CLAUSE 6 – LIMITATION OF THE PREPAID COUPONS SERVICES
CLAUSE 7 – DISCLAIMER OF WARRANTIES
CLAUSE 8 – LIMITATION OF LIABILITY
CLAUSE 9 – INDEMNITY
2.1. Our Platforms enable Business Users to offer and sell Tickets, Tokens, as well as other products (from time to time) and/or redeem Coupons to Users, by accepting credit cards, debit cards and/or other payment methods via payment processing services operated by third-party vendor/service provider(s) made available on the Platforms. An ES Product entitles a User to redeem services and/or products for use in the business location of the Business User as designated by the Business User (being the Redemption Locations as defined in Clause 6.3 of the Terms of Business) and pursuant to the Terms of Purchase and the specific terms of the ES Products as displayed on the Platforms when an ES Product is purchased.
2.2. Save as to the use of third-party links provided by the Business User, in order to be eligible to purchase an ES Product directly from the Platform, you may register as an ES Member as per Clause 5 of the Terms and Conditions and, subject to the Conditions, either produce a digital or printed copy of the ES Product to the respective Business User.
2.3. In order to purchase and/or redeem any ES Product, you must submit valid credit card, debit card account information and/or other information (“Card Information”) as requested by us and/or the Payment System Provider via the Platforms to process the Transaction.
2.4. By submitting the Card Information through the Platforms, you represent and warrant that:
2.5. In the event that you directly purchase an ES Product from the Platform and not through a third-party link and by clicking the “Purchase” or “Buy” button, you acknowledge that you have submitted an order to the Company to purchase the ES Product and have accepted the Conditions as displayed on the Platforms when the ES Product is purchased.
2.6. The Purchase is completed after the ES Product has appeared on your Account. The Company will also notify you of the completion of purchase of the ES Product by email.
2.7. When you make a purchase on our Platforms, we will collect your personal data such as name, address, date of birth, passport/ID number and email address to make arrangements for your purchase and otherwise as necessary to fulfil the contract for your purchase. After the Purchase, the Company will notify the applicable Business User and provide it with your name, passport/ID number, mobile telephone number, address and/or email address for identification.
2.8. You acknowledge and agree that:
3.1. You acknowledge and agree that:
4.1. You must either (i) access the Account with your mobile device and internet connection or (ii) access your email to which we sent you the ES Product in order to redeem the ES Product and present at the designated Business Location, subject to the Conditions.
4.2. You acknowledge and agree that:
4.3. Subject to the Conditions, if an ES Product cannot be redeemed before the end of the Validity Period, provided that you have not been in breach of any clause of these Terms of Purchase and through no fault of yours, you may be entitled to a refund from the Business User of the purchase price of such ES Product by providing the Business User with satisfactory evidence to justify the refund which may be made through such method as determined by the Business User. The decision to make a refund is at the Company’s sole discretion, which shall be final and conclusive.
4.4. We reserve the right to, at our sole and absolute discretion, void or re-issue any ES Product, that has been directly purchased through the Platform and not through a third-party link, and/or close any Account if we suspect that a ES Product is obtained, used, or applied to/by an Account fraudulently, dishonestly, unlawfully, or otherwise in violation of the Terms of Purchase.
5.1. As a Business User who offers and/or sells ES Products, you acknowledge and agree that:
6.1. The Company reserves the right, at its sole discretion, to edit, modify, share, erase, delete or remove any materials posted on any Platforms, for any reason, without giving any prior notice or reason to you. You acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Purchase Services.
7.1. The Company does not have control over and does not guarantee the truth or accuracy of listings of any User Contents by User and/or Business Users on the Platforms or any content on Links (as defined in clause 6.2 of the Terms and Conditions) accessed via the Platforms. You acknowledge that all contents in relation to an ES Product are not endorsed or recommended by the Company. You understand that the Company:
7.2. YOU EXPRESSELY ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE TO YOU IN RELATION TO THE PURCHASE, USE OR REDEMPTION OF ANY ES PRODUCT AND IS NOT RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY BUSINESS USER AND THE BUSINESS LOCATION IN CONNECTION WITH THE SALE, USE OR REDEMPTION OF ANY ES PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY FAILURE BY ANY BUSINESS USER AND/OR THE BUSINESS LOCATION TO HONOR ANY ES PRODUCT OR THE IMPOSITION OF ANY TERMS AND CONDITIONS ON ANY ES PRODUCT INCLUDING QUALITY, SAFETY, USABILITY OR ANY ASPECT OF THE ES PRODUCTS AND/OR SERVICES PROVIDED BY THE BUSINESS USER OR BUSINESS LOCATION THAT VIOLATES ANY APPLICABLE LAWS OR REGULATIONS. IN ANY EVENT, ANYTHING ARISING THEREFROM SHALL BE MATTERS ENTIRELY BETWEEN YOU AND THE APPLICABLE BUSINESS USER.
7.3. THE COMPANY DOES NOT WARRANT THAT THE PLATFORMS WILL OPERATE ERROR-FREE OR THAT THE PLATFORMS AND THE COMPANY’S SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF THE PLATFORMS OR THE ES PRODUCTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE PLATFORMS OR THE ES PRODUCTS 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 USER CONTENTS, SERVICES, TEXT, GRAPHICS AND LINKS OF THE PLATFORMS.
8.1. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE PLATFORMS, USER CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE PLATFORMS OR SUBMITTED BY YOU TO THE PLATFORMS; (B) YOUR INABILITY TO USE THE PLATFORMS AND/OR THE ES PRODUCTS; (C) MODIFICATION OR REMOVAL OF USER CONTENT POSTED, UPLOADED OR SHARED ON THE PLATFORMS; (D) THE BUSINESS USER OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORMS SUCH AS THE ES PRODUCTS; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A BUSINESS USER SUCH AS ES PRODUCTS; (F) THESE TERMS OF PURCHASE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. THE AGGREGATE LIABILITY OF THE COMPANY TO ANY USER FOR ALL CLAIMS AND EXPENSES ARISING FROM THEIR USE OF THE SERVICES AND/OR THE PLATFORMS SHALL BE LIMITED TO THE AMOUNT OF (A) HK$100 OR (B) THE VALUE OF THE PURCHASE ES PRODUCT UPON WHICH LIABILITY IS BASED, WHICHEVER IS HIGHER. THE LIABILITY LIMITATIONS IN THIS CLAUSE ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A BUSINESS USER OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY THE COMPANY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.
9.1. YOU 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) (I) ARISING FROM OR RESULTING FROM YOUR USE OF THE PLATFORMS OR THE ES PRODUCTS, (II) YOUR USE OF ANY SERVICES PROVIDED BY THE COMPANY VIA THE PLATFORMS, (III) FRAUD COMMITTED BY YOU OR YOUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, OR (IV) YOUR BREACH OF ANY TERM OF THESE TERMS OF PURCHASE OR ANY TERMS AND CONDITIONS OF ANY SPECIFIC PLATFORM OR SERVICE AGREEMENT(S) ENTERED INTO BETWEEN THE COMPANY AND YOU.
9.2. The Company will provide prompt notice of any such claim, suit or proceedings to the relevant User.
10.1. The Terms of Purchase and any dispute or matter arising from or incidental to the use of the Platforms shall be governed by and construed in accordance with the laws of Hong Kong, unless otherwise specified.
10.2. Any dispute, controversy, difference or claim arising out of or relating to this Terms of Purchase, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
In the event of any breach of the Terms of Purchase by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
11.1. Except as expressly set forth herein, no person other than the parties to these Terms of Purchase shall have any right to enforce any term hereof.
12.1. Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
For any query, please email firstname.lastname@example.org.