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
You cannot become an HKOnlineMall's registered user until you
have accepted this Registered User Agreement. By completing the
registration process, you affirmatively agree to accept the
terms of this Registered User Agreement and HKOnlineMall's
acceptance of the then-current Registered User Agreement.
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
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
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