Terms & Conditions

Please take the time to read these Terms of Use carefully each time you visit our Website. By visiting our Website you are deemed to have read, understood and agreed to these Terms of Use. If you do not agree to any of these Terms of Use, please exit and refrain from using this website. These Terms of Use form a legally binding agreement between you and us.

Deals Hong Kong Limited (Hong Kong company no. 1592426) ("Deals Hong Kong", "we", "us", "our") is the owner and operator of www.DealsHongKong.com (the Website).

We may from time to time update or amend these Terms of Use and your use of the Website following any such changes shall constitute your acceptance of and agreement to be bound by the most recent version of the Terms of Use.

A. GENERAL

Terms of Use

Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the 'Terms of Use') and our Privacy Policy.

Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use and our Privacy Policy.

Deals Hong Kong reserves the right to amend the Terms of Use at any time.

Registration

You are required to register and create an account with us ('Account') so that you can access and receive information and accept opportunities for discounted products and services we offer and advertise via our website and email communications from time to time.

To create an account you must and you agree to provide honest, accurate and complete information about yourself and that you will keep this information up to date.

Deals Hong Kong may refuse to register your Account or may cancel your Account if required by law or where you are in breach of these Terms of Use.

Except where otherwise specifically stated, all personal information provided by you when using the Website shall be dealt with in accordance with our Privacy Policy.

We are not responsible for any activity that occurs in your Account.

You must keep your Account log-in and password confidential and must notify us immediately of any unauthorised use of your Account.

Your Obligations

You must use the Website in a responsible manner. You must not:

use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;

use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;

use the Website to post or transmit or upload any advertising material, website links or links of any kind;

use the Website to solicit the business or customers of any users of the Website;

use the Website to send unsolicited email messages

in any way tamper, hinder or modify the Website;

knowingly transmit any viruses or other disabling features to the Website or via the Website; or

attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Copyright and Trademark Notice

The content, software, code, data, art, design, layout, text, images, photographs, and graphics comprised in the Website and the selection, organisation, presentation and layout of the Website ("Site Content") are owned or licensed by Deals Hong Kong and are protected by Hong Kong and International copyright laws.

Nothing contained in these Terms of Use should be construed as granting you a licence or a right of use of any of the Site Content or any trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the copyright/trademark owner.

You may view this Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website (including but not limited to all text, graphics, software, names, logos and trade marks) in any way except as expressly provided for by Deals Hong Kong or expressly authorised in writing by Deals Hong Kong.

Restrictions on use

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Deals Hong Kong or an associated entity or which is prohibited by the Terms of Use.

Advertising, Third Party Content and Links to Third Party Websites

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Deals Hong Kong or an associated entity or which is prohibited by the Terms of Use.

The Website may also contain information on products and services offered for sale or advertised by us on behalf of third parties. The Website may also contain hyperlinks and other pointers that connect to external websites operated by third parties ("Third Party Sites"). Deals Hong Kong does not control the Third Party Sites and is not responsible or liable for the contents of, or any hyperlink contained in, a Third Party Site. Links to Third Party Sites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Deals Hong Kong of the Third Party Site or the products or services provided at those sites. Access to any Third Party Site is entirely at your own risk.

Deals Hong Kong may receive fees and/or commissions from the third parties for goods and services displayed on the Website or made available via the Website. You acknowledge and consent to Deals Hong Kong receiving these fees.

Prices, Goods and Services

All prices displayed and goods and services offered to be supplied on the Website are subject to change without notice.

You agree that you are responsible for:

making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and

assessing the suitability of goods and services prior to you placing an order for a Deal Voucher for a Deal relating to those goods or services.

Licences and idea submissions

You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.

By posting communications, materials or content ("Your Content") to any part of this Website, you agree that Your Content is non-confidential for all purposes. Once you post Your Content on the Website, you expressly grant (without compensation or further obligation) and/or warrant that the owner of such information has expressly granted (without compensation or further obligation) Deals Hong Kong a royalty-free, perpetual, irrevocable, world-wide, sub-licensable and assignable, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, transmit, broadcast, perform, and display Your Content in any media or medium, or any form, format, or forum now known or developed in the future.

You hereby waive and agree not to assert and/or exercise any moral or similar rights that you may have in Your Content. You hereby warrant that Your Content is original to you, or that you have the right to submit such materials and information.

Deals Hong Kong shall be entitled to unrestricted use of Your Content for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to publish it on the Website or elsewhere and to use Your Content, including any suggestions, ideas, etc. contained within. You agree that you shall have no recourse against Deals Hong Kong for any alleged or actual infringement or misappropriation of any proprietary right in Your Content.

Indemnity

To the extent permitted by applicable laws, Deals Hong Kong will not be liable to you and you agree to indemnify and hold Deals Hong Kong harmless from and against all actions, claims, proceeding, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you (including without limitation your posting or communication of any Content on the Website), a Deal, a Deal Voucher or the goods or services the subject of a Deal.

Disclaimer

Some legislation such as the Hong Kong Sale of Goods Ordinance (Cap. 26) and the Hong Kong Supply of Services (Implied Terms) Ordinance (Cap. 457) and other similar consumer protection laws and regulations in other countries may confer upon you rights and remedies relating to the provision of goods or services to you by Deals Hong Kong via the Website which cannot be excluded, restricted or modified (your 'Statutory Rights'). Deals Hong Kong hereby excludes all conditions and warranties implied by custom, law or statute in relation to its provision of goods or services to you save for your Statutory Rights.

Save for your Statutory Rights, in respect of the Website:

All material on the Website is provided to you without warranties of any kind, either express or implied;

Deals Hong Kong expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

Deals Hong Kong does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;

Deals Hong Kong does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and

Deals Hong Kong does not warrant or make any representation that the information on the Website is appropriate to your particular situation or health care issues or the information is written, created, compiled or reviewed by medical experts.

To the extent permitted by law, including but not limited to any act or omission on the part of Deals Hong Kong, Deals Hong Kong will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, punitive and/or consequential, including loss of profits, suffered by you or claims made against you:

which result from any use or access of, or any inability to use or access, the Website; and/or

directly or indirectly in connection with a Deal, a Deal Voucher or goods or services the subject of a Deal.

You expressly acknowledge that Deals Hong Kong does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing or using the Website.

Limitation of Liability

To the extent permitted by law, Deals Hong Kong's liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Deals Hong Kong, to one or more of the following:

in the case of services supplied or offered by Deals Hong Kong:

the supply of the services again; or

the payment of the cost of having the services supplied again.

in the case of goods supplied by or offered by Deals Hong Kong:

the replacement of the goods or the supply of equivalent goods;

the repair of such goods;

the payment of the costs of replacing the goods or acquiring equivalent goods;

the payment of the costs of having the goods repaired.

General

Deals Hong Kong relies upon your continued observance of the Terms of Use. In the event that Deals Hong Kong suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Deals Hong Kong for those losses, damages and costs.

The Terms of Use are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Hong Kong for determining any dispute concerning the Terms of Use.

Deals Hong Kong does not make any claims that the information contained in the Website is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in this Website may not be legal by certain persons or in certain countries. If you access the Deals Hong Kong Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

If Deals Hong Kong does not act in relation to a breach of the Terms of Use by you, this does not waive Deals Hong Kong's rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Termination

The Terms of Use are effective until terminated by Deals Hong Kong and Deals Hong Kong may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.

B. DEAL VOUCHER TERMS OF USE

Indirect Orders

Deals Hong Kong serves as a deal aggregation service for third party vendors. Deal information is published on the Website from data provided directly from third parties. Deals Hong Kong is not responsible for the accuracy or timeliness of any information published on the Website.

Direct Orders

Deals Hong Kong is a service provider for third party traders ("Merchant") and advertises opportunities to purchase vouchers, which are redeemable from the Merchant, for goods and services at discounted rates ("Deal Voucher") and on certain terms and conditions described in the Deal Voucher ("Deal") fine print ("fine print"). By placing an order to purchase a Deal Voucher on the Website, you agree to pay Deals Hong Kong the advertised price of the Deal Voucher ("Deal Voucher Price") and receive the Deal Voucher once the Deal offer period is over.

Nothing on the Website or any communication with you from us or on our behalf constitutes an offer from Deals Hong Kong to sell you the Deal or Deal Voucher or the goods and services that are the subject of the Deal. The promotion and/or advertising of the Deal on the Website or within any communication that you receive from us or on our behalf is an invitation to treat only.

Deals Hong Kong may accept or reject your offer to purchase a Deal Voucher. If your offer is rejected, you will be refunded the cost of the Deal.

An order to purchase a Deal Voucher once made cannot be cancelled.

By placing an order for a Deal Voucher you confirm to Deals Hong Kong that you are at least 18 years old and have full capacity to enter into a legally binding agreement for the purchase of a Deal Voucher.

Issue of Deal Vouchers

If Deals Hong Kong accepts your offer to purchase the Deal Voucher, Deals Hong Kong will issue you a Deal Voucher once the Deal offer period is over and Deals Hong Kong has received a full payment of the Deal Voucher Price from you.

Shipment of Products (for non service based offers)

Products will be shipped out via registered mail to the postal address specified during the Paypal checkout process. It is your responsibility to ensure that you are able to receive post at the postal address. The date that the shipment will be sent out is specified in the deal's Fine Print.

Refunds

If a Merchant does not honour any Deal Voucher, Deals Hong Kong will refund the amount paid for the Deal Voucher in the same manner as payment was made or will credit your Account for future purchases on the Website. Except as set out in the foregoing and as required by law, you will not be entitled to any credit or refund on the purchase price of an issued Deal Voucher.

Redemption

Deal Vouchers are redeemable with the relevant Merchant for the goods or services stated on the Deal Voucher. Deals Hong Kong is a service provider for the Merchant, however, the Merchant, NOT Deals Hong Kong, is the provider of the products or services and is solely responsible for honouring the Deal described on the Deal Voucher and/or advertised on the Website. You acknowledge and agree that the Merchant is responsible for any goods and services it provides to you. You waiver and release Deals Hong Kong from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected with your use of a Deal Voucher or the goods or services provided by a Merchant.

Deal Voucher terms

You acknowledge and agree that your purchase of a Deal Voucher from Deals Hong Kong may be subject to specific terms set by or relevant to the Merchant ("Specific Conditions"). These Specific Conditions will be communicated to you on the Website prior to your purchase of the Deal Voucher and will appear on your Deal Voucher as fine print.

To the extent there is any inconsistency between the Specific Conditions and the Terms of Use, the Specific Conditions will prevail.

Unless otherwise stated in the Specific Conditions or required by law, the following terms apply to all Deal Vouchers (without limiting the other terms and conditions in these Terms of Use):

A Deal Voucher:

1. is not redeemable for cash or credit;

2. must be used in one transaction;

3. is only valid during the dates stated as the redeemable (valid from) period;

4. cannot be used in conjunction with any other offer;

5. is redeemable by the bearer (i.e. the first person presenting the Deal Voucher to the relevant Merchant); and

6. is redeemable for the goods or services specified on the Deal Voucher;

The value of a Deal Voucher is the amount paid for the Deal Voucher;

Provision of the goods or services described in the Deal Voucher is the responsibility of the Merchant; and

Under no circumstances will Deals Hong Kong replace or reissue a Deal Voucher that has been lost or stolen (in this regard you must treat the Deal Voucher like cash).

Merchant terms

All Deals are subject to the Merchant's own terms, conditions and policies. While Deals Hong Kong will try to display on the Website any Merchant terms that apply to the goods or services the subject of a Deal or Deal Voucher, you agree that it is your responsibility to make your own enquiries about any Merchant specific terms, conditions and policies that may apply to the said goods and services.

DHK Points & Prizes terms

The tracking of points for the Deals Hong Kong Points & Prizes (Loyalty Rewards) program started on January 24 2013.

Points earned will expire 1 year from the date that it is earned, and will be automatically removed from the user account.

Deals Hong Kong holds final discretion over the calculation of DHK Points earned.

The legitimacy of points earned for prize redemption is at the sole discretion of Deals Hong Kong. Deals Hong Kong reserves the right to withhold the redemption of any prize that it feels was not properly earned through the DHK Points scheme.

Upon a request for prize redemption, Deals Hong Kong will post the member's first name and last initial (to maintian user privacy) on the Deals Hong Kong Facebook Page.

Referred a friend action is only considered legitimate if the member (friend) that is referred has visited Deals Hong Kong on at least 5 separate occasions in the past 30 days from the prize redemption date.

Only one Points & Prizes (Deals Hong Kong) account is valid per mailing address.

Any person attempting to defraud sponsor or in any way tamper with, damage or undermine the legitimate operation of the promotion will be disqualified and may be subject to civil and/or criminal prosecution.

Contest terms

Deals Hong Kong contest winners are notified by e-mail. If there is no reply within 5 days of our notification, a new contest winner will be drawn. Prizes are sent via regular Hong Kong Post mail. Although, we try our best and take care in the mailing out of prizes, Deals Hong Kong is not responsible for any lost or stolen prizes. In the event of a lost or stolen prize, no replacement or substitute prize will be given.

The same mailing address cannot win a prize more than once during any 12 month period.

Deals Hong Kong is not responsible for telephone, technical, network, online, electronic, computer hardware or software failures of any kind, or for entries that are stolen, misdirected, incomplete, garbled or delayed by computer transmissions on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participants' or any other person's computer resulting from downloading of any materials or participation in this contest. Deals Hong Kong shall, in its absolute discretion, disqualify any individual found to be tampering with the operation of the Web site or the administration of the contest. If for any reason the contest is not capable of running as planned, or if the administration, security, fairness, integrity, or proper conduct of the contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any causes beyond its control, Deals Hong Kong reserves the right to cancel, terminate, modify or suspend the contest, including cancellation of the method of entry and selection of the winners from previously received entries.

 

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