Terms and Conditions
Terms & Conditions
________________________________________
Terms & Conditions
________________________________________
General Terms and Conditions
1. Services
1.1 We are Hong Kong TV Shopping
Network Company Limited, a wholly owned subsidiary of hkCheap Company
(collectively "we", the "Company" or "HKCHEAP")
and we own and operate the site. Our site facilitates a convenient way to shop
online and to enjoy watching entertainment content round-the-clock over the
Internet, including by using our applications or software (“services”).
1.2 By using our site you agree to be
bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to make changes to
these terms and conditions from time to time without providing any prior
notification. The amended terms and conditions are effective from the date they
are published on our site. Your continued access and use of our site and our
services shall represent your unconditional acceptance of the latest version of
the terms and conditions.
1.4 The meaning of some words used in
these terms and conditions:
1.4.1 “we”, “us” or “our” is a reference to
(name of person or company providing the services).
1.4.2 “you” or “your” is a reference to the
person to whom we are providing the services or delivering merchandise and who
is required to pay for the merchandise delivered.
1.4.3 “Content” means all text, graphics,
logos, icons, photographs, images, moving visual representational images or a
combination of sounds and such images, audio, computer programs, and other
material featured, displayed or used in or in relation to our site.
1.4.4 “merchandise” means the goods
(including without limitation food and beverages) or services you ordered
through our site, which you will pay for.
1.4.5 “intellectual property rights” means
any and all patents, trade marks, rights in domain names, rights in designs,
copyright and database rights (whether registered or not and any applications
to register or rights to apply for registration of any of the foregoing),
rights in confidential information and all other intellectual property rights
of a similar or corresponding character which may subsist now or in the future
in any part of the world.
1.4.6 “services” has the meaning given in
clause 1.1.
1.4.7 “supplier” means the seller and
supplier of the merchandise you ordered through our site.
1.4.8 “site” means our HKCHEAPmall’s
website located at www.hkCheapmall.com, and any associated sites linked to it,
and our HKCHEAPmall app.
1.4.9 “User Content” has the meaning given
in clause 14.1.
2. Registration
2.1 You are required to register with
us when you use the services or place an order. By registering you are making a
statement, upon which we are entitled to rely, that you are aged 18 years or
above and capable of forming a legally binding contract.
2.2 You represent to us and to all
suppliers of the merchandise through our site that all purchases made by you
through our site will be within the scope of your authority to conclude
contracts.
2.3 In consideration of your use of
our services, you agree to:
2.3.1 provide true, accurate, current and
complete information about yourself when filling out our registration form; and
2.3.2 maintain and promptly update your
registration information to keep it true, accurate, current and complete. If we
have reasonable grounds to suspect that any information is untrue, inaccurate,
not current or incomplete, we have the right to suspend or terminate your
registration.
3. Order
3.1 Except where otherwise explicitly
specified, we are not the seller or supplier of the merchandise. We are
responsible for managing and administering the site, arranging order processing
and where applicable, fulfillment for the merchandise you ordered from the
suppliers through our site.
3.2 When you place an order you are
making an offer to buy from the supplier the merchandise you have specified at
the price stated for those merchandise. You cannot cancel an order once it has
been submitted, even if our acceptance or rejection of your order is still
pending.
3.3 We will acknowledge your order to
confirm that we have received your order by email. The confirmation will
provide:
3.3.1 details of what you have ordered,
3.3.2 details of the price charged,
3.3.3 information about the progress of
your order, and
3.3.4 estimated dispatch and delivery
information.
This communication will be our acceptance
of your order on behalf of the supplier. You may track your order status
online.
3.4 Our acceptance of your order will
only cover the merchandise mentioned in it and may not cover all the
merchandise you ordered. If this is the case, then the order you made for the
remaining merchandise will only be accepted when we send a further acceptance
of that part of your order.
3.5 The availability of the
merchandise is as shown online and will be updated regularly by the supplier.
They should not be relied on as definite statements as to whether the
merchandise you wish to purchase are actually in stock.
3.6 We reserve our right not to accept
or cancel an order for any reasons at our sole discretion, including without
limitation:
3.6.1 no sufficient stock to deliver the
merchandise you have ordered;
3.6.2 no delivery can be arranged for your
area; or
3.6.3 one or more of the merchandise you
ordered was listed at an incorrect price due to a human or computer error or an
error in the pricing information provided by the supplier.
3.7 If we cancel your order we will
notify you by email and will credit to your account any sum deducted by us from
your credit card as soon as possible but in any event within thirty (30) days
of your order. You accept that we will not be obliged to offer any compensation
for disappointment suffered.
4. Price and Payment
4.1 We will use all reasonable
commercial endeavors to display accurate and up to date prices on our site.
However, because prices of the type of merchandise for sale are often updated
by the supplier we cannot state the definite price until we send you our
acceptance of your order.
4.2 If the price of the merchandise is
higher at the time we are ready to send our acceptance of your order to what it
was at the time you placed your order then we will either:
4.2.1 cancel your order, or
4.2.2 contact you to ask you whether you
wish to pay the higher price or cancel your order.
4.3 If the order is cancelled by us,
if you have already made any payment, we will make a refund on any sum deducted
by us from your credit card. You agree and accept that we will not be obliged
to offer any compensation for disappointment suffered.
4.4 We only accept credit card
payments made by Visa and MasterCard. When you place an order you authorise us
to debit the credit card you specify on your order for the amount of the order
at the time we send our acceptance of your order and you represent to us that
you shall be authorised to make such payment. Title in the merchandise does not
pass to you until payment has been received.
4.5 We use third party payment
services to process online transactions. When you place an order, you agree and
accept that your credit card information will be collected, processed, and kept
by us and a payment service provider subject to its terms and conditions. You
agree and accept that you are solely and exclusively responsible for any losses
incurred or sustained by you in making credit card transactions, and in no
event shall any such losses in whole or in part be borne by us.
5. Delivery
5.1 We reserve the right to decline
delivery at our sole discretion.
5.2 You will become the owner of the
merchandise you have ordered, and will hold the merchandise at your own risk,
once the merchandise is delivered to the delivery address assigned by you. Such
address may be an address of a third party logistics service provider engaged
by you for onward delivery of the merchandise overseas.
Delivery in Hong Kong
5.3 We only make deliveries in the
specified areas of Hong Kong from Monday to Sunday except on the first two days
of the Lunar New Year and when typhoon warning signal No. 8 or above or black
rainstorm warning is in force. We currently do not make deliveries to remote
areas and outer islands, and buildings without elevator facility. If we decline
delivery, you agree and accept that you will collect your ordered merchandise
from our logistics centre and under no circumstances will we accept cancellation
of order or refund.
5.4 We will deliver the merchandise
ordered by you to the address you give us for delivery at the time you make
your order through our staff or a third party provider. You agree to present
your photo identification upon request when you acknowledge receipt of the
merchandise. The merchandise shall be, and shall be deemed to be, delivered and
accepted by you when the merchandise are delivered to the address you give us
for delivery. You agree and accept that we are entitled, at our option, to
charge you additional costs or cancel your order without any refund or
compensation to you in the event of your failure to accept delivery for
whatever reasons.
5.5 Unless otherwise specified, we
will use all reasonable commercial endeavors to make delivery within 24 hours
after your order is accepted. Subject to prior online arrangement, you may be
offered to select from any one of the delivery timeslots available at the time
you make your order.
5.6 We may deliver the merchandise in one
or more instalments, and some of the merchandises may be delivered directly
from suppliers. Any times and dates given for dispatch of merchandise, or the
length of time that merchandise will take to be delivered, are only estimates.
If we are unable to meet any stated dispatch or delivery dates or times we will
inform you as to the progress of your order. You agree and accept that under no
circumstances will we accept cancellation of order or refund.
5.7 In circumstances where merchandise
is delivered by suppliers, you agree and accept that the supplier shall be
solely responsible to you for delivering the merchandise in accordance with the
delivery arrangement as agreed between you and the supplier.
5.8 Unless otherwise specified, please
refer to our site (including our applications and software) for details of the
delivery charges and free delivery threshold. We reserve the right to amend the
free delivery threshold at any time and from time to time.
Delivery outside Hong Kong
5.9 You acknowledge and agree that any
delivery of the merchandise you ordered from us to any locations outside Hong
Kong (“Overseas Delivery”), where applicable, shall be contracted directly
between you and the designated logistics service providers and that any
responsibilities and liabilities arising therefrom shall be between you and
logistics providers.
5.10 We disclaim any responsibilities and
liabilities, whether express or implied, arising out of or in connection with
Overseas Delivery. You expressly agree not to claim or hold us liable in this
regards.
6. Returns or Exchanges
6.1 Unless otherwise specified, no
return or exchange of merchandise will be accepted. Please read the returns or
exchanges policy as specified by the supplier carefully before you place an
order.
6.2 Subject to the returns or
exchanges policy of individual supplier, merchandise may be returned or
exchanged within seven (7) days of receipt if the merchandise you ordered are
faulty, defective or damaged (with no fault on your part), or the merchandise
are not what you ordered, or the delivery is of an incorrect quantity, provided
that:
6.2.1 the returns or exchanges policy
applies;
6.2.2 the merchandise is unused and in the
condition originally sold together with all parts and accessories which are
provided with the merchandise including manuals, certificates, labels, tags,
consumables, bags, and boxes;
6.2.3 the packaging of the merchandise must
be in the condition in which it was delivered to you; and
6.2.4 a request for return or exchange is
sent to our customer service representative via Live Chat and the merchandise
is returned to the supplier through free pick up from us at the delivery
address within a limited period specified by the supplier or through other
means.
6.3 You agree and accept that
merchandise accepted for returns are only eligible for refund in the form of
Mall Dollar (Refund) carrying with an expiry date for your next purchase. No
cash refund will be offered. If any promotional discount was applied to the
total purchase amount at time of purchase, you will be refunded Mall Dollar
(Refund) in the amount paid at the time of purchase for that item. If you have
used Mall Dollar (Refund) on the purchase, the accumulated Mall Dollar (Refund)
will be deducted from your user account. You agree and accept that all Mall
Dollar (Refund) will be cancelled when your user account is terminated.
6.4 You agree and accept that
merchandise is acceptable for exchange subject to stocks availability.
6.5 You agree and accept that it will
be at the supplier’s sole discretion whether the merchandise is accepted for
return or exchange. Under no circumstances will we accept the return of any
merchandise directly to us or be held liable for your damages for whatever
reasons.
7. Insurance Products
7.1 The insurance products offered on our
site are provided and underwritten by insurance providers authorised by the
Insurance Authority to carry on insurance business in Hong Kong.
7.2 Any contract entered for an insurance
product will be between you and the insurance provider. All insurance products
are subject to the terms and conditions of the contract between you and the
applicable insurance provider, which includes without limitation the content
displayed on the insurance product page of our site.
7.3 No insurance coverage shall be
construed as bound or in force unless and until a policy number is issued by
the insurance provider to you.
7.4 We are an authorised insurance agent
for the insurance providers. Premiums will be payable to the insurance
providers and we will receive commission from the insurance providers as
remuneration.
7.5 Our role is limited to distributing the
insurance products only and we shall not be responsible for any matters in
relation to the insurance products provided.
7.6 We are not rendering financial, legal,
accounting or tax advice in any way. You are reminded to review the relevant
product materials provided to you by the insurance provider and seek
independent advice if necessary.
8. Disclaimer of Citi HKCHEAPmall Card
Payment Channel
There will be no chargeback mechanism nor
dispute handling under the credit card association (VISA) for Citi HKCHEAPmall
Card Payment Channel Transaction (which will not be processed through credit
card association). In addition, no Citi ThankYou Rewards Points, cash or any
other forms of rebates will be granted by Citibank for Citi HKCHEAPmall Card
Payment Channel Transaction, unless otherwise specified by Citibank.
9. Wet Market Express
9.1 By using Wet Market Express, you agree
to be bound by these terms and conditions. Your continued access and use of Wet
Market Express shall represent your unconditional acceptance of the latest
version of the terms and conditions.
9.2 Except where otherwise specified, we
are not the seller or supplier of the food or other merchandise you order on
Wet Market Express. Any contract entered for sale or supply of the food or
other merchandise shall be between you and the respective seller or supplier
and subject to the terms and conditions of such contract. We shall
not be responsible but seller or supplier of food and merchandise shall be
solely responsible to you for any liabilities in relation to the food or the
merchandise, in particular, its quality, safety, merchantability, fitness for
human use or consumption.
9.3 You acknowledge and accept that:
9.3.1 confirmed orders cannot be cancelled
or changed and payment made for confirmed orders are non-refundable;
9.3.2 for unconfirmed orders where you have
made payment, your payment will be refunded to your original payment account
within five (5) days and Mall Dollars used in the order will be automatically
refunded to your account within the next working day; and
9.3.3 food and merchandise ordered by
you will be disposed without notice and without any refund of payments or Mall
Dollars to you if you fail to pick-up the delivery and therefore you shall
select carefully the pick-up time before you confirm order.
9.4 When you make a payment on Wet Market
Express you authorise us to receive payments from the payment gateway you
choose or to debit the credit card specified in your account for the amount
notified to you at the time of making such payment, and you represent to us
that you shall be authorised to make such payment.
9.5 In the case of any payment failure, any
Mall Dollars or coupons used in the unsuccessful order will be restored to your
account within one (1) hour where possible and in any event within one (1)
business day.
9.6 Unless otherwise specified, the Mall
Dollar rebates at Wet Market Express cannot be used in conjunction with the
other Mall Dollar rebates or credit card promotions.
10. EcoMart
10.1 By using EcoMart, you agree to be
bound by these terms and conditions. Your continued use of EcoMart constitutes
your unconditional acceptance of the most current version of these terms and
conditions.
10.2 The full function of EcoMart is
only available for registered members who have logged in to HKCHEAPmall. For
non-logged in or non-registered members of HKCHEAPmall, they are allowed to
browse the EcoMart page only.
10.3 EcoMart is a second-hand trading
platform specially designed for HKCHEAPmall members. You can only trade at
EcoMart in your personal capacity and we do not accept the listing of goods or
services in the name of groups, organizations, companies, institutions or
corporations (except for successfully registered charitable organizations) in
order to eliminate any form of commercial sale or promotion.
10.4 We reserve the right to suspend and
permanently terminate your EcoMart account in any case without prior notice if
we suspect any breach of these terms and conditions including without
limitation to that the information you have provided about your goods or
services is incorrect, inaccurate, out of date, incomplete, misleading or the
offer of your goods or services or the transaction breaches any applicable
laws.
10.5 You agree to the following terms and
you represent, warrant and covenant:
10.5.1 To protect the confidentiality of
your accounts and passwords, and not to share your account with others.
10.5.2 All information of other users,
including user accounts, account names, real names, mobile numbers, email
addresses, addresses, etc., will be kept confidential and will not be disclosed
to third parties intentionally or unintentionally.
10.5.3 You understand that all transactions
are confidential, including any information provided by the other party, the
content, location and timing of the transaction.
10.5.4 You understand that all transactions
are negotiated and concluded between the users and that HKCHEAPmall is only
responsible for providing a trading platform and is not involved in nor
participates in any transaction in any form and will not be liable for any
dispute, loss or damage.
10.5.5 You are solely responsible for all
user generated content (“User Content”), including but not limited to, the
content of the goods and services provided, including data, text, files,
images, photographs, sounds, videos, messages, tags or other materials in
public or private communications. All User Content you provide are correct,
complete and not misleading in any way and do not breach any intellectual
property rights or other rights of third parties or any applicable laws. We are
not responsible for the content of any User Content provided by you or other
users.
10.5.6 The goods you offer are obtained
legally, the transaction or the offer of your goods or services will not breach
any applicable laws, including without limitation the Trade Descriptions
Ordinance (Cap. 362) nor breach any intellectual property rights or other
rights of third parties.
10.5.7 You may not trade under the name of HKCHEAPmall
or EcoMart in any form, nor may you use, alter, obscure or imitate the logos or
trademarks of HKCHEAPmall or EcoMart, or any graphics or logos reminiscent of HKCHEAPmall
or EcoMart. If discovered, HKCHEAPmall reserves the right to pursue all legal
action and recover all damages from you.
10.5.8 You will not engage in any unethical
transactions through EcoMart, including but not limited to causing or
encouraging others to commit illegal acts, etc.
10.5.9 You agree that if a transaction is
successfully conducted in the "exchange" mode, the transaction
records (including product photos, product names and usernames) will be made
public at EcoMart.
10.5.10 You agree that in the “buy &
sell” mode, both parties may cancel the transaction within 14 days of
acceptance of the offer.
10.5.11 You agree that in the “exchange”
mode, both parties may cancel the transaction within 14 days of acceptance of
the offer.
10.5.12 You agree that in the
"gift" mode, the user who is giving away the goods or service may
cancel the transaction within 14 days of acceptance of the request by another
user.
10.6 HKCHEAPmall makes no representations
or warranties about any goods or service placed on the home page. You may
respond as you like, including liking, adding goods or services to your
favourite list, contacting sellers, making offers or exchanging, while taking full
responsibility for your actions.
10.7 HKCHEAPmall will not be liable for any
claims, losses or damages that you may suffer directly or indirectly as a
result of your purchase of any goods, services or coupons through EcoMart, no
matter how it is caused (including omissions or negligence).
Violation of rules and regulations
10.8 You warrant, represent and covenant
that you will not commit any of the violations listed below. If you violate the
terms and conditions, HKCHEAPmall reserves the right to immediately delete your
uploaded content, including but not limited to images, videos, text, comments,
etc., without prior notice, and to suspend or permanently terminate your
authority right of use in EcoMart indefinitely:
10.8.1 Upload or post content, goods or
services that are unlawful, harmful, threatening, abusive, harassing, or
potentially infringing, vulgar, obscene, defamatory, invasive of another's
privacy, hateful, offensive, contain sensitive words or otherwise inappropriate.
10.8.2 To demand, sell, exchange, give
away, or give any living creature (including but not limited to cats, dogs,
rabbits, birds, etc.), any infringing goods/services, stolen goods, obscene and
indecent articles, explosives, firearms, ammunition and prohibited weapons,
controlled and dangerous chemicals and infectious substances, strategic
commodities, dangerous drugs, pharmaceuticals and medicines, and proprietary
Chinese and herbal medicines and any goods/services prohibited or regulated by
law.
10.8.3 Without the permission of HKCHEAPmall,
upload information or content containing advertising or promotional purposes to
EcoMart in any form or through any channel.
10.8.4 To advertise goods or services and
conduct advertising or promotional activities in the name of a group,
organization, company, institution or corporation (except for successfully
registered charitable organizations).
10.8.5 Impersonate any person, group,
organization, institution or corporation, or make untrue statements or other
false representations by falsely stating or misrepresenting a relationship with
any person, group, organization, institution or corporation.
10.8.6 Use, alter, obscure or imitate the
logos or trademarks of HKCHEAPmall or EcoMart, or any graphics or logos
reminiscent of HKCHEAPmall or EcoMart.
10.8.7 To induce, deceive, or defraud
another person of goods, services, or money in any way or violate any
applicable laws including but not limited to money laundering and terrorist
fundraising activities.
Charity Account
10.9 Only charities exempt from tax under
section 88 of the Inland Revenue Ordinance are eligible to register for a
charity account with HKCHEAPmall. The application must be approved by HKCHEAPmall
and must comply with the relevant terms and conditions before the relevant
services and privileges of HKCHEAPmall and EcoMart can be used.
10.10 To apply for a charity account,
applicants must provide a copy of the organization's business registration card
and personal information (including full name in English and Chinese,
organization title, contact phone number and email address, etc.) for
verification of application information and contact purposes.
10.11 HKCHEAPmall is not responsible for
the links and other web pages provided by charity accounts.
10.12 HKCHEAPmall is not a seller or
supplier of goods or services. Any transaction disputes will be negotiated and
handled by the users. HKCHEAPmall will not intervene in any way unless required
by law.
10.13 We reserve the right to make changes
to these terms and conditions from time to time without providing any prior
notification. The amended terms and conditions are effective from the date they
are published on our site.
10.14 These terms and conditions are
governed by the laws in force in Hong Kong. In case of any dispute under these
terms and conditions, HKCHEAPmall reserves the right of final decision.
11. Disclaimer of Warranties and Limitation
of Liability
11.1 We do not represent or warrant
that access to our site (including using our applications or software), or any
part of it, will be uninterrupted, reliable or fault-free.
11.2 We do not represent or warrant to
you that our site or any of its contents (including the product filters and the
results obtained from the use of product filters) will be accurate, complete or
reliable. You agree that the product filters are for your reference only.
11.3 We do not represent or warrant
that:
11.3.1 any services (whether or not
provided by us) will be provided with due care and skill; or
11.3.2 any merchandise (whether or not
provided by us) will be of merchantable quality or will be fit for any purpose
(even if that purpose has been previously notified to us).
11.4 You agree that no data
transmission over the Internet can be guaranteed as totally secure. Whilst we
strive to protect such information, we do not warrant and cannot ensure the
security of any information which you transmit to us. Any information which you
transmit to us is transmitted at your own risk.
11.5 To the extent permitted by law,
we exclude all liability (whether arising in contract, tort or otherwise and
whether or not due to our negligence) which we may otherwise have to you as a
result of:
11.5.1 any technical, factual, textual or
typographical inaccuracies, errors or omissions on or relating to our site
(including using our applications or software) or any information on our site;
11.5.2 the unavailability of our site (or
any part of it), merchandise or services;
11.5.3 any delay in providing, or failure
to provide or make available, merchandise or services, or any negligent
provision of merchandise or services;
11.5.4 any merchandise not being of
merchantable quality or fit for their intended purpose; or
11.5.5 any misrepresentation on or relating
to our site, the merchandise or the services.
11.6 Save as required by law:
11.6.1 we will not be liable to you for any
indirect or consequential loss, damage or expenses, including loss of profits,
business or goodwill, arising out of any problem you notify to us, and
11.6.2 we will have no liability to pay any
money to you by way of compensation except otherwise specified in these terms
and conditions.
11.7 You must observe and comply
with all applicable regulations and legislation, including obtaining all
necessary customs, import or other permits to purchase merchandise from our
site. We make no representation and accept no liability in respect of the
export or import of the merchandise you purchase.
11.8 You agree that each of
these limitations is reasonable having regard to the nature of our site and in
particular given that when you purchase merchandise through our site you will
enter into a separate contract with the supplier in each case.
11.9 None of the above exclusions
shall affect any statutory rights which are not capable of being excluded.
However, in such case our obligation, where permitted by law, will be limited
to the resupply of our services or the merchandise to you.
11.10 Each of the above exclusions or
limitations shall be construed as a separate, and severable, provision of these
terms and conditions.
12. Warranties
12.1 You represent, warrant and
covenant that you will not:
12.1.1 use our site for any fraudulent or
unlawful purpose;
12.1.2 use our site to defame, abuse,
harass, stalk, threaten or otherwise violate the rights of others, including
without limitation others' privacy rights or rights of publicity;
12.1.3 interfere with or disrupt the
operation of our site or the servers or networks used to make our site
available; or violate any requirements, procedures, policies or regulations of
such networks;
12.1.4 transmit or otherwise make available
in connection with our site any virus, worm, Trojan horse or other computer
code that is harmful or invasive or may or is intended to damage the operation
of, or to monitor the use of, any hardware, software, or equipment;
12.1.5 reproduce, duplicate, copy, sell,
resell, or otherwise exploit for any commercial purposes, any portion of, use
of, or access to our site (including our applications or software);
12.1.6 modify, adapt, translate, reverse
engineer, decompile or disassemble any portion of our site (including our
applications or software);
12.1.7 frame or mirror any part of the site
without our express prior written consent;
12.1.8 create a database by systematically
downloading and storing the Content, User Content or any site content; and
12.1.9 infringe any copyright, design right
and intellectual property right in the merchandise.
13. Content
13.1 The intellectual property rights
in all Content are owned, controlled or licensed by or to us. Except for the
rights granted to you under clause 13.2, nothing in these terms and conditions
shall confer on you any right or interest in the Content and all other rights
are reserved to us.
13.2 Subject to these terms and
conditions, you may use the Content for your own personal purposes.
13.3 Unless you have our express
written consent or you are expressly authorised by law to do so, you shall not:
13.3.1 use the Content for any commercial
or other non-personal purpose;
13.3.2 make any copies of the Content or
transfer the Content to any other device or any other person; or
13.3.3 otherwise reproduce, distribute,
communicate to the public, modify, reformat, prepare derivative works of or
display the Content.
13.4 You acknowledge and agree that we
may cease to supply any of the Content to you at our sole discretion if you are
in breach of any of the terms of this clause.
13.5 We shall use all reasonable
commercial endeavors to ensure the accuracy of the Content but gives no
warranties and makes no representations, express or implied, statutory or
otherwise regarding the accuracy, quality or completeness of the Content or its
fitness for any purpose and we exclude any liability relating to it. You also
agree that responsibility for the content of advertisements appearing on our
site rests solely with the advertisers. The placement of such advertisements
does not constitute a recommendation or endorsement by us of the advertisers’
products and each advertiser is solely responsible for any representations made
in connection with its advertisement. We do not accept responsibility for loss
suffered as a result of reliance by you upon the accuracy of information
contained on our site.
14. User Generated Content
14.1 When you submit any user
generated content including all text, files, images, photos, sounds, videos or
other materials to our site (“User Content”), you grant to us, a perpetual,
irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully
paid-up and royalty-free licence to reproduce, distribute, communicate to the
public, publicly perform, modify, prepare derivative works of, display and
otherwise use the User Content in connection with the site, including without
limitation for the purposes of promoting and redistributing part or all of the
site in any media formats and through any media channel. Without limitation,
the rights that you grant to us under this clause 14.1 include a right to grant
each user of the site a sub-licence to use the User Content to the extent
permitted by the functionality of the site from time to time. You hereby waive,
and procure that all other authors of the User Content waive, all moral rights
in the User Content (including rights to be identified as the author of the
User Content or to object to any derogatory treatment of the User Content),
whether such rights subsist now or at any time in the future in any place in
the world.
14.2 You represent, warrant and
covenant that:
14.2.1 you have the legal right and
authority to grant the licence in clause 14.1 above;
14.2.2 you are the owner of the User
Content and/or have all of the necessary rights, consents,
permissions and licences which are required
for you to grant us the licence in clause 14.1 above;
14.2.3 by exercising the licence in clause
14.1 above, we shall not infringe the intellectual property rights or other
rights of any third party;
14.2.4 to the extent that the User Content
identifies any individual (whether by name, picture or otherwise), you have
obtained all consents and permissions from those individuals which are required
for us to use the User Content as contemplated by the licence in clause 14.1
above;
14.2.5 the User Content does not include
any material that may be illegal, defamatory, obscene, offensive, harmful to
the safety of any person, aimed at harassing any person or otherwise is
inappropriate for display on our site; and
14.2.6 at our request, you will provide us
with written copies of any consents, permissions and licences that you are
required to obtain.
14.3 You shall be legally liable for
the User Content and we shall not be responsible nor liable for any User
Content under any circumstances, regardless of whether we had knowledge of the
User Content.
14.4 Our site will only display User
Content that are related to product quality or promotional offers. Those User
Content about after sales or other services will not be displayed on the site.
We reserve the right to edit or delete User Content which contain attacks on
other users, slander, coarse language and profanity, or other unrelated topics.
15. Indemnity
You agree to indemnify us and all of our
directors, employees and contractors, and hold us all harmless from any claim,
loss, damage, cost, expense (including legal expenses) or other liability which
may be incurred by us arising out of any breach of the covenants, warranties,
representations and agreements herein.
16. Linked Websites
Certain links, including hypertext links,
in our site will take you outside our site. Links are provided for your
convenience and inclusion of any link does not imply endorsement or approval by
us of the linked site, its operator or its content. We are not responsible for
the content of any website outside our site.
17. Termination
17.1 We may terminate your access to
our site or registration immediately if you are in breach of any of these terms
and conditions.
17.2 Any rights that have accrued to
either party at the date of termination will remain enforceable after
termination.
18. Intellectual Property
18.1 All intellectual property rights
in the Content, User Content, design, text, graphics and other material on our
site and the selection or arrangement thereof are owned, controlled or licensed
by or to us. Any authorised used without our prior written permission is
strictly prohibited.
18.2 All trade marks, product names
and company names or logos used in our site are our property or that of their
respective owners. No permission is given by us in respect of the use of any
such trade marks, get-up, product names, company names, logos or titles and
such use may constitute an infringement of the holder's rights.
19. General
19.1 Where in these terms
representations and warranties are made to us and to suppliers of merchandise
through our site, you acknowledge and agree that such representations and
warranties are intended to grant rights to, and operate for the benefit of, all
such suppliers and that each such supplier may rely upon and enforce such
representations and warranties against you.
19.2 We reserve the right at any time
without notice to revise the content of our site (including the services
offered by us) and these terms and conditions. Any changes to these terms and
conditions will be posted on our site and by continuing to use our site
following any such change you will signify that you agree to be bound by the
revised terms and conditions of use. This right includes the right to change
any of the documentation which forms part of these terms and conditions.
19.3 We have made every effort to make
clear whether the quoted prices for merchandise available through our site
include any relevant tax or duty. Where in any case it is not clear please note
before you make an order that you might be required to bear a liability to tax
or duty (for example value added tax) imposed by the supplier or by operation
of law that is in addition to the price.
19.4 We take privacy issues seriously.
Our privacy policy covers our use of any information you provide. In using our
services, you agree that we may collect, store, and use information about you
in accordance with our privacy policy. You acknowledge and agree to be bound by
the terms of our privacy policy.
19.5 We reserve the right at our sole
discretion to deny users access to our site or any part of our site without
notice and to decline to provide our services to any user that is in breach of
these terms and conditions.
19.6 We shall not be liable to you for
any breach of these terms and conditions of use or any failure to provide or
delay in providing our services through our site resulting from any event or
circumstance beyond our reasonable control.
19.7 If any clause hereof is held
invalid or unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any other clause and such invalid
clause shall be deemed to be severed from these terms and conditions.
19.8 We may assign these terms and
conditions or appoint any third party, including our group companies, to
provide the services to you on our behalf or to perform any of our obligations
under these terms and conditions.
19.9 You shall not assign or otherwise
deal with its rights and obligations under these terms and conditions, whether
in whole or in part without our written consent.
19.10 These terms and conditions set forth
the entire agreement and understanding of the parties and supersede all prior
oral or written agreements, understandings or arrangements relating to the
subject matter of these terms and conditions. Neither party shall be entitled
to rely on any agreement, understanding or arrangement that is not expressly
set forth in these terms and conditions.
19.11 These terms and conditions are
governed by the laws in force in Hong Kong. You agree to submit to the
exclusive jurisdiction of Hong Kong courts.
Terms and Conditions for Mall Dollar
(Rewards) and Promotion Codes, Coupon Codes and Coupons
Mall Dollar (Rewards)
1. Through our site shopping, you
might be eligible for a rebate of 1% of net payment of each order (“Mall Dollar
(Rewards)”). The merchandise with Mall Dollar (Rewards) will be clearly
indicated with the rate of rebate. Net payment shall mean the amount after
deduction of, where applicable, Mall Dollar (Rewards) and any other promotional
offer or rebate given by HKCHEAP Mall or the suppliers.
2. Mall Dollar (Rewards) is only
applicable for any purchase at our site.
3. Unless otherwise specified, Mall
Dollar (Rewards) is valid for three (3) months.
4. Mall Dollar (Rewards) is neither
transferable nor redeemable for cash.
5. Mall Dollar (Rewards) is not
applicable for the payment of delivery charge.
6. Mall Dollar (Rewards) accumulated
will be cancelled when your user account is terminated.
Promotion Codes, Coupon Codes and Coupons
7. Promotion codes, coupon codes and
coupons offered by us shall only be applicable for one-off purchase at our site
subject to special terms and conditions.
8. Promotion codes, coupon codes and
coupons are neither refundable nor redeemable for cash. Any unused amount will
be forfeited.
9. If your order is cancelled for whatever
reason or is eligible for a refund, any promotion codes, coupon codes or
coupons used in that order shall be forfeited without any refund or
compensation.
We reserve the right to terminate or vary
the above offers from time to time without providing any prior notification. In
the event of any dispute, our decision shall be final and conclusive.
These terms and conditions form the
integral part of the General Terms and Conditions.
Last Updated: September 2024