TERMS AND CONDITIONS
1.1 Thank you for visiting our website, http://www.whateversmiles,com ("Website"). This Website is owned and operated Whateversmiles Limited ("Whateversmiles", "we", "us" or "our"). Whateversmiles reserves at our absolute discretion the right to interpret this Terms and Conditions of the Website.
1.2 By using our Website you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our Website. Your continued access and use of our Website and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.4 We shall make every effort to ensure that prices and details of products at our Website are up-to-date. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and stock availability.
1.5 We shall make every effort to ensure product(s) displayed at our Website are in stock. If from time to time any products become out of stock, we reserve the right to offer alternative product(s) of similar value and style.
1.6 The meanings of some words used in these terms and conditions are as follows:
1.6.1 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.6.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering the Merchandise to and who is required to pay for the Merchandise we delivered.
1.6.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in our Website.
1.6.4 “Merchandise” means the goods or services you ordered through our Website, which you will pay for.
1.6.5 “Intellectual Property Rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
2.1 You are required to register as a user before placing any order through our Website. During the registration:
2.1.1 You must provide us with accurate, complete and up to date registration information;
2.1.2 You must safeguard your username and password;
2.1.3 You authorize us to assume that any person using the Website with your username and password is either you or is authorized to act for you.
2.2 We have the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.
2.3 You shall maintain and promptly update your registration information to keep it true, accurate, current and complete.
3. Order and Payment
3.1 Our Website only accepts orders for delivery in Hong Kong to the specified billing address in Hong Kong as provided by you.
3.2 Placing an order on our Website means that you agree to purchase products or services in accordance with the Terms and Conditions set out herein. After receiving your order, we will acknowledge receipt of your order. However, it does not confirm that we have accepted your order. We reserve the right to reject any order without giving any reasons. In the event that we are unable to accept your order (for example due to payment issue), we will notify you by phone or email.
3.3 If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery.
3.4 Basis of supply: we only serve and deliver products to end consumers. We are not selling our products for re-sale purpose. If we have grounds to believe that you are not purchasing our products as an end user, we reserve the right to decline or cancel your order.
3.5 Credit card authorization and delivery address must be confirmed before payment. No change or cancellation is accepted once an order is confirmed.
3.6 We will constantly check the accuracy of our stock on the Website and its compatibility with the physical inventory in our warehouse. If we discover any stock discrepancies with any merchandise you ordered, we shall inform you as soon as possible for the order arrangement.
4. Content & Copyright
4.1 The Intellectual Property Rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under Clause 4.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
4.2 All trade marks, product names and company names or logos used in our Website are our property or that of their respective owners.
4.3 Subject to these terms and conditions, you may use the Content for your own personal purposes.
4.4 Subject to Clause 5 below, unless you have our express written consent or you are expressly authorized by law to do so, you shall not:
4.4.1 use the Content for any commercial or other non-personal purpose;
4.4.2 make any copies of the Content or transfer the Content to any other device or any other person; or
4.4.3 otherwise reproduce, reverse engineer, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
4.5 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
4.6 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it.
4.7 We reserve the right to modify, vary or discontinue any Content of this Website or any products and services available on it without prior notice to you.
5. Connection with Social Media Websites
5.1 If you have an account with social media websites ("Social Media Website") such as Facebook or Instagram, you may post your likeness on or sharing with our products ("Products") by connecting with the Social Media Website ("Connect"). We may procure the Connect with any designated Social Media Website that we deem fit. Prior to the Connect, you are requested to log-in your own account in the Social Media Website as usual. After the successful log-in with the Connect, then you may add your comment on our Products in the news feed, like indicating your likeness on our Products and share it according to your privacy settings ("Whateversmiles News Feed"). The Whateversmiles News Feed will then be posted in the wall of your own Social Media Website.
5.2 Additionally, by using the Connect, you permit us to, inter alia, access information related to you in the Social Media Website (including your profile information and list of friends); post status messages, photos or updates to your wall; and/or access posts to your news feed.
5.3 You own all the comment and information you posted in the Whateversmiles News Feed. Save the aforesaid, we own all the Intellectual Property Rights in the Whateversmiles News Feed. The posting of our Intellectual Property Rights in the Whateversmiles New Feeds in the wall of your Social Media Website is only for the sharing purpose as indicated in clause 5.1 above and nothing further. Our Intellectual Property Rights shall always be vested in us and none of them will be assigned, transferred or passed to you even if they are shown in the wall of your Social Media Website.
6. User Conduct and Warranty
6.1 Subject to Clause 6.4 below, you are entitled to post, upload, transmit, display, forward, link, broadcast any comments, suggestions, feedbacks, ideas, concepts, proposals or other communications and information provided by you to us (collectively "your produced materials") directly in this Website or via the Connect. In doing so, you have to ensure that your produced materials:-
(a) are solely owned and possessed by you and do not infringe any Intellectual Property Rights of any third party;
(b) do not:-
(i) contain any unlawful, fraudulent, libelous, defamatory, misleading, indecent, obscene, vulgar, pornographic, offensive, threatening, abusive, hateful or of doubtful propriety;
(ii) cause any likelihood to encourage crime, public disorder, violence or hatred;
(iii) cause any likelihood to damage public health, safety or morals;
(iv) constitute any criminal offence, or give rise to civil liability, or otherwise violate any local or foreign law; or
(v) contain any virus, Trojan horse, worm or other harmful component.
6.2 You warrant that you own all the proprietary rights in your produced materials and have the authority to grant Whateversmiles licence or right to use. When you submit your produced materials including all text, files, images, photos, sounds, videos or other materials to our Website, you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, copy, store, adopt, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use your produced materials in connection with the Website, including without limitation for the purposes of promoting and redistributing part or all of the Website in any media formats and through any media channel, remove or delete your produced materials for any reason that Whateversmiles deems fit without any liability, notice, approval or compensation to you. You hereby waive and agree to waive any and all rights and claims for any consideration, fees, charges or other payment that may arise in relation to our such usage, display, storage, adoption, modification, removal or deletion of any or all of your produced materials.
6.3 You represent, warrant and covenant that you will not:
6.3.1 use our Website for any fraudulent or unlawful purpose;
6.3.2 use our Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
6.6.3 interfere with or disrupt the operation of our Website or the servers or networks used to make our Website available; or violate any requirements, procedures, policies or regulations of such networks;
6.3.4 transmit or otherwise make available in connection with our Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
6.3.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our Website;
6.3.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Website;
6.3.7 frame or mirror any part of the Website without our express prior written consent;
6.3.8 create a database by systematically downloading and storing the Content or any Website content; and
6.3.9 infringe any copyright, design right and intellectual property right in the Merchandise.
6.4 Whateversmiles reserves at all times the right to prohibit or deny your access to this Website or any part of it immediately and without notice, when we reasonably consider that you have caused any breach of the Terms and Conditions of this Website or that such prohibition or denial is appropriate, desirable or necessary at our sole discretion.
7 Disclaimer of Warranties and Limitation of Liability
7.1 We do not represent or warrant that access to our Website or any part of it, will be uninterrupted, reliable or fault-free.
7.2 We do not represent or warrant to you that our Website or any of its contents will be accurate, complete or reliable.
7.3 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
7.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
7.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Website (including using our applications or software) or any information on our Website;
7.4.2 the unavailability of our Website (or any part of it), Merchandise or services;
7.4.3 any delay in providing, or failure to provide or make available, Merchandise or services, or any negligent provision of Merchandise or services;
7.4.4 any Merchandise not being of merchantable quality or fit for their intended purpose; or
7.4.5 any misrepresentation on or relating to our Website, the Merchandise or the services.
7.5 Save as required by law:
7.5.1 we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us; and
7.5.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
7.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits if you will export the Merchandise you purchase from our Website to other places. The Merchandise are only available for end-users in Hong Kong. We make no representation and accept no liability in relation to the export or import of the Merchandise you purchase to other places.
7.7 You agree that each of these limitations is reasonable having regard to the nature of our Website.
7.8 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the Merchandise to you.
7.9 Each of the above exclusions or limitations shall be construed as a separate and severable provision of these terms and conditions.
7.10 This Website may contain links to other websites like Social Media Website. We are not responsible for the availability of, or any content materials contained in, or obtained through, any such third party websites, and shall not be liable for any loss or damages arising from those links or from the information, products or services supplied through such websites. Any queries or comments relating to any other websites should be addressed to the operator of those websites. Save for the purpose of the Connect as indicated in Clause 4 above, no linking to this website is allowed without prior or subsequent written permission.
7.11 By using this Website, you acknowledge that you will defend, indemnity, and hold us, our directors, executives, employees, affiliates, agents, contractors and licensors harmless from and against any and all suits or claims, damages or injuries (and death), costs and expenses, even if we have been advised of the possibility of such damages, arising from or related to your breach of any of the Terms and Conditions, including but not limited to, any infringement by you of the copyrights or Intellectual Property Rights of any third party, or your use or misuse of the Website. No oral or written information or advice given by us or others will create a warranty and neither you nor any third party may rely on any such information of advice.
9. General Provisions
9.1 If any provisions of this Terms and Conditions are found invalid by any court of competent jurisdiction, they are to that extent deemed omitted without affecting the validity of the remaining provisions of this Terms and Conditions.
9.2 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
9.3 We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
9.4 These terms and conditions shall be construed in accordance with the laws of Hong Kong Special Administrative Region. By accessing this website and/or using the online services, you agree that such access and/or use, as well as the Terms and Conditions in this Website shall be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region and you agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
9.5 In the event of any discrepancy or inconsistency between the English version and the Chinese version, this English version shall prevail.9.6 We keep this Terms and Conditions under regular review and place updates on our Website from time to time.
10. Terms and Conditions for Coupon & Promo Code
10.1 Promo code and coupon code are non-transferable and there is no cash alternative. They cannot be used in conjunction with any other promotion codes or offers, and must be redeemed by the due date published, if provided. Coupon code and promo code are valid for selected products only. We reserve the rights to modify or cancel them at any time.
10.2 We reserve the right to terminate or vary the above offers from time to time without providing any prior notification. In the event of any dispute, our decision shall be final and conclusive.
Last Updated: January 2021