Prez Holdings Limited
Terms and Conditions of Use
Issued: 6th October, 2020
Under the law of Hong Kong, intoxicating liquor must not be sold or
supplied to a minor in the course of business.
- Our Relationship
2.1.1.you have read and understood these Terms and you agree to be bound by these Terms;
2.1.2.you will comply with any obligations imposed by these Terms (including, without limitation, any obligations imposed by law) in using the Service; and
2.1.3.you are using the Service for lawful purposes, and you are not using the Service to breach any provision of these Terms, or the law.2.2. If you do not agree to be bound by these Terms, you do not have permission to use the Service, and you should stop accessing or using the Service immediately. 2.3. We reserve the right to amend these Terms from time to time. These Terms, as amended, will take effect when published on the Service (or at such other time as we may specify). 2.4. Each time you access the Service, you will be deemed to have irrevocably and unconditionally agreed to any amendments contained in the current version of the Terms as contained on the Service. 2.5. From time to time, our Merchant Partners will make available promotions on the Service and we may notify you of any promotions by email or other means. Such promotions shall be subject to specific terms and conditions that will be specified in the material relating to the promotion, and you agree to those specific terms and conditions relating to such promotion.
- Our Service
- Your Use of the Service
5.4.1.details of the Product that you have ordered (including, if relevant, the quantity);
5.4.2.the price of the Product that you have been charged;
5.4.3.any taxes, fees or charges that you have been charged;
5.4.4.the name of the Recipient;
5.4.5.the identity of the Merchant Partner; and
5.4.6.any other information that we may consider relevant to your Order.5.5. In case your Order is for more than one Product, our Notification will relate solely to the order for Product or Products in your Order which we confirm. We may send you separate Notifications for one or more Products from your Order that we confirm. 5.6. Once we confirm your Order, the contract for the sale of the Product or Products that you have ordered comes into existence. You cannot cancel the Order and any amounts paid by you in respect of the Order so ordered cannot be refunded, unless that Order is cancelled by us after we have confirmed it. 5.7. Each Product is sold pursuant to the relevant Merchant Partner’s conditions of sale, and legal title to the Product will not pass until the time the Product is delivered to the Recipient. Risk in the Product will not pass until the time the Product is delivered to the Recipient. 5.8. We reserve the right to decline or cancel your Order at any time on behalf of the Merchant Partner if the Merchant Partner:
5.8.1.does not have enough stock of the Product that you ordered;
5.8.2.is unable to deliver the Product to the location specified in the Order;
5.8.3.is unable to make the Product available for collection at the location specified in the Order;
5.8.4.discovers that the Product or any element of the Product (including, without limitation, its price) was incorrectly described or displayed in relevant webpage or application page in the Services; or
5.8.5.there is an inordinate delay in taking delivery of the Product from the Merchant Partner.5.9. We also reserve the right to decline or cancel your Order if we consider, in our absolute discretion, that it is not commercially practicable, reasonable, lawful or appropriate for the Product to be supplied to the Recipient under the Order. 5.10. If your Order is declined or cancelled by us, we will notify you by way of a Notification. Any amount that you have been charged will be held by us for credit to your account with us. We will use our reasonable endeavours to process a refund to your credit card or bank account within 30 days of the rejection or cancellation of your Order by us. 5.11. If your Order is declined or cancelled by us, neither we nor our Merchant Partners shall be liable to you for:
5.11.1. any damages, compensation or restitution, whether in respect of that rejection or cancellation, or otherwise;
5.11.2. interest on any amount held by us on credit for your account with us; or 5.11.3. any delay in making or completing refunds to you.5.12. You acknowledge that the Recipient may accept, reject or swap the Gift. 5.13. If the Recipient accepts the Gift, you will receive a Notification informing you of the Recipient’s acceptance of the Gift. If the Recipient does not take delivery of the Product within the time limit specified, the Order will be cancelled automatically, and you will receive a Notification of the cancellation of the Order. 5.14. If the Recipient rejects the Gift, you will receive a Notification acknowledging the Recipient’s rejection of the Gift. The amount you paid for the price of the Product (but not any taxes, fees and charges) will be held by us and credited to your account. 5.15. If the Recipient elects to swap the Gift, you authorize the Recipient to amend your Order on your behalf and your Order shall be deemed to have been amended to refer to the Replacement Item (as defined below) as selected by the Recipient.
- Receiving a Gift
6.1.1.details of the Product that you have been nominated to receive (including, if relevant, the quantity);
6.1.2.the price of the Product;
6.1.3.the name of the Sender;
6.1.4.the identity of the Merchant Partner;
6.1.5.the location and opening times where the Product can be collected;
6.1.6.the time limit to accept, reject or swap the Product; and
6.1.7.any other information that we may consider relevant to your Order.6.2. If you accept the Gift, you will receive a Notification acknowledging your acceptance of the Gift. Once you have accepted the Gift, you will be responsible for taking delivery of the relevant Product from our Merchant Partner within the time limit specified in the Notification. If you do not take delivery of the Product within the time limit specified, the Order will be cancelled. 6.3. If you reject the Gift, you will receive a Notification acknowledging your rejection of the Gift. Once you have rejected the Gift, we will notify the Sender, and the amount paid by the Sender as the price of the Product will be held by us and credited to the Sender’s account. 6.4. If you elect to swap the Gift, you may select another item displayed on the Service in replacement of the Gift (a “Replacement Item”). By selecting the Replacement Item, you making an offer on behalf of the Sender to the relevant Merchant Partner to purchase the Replacement Item that is being supplied by that Merchant Partner at the price stated for that Replacement Item, together with any taxes, fees or charges that are payable in respect of that purchase. 6.5. By electing to swap the Gift, you shall be solely responsible for payment to us of any difference in price between the Gift and the Replacement Item, and any taxes, fees and charges in respect of the purchase of the Replacement Item. Payment must be made to us using the “Top Up” function in the Service. We reserve the right to decline a swap if we do not receive the full amount due from you hereunder. 6.6. Once your swap is confirmed by us, you will receive a Notification from us. You will be responsible for taking delivery of the relevant Product from our Merchant Partner within the time limit specified in the Notification. If you do not take delivery of the Product within the time limit specified, the Order will be cancelled.
- Price and Payment
7.2.1.cancel your Order; or
7.2.2.send you a Notification, informing you of the difference and asking you to confirm that you will pay the Actual Price or cancel your Order.7.3. Payment for Products ordered using the Service may only be made using a credit card or HSBC’s PayMe banking application. We may from time to time make additional payment methods available for use on the Service. We may withdraw payment methods at any time. 7.4. When you use your credit card to make a payment for our Service, you acknowledge that we will use third party payment services providers to process your payment. You will bear the risk of any loss incurred in the use or processing of your credit card for payment for our Service.
- Delivery of Product
9.2.1. a swap by a Recipient of a Gift is permitted under these Terms;
9.2.2.the Product is damaged, faulty, defective or incomplete upon delivery (other than due to the fault of the Recipient); or
9.2.3.the product that is delivered is incorrect or it is reasonably obvious that the product is not the Product that was ordered, returns or exchanges of Gifts are not permitted.9.3. Where a Gift is accepted for return by the Merchant Partner, we will credit your account with us (as Sender) with the price you paid for the Product. You will receive a Notification of the credit and a time limit for the use of the credit for your next Order. We will never credit the account of a Recipient where a Product is accepted for return by the Merchant Partner. 9.4. Returns or exchanges are accepted at the sole discretion of the Merchant Partner. We may advise the Merchant Partner to decline a request for a return or an exchange of a Product, if we are of the reasonable opinion that the damage or fault was caused after delivery to the Recipient. 9.5. As a Recipient, you will provide all reasonable assistance to us (whether in our own capacity or as agent for the Merchant Partner) in investigating or assessing any request for return or exchange of Product.
- Our liability
10.1.1. your ability to access the Service at any time;
10.1.2. your ability to use the payment method that you select for ordering any Product;
10.1.3. the freedom of the Service from faults, bugs, errors, inaccuracy or limitations;
10.1.4. the accuracy of any information displayed on the Service;
10.1.5. the quality or fitness for purpose of a Product;
10.1.6. the accuracy of any description applied to a Product;
10.1.7. the availability of stock of a Product; and
10.1.8. the suitability or appropriateness of a Product for any purpose.10.2. We are not liable for any damage, loss or expense that may occur from any use of the Service or of any Product ordered from the Service that is in breach of these Terms or the law. 10.3. To the extent permitted by law, we shall not be liable (whether under contract, tort or otherwise) for loss, damage or expense (“Loss”) incurred from the use of the Service or any Product, and regardless of whether that Loss:
10.3.1. is direct, indirect or consequential;
10.3.2. relates to loss of profit, business, goodwill, use or amenity; or
10.3.3. arises from any misrepresentation, negligence, act or omission on our part or the part of any of our Merchant Partners.10.4. We shall not be liable for the security, accuracy or completeness of any data or personal information transmitted using the internet, or through any computer or mobile device, or stored on any data storage medium, wherever located. 10.5. We shall not be liable for the safety, use or content of any website that is accessed through hyperlinks provided on our Service, nor does the provision of a hyperlink imply that the website so linked is safe or appropriate for you to use. 10.6. The foregoing provisions of this paragraph do not exclude any liability for death or personal injury arising from our own negligence, or our liability for fraudulent misrepresentation, or any other liability that may not be excluded by law.
- Your obligations
11.1.1. you are of 18 years of age and are legally able to enter into this agreement with us and to comply with your obligations under these Terms;
11.1.2. you have provided complete and correct information about yourself upon your registration for the Service, and you will keep that information updated promptly;
11.1.3. you are legally entitled to use the method of payment that you have registered with us to use in the Service, and there is no basis for any transaction to be voided or reversed;
11.1.4. the funds you use to make payment in the Service are not knowingly derived from the proceeds of crime;
11.1.5. you will keep your password confidential and will not permit any other person to use your password to access the Service;
11.1.6. you will not use our Service for any unlawful or fraudulent purpose; 11.1.7. you will not use our Service in breach of these Terms; and
11.1.8. you will not use our Service to supply alcohol, tobacco or other items prohibited or restricted by law, to persons who are not permitted by law to receive, use or consume such products.11.2. You further represent, warrant and undertake to us (in our capacity as a party to this agreement, and as an agent and trustee for our Merchant Partners) that you will not access the Service:
11.2.1. to interfere with, damage, restrict or disrupt any part of the Service or any network, computer software, equipment or systems connected with the provision of the Service;
11.2.2. to duplicate, copy, reverse engineer, decompile or disassemble the Service or any part thereof (including, without limitation, seeking to harvest email or other personal information of other users of the Service);
11.2.3. to take any action (including, without limitation, to upload, download, utilize, publish or re-publish any statement or material) that, in our sole opinion,:
a. is defamatory, libellous, obscene, offensive, sexually explicit, or discriminatory;
b. advocates or promotes violence, sexual assault, intimidation or discrimination against any person or group of persons;
c. targets or disparages any person or group of persons due to their race, sex, religion, nationality, mental or physical attributes or ability, sexual orientation, gender or gender identity, age, political affiliation, social or economic status, or geographic origin;
d. infringes any copyright, trademark or other intellectual property of any other person;
e. is harassing, threatening or abusive, or intended to invade another person’s privacy;
f. is likely to upset, embarrass, alarm or annoy any other person;
g. misrepresents your identity, or your relationship or position with any person or organization (including, without limitation, us);
h. is intended to deceive another person;
i. promotes any other person, business, organization or interest, whether by way of advertisement, endorsement, “spam”, hyperlinks, HTML or other code; or
j. advocates, facilitates or promotes any criminal or unlawful act in any jurisdiction, whether by you or another person.11.3. You indemnify us (in our capacity as a party to this agreement, and as an agent and trustee for our Merchant Partners, and each of our and their directors, officers, employees, consultants and advisors (each an “Indemnified Party”)) against any claim, loss, damage, cost, expense (including, without limitation, expenses of legal and other professional advisers) or other liability or obligation which any Indemnified Party may suffer or incur as the result of your use of the Service or your breach of these Terms.
- Termination of our agreement
12.1.1. sending an email notification to our Customer Service representative using the email address that you used to register for our Service; or
12.1.2. sending a written notification to us at our address set out in paragraph 17 below.12.2. Our agreement will be terminated when we receive your notification and delete your account with us. You will then need to register for the Service again, should you wish to use the Service. 12.3. We may suspend or terminate your account at any time, and without notice to you, if we discover or have reason to believe that you have breached any provision of these Terms. We shall not be obliged to provide any notice, reason or justification to you for the suspension or termination of your account. 12.4. Once we terminate your account, you will not be able to register for the Service again, and we will take active steps to ensure that you do not have further access to the Service. 12.5. Upon deletion of your account with us, any funds that are in credit to the account will be transferred to us as consideration for providing the Service to you. We may elect to refund all or part of any funds that are in credit to your account with us at the time of deletion of your account, and if so, we will notify you of this. If any refund is not completed within three months of our notification to you, we will cancel your refund. 12.6. The termination of this agreement shall not affect any right or claim accruing to us in respect of any breach by you of these Terms, and any delay in enforcing any such right or claim shall not prejudice nor limit our ability to enforce such right or claim in the future.
- Intellectual Property
13.2.1. a worldwide, perpetual, transferable, royalty-free license for your User Content;
13.2.2. a right to sublicense, use, copy, modify, distribute, display for public consumption or performance, and incorporate into derivative works; and 13.2.3. a right to otherwise exploit in our business in any format that we consider fit (including, without limitation, exploitation by our Merchant Partners),
any User Content that you provide to us, without notice to you or consent from you, and without payment to you or any other person.13.3. You represent, warrant and undertake that:
13.3.1. you are the sole and exclusive owner of your User Content, or you hold all rights, permissions, consents and licenses necessary or desirable to enable you to grant us the license for your User Content as set out in paragraph 13.2 above;
13.3.2. your publication or use of your User Content on the Service does not infringe or misappropriate any third party’s intellectual property or proprietary rights; and
13.3.3. your User Content does not violate the right of any third party to privacy or confidentiality, or any law or regulation in any jurisdiction.13.4. You irrevocably permit us to monitor your User Content, and to remove any User Content, at any time, without explanation or notification to you, as we consider appropriate in our sole discretion.
- Data Protection
- Governing Law and Jurisdiction
- Severability and no waiver
17.1.1. by email at: email@example.com; or
17.1.2. by post or by hand at: [Suite 1102 34-37 Connaught Road, Chinachem Building, Central.
No other means of communication with us will be recognized or acknowledged by us.17.2. We may contact you:
17.2.1. by email to your email address;
17.2.2. by SMS or other mobile messaging service (e.g. Whatsapp, WeChat or similar services);
17.2.3. by telephone; or
17.2.4. by post or by hand at your postal address (if provided).17.3. You irrevocably agree that we may serve legal process upon you in any manner that we consider appropriate, and as may be permitted by law or the court.