1. Disclaimers
1.1 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.
1.2 The Content of the Website may contain technical inaccuracies or typographical errors. You agree that the use of the Website is at their sole risk.
1.3 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 you, 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.
Linked Third Party Websites
1.4 The Website may contain hyperlinks to allow you 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 you. 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
1.5 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.
1.6 You are responsible for making their own assessment of Website Information and Content. You are advised to verify such Information and may wish to obtain independent advice before acting on it.
Exclusion of Certain Categories of Loss
1.7 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):
1.7.1 any economic loss (including, loss of business opportunity, goodwill, contracts, revenue, profit or anticipated savings);
1.7.2 loss of goodwill or injury to reputation;
1.7.3 indirect, special or consequential loss or damage; or
1.7.4 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
1.8 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).
2. Conditions of Service
2.1 Definitions
Throughout these Terms and Conditions:
2.1.1 "Claims" means all claims, liability, damages, losses, costs and expenses, including legal fees;
2.1.2 "Content" means the content on the Website or a Linked Third Party Website, as the case may be, including the information, text, icons, logos, illustrations, hypertext links, HTML codes, data, trade or service marks, software, music, sound, video clips, audio clips, photographs, designs, graphics, images, still pictures, series of moving pictures (whether animated or not), digital downloads, advertisements, products, goods, services or any compilation or combination of them and any other materials or services on or available from that website;
2.1.3 "Cookies" means small text files used to identify your computer and to store information about your use of the Website;
2.1.4 "Customer" means the person placing an Order;
2.1.5 "Delivery Services" means delivery services provided by us to the Customer in relation to the HKP Products;
2.1.6 "FAQs Section" means the part of the Website where HKP answers possible questions from you;
2.1.7 "HKP", "We", "we", "Us" and "us" means the Postmaster General of the Hong Kong Post acting for the Government of Hong Kong ;
2.1.8 "HKP Product" means a Hongkong Post branded product offered for sale by HKP through the Website;
2.1.9 "HKP Product Terms" means the terms and conditions which apply (in addition to the Terms) to the purchase of the relevant HKP Product and which are set out in the relevant Product Section;
2.1.10 "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
2.1.11 The expressions "for example", "including", "include", "other", "otherwise" and "such as" are to be construed without limitation;
2.1.12 "Linked Third Party Website" means any website linked to or accessible by means of the Website;
2.1.13 "Mall Fun" is one of the medium of exchange on ShopThruPost. Member can choose to receive a refund in form of Mall Fun rather than in cash and use it for subsequent payment of an Order. 1 Mall Fun = HK$1.00.
2.1.14 "Member" means a person who has registered as a member of ShopThruPost;
2.1.15 "Membership Account" means a Member's ShopThruPost account maintained with HKP upon successful registration as a Member;
2.1.16 "Membership Terms" means the terms on which a person is registered as a member of ShopThruPost;
2.1.17 "Order" means an order for a Product (including the Delivery Services, if applicable) placed by means of the Website;
2.1.18 "Persons" includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case, whether or not having separate legal capacity);
2.1.19 "Personal Data" means the personal data (as defined in the Personal Data (Privacy) Ordinance) of an individual held by HKP;
2.1.20 "Personal Information" means the personal information that a person is required to submit upon registration as a Member and/or before placing an Order;
2.1.21 "Products" means HKP Products;
2.1.22 "Product Information" means information on a Product set out in the relevant Product Section;
2.1.23 "Product Section" means the part of the Website that sets out details of a particular Product including any special terms and conditions applicable to the purchase of that Product;
2.1.24 "Personal Data (Privacy) Ordinance" means the Personal Data (Privacy) Ordinance (Chapter 486) of the Laws of Hong Kong;
2.1.25 "Related Persons" means all and any officers, representatives, employees, agents, sub-contractors and suppliers of HKP;
2.1.26 "Returned Product" means Product returned by a Customer to HKP in accordance with the Product Return and Exchange Policy;
2.1.27 "Services" means the services provided by HKP by means of the Website;
2.1.28 "Service Information" means information relating to Services set out in the relevant section of the Website;
2.1.29 "Subscriber" means any person who has signed up with HKP (whether through the Website or other means) and has elected to receive from time to time the ShopThruPost e-newsletter or other electronic publication issued by HKP. "Subscription" shall be construed accordingly;
2.1.30 "Terms" means these terms and conditions which shall also include:
2.1.30.1 the answers to the questions in the FAQs Section;
2.1.30.2 the current prices for the Products and Delivery Services;
2.1.30.3 the Membership Terms and the HKP Product Terms (as the case may be);
2.1.30.4 the Privacy Policy and Personal Data Collection Statement;
2.1.30.5 the Disclaimer; and
2.1.30.6 the Copyright Statement.
2.1.31 "you" means the Subscriber or the Member or Customer or sender of the Ordered Product to another recipient or the recipient of the Ordered Product, whichever is/are applicable;
2.1.32 "User Content" means any content including reviews, comments, ideas, suggestions, photos, images, videos, text, files, sounds or whatsoever you make available.
2.1.33 "Website" means the website operated and administered by HKP from the URL mall.hongkongpost.hk as may be modified, replaced or substituted from time to time;
2.1.34 "Website Information" means all information posted on the Website including Product Information and Service Information; and
2.1.35 "Working day" means a day on which the commercial banks are open for business in Hong Kong.
2.2 Terms of Use
2.2.1 These are the terms and conditions under which you are permitted to access and use the Website. Please read them carefully. If you are not able to enter into legally binding contracts, are under the age of 18, or if you do not agree to the Terms, you must not access or use the Website or Services, register as a Member, sign up as a Subscriber and/or place any Order. To register as a Member or Subscriber or to place an Order, you must be at least 18 years old. While using the Website, you must not contravene any laws, third party rights, or the Terms. HKP reserves the right to request you to provide your identity document including photocopies or electronic copies of your Hong Kong identity card or passport, credit card, debit card or smart card used for payment of the Order, proof of address or any other relevant information or documents as may be specified by HKP for the purposes of ascertaining that you are the rightful owner of the credit card, debit card or smart card used in the transaction and/or to verify your age and legal capacity.
2.2.2 HKP is entitled to revise the Terms at any time and from time to time by modifying or replacing the Website. You should therefore visit the Terms periodically to ensure you are aware of any modifications or replacements. You are responsible for doing so. If you do not agree to the Terms as they apply to your access and use of the Website from time to time you should stop accessing and using the Website, placing Orders and being a Member or Subscriber.
2.2.3 You agree to indemnify HKP and all Related Persons from and against all Claims arising out of any breach by you of the Terms or your access to and/or use of the Website including all Orders you place.
2.3 Registration as a Member
2.3.1 You are required to register as a Member with us to use the Services or place an order. In registering as a Member you represent and undertake:-
2.3.1.1 if you are an individual, that you are at least 18 years old;
2.3.1.2 that you have registered using true, accurate and up-to-date Personal Information;
2.3.1.3 that you have registered with your own Personal Information and not that of any other person; and
2.3.1.4 to inform us immediately, by updating your Personal Information online, if there is any change in your Personal Information so that we can ensure this remains true, accurate and up-to-date.
2.3.2 In any case, if you fail to provide any Personal Information that is true, accurate, complete and up-to-date (or we have reasonable grounds to suspect this is the case), we have the right to suspend or terminate your Membership Account and/or Order and/or your Subscription and/or to refuse you any and all current or future access to and use of the Website (or any part thereof).
2.3.3 In using the Website, you agree and accept the responsibility for all activities conducted through your Membership Account. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your Membership Account has been compromised or if there is unauthorized use of your Membership Account, please contact us immediately.
2.4 Privacy Statement
Please refer to https://www.hongkongpost.hk/en/privacy/index.html for our Privacy Policy.
2.5 Pricings
2.5.1 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 supplier, such that the correct price for such Product and/or Service differs from the price shown on the Website, we shall:
2.5.1.1 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
2.5.1.2 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.
2.5.2 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.
2.5.3 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.
2.6 Placing Orders
2.6.1 We will use your Personal Information, together with the other information we collect prior to the Order, to process your Order. With regard to this Personal Information you represent and undertake:
2.6.1.1 that you are at least 18 years old;
2.6.1.2 that it is true, accurate and up-to-date;
2.6.1.3 that it is your own Personal Information and not that of any other person; and
2.6.1.4 to inform us immediately, by updating your Personal Information online, if there is any change in your Personal Information so that we can ensure this remains true, accurate and up-to-date.
2.6.2 In any case, if you fail to provide any Personal Information that is true, accurate, complete and up-to-date (or we have reasonable grounds to suspect this is the case), we have the right to suspend or terminate your Membership Account and/or your Order and/or your Subscription and/or to refuse you any and all current or future access to and use of the Website (or any part thereof).
2.6.3 Once checkout, you must remain on the same platform, browser or device to complete the entire order placement and payment process. Any change of them will interrupt the order process resulting in transaction failure. Neither HKP nor any Related Persons will be liable for loss or damage arising out of or in connection with it.
2.6.4 In placing an order with us, recipientâs information, payment details and other requested information as indicated on the Website provided by you are both valid, accurate and complete.
2.6.5 You agree and accept that Hongkong Post and its Related Persons shall have no obligation to check the accuracy of the address or destination you give.
2.6.6 By placing an order with us, you authorize us to use and also transmit your information to third parties including, but not limited to, related service provider to perform order fulfilment and delivery service. Please refer to our Privacy Statement (Clause 2.4) for further information about how we will use your data.
2.6.7 Product in your shopping cart is not reserved and may be purchased by other customers. You may be informed that the Product is out of stock when you confirm to pay the order.
2.6.8 We will empty your shopping cart if
2.6.8.1 there is no data exchange with HKP backend server for a certain period of time as determined by us; or
2.6.8.2 you do not proceed to payment for the Product for a certain period of time as determined by us.
2.6.9 We may change Product Information from time to time. The information of a Product includes, but is not limited to, description, price, discount, stock level, status of listing.
2.6.10 You have responsibility to read, check and confirm the Order information before proceeding to payment. Once you proceeded to payment and paid for the Order, you cannot cancel the order.
2.6.11 We may update the stock availability of the Product from time to time. You shall not rely on this information as definite statements as to whether the Product you wish to order or already ordered are actually in stock.
2.6.12 Upon the receipt of confirmation from the bank of successful payment by you, we will send the confirmation of receipt of your Order to your registered email address by email. You have responsibility to check email inbox and spam. This email is only a confirmation of receipt of your Order and does not constitute an acceptance of your Order.
2.6.13 All orders are subject to the successful payment confirmation obtained from the bank and stock availability of the ordered Product. Your Order will be accepted upon your receipt of an email from us confirming the ordered Product has been dispatched to you.
2.6.14 We reserve our right not to accept or cancel your order for any reason at our sole discretion. Such reasons include, but are not limited to, the following:
2.6.14.1 we are unable to obtain authorization for payment; or
2.6.14.2 the Product you have ordered is not in stock; or
2.6.14.3 delivery cannot be arranged to your delivery address; or
2.6.14.4 incomplete, inaccurate or invalid recipient information.
2.6.15 If we cancel your Order, we will notify you by email and will refund the amount you paid to us in respect of that Order without interest via your original payment method of the Order. You agree and accept that HKP and its Related Persons will not be obliged to offer any compensation for disappointment suffered.
2.6.16 We may contact you either by telephone or email if there is any problem with your Order.
2.6.17 Any change of shipping method or destination or Order modification will not be accepted after an Order is placed.
2.6.18 We have right to decline any request of change of recipient information after placement of an Order. You accept that we are not liable to offer any compensation for disappointment or loss suffered.
2.7 Online payments
2.7.1 We use third party payment service provider to process an online transaction.
2.7.2 If you use the Website to make payment, you agree and accept that your credit card information will be collected, processed, and kept by us and the payment service provider subject to its terms and conditions. You agree and accept that we will not be liable to you for or in respect of any loss or damage (including indirect and consequential loss and damage) suffered by you by reason of or in connection with any:
2.7.2.1 failure, delay, interruption, suspension or restriction of the transmission of any information or message from any system or process used, maintained or provided by any relevant banks for processing credit, debit, smart card or other method of payment;
2.7.2.2 error in or omission from any information or message transmitted by means of the said system or process;
2.7.2.3 breakdown, malfunction or failure of the said system or process; and
2.7.2.4 anything arising out of or in connection with the above.
2.8 Transmission and Processing of Orders
2.8.1 You acknowledge that the processing and transmission of Orders may involve:
2.8.1.1 the transmission of data over various communication networks; and
2.8.1.2 changes to such data in order to conform or adapt to the technical requirements of connecting networks or devices.
2.8.2 HKP shall, accordingly, in no circumstances, be liable for your or HKP's inability to obtain (in whole or in part) any Services, Products or Delivery Services due to the delay or failure of any communication networks or the failure of any Merchant.
2.9 Customs, Duties or Taxes
2.9.1 You must read and comply with all applicable regulations and legislation, including obtaining all necessary customs, import, export or other permits to purchase the Products.
2.9.2 When ordering from Website, the recipient of the Product designated by the Customer (and such recipient may be the Customer himself) is the importer in record and the importer must comply with all laws and regulations of the destination country or region. Orders that are shipped to countries or regions outside of Hong Kong may be subject to import taxes, customs duties and fees which are levied once the shipment reaches the destination country or region. All these are either the Customerâs responsibilities or those of the importer. HKP will not be responsible. Additional charges for customs clearance must be borne by the recipient. Hongkong Post has no control over these charges and cannot predict what they may be. Customs policies vary widely between different countries or regions; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
2.9.3 We will not accept refund, order cancelation, liability or responsibility for non-delivery or delay of Ordered Product under the following circumstances:-
2.9.3.1 Recipient refuses to accept the Ordered Product; or
2.9.3.2 Recipient refuses to do the customs clearance or pay the duty or tax; or
2.9.3.3 Products returned from customs; or
2.9.3.4 The delivery address provided by you is incorrect or incomplete or the translation of it makes the delivery not possible. In addition, no valid contact telephone number of the recipient is given; or
2.9.3.5 You have provided incomplete or incorrect names of recipients; or
2.9.3.6 For whatsoever reasons in relation to customs, duties or taxes matters.
2.10 HKP Products and Delivery Services
2.10.1 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.
2.10.2 For counter collection at post office, if the Products ordered are not collected within 14 working days from the date of collection email, the Products ordered will be returned to Hongkong Post Stamps (HKPS) at 1/F, General Post Office, 2 Connaught Place, Central, Hong Kong. Upon the arrival at HKPS, the Products ordered will be available for collection at HKPS for a further 6 months. In the event the Products ordered are not collected within this 6âmonth retention period, we reserve the right to dispose of the Products ordered at our absolute discretion and you shall have no claims or rights against us in relation to the Order and / or the Products ordered for refund or whatsoever.
2.10.3 For local delivery, if the Products ordered are not successfully delivered, we will issue a notice to you for collection of the Products ordered at the post office specified in the notice within 14 working days from the date of the notice. If the Products ordered remain uncollected after this time, the Products ordered will be returned to HKPS and the Products ordered will be available for collection at HKPS for a further 6 months. In the event the Products ordered are not collected within this 6âmonth retention period, we reserve the right to dispose of the Products ordered at our absolute discretion and you shall have no claims or rights against us in relation to the Order and / or the Products ordered for refund or whatsoever.
2.10.4 For non-local delivery, if the Products ordered are returned to us from your destination country or region for reason of non-delivery, we will contact you by e-mail or telephone to re-confirm the address. We will attempt to send the Products ordered to the delivery address twice within 6 months from the date of receiving the same. If the Products ordered are still not successfully delivered after the second attempt, we reserve the right to dispose of the Products ordered at our absolute discretion and you shall have no claims or rights against us in relation to the Order and / or the Products ordered for refund or whatsoever.
2.10.5 For order that has the designated delivery address in Mainland China, please complete the Name and the Address of the Recipients in Chinese to facilitate their processing.
2.10.6 HKP is not liable for non-delivery of Ordered Product and no return or exchange will be accepted under the following circumstances:
2.10.6.1 The delivery address provided by you is incorrect or incomplete or the translation of it makes the delivery not possible. In addition, no valid contact telephone number of the recipient is given; or
2.10.6.2 You have provided incomplete or incorrect names of recipients; or
2.10.6.3 Recipient refuses to accept the Ordered Product; or
2.10.6.4 Recipient misses the period for mail collection; or
2.10.6.5 Recipient of the Ordered Product is not present at the address given and there is no one present to receive the Ordered Product; or
2.10.6.6 Customs clearance procedures are required; or
2.10.6.7 Whatsoever reasons in relation to customs, duties or taxes matters. Please refer to 2.9 for details.
2.10.7 In the event of non-delivery owing to any of the reasons stated in 2.10.6.1 â 2.10.6.7, the physical Ordered Product shall be deemed to have been delivered and shall not be returned to you whatsoever. Further delivery, if requested by you, shall be treated as a new order in the usual manner.
2.11 Product Return and Exchange Policy
2.11.1 Please read and check the product return and exchange policy of the Hongkong Post before Order placement. Please note that we may revise our product return and exchange policies from time to time.
2.11.2 Subject to and in accordance with the conditions set out in clause 2.11.3 below, you may return to us the HKP Product and request a refund of the paid amount after payment for the Order has been made.
2.11.3 Conditions for Product Return/Exchange
2.11.3.1 The Product must be purchased through the Website, and the Product is faulty, defective or damaged (with no fault on your part), or the Product is not what you ordered, or the delivery is of an incorrect quantity.
2.11.3.2 The Products set out under "Products Not Returnable" are not returnable. Please refer to clause 2.11.14.
2.11.3.3 A request for Return or Exchange is submitted in "My Order" and the Returned Product and Gift (if any) must be returned to us within 14 days from the date of delivery and at your sole cost and expense.
2.11.3.4 The valid reason of return or exchange, supportive photo and requested information indicated on the form of Return or Exchange Request shall be complete and given to us for approval.
2.11.3.5 The Returned Product and Gift (if any) must be unopened in its original packaging with all contents intact. The Product should not be returned if the packaging of the Product or Gift (if any) has been opened, or if the Product or Gift is used or damaged.
2.11.4 Hongkong Post has the right to reject your Product return / exchange request which does not comply with the Product Return or Exchange policy.
2.11.5 You are advised to send the Returned Product and gift (if any) to the location as designated by HKP by registered mail if you are in Hong Kong or by registered air mail or Speedpost if you are not in Hong Kong to ensure that the Returned Product will reach us. HKP shall not be held responsible for any loss of the Returned Product if it fails to reach HKP.
2.11.6 Under normal circumstances, an exchange request will be processed by HKP within 30 working days of receipt of the Returned Product and all information required.
2.11.7 Under normal circumstances, a refund request will be processed by HKP within 30 working days of receipt of the Returned Product and all information required. You agree and accept that HKP has no right to control or intervene the processing time of the related payment service providers. HKP is not liable for any compensation for disappointment or loss or damage suffered in connection with the refund process.
2.11.8 HKP will notify you by e-mail as to whether your refund/exchange request is accepted, and the procedure for refund/exchange if your request is accepted, or the procedure for collection of the Returned Product if your request is rejected. If there is any dispute as to refund/exchange, HKP's decision shall be final.
2.11.9 You agree and accept that Products accepted for Return and Refund may be refunded in the form of either Mall Fun subject to an expiry date or in cash. In any event of refund, you will be refunded in the amount paid at the time of purchase for that item without interest and without the cost of the delivery.
2.11.10 You agree and accept that the Product is acceptable for exchange subject to stock availability.
2.11.11 If your refund/exchange request is rejected, you shall be responsible for collecting the Returned Product from HKP at such location as designated by HKP at your own cost and expense within 14 working days of our notice to you failing which HKP has the right to dispose of the Returned Product in such manner as HKP thinks fit. You agree not to claim against HKP for any compensation or damages for such disposal.
2.11.12 HKP reserves the right to revise the Product Return/Exchange Policy at any time as HKP thinks fit without prior notice to you. You are advised to check HKP's Product Return/Exchange Policy as posted on the Website from time to time.
2.11.13 Products Not Returnable / Refundable
HKP does not accept return of the following Products:
2.11.13.1 Stamps or Philatelic products
2.11.13.2 Postshop souvenir
2.11.13.3 Postal Stationery
2.11.13.4 Product specified as "Non-returnable" or "Non-refundable"
2.11.13.5 Free gift or e-coupon
2.12 Rating and Comment
2.12.1 The function of rating and comment on the ordered Products will only be available for 1 month upon the date of successful delivery of the Product.
2.12.2 You are required to Login as a Member to rate and comment on the ordered Products. Comments are subject to review by us.
2.12.3 You agree and accept that we will automatically rate 5 stars on behalf of you on ordered Products without prior notice if no rating or comment is given by you within the period mentioned in clause 2.12.1.
2.12.4 You agree and accept that we have the discretion to decide whether to publish your comments and we will not publish your comments as soon as they are posted. There shall be a time lag between posting and publication of the comments (if any).
2.12.5 Once your rating and comment is published, you are not able to make any change on it.
2.12.6 In giving rating and comment, you agree and accept that your rating and comment will be published together with your registered username (First Name & Last Name).
2.12.7 If you submit User Content to the Website or HKP or its Related Persons, you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free right to use, modify, reproduce, distribute, translate, perform, create derivative works from and display the User Content throughout the world including the Internet in any media. You grant HKP, its Related Persons and sublicenses the right to use the User Content and the name that you submit in connection with such User Content to the extent permitted by the functionality of the Website from time to time.
2.12.8 You agree, represent, warrant and covenant that:
2.12.8.1 the User Content does not contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of our website and / or computer software or hardware or telecommunications equipment constituting them;
2.12.8.2 the User Content does not contain any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", chain letters, "pyramid schemes" or any other form of solicitation, except such advertisements or promotional materials expressly authorized by us in writing;
2.12.8.3 the User Content does not include any material that may be illegal, defamatory, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or other right of any person, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise objectionable;
2.12.8.4 the User Content does not contain personally identifiable information about other individual, or party;
2.12.8.5 to the extent that the User Content identifies any individual or party (whether by name, image, picture or whatsoever), you have obtained all of necessary consents, permissions and license from them to use the User Content and grant us the right to use as mentioned in Clause 2.12.7 above;
2.12.8.6 you own or control all of the necessary rights, consents, permissions and licenses to the User Content;
2.12.8.7 you have the legal right and authority to grant the license in clause 2.12.7 above; and
2.12.8.8 at our request, you will provide us with written copies of any consents, permissions and licenses that you are required to obtain.
2.12.9 Hongkong Post has the right (but not the obligation), in our sole discretion, to pre-screen, monitor, evaluate, and analyze User Content, and any use of and access to the Website, including the right to determine your compliance with the Terms and any other operating rules or policy that may be established by us from time to time.
2.12.10 Hongkong Post has the right (but not obligation), in our sole discretion, to edit, move, delete, or refuse to make available any User Content made available through, the Website, for any reason, including violation of the Terms, whether for legal or whatsoever reasons, without prior notice to you.
2.12.11 You are solely responsible and liable for User Content, and you agree to indemnify Hongkong Post and Related Persons for all claims resulting from any content you make available.
2.13 Promotion Offer & Mall Fun
2.13.1 Your ordered Products may not be accepted from return or refund if you use promotion offer on your Order. You have responsibility to read, agree and accept the content, general and special terms and conditions, limitation and remarks (if any) of any kind of promotion, not limited to promotion code or coupon offered by us before placing an Order or redeeming any promotion items or Mall Fun.
2.13.2 Promotion offers can be used once only subject to its special terms and conditions.
2.13.3 Promotion offers cannot be used in conjunction with each other.
2.13.4 Promotion code or coupon is neither refundable nor returnable. Any unused amount will be forfeited.
2.13.5 Mall Fun cannot be redeemed for money or gift.
2.13.6 Mall Fun is subject to an expiry date. You have responsibility to use your Mall Fun in 1 year from the date of issue. You agree and accept that HKP has the right to cancel or delete your Mall Fan which is not redeemed in 1 year.
2.13.7 You agree and accept that all Mall Fun, gifts, e-coupon or promotion offer will be cancelled and forfeited when your Membership Account is dormant for or inactivated for or terminated by your or us.
2.13.8 We reserve the right to terminate or vary the offer in respect to any promotion or Mall Fun. In event of any dispute, our decision shall be final and conclusive.
2.14 Electronic Communications
2.14.1 When you use our Services, or send emails, message, texts or photos, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You agree and accept to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Website or through the other HKP Services, such as sms, and you can retain copies of these communications for your records.
2.14.2 In using Live Chat in ShopThruPost, the dialogue will be cleared under the following circumstances:-
2.14.2.1 the Chat Room or conservation browser is closed; or
2.14.2.2 inactivity for some period of time.
2.14.3 You agree and accept that HKP has the right to retain the dialogue for our records. Please refer to Privacy Statement (Clause 2.4) for the use of data collected.
2.14.4 Live Chat is provided only as a convenience to Members. You agree and accept that it is not the tool for applying Products Return and Exchange. HKP is unable to review, endorse or control the conversation between a Member and anyone. HKP and its Related Person are not liable for any claims arising out of or in connection with the use or operation of Live Chat.
2.15 Additional Terms
2.15.1 The provision of certain Products may be subject to additional HKP Product Terms or Merchant Product Terms. The terms will be made known to you upon your expressing an intention to order the Product. These additional HKP Product Terms are incorporated by reference into the Terms.
2.16 Modification of Services
2.16.1 HKP reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) or remove any Product mentioned, introduced, or sold on or over the Website with or without notice. You agree that HKP shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
2.17 Limitation of Liability
2.17.1 HKP's liability, if and to the extent it is held liable despite these Terms, to Customer in relation to HKP Products shall be limited to the amount of the price paid by the Customer for the relevant HKP Product.
2.18 Conflict between Terms
2.18.1 If there is any conflict or ambiguity between any provisions contained in the Terms (excluding those at 2.18.1.1 and 2.18.1.2 below) and
2.18.1.1 the FAQs Section; or
2.18.1.2 any provision in the HKP Product Terms, the provision in the Terms (excluding those at 2.18.1.1 and 2.18.1.2 above) shall take precedence.
2.18.2 The Website and the Terms are accessible in both an English language version and a Chinese language version. In the event of any conflict or inconsistency between these versions, the English version shall prevail.
2.19 Compliance with Laws
2.19.1 You undertake to HKP to comply with all laws, statutes and regulations whether applicable in Hong Kong or elsewhere which apply to that your access to or use of the Website and/or any transactions conducted by means of the Website including the placement and fulfillment of Orders.
2.20 Governing Law and Jurisdiction
2.20.1 The Terms shall be governed by and construed in accordance with the laws of Hong Kong. In the event of any disputes or Claims arising out of or in connection with the Terms, you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
2.21 Entire Agreement
2.21.1 The Terms set out the entire agreement between you and HKP relating to the Services and shall supersede any and all prior representations, warranties and undertakings in respect of the Services.
2.21.2 You acknowledge and agree that in agreeing to the Terms, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking of any person other than as expressly set out in the Terms.
2.22 Variations
2.22.1 HKP is entitled to revise the Terms at any time and from time to time by modifying or replacing the Website. You should therefore visit the Terms periodically to ensure you are aware of any modifications or replacements.
2.23 Severance
2.23.1 If any of the Terms shall be found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms which shall remain in full force and effect.
2.24 Headings
2.24.1 Headings used in the Terms are for reference only and shall not define or limit the scope of any paragraph.
2.25 Prior Terms
2.25.1 Any Terms in force prior ("the Prior Terms") to the commencement of the / coming into force of the current Terms posted on the Website ("the Current Terms") shall cease to have effect from the date of the posting of the Current Terms, provided that such cessation shall not affect your or HKPâs accrued rights and obligations under the Prior Terms prior to the posting of the Current Terms.
3. Copyright Statement
3.1 Ownership and Right to Use
3.1.1 The Content on the Website is protected by copyright.
3.1.2 You acknowledge and agree that:
3.1.2.1 the Content on the Website is owned by HKP or its licensors; and
3.1.2.2 the compilation of Content on the Website is owned by HKP.
3.1.3 You are permitted to use the Content on the Website for personal non-commercial use only. No part of the Content on the Website may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without HKP's prior written consent. Content on the Website may be used, downloaded and copied only for the purpose of placing an Order and/or for a directly related personal purpose. Any other use, download, reproduction, modification, publication, performance, distribution or transmission of the Content on the Website or the creation of derivative works from or the sale or exploitation in any way of such Content is strictly prohibited.
3.1.4 The HKP names and logos "Hongkong Post", "hongkongpost.hk", "ShopThruPost" and "shopthrupost.hongkongpost.hk" are trademarks of HKP and are owned by the Government. No trademarks, logos and services marks displayed on the Website shall be used without the prior written consent of the Government and/or other parties whose consent may be required.
3.2 Infringement
3.2.1 HKP respects copyright law and expects you to do the same. Unauthorized copying, distribution, modification and public display of copyrighted works is an infringement of the copyright holders' rights. As a condition of your access to the Website, you agree that you will not access or use or permit the Website to be accessed or used for infringing the intellectual property rights of others. Without prejudice to other accrued rights, HKP reserves the right to terminate the registration of any Member or Subscriber upon notice of any infringement of the copyright or other intellectual property rights of others in connection with the access or use of the Website. HKP will investigate any information it receives in relation to copyright infringement committed by you.