DISCLAIMER AND LIMITATION OF LIABILITY
1. The information, materials, representation, graphics, images, video, sound, music, text (“Information”) in relation to the products (“Products”) offered and displayed in or through our website (“Website”) are provided by us or our suppliers (“Suppliers”), or from the websites of the Suppliers or other parties linked to or with the Website (the “Linked Websites”) which we have no control of, on an "As is" and "As Available" basis. We do NOT warrant or guarantee the accuracy, adequacy, reliability or completeness of the Information. We expressly disclaim any liability for errors or omissions in the Information in the Website and the Linked Websites to the extent allowed by the applicable laws. We do NOT endorse any content provided in the Linked Websites.
2. We do NOT give and DISCLAIM any implied, express or statutory warranty, or warranty of any kind, regarding the Information or the Products or the online ordering services provided in the Website (“Online Ordering Services”), including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose, uninterrupted access or transmission and freedom from computer virus.
3. We shall NOT be liable for any damages, loss or expenses arising from or in connection with any access, use, interruption in access or use, or the inability to access or use, of the Website, the Linked Websites, the Online Ordering Services or the online payment system, or the reliance on any contents or Products shown on the Website or the Linked Websites, including but not limited to any direct, indirect, special, or consequential damage or economic loss.
4. In particular in relation to the online payment system, to the extent permitted by law, we will NOT be liable for any loss or damage (including indirect and consequential loss) suffered by you due to (i) any failure, delay, interruption, suspension or any other restriction affecting your online payment; (ii) any errors, malfunctions or breakdown of your bank’s payment mechanism; or (iii) any other matter arising out of, or in connection with, the online payment system.
5. We shall NOT be liable for any delay or failure in performance and delivery resulting directly or indirectly from acts of nature or causes beyond our reasonable control including, without limitation, failure of the Internet, computer equipment, telecommunication equipment or other equipment, electrical power failure, strikes, labour dispute, shortage of labour or materials, fires, floods, storms, explosions, acts of God or delay or non-performance by third parties.
6. Nothing in the Website is intended to be or shall be deemed or treated as our endorsement, approval or recommendation of any Products.
7. In any event we shall NOT be liable to you for any amount over the total billing amount of the order paid by you.
8. You understand and agree that nothing displayed or provided in or being accessible from the Website is intended to be or shall be deemed or treated as specific advice or recommendations for you, and you should not rely upon them on such regards. You agree that you will rely solely on the advice of your medical doctors in relation to the use of any medical or health Products.
9. You agree that you will not use any Information displayed or provided in or being accessible from the Website for diagnosing, treating, curing or preventing a health problem.
ORDER PLACED BY YOUR ACCOUNT
10. You are responsible for keeping your account name and password confidential, and restrict access to your computer after logging into the Website. You are responsible and liable for all activities occurred and orders placed under your account or password.
11. We reserve the rights to refuse service, terminate accounts, and cancel orders in our sole discretion.
12. We reserve the rights to cancel any of your orders we have accepted and/or sent confirmation of order for, including but not limited to the following circumstances:-
a. we consider in our sole opinion, that the order is unreliable having checked the customer's information and transaction records;
b. we fail to contact you to confirm the transaction or delivery time within a reasonable time;
c. the Product is unavailable due to situations including but not limited to the Product being out of stock, the failure of the inventory system, the unavailability of the Product from the Supplier or manufacturer, product recall required by the Supplier or authority, or other safety reasons;
d. there are obvious errors, mistakes or inaccuracies in relation to the representation of the Products or their selling prices on the Website.
13. If you are under 16, you may use our service only with the involvement of a parent or guardian.
14. We may change, vary, modify, update and/or delete the prices of the Product or the Information on the Website from time to time without any prior notice. In such cases, the prices and the Information will be effective immediately after their display on the Website, except if they are due to clerical or technical errors or mistakes for example in copying and data transmission.
15. We accept payment by Visa, Mastercard, American Express, Shop Pay, Apple Pay, Google Pay. We may vary the payment method from time to time, and will place notice on the Website to inform you such change.
16. We only provide delivery service to commercial or residential addresses in Hong Kong Island, Kowloon, the New Territories and some designated areas of the outlying islands as specified on the Website from time to time. Additional delivery charges may be incurred for delivering the Products to the addresses at the outlying islands (please refer to the Website for further details). We make no representation that we provide delivery service to all locations within the Hong Kong Special Administrative Region, and will inform you if we cannot provide delivery service to your address.
17. The delivery service will be provided according to the delivery schedule as shown on the Website. We reserve our rights to change the delivery schedule without prior notice.
18. You must notify us any change or correction of your delivery address immediately. We may not be able to deliver the Products to you in time according to the original schedule if the delivery address is changed or corrected after placing order. Additional delivery charges may be incurred on you if the Products have been delivered to a wrong address provided by you.
19. There will be no delivery when the typhoon signal number 8 (or above) or the black rainstorm signal is hoisted.
20. There will be free delivery for each order of a total billing amount of or over certain sum(s) as set out on the Website for delivering to the same address. For each order of a total billing amount below the said sum(s), there will be a delivery charge for the delivery to each delivery address (subject to any additional delivery charge as stated in clause 16 if applicable).
21. You must ensure that a person of 16 or above is present at the time of delivery at your delivery address for receiving the Product and making payment (if payment is to be made upon delivery). If no such person is present, we will attempt to make the delivery at another time but an additional delivery charge may be incurred.
22. We are not liable to you for any loss or damages due to our late delivery of the Products for any reasons. You are not entitled to rescind or cancel the order due to our late Delivery of the Products.
RETURN OF PRODUCTS AND REFUND
23. Sometimes the Product may not exactly correspond with the pictures or photographs of the Product as shown on the Website. We do not accept return or refund of Product simply due to such difference in the look of the Product.
24. We will make the following arrangement in the corresponding circumstances as follows if they are reported to us by email at email@example.com within 1 hour upon delivery of the Product:-
a. If any Products are delivered in damaged condition or if any Products are omitted in the delivery, we shall, at your option, either re-deliver the Products to you (and in exchange for the damaged Products if applicable) at no additional costs or refund the billed amount for such Products to you.
b. If any Products are wrongly delivered for the Products you ordered, we shall collect the wrongly delivered Products in unused condition, and at your option, either deliver the correct Products to you at no additional costs or refund the billed amount of such Products to you.
c. If any Products not included in your order are delivered to you by mistake, we reserve our rights to collect such Products in unused condition from you.
d. If you are charged more than the correct billing amount, we shall refund you the difference.
e. If you are charged less than the correct billing amount, we shall charge you the difference.
25. Any refund will be made in form of cheque.
26. The Products for replacement will be delivered at our earliest convenience after you have requested replacement in accordance with these Terms and Conditions.
COPYRIGHT AND TRADE MARK NOTICE
27. The copyrights and trade marks in relation to the representation of the Products and the content in the Website including any logos, text, graphics, icons, images, photographs, video, sound, music, data, software, and the compilation and arrangement thereof (the “Content”) belong to us or our Suppliers. No display or use of any copyrighted materials or trade marks in the Website should be construed as granting to you any license or rights to use any copyrighted materials or trade marks by the owners of the copyrighted materials or trade marks by implication, estoppel, or otherwise.
28. You shall not copy or use any copyrighted materials, trade marks or any portion of the Content in the Website without the express written consent of the corresponding copyright, trade mark or Content owners.
RIGHTS OF USE
29. You agree to abide by all applicable laws and regulations and are solely responsible for all your acts or omissions, including in providing any information when placing order.
30. In accessing or using the Website, you have no rights or authorization to, and agree not to:-
a. create a false or misleading identity of a customer or user to use the Website.
b. interfere with the use and enjoyment of the Online Ordering Services or the Website by another customer or user.
c. gain or attempt to gain unauthorized access to the Website or other accounts, computer systems or networks in connection with the Website.
d. download, copy, republish, redistribute, reuse any portion of the Content or the Website except for viewing the Website;
e. re-format, frame or enclose any portion of the Content or the Website onto another website or for any purposes;
f. modify the Content to create derivative works based on any Content;
g. create hyperlink to the Website for any commercial use whether by yourself or others;
h. adopt or collect any Information or any portion of the Content for commercial use whether by yourself or others;
i. collect, gather, extract any information or data, including but not limited to email addresses, account name, passwords, contact and personal information from the Website you have no rights or entitlement to by any information or data extracting or gathering software or tools or otherwise;
j. access the Website or use the Online Ordering Services other than for your own personal use;
k. access the Website or use the Online Ordering Services in any unlawful manner or in any manner that will damage, disable or interfere with the function of the Website or our services;
l. transmit or upload any materials to the Website which contain software viruses or programs for damaging, disabling, interrupting or limiting the function of the Website or any software, hardware or telecommunication equipment related thereto.
Any breach of the Terms and Conditions herein shall immediately terminate any license of rights for you to access the Website and use the Online Ordering Services.
31. We reserve our rights to demand you to remove any hyperlink to the Website or unauthorized use of the Content on the Internet, or cease any use of information or data extracting or gathering software or tools on the Website, while you shall immediately remove such link, Content and cease using such information or data extracting or gathering software or tools upon receiving our demand.
32. You agree to indemnify us against any loss, damages or costs incurred in any action arising from or incidental to your unauthorized use of the Website, the Online Ordering Services or breach of the Terms and Conditions herein.
COMMUNICATIONS AND NOTICE
33. You agree to receive communications from us through the email you provided. You agree to receive any communications from us which may serve as a notice to you by way of email or by posting the notice on the Website, in addition to any other ways of service allowable under the applicable laws.
GOVERNING LAWS AND JURISDICTION
35. You agree that the Terms and Conditions will be governed by the laws of the Hong Kong Special Administrative Region, and are under the exclusive jurisdiction of the Hong Kong Courts.
36. By accessing the Website or using the Online Ordering Services, you agree to be bound by the above disclaimers and Terms and Conditions, and the updated version being revised from time to time, in relation to the use of the Website. Your continuing use of the Website or the Online Ordering Services after such revision shall constitute your agreement to the revised Terms and Conditions. You should visit this page regularly to view the current version of the binding Terms and Conditions.
37. If for any reason a court finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue to be in full force and effect. These Terms and Conditions shall survive the termination of your registration for the Online Ordering Services.
38. These Terms and Conditions are provided in English and Chinese versions. If there is inconsistency between the English and Chinese versions, the English version shall prevail.
ZUELLIG PHARMA LIMITED
Dated: 01 OCTOBER, 2010