use information (not including your name, address, email address or telephone number) about your visits to the Site and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. To find out more about the use of cookies and the information-gathering practices and opt-out procedures of DoubleClick, please go to www.google.com.hk/policies/privacy/.
4. We may use web analytic service and tools developed by us or provided by Third Party Providers (e.g. Google Analytics provided by Google, Inc.) on the Site to help us monitor and analyse visitor traffic, behaviour and statistics on the Site. To do so, Google Analytics mainly uses first-party cookies, which store non-personally identifiable information, to report to us on user interactions on the Site. For more details on Google Analytics, please visit www.google.com/analytics/. For information on how Google Analytics collects and processes data, please visit www.google.com/policies/privacy/partners/ and see “How Google uses your data when you use a Google partner’s website or application.

6. The Use of the Site Is At Your Risk

1. You use the Site at your risk. You must evaluate and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to companies, investments or securities is provided on or via the Site, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.
2. We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
3. Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content. We urge you to keep backup copies of Content you post to, maintain on or use with the Site.
4. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
5. Without limiting the above provisions, everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
6. If a jurisdiction does not allow the exclusion of implied warranties in accordance with Clause 6(e) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

7. Notices

We will give you any necessary notices by posting them on the Site. You agree:

1. to check the Site for notices; and
2. that you will be considered to have received a notice when it is made available to you by posting on the Site.

8. General Provisions

1. If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
2. These Terms and Conditions will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
3. You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of these Terms and Conditions.
4. The English version of these Terms and Conditions shall prevail over any Chinese version (if any) which is provided for information purposes only.

9. Users with accounts

9.1 Username and Password
You may need to create an account with us or to provide Personal Data in order to use certain Services or certain part of the Platform (and/or its sub-portals). However, you should not misuse the Platform or Services by creating multiple accounts of the same Platform (or sub-portal). If you request to create an account with us, a Username and Password will be set up by you, subject to our approval, in connection with the use of the Services and/or access to the relevant Platform.
We may at any time, in our sole discretion, request that you update your Personal Data or invalidate the Username and/or Password immediately without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with such request or invalidation.
You hereby agree to change your Password from time to time and to keep the Username and Password safe and confidential and shall not disclose the Username and Password to any third party. You shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You shall notify us immediately if you have knowledge that, or have reasonable grounds for suspecting that, the confidentiality or security of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
You shall not use any other person’s account to access the Platform or Services.
We shall not be liable or responsible for any Losses suffered by you arising out of or by reason of your failure to comply with the above.

9.2 Purported use/access

You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:

1. your access to the relevant Platform and/or use of the Services; or
2. information, data or communications posted, transmitted and validly issued by you.

You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you) and you agree that we shall have the right to (but not obliged) act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.

10. Payments

When making purchases, redemptions or service application or subscription using your Service Account, you warrant that you are the owner of the Service Account. All activities that occur under your Service Account, whether or not conducted by you, shall be deemed to be activities conducted by you, or with your due authorisation.

1. By ordering or redeeming goods or making a service application or subscription on the Website, you authorise us and/or relevant Supplier(s) (as the case may be) to charge the full amount of the Goods ordered or redeemed or the service applied for or subscribed and all related fees and charges (including but not limited to delivery fee) (collectively, “Fees”) on your selected credit card or by other means of payment as approved by us. You agree that you may not claim against us or any of our agents for any mistake, disruption or failure in relation to your chosen payment method. You warrant that you are duly authorised to use your selected credit card or means of payment and are subject to the applicable user agreement of your payment method. You agree that we shall have the right to, at any time and at our sole discretion, accept, reject or modify any credit card or any method of payment selected by you. Unless otherwise provided in the terms of supply imposed by us or the supplier(s) (as the case may be), all prices are quoted in Hong Kong dollars and exclusive of any government service tax, value added tax or similar tax (if any) and are subject to change from time to time without prior notice. Pricing or typographical errors may occur and in the event that an item of goods or service is listed at an incorrect price, we shall have the right at our sole discretion to decline, cancel or modify any orders placed for that item without any liability or to contact you for purchase instructions based on the correct price information. Unless otherwise specified, goods or services purchased or subscribed by you on the Platform shall be paid for on the Platform in Hong Kong dollars. The purchase price (or any part thereof), once paid, is non-refundable under any circumstances, unless specified herein or we agree otherwise.
2. You hereby authorise us or our billing agent to charge your selected credit card or other means of payment (“Card Account”) the full amount of the Fees. Your bank, the credit card issuing company and/or other relevant parties (“Bank”) may charge you additional fees for making payment with your credit card or other means of payment. Please make enquiries with the Bank for details. You warrant that you have obtained all necessary due authorisations for making payment via the Card Account. Unless otherwise specified by us, any disputes regarding the Fees on a statement for the Card Account must be raised with us within 30 days from the date of issuance of statement for the Card Account, notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the Bank. If we fail to receive your written enquiry within 30 days from the date of issuance of statement for the Card Account, you will be deemed to have agreed with all transactions on the statement for the Card Account.
3. If you fail to settle the Fees in full by the payment deadline pursuant to the terms and conditions of the payment method selected, we shall be entitled to cancel or suspend your order, application or subscription until all the Fees and/or any charges are fully received by us.
4. As part of order processing procedure, we will screen all orders, application or subscription and reserve the right to withhold or refuse processing any order, application or subscription due to suspected fraud, unauthorised or illegal activities. Customer may need to provide sufficient information (such as corresponding transaction Approval Code (e.g. SMS from Bank about the transaction) for verification while we may make calls or send emails to you from the following for verification purposes: info@hkidf.com.hk

11. Intellectual property

11.1 Ownership
The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our product or service providers. We reserve the right to enforce our Intellectual Property to the fullest extent.

11.2 Restricted use
You shall not reproduce, reverse engineer, decompile, disassemble, alter, separate , sell, rent, sub-license, distribute, republish, display, broadcast, hyperlink, frame, mirror, transfer or transmit or vary, alter or remove any copyright, Trademarks or other protective notice in any part of the Platform or any Material or any software we provide in any manner or by any means or store in an information retrieval system or install on any servers, system or equipment without our prior written approval or that of the relevant copyright owners. Subject to Clause 11.3, approval will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we, or the relevant copyright owners, retain all copyright and other proprietary notices contained in the Materials.

11.3 Trademarks
All of our or our Affiliates’ trademarks, service marks, graphics and logos used in connection with the Platform and the Services are trademarks or registered trademarks of HKIDFSA or our Affiliates (as the case may be). Other trademarks, service marks, graphics and logos used in these Platforms may be the trademarks of their respective owners. No licence for the use of the aforesaid trademarks is granted to you under these Terms of Use or the Terms and Conditions of Sale or by your use of the Platform or Services. Unauthorised use of the aforesaid marks in any manner is strictly prohibited.

12. Limitation of responsibility and liability

12.1 No representations or warranties

You agree and acknowledge that the Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. We do not give representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, in relation to the Platform, the Services or the Materials. In particular, we do not warrant:

1. the accuracy, timeliness, adequacy, value or completeness and continuous availability of all data and/or information contained in the Platform, the Services or the Materials;
2. that the Platform, the Services or that any of the Materials will be provided timely, uninterrupted, secure or free from errors or omissions, or that any defect will be corrected;
3. that the Platform, the Services or the Materials are free from any computer virus or bugs, other malicious, destructive or corrupting code, agent, program or macros or other damaging or harmful components; and
4. the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, blackout, or delay caused by internet traffic or incorrect data transmission due to the public nature of the Internet.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform and/or the Services and use your own virus protection software.

12.2 Exclusion of liability

HKIDFSA Indemnitees shall not, to the extent permissible by applicable law, be liable to you for any Losses howsoever caused (regardless of the form of action) arising directly or indirectly from:

1. any access, use and/or inability to use the Platform or the Services;
2. your reliance on any data or information made available through the Platform and/or through the Services, which should first be independently verified;
3. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or bugs, other malicious, destructive or corrupting code, agent, program or macros or other damaging or harmful components;
4. any event(s) beyond our reasonable control;
5. any loss or corruption of any data, database or software; and
6. any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

12.3 At your own risk
You agree that any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.

13. Hyperlinks and advertising

13.1 Hyperlinks
We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. We do not have control of these linked websites or content and therefore we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. We have not endorsed or verified such hyperlinked websites or content and you agree that your access to or use of such hyperlinked websites or content is entirely at your own risk.

13.2 Linking to us
You may link to our Platform provided the linking is fair and legal and does not damage our reputation or take advantage of it.
You shall not establish a link:

1. in such a way as to suggest any form of association, approval or endorsement on our part;
2. to our Platform in any website that is not owned by you.

We may, without giving reason or prior notice, withdraw linking permission.

13.3 Advertising
We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our vendors’ products and/or services. The type and extent of advertising are subject to change. You shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

14. Your submissions and information

14.1 Submissions by you
You grant us a worldwide, irrevocable, non-exclusive and royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the works, materials or information (including but not limited to text (questions, reviews, comments and suggestions), graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to the Platform and/or provide to us(collectively, “Submissions”) in any existing or future media. You also grant us the right to sub-license the rights licensed above.
When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may publish, remove or edit your Submissions.
You hereby waive all your moral rights in the Submissions to the maximum extent permitted by applicable law. You warrant and represent that all other moral rights in the Submissions have been waived to the maximum extent permitted by applicable law.

14.2 Personal Data and Privacy Policy
During your access to the Platform and Services, your Service Account registration, purchase of Goods and/or application or subscription of Services, personal data and other information (“Data”) may be collected, used, disclosed and retained by HKIDFSA in accordance with the requirements in the Personal Data (Privacy) Ordinance and our Privacy Policy, which governs, together with the applicable terms and conditions of the relevant transactions, how the Data is collected, retained, used and to whom it is disclosed. You acknowledge that you have read and agreed to the Privacy Policy (which is accessible through the Platform) and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

15. Termination

15.1 Termination by us
In our sole discretion, we may with immediate effect upon giving you notice, suspend or terminate your use of the Platform and/or Services and/or any of your Service Account and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or any applicable terms and conditions or where if we believe that you have violated or acted inconsistently with any applicable terms or conditions, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
Without prejudice to our other rights under these terms and conditions, if you breach, or if we reasonably suspect that you have breached, any of these Terms of Use or other applicable terms and conditions in any way, we may also:

1. block computers using your IP address from accessing the Platform and/or Services;
2. contact any or all of your internet service providers and request that they block your access to the Platform and/or Services;
3. commence legal action against you, whether for breach of contract or otherwise; and/or
4. suspend or delete your account.

15.2 Termination by you
You may request for cancellation of your Service Account by giving 7 days’ advance notice in writing to us at the contact details on the relevant Platform.

16. General

16.1 Electronic Communications
We may communicate with you by posting notices through the Platform and other means as we determine to be appropriate. You agree that all agreements, notices and other communications that we provide to you electronically or by SMS/MMS via mobile phone or other means as determined by us satisfy any legal requirement that such communications be in writing.

16.2 Cumulative rights and remedies
Unless otherwise provided, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

16.3 No waiver
Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect our right later to enforce these Terms of Use. Where you breach these Terms of Use, we would still be entitled to use our rights and remedies in any other situation.

16.4 Severability
If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.

16.5 Rights of third parties
Save for the group companies or Affiliates of HKIFDFSA, no other person who is not a party to these Terms of Use has any right under Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong to enforce any term and/or benefit of these Terms of Use.

16.6 Governing law
Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong (“Hong Kong”). The courts of Hong Kong shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any dispute, which may arise out of or in connection with these Terms of Use.

16.7 Injunctive relief
We may seek immediate injunctive relief if we determine in good faith that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

16.8 Amendments
We may by notice through the Platform or by such other method of notification as we may determine, amend the terms and conditions of these Terms of Use. Such amendments shall take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such amendments. If you do not accept the amendments, you must stop accessing or using the Platform and the Services and terminate these Terms of Use.

16.9 Binding and conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale (which include any linked policies and notices) (“Terms and Conditions of Sale”), apply to your purchase of goods and/or service (“Goods”) through HKIDFSA at www.hkidfsa.org (collectively “Website” for the purpose of these Terms and Conditions of Sale). If you purchase or apply for any products or services on or through HKIDFSA Shopping Website, such transaction are governed by the relevant policy documents and terms and conditions and are not governed by these Terms and Conditions of Sale. You agree to be bound by these Terms and Conditions of Sale and all the associated policies which may be published or revised from time to time by us without further notice to you. Unless otherwise defined, capitalised terms shall have the meaning as defined in the Terms of Use.

1. Purchases / Redemption

a.     All Goods on the Website are sold by us or Supplier (as defined in Clause 15 of these Terms and Conditions of Sale). We or Supplier however do not warrant the accuracy of the descriptions of all Goods on the Website. You warrant that you have not relied on any such descriptions (including but not limited to the wordings, pictures, photos, specifications, videos, or audios) made by or on behalf of us or Supplier on the Website and you agree that we or Supplier shall have no liability over such descriptions.

b.     To make purchases or redemption on the Website, you must have registered as a member with us on the Website. Some goods and/or services offered by us may only be lawfully purchased or consumed by you if you are aged 18 or above, or if you have obtained the required permit, licence, or permission. By registering and/or placing an order with us on the Website to purchase goods and/or services, you are making a statement, upon which we may rely upon, that you are aged 18 or above, capable of forming a legally binding contract and lawfully completing your purchases or redemption.

c.     When you place an order on the Website to purchase or redeem goods and/or services (“Purchase / Redemption Order”), your Purchase / Redemption Order is an offer to us or relevant Supplier(s) (as defined in Clause 15) (as the case may be) to purchase or redeem the Goods which may or may not be accepted by us or the relevant Supplier(s) (as the case may be). In addition to these Terms and Conditions of Sale, purchase of any Goods on HKIDFSA may be subject to other terms and conditions specific to that Goods (“Additional Terms”). Any Additional Terms will be made known to you prior to your purchase / redemption. Where there are Additional Terms for the sale of any Goods, by placing an order to purchase such Goods, you agree to be bound by the Additional Terms. In the event that there is any inconsistency between the Additional Terms and any part of these Terms and Conditions of Sale, the provisions in the Additional Terms shall prevail in respect of the purchase / redemption to which the Additional Terms apply.

d.     Once you have sent a Purchase / Redemption Order on the Website, such Purchase / Redemption Order shall be deemed to be irrevocable and unconditional. You agree for us or the Supplier to process the Purchase / Redemption Order in accordance with these Terms and Conditions of Sale, Additional Terms (if applicable) and any other applicable terms and conditions without further reference to you.

e.     We or Supplier (as the case may be) reserve the right not to accept any Purchaser / Redemption Order from you in our absolute discretion. If you have placed a Purchase / Redemption Order and if your Purchase / Redemption Order is accepted by us, you will receive from us a purchase order confirmation via email or any such means as we or Supplier (as the case may be) determines as appropriate. Each Purchase Order shall form a legally-binding agreement (“Customer Contract”). If the Goods are sold by us, such Customer Contract shall be entered between you and us; and if the Goods are sold by Supplier, such Customer Contract shall be entered between you and Supplier. You may also view your order which has been accepted by us through the email invoice or order history section of your account with HKIDFSA (“Service Account” for the purpose of these Terms and Conditions of Sale).

f.      We also reserve the right at our sole discretion to decline, cancel, terminate, change or withhold any order or Customer Contract for any reason (including without limitation where the Goods is out of stock, or in the event of a pricing error on the Website), even though you may have received a confirmation of your order from us or already paid for the Goods. We will contact you through such means as we determine appropriate to inform you of our decision. You agree that we will not be obliged to make any compensation to you or be liable for any loss and damage you may suffer as a result.

g.     We also reserve the right at our sole discretion (i) to specify the payment method for each purchase / redemption; (ii) to specify the pickup method for each purchase / Redemption (whether by delivery, collection at our designated location(s) or other means so designated by us); (iii) to limit the quantity of the Goods purchased / redeemed per order, per product or per service or per customer, and/or per Service Account; (iv) to limit the amount that may be settled by a particular payment method during a period specified by us; and/or (v) to modify the method of processing refunds at any time without any notice to you. These restrictions may be applicable to orders placed by the same customer or Service Account or to orders that use the same billing and/or delivery / collection address. We will notify you of any changes at such time and using such means as we determine as appropriate. We further reserve the right at our sole discretion to prohibit sales to dealers or wholesalers.

h.     We accept VISA, Mastercard, Tap & Go Mastercard card, Apple Pay and Alipay HK.
Interest-free monthly instalment options:

i.       All risks of any purchased / redeemed products will be transferred to you at the time of delivery of the products to you. If the products are delivered by way of e-locker, the risks will be transferred to you at the time of your pick up at the e-locker. If the products are delivered by way of redemption e-mail, redemption QR code (virtual products) or redemption letter, then the risks will be transferred to you when HKIDFSA send out the relevant redemption e-mail, redemption QR code or redemption letter to you. Upon receipt of full payment for the purchased goods by HKIDFSA, the ownership of all purchased / redeemed goods will be transferred to you when the risks are transferred to you at the abovementioned time.

j.       If you register, connect or log into the Website with your existing HKIDFSA account, HKIDFSA will have continuous access to the information available at your account, including but not limited to contact information.

2. Availability

a.     Goods available for purchase or redemption on HKIDFSA may be provided by us or a Supplier (as defined in Clause 15 of these Terms and Conditions of Sale) as the case may be. We and our affiliates do not sponsor, endorse or recommend, expressly or impliedly, any third party product, service, information or content provided by any Supplier through HKIDFSA.

b.     Goods available for purchase or redemption on HKIDFSA may be subject to limitations and applicable terms of supply imposed by us or a Supplier (as the case may be) as shown in the Website. Limitations and terms of supply may include any laws, regulations, rules or restrictions from countries to which Goods may be delivered; pricing and payment terms; order and delivery details; return, refund and cancellation policies; product and service warranties; and other contract terms, and they are subject to change from time to time without prior notice. You should carefully review and ensure strict compliance with these limitations and terms of supply.

c.     The specifications of the Goods, including sizes, dimensions, weights, measures, colors, capacities and other product features or descriptions, provided on HKIDFSA are for reference and convenience purposes, and slight variations with actual specifications of the Goods may occur.

d.     All items of Goods included in HKIDFSA are available only at our discretion or the discretion of Supplier (as the case may be) and such Goods may be withdrawn or varied at any time without prior notice.

3. Warranty

a.     If any part of the total Fees for the Goods has not been paid in full by the payment deadline, we or Supplier shall have no liability.

b.     Warranty with respect to the Goods, if any, will be provided by the Supplier (“Supplier Warranty”) and shall be subject to the Supplier Warranty’s own terms and conditions. We and our affiliates shall not in any way be liable, directly or indirectly, for any losses or damages which you, any user of the Goods or any other parties may incur or suffer as a result of the use of the Goods (or any part thereof), unless the same was caused by gross negligence or wilful default of us or our authorised representatives.

c.     We and our affiliates shall also not be responsible for any liability or risk regarding or arising from the Supplier Warranty. In the event of fault, defect in workmanship and material or faulty design of the Goods, you may, return the Goods, directly to the Supplier for repair or replacement (as determined by the Supplier) within the relevant Supplier’s warranty period at your own cost subject to the Supplier Warranty’s own terms and conditions. We and our affiliates shall not be responsible or liable for anything related to the Supplier Warranty of such Goods.

d.     We or Supplier will not represent or warrant the state, quality, condition or fitness of the Goods for any particular purpose, nor guarantee that the Goods meet any specifications, requirements, or any customary practices.

e.     We or Supplier shall not be liable for any actions or omissions of you or third parties and the consequences thereof, nor shall we or Supplier be liable for any defect in or damage of the Goods arising after the expiry of any applicable Supplier Warranty.

f.      We or Supplier shall not be liable for any state or condition of the Goods or any defect of it which is a result of fair wear and tear, wilful misconduct, negligence, inappropriate use, improper alteration, or any repair or changes made to the Goods by you or any third parties without our approval.

g.     We or Supplier disclaim any liability for any direct or indirect losses or damages suffered by you or any third party caused by any changes or work done to the Goods without our prior written approval. You agree that you shall indemnify us and/or Supplier against all losses and damages arising out of or in relation to such claims.

4. Return for refund

a.     You acknowledge that not all Goods purchased on HKIDFSA are available for a return for refund. Currently, HKIDFSA offers refund if purchased product is damaged or defective or not the product you have purchased. All returns shall be done in accordance with and subject to our Return Policy. Please refer to our Return Policy – FAQs for more details on the requirements, steps and timeline on return for refund.

b.     We shall not be obliged to provide or accept any return for the Goods purchased on HKIDFSA or refund or waive any part of the Fees or any shipping/delivery fees any part thereof. HKIDFSA reserves the right to charge you for a HK$100 or such amount as HKIDFSA sees fit administrative fee if any return request is found to be malicious. You agree that in case of any disputes, our sole determination shall be final and binding.

c.     All refunds shall be conditional upon our acceptance of a valid return of the Goods. All refunds (if accepted by HKIDFSA) shall be made via the original payment method and to the person who made the original payment. You agree that we will not guarantee the timeliness of refunds. In the event that any cost or expense is charged in relation to the refund process by the processing card institution or payment processing company, you shall bear that cost or expense unless otherwise stated.

d.     You agree that you shall solely be responsible for the decision to return for refund and we shall not be liable for any losses and damages suffered in relation to or arising out of any return request for refund.

e.     The redeemed Rewards & merchandises purchased at HKIDFSA are non-refundable. In case of damage, please contact our customer service at info@hkidf.com.hk

5. Delivery

a.     All deliveries shall be done in accordance with and are subject to our Shipping Policy. Please refer to our “Shipping & Delivery” Policy for more details on charges, delivery area coverage and timeframe.

b.     Notwithstanding the above clause 5(a), we may specify the pickup method for each purchase of the Goods, whether by delivery to the delivery address you provide, collection at our designated location(s) or other means so designated by us. Delivery of the Goods to such delivery address or collection of the Goods by you or such other person on your behalf at our designated location or by other means so designated by us shall be deemed due and proper delivery to you and you shall have no claim against us or we shall not be liable to you for any losses and damages in relation to or arising out of such claims.

c.     Our delivery services offer up to two delivery attempts. If we cannot deliver the Goods in two attempts, we will arrange redelivery and reserve the right to charge you for an additional fee. In any event, if the Goods are still not or cannot be received by you after the specified time frame (being 30 days after the date of purchase unless otherwise specified) for any reason whatsoever, we shall have the sole discretion to dispose of the Goods without any liability and you will not be entitled to any refund or set off from us for any price paid. You shall have no claim against us for any loss suffered and any outstanding Fees in respect of such Goods will remain due and payable by you.

d.     While we shall endeavor to ensure that the Goods you ordered at HKIDFSA will be available as soon as practicable, we do not in any way warrant that the Goods will be available by the date or by the delivery / collection method as per your confirmed order; and to the extent permitted by law, we shall not be responsible in any way for any loss or damages suffered by you or any person as a result of any delay or failure in delivery / availability for collection of the Goods or any damage of the Goods during transportation.

e.     No delivery arrangement is applicable for all the goods purchased on HKIDFSA.

f.      The delivery details of Rewards, please refer to the delivery details in Rewards description page.

6. Health, Safety and Product Warnings

Certain Goods available on HKIDFSA may not be suitable for children under a certain age or may require parents to supervise/demonstrate the use of such Goods by children (e.g. children’s products). It is your sole responsibility to read and use the Goods in accordance with all applicable safety labels, health warnings, assembly instructions and other cautionary notices and directions, and to ultimately determine whether a particular product or service is appropriate for use by children taking into account their age and skill level. If you are in doubt about the use or safety of a particular Goods, contact the manufacturer or supplier in question, or consult the necessary professional for advice.

7. Children

We may sell children’s products or services for purchase by adults. We do not sell Goods for purchase by children. If you are under 18, you may not use HKIDFSA. There may be some Content on HKIDFSA which is not suitable for viewing by persons under 18 years of age. You are solely responsible for checking the identity and/or age of any person who wishes or intends to view HKIDFSA before you permit that person to view HKIDFSA.

8. Other Businesses

Parties other than us and our Affiliates sell products or provide services through HKIDFSA or through links to the websites of other businesses. We shall not be responsible for and we do not warrant or endorse, the offerings of any of these businesses or the content of their websites. HKIDFSA does not assume any responsibility or liability for the actions, omissions, products or content of any of these businesses or any third parties. Certain products or services available on HKIDFSA may require you to interact or deal with Supplier directly and we will not participate in any such interaction, dealing, transaction or negotiation which is solely between you and Supplier. When ordering these products or services, you should be aware that you are solely responsible (and we cannot be held liable in any way) for all aspects of any interaction, dealing, transaction or negotiation in which you choose to participate with Supplier through the use of HKIDFSA, including, without limitation, resolving any disputes, conflicts or claims of any nature which may arise from any such interaction, dealing, transaction or negotiation.

9. Liability

In connection with your use of HKIDFSA, the Goods and the supply of products, services and information purchased or obtained through HKIDFSA, you agree that:

a.     to the extent permitted by law, all express or implied warranties, representations or statements relating to the Goods which are not contained on the Website are excluded;

b.     to the extent permitted by law, we and our Affiliates exclude all liability or responsibility for any cost, claim, damage or loss to you or any person whether direct or indirect of any kind, including loss of revenue, loss of profits or any consequential loss in contract, tort, under any statute or otherwise (including negligence) arising out of or in any way related to your use, purchase or redeem of the Goods on HKIDFSA; and

c.     notwithstanding any other provision of these Terms and Conditions of Sale, our total liability to you or to any other party for all losses under, arising out of or relating to the sale of Goods under each Customer Contract on HKIDFSA shall be limited to the total amount paid by you to us for the Goods under such Customer Contract.

10. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to HKIDFSA, these Terms and Conditions of Sale and all related policies and notices at any time; and any such amendments shall be effective as soon as an amended version is posted on the Website (unless otherwise specified by us). Your use of HKIDFSA following any such amendments constitutes your agreement to follow and be bound by the terms as amended. You will be subject to these Terms and Conditions of Sale and all related policies and notices in force at the time you use or visit HKIDFSA, or when you order or redeem Goods on HKIDFSA. You should visit the Website regularly from time to time to review the current Terms and Conditions of Sale of (www.hkidfsa.org/terms-and-conditions) because they are binding on you. If any provision of these Terms and Conditions of Sale or related policies or notices is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

11. Causes Beyond Our Reasonable Control

We shall not be held responsible or liable for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.

12. Goods to be delivered to a place outside Hong Kong

Delivery location is limited to Hong Kong.

13. Assignment

We may assign, transfer, and/or sub-contract the whole or any part of the rights and/or obligations contained in these Terms and Conditions of Sale to any person and/or entity at any time without any notice to you.

14. Governing law and jurisdiction

These Terms and Conditions of Sale are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

15. Miscellaneous

The English version of these Terms and Conditions of Sale shall prevail over versions in other languages. We will translate the most important information for your browsing, shopping, and communications. Our translations are provided for your convenience only. References to “Supplier” are references to any third party supplier of Goods from whom you may purchase through HKIDFSA in accordance with these Terms and Conditions of Sale.

Last Updated: Apr 28, 2022