Terms and Conditions of Service / Use (“Terms & Conditions”)
By using the Sites, Users acknowledge and agree that, if applicable, apart from being bound by the Terms and Conditions set out herein, they will at the same time be bound by the terms and conditions of the relevant and applicable Site(s) that they use and the terms and conditions of the relevant and applicable Site(s) operated by the Company which their Materials (as defined in Clause 4(a) below) are being / have been uploaded to or posted on.
Users further acknowledge and agree that they shall comply with all applicable laws, statutes, ordinances and regulations (whether or not having the force of law) regarding their use of the Sites. Users recognize the global nature of the Internet and understand that the applicable laws, statutes, ordinances and/or regulations may be of a jurisdiction other than their own and agree that compliance with the same is their absolute responsibility.
The terms “User” and “Users” herein refer to all individuals and/or entities accessing and/or using the Sites at anytime, whether in Hong Kong or elsewhere, for any reason or purpose.
(a) The Company offers one or more of the following services through the Sites pursuant to the Terms and Conditions:- (i) as online directory for pet shops and services; (ii) as platform for sharing comments and photos related to pet shops and services; (iii) provision of pet shop management system and/or merchant service system; (iv) advertising services for Advertiser(s) and/or Merchant(s) (including but not limited to posting advertisements, promotional campaigns, offers, marketing materials and hosting special events); and (v) any other contents, features, services and/or applications made available by the Company via the Sites (hereinafter singly or collectively referred to as the "Services").
(b) The Company reserves the rights, in its sole discretion, to modify the Services, including without limitation by removing, adding, or modifying any portion of the Sites and to edit, modify, share, erase, delete or remove any Materials posted on the Sites for any reason from time to time and without notice. The Company shall have no liability to any Users for any of the foregoing actions except pursuant to terms of any service agreement signed with the Company, if any.
(c) Except as specified in the Terms and Conditions, the Company is not a party to any actual transaction between Users.
(e) The Company takes no responsibility whatsoever for the content on the Sites or any content sent through the Sites, or for any content lost and does not make any representations or warranties regarding the content or accuracy of any material therein.
(f) The Company does not guarantee that the Services will always be available or uninterrupted.
2.Registration as Member
(a) Users may freely browse the Sites for information and use the tools which the Company makes available therein. However, certain contents and functions of Sites, including without limitation submission of pet shops and services review is only available to registered members of the Sites (“Members”).
(b) A User may become a Member of the Sites by registering online at the section “Member Registration”. Users warrant that the personal particulars which they provide when they register as Members of the Sites are true, accurate, current, complete and not misleading in all respects, and further undertake to promptly update the Company where there is any subsequent change in such particulars. Users’ failure to do so would entitle the Company to suspend and/or terminate their membership account (“Account”) with the Sites without further notice and/or recourse to the related Users.
(c) Users must not select a username or password that violates any person’s rights or one that in the Company’s opinion is offensive, improper or inappropriate. If a User does so, the Company reserves the right to modify or delete the username or password and/or terminate his/her Account with the Sites. In any event the Company shall not be liable in any way for any improper use of a username or password by any User.
(d) Users shall be solely and entirely responsible for maintaining the confidentiality of the login information and password and any other information in respect of their Accounts and responsible for all activities that occur in connection with the Account. In no event shall the Company be responsible or liable for any loss or damage in relation to the unauthorized use of Account by any person.
(e) Users agree to immediately notify the Company of any unauthorized use of their Accounts or any other breach of security with respect to their use of the Services.
(f) Registration requests made pursuant to Clause 2(b) may be refused by the Company at its sole and absolute discretion and Users agree that the Company is under no obligation to send Users any alert, notice or explanation regarding the Company’s rejection of membership registration.
(g) The Company reserves the rights to deactivate or cancel any User’s Account at any time as it deems necessary.
3.Prohibited Uses for all Users
(a) Users of the Sites, including Members, agree not to use any of the Sites for any of the purposes which are expressly prohibited below: - i) All Users are prohibited from interfering with, disrupting or violating, or attempting to interfere with, disrupt or violate the security, servers or network of the Sites (including without limitation, accessing data not intended for them, logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network, attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mails). Violation of system or network security by Users may result in civil and/or criminal liabilities. ii) A User shall not delete or revise any material or information posted by any other Users. iii) Users shall not use the Sites (1) for uploading, posting, publishing, transmitting, distributing, circulating or storing material in violation of any applicable laws or regulations; (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; (3) in any manner that is illegal, harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful or is otherwise offensive or objectionable; or (4) for commercial purposes other than pursuant to these Terms and Conditions or terms and conditions of any service agreement(s) entered into between the Company and the User. In particular, Users shall not print, download, duplicate or otherwise copy or use any personally identifiable information about other Users (if any). The sending of unsolicited communications of any type by a User to other Users is strictly prohibited. iv) Users shall not use the Sites if they do not have legal capacity to form legally binding contracts or they are prohibited by law from accessing or using the Services. v) Users shall not upload or post any advertisement or materials on the Sites contains any false, inaccurate, misleading, libelous content, computer viruses, trojan horses, worms, computed files or other materials that may interrupt, damage or limit the functionality of any computer software or hardware or telecommunication equipment. vi) Users shall not upload or post any materials involving the sale or provision of any illegal products or services or any materials containing fraudulent information. vii) Users shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited. viii) Users shall not access or use the personal data of any other Users without his/her express permission. ix) Users shall not assign or transfer any rights or obligations under these Terms and Conditions to any third person without the Company’s prior written consent thereto. x) Members shall not allow others to use his/her username and password to access or use any Sites. xi) Users will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the Sites and/or the Services.
4.Acceptable uses of the Sites
(a) Specific uses - Applicable to User(s) uploading or posting photos, content, views, comments, messages, materials and/or any information on the Sites (hereinafter collectively referred to as the “Material(s)”).
User(s) uploading or posting the Materials shall hereinafter referred to as the "Posting User(s)".
b) Specific uses - User(s) viewing and/or using the Materials posted on the Sites (hereinafter referred to as the "Viewer(s)")
The Viewer agrees that he/she/it shall only use the Sites for lawful purposes and for enjoying the Services provided therein. The Viewer agrees that any personal data received via the Sites or from the Company shall only be used for the purpose of identifying and/or locating advertisements or materials or any content therein or for the purpose of enjoying the Services provided through the Sites. Any personal data received which are irrelevant to the above purposes shall be disregarded and shall not be saved, stored, collected, processed, used, distributed, published, disclosed or transmitted in any way, including but not limited to for any commercial purpose. The Viewer also agrees that any personal data collected via the Sites or from the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.
The Company shall not be responsible or held liable in any way if any Users, in breach of any applicable laws and regulations, the Terms and Conditions or the terms and conditions of any relevant and applicable Site(s), whether in Hong Kong or elsewhere, use any other Users’ personal data, information or materials (whether obtained from the Sites or not) for any purpose. All Users accept that all personal data, information or materials provided by them publicly on the Sites are voluntarily provided and are given entirely at their own risk. The Company shall not bear the responsibility of protecting the personal data, information or materials so provided publicly therein.
c) Specific Uses – Merchant(s) using any module of the merchant service system
6.Intellectual Property Rights
All contents of the Sites, including without limitation the text, images, information, comments, layout, database, graphics, photos, pictures, sounds or audio formats, software, brands and HTML are the intellectual properties of the Company or the Users (as the case may be) which are protected by applicable copyright and trademark laws and may not be downloaded, copied, modified, reproduced, printed or distributed in any way except that Users may download and/or print a copy of such materials for their own legal and non-commercial uses or for such purposes as permitted under the terms and conditions of any service agreement(s) entered into between the Company and the User(s)). Any use of any of such content other than those permitted under the Terms and Conditions, the terms and conditions of any specific Site(s) and the terms and conditions of any service agreement(s) entered into between the Company and the User(s) is strictly prohibited and the Company reserves all its rights in this respect. Users acknowledge that they will be solely responsible for any adverse consequences arising from their breach of copyright laws and/or other intellectual property laws.
For the avoidance of doubt, any purported consent of any third parties on the use of the contents and materials mentioned under this Clause shall not exonerate the Users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
Users agree that the Company is free to use, disclose, adopt and modify all and any ideas, concepts, proposals, suggestions, comments and other communications and information provided by them to the Company in connection with the Users’ use of the Sites without any remuneration or compensation to them. Users hereby waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to the Company’s use, disclosure, adoption and/or modification of such ideas, concepts, proposals, suggestions, comments and/or other communications and information.
The Sites provide sorting and filter settings for Users to adapt the search results to their preferences using criteria such as availability, distance, Services’ popularity, Services’ reviews or other criteria. The Company continually optimizes the Sites to provide Users the best experience and may test different default sort order algorithms from time to time.
Users acknowledge that the Company may not pre-screen or pre-approve certain content posted on the Sites or any content sent through the Sites. In any event, the Company takes no responsibility whatsoever for the content on the Sites or any content sent through the Sites, or for any content lost and does not make any representations or warranties regarding the content or accuracy of any material therein.
Any Materials uploaded or posted on the Sites by the Users may be viewed by users of other web sites and/or media platforms and/or applications linked to the Sites and the Company is not responsible for any improper and/or illegal use by any user or third party from linked third party web sites and/or media platforms and/or applications of any data or materials posted on the Sites. Links to third party web sites and/or media platforms and/or applications provided on the Sites are provided solely as a convenience to the Users and as internet navigation tools, and not in any way an endorsement by the Company of the contents on such third party web sites and/or media platforms and/or applications. Unless otherwise stated on the Sites, the Company has no control over or rights in such third party web sites and/or media platforms and/or applications and is not responsible for any contents on such third party web sites and/or media platforms and/or applications or any use of services provided by such third party web sites and/or media platforms and/or applications by the Users.
All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any Materials, web page or other information contained therein placed by them. The Company is not responsible for the content of any third party web sites and/or media platforms and/or applications (regardless of whether they are linked to the Sites), and does not make any representations or warranties regarding the contents or accuracy of materials on such third party web sites and/or media platforms and/or applications. If any User accesses via hyperlinks on the Sites any third party web sites and/or media platforms and/or applications, he/she/it does so entirely at his/her/its own risk.
The Company shall have the right to remove any Materials uploaded or posted on the Sites, to expel the Users from and prevent their further access to the Sites (by way of, including but not limited to, terminating the membership accounts and blocking the Users’ Internet Protocol addresses) at its sole discretion without any notice, compensation or recourse to the Users if the Company considers at its sole discretion that such Users have breached or is likely to breach any law or regulations or the Terms and Conditions or any terms and conditions of any specific Site(s) or service agreement(s) entered into between the Company and the User(s).
In the event that the Company decides to remove any paid advertisement or paid services for any reasons not relating to any breach of law or the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Sites or that the service has been provided, refund the remaining fees (if any) to the related Advertiser or Merchant in accordance with the Terms and Conditions or the terms and conditions of any specific Site(s) or service agreement(s) entered into between the Company and the related Advertiser or Merchant (including without limitation the Service Order(s)), without prejudice to the Company’s rights and remedies hereunder.
The Company may not monitor the Sites at all times but reserves the right to do so. The Company does not warrant that any Materials or web page or application will be viewed by any specific number of Users or that it will be viewed by any specific User. The Company shall not in any way be considered an agent of any User with respect to any use of the Sites and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Sites, for whatever reason made.
The Company does not warrant that the Sites will operate error-free or that the Sites and their server are free of viruses or other harmful mechanisms. If use of the Sites or their contents result in the need for servicing or replacing equipment or data by any user, the Company shall not be responsible for those costs. The Sites and their contents are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, including, without prejudice to the foregoing, any in respect of merchantability, non-infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability, completeness or timeliness of the contents, services, text, graphics and hyperlinks on the Sites.
All Users shall use the Sites and any other websites and/or media platforms and/or applications access through the Sites, entirely at their own risk.
All Users are responsible for the consequences of their postings. The Company does not give any representations or guarantees regarding the truthfulness, accuracy or reliability of any Materials uploaded or posted by the Posting Users or endorse any opinions expressed by the Posting Users. Reliance by any User on advertisements and materials posted by the other Users will be at their own risk. The Company reserves the right to expel any User and prevent his/her/its further access to the Sites, at any time for breaching this agreement or violating the law and also reserves the right to remove any Materials which is abusive, illegal, disruptive or inappropriate at the Company’s sole discretion.
All Users agree to indemnify, and hold harmless the Company, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from their use of the Sites, their use of any services provided by the Company via the Sites, or their breach of any term of this Terms and Conditions or any terms and conditions of any specific Site(s) or service agreement(s) entered into between the Company and the User(s). The Company will provide prompt notice of any such claim, suit or proceedings to the relevant User.
12.Limitation of the Service
The Company shall have the right to limit the use of the Services, including the period of time that Materials will be posted on the Sites, the size, placement and position of the Materials, email messages or any other contents which are transmitted by the Services.
13.Termination of Service
The Company shall have the right to delete or deactivate any account, or block the email or IP address of any User, or terminate the access of Users to the Services, and remove any Materials within the Services immediately without notice for any reason, including but not limited to the reason that the User breached any law or the Terms and Conditions or any terms and conditions of any specific Site(s) or any service agreement(s) entered into between the Company and the User(s). The Company reserves the right at any time to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against any such User. The Company shall have no obligation to deliver any Materials posted on the Sites to any User at any time, both before or after cessation of the Services or upon removal of the related Material(s) from the Sites.
The Company does not have control over and does not guarantee the truth or accuracy of listings of any Materials posted on the Sites or any content on third party web sites and/or media platforms and/or applications accessed via the Sites.
The Company shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from any causes beyond the Company’s reasonable control, including but not limited to Internet failure or any system default.
The Company does not guarantee uninterrupted, continuous and/or secure access to the any Services via the Sites. Part of or the entire Sites may be unexpectedly unavailable for whatever duration and for whatsoever reasons that may include but not limited to system malfunctions and disruptions, Internet access downtime and other technical problems beyond the Company’s control for which we cannot and shall not be held responsible. The Company reserves the right to take any part or the whole of the Sites offline with or without notice for reasons including but not limited to system maintenance or upgrading.
The contents of the Sites, such as text, graphics, images, and other material contained the Sites are for informational purposes only. Such content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
The Sites do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites. Reliance on any information provided by the Company, its employees, others appearing on the Sites at the invitation of the Company, other Users or other visitors to the website is solely at the User’s own risk.
In any event, the company, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns shall not be liable for any losses, claims or damages (including but not limited to direct, indirect, incidental, special, punitive or consequential damages, loss of business or profit) directly or indirectly suffered by any user whatsoever and howsoever arising or resulting from or connected with (i) any User’s or inability to use the Sites, their contents or the services, including negligence and disputes between any parties; (ii) any User’s use of any services or products provided by any Merchants or Advertisers; and/or (iii) any performance, non-performance, conduct or policies of any Merchants or Advertisers.
The Company is not an agent of any of the Merchants or Advertisers.
15.Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any User for all claims and expenses arising from their use of the Services and/or the Sites shall be limited to the amount of HK$1.
If, at any time, any provision of the Terms and Conditions is or becomes invalid, illegal or unenforceable in any respect, neither the validity, legality and enforceability of the remaining provisions nor the validity, legality or enforceability of such provision under the applicable law will in any way be affected or impaired.
For the purposes of Clauses 18 to 20, the following definitions shall apply:
“Merchandise” means the goods (including without limitation food and beverages) or services you ordered through our Site, which you will pay for.
“Supplier” means the seller and supplier of the Merchandise you ordered through our Site.
“we”, “us” or “our” is a reference to (name of person or company providing the services).
“you” or “your” is a reference to the person to whom we are providing the services or delivering Merchandise and who is required to pay for the Merchandise we delivered.
Except where otherwise specified, we are not the seller or Supplier of the Merchandise. We are responsible for managing and administering the Site, arranging order processing and fulfillment for the Merchandise you ordered from the Suppliers through our Site.
When you place an order you are making an offer to buy from the Supplier the Merchandise you have specified at the price stated for those Merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
• details of what you have ordered, and
• details of the price charged, and
• dispatch and delivery information.
Our acceptance of your order will only cover the Merchandise mentioned in it and may not cover all the Merchandise you ordered. If this is the case, then the order you made for the remaining Merchandise will only be accepted when we send a further acceptance of that part of your order.
The availability of the Merchandise is as shown online and will be updated regularly by the Supplier. They should not be relied on as definite statements as to whether the Merchandise you wish to purchase are actually in stock.
We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
• no sufficient stock to deliver the Merchandise you have ordered;
• one or more of the Merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the Supplier.
If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
19.Price and Payment
We will use all reasonable commercial endeavors to display accurate and up to date prices on our Site. However, because prices of the type of Merchandise for sale are often updated by the Supplier we cannot state the definite price until we send you our acceptance of your order.
the price of the Merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
• cancel your order, or
• contact you to ask you whether you wish to pay the higher price or cancel your order.
If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your credit card. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
We only accept credit card payments made by Visa, MasterCard, American Express and UnionPay. When you place an order you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order and you represent to us that you shall be authorised to make such payment. Title in the Merchandise does not pass to you until payment has been received.
We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and 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 transactions, and in no event shall any such losses in whole or in part be borne by us.
20.Returns or Exchanges
Unless otherwise specified, no return or exchange of Merchandise will be accepted. Please read the returns or exchanges policy as specified by the Supplier carefully before you place an order.
22.Governing Law and Dispute Resolutions
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as "Hong Kong").
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be submitted to the non-exclusive jurisdiction of the Hong Kong courts.
23.Rights of Third Parties
Except as expressly set forth herein, no person other than the parties to these Terms and Conditions shall have any right to enforce or to enjoy the benefit of any term hereof.
The Terms and Conditions have been drafted, and shall be construed, in the English language. Any translation of the Terms and Conditions is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms and Conditions shall always prevail.
Please contact us at [email protected] to report any violations of this Terms and Conditions or to pose any questions regarding this Terms and Conditions or any Services.