Music-cola.com and its sub-domains (hereinafter collectively referred to as the "Sites") are powered by Music Cola Group Inc. (hereinafter referred to as "Music Cola"). Music Cola and/or its subsidiary(ies) and/or affiliate(s) (hereinafter collectively referred to as the “Company”; and where the context requires or permits, “Company” may refer to any one of Music Cola and/or its subsidiary(ies) and/or affiliate(s)) also operate and provide services via, apart from the Sites, other media platforms or other websites (hereinafter referred to as the "Platforms") and Music Cola mobile webs and mobile applications (hereinafter referred to as the "Applications") which are developed in whole or in part by the Company. The Sites, the Platforms and the Applications may be referred to singly or collectively as the "Channels" hereinafter. Access to and use of the contents and services provided on the Channels shall be subject to the Privacy Policy and the terms and conditions which are set out below (hereinafter referred to as the "Terms and Conditions").
By using the Channels and any other site and/or media platforms and/or applications accessed through such Channels, users of the Channels (hereinafter referred to as the "Users") acknowledge and agree that the Privacy Policy and the Terms and Conditions set out below are binding upon them. If a User does not accept either or both of the Privacy Policy and/or the Terms and Conditions, please do not use the Channels. The Company reserves the right, at its own discretion, to revise the Privacy Policy and the Terms and Conditions at any time without prior notice. Once posted on the Channels, the amended Privacy Policy and the Terms and Conditions shall apply to all Users. Users are advised to visit this page periodically to review the latest Privacy Policy and the Terms and Conditions. A User’s access to the Channels and the Services (as defined in Clause 1.1 below) will be terminated upon his/her notice to the Company that any change is unacceptable; otherwise the continued use shall constitute acceptance of all changes and the said changes shall be binding upon the User.
By using the Channels, Users acknowledge and agree that, if applicable, apart from being bound by the Terms and Conditions set out herein, they will at the same time be bound by the terms and conditions of the relevant and applicable Channel(s) that they use and the terms and conditions of the relevant and applicable Channel(s) operated by the Company which their Materials (as defined in Section 4.1 below) are being / have been uploaded to or posted on.
Users further acknowledge and agree that they shall comply with all applicable laws, statutes, ordinances and regulations (whether or not having the force of law) regarding their use of the Channels. Users recognize the global nature of the Internet and understand that the applicable laws, statutes, ordinances and/or regulations may be of a jurisdiction other than their own and agree that compliance with the same is their absolute responsibility.
The terms “User” and “Users” herein refer to all individuals and/or entities accessing and/or using the Channels at anytime, whether in Hong Kong or elsewhere, for any reason or purpose.
General Terms
The Company offers one or more of the following services through the Channels pursuant to the Terms and Conditions:- (i) as platform for sharing comments and photos related to dining experiences; (ii) online table booking services; (iii) queuing services; (iv) food delivery services; (v) sale and purchase of Vouchers (as defined in Clause 4.4 below); (vi) job posting and job search services; (vii) ordering service; (viii) provision of shop management system and/or merchant service system; and (ix) advertising services for Advertiser(s), Merchant(s) and/or Shop(s) (including but not limited to posting advertisements, promotional campaigns, offers, marketing materials and hosting special events); and (x) any other contents, features, services and/or applications made available by the Company via the Channels (hereinafter singly or collectively referred to as the "Services").
The Company reserves the rights, in its sole discretion, to modify the Services, including without limitation by removing, adding, or modifying any portion of the Channels and to edit, modify, share, erase, delete or remove any Materials posted on the Channels for any reason from time to time and without notice. The Company shall have no liability to any Users for any of the foregoing actions except pursuant to terms of any service agreement signed with the Company, if any.
Except as specified in the Terms and Conditions, the Company is not a party to any actual transaction between Users.
The Company is committed to protect the privacy of the Users. The Company uses the information of the Users according to the terms as described in the Privacy Policy .
Registration as Member
Users may freely browse the Channels for information and use the tools which the Company makes available thereat. However, certain contents and functions of Channels, including without limitation submission of shop review and entitlement to Music Cola Reward Scheme are only available to registered members of the Channels (“Members”).
A User may become a Member of the Channels by registering online at the section “Music Cola Member Registration”, or registering with his/her Facebook account or Google account. Users warrant that the personal particulars which they provide when they register as Members of the Channels are true, accurate, current, complete and not misleading in all respects, and further undertake to promptly update the Company where there is any subsequent change in such particulars. Users’ failure to do so would entitle the Company to suspend and/or terminate their membership account (“Account”) with the Channels without further notice and/or recourse to the related Users.
Users must not select a username or password that violates any person’s rights or one that in the Company’s opinion is offensive, improper or inappropriate. If a User does so, the Company reserves the right to modify or delete the username or password and/or terminate his/her Account with the Channels. In any event the Company shall not be liable in any way for any improper use of a username or password by any User.
Users shall be solely and entirely responsible for maintaining the confidentiality of the login information and password and any other information in respect of their Accounts and responsible for all activities that occur in connection with the Account. In no event shall the Company be responsible or liable for any loss or damage in relation to the unauthorized use of Account by any person.
Users agree to immediately notify the Company of any unauthorized use of their Accounts or any other breach of security with respect to their use of the Services.
Registration requests made pursuant to Clause 2.2 may be refused by the Company at its sole and absolute discretion and Users agree that the Company is under no obligation to send Users any alert, notice or explanation regarding the Company’s rejection of membership registration.
The Company reserves the rights to deactivate or cancel any User’s Account at any time as it deems necessary.
The information that Users provide to the Company on the registration form to become a Member will be dealt with in accordance with our Privacy Policy, and the Company strongly recommends Users to read the said Privacy Policy prior to registration as the terms stated therein are binding upon all Users.
Prohibited Uses for all Users
All Users are prohibited from interfering with, disrupting or violating, or attempting to interfere with, disrupt or violate the security, servers or network of the Channels (including without limitation, accessing data not intended for them, logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network, attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mails). Violation of system or network security by Users may result in civil and/or criminal liabilities.
A User shall not delete or revise any material or information posted by any other Users.
Users shall not use the Channels (1) for uploading, posting, publishing, transmitting, distributing, circulating or storing material in violation of any applicable laws or regulations; (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; (3) in any manner that is illegal, harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful or is otherwise offensive or objectionable; or (4) for commercial purposes other than pursuant to these Terms and Conditions or terms and conditions of any service agreement(s) entered into between the Company and the User. In particular, Users shall not print, download, duplicate or otherwise copy or use any personally identifiable information about other Users (if any). The sending of unsolicited communications of any type by a User to other Users are strictly prohibited.
Users shall not use the Channels if they do not have legal capacity to form legally binding contracts or they are prohibited by law from accessing or using the Services.
Users shall not upload or post any advertisement or materials on the Channels contains any false, inaccurate, misleading, libelous content, computer viruses, trojan horses, worms, computed files or other materials that may interrupt, damage or limit the functionality of any computer software or hardware or telecommunication equipment.
Users shall not upload or post any materials involving the sale or provision of any illegal products or services or any materials containing fraudulent information.
Users shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
Users shall not access or use the personal data of any other Users without his/her express permission.
Users shall not assign or transfer any rights or obligations under these Terms and Conditions to any third person without the Company’s prior written consent thereto.
Members shall not allow others to use his/her username and password to access or use any Channels.
Users of the Channels, including Members, agree not to use any of the Channels for any of the purposes which are expressly prohibited below:
Acceptable uses of the Channels
The Company, which only provides the media for User and the Merchant to complete the online payment process, does not prepare, guarantee or take responsibility for any services and products and special offers if applicable provided by any Merchants/Participating Shops/Outlets. It is the sole responsibility of the Merchants/Participating Shops/Outlets to honor the relevant services, products and offers.
User acknowledges that only the digital wallet(s) and/or credit card(s) and/or debit card(s) as available under the Music Cola Pay Service system are acceptable to be used for the Music Cola Pay Service. The Company has the right to determine and change the digital wallet(s) and/or credit card(s) and/or debit card(s) as available under the Music Cola Pay Service system from time to time without giving notice or reason.
By submitting the information for making payment through the system, User acknowledges that he/she has checked and accepted the amount required to pay, and represent and warrant that (i) he/she possesses legal authority to agree to all the relevant terms and conditions; (ii) he/she is legally authorized to provide the information to make the payment; and (iii) he/she is legally authorized to perform the payment which does not violate any applicable law or regulations.
Any or all of a User’s payments made under OperRice Pay Service and/or right to use Music ColaPay Service may be rejected, suspended or terminated for any reason without notice, including without limitation, invalid data, closure of related account(s), breakdown, maintenance, modification, expansion and/or enhancement work caused or initiated by any third party service providers. The Company will not (unless caused solely and directly by the Company’s gross negligence or wilful default) assume any liabilities or responsibilities to any person for any such rejection, suspension or termination.
After the termination of using Music Cola Pay Service for whatever reasons, User remains responsible for performing and discharging his/her obligations and liabilities created or accrued before suspension or termination.
The Company engages payment processing services operated by third-party vendor/service provider(s) (“Vendor”) to process payments, manage card information and prevent fraud in connection with the payment.
User’s credit card, payment account or debit card information will be stored with the Vendor and will not be made available to the Company or Merchant.
The payment is subject to processing by the Vendor and User’s paying bank. The Company shall not be liable in any way if the Vendor or the paying bank refuses to process or accept any payment for any reason.
The Company shall not be liable for any loss, damage, or liability in the event of any unauthorized disclosure of any credit card, payment account or debit card information by the Vendor or the paying bank.
The Company reserves the right to reject processing any payment if the Vendor or paying bank rejects or reverses payment or at the Company’s sole discretion based on any other reason.
To the maximum extent permitted by law, the Company shall not have any liability to User for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from his/her use of or his/her inability to use the Music Cola Pay Service. In any event and subject to the applicable laws, the aggregate liability of the Company to User for all claims and expenses arising from or in connection with his/her use of the Music Cola Pay Service shall be limited to the amount which he/she has paid to the Merchant/Participating Shop/Outlet via Music Cola Pay Service.
By accessing or using the food delivery service (hereinafter referred to as “Delivery Service”) which is operated by a third party (hereinafter referred to as “Third Party”) via the Channels, the User acknowledges that he/she has read, understood and accepted these Terms and Conditions as well as the terms and conditions of services of the Third Party available on the relevant Channel. The Company does not assume any responsibility or liability for and gives no representation or warranties in relation to any action, omission, product, service and content on the part of or provided (or to be provided by) the Third Party. In connection with the use of the Delivery Service via any Channel by any User who is not a Member, the Company will collect, store and use (such as passing onto the relevant Shop) personal information and/or data about such User, including his/her name, address, email address and phone number pursuant to the Privacy Policy.
Users acknowledge that the Company is not a party to any transactions performed using the Delivery Service. The Company is not responsible and has no liability for, and gives no representations or warranties in relation to any products or services that are purchased or paid for under the Delivery Service. Users make the purchase entirely at their own risk and shall resolve payment and any disputes directly with the Third Party.
User can use the Queuing Service for getting queue tickets (“Ticket”) from shops which have offered the Queuing Service (“Shop”) via the Application with Internet connection or getting physical Ticket from such Shop which has set up ticket kiosk onsite.
The Queuing Service is for personal and non-commercial use only.
By accessing or using the Queuing Service, a User agrees and confirms that any notification regarding the Queuing Service, including ticket number, status and cancellation notice, will be sent to his/her device.
After getting the Ticket, a User can view the real-time queuing status or to cancel the Ticket via the Application.
When the Ticket number is called, a User must show the physical Ticket or show the Ticket via the Application to the Shop in order to be seated. In case of any dispute, the Shop reserves the right of final decision on the seating arrangement.
The use of the Queuing Service provided by the Company does not guarantee availability of seats and User agrees that the Shop is solely responsible for honoring the Ticket.
A Posting User agrees that he/she/it shall only use the Channels for lawful purposes and for enjoying the Services provided through the Channels. The Company reserves the right to edit, share, reject, disapprove, erase and delete any Materials posted on the Channels as it sees appropriate.
In the event that the Posting User is an individual, he/she shall not post his/her identity card and/or passport number on the Channels.
Although the Company shall use its reasonable endeavors to ensure that the database of the Posting Users’ personal data is only accessed by personnel of the Company, the Company does not guarantee that other parties will not, without the Company’s consent, gain access to such database. For the usage and protection of personal data provided by the Posting Users, please refer to the Privacy Policy .
Posting Users shall be solely responsible for the Materials uploaded, posted or shared by them and/or any web pages and/or media platforms and/or applications linked to the Channels posted by them. The Company reserves the right to edit, share, reject, erase, remove and delete any Materials and links to web pages and/or media platforms and/or applications as it sees appropriate. The Company shall have the right to terminate any services to any Posting Users at its sole discretion. If a Posting User uploads or posts Materials on the Channels and subsequently deletes and/or removes the same or the Posting User terminates his/her/its account maintained with the Channels, or that the Company deletes and/or removes such uploaded or posted Materials, such Materials will no longer be accessible by the Posting User who uploaded or posted the same via that Posting User’s account; however, such deleted Materials may still persist and appear on any part of the Channels, and/or be used in any form by the Company.
The Company reserves the right to request any User to cease using or to change his/her/its username immediately upon notice given to him/her/it without giving any reason as and when the Company deems appropriate to do so; if any User disagrees and refuses to abide by such request made by the Company, the Company may at any time at its sole discretion, deactivate that User’s account without prior notification to that User and without prejudice to all the Company’s other rights and remedies.
By using any of the Channels, Users acknowledge and agree to the following:-
This paragraph shall be applicable to Users posting advertisements, special offers, commercial information, promotional and marketing materials on the Channels (hereinafter referred to as “Advertiser(s)” or “Merchant(s)”):-
This paragraph shall be applicable to the Users who post shop reviews on the Channels:-
If Users use any of the Channels to upload, post and share Materials, including but not limited to instantly uploading, posting and sharing photos taken, the Users are consenting to the Materials being shared;
The Users’ use of the Channels may cause personally identifying information to be publicly disclosed and/or associated with the relevant Users, even if the Company has not itself provided such information; and
The Users shall use the Channels at their own option and risk and at their own accord. The Users will hold the Company and its officers, shareholders, employees, agents, contractors and affiliates harmless for activities related to their use of the Channels, and indemnify them for any loss, damage, action, claim or demand arising from or in connection with the use of the Channels by such Users.
Upon payment of a service fee to the Company or upon acceptance of any free trial promotion offer, Advertisers or Merchants will be entitled to use the Sites and/or Platforms and/or Applications (as the case may be) to post advertisements, special offers, commercial information and/or promotional materials (subject to the Terms and Conditions and any specific terms and conditions of any service agreement(s) entered into between the Company and the Advertiser or Merchant (“Service Agreement”), and in the event of any conflict between the two, the latter shall prevail).
The Company also reserves the right to change the service fee or institute new charges or fees to be paid by Advertisers or Merchants for posting advertisements, special offers, commercial information and/or promotional materials on any of the Channels, as it deems appropriate.
In the event that any Advertiser or Merchant fails to pay the service fee or any other fees or charges due to the Company or is in breach of any term of the Terms and Conditions or the Service Agreement, the Company reserves the right to suspend or terminate that Advertiser’s or Merchant’s user account, advertisements and links to web pages and/or media platforms and/or applications without prejudice to all its other rights and remedies.
Users should at all times comply with the Company’s Shop Review Guidelines as may be amended by the Company from time to time; and
Users should not at any time or under any circumstances be compensated for writing a review or removing a review written by them.
Specific uses - Applicable to User(s) uploading or posting photos, content, views, comments, messages, materials and/or any information on the Channels (hereinafter collectively referred to as the “Material(s)”).
User(s) uploading or posting the Materials shall hereinafter referred to as the "Posting User(s)".Specific uses - User(s) viewing and/or using the Materials posted on the Channels (hereinafter referred to as the "Viewer(s)")
The Viewer agrees that he/she/it shall only use the Channels for lawful purposes and for enjoying the Services provided therein. The Viewer agrees that any personal data received via the Channels or from the Company shall only be used for the purpose of identifying and/or locating advertisements or materials or any content therein or for the purpose of enjoying the Services provided through the Channels. Any personal data received which are irrelevant to the above purposes shall be disregarded and shall not be saved, stored, collected, processed, used, distributed, published, disclosed or transmitted in any way, including but not limited to for any commercial purpose. The Viewer also agrees that any personal data collected via the Channels or from the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.
The Company shall not be responsible or held liable in any way if any Users, in breach of the Terms and Conditions or the terms and conditions of any relevant and applicable Channel(s), whether in Hong Kong or elsewhere, use any other Users’ personal data, information or materials (whether obtained from the Channels or not) for any purpose. All Users accept that all personal data, information or materials provided by them publicly on the Channels are voluntarily provided and are given entirely at their own risk. The Company shall not bear the responsibility of protecting the personal data, information or materials so provided publicly therein.Specific uses - User(s) using table booking service through the Channels to reserve table with shops
By accessing or using the table booking service (hereinafter referred to as “Booking Service”) operated by the Company via the Channels, the User acknowledges that he/she has read, understood and accepted the Terms and Conditions as well as the Terms of Booking (as may be amended by the Company from time to time) and agrees to be bound by them.
In connection with the use of the Booking Service via any Channel or any other media by any User who is not a Member, the Company will collect, store and use (such as passing onto the relevant Shop) personal information and/or data about such User which may include without limitation his/her name, email address and phone number pursuant to the Privacy Policy.Specific uses - User(s) purchasing vouchers
Only Members or members of platforms of such third parties (“Third Party Platform”) authorized by the Company can purchase vouchers via the Channels or Third Party Platform. By accessing or using any Channel to purchase voucher (“Voucher Purchase”), User acknowledges that he/she has read, understood and accepted the Terms and Conditions as well as the Terms of Voucher Purchase (as may be amended by the Company from time to time) or the terms of the Third Party Platform (as the case may be); and agrees to be bound by them.Specific uses – User(s) using queuing service (“Queuing Service”)
Specific Uses - User(s) using food delivery service
Specific Uses - Users who view or respond to any job advertisement posted on the Channels or sent by the Company
By accessing or using any Channel to view and/or respond to any job advertisement posted on the Channel or by viewing and/or responding to any job advertisement sent by the Company, User acknowledges that he/she has read, understood and accepted the Terms and Conditions as well as the Terms of Job Search (as may be amended by the Company from time to time) and agrees to be bound by them.Specific Uses – Users using online ordering service, including takeaway service and Scan-to-Order Service ("Ordering Service")
By accessing or using the Ordering Service to place online order for purchasing food and/or beverage and/or any other items via the Channel, User acknowledges that he/she has read, understood and accepted the Terms and Conditions as well as the Terms of Ordering Service applicable to general users (as may be amended by the Company from time to time) and agrees to be bound by them.Specific Uses – Users using Music Cola Pay Service
Music Cola Pay Service is a service allowing a User to make payments by his/her eligible digital wallet(s) and/or credit card(s) and/or debit card(s) via the Channels. By accessing or using the Music Cola Pay Service, User acknowledges that he/she has read, understood and accepted the Terms and Conditions, the terms and conditions of the relevant special offer(s) if applicable, as well as the following:Specific Uses – Merchant(s), shop(s) or outlet(s) using any module of the merchant service system or Merchant Services
Merchants, shops or outlets using any module of the merchant service system (“System”) operated by the Company and/or any related services provided by the Company for enabling any table booking, voucher transaction, online queuing, provision of offers, spot payment and/or job advertisement via any Channel and/or using any other module of the System made available by the Company, acknowledge that they have read, understood and accepted (i) the Terms and Conditions, (ii) the Privacy Policy, (iii) the Terms of Merchant Services and (iv) the terms and conditions of any contract, quotation, registration form and/or service order form entered into between the Company and the Merchant(s) (singly or collectively “Service Order”).Content License
By uploading or posting Materials on the Channels, the User unconditionally grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) he/she/it has in the Materials in order that the Company can use, publish, host, display, promote, copy, download, forward, distribute, reproduce, transfer, edit, sell and re-use the Materials in any form and anywhere, with or without making any commercial gains or profits, and carry out the purposes set out in the Privacy Policy and herein.
Intellectual Property Rights
All contents of the Channels, including without limitation the text, images, information, comments, layout, database, graphics, photos, pictures, sounds or audio formats, software, brands and HTML are the intellectual properties of the Company or the Users (as the case may be) which are protected by applicable copyright and trademark laws and may not be downloaded, copied, modified, reproduced, printed or distributed in any way except that Users may download and/or print a copy of such materials for their own legal and non-commercial uses or for such purposes as permitted under the terms and conditions of any service agreement(s) entered into between the Company and the User(s)). Any use of any of such content other than those permitted under the Terms and Conditions, the terms and conditions of any specific Channel(s) and the terms and conditions of any service agreement(s) entered into between the Company and the User(s) is strictly prohibited and the Company reserves all its rights in this respect. Users acknowledge that they will be solely responsible for any adverse consequences arising from their breach of copyright laws and/or other intellectual property laws.
For the avoidance of doubt, any purported consent of any third parties on the use of the contents and materials mentioned under this Clause shall not exonerate the Users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
Users agree that the Company is free to use, disclose, adopt and modify all and any ideas, concepts, proposals, suggestions, comments and other communications and information provided by them to the Company in connection with the Users’ use of the Channels without any remuneration or compensation to them. Users hereby waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to the Company’s use, disclosure, adoption and/or modification of such ideas, concepts, proposals, suggestions, comments and/or other communications and information.Contents
Users acknowledge that the Company may not pre-screen or pre-approve certain content posted on the Channels or any content sent through the Channels. In any event, the Company takes no responsibility whatsoever for the content on the Channels or any content sent through the Channels, or for any content lost and does not make any representations or warranties regarding the content or accuracy of any material therein.
Any Materials uploaded or posted on the Channels by the Users may be viewed by users of other web sites and/or media platforms and/or applications linked to the Channels and the Company is not responsible for any improper and/or illegal use by any user or third party from linked third party web sites and/or media platforms and/or applications of any data or materials posted on the Channels. Links to third party web sites and/or media platforms and/or applications provided on the Channels are provided solely as a convenience to the Users and as internet navigation tools, and not in any way an endorsement by the Company of the contents on such third party web sites and/or media platforms and/or applications. Unless otherwise stated on the Channels, the Company has no control over or rights in such third party web sites and/or media platforms and/or applications and is not responsible for any contents on such third party web sites and/or media platforms and/or applications or any use of services provided by such third party web sites and/or media platforms and/or applications by the Users. All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any Materials, web page or other information contained therein placed by them. The Company is not responsible for the content of any third party web sites and/or media platforms and/or applications (regardless of whether they are linked to the Channels), and does not make any representations or warranties regarding the contents or accuracy of materials on such third party web sites and/or media platforms and/or applications. If any User accesses via hyperlinks on the Channels any third party web sites and/or media platforms and/or applications, he/she/it does so entirely at his/her/its own risk.
The Company shall have the right to remove any Materials uploaded or posted on the Channels, to expel the Users from and prevent their further access to the Channels (by way of, including but not limited to, terminating the membership accounts and blocking the Users’ Internet Protocol addresses) at its sole discretion without any notice, compensation or recourse to the Users if the Company considers at its sole discretion that such Users have breached or is likely to breach any law or regulations or the Terms and Conditions or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the User(s).
In the event that the Company decides to remove any paid advertisement or paid services for any reasons not relating to any breach of law or the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Channels or that the service has been provided, refund the remaining fees (if any) to the related Advertiser or Merchant in accordance with the Terms and Conditions or the terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the related Advertiser or Merchant (including without limitation the Service Order(s)), without prejudice to the Company’s rights and remedies hereunder.
Users agree and consent that the Company may, subject to the terms of the Privacy Policy , use their personal data and/or other information provided to the Channels for purposes relating to the provision of Services and/or offered by the Company and marketing services and/or special events of the Company.Responsibility
The Company may not monitor the Channels at all times but reserves the right to do so. The Company does not warrant that any Materials or web page or application will be viewed by any specific number of Users or that it will be viewed by any specific User. The Company shall not in any way be considered an agent of any User with respect to any use of the Channels and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Channels, for whatever reason made. Whilst endeavouring to provide quality service to all users, the company does not warrant that the channels will operate error-free or that the channels and their server are free of viruses or other harmful mechanisms. If use of the channels or their contents result in the need for servicing or replacing equipment or data by any user, the company shall not be responsible for those costs. The channels and their contents are provided on an "As is" basis without any warranties of any kind. To the fullest extent permitted by law, the company disclaims all warranties, including, without prejudice to the foregoing, any in respect of merchantability, non-infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability, completeness or timeliness of the contents, services, text, graphics and hyperlinks on the channels.
Own Risk
All users shall use the channels and any other web sites and/or media platforms and/or applications accessed through the channels, entirely at their own risk. All Users are responsible for the consequences of their postings. The Company does not give any representations or guarantees regarding the truthfulness, accuracy or reliability of any Materials uploaded or posted by the Posting Users or endorse any opinions expressed by the Posting Users. Reliance by any User on advertisements and materials posted by the other Users will be at their own risk. The Company reserves the right to expel any User and prevent his/her/its further access to the Channels, at any time for breaching this agreement or violating the law and also reserves the right to remove any Materials which is abusive, illegal, disruptive or inappropriate at the Company’s sole discretion.
Indemnity
All Users agree to indemnify, and hold harmless the Company, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from their use of the Channels, their use of any services provided by the Company via the Channels, or their breach of any term of this Terms and Conditions or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the User(s). The Company will provide prompt notice of any such claim, suit or proceedings to the relevant User.
Limitation of the Service
The Company shall have the right to limit the use of the Services, including the period of time that Materials will be posted on the Channels, the size, placement and position of the Materials, email messages or any other contents which are transmitted by the Services.
Termination of Service
The Company shall have the right to delete or deactivate any account, or block the email or IP address of any User, or terminate the access of Users to the Services, and remove any Materials within the Services immediately without notice for any reason, including but not limited to the reason that the User breached any law or the Terms and Conditions or any terms and conditions of any specific Channel(s) or any service agreement(s) entered into between the Company and the User(s). The Company reserves the right at any time to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against any such User. The Company shall have no obligation to deliver any Materials posted on the Channels to any User at any time, both before or after cessation of the Services or upon removal of the related Material(s) from the Channels.
Disclaimer
The Company does not have control over and does not guarantee the truth or accuracy of listings of any Materials posted on the Channels or any content on third party web sites and/or media platforms and/or applications accessed via the Channels.
The Company shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from any causes beyond the Company’s reasonable control, including but not limited to Internet failure or any system default.
The Company does not guarantee uninterrupted, continuous and/or secure access to the any Services via the Channels. Part of or the entire Channels may be unexpectedly unavailable for whatever duration and for whatsoever reasons that may include but not limited to system malfunctions and disruptions, Internet access downtime and other technical problems beyond the Company’s control for which we cannot and shall not be held responsible. The Company reserves the right to take any part or the whole of the Channels offline with or without notice for reasons including but not limited to system maintenance or upgrading.In any event, the company, its officers, directors, employees, agents, partners, reprsentatives, shareholders, servants, attorneys, predecessors and successors shall not be liable for any losses, claims or damages (including but not limited to direct, indirect, incidental, special, punitive or consequential damages, loss of business or profit) directly or indirectly suffered by any user whatsoever and howsoever arising or resulting from or connected with (I) any user’s use or inability to use the channels, their contents or the services, including negligence and disputes between any parties; (ii) any user’s use of any services or products provided by any merchants, advertisers or shops; and/or (iii) any performance, non-performance, conduct or policies of any merchants, advertisers or shops.
The company is not an agent of any of the merchants, advertisers or shops.
Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any User for all claims and expenses arising from their use of the Services and/or the Channels shall be limited to the amount of HK$100.
Security Measures
The Company will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal data submitted by the Users, and the access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. The Company will use its reasonable endeavors to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data. For the Company’s policies regarding the usage and protection of personal data provided by Users of the Channels, please refer to the Privacy Policy.
Severability
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
Conflict
If there is any conflict among (i) these Terms and Conditions, (ii) specific terms of use appearing on the Platforms and/or the Applications. (iii) Privacy Policy; and (iv) terms and conditions of any service agreement(s) including Service Agreement or Service Order entered into between the Company and the User(s), and/or any specific terms and conditions of use in respect of any special events hosted by the Company, the latest shall prevail over other documents and then the following descending order of procedure shall apply:- (i) Privacy Policy; (ii) the specific terms of use appearing on the Platforms and/or the Applications; and (iii) the Terms and Conditions, subject always to the express contrary provisions (if any) contained in the aforesaid documents.
Governing Law and Dispute Resolutions
In the event of any breach of the Terms and Conditions by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
The appointing authority shall be Hong Kong International Arbitration Centre (hereinafter referred to as "HKIAC"); or alternatively, an appointing authority may be appointed by the Company at its sole and absolute discretion in any country which the Company considers as fit and appropriate. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of appointing authority nominated by the Company shall be final and conclusive.
The place of arbitration shall be in Hong Kong at HKIAC; or alternatively, at any such arbitral body in any country as the Company considers fit and appropriate at its sole and absolute discretion. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of the arbitral body and the place of arbitration nominated by the Company shall be final and conclusive.
There shall be only one arbitrator.
The language to be used in the arbitral proceedings shall be English.
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Channels shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as "Hong Kong"), unless otherwise specified.
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the HKIAC Arbitration Rules as at present in force and as may be amended by the rest of this Clause:Rights of Third Parties
Except as expressly set forth herein, no person other than the parties to these Terms and Conditions shall have any right to enforce any term hereof.
Inconsistency
Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
Enquiries
For any query, please click here to contact Customer Relationship Executive of the Company.
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