General Terms and Conditions of Service (“Terms & Conditions”)

Demantiamama (collectively “We”), we own and operate the site. We provide services via the Site. Access to and use of the contents and services provided on the Site shall be subject to the Privacy Policy and the terms and conditions which are set out below (hereinafter referred to as the “Terms and Conditions”).

By using the Site and any other site and/or media platforms and/or applications accessed through such Site, users of the Site (hereinafter referred to as the “Users”) acknowledge and agree that the Privacy Policy and the Terms and Conditions set out below are binding upon them. If a User does not accept either or both of the Privacy Policy and/or the Terms and Conditions, please do not use the Site. We reserves the right, at its own discretion, to revise the Privacy Policy and the Terms and Conditions at any time without prior notice. Once posted on the Site, the amended Privacy Policy and the Terms and Conditions shall apply to all Users. Users are advised to visit this page periodically to review the latest Privacy Policy and the Terms and Conditions. A User’s access to the Site and the Services (as defined in Clause 1.1 below) will be terminated upon his/her notice to Us that any change is unacceptable; otherwise the continued use shall constitute acceptance of all changes and the said changes shall be binding upon the User.

By using the Site, Users acknowledge and agree that, if applicable, apart from being bound by the Terms and Conditions set out herein, they will at the same time be bound by the terms and conditions of the relevant and applicable Channel(s) operated by Us or relevant Company(s) which their Materials (as defined in Section 10.1 below) are being / have been uploaded to or posted on.

Users further acknowledge and agree that they shall comply with all applicable laws, statutes, ordinances and regulations (whether or not having the force of law) regarding their use of the Site. Users recognize the global nature of the Internet and understand that the applicable laws, statutes, ordinances and/or regulations may be of a jurisdiction other than their own and agree that compliance with the same is their absolute responsibility.

The terms “User” and “Users” herein refer to all individuals and/or entities accessing and/or using the Site at anytime, whether in Hong Kong or elsewhere, for any reason or purpose.

1. General Terms

  1. We offers one or more of the following services through the Site pursuant to the Terms and Conditions:
    1. as platform for sharing informations related to dementia’s caring and/ or elderly’s caring;
    2. providing online store for Users to purchase product(s) ;
    3. event hosted by Us or relevant Company(s), including but not limited to courses and workshops; and
    4. any other contents, features, services and/or applications made available by Us via the Site.
  2. (hereinafter singly or collectively referred to as the “Services”).
  3. We reserves the rights, in its sole discretion, to modify the Services, including without limitation by removing, adding, or modifying any portion of the Site and to edit, modify, share, erase, delete or remove any Materials posted on the Site for any reason from time to time and without notice. We shall have no liability to any Users for any of the foregoing actions except pursuant to terms of any service agreement signed with Us, if any.
  4. We are committed to protect the privacy of the Users. We use the information of the Users according to the terms as described in the Privacy Policy .

2. Registration as Member

  1. Users may freely browse the Site for informations and use the tools which We make available thereat. However, certain contents and functions of the Site, including without limitation online store services are only available to registered members of the Site (hereinafter referred to as the “Members”).
  2. A User may become a Member of the Site by registering online at the section “Member Registration“. Users warrant that the personal particulars which they provide when they register as Members of the Site are true, accurate, current, complete and not misleading in all respects, and further undertake to promptly update Us where there is any subsequent change in such particulars. Users’ failure to do so would entitle Us to suspend and/or terminate their membership account (“Account”) with the Site without further notice and/or recourse to the related Users.
  3. Users are required to register as members before purchasing our product(s) via the Site’s online store.
  4. Users must not select a username or password that violates any person’s rights or one that in Our’s opinion is offensive, improper or inappropriate. If a User does so, We reserves the right to modify or delete the username or password and/or terminate his/her Account with the Site. In any event We shall not be liable in any way for any improper use of a username or password by any User.
  5. Users shall be solely and entirely responsible for maintaining the confidentiality of the login information and password and any other information in respect of their Accounts and responsible for all activities that occur in connection with the Account. In no event shall We be responsible or liable for any loss or damage in relation to the unauthorized use of Account by any person.
  6. Users agree to immediately notify Us of any unauthorized use of their Accounts or any other breach of security with respect to their use of the Services.
  7. Registration requests made pursuant to Clause 2b may be refused by Us at its sole and absolute discretion and Users agree that We are under no obligation to send Users any alert, notice or explanation regarding Our’s rejection of membership registration.
  8. We reserves the rights to deactivate or cancel any User’s Account at any time as it deems necessary.
  9. The information that Users provide to Us on the registration form to become a Member will be dealt with in accordance with our Privacy Policy, and We strongly recommend Users to read the said Privacy Policy prior to registration as the terms stated therein are binding upon all Users.

3. Order

  1. User can order merchandise via the Site.
  2. When User places an order User is making an offer to buy from the Us the merchandise User has specified at the price stated for those merchandise. User cannot cancel an order once it has been submitted, even if Our acceptance or rejection of User’s order is still pending.
  3. We will acknowledge User’s order to confirm that We have received User’s order by email. The confirmation will provide:
    1. details of what you have ordered,
    2. details of the price charged,
    3. details of bank transfer information, and
    4. details of product(s) pickup and/ or shippment informations.
  4. We accept User orders the merchandise which is out of stock, when We confirm that User’s payment record, We will refill the stock of the merchandise and contact User for the confirmation of the dispatch information.
  5. If We cancel User’s order We will notify User by email and will credit to User’s Paypal account or Bank account any sum deducted by Us from User’s as soon as possible but in any event within thirty (30) days of User’s order. User accepts that We will not be obliged to offer any compensation for disappointment suffered.

4. Payment

  1. We accept bank transfer, credit card payments made by Visa and MasterCard and Paypal.
  2. When User place an order you authorise Us to debit the credit card you specify or Paypal on your order for the amount of the order at the time we send our acceptance of your order. Title in the merchandise does not pass to User until payment has been received.
  3. We use third party payment service to process online transactions. When User places an order, User agrees and accepts that User’s credit card information will be collected, processed, and kept by payment service provider subject to its terms and conditions. User agrees and accepts that User is solely and exclusively responsible for any losses incurred or sustained by User in making credit card transaction, and in no event shall any such losses in whole or in part be borne by Us.

5. Delivery, Local Pickup

  1. We only provide dispatch hand by hand service at specific location and time.
  2. User can choose the dispatch location and time when User in checkout page in the Site, when User’s order payment was confirmed by Us, We will contact User for the details of dispatch.

6. Return, Exchanges or Refunds

Unless otherwise specified, no return, exchange or refund of merchandise will be accepted.

7. Disclaim of Warranties and Limitation of Liability

  1. We do not represent or warrant that access to our site or any part of it, will be uninterrupted, reliable or fault-free.
  2. We do not represent or warrant to User that the Site or any of its contents will be accurate, complete or reliable.
  3. User 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 User transmit to Us. Any information which User transmit to Us is transmitted at User’s own risk.
  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 User as a result of:
    1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Site or any information on the Site;
    2. the unavailability of othe Site (or any part of it), merchandise or services;
    3. any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
    4. any misrepresentation on or relating to the Site, the merchandise or the services.
  5. Save as required by law:
    1. We will not be liable to User for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem User notify to Us, and
    2. We will have no liability to pay any money to User by way of compensation except otherwise specified in these terms and conditions.
  6. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

8. Warranties

Members represent, warrant and covenant that members will not:

  1. use our site for any fraudulent or unlawful purpose;
  2. use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  3. interfere with or disrupt the operation of our site or the servers or networks used to make our site available, or violate any requirements, procedures, policies or regulations of such networks;
  4. transmit or otherwise make available in connection with our site 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;
  5. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site;
  6. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site;
  7. frame or mirror any part of the site without our express prior written consent;
  8. create a database by systematically downloading and storing the Content, User Content or any site content; and
  9. infringe any copyright, design right and intellectual property right in the merchandise.

9. Content

  1. The intellectual property rights in all Content are owned, controlled or licensed by or to Us. Except for the rights granted to User under clause 10.2, nothing in these terms and conditions shall confer on User any right or interest in the Content and all other rights are reserved to Us.
  2. Subject to these terms and conditions, User may use the Content for User’s own personal purposes.
  3. Unless User have our express written consent or User is expressly authorised by law to do so, User shall not:
    1. use the Content for any commercial or other non-personal purpose;
    2. make any copies of the Content or transfer the Content to any other device or any other person; or
    3. otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
  4. User acknowledges and agrees that We may cease to supply any of the Content to User at our sole discretion if User is in breach of any of the terms of this clause.
  5. 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. User also agrees that responsibility for the content of advertisements appearing on the Site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by Us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by User upon the accuracy of information contained on the Site.

10. User Generated Content

  1. When User submits any user generated content including all text, files, images, photos, sounds, videos or other materials to the Site (“User Content”), User grants to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the Site, including without limitation for the purposes of promoting and redistributing part or all of the Site in any media formats and through any media channel. Without limitation, the rights that User grant to Us under this clause 10.1 include a right to grant each user of the Site a sub-licence to use the User Content to the extent permitted by the functionality of the Site from time to time. User hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
  2. User represent, warrant and covenant that:
    1. User have the legal right and authority to grant the licence in clause 10.1 above;
    2. User is the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for User to grant Us the licence in clause 10.1 above;
    3. by exercising the licence in clause 10.1 above, We shall not infringe the intellectual property rights or other rights of any third party;
    4. to the extent that the User Content identifies any individual (whether by name, picture or otherwise), User has obtained all consents and permissions from those individuals which are required for Us to use the User Content as contemplated by the licence in clause 10.1 above;
    5. the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on the Site; and
    6. at our request, User will provide Us with written copies of any consents, permissions and licences that User is required to obtain.

11. Indemnity

User agrees to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.

12. Termination of Service

  1. We may terminate User’s access to the Site or registration immediately if User is in breach of any of these terms and conditions.
  2. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

13. Intellectual Property

  1. All intellectual property rights in the Content, User Content, design, text, graphics and other material on the Site and the selection or arrangement thereof are owned, controlled or licensed by or to Us. Any authorised used without our prior written permission is strictly prohibited.
  2. All trade marks, product names and company names or logos used in the Site are our property or that of their respective owners. No permission is given by Us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.

14. General

  1. We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
  2. We take privacy issues seriously. Our privacy policy covers our use of any information members provide. In using our services, members agree that We may collect, store, and use information about members in accordance with our privacy policy. Members acknowledge and agree to be bound by the terms of Our privacy policy.
  3. We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
  4. The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
  5. We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to members on our behalf or to perform any of our obligations under these terms and conditions.

15. Limitation of Liability

Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any User for all claims and expenses arising from their use of the Services and/or the Channels shall be limited to the amount of HK$1.

16. Enquiries

For any query, please click here to contact Customer Relationship Executive of the Company.

Terms and Conditions for Promotion Code

  1. Promotion code or coupon offered by Us shall only be applicable for one-off purchase at our site subject to special terms and conditions.
  2. Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.

The Company reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.

These terms and conditions form the integral part of the General Terms and Conditions.

Last Updated: 27 Nov 2019

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