Terms and Conditions
Terms and Conditions of Sale (“Terms of Sale”)
Pricing. All prices are shown in Hong Kong dollars; mailing, handling and other charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Goods without notice, even if you have already placed your order. All prices are subject to change without notice.
Unavailability of Goods. HKMM will make reasonable efforts to ensure that the information about Goods displayed on its Website are accurate; however, there may be times when you place an order that certain Goods will be out of stock. We will not always know in advance that Goods are unavailable. Note that some items may be unavailable even if the Website indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item.
Errors. We attempt to be as accurate as possible and eliminate errors on the Website; however, we do not warrant or guarantee that there will be no errors, nor do we warrant or guarantee that any Goods, product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. None of the material found on our Website is to be relied upon as a statement or representation in relation to the Goods. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering Goods or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Payment Terms. Only valid debit or credit cards or other payment methods acceptable to HKMM may be used and all refunds will be credited to the same card or, at our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated debit or credit card or other payment method and authorize us to charge your order (including mailing/shipping, handling and any other amounts described on the Website and in these Terms of Sale) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
Mailing and Handling. When we mail to you per the address you provide, you agree to pay the postage fee and any handling charges shown on the Website when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Generally, mailing is by standard ground delivery. Any mailing or handling charges may or may not reflect actual costs.
Telephone Communications. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for non-marketing communications, via text message or telephone, including the use of pre-recorded or auto-dialed calls, using that number.
All content, except for User Content (defined below), displayed on or through the Website including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, blogs, forums, product descriptions, data sheets, FAQs, videos, logos, trademarks, sounds, music, artwork and computer code (collectively “Content”), including the arrangement of such Content, is owned, controlled or licensed by or to HKMM, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
3. User Content and Reviews
Unless otherwise provided by applicable laws and regulations, any questions, comments, reviews, or other information submitted to HKMM through the Website by any means (including, but not limited to, any public area or through the “contact us” section) shall be deemed non-confidential and HKMM shall be free to use, reproduce, disclose and distribute in any manner without limitation.
By posting or transmitting messages, text, files, images, photos, video, sounds, or other materials to any public area of the Website (collectively “User Content”), you agree to all of the following terms:
a.You hereby grant to HKMM an irrevocable, royalty-free, fully paid, perpetual, worldwide license to use, copy, perform, display, prepare derivative works of and otherwise distribute the User Content, to sublicense the foregoing and you hereby grant all rights necessary to prohibit any subsequent publication, copying, reproduction or exploitation of the User Content by any party for any purpose whatsoever. HKMM may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote HKMM and the Website.
b.You promise that: you own all rights to your User Content or, alternatively, that you have the right to give HKMM the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.
c.You shall not take any action or post anything that may expose HKMM or other users to any harm or liability of any type. You are solely responsible for the User Content you post and your interactions with other users. You shall not post content, or a link to a website, that is illegal, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You shall not post personal or confidential information. You shall not collect or solicit personal information.
d.You shall not post any advertising, solicitation or commercial content whatsoever on the Website. You shall not post nor use the Website to send any content that involves the transmission of "junk email", "chain letters", or unsolicited mass mailing or "spamming".
HKMM may not prescreen the User Content. HKMM does not guarantee this Website will be free from content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. HKMM reserves the right to monitor, edit, remove, or refuse to post or publish any User Content at its own discretion at any time and for any reason. Even in the event HKMM chooses to monitor the User Content, HKMM shall not assume any liability for the User Content. You agree that you must bear all risks associated with the use of any User Content and that under no circumstances will HKMM be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content. HKMM is merely acting as a passive channel for such distribution of the User Content and is not undertaking any obligation or liability relating to any User Content.
4. Use of the Website
5. Register a HKMM Account
You may only register a HKMM account (“Account”) on the Website if you are 18 years of age or older. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to register an Account. By registering an Account, you represent and warrant you have the right and are authorized to provide the information you provide while registering. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and login credentials and for all activities that occur on or through your Account, and you agree to immediately notify HKMM of any security breach of your Account or login credentials. HKMM shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with and as you use your Account and you agree to update your Account information to keep it accurate and complete. You agree that HKMM may store and use the information and data you provide during the registration of your Account for use in maintaining your Account. Do not use or attempt to use another person's Account, user name or password.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. Copyright Infringement
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing, by email or mail, if you believe that a user of the Website has infringed your intellectual property rights.
To be effective the notification should include:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit HKMM to locate the material on the Website;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending us a written communication by email or mail. That written communication should include the following:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your Account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Certain parts of the Website may contain confidential information. A valid user name and password are required to access these areas. Access by unauthorized persons, and unauthorized use or disclosure of HKMM confidential information, may be a violation of HKMM's rights and is strictly prohibited. By accessing HKMM confidential information, you agree to keep this information confidential. If you are authorized to access such areas of the Website, you also agree to treat this confidential information with a degree of care which is of at least as high a degree as that which you apply to your most confidential information, but in no event less than a reasonable degree of care, and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.
9. Third Party Websites
10. Third Party Content and Interactions
The Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of HKMM, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Website are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that HKMM is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Website, or between users and any third party, you understand and agree that HKMM is under no obligation to become involved. In the event that you have a dispute with any other user of the Website, you hereby release HKMM, and its officers, directors, shareholders, employees, agents, and successors (“Released Parties”) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Website.
11. Warranty Disclaimer
You agree that use of the website is entirely at your own risk. The website is provided on an "as is" and "as available" basis, without any warranties of any kind. all warranties, express and implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the released parties disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the website. To the fullest extent permitted by law, the released parties disclaim any warranties for other services or goods received through the website or any links on the website. To the fullest extent permitted by law, the released parties disclaim any warranties for viruses or other harmful components in connection with the website.
The released parties will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the website; (c) any unauthorized access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the website; (e) any computer viruses or malicious code that may be transmitted on or through the website; or (f) any loss or damage of any kind incurred as a result of the use of any functionality or content posted, emailed, transmitted, or otherwise made available on or through the website.
The released parties do not warrant, endorse, guarantee, or assume responsibility for any third party product or service recommended, advertised, or offered on or through the website or any linked website.
12. Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances shall the released parties be liable for direct, indirect, incidental, special, consequential, punitive or exemplary damages (even if HKMM has been advised of the possibility of such damages), resulting from any aspect of your use of the website, whether the damages arise from use or misuse of the website, from inability to use the website, or the interruption, suspension, modification, alteration, or termination of the website. Such limitation shall also apply with respect to damages incurred arising out of or in connection with other services or products received through the website or any links on the website, and with respect to damages in connection with information received through the website or any links on the website. These limitations shall apply to the fullest extent permitted by law.
13. Indemnity of HKMM
14. Applicable Law
These terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region.
Any dispute or claim arising out of or in connection with these terms shall be subject to the jurisdiction of the courts of the Hong Kong Special Administrative Region.
15. Arbitration Agreement and Waiver of Certain Rights
16. Other Provisions
18. Personal Data Collection Statement
HKMM collects and uses your personal data in accordance with the Personal Data (Privacy) Ordinance.
Your personal data is collected for the purposes of:
1. Processing, administering and communicating with you regarding any donations made by you to HKMM, or applications for membership, or participation of museum’s events and activities;
2. Liaising with you in response to any queries or complaints made by you or in relation to your donations or participation of museum’s events and activities;
3. Promoting museum’s campaigns, activities and making fundraising appeals through different communication channels such as direct mailing, email, facsimile, telephone and other social media platforms;
b. Data Transfer and Disclosure
HKMM shall only transfer and disclose your personal data to service providers (within or outside Hong Kong) of HKMM for disseminating marketing materials described in paragraph 3 above on behalf of HKMM only, and to provide back-end, administrative, communication, or IT services to HKMM (including but not limited to payment gateways for credit card processing and research companies for surveys). HKMM shall not provide your personal data to any third party for the purposes of enabling that third party to market its own products or services to you.
If you do not wish to receive any promotional and marketing materials from HKMM in the future, you can give us a written request, either by post or by email.
c. Access and Correction of Data
You may request access to or correction of your personal data held by HKMM by contacting the Executive Officer.