Terms & Conditions for 3Mall Online Purchase

 

Please read these terms and conditions ("Terms and Conditions") carefully before using the Sites and the Services. By using the Site or the Services or any part thereof, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.

 

1.          General

 

1.1        3Mall is an online shopping platform owned and operated by Hutchison Telephone Company Limited. We facilitate a convenient way for customers to shop online and purchase the Merchandise (as defined below) by using the Site, the relevant shopping platforms, the mobile applications and/or software branded as 3Mall (collectively “Services”). By accessing or using the Site or the Services, you agree to be legally bound by these Terms and Conditions. If you do not agree with or accept any of these Terms and Conditions, please do not access or use the Site or the Services.

            

 

1.2        In these Terms and Conditions, the following words shall have the following meanings:

 

1.2.1     “We”, “our” or “us” means Hutchison Telephone Company Limited.

 

1.2.2     “You”, “your” or “customer” means the person using or attempting to use the Site or the Services.

 

1.2.3     "3iChat" means the customer support services we offer at https://3ichat.three.com.hk/.

 

1.2.4     "Confirmation" has the meaning given to it in Section 3.3.

 

1.2.5     “Our 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 or in relation to the Site or the Services.

 

1.2.6     “Merchandise” means the goods and/or services listed for you to purchase through the Site or the Services.

 

1.2.7     “Intellectual Property Rights” means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, data exclusivity rights, approvals, utility models, domain names, business names, rights in computer software, mask works, topography rights, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising and, in each case:

 

(a)        whether registered or not;

 

(b)        including any applications to protect or register such rights;

 

(c)        including all renewals and extensions of such rights or applications;

 

(d)        whether vested, contingent or future; and

 

(e)        wherever existing.

 

1.2.8     ”Site” means the 3Mall website (shop.three.com) and any of the related sites that are linked to it (if applicable), as well the mobile applications and/or software by which the Services are intended to be accessed.

 

1.2.9     “Services” is defined in section 1.1.

  

1.2.10   “Supplier” means the seller and supplier of the Merchandise you ordered through our Site.

  

1.2.11   “User Content” is defined in Section 10.2.

 

2.          Registration

 

2.1        You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site or the Services.

 

2.2        The Site and the Services are intended for use only by those who can collect their ordered Merchandise from or receive deliveries in Hong Kong and we do not offer the Services for those who require delivery outside of Hong Kong. If you choose to access the Site or the Services from locations outside of Hong Kong, you are responsible for compliance with local laws where they are applicable.

 

2.3        You are required to register with us when you use the Services or place an order. By registering you are making a representation, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract. Please do not register an account if you are not aged 18 years or above or are otherwise incapable of forming a legally binding contract with us. You may not order Merchandise from the Site or the Services if you are not aged 18 years or above.

 

2.4        You authorize us to assume that any person using the Site and the Services with your username and password is either you or is authorized to act for you.

 

2.5        During registration for the Services, you must provide us with true, accurate, current and complete information about yourself when filling out our registration form. You must not register as a member multiple times, and you must not impersonate or create an account for any person other than yourself. We are entitled at any time to request a form of identification to verify your identity.

 

2.6       At all times, you must:

 

2.6.1     maintain and promptly update your registration information to keep it true, accurate, current and complete.  Please inform us via the Site or the Services, or by email to sales@three.com.hk immediately of any changes to the information that you provided so that we can communicate with you effectively.  If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have absolute discretion to refuse, suspend or terminate your registration for any reason whatsoever; and

 

2.6.2     safeguard your username and password by keeping them and all of your registration information confidential. You are wholly responsible for all activities which occur under your account (including any unauthorised use of your Payment Information). You must notify us immediately if you become aware of any unauthorized use of your account. You must not permit your account details to be used by or transferred to any other person.

 

3.          Order

 

3.1        Except where otherwise specified on the web page for the Merchandise, we are not the Supplier of the Merchandise. The descriptions of Merchandise on the Site and the Services are provided to us by the Suppliers. We are only responsible for managing and administering the Site and the Services, arranging order processing and fulfillment for the Merchandise you ordered from the Suppliers through the Site and the Services. As the Merchandise and any descriptions in relation thereto are provided by the Supplier and not us, and as we are only responsible for managing and administering the Site and the Services, arranging order processing and fulfillment for the Merchandise you ordered from the Suppliers through the Site and the Services, we shall not be considered to have endorsed and are not responsible or liable for the quality or performance of the Merchandise or any descriptions in relation thereto.

 

3.2        When you place an order you are making an offer to buy from the Supplier the Merchandise you have specified at the price stated for those Merchandise. We do not provide functionalities for you to cancel an order once it has been submitted, even if acceptance or rejection of your order is still pending.

 

3.3        We will acknowledge your order to confirm that we have received your order by email. All orders are subject to our confirmation (a "Confirmation") and a Confirmation will provide:

 

3.3.1   details of what you have ordered,

 

3.3.2   details of the price charged, and

 

3.3.3   information about the progress of your order.

 

            We will not send a Confirmation until the Supplier has accepted your order. You may track your order status from our customer service representative via 3iChat.

 

3.4        Please note that the Supplier is entitled to accept or reject your order in parts as well as in full. As such, acceptance of your order will only cover the Merchandise stated in a Confirmation. The order you have made for the remaining Merchandise is only accepted upon your receipt of a further Confirmation of referring to the remaining Merchandise in your order.  

3.5        We will use our reasonable endeavours to ensure that Merchandise displayed in 3Mall is in stock and such stock will be updated regularly by the Supplier. They should not be relied on as definite statements as to whether the Merchandise you wish to purchase are actually in stock.

 

3.6        We reserve the right to cancel an order or not to provide an order to the Supplier for any reasons at our sole discretion, including without limitation:

 

3.6.1     insufficient stock to deliver the Merchandise you have ordered;

 

3.6.2     no delivery can be arranged for your area; or

 

3.6.3     one or more of the Merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the Supplier.

 

Please note that the Supplier is also entitled not to accept or to cancel an order for any reason at their sole discretion, including without limitation the same reasons in Sections 3.6.1 to 3.6.3 above.

           

3.7        If your order is cancelled, we will notify you by email and will credit to your account any sum deducted by us from your credit card, electronic wallet, or any other electronic means for the order as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment and/or distress suffered or loss of pleasure, relaxation or peace of mind as a result of the cancellation of your order.

 

4.          Price and Payment

 

4.1        We will use all reasonable endeavours to display accurate and up to date prices on the Site and the Services. However, because prices of the type of Merchandise for sale are often updated by the Supplier we cannot state the definite price until we send you a Confirmation. Any reliance that you may place on the prices on the Site and the Services (save for the Confirmation) is at your own risk.

 

4.2        All product prices listed are in Hong Kong Dollars. Prices charged for purchase on the Site or the Services may be different from those charges in the Supplier’s stores.

4.3       If the price of the Merchandise is higher at the time we are ready to send a Confirmation to what it was at the time you placed your order then we will either:

 

4.3.1     cancel your order, or

 

4.3.2     contact you to ask you whether you wish to pay the higher price or cancel your order.

 

4.4        If your order is cancelled under Section 4.3 above, Section 3.7 above shall also apply.

 

4.5        We accepts credit card payments from Visa, Master, Alipay, AlipayHK or other designated electronic means as specified by us. When you place an order, you authorize us to debit your specified credit card, electronic wallet or other designed electronic means with the amount of the price of the Merchandise as stated on a Confirmation.

 

4.6        We use third party payment services to process online transactions. When you place an order, you agree and accept that information in relation to your credit card, electronic wallet or other designated electronic means (altogether, "Payment Information") may be collected, processed, and kept by us and the relevant payment service providers subject to their terms and conditions. You agree and accept that you shall not through any of your acts or omissions cause us to be liable in any way to such payment service providers for any losses or damages that they may incur or suffer, and indemnify us against any claims from the payment service providers caused by such acts or omissions.

 

4.7        To provide secure and reliable online shopping service, we employ secure socket layer technology Internet’s Transport Layer Security (TLS 1.2) for transactions in the digital shops.  All of your personal information including your Payment Information, name, address, etc. will be encrypted before transmission over the internet, thereby preventing any unauthorized third party from reading your information during online transmission.

 

5.          Delivery

 

5.1        You agree and accept that you will collect your ordered Merchandise from the Supplier's designated locations. Alternatively, if the Supplier has indicated on the Site or the Services or directly to you that delivery services are available, the Supplier shall be responsible for delivering the ordered Merchandise to you. If the Supplier has not indicated on the Site or the Services or directly to you that delivery services are available, delivery services will be deemed not available unless the Supplier has notified you otherwise. For the avoidance of doubt, we do not provide or procure any delivery services of our own.

 

5.2       If the Supplier has indicated on the Site or the Services or directly to you that delivery services are available, please note that all delivery dates/ expected delivery times indicated on the Site or the Services or directly to you are estimates only that are provided on behalf of the Supplier, and the delivery time during special festivals or peak seasons such as Singles’ Day, Christmas, and Chinese New Year, etc., may be extended or otherwise affected without notice to you. Please refer to any relevant special notices announced on the Site or the Services or otherwise by the Supplier from time to time. .

 

5.3        We shall not be liable under any circumstances whatsoever for the delivery services and in particular are not obliged to provide you with a refund if any deliveries of the Merchandise are delayed or unsuccessful. Please note that the Supplier responsible for providing delivery services to you may choose to impose additional terms and conditions relating to the provision of such delivery services and you are solely responsible for compliance with all such additional terms and conditions should you accept such delivery services from the Suppliers. Under no circumstances will we accept the return of any Merchandise directly to us or be held liable for your damages for whatever reasons, nor are we obliged to assist you to procure any returns or exchanges from the Supplier.

 

5.4        Please note that as the Site and the Services are intended for use only by those who can collect their ordered Merchandise from or receive deliveries in Hong Kong, our Suppliers may choose not to, and may decline to deliver Merchandise to locations outside of Hong Kong.

 

6.          Returns or Exchanges

 

6.1        Unless otherwise specified, no return or exchange of Merchandise will be accepted. Please read the returns or exchanges policy as specified by the Supplier carefully before you place an order. The returns or exchanges policy will be provided on the page or as a hyperlink on the page which displays the Merchandise for sale. If no return or exchange policy is provided for a Merchandise, the Merchandise will be deemed not available for return or exchange unless the Supplier has notified you otherwise.

 

6.2        You agree and accept that it will be at the Supplier’s sole discretion whether the Merchandise is accepted for return or exchange. Please peruse the return or exchange policy of the Supplier carefully, as you are solely responsible for compliance with the return or exchange policy of the Supplier. Under no circumstances will we accept the return of any Merchandise directly to us or be held liable for your damages for whatever reasons, nor are we obliged to assist you to procure any returns or exchanges from the Supplier.

 

7.          Disclaimers and Limitation of Liability

7.1       As the Merchandise and any descriptions in relation thereto are provided by the Supplier and not us, and as we are only responsible for managing and administering the Site and the Services, arranging order processing and fulfillment for the Merchandise you ordered from the Suppliers through our Site and our Services, we shall not be considered to have endorsed and are not responsible or liable for the quality or performance of the Merchandise or any descriptions in relation thereto.

7.2       While we try to make sure that the Site and the Services are accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site or the Services will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site or the Services is at your own risk.

7.3       All content on the Site and the Services is provided for your general information purposes only. In offering you access to the Site, the Services or even any particular Merchandise, we do not provide advice of any nature, including without limitation, technical, financial, investment, legal advice or any other type of advice, and should not be relied on for any purposes.

7.4       While we try to make sure that the Site and the Services are available for your use, we do not promise that the Site or the Services will be available at all times, nor do we promise the uninterrupted use by you of the Site or the Services.

7.5       The extent of our liability under or in connection with the Site and the Services to you (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this section 7.

 

7.6       Our total liability shall not, for each order, exceed the value of the Merchandise you have specified for that order.

 

7.7       We are not liable for any consequential, indirect or special losses. We are also not liable for any of the following (whether direct or indirect) losses: loss of profit, loss of data (except personal data), loss of use, loss of production, loss of contract, loss of opportunity, loss of savings or discount or rebate (whether actual or anticipated), or harm to reputation or loss of goodwill.

 

7.8       Except as otherwise expressly stated in these Terms and Conditions and subject to Section 7.9 below, all warranties and conditions, whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

 

7.9       Notwithstanding any other provision of this Agreement, our liability is not limited in any way if we are responsible for any of the following: death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other losses which cannot be excluded or limited by applicable law.  

7.10      If you wish to make a claim against us, you must notify us in writing within one year from the occurrence of the incident giving rise to such a claim. Otherwise, you shall be deemed to have waived your rights in respect of such claim.

7.11      This Section 7 will apply even after you no longer use the Site or the Services.

 

8.          Conditions of Use and Warranties Given by Customer

 

8.1        You represent, warrant and covenant that you shall not:

 

8.1.1     use the Site or the Services for any fraudulent or unlawful purpose;

 

8.1.2    use the Site or the Services to send or receive electronic communications or User Content, which:

 

(a)        defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

 

(b)        contain obscene, profane or abusive language or material;

 

(c)        contain pornographic material (that is text, pictures, images, films, sound or video clips of a sexually explicit or arousing nature);

 

(d)        contain offensive or derogatory material including those regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition and/or sexual orientation;

 

(e)        in our reasonable opinion may adversely affect the manner in which we carry out our business;

 

(f)         advertise or offer to sell or buy any goods or services for any business purposes;

 

(g)        constitute unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or

 

(h)        are otherwise unlawful, improper, inappropriate or immoral;

 

8.1.3     use any information received through the Site or the Services to attempt to identify other customers, to contact other customers, or for any forensic use;

 

8.1.4     impersonate any person or entity, including anyone affiliated with us or a Supplier, or false state or otherwise misrepresent your affiliation with a person or entity;

 

8.1.5     damage, disable, burden, impair, interfere with or disrupt the operation of the Site or the Services or the servers or networks used to make the Site or the Services available; or violate any requirements, procedures, policies or regulations of such servers or networks;

8.1.6     transmit or otherwise make available in connection with the Site or the Services 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;

 

8.1.7     gain unauthorised access to the Site or the Services or the servers or networks on which the Site or the Services are based nor any servers or networks connected to the Site or the Services;

 

8.1.8     override any security component of the Site or the Services;

 

8.1.9     reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or the Services (including our mobile applications or software);

 

8.1.10   modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or the Services;

 

8.1.11   use manual or automated software, devices, scripts, robots, or other means or processes to access, scape, craw or spider the Site or the Services;

 

8.1.12   frame or mirror any part of the Site or the Services without our express prior written consent;

 

8.1.13   add your own headers, forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services; 

 

8.1.14   create a database by systematically downloading and storing Our Content, User Content or any content on the Site or the Services;

 

8.1.15   infringe any Intellectual Property Rights in any of the Merchandise, the Site and/or the Services;

 

8.1.16   infringe any third party's rights (including their Intellectual Property Rights);

 

8.1.17   download any file posted by another customer or user of the Site or the Services that you know, or reasonably should know, cannot be legally distributed in such a manner; or

 

8.1.18   engage in any activity which constitutes or is capable of constituting a criminal offence in Hong Kong or any other applicable jurisdictions.

 

8.2       Music, video, pictures, text and other content on the internet are copyrighted works and you should not download, alter, e-mail or otherwise use such content unless you are certain that the owner of such works has authorized its use by you.

8.3       You will be assumed to have obtained permission from the owners of any devices that are controlled, but not owned, by you to use the Site or the Services (together with devices owned by you to use the Service) (the "Devices"). You accept responsibility in accordance with the terms of these Terms and Conditions for the use of the Site or the Services on or in relation to any Devices, whether or not they are owned by you.

8.4       By using the Site or the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services to improve our products and services and to provide the Site and the Services to you.

9.          Content

 

9.1        We shall use all reasonable commercial endeavors to ensure the accuracy of Our Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of Our Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on the Site or the Services 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 you upon the accuracy of information contained on our Site or the Services.

 


 

10.      User Generated Content

 

10.1      The Site and the Services may contain functionalities which allow you to upload, transmit, post or otherwise make available content generated by you, for example, by writing reviews for Merchandise listed on the Site or the Services.

 

10.2      When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to the Site or the Services (“User Content”), you grant 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 or the Services, including without limitation for the purposes of promoting and redistributing part or all of the Site or the Services in any media formats and through any media channel. Without limitation, the rights that you grant to us under this section 10.2 include a right to grant each user of the Site or the Services a sub-licence to use the User Content to the extent permitted by the functionality of the Site or the Services from time to time. You 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.

 

10.3      While we try to make sure that the Site and the Services are secure, we cannot guarantee the security of any User Content that you supply to us and may also publish the User Content on the Site or the Services. We therefore cannot guarantee that your User Content will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercial sensitive or valuable ("Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. In the event that any Unwanted Submissions have nevertheless been submitted for any reason, you acknowledge that we may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site or the Services to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

 

10.4      You represent, warrant and covenant that:

 

10.4.1   you have the legal right and authority to grant the licence in section 10.2 above;

 

10.4.2   you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in section 10.2 above;

 

10.4.3   by exercising the licence in section 10.2 above, we shall not infringe the Intellectual Property Rights or other rights of any third party, and that you indemnify us against any claims from third parties that the User Content infringes their Intellectual Property Rights;

 

10.4.4   to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in section 10.1 above; and;

 

10.4.5   at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.

 

10.5      We may review your conduct and User Content for compliance with these Terms and Conditions from time to time, but are not obliged to do so. We may also decide, in our sole discretion, to pre-screen, move, refuse, modify, delete and/or disable any User Content which fails to comply with these Terms and Conditions. We are not responsible for and not liable to you for any User Content from other users of the Site and the Services.

 

11.        Indemnity

 

11.1      You agree 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 these Terms and Conditions by you.

 

12.        Linked Websites

 

12.1      Certain links or references, including hypertext links, in the Site or the Services may take you outside of the Site or the Services. Such links and references are provided for your convenience and inclusion of any links or references does not imply endorsement or approval by us of the linked website, its operator or its content. We have no control over such websites (even if the site belongs to a Supplier) and accept no legal responsibility for the content of any website outside the Site or the Services (including the websites of a Supplier). Please note that your use of any such websites may be governed by the terms and conditions of those websites.

 

13.        Termination

 

13.1      We may terminate or suspend your access to the Site, the Services or your registration immediately if you are in breach of any of these Terms and Conditions or any applicable laws.

 

13.2      We may also suspend or terminate the Site or the Services at any time as we see fit, for any reason or no reason.

 

13.3      Any rights that have accrued to either party at the date of termination howsoever arising will remain enforceable after termination.

 

14.        Intellectual Property

 

14.1      The Site, the Services and any and all Intellectual Property Rights in them, including but not limited to any and all Intellectual Property Rights in Our Content, design, text, graphics and other material on our Site and the selection or arrangement thereof are owned, controlled or licensed by or to us. We and our licensors reserve all of our and their Intellectual Property Rights in connection with the Site and the Services. This means, for example, that we and they remain owners of our Intellectual Property Rights and are free to use our Intellectual Property Rights as we and they see fit.

 

14.2      Subject to these Terms and Conditions, you may use Our Content solely for the purpose of accessing and using the Site and the Services. Nothing in these Terms and Conditions grants you any legal rights in the Site and the Services other than as necessary to enable you to access and use the Site and the Services. You agree not to (and agree not to attempt to) circumvent or delete any notices contained on the Site or the Services (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site or the Services.

 

14.3     Without limiting the generality of Sections 14.1 and 14.2, unless you have our express written consent or you are expressly authorised by law to do so, you shall not:

 

14.3.1   use Our Content for any commercial or other non-personal purpose;

 

14.3.2   make any copies of Our Content or transfer Our Content to any other device or any other person; or

 

14.3.3   otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display Our Content.

 

14.4      No Intellectual Property Rights in the Merchandise are transferred to you pursuant to these Terms and Conditions, unless expressly stated to you otherwise by a Supplier.

 

14.5      Without prejudice to the generality of Section 14.1, all trade marks, get-up, product names and company names, logos or titles used on the Site or the Services 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, and such use is strictly prohibited unless you have our prior written permission to do so.

 

15.       Privacy Protection

 

15.1      We will ensure that our policies and practice in relation to the collection, use, retention, transfer and assess of personal data comply with the requirements of Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong.  In using the Site or the Services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. Please refer to our Privacy Policy and Personal Information Collection Statement [https://www.three.com.hk/website/appmanager/three/home?_nfpb=true&_pageLabel=P200470391219567710594&lang=eng&pageid=zz6201].

 

16.        Software

 

16.1      Software (such as in the form of a mobile app) may be made available for you to download in order to help the Site or the Services work better. You may only use such software if you agree to be bound by the additional terms and conditions that apply to such software (this is sometimes known as an "end user licence agreement" or "EULA"). You will be made aware of any such terms and conditions that apply to the software when you try to download it or use the software for the first time. If you do not accept such terms and conditions, you will not be allowed to use the software. You should read any terms and conditions carefully to protect your own interests in respect of any such software if you so choose to use it. Please also note that using the software in an unlawful or prohibited way, such as reproducing or redistributing it in a way that breaches these Terms and Conditions or the software's terms and conditions is expressly prohibited and may result in civil and criminal penalties.

 

17.        General

 

17.1      Where in these terms representations and warranties are made to us and to Suppliers of Merchandise through the Site or the Services, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such Suppliers and that each such Supplier may rely upon and enforce such representations and warranties against you.

 

17.2      We reserve the right at any time without notice to revise the Site or the Services and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on the Site or the Services and by continuing to use the Site or the Services following any such change you will signify that you agree to be bound by the revised Terms and Conditions. This right includes the right to change any of the documentation which forms part of these Terms and Conditions.

 

17.3      We have made every effort to make clear whether the quoted prices for Merchandise available through the Site or the Services include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the Supplier or by operation of law that is in addition to the price.

 

17.5      We reserve the right at our sole discretion to deny your access to the Site or the Services (or any part thereof) without notice and to decline to provide our Services to any user that is in breach of these Terms and Conditions.

           

17.6      We will not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing our Services through the Site or the Services resulting from any event or circumstance beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial disputes, breakdowns of systems or network access, or flood, fire, explosion or accident.

 

17.7      If any section hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other section and such invalid section shall be deemed to be severed from these Terms and Conditions.

 

17.8      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.

 

17.9      You shall not assign or otherwise deal with your rights and obligations under these Terms and Conditions, whether in whole or in part without our written consent.

 

17.10    These Terms and Conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms and Conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these Terms and Conditions.

 

17.11    Save for Section 17.1 above, a person who is not a party to these Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of, or enjoy any benefit under these Terms and Conditions.

 

17.12    These Terms and Conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.

 

17.13    Please contact our customer service representative via 3iChat or mail at sales@three.com.hk for any complaints or comments related to these Terms and Conditions.

 

 

 

 

Terms and Conditions for Promotion Codes – TO BE ATTACHED TO INDIVIDUAL PROMOTIONS AND NOT TO THE 3MALL TERMS AND CONDITIONS GENERALLY

  

Promotion Codes

 

1. Capitalised terms used in these Terms and Conditions for Promotion Codes and not otherwise defined herein shall have the meanings assigned to them in the Terms and Conditions for 3Mall Online Purchase (accessible here: https://shop.three.com.hk/home/terms-and-conditions?___store=default), unless the context otherwise requires.



2. Promotion codes offered by us shall only be applicable for one-off purchase of Merchandise at the Site or the Services, subject to these Terms and Conditions for Promotion Codes. Unless explicitly specified otherwise, the Promotional Codes cannot be used for any other goods and services we offer. By using or attempting to use a promotion code, you agree to be bound by these Terms and Conditions for Promotional Codes, warrant to us that you will comply with these Terms and Conditions for Promotional Codes and that you will not use the Promotion Code in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful.



3. Each promotional code is a limited time offer, and we reserve the right to modify or cancel the offer at any time.



4. Each promotional code is good while supplies last, and is limited to one per customer and account.



5. Each promotional code may not be combined with other promotional codes or other discounts offered on the Site or the Services from time to time.



6. The promotional code may be specified to be only applicable subject to a minimum purchase requirement. If the promotional code is subject to such minimum purchase requirement, then any tax or duty or delivery fees do not apply when determining the minimum purchase amount. The promotional code also does not apply to any tax or duty or delivery fees applicable to any order.



7. The promotional code applies only to Merchandise purchased in a single order.



8. The promotional code is non-transferrable and may not be resold. We reserve the right to cancel and invalidate any promotional code which has been resold.



9. Promotion codes are not redeemable for cash. Any unused amounts will be forfeited.



10. Once you clicked the “Place Order” button on the checkout page, the coupon will be treated as “Used” in regardless of the payment is confirmed or not. You are not able to use the coupon anymore if it exceeds the maximum number of usage.



11. If you have used a promotion code for an order, and you do not receive your Merchandise because you did not collect your Merchandise or you did not comply with the terms and conditions imposed by a Supplier relating to the provision of delivery services (where delivery services are offered by a Supplier), any promotion codes used in that order shall be forfeited without any refund or compensation. Otherwise, your refund will equal the amount you paid for the Merchandise, subject to the Terms and Conditions.



12. If you violate any of these Terms and Conditions for Promotional Codes, the promotional code(s) to which your violation relates to shall no longer be valid for your use.

 

We reserve the right to amend and modify these Terms and Conditions for Promotional Codes at any time. Any changes to these Terms and Conditions for Promotional Codes will be posted on the Site or the Services and by continuing to use the Site or the Services following any such change you will signify that you agree to be bound by the revised Terms and Conditions for Promotional Codes. 

 

In case of any disputes, we reserve the right of final decision and interpretation. 

 

These Terms and Conditions for Promotional Codes form an integral part of the Terms and Conditions. 

 

Last Updated: May 2020

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IPR Infringement and Abuse Claims

We respect Intellectual Property Rights (as defined in our Terms and Conditions here https://shop.three.com.hk/home/terms-and-conditions?___store=default). If you suspect your Intellectual Property Rights are being infringed by one of our Suppliers or a customer, you should in the first instance notify that person directly, as they are responsible for responding to take-down requests. Nevertheless, we may forward your request to the alleged infringing party and respond to you with feedback or supporting documents, if any, from the alleged infringing party. If you wish us to do so, please provide us with the following information by email to sales@three.com.hk :

  • the name of the Merchandise or content on the Site or the Services (as such terms are defined in our Terms and Conditions) at issue;
  • whether the infringement relates to a copyright, trademark or patent;
  • the country or region where the Intellectual Property Rights are registered;
  • a description of your Intellectual Property Rights;
  • a description of how your Intellectual Property Rights have been infringed; and
  • documentary evidence proving ownership of your Intellectual Property Rights.

We require sufficient information in order to review and determine any proper response or action. Accordingly, if you do not provide us with all the required information, including the alleged violation of law or regulation for the applicable jurisdiction(s) and supporting document to substantiate the alleged unlawful activity, we reserve the right to not take any action and not contact you for further information.

We will not take any action if the Merchandise or content that is the subject of your complaint has been suspended during our investigation.