General Terms and Conditions (“Terms of Use”)

Last updated: January 6, 2019

Welcome to hkoffers.com. We are Your Marketing Muse (H.K.) Limited (referred to as “we”, “us”, “our”, “the Company” or “hkoffers”), a company incorporated under the laws of Hong Kong, registered in Hong Kong, with company registered number BR 6921116-000-07-18-5 and registered office at Flat E, 17th Floor, Block 1, Tong Tak Street, Tseung Kwan O Plaza, Tseung Kwan O, Hong Kong. We own and operate this Site and we provide a range of services related to this Site.

This is a legal document which is the agreement between you and us. By using our Site or any part of it or any of our Services, you (refer to as “you”, “your”, “Client” or “Customer”) agree that you have read all terms and conditions that appear below (all of which are also called the “Agreement”) and that you accept and agree to be bound by them. Please read them carefully before using our Site.

  1. Our Site and Services
  2. When used in this Agreement,

    1. “Site” means hkoffers’s websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific websites, or other websites that link to or reference these terms.
    2. “Services” means all or any of the services provided by hkoffers via the Site (or via other electronic – or other – communication from hkoffers) including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Site (including the ability to make a purchase).
  3. What We Do
    1. hkoffers provides a platform (including this Site, mobile applications, etc.) where,
      1. we, our affiliates and Merchants (collectively, “Sellers”) can list offers for Vouchers, deals, goods and other products (collectively, “Items”); and
      2. you can purchase various Items from Sellers.
    2. As a platform provider, we help facilitate transactions for Items on our platform. We provide a venue for Sellers and you to complete transactions. hkoffers is responsible for managing and administering the Site, arranging order processing and fulfilment (if applicable) for the Items you ordered through the Site.
    3. In addition, hkoffers may also provide a forum to submit or post User Content, as well as send newsletters and other communications to you. Please refer to our Privacy Policy for details on our data collection and processing practices.
  4. Legal Relationships
    1. Since we are a platform provider (as explain in section 2 above), this means that in addition to this Agreement, you may have other contractual relationships with different legal entities when you interact with the Site.
    2. When you place an order, you are making an offer to buy from the Seller the Item(s) at the total amount of the order (including selling price of the Item, other charges, etc.) as indicated at such time.
    3. Whatever Item you purchase via the Site will be subject to the terms and conditions of that Seller. This means that your contract of sale may be with hkoffers or another company or entity. And the Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller.
    4. Please also note that in respect of purchases of a Voucher, in addition to the contract of sale you will have with the Seller of the Voucher, there will also be a contract between you and the company or entity that actually provides the Merchant Offering when you redeem the Voucher with that company or entity (i.e. the Merchant). You understand that the Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering.
      1. “Voucher” means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to exchange for and receive the Merchant Offering from the relevant Merchant during the period of time stated on the Voucher (the “Redemption Period”). In addition to related terms in this Agreement, a Voucher is also subject to terms and conditions listed on the Voucher itself and/or on the page of the Site from which the Voucher was purchased.
      2. “Merchant” means the seller, supplier and/or provider of the Merchant Offering for which a Voucher can be redeemed. Merchant is not the seller of a Voucher. Merchant is a third party unrelated to hkoffers.
      3. “Merchant Offering” means the goods and/or services to be supplied and/or provided by the Merchant to the Voucher Holder, as described on hkoffers’s Site and on the Voucher (and for such goods and/or services a Voucher can be redeemed). The Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering.
    5. Except where otherwise specified,
      1. hkoffers is not the seller, supplies and/or provider of the Merchant Offering;
      2. hkoffers only sells and supplies the Voucher; and
      3. in respect of any Voucher, hkoffers assumes no responsibility for any contract regarding the redemption of your Voucher with the Merchant.
  5. Scope of Use
    1. The Site and our Services (including the content provided) are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
  6. Registration
    1. “Register” means to create a user account with hkoffers (“Account”) on the Site, and “Registration” means the action of creating an Account.
    2. Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access much of our Services. In particular, you suggest you to Register in order to make a purchase. This is so that we can provide you with easy access to print your Voucher, view your past purchases and modify your preferences. You Register with us so you do not need to re-enter your information every time you place an order.
    3. To Register you need to supply us with your name, email address, and possibly some other personal information.
    4. By Registering:
      1. 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. you confirm the registration information (“Account Information”) provided are true, accurate, complete and current; and promise to maintain and promptly update your Account Information to keep it true, accurate, complete and current when using our Site and Services;
      3. you promise you will safeguard your username and password;
      4. authorize us to assume that any person using our Site with your username and password is either you or is authorized to act for you.
    5. Password: During Registration, you will need to set up your password for your Account. You must keep your password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
    6. All Accounts must be Registered with a valid personal email address that you access regularly. Any Account which have been Registered with someone else’s email address or with temporary email address may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.
    7. We may send administrative notices, any information regarding your Account activity and purchases, as well as updates about our Site and Services and our promotional offers. We may also, with your consent, send you other promotional notices. You can opt-out of the promotional notices at any time by following the instruction to unsubscribe (such as to click to a link or reply to unsubscribe) as explained in such notices.
    8. Once registered, you can view and change your Account Information at any time on the profile setting webpage. You must update it immediately of any changes to your Account Information so that we can communicate with you effectively. We will not be responsible for any loss experienced by the user due to his/her failure to update the Account Information.
    9. If we have reasonable grounds to suspect that any Account Information is untrue, inaccurate, not current or incomplete, we have the right to decline a new Registration or to suspend or cancel an Account at any time. hkoffers reserves the final rights.
  7. Product Descriptions
    1. hkoffers attempts to be as accurate as possible. However, hkoffers does not warrant that product descriptions or related content on our Site is accurate, complete, reliable, current, or error-free. If you find an Item offered on our Site is not as described, please refer to our “Refund Policy”.
    2. The availability of an Item (including Voucher) is as shown online and will be updated regularly by the Seller (or the Merchant, if Voucher). They should not be relied on as definite statements as to whether the Item (or the Voucher or the Merchant Offering that the Voucher can be redeemed for) you wish to purchase are actually in stock.
  8. Place an Order to Purchase a Voucher
    1. To place an order with hkoffers, you must meet the following requirements (“Qualification of Purchase”):
      1. at least 18 years old;
      2. hold a valid credit card that is accepted by hkoffers as a form of payment and is issued by a licensed bank; or
      3. a legit and valid account user of other “non-credit card” Payment Method (if available) that is accepted by hkoffers; and
      4. the personal and payment information (including a true name, email, mobile number and other information our Site requires) provided with the order are valid, true, complete and correct;
    2. When you place an order to purchase a Voucher, you are making an offer to hkoffers to purchase the Voucher. When you are directed to a webpage that indicates your order is accepted and an order number is provided, it confirms hkoffers’s acceptance to your offer (the “Contract”) and your purchase of the Voucher is completed. hkoffers will also send you a confirmation email to the email address provided by you.
    3. hkoffers expressly reserves the right to reject your offer. In addition, even if hkoffers has accepted your offer, hkoffers can cancel the Contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against hkoffers, an affiliated third party of hkoffers or the Merchant.
    4. hkoffers reserves its right not to accept or cancel an order for any reasons at its sole discretion, including without limitation:
      1. your payment authorization is not granted;
      2. you do not fit the Qualification of Purchase as defined in section 7.1 above;
      3. the Merchant Offering related to the Voucher you purchased is insufficient in stocks or the Voucher is cancelled by us or the Merchant due to any reasons;
      4. it is noticed the Voucher you purchased was listed at an incorrect price or showed with incorrect product description due to a human or computer error or an error in the information provided by the Merchant; and
      5. problem(s) are found with your order but you are not reachable or not responding to communication that hkoffers sends to you at its reasonable endeavours.
    5. You may cancel an order according to section 13.2.
    6. If the order is cancelled by us, we will notify you by email, and if you have already made any payment, we will make a refund according to the Refund Policy. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
  9. Price and Payment
    1. We will use all reasonable commercial endeavors to display accurate and up to date prices on our site. However, because prices of the Items for sale are often updated by the Sellers (or the Merchants in respect of Vouchers) we may not been able to state the definite price until we send you our acceptance of your order. For the same cause, we do not warrant that the prices will be error-free and we reserve the rights to rectify any mistakes.
    2. If we aware there is an error on the prices of the Items you have purchased, we will inform you as soon as possible by email, then you can choose to re-confirm the order or cancel the order. If you are not reachable in a reasonable period of time, we will cancel such order.
    3. Unless otherwise specified, all Items on the Site are listed, and orders will be charged, in Hong Kong dollar (HKD).
    4. We only accept the following (collectively, “Payment Method”):
      1. credit card payments made by AE, Visa and MasterCard (“credit card”).
    5. For orders paid by credit card, the upper limit of each purchase at hkoffers is HK$50,000. You may be subject to certain limits (if any) in relation to your daily transaction limit of your own credit card.
    6. When you place an order to purchase, you authorize us to debit the Payment Method you specify on your order for the total amount of the order at the time we send our acceptance of your order.
    7. By paying with a credit card, you are confirming you are the holder of such credit card, or you are authorized to use such credit card. If your credit card issuer refuses to grant hkoffers the authorization to charge for payment, we accept no responsibility for any delays or invalidity of the Voucher caused by such refusal.
    8. We use third party payment service to process online transactions. When you place an order, you agree and accept that your information needed to process the payment (in particularly your credit card information) will be collected, processed, and kept by 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 transaction, and in no event shall any such losses in whole or in part be borne by us.
    9. We do not collect or keep your credit card information. If you choose to save your credit card information for express checkout (if any), you agree and accept that the information will be encrypted and stored by the third party payment service providers.
    10. We have made every effort to make clear whether the quoted prices for Items 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 Seller or by operation of law that is in addition to the price.
    11. If your credit card is not denominated in Hong Kong dollar (HKD), the final amount being charged to your account will be at your account currency, based on the applicable exchanged rate as defined by your card-issuing bank.
    12. On behalf of the Merchant, hkoffers may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher (such as delivery charges). All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
    13. We reserve the right to change the Payment Method and related terms for online purchase without prior notice.
  10. Promotion / Coupon Code
    1. Unless otherwise specified, promotion codes or coupons offered by hkoffers shall only be applicable for one-off purchase at the Site, might not allow to apply together with other offers or discount, and are subject to related terms and conditions.
    2. Promotion codes or coupons are neither refundable nor redeemable for cash. Any unused amount will be forfeited.
    3. hkoffers reserves the right to terminate or vary the offer(s) associated with a promotion code or coupon. In the event of any dispute, hkoffers’s decision shall be final and conclusive.
  11. Delivery
    1. Except where otherwise specified, hkoffers do not offer any delivery service to any Voucher or Merchant Offering.
    2. In the event that the Site indicates a delivery service is provided for a Merchant Offering, hkoffers will collect your delivery and contact details at the time of purchase. hkoffers will then pass these details to the Merchant on your behalf. The Merchant will then process the redemption of your Voucher and dispatch the Merchant Offering to you.
    3. It is the responsibility of you to inform the Merchant immediately of any change to your delivery address or preferred delivery time slot after placing order. You can also inform hkoffers such that hkoffers can inform the Merchant about the changes on your behalf.
    4. Since the delivery service is provided by the Merchant, the Merchant may have its own terms and conditions (including restrictions) and/or related charges applicable to the delivery of the Merchant Offering. When you accept the offering of such delivery service, you agree its terms and conditions and agree to pay the related charges to the Merchant directly or to be collected by hkoffers on behalf of the Merchant. If you have a complaint regarding the provision of the delivery service, you must take action against the Merchant directly. You understand hkoffers is unable to bear any responsibilities or liabilities on the delivery service provided by the Merchant.
    5. The delivery of Merchant Offering shall be accepted by yourself or by the designated person addressed at the order (except where you have specifically instructed to leave your delivery outside the door or at the concourse – missing delivery under such circumstances shall be at your own risk) when the Merchant Offering are delivered to the address you give us for delivery.
    6. You agree and accept that hkoffers and/or the Merchant are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons (including but not limited to your provision of incomplete or incorrect delivery address).
  12. Redemption of a Voucher
    1. Unless expressly stated otherwise, each Voucher sold by hkoffers:
      1. can only be redeemed once;
      2. is only valid for number and type of persons as stated on the Voucher;
      3. can only be redeemed entirely and in full, but not redeemed partially or incrementally;
      4. is a single-purpose Voucher; and
      5. can only be redeemed directly with the Merchant and not with hkoffers;
    2. In order to redeem a Voucher,
      1. you can choose the Merchant Offering to be delivered by the Merchant (if available) when you place an order to purchase a Voucher, which such action is also giving the Merchant an instruction to redeem such Voucher immediately; or
      2. if you are redeeming the Voucher on-site, you must present the Voucher to the Merchant within the Redemption Period; and
      3. you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant.
    3. Responsibility for the Merchant Offering: Please note that the Merchant is (but not hkoffers):
      1. the seller, supplier and/or provider of the Merchant Offering;
      2. the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
      3. solely responsible for providing the Voucher Holder with the Merchant Offering and for the Merchant Offering itself.
    4. Further to section 11.2 above, if you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore and you are not entitled to any reimbursement or compensation.
    5. Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant Offering at a specific time. You are strongly recommended to contact the Merchant at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant Offering. hkoffers cannot influence the supply and/or provision of the Merchant Offering.
    6. If you wish to redeem the Voucher for goods and/or services other than the Merchant Offering, you must liaise with the Merchant directly. Even if the Merchant so agrees, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant to you.
    7. Further to section 11.1.3 above, if, for whatever reason, you do not redeem the Voucher entirely but redeem it with the Merchant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
  13. Use of a Voucher
    1. Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
    2. The commercial trade (e.g. reselling) of a Voucher is prohibited
    3. The reproduction, forgery or modification of a Voucher is prohibited.
    4. Your Voucher is solely your responsibility. Neither hkoffers nor the Merchant are responsible for your lost or stolen Vouchers or Voucher reference numbers or Voucher security codes. hkoffers will not handle any request for retrieving Voucher, Voucher reference numbers or Voucher security codes.
    5. You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
    6. Any attempt to redeem a Voucher contrary to any of the terms in this Agreement may render a Voucher void at hkoffers’s discretion and hkoffers reserves all rights to pursue legal action.
  14. Cancellation (and exceptions), Refunds and Problems (“Refund Policy”)
    1. All refunds must fulfil all requirements of hkoffers’s Refund Policy.
    2. You may cancel your purchase of the Voucher within 12 hours upon our confirmation as indicated on the Site (the “Voucher Cancellation Period”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request the services to begin being provided to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher.
    3. Further to section 13.2 above, if you want to cancel your purchase of a Voucher, you should send an email to cs@hkoffers.com during the Voucher Cancellation Period with the following information:
      1. Reason why you want to cancel such purchase; and
      2. Order number of your purchase of such Voucher.

      After verifying all the information provided, hkoffers will handle the case. If you cancel your purchase of the Voucher in accordance with this section 13.3, hkoffers will refund you the purchase price minus the transaction fee (as described in section 13.5) within 30 days from the day which you informed hkoffers about your cancellation.

    4. In the event that you do not fit the Qualification of Purchase as defined in section 7.1, hkoffers will cancel your order(s) and associated Voucher(s) as soon as hkoffers becomes aware of such disqualification. hkoffers will inform you such cancellation by email and refund you the purchase price minus the transaction fee (as described in section 13.5) within 30 days.
    5. Further to sections 13.3 and 13.4 above, 5% bank charge or credit card charge (“Transaction Fee”) is non-refundable.
    6. If hkoffers aware of the following:
      1. the Voucher you purchased was listed at an incorrect price or showed with incorrect product description due to a human or computer error or an error in the information provided by the Merchant; or
      2. problem(s) are found with your order,

      hkoffers will inform you as soon as possible by email, then you can choose to re-confirm the order or cancel the order. In case you are not reachable or not responding to communication that hkoffers sends to you at its reasonable endeavours, hkoffers will cancel your order and refund the Purchase Price of the Voucher within 30 days.

    7. In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, hkoffers will notify you as soon as possible by email. hkoffers will offer you either a new Voucher with comparable benefits (if available) or refund the Purchase Price of the Voucher within 30 days.
    8. If you have been unable to redeem your Voucher with the Merchant before the expiry of the Redemption Period through no fault of your own, you may be entitled to a refund. In order to receive a refund, you must prove to hkoffers’s reasonable satisfaction that your inability to redeem the Voucher was not your fault. The decision to grant a refund, the refund amount and the form of refund (such as electronic coupon for client’s future purchase) is within the sole discretion and final right of hkoffers.
    9. If you do not redeem your Voucher within the Redemption Period for any personal circumstances, the Voucher expires automatically without further notice. Expired or unused Voucher cannot be exchanged. hkoffers shall not make any compensation for expired or unused Voucher.
    10. Unless you expressly inform hkoffers in advance not to, any refund will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform hkoffers by email immediately at cs@hkoffers.com. If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund. hkoffers will not provide more than one refund, nor bear any cost that might associate with any of your act to obtain such refund.
    11. You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against hkoffers related to, arising out of, or connected to that Voucher.
    12. Since hkoffers is not responsible for the supply or provision of the Merchant Offering, once your Voucher is redeemed you are NOT entitled to a refund (in whole or in part).
    13. If you redeem your Voucher, but the Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must take action against the Merchant directly. This is because the Merchant, and not hkoffers, is responsible for the sale, supply and/or provision of the Merchant Offering. hkoffers only sells and supplies the Voucher. As such, hkoffers is unable to bear any responsibilities on the Merchant Offering or other goods and/or services sold, supplied and/or provided by the Merchant. However, if you and the Merchant cannot agree on how to resolve the complaint, hkoffers may, upon your request, try to help resolve the issue between you and the Merchant.
  15. User Content
    1. User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit or post any text such as reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photos, videos, sounds, musical works and other materials (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content.
    2. Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.
    3. Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. hkoffers does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Other restrictions and forbidden activities you should be aware of are listed in section 16 below.
    4. Use of User Content: hkoffers has the sole and absolute right, but not the obligation, to review, pre-screen, edit, post, refuse to post, remove and monitor the User Content. hkoffers further has the sole and absolute right in its sole discretion, but not the obligation, to refuse or remove the User Content, or disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by hkoffers, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, hkoffers has the right to remove any material from the Site in its sole and absolute discretion. hkoffers assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. hkoffers has no obligation to use your User Content and may not use it at all.
    5. Modifying or Removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. hkoffers makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
    6. Public Nature of User Content: You understand and agree that User Content is public. Any person (whether or not a user of hkoffers’s Services) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. hkoffers is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.
    7. Disclaimer: Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by hkoffers. Other users may post User Content that is inaccurate, misleading or deceptive. hkoffers does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of hkoffers. hkoffers does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.
    8. Grant & License: Some User Content you submit to hkoffers may be displayed or may give you the option to display it in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. As between you and hkoffers, you shall retain all of your ownership rights in and to the User Content you submit or post. However, when you submit any User Content or other information on or through the Site, you grant hkoffers a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to (a) use, reproduce, distribute, publish, edit, translate, perform, display, transmit, communicate to the public, publicly perform, modify, create derivative works from, offer for sale and sell, and otherwise use the User Content (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) alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees and without compensation to you; and (b) use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or later developed, and to sublicense such rights through multiple tiers of sub-licensees, all without compensation to you. However, hkoffers shall have no obligation to use your personal information in connection with any User Content. hkoffers’s license in any User Content or personal information submitted includes use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose. Without limitation, the rights that you grant to us under this section include a right to grant each user of the site a sub-license to use the User Content to the extent permitted by the functionality of the site from time to time. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory, whether such rights subsist now or at any time in the future in any place in the world.
    9. Copyright Policy and Procedure: hkoffers reserves the right to terminate the right to use the Site by anybody who infringes the copyrights of another. If you believe that any material has been posted via the Site by a user in a way that constitutes copyright infringement, and you would like to bring this material to hkoffers’s attention, you must provide hkoffers with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    10. Unsolicited Ideas: hkoffers does not accept or consider, directly or through any our employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
      1. hkoffers has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
      2. hkoffers will own, and may use and redistribute Unsolicited Materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
  16. hkoffers’s Standards of Services and Limitation of its Liability
    1. hkoffers promises that it will exercise reasonable care and skill in performing any obligations under this Agreement, and it will not contravene the requirements of fairness or professional diligence in what it does.
    2. “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) – and for the purposes of this definition, all references to “Agreement” shall be deemed to include any collateral contract.
    3. Nothing in this Agreement shall exclude or limit our liability for (a) death and personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation made by itself; (c) serious misconduct by us, excluding serious misconduct not conducted by hkoffers itself; or (d) any implied contractual terms that cannot be excluded or limited under applicable law. You are obliged to take reasonable steps to avert or reduce damages.
    4. Notwithstanding section 15.3 above, since we only provide the Site and Services for your non-business use, hkoffers is not liable for any other losses or damages you may suffer, including but not limited to:
      1. loss of income or revenue;
      2. loss of actual or anticipated profits;
      3. loss of business; or
      4. indirect or consequential losses (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
    5. hkoffers only promise the Vouchers fit for their purpose, but it does not promise the completeness, fitness for purpose or legality of the Merchant Offering. hkoffers is not liable for the quality, safety, usability or any other aspect of the Merchant Offering.
    6. hkoffers shall not be liable for any breach of our obligations under this Agreement, or any failure to provide or delay in providing hkoffers’s Services through the Site, where it is hindered or prevented from carrying out its obligations or providing Services by any cause or event or circumstance beyond its reasonable control.
    7. Other than the liability arising under section 15.3 above, which is unlimited, hkoffers’s total liability to you will in no circumstances exceed the amount of the purchase price of the Item or Voucher.
  17. Your Obligations
    1. Accurate information: You warrant that all information provided on Registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.
    2. Content on the Site: It is your responsibility to ensure that any Items or information available through the Site meet your specific requirements, including but not limited to ensure the Vouchers are of satisfactory quality and fit for your purpose.
    3. Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:
      1. to upload, send or receive any material, including User Content, which is not civil or tasteful;
      2. to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
      3. to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
      4. to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
      5. to cause annoyance, inconvenience or needless anxiety;
      6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
      7. for a purpose other than which we have designed them or intended them to be used;
      8. for any fraudulent purpose; or
      9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
    4. Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
      1. resell the Services or Site;
      2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
      3. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
      4. access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
      5. execute any form of network monitoring which will intercept data not intended for you;
      6. send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
      7. create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
      8. send malicious email, including flooding a user or site with very large or numerous emails;
      9. enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
      10. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
      11. use in an unauthorized manner, or forge, mail header information;
      12. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or
      13. copy or use any User Content for any commercial purposes.
    5. Equipment: The Services and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
  18. Rules about use of the Services and the Site
    1. Errors and omissions: We are not liable for errors or omissions (e.g., listing a Voucher at $1.99 instead of $199) if we have complied with the standards set out in section 15 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Voucher, Item, Services or information on the Site or forming part of the Services from time to time.
    2. Viruses and similar stuff: We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.
    3. Stopping access: Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We reserve also the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
    4. Closing accounts: We reserve the right to close Accounts if any user is violating our terms of use (i.e., this Agreement), including if he is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a user pretends to be located in a country different from where he actually resides, or if he disrupts the Site or the Services in any way.
    5. Multiple accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.
  19. Warranties
    1. You represent, warrant and covenant that:
      1. you have the legal right and authority to grant the license in section 14.8 above;
      2. you will not use our Site for any fraudulent or unlawful purpose;
      3. you will not collect or store personally identifiable information about other users.
      4. you will not upload, post, email, offer or otherwise transmit any contents in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit;
      5. you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licenses which are required for you to grant us the license in section 14.8 above;
      6. you will not 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; or provide any User Content that is illegal, defamatory, tortuous, abusive, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our Site;
      7. you will not 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;
      8. you will not transmit or otherwise make available in connection with our Site any virus, worm, Trojan horse or any other computer code, files or programs 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, or that would interrupt, destroy or limit the functionality of our site and/or computer software or hardware or telecommunications equipment constituting them;
      9. you will not 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);
      10. you will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Site (including our applications or software);
      11. you will not impersonate any person or entity by way of transmitting any forged or manipulated contents through the use of any services.
      12. you will not frame or mirror any part of the site without our express prior written consent;
      13. you will not create a database by systematically downloading and storing the Content, User’ Content or any Site content; and
      14. you will not infringe any proprietary rights or intellectual property rights (including, but not limited to, copyright, design right, patent, trademark, trade secret of any party);
      15. you will not provide any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
  20. Suspension and Termination
    1. We have the right at our sole discretion to deny or prevent or suspend you (and/or any users other than you, with your permission) from using the Services and/or Site (in whole or in part) without notice, and to decline to provide our Services (including cease to supply any of the content) to you and/or such users that are using the Services and/or Site in breach of any of the terms in this Agreement.
    2. If we suspend the Services or Site, we may refuse to restore the Services or Site for you until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
    3. hkoffers shall fully co-operate with any law enforcement authorities or court order requesting or directing hkoffers to disclose the identity or locate anyone in breach of this Agreement.
    4. Without limitation to anything else in this section 19, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
      1. you commit any breach of this Agreement;
      2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
      3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
    5. Notwithstanding anything else in this section 19, we may terminate this Agreement at any time.
    6. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
  21. Privacy
    1. 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 such Privacy Policy, which forms part of this Agreement.
  22. Advertisements
    1. Any advertisements may be delivered on our behalf by a third party advertising company, which may, on our behalf, place or recognize a unique “cookie” on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see our cookies policy and privacy policy.
  23. Linked Websites
    1. Where the Site contains links, including hypertext links, take you outside our Site to third party sites and to resources and/or services provided and managed by third parties (together “Other Sites”). Those Other Sites are merely 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 have no control over, do not accept, and we assume no responsibility for Other Sites or for the content, services, products or actions of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Other Sites, you do so entirely at your own risk. If you purchase any of the products or services offered by Other Sites, you are purchasing directly from those third parties, not from hkoffers. You should carefully review their privacy statements and other conditions of use.
  24. Intellectual Property
    1. hkoffers grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by hkoffers. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, (subject to section 23.4 below) materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
    2. None of the material listed in section 23.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of hkoffers or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.
    3. “hkoffers”, the hkoffers logos and variations thereof found on the Site are trade names owned by hkoffers and all use of these names inures to the benefit of hkoffers. You may not use hkoffers’s names, logos, or brands without the hkoffers’s express permission. Other marks on the site not owned by hkoffers may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of hkoffers unless otherwise stated, or may be the property of their respective owners. All taglines, trademarks, get-up, product names, product descriptions, company names, logos or titles 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 taglines, trademarks, get-up, product names, product descriptions, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
    4. Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.
    5. Except in respect of User Content, the authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.
    6. Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to section 14, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, transferrable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sub-licensees, all without compensation to you, for the purpose of operating the Site and providing the Services.
  25. Electronic Communications
    1. When you use our Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through any of our Services, and understand you can retain copies of these communications for your records.
    2. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    3. Unless otherwise stated in this Agreement, notices related to an order to be given to either party shall be in writing and shall be delivered by electronic mail.
    4. Any email notice hkoffers sends to you will be to the email address you supplied when you purchase an Item or when you registered for your Account. You can send any notice to hkoffers at the email(s) as set out on our Site.
  26. Indemnity
    1. You agree to indemnify us and all of our directors, employees and contractors, defend all of us and hold us all harmless from and against any claim, actions or demands, loss, damage, cost, expense (including legal and accounting expenses) or other liability which may be incurred by us arising out of your use, or your use as said by others (including, under any circumstances due to your action or lack of action, any third party’s use of our Site or our Service with your Account or identity or your credit card), of our Site or our Service or any of your breach of the covenants, warranties, representations and agreements herein.
  27. Changes to Terms and our Services
    1. We may unilaterally revise the terms in this Agreement by updating this posting at any time without prior notice. The revised terms will take effect when they are posted. If any dispute arises, our determination shall be final. We also reserve the right at any time without notice to revise the content of our Site (including the Services offered by us). 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.
    2. Further to section 26.1 above, we may modify, suspend, or update portions of, or the whole Service, which is provided free-of-charge, if it is necessary for our policy or for operational needs and we may not provide separate compensation to you, unless specified in provisions of related laws.
  28. Force Majeure
    1. If the performance by hkoffers of its obligations relating to the services it supplies on this Site is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the HKSAR or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of hkoffers), hkoffers shall be excused from such performance to the extent of such prevention.
  29. Disclaim of Warranties and Limitation of Liability
    1. Content: hkoffers shall use all reasonable commercial endeavors to ensure the accuracy of the content on our Site but we and our employees, contractors and any third party provider (collectively “we” or “us” in this section) give no warranties and make no representations, express or implied, statutory or otherwise regarding the use or handling of the information received or stored by us, or accuracy, quality, reliability, completeness or timeliness of the content, or its fitness or use 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 any damages, loss, costs or expenses arises, directly or indirectly, from your reliance or use (whether authorized or not) of the information or content contained on our site.
    2. 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.
    3. In addition, we do not warrant or represent that:
      1. access to our Site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free;
      2. any services (whether or not provided by us) will be provided with due care and skill; or
      3. any goods or services accessed, offered or obtained through the Site or pursuant to the Information;
      4. the access to the Site will be uninterrupted or does not contain any viruses, or contaminating or destructive properties.
    4. 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:
      1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Site (including using our applications or software) or any information on the Site;
      2. the unavailability of the Site (or any part of it), Services (or any part of it) or any Items;
      3. any Items or Merchant Offering not being of merchantable quality or fit for their intended purpose; or
    5. Save as required by law:
      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
      2. we will have no liability to pay any money to you by way of compensation except otherwise specified in this Agreement.
    6. None of the above exclusions shall affect any statutory rights which are not capable of being excluded.
  30. General
    1. If you breach any term in this Agreement and hkoffers takes no action against you this does not mean that hkoffers has waived its rights and remedies with regard to your breach. hkoffers may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under this Agreement.
    2. 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.
    3. Where in these terms representations and warranties are made to us and to suppliers of Items 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.
    4. You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement, whether in whole or in part, without our written consent.
    5. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any third party, including our associated companies, to provide the Services to you on our behalf or to perform any of our obligations under this Agreement.
    6. Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
    7. Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
    8. No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
    9. No Third party rights: All provisions of this Agreement apply equally to and are for the benefit of hkoffers and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it. This means that other than as set out in the first sentence above, you and us are the only people who can enforce the terms of this Agreement.
    10. In any event, the provisions of sections 1, 2, 3, 4, 8, 14, 15, 19, 23 and 29 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Services or Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Site. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.
    11. If any clause of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
    12. This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with laws of the Hong Kong Special Administrative Region (“Hong Kong” or “HKSAR”), without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Hong Kong.
    13. Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.