TERMS &
CONDITIONS

1  Services

 
  1. We are Tung Bao Tong Holding Limited (collectively "Tung Bao Tong", the "Company" or "we") and we own and operate this site. Our site facilitates a convenient way to shop online (“services”).
     

  2. By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
     

  3. We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
     

  4. The meaning of some words used in these terms and conditions:
     

    • “Customer”, “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
       

    • “Contract” means a contract entered into by you and Tung Bao Tong that comprises of (i) the Application Form; and (ii) these Terms & Conditions, (iii) the Privacy Policy and (iv) the Return Policy.
       

    • “Content” includes text, images, graphics, music, software, audio, video, information or other materials.
       

    • “merchandise” means the goods or services you ordered through our site, which you will pay for.
       

    • “Catalogue” means the catalogue on the Website listing the Products that are available for sale on the Website.
       

    • “Product Information” means the information including, but not limited to, the Products’ details, ingredients, the ways to use the said Product and/or any write up on the Products, as set out on the Website.
       

    • “Intellectual Property Rights” means all vested, contingent and future intellectual property rights including, but not limited to goodwill, reputation, rights in confidential information, copyright, trademarks, logos, service marks, devices, plans, models, diagrams, specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights, in each case whether registered or unregistered, and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world, whether now known or in the future created.
       

    • “services” has the meaning given in clause 1.1.
       

    • “site” means our website located at www.tungbaotong.com, and any associated sites linked to it.
       

    • “User” means any individual who accesses the Website, utilizes the Service and/or orders any Products on the Website.
       

    • “User’s Content” means Content posted, uploaded, published, submitted or otherwise made available by the User through the Website including, but not limited to information, suggestions, ideas, concepts, know-how, reviews, techniques, questions, comments, rating and testimonials, and the Contents therein.
       

    • “Confirmation of Order” means Tung Bao Tong’s acknowledgement of confirming receipt of the Customer’s Order, which may be by way of a message shown on the Website and/or a confirmation e-mail sent to the Customer’s specified e-mail address.
       

    • “Working Day” means any day excluding Saturday, Sunday or other public holidays on which licensed banks are generally open for business in Hong Kong throughout their normal business hour.

 

2  CHARGES AND PAYMENT

  1. Customer shall pay to Tung Bao Tong the Charges for the Products ordered on the Website. Once payment has been made, Charges are neither refundable nor exchangeable, except in accordance with this Terms & Conditions and/or the Return Policy. Customer agrees that once the Charges have been paid to Tung Bao Tong, title in the Charges shall wholly belong to Tung Bao Tong.
     

  2. The Customer shall pay the Charges by either PayPal, credit card or any other payment mechanism permitted by Tung Bao Tong, as described on the Website. The Customer hereby authorizes Tung Bao Tong to collect (whether directly or indirectly) such amounts by charging the Customer’s credit card (details of which were provided by the Customer), via a third party online payment processor or by one of the payment methods described on the Website. The Customer shall provide customary billing information such as name, billing address, contact number and credit card information to Tung Bao Tong or its third party online payment processor, where requested.
     

  3. If the Customer is directed to Tung Bao Tong’s third party payment processor, the Customer may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Tung Bao Tong shall not be responsible for any damage, loss or harm to the Customer resulting from the User’s use of that third party’s service. For the avoidance of doubt, the Customer agrees that any legal remedy or liability that the Customer seeks to obtain for actions or omissions of such third parties will be limited to a claim against the third parties who caused the Customer’s harm and the Customer agrees not to attempt to impose liability on, or seek any legal remedy from Tung Bao Tong with respect to such actions or omissions. Accordingly, the Customer shall be responsible for reviewing such third party’s terms and conditions and privacy policy before using the services of such third party.
     

  4. The Customer acknowledges and agrees that Tung Bao Tong cannot control any fees that may be charged to the Customer by its bank in relation to the payment of the Charges and the Customer shall be wholly responsible for the same.
     

  5. Tung Bao Tong may at any time review and revise the Charges at its sole discretion, and any new Charges so specified by Tung Bao Tong on the Website shall apply from such date as Tung Bao Tong may determine at its absolute discretion thereafter.
     

  6. Unless otherwise specified, all Charges are payable in Hong Kong Dollars (HKD).

 

3     ORDERS AND DELIVERY

  1. The Customer shall make an offer to purchase Products by submitting an Order on the Website, in such form or manner as may be specified on the Website. Tung Bao Tong acknowledges the Order by issuing the Confirmation of Order thereafter.
     

  2. The Customer acknowledges and agrees that the Order remains an offer to purchase and Tung Bao Tong shall not be obliged to supply the Products to the Customer until Tung Bao Tong has accepted the Order by dispatching the Order to the delivery address provided by the Customer.
     

  3. Prior to the issuance of the Confirmation of Order by Tung Bao Tong, Tung Bao Tong reserves the right not to process the Customer’s Order and the Customer reserves the right to cancel the said Order. For the avoidance of doubt, on the issuance of the Confirmation of Order by Tung Bao Tung, the Customer shall not be entitled to cancel or make amendments to the Order for which the Confirmation of Order.
     

  4. There may be instances where errors may occur, in which case Tung Bao Tong is under no obligation to fulfill the Order (even after the Confirmation of Order has been issued). If Tung Bao Tong discovers an error in the description or price of any Products which the Customer has ordered, Tung Bao Tong will inform the Customer of the error as soon as possible and give the Customer the option of reconfirming the Order at the correct description or price, or cancelling the Order. If Tung Bao Tong is unable to contact the Customer, Tung Bao Tong will treat the Order as cancelled. Where the Order is cancelled under this Clause and the Customer has already paid for the Order, the Customer will be entitled to a full refund of any sums paid by the User.
     

  5. Subsequent to the Confirmation of Order, Tung Bao Tong shall endeavor to deliver the purchased Products to the Customer at the place of delivery requested by the Customer in the Order.
     

  6.  Tung Bao Tong shall make every effort to fulfill orders placed by the Customer, but shall not be liable to any Customer if Tung Bao Tong shall decline to or become unable to fulfill an Order for whatever reason including, but not limited to supply shortage and supply modification.
     

  7. The Customer acknowledges and agrees that Tung Bao Tong shall not be liable to the Customer for any losses, liabilities, costs, damages, charges or expenses arising out of or in connection with any late delivery by Tung Bao Tong.
     

  8.  The Customer acknowledges and agrees that risk of loss or damage to the purchased Products passes to the User upon dispatch. The Customer acknowledges and agrees that title to the purchased Products passes to the Customer upon delivery.
     

  9. If delivery is delayed through the Customer’s unreasonable refusal to accept delivery, or if the User does not accept delivery (within fourteen (14) days after Tung Bao Tong’s first attempt to deliver the Product to the said Customer) or collect the Product from the relevant courier, or an incorrect address is provided by the Customer, Tung Bao Tong may (without prejudice to another other right or remedy under this Terms & Conditions of Users):
     

    • a)  Charge the Customer for Tung Bao Tong’s reasonable storage fees, re-delivery costs and/or other costs reasonably incurred by Tung Bao Tong in delivering the Products; and/or

    • b)  No longer make the purchased Product available for delivery and notify the Customer that the applicable contract is cancelled with immediate effect, in which case Tung Bao Tong will refund to the Customer the applicable Charges actually paid by the Customer (less any reasonable administrative fees or other costs as provided in Clause 3.9(a).

 

4     CANCELLATION

  1. Tung Bao Tong reserves the right to cancel the applicable Contract and Confirmation of Order if it discovers an error or the applicable Products in the Order are not available for any reason. In such event, Tung Bao Tong shall notify the Customer and return any Charges already made, in such form as determined by Tung Bao Tong.
     

  2. Prior to the shipping of the Order by Tung Bao Tong, the Customer may cancel the Order by contacting Tung Bao Tong’s customer service team at cs@tungbaotong.com or using the Contact Us form on the Website. Tung Bao Tong reserves the right to charge a cancellation fee and/or an administrative fee to process the said cancellation of the Order. The Customer acknowledges and agrees that once the Order has been dispatched by Tung Bao Tong, the Order may not be cancelled or amended by the User.

 

5     INTELLECTUAL PROPERTY RIGHTS AND WARRANTIES

  1. The User acknowledges that all Intellectual Property Rights in the software and technology comprised in the Service are retained exclusively by Tung Bao Tong and/or their rightful owner(s) and the User shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. The User shall not use in any way and shall not reproduce any trademarks that is associated with the Service, Tung Bao Tong or that the User has sight of when using the Service (collectively the “Trademarks”), without the prior written consent of Tung Bao Tong.
     

  2. The User hereby undertakes and agrees:
     

    • that Tung Bao Tong is the true and lawful owner of the Trademarks and all derivatives thereof;
       

    • not to use the Trademarks or any derivatives thereof or any other name or mark confusingly similar as the aforesaid;
       

    • that all rights, title, interest and any goodwill in the Trademarks or any derivatives thereof belong exclusively to Tung Bao Tong; and
       

    • not to register domain names associated with or including the Trademarks or any derivatives thereof or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof.
       

  3. Tung Bao Tong does not represent or warrant that the use or application of the Service by the User will not constitute an infringement or misuse of any Intellectual Property Rights.
     

  4. The User agrees to assume all risks arising out of or relating to its use of the Service. Notwithstanding anything that may be to the contrary, Tung Bao Tong makes no warranty that any information, software or any material made available by Tung Bao Tong via the Internet relating to the Service does not contain computer viruses and Tung Bao Tong accepts no responsibility or liability whatsoever relating to the aforesaid.
     

  5. The User agrees to be bound by and shall execute any end user licence agreements relating to any software or technology utilised in the Service that Tung Bao Tong may from time to time require the User to agree to and execute for the purpose of the provision of the Service, failing which the Service shall be discontinued or suspended at the discretion of Tung Bao Tong.
     

  6. The User agrees that Tung Bao Tong shall have no duty to attribute authorship of the User’s Content to the User, and shall not be obligated to enforce any form of attribution by third parties. Tung Bao Tong reserves the right to disclose, and the User hereby consents to such disclosures of, the User’s identity and personal data (i) for the purpose of attribution, and (ii) to any third party who claims material posted by the User violates their rights, including without limitation, their intellectual property and privacy rights.
     

  7. The User shall ensure, and warrants and represents to Tung Bao Tong that:
     

    •  

      all information, materials and User’s Content that the User publishes or uploads shall not be defamatory of any party; 
       

    •  

      the User’s Content do not infringe the rights of any party (including any Intellectual Property Rights of any third party throughout the world) 
       

    • it is the proprietor or authorized licensee of any and all Intellectual Property Rights (including copyright) in the User’s Content. The User further warrants that none of the Intellectual Property Rights in the User’s Content infringe the rights of any third party. In cases where the User is the licensee of any such Intellectual Property Rights in the User’s Content, the User warrants that it has a licence and has obtained the necessary consents to permit Tung Bao Tong to deal in and use the aforesaid Intellectual Property Rights in any way conceivable and for any purpose
       

    • the User is entitled to enter into the Contract, is able to perform its obligations under the Contract and to grant Tung Bao Tong the rights (including the licence under Clause 5.6) under the Contract;
       

    • the User has all the necessary consents, licences, permits and approval(s) from the relevant authorities, bodies, organisations or as required by applicable laws in order to perform its obligations under the Contract;
       

    • the User’s Content do not infringe any laws, rules and regulations of any territory, including Hong Kong;
       

    • the User’s Content will not cause Tung Bao Tong to infringe the rights of any person or to infringe any laws, rules and regulations of any including, including Hong Kong;
       

    • the User’s Content do not cause annoyance, embarrassment, distress, harassment, disturbance or nuisance of any kind whatsoever, or which is not in the public interest, or contain obscene, racially or ethnically objectionable material, or be offensive in any way.
       

  8. User undertakes:
     

    • not to send or submit any materials or information or otherwise use the Service for a purpose, which are prohibited by laws, rules and regulations in any territory, including Hong Kong;
       

    • not to cause Tung Bao Tong to do anything that would amount to a contravention of the laws, rules and regulations in any territory, including Hong Kong; and
       

    • that in using the Service, the User will not do anything that will be unlawful or that will infringe the Intellectual Property Rights of any third party.
       

  9. The User shall only have a limited, non-exclusive and revocable right for the duration of the Contract to access and view Content posted by Tung Bao Tong, for the User’s personal and non-commercial purpose, subject to these Terms & Conditions for Users including payment of Charges where required by Tung Bao Tong.
     

  10. The User shall not use, copy, modify, adapt, distribute, create derivative works from, license, sell, broadcast or otherwise exploit or deal in the Content posted by Tung Bao Tong, except as expressly permitted under these Terms & Conditions for Users.

 

6     CONFIDENTIALITY

  1. From time to time during the term of the Contract, Tung Bao Tong (the “Disclosing Party”) may, but is not obliged to, disclose information to the Customer (the “Receiving Party”) that is proprietary or confidential. The Receiving Party shall maintain in strict confidence all confidential or proprietary information of the Disclosing Party including, but not limited to designs, plans or any other information relating to any research project, work in process, future development, scientific, engineering, manufacturing, marketing or business plan or financial or personnel matter relating to the Disclosing Party, its present or future products, sales, suppliers, employees, investors or business, including prices and discounts (“Confidential Information”) identified by the Disclosing Party or where it ought reasonably to be known as Confidential Information, whether in oral, written, graphic or electronic form.
     

  2. The Receiving Party shall not use, disclose or grant the use of such Confidential Information to any third party except for the purposes of performing obligations to the Disclosing Party under the Contract. The Receiving Party shall ensure its employees, agents or consultants to whom disclosure is to be made on a need to know basis, hold the Confidential Information in strict confidence and not make any use of such information for any purpose other than those expressly permitted by the Contract. The Receiving Party shall use (and require that all employees, agents and consultants) at least use the same standard of care as the Receiving Party uses to protect its own Confidential Information of a similar nature from unauthorised use or disclosure, but in no event less than reasonable care. The Receiving Party shall promptly notify the Disclosing Party upon discovery of any unauthorised use or disclosure of the Confidential Information of the Disclosing Party.
     

  3.  The obligations contained in Clause 6.1 and 6.2 shall not apply if:
     

    • the Confidential Information was already known to the Receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the Disclosing Party;
       

    •  the Confidential Information was generally available to the public or otherwise part of the public domain at the time of its disclosure to the Receiving Party;
       

    • the Confidential Information became generally available to the public or otherwise part of the public domain after its disclosure and other than through an act or omission of the Receiving Party in breach of the Contract;
       

    • the Confidential Information was disclosed to the Receiving Party, other than under an obligation of confidentiality, by a third party who had no obligation to the Disclosing Party not to disclose such information to others; or
       

    • the disclosure or use is required by law, any regulatory body or the rules and regulations of a relevant recognized stock exchange.
       

  4. This Clause shall survive termination of the Contract.

 

7     LIMITATION OF LIABILITY

  1. The Customer acknowledges that (i) the Service presents the possibility of human and machine errors, omissions, delays, and losses, including the inadvertent loss of data; and (ii) the Products may contain manufacturing faults which are not attributable to Tung Bao Tong, which may give rise to loss or damage suffered by the Customer, and the Customer agrees that it shall not hold Tung Bao Tong liable in any way whatsoever for the said loss or damage.
     

  2. Tung Bao Tong makes no guarantee, representation or warranty whatsoever:
     

    • that the Service will be available on a continuous or 24 hours a day, 7 days a week basis;
       

    • that the Website will be available on a continuous or 24 hours a day, 7 days a week basis for access; and/or
       

    • of the effect or benefits that can be derived by the Customer from using the Service or from using the Products.
       

  3. The Customer acknowledges that Tung Bao Tong’s systems, servers and equipment, or such other third party systems, services and equipment, used to operate the Website, may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes whatsoever. Tung Bao Tong may schedule downtime for the Website for maintenance purposes without giving notice thereof. Tung Bao Tong shall not be liable for any loss, damage, claims, costs or expense of any kind arising from any such downtime, or from any unavailability or inoperability of any telecommunications systems or internet, technical malfunction, error, omission, interruption, delay in operation or transmission, computer error or viruses, any failure in communication lines or telecommunications networks, or any corruption or loss of data or other disruption of any kind.
     

  4. Subject to this clause and to the other clauses of these Terms & Conditions for Users, Tung Bao Tong warrants that, as at the time of delivery, the purchased Products will be of merchantable quality, fit for any purpose made known the Customer at the time the Order is placed
     

  5. The Customer acknowledges and agrees that the Service and Products are provided on an “as is” and “as available” basis, with all faults, and Tung Bao Tong disclaims all warranties and makes no warranty of any kind, whether express or implied (statutory or otherwise), including but not limited to warranties on the ownership of Intellectual Property Rights and implied warranties of merchantability, sufficiency, quality and fitness for a particular purpose. Tung Bao Tong does not warrant that the Service will be uninterrupted or error-free.
     

  6. To the extent permitted by law, Tung Bao Tong shall not be liable to the User in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by the User in connection with the Service or Products, or any transaction relating thereto, whether during or after the term of the provision of the Service or Products. For the purposes of these Terms & Conditions for Users, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
     

  7. Where Tung Bao Tong’s liability is not expressly excluded under these Terms & Conditions for Users or under any applicable law, Tung Bao Tong’s liability for damages to the User in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with the Service or Products, any transaction relating thereto or the Contract shall be up to a maximum aggregate amount of the Charges actually received by Tung Bao Tong from that User.
     

  8. Nothing in these Terms & Condition for Users in any way excludes or restricts a Party’s liability for death or personal injury resulting from the negligence, fraudulent misrepresentation and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the applicable law.
     

  9. For the purposes of this Clause 7, all references to Tung Bao Tong shall also include its respective officers, employees, affiliates, sub-contractors and agents.

 

8     INDEMNITY

  1. Notwithstanding anything that may be to the contrary, the User undertakes to indemnify and at all times hereafter to keep each of Tung Bao Tong and its related corporations (together with their respective officers, employees and agents) (the “Affected Party”) indemnified against any and all losses, damages, actions, proceedings (whether such proceedings have been brought or are threatened to be brought), costs, claims, demands, liabilities (including full legal costs on an indemnity basis) which may be suffered or incurred by the Affected Party or asserted against the Affected Party by any person whatsoever, in respect of any matter or event whatsoever arising out of, in the course of, by reason of or in respect of:
     

    • the User’s Content or any part thereof (including but not limited to any use or dealing by Tung Bao Tong or its related corporations, its agents or sub-contractors, of the User’s Content);
       

    • the performance of the Service;
       

    • a breach by the User of any of the provisions in the Contract (including these Terms & Conditions for Users), including but not limited to a breach of any of the warranties or undertakings in Clause 5;
       

    • any act or omission of the User or its agents or sub-contractors; and
       

    • the User’s Content, or any part thereof, infringing the Intellectual Property Rights or other rights of, or any claim that the User’s Content, or any part thereof, infringe, the Intellectual Property Rights of, any party, in any part of the world.
       

  2. For the purposes of this Clause, “claim” shall mean all demands, claims and liability (whether criminal or civil, in contract or tort or otherwise).

9     FORCE MAJEURE

 
  1. Force Majeure means anything or any event outside the reasonable control of a Party (other than in respect of payment obligations), including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage or failure, server crashes, severance of the Internet submarine transmission cable under the sea that prevents or impedes the transmission of User submissions and data, emergency maintenance on the Service that is necessary to protect the Service in response to actual or reasonably anticipated acts or threats of terrorism (including internet terrorism involving but not limited to the release of new internet viruses and worms that are not in existence at the date of the Contract), deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, including without limitation where a Party ceases to be entitled to access the Internet or ceases to have access to the Internet for whatever reason, any act or omission including laws, regulations, disapproval’s or failures to approve of the Government of the Hong Kong Special Administrative Region or of any of its government agencies. 
     

  2. If a Party is wholly or partially precluded from complying with its obligations under the Contract by a Force Majeure event, then that Party’s obligation to perform in accordance with the Contract will be suspended for the duration of the Force Majeure event and that Party shall not be liable in any way whatsoever for its failure to perform for the duration of the Force Majeure event.
     

  3. If the Force Majeure event continues for a period in excess of thirty (30) continuous days, then the Party whose performance is not prevented by such Force Majeure event shall be entitled at its sole discretion to terminate the Contract forthwith on notice in writing.
     

  4. Except as otherwise expressly set out herein, termination of the Contract as aforesaid shall be without prejudice to the rights or liabilities of the Parties that have accrued prior to the date of termination.

 

10   TERMINATION

  1. Either Party (“Terminating Party”) may terminate the Contract by providing written notice to the other Party where the other Party breaches any of the terms and conditions of these Terms & Conditions for Users (or the Contract) and the Terminating Party has given fourteen (14) days’ written notice of such breach and the other Party has failed to rectify such breach within that period.
     

  2. Tung Bao Tong may terminate the Contract and cancel the User’s account immediately where:
     

    • Tung Bao Tong is of the opinion that the Service has been used by the User in any manner unacceptable to Tung Bao Tong, and where Tung Bao Tong has given fourteen (14) days’ written notice of such breach to the User and the User has failed to rectify such breach within that time;
       

    • the User has outstanding Charges or any other monies due and payable to Tung Bao Tong, if any, which remain unpaid, and where Tung Bao Tong has given fourteen (14) days’ written notice of such breach to the User and the User has failed to rectify such breach within that time;
       

    • Tung Bao Tong is unable to provide the Service due to lack of reasonable operating capacity;
       

    • the User has been adjudged bankrupt or if a receiving order has been made against it, or if the User is insolvent or is in liquidation (whether voluntary or compulsory) or if the User has made compositions or arrangements with, or assignment for the benefit of its creditors;
       

    • the User, in the case of a corporation, has a winding-up petition presented against it, or has a receiver or a provisional liquidator or a liquidator appointed;
       

    • the User, in the case of a corporation, has in Tung Bao Tong 's reasonable opinion, ceased to carry on business;
       

    • the continued operation of the Service would in the opinion of Tung Bao Tong (at its absolute discretion) be unlawful to Tung Bao Tong;
       

    • in Tung Bao Tong’s reasonable opinion, the User attempted to use, is likely to use or has used the Service (whether with or without the authorization and/or permission of Tung Bao Tong) in contravention of any law; or
       

    • any material information provided or representation made by the User to Tung Bao Tong is untrue, misleading or inaccurate or has an adverse material impact on Tung Bao Tong in relation to its provision of the Service.
       

  3. In the event that any governmental or regulatory authorities direct or instruct or give guidance that Tung Bao Tong should cease the Service, or the Service would cause Tung Bao Tong to be in breach of any laws or regulatory requirements or guidance to which it is subject, Tung Bao Tong shall be entitled to immediately terminate the Contract without entitling the User to receive any compensation in respect of such termination.
     

  4. Tung Bao Tong reserves the right to immediately suspend the Service and/or terminate the Contract if Tung Bao Tong is unable to provide the Service or is unable to continue providing the Service due to a termination of the underlying licence or agreement permitting Tung Bao Tong to use the software or system through which the Service is to be provided. Tung Bao Tong shall not be liable to the User whatsoever and the User shall not be entitled to receive any compensation from Tung Bao Tong, arising from such immediate termination.
     

  5. Regardless of termination of the Contract for any reason, the User shall remain obligated to pay Tung Bao Tong all Charges and any other sums that have accrued or are otherwise owed by the User to Tung Bao Tong up to the date of termination, if any.
     

  6. In the event of termination of the Contract due to any cause the User acknowledges that Tung Bao Tong will upon termination of the Contract immediately cease providing the Service to that User and Tung Bao Tong may at its absolute discretion delete all of the User’s Content.
     

  7. Unless otherwise expressly stated, any termination by either Party of the Contract shall be without prejudice to any other rights or liabilities of either Party accrued prior to and including the date of termination.
     

  8. Any termination or suspension of the Service by Tung Bao Tong for whatever reasons shall not entitle the User to receive any compensation in respect of the termination. For the avoidance of doubt, notwithstanding termination of the Contract for any reason whatsoever (including where it is terminated by the User), Charges paid are not refundable to the User and the Charges shall be wholly retained by Tung Bao Tong for Tung Bao Tong’s absolute disposal and use, subject to the Return Policy.
     

  9. Any termination of the Contract (howsoever occasioned) shall not affect the coming into force or the continuance in force of any clause hereof which is expressly or by implication intended to come into or continue in force on or after such termination. Without limiting the generality of the foregoing, Clauses 5, 6, 7, 8, 10.3 to 10.9 of these Terms& Conditions for Users shall survive termination of the Contract.

 

11   MODIFICATIONS AND AMENDMENTS

  1. Tung Bao Tong reserves the right to amend or supplement these Terms & Conditions for Users from time-to-time, and the User shall be bound to observe and comply with any such amendments or supplements to these Terms & Conditions for Users upon their publication by Tung Bao Tong (whether by posting on the Website or otherwise).
     

  2. Tung Bao Tong reserves the right, at its absolute sole discretion, to modify the Website and/or Service, including the Charges, at any time and without prior notice.
     

  3. The User acknowledges and agrees that any continued access and utilization of the Website or Service after any such amendments or modifications shall be deemed to be an agreement by the User to be bound by the modified terms.

 

12   MISCELLANEOUS

  1. The waiver by a Party of a breach or default of any of the provisions of the Contract by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of a Party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other Party. A waiver has to be in writing to be effective.
     

  2. The Contract shall be binding upon and enure for the benefit of the successors in title of the Parties hereto.
     

  3. The User shall not assign, transfer, charge or otherwise deal with the Contract or any obligation under the Contract, without the prior written consent of Tung Bao Tong.
     

  4. Tung Bao Tong has the right to assign or transfer all or part of its rights, benefits and/or obligations under the Contract.
     

  5. Tung Bao Tong has the right to enter into any sub-contract for the performance of any of its obligations under the Contract without prior consent of the User.
     

  6. The relationship of the Parties shall be solely that of independent contractors. Nothing in the Contract shall be deemed to constitute, create or give effect to or otherwise recognize a joint venture, partnership or formal business entity of any kind, and the rights and obligations of the Parties shall be limited to those expressly set forth herein. Nothing herein contained shall be construed as authorizing either Party to act as an agent or representative of the other Party.
     

  7. The Contract (as may be amended from time to time pursuant to the terms hereof) shall constitute the entire understanding between the Parties hereto concerning the provision of the Service and supersedes and replaces any prior agreements and negotiations related to the subject matter herein.
     

  8. Notwithstanding the fact that the Contracts (Rights of Third Parties) Ordinance (Cap. 623) was enacted in the year of 2016, these Terms & Conditions for Users are personal to and are made solely for the benefit of the Parties and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever.
     

  9. Each clause of the Contract and this Terms& Conditions for Users shall be enforceable independently of each other and the validity of each clause shall not be affected if any of the others are determined to be invalid. If any part of any clause of these Terms & Conditions for Users is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining part of the relevant clause shall not be affected and, in lieu of such illegal, invalid or unenforceable provision, there shall be added as part of the Terms & Conditions for Users one or more clauses as similar in terms as may be legal, valid and enforceable under the applicable law.
     

  10. In the event of any discrepancy in any translation of this text, the English version shall prevail.

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