This Contract is made between the applicant and the Government of the Hong Kong Special Administrative Region (the Government) as represented by the Postmaster General. The applicant is deemed to have accepted all the Terms and Conditions below and the Contract shall come into existence with immediate effect when the applicant submits the order in the manner prescribed. Please read the Terms and Conditions carefully before completing and submitting your order:
All references hereunder to "Hongkong Post" (HKP) shall be construed as "the Postmaster General acting through HKP". Unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing a gender include any gender.
1. HKP does not keep or store any image file(s) (electronically or otherwise) created from the documentation for any purposes including reordering. A new set of the documentation is required to develop the customised mini-panes, even the image(s) used in this order is the same as the one used in the previous customized mini-panes.
2. No amendment or touch-up will be made to the documentation in the production process of customised mini-panes.
3. The documentation, once submitted to HKP, will not be returned. The Government shall not be liable for any loss, damage or expense suffered or incurred as a result of damage or loss of the documentation.
4. The applicant (i) acknowledges and agrees that he is the issuer of the ordered HWS; (ii) agrees that he shall not claim, quote or suggest that the Government is the issuer of the ordered HWS; (iii) agrees that he shall not associate in any way the Government or its name in any publicity, promotion or other communications concerning the ordered HWS.
5. The applicant hereby grants a perpetual, irrevocable, royalty-free and non-exclusive licence (carrying the right to grant sub-licences) to the Government and its authorised users, assigns and successors in title the right to utilise the intellectual property rights in the documentation for production of the ordered HWS and/or for all other purposes contemplated by this Contract.
6. The applicant hereby warrants that the documentation and the exercise of the rights conferred on the Government, its authorised users, assigns and successors in title under the licence referred to in clause 6 above will not infringe any intellectual property rights of the Government or any third parties. The applicant hereby waives and undertakes to procure all the authors concerned to waive all the moral rights in the documentation. Such waivers shall take effect upon the submission of the documentation by the applicant to HKP.
7. The applicant further warrants that all necessary lawful authority or consent of all persons (or their respective lawful guardians if they are minors), whose images or information are reproduced or contained in the documentation, have been obtained to use their images or information and to authorise the Government and its authorised users, assigns and successors in title to use their images or information for the production for the ordered HWS and for all other purposes contemplated by this Contract.
8. The applicant acknowledges and agrees that the Government may at its absolute discretion terminate this Contract forthwith by giving notice to the applicant but without giving any reason. In the event of termination of this Contract by the Government, the Government shall return to the applicant the documentation and refund to the applicant any payment received. The refund will be made without interest or any other compensation whatsoever within two months after the termination (i) by cheque sent to the applicant’s address stated in the order form or the applicant’s last known address if the payment was settled by cash or cheque or (ii) by crediting the applicant’s credit card if payment was settled by credit card. The Government will not bear any fee or penalty whatsoever charged by any credit company or its agents or subcontractors or any person involved in the chain of refund, irrespective of whether the refund method made by the Government is different from the applicant’s original payment method for the order. The Government shall not be liable for any loss, damage or expense suffered or incurred as a result of the termination.
9. The provision of HKP’s HWS is solely for the purposes relating to “Love and Care” and/or “Celebrations” themes. Examples of “Love and Care” and/or “Celebrations” themes include: birthdays & anniversaries (of individuals and/or organisations), new born babies, weddings, special events such as opening new company, launching new product and listing on the stock exchange. HKP shall have the sole and absolute authority to determine whether any theme and/or documentation have met the purposes or requirements stipulated in this clause. Any decision made by HKP under this clause shall be final. HKP will not provide any reason for the decision.
10. The applicant shall not submit documentation with theme(s) that are in whole or in part likely to:
(a) incite hatred towards or cause ill-feeling, embarrassment or anxiety to any group of persons, being a group defined by reference to colour, race, sex, religion, political or other opinion, national or social origin or other status or generally among the community;
(b) contravene any law or ordinance; or
(c) undermine public health or morals.
Any decision made by HKP as to whether any theme and/or documentation have met the requirements stipulated in this clause shall be final. HKP will not provide any reason for the decision.
11. Notwithstanding any other provisions in these Terms and Conditions, the Government is entitled to reject any order without giving any reason. In the event that the Government rejects any order in accordance with any other clause of these Terms and Conditions (including without limitation clause 9, clause 10 and clause 17 hereof), the Government will return to the applicant the documentation and refund the payment received (if any) from the order without any interest or any other compensation . The Government shall not be liable for any loss, damage or expense suffered or incurred as a result thereof.
12. The applicant agrees to indemnify the Government against all claims, actions, proceedings, liabilities, losses, demands, charges, costs, damages or expenses that may be suffered or incurred by the Government, its authorised users, assigns and successors in title in connection with the exercise of any of the rights conferred on the Government, its authorised users, assigns and successors in title under the licence referred to in clause 5 above or any breach of the terms and conditions herein, including any infringement of a third party's intellectual property rights (including any moral rights) existing in any documentation or any part thereof or unauthorised use of a third party's image, design or other material, or any part thereof.
13. Variations in colour, image quality and position may occur in the finished product. The applicant acknowledges that the finished image is dependant on the quality of the documentation. The Government shall not refund any payment received or shall not accept any request for free replacement on the ground of dissatisfaction with the finished image.
14. The stamp mini-panes’ designs are subject to change (without notice) at the absolute discretion of HKP.
15. The ordered product will be delivered by HKP’s Local CourierPost to the address stated in the submitted order form, following the delivery terms and practices of HKP’s Local CourierPost. The Government reserves the right to appoint other courier to deliver the ordered product without notice. If the ordered product is not successfully delivered, HKP will issue a notice to the applicant for collection of the ordered product at the Hongkong Post Philatelic Bureau at 1/F, Trade Square, 681 Cheung Sha Wan Road, Kowloon or such other office of HKP as may be specified in the notice within 3 months from the date of the notice. In the event the ordered product is not collected after this 3-month period, the applicant hereby acknowledges and authorises HKP to dispose of the ordered product at its sole discretion and the applicant shall have no claims or rights whatsoever in relation to this order and the Government will not make any refund. The Government shall not be held responsible for the condition of ordered product kept by HKP during the 3-month period. The Government reserves the right to claim against the applicant for the expenses incurred by safekeeping the uncollected ordered product before disposal.
16. While every care will be taken to ensure that the HWS will be produced and dispatched within the specific period requested, delivery delays may occur. If the applicant wishes to use the ordered HWS for a special occasion, the applicant should ensure that the order is placed well in advance of the special event to allow plenty of time for the order fulfillment. The Government shall not be liable for any loss, damage or expense suffered or incurred as a result of any delivery delay.
17. The signed and/or company chopped (if applicable) delivery receipt of HKP postal service of any kind (or other courier appointed by HKP for the delivery), whether the signature and/or company chop was put on by the applicant/recipient or by a representative on behalf of the applicant/recipient, is treated as an official proof of delivery of ordered product. HKP reserves the right to make final decision on any disputes or matters relating to this clause.
18. The service provided by HKP pursuant to these Terms and Conditions is subject to the Post Office Ordinance. The Government reserves the right to amend these Terms and Conditions from time to time without prior notice.
19. Clauses 5, 6, 7 and 12 hereof shall survive the termination of this Contract.
20. In these Terms and Conditions, “image materials” includes any material containing text, images, icons, logos and/or other graphic work.
21. These Terms and Conditions are in both English and Chinese. Should there be any conflict between the two versions, the English version shall prevail.