The Website is provided by HKP on an "as is" and "as available" basis. HKP does not warrant that the operation of the Website will be uninterrupted or error free. HKP disclaims to the fullest extent permissible by law, all representations and warranties, express or implied, in relation to or in connection with the Website, any Services, Products, Delivery Services, Order and other transaction conducted by means of the Website. HKP does not represent or warrant that the Website is suitable for any particular purpose or that it will meet any particular requirements.
The Content of the Website may contain technical inaccuracies or typographical errors. Users agree that the use of the Website is at their sole risk.
HKP does not represent or warrant that the Website or the server from or by or through which it is made available, or e-mails sent from HKP to Users, are free of viruses, trojans or other harmful components. Neither HKP nor any Related Persons will be liable for loss or damage arising out of or in connection with the use of the Website or its Content. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and Claims of third parties.
○ Merchant Products and Delivery Services
○ HKP Products and Delivery Services
No Merchant Products mentioned, introduced, or sold on or over the Website are offered or provided by HKP. You place no reliance whatsoever on HKP or any Related Persons regarding the accuracy or reliability of any of the information that may be accessed by means of the Website concerning the Merchant Products. The contracts for the purchase, acquisition or obtaining of the Merchant Products including the delivery or incidental services in respect of the Merchant Products will be made between the Customer and the Merchant offering, providing or selling the same. HKP is not a party to these contracts and is simply providing a means by which business can be assisted and/or on-line payments made. In this regard, neither HKP nor its Related Persons is acting or holding itself out as the agent of the Merchant or the Customer.
You are strongly encouraged to make whatever enquiry you feel necessary or appropriate before proceeding with any transaction (either online or offline) with the Merchants. HKP and its Related Persons make no and/or disclaim all representations and warranties, express or implied, (if any), with respect to availability, merchantability, fitness for a particular purpose of the Merchant Products. HKP and its Related Persons shall not be responsible and shall in no event be liable for any damage whatsoever, including, without limitation, costs of procurement of substitute goods or services, loss of profits, loss of data or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the unavailability, use, inability to use, performance or non-performance of the Merchant Products that are mentioned, introduced, or sold on or over the Website.
HKP provides logistics and delivery services to the Merchant in relation to the delivery of Merchant Products to the Customer and in the return/exchange of Merchant Products. Such logistics services will benefit the Customer as a third party. For example, the Customer may use the postal tracking services provided by HKP to track delivery of the Merchant Products. The Customer acknowledges that the contract for logistics and delivery services is between HKP and the Merchant. HKP and its Related Persons shall not be held liable to the Customer and/or the recipient of the Merchant Products for any non-delivery, delay in delivery, loss of or damage to the Merchant Products due to the breach by HKP of any of its obligations in the provision of these logistics and delivery services.
Subject to the above, delivery of Merchant Products to the Customer is subject to the prevailing standard terms and conditions of service for the particular type of Delivery Services selected by the Customer. The Delivery Services provided by HKP may be modified, replaced or substituted by HKP from time to time. Please read the special remarks under the Product information or refer to the relevant section of the FAQs for details.
Delivery of Merchant Products from outside Hong Kong to the Merchant or its agents is undertaken by the Merchant's own service provider and not HKP. HKP and its Related Persons are not responsible for nor are they liable to the Customer for transportation and delivery of the Merchant Products by these service providers.
HKP hereby disclaims, to the extent permissible under all applicable law, all representations and warranties, whether express or implied, in respect of HKP Products. Delivery of HKP Products to the Customer is subject to HKP's prevailing standard terms and conditions of service for the particular type of Delivery Services selected by the Customer. The Delivery Services provided by HKP may be modified, replaced or substituted by HKP from time to time. Please read the special remarks under the Product information and refer to the relevant section of the FAQs for details.
Prices for Products are set out in the relevant Product Section. However, HKP cannot confirm the price of a Product until the Order is placed. Whilst we make reasonable commercial efforts to ensure that price information is correct and up-to-date, if it is not up-to-date or there is any mistake in that regard for whatever reason, including our having been supplied with incorrect information by any Merchant or supplier, such that the correct price for such Product and/or Service differs from the price shown on the Website, we shall:
- if the correct price is lower than the shown price, charge you the lower price (and refund the excess to you as soon as possible without interest); or
- if the correct price is higher than the shown price, be entitled, at our entire discretion, to either contact you to confirm your agreement to the correct price or cancel your Order and notify you of such cancellation.
If we cancel your Order, we will refund to you any amount paid to us as soon as possible without interest but this is the maximum extent of our liability to you in respect of that Order.
In any event we reserve the right to decline or cancel Orders, to decline to provide any Services, Products and/or Delivery Services or cancel any Membership Account in our absolute discretion at any time without giving any reason.
> Product Information
HKP and Merchants endeavor to be accurate with regard to Product Information. However, HKP does not represent or warrant that Product Information is accurate, complete, reliable, current, or error-free and HKP accepts no liability to you in that regard.
> Linked Third Party Websites
The Website may contain hyperlinks to allow Users to access third party websites, which are not maintained or controlled by HKP. HKP does not review, endorse or recommend, and is not responsible for, any Linked Third Party Website. Such links are provided only as a convenience to Users. HKP is not liable for the Content of any Linked Third Party Website or for any Claims arising out of or in connection with the use or operation of any Linked Third Party Website.
> Website Information
Website Information is for reference only. Whilst HKP endeavors to ensure the accuracy of Website Information, HKP gives no express or implied representation or warranty as to its accuracy, completeness or suitability for any purpose thereof. All liability of HKP howsoever arising from any inaccuracies, incompleteness or unsuitability in Website Information is expressly excluded to the fullest extent permitted by law. HKP is entitled to delete, suspend or edit any Website Information at any time at its absolute discretion without giving any reason or notice.
Users are responsible for making their own assessment of Website Information and Content. Users are advised to verify such Information and may wish to obtain independent advice before acting on it.
> Exclusion of Certain Categories of Loss
Neither HKP nor any Related Persons will be liable to you for any Claim to the extent that the same is or can be characterized as a Claim for (or arising from):
- any economic loss (including, loss of business opportunity, goodwill, contracts, revenue, profit or anticipated savings);
- loss of goodwill or injury to reputation;
- indirect, special or consequential loss or damage; or
- loss of data
regardless of the form of action, whether in contract, strict liability, tort (including negligence) or otherwise, and regardless of whether HKP or the Related Persons knew or had reason to know of the possibility of the loss, injury or damage in question.
> Death or Personal Injury
HKP shall not be under any liability whatsoever for or in respect of any injury to or death of any Customers save and except where any such injury or death is caused by the Negligence of HKP. For the purposes of this paragraph "Negligence" shall have the same meaning as that assigned to it in Section 2(1) of the Control of Exemption Clauses Ordinance (Chapter 71 of the Laws of Hong Kong).