Terms & Conditions
1. About HKOnlineMall's Goods and/or Services
I. HKOnlineMall makes use of Bank's payment service by which HKOnlineMall can collect payments from Cardholders who purchase HKOnlineMall's Goods and/or Services through Internet.
II. USER agrees to use HKOnlineMall's website to enable credit card payment transactions through Internet.
2. You are bound by the Terms and Conditions of Use when patronizing HKOnlineMall's Goods and/or Services
HKOnlineMall may change the Terms and Conditions of Use, in its sole discretion, from time to time. The modified Terms and Conditions of Use will be effective immediately upon posting, and you agree to the new posted Terms and Conditions of Use by continuing the use and the then patronage of our Goods and/or Services via HKOnlineMall's Website.
4. Requirements for Registration
4.1 In registering as USER, you represent and undertake:
a) You have registered using true, accurate and up-to-date Personal Information.
b) You have registered with your own Personal Information and not that of any other person.
c) You are required to inform us, by updating your Personal Information online, if there is any change in your Personal Information for HKOnlineMall's up-to-date and accurate record-keeping in the database.
d) Suspension and termination of Account: If you provide any Personal Information that is untrue, inaccurate, incomplete or not up-to-date (or we have reasonable grounds to have suspected this is the case), HKOnlineMall has the right to suspend or terminate your account or order(s), and to refuse you any and all current or future use of this Website.
5. USER may make use of HKOnlineMall's Website, patronize our Goods and/or Services for Lawful Purposes Only
PROHIBITED ACTIVITIES AND RESTRICTED SERVICES
5.1 For any Card Sales, all prohibited activities and restricted services are not allowed. Activities, but not limited to the following, are listed:
a) involving pornographic, obscene elements
b) involving gambling elements
c) involving pyramid selling elements
d) involving any unlawful elements
e) in breach of any third party's intellectual property rights
6. Representations and Warranties
6.1 In effecting the Card Sales, USER represents and warrants that:
a) the transaction is bona fide and is with proper authorization
b) the transaction is performed according to the applicable law(s)
c) no prohibited activities and restricted services involved
7. Disclaimer of Liability
7.1 HKOnlineMall shall not be in any way liable for loss of data in transit between USER and the processing system, the Bank or any third party.
7.2 HKOnlineMall shall not be in any way liable for any consequences due to error or interruption and alike in the processing system, in which due care and efforts are recognized.
7.3 HKOnlineMall shall not be in any way liable for any consequences due to computer virus, unauthorized access, unauthorized use or loss of service and alike.
7.4 HKOnlineMall shall not be in any way liable for any damages, losses, fines and compensations due to the non-compliance of the regulations and provisions of the Card Associations committed by USER and alike.
8. Confidentiality and Intellectual Property Rights
8.1 HKOnlineMall and USER hereby agree not to disclose any Confidential information, data, know-how and alike of either party to any third party unless with written prior consent of the holder of Confidentiality.
8.2 Any of each party's tradename, trademark, logo, patent, copyright and alike are the Intellectual Property rights of each possessing party. Without any written prior consent, either party cannot contravene these rights or use them in any circumstance.
USER agrees to defend, indemnify and hold harmless HKOnlineMall and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of USER's use of HKOnlineMall's Website.
10. Restrictions on Use of Materials
USER may not distribute, modify, transmit, reuse, repost or use the content of this Website for public or commercial purposes, including the text, images, audio and video without HKOnlineMall's written prior permission. HKOnlineMall neither warrants nor represents that USER's use of materials displayed on this website will not infringe any third party rights.
11. Compliance with Local Laws
The production of this Website and its associated materials is compliable with the Laws of the HKSAR, the People's Republic of China; USER in other countries should use this Website in compliance with their local respective and applicable laws.
12. Other Websites
HKOnlineMall is not liable for any legal issues concerning the materials shown on other websites from which HKOnlineMall's Website is linked to, and HKOnlineMall disclaims any liability whatsoever in any association with other websites which HKOnlineMall's Website is linked to.
13.1 Headings in this Terms and Conditions of Use are for easy reference without prejudice to the entire meaning of any clause, paragraph or the whole Agreement.
13.2 All singular persons and terms here imply also to its pluralities and vice versa.
13.3 All masculine here imply also to its feminine counterparts and the neuter.
13.4 Any person here implies also to any individual, firm, corporation and any entity.
All the data and information collected in this website are ALL for transaction and transaction-related purposes only, in alignment with Clause 8. However, in any way whatsoever, HKOnlineMall will not be liable for the use of the above-mentioned data and information by other websites which HKOnlineMall's website is linked to, through cookies or other technologies.
15. Online Payment
15.1 Whilst USER is required to pay online (through internet), HKOnlineMall is not liable for the following:
a) failure, delay, interruption, suspension or restriction of the transmission of any information or message from the payment gateway of the Bank for processing credit/debit/smart card or other payment-facilitating mechanism;
b) error in or omission from any information or message transmitted from the said payment gateway;
c) breakdown, malfunction or failure of the said payment gateway.
15.2 If USER intrigues illegitimate transaction(s), HKOnlineMall would not refund any online transactional money amount(s) in any case whatsoever, and may proceed to legal action(s) when and where it deems appropriate and mandatory.
15.3 If HKOnlineMall cancels your Order, HKOnlineMall will refund to you the money amount you paid to HKOnlineMall with any required deduction(s) should the case apply, as soon as the necessary procedure(s) are performed duly.
15.4 In any event, HKOnlineMall reserves the right to decline or cancel Order(s), to decline to provide certain goods and/or services or cancel any USER account in our sole and absolute discretion without giving any reason.
15.5 Limitation of liability: HKOnlineMall's liability, if it is so held liable despite these terms and conditions, to the USER in relation to HKOnlineMall's Goods and/or Services, shall be limited to the amount of the price paid by the USER for the relevant goods and/or services.
16. Entire Agreement
This Terms and Conditions of Use sets out the entire agreement between USERS and HKOnlineMall relating to HKOnlineMall's Website, Goods and/or Services.
17. English and Chinese Language Versions
This Terms and Conditions of Use is in both English and Chinese language version; in case of conflict or inconsistency, the English language version shall prevail.
18. Governing Law and Jurisdiction
This Terms and Conditions of Use is construed and governed by the Courts, Laws and Jurisdiction of the HKSAR, the People's Republic of China.
Last updated version: 20 Aug 2010