Sales terms & conditions

TERMS AND CONDITIONS FOR ONLINE SALE OF PRODUCTS

  1. These terms
    1. These are the terms and conditions on which we supply Websites, Mobile Applications and the Gravity Board software, sold under the MyRestaurant, MyBeauty, MyMassage and MyStore brands (“Products”) to you through our website, software and applications provided by us (collectively, our “Platform”).
    2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
    3. By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
  2. Information about us and how to contact us
    1. We are Discodery Ltd, a company registered in Hong Kong SAR, trading as Discodery. Our company registration number is 2605653 and our registered office is at 26/F, The Beautiful Group Tower, 77 Connaught Road Central, Central, Hong Kong.
    2. For any questions or problems relating to our Platform, our Products or these terms, you can contact us by telephoning our customer service team at – or email us at contact@discodery.com or write to us at 26/F, The Beautiful Group Tower, 77 Connaught Road Central, Central, Hong Kong.
    3. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
    4. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    1. You may place orders with us as instructed on our Platform. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. If we are unable to accept your order, we will let you know in writing and will not charge you for the Product ordered. This might be because:
      1. the Product ordered is out of stock;
      2. there are unexpected limits on our resources which we could not reasonably plan for;
      3. we have identified an error in the price or description of the Product; or
      4. we are unable to meet a delivery deadline you have specified.
    3. We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
    4. Our Platform is solely for the promotion of our Products in Hong Kong.
  4. Your rights to make changes
    1. If you wish to make a change to the Product you have ordered, please contact us. We have full discretion whether or not to accept the changes. We will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7 – Your rights to end the contract).
  5. Changes to our product or these terms
    1. We may make minor changes to the Product from time to time in order to:
      1. reflect changes in relevant laws and regulatory requirements; and
      2. implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
    2. If we make significant changes to these terms or the Product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
  6. Providing the products
    1. We will provide the Products at such time or during such period as set out in our confirmation email.
    2. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    3. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 8.2 will apply.
    4. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our Platform. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    5. We may have to suspend the supply of a Product to:
      1. deal with technical problems or make minor technical changes;
      2. update the Product to reflect changes in relevant laws and regulatory requirements; or
      3. make changes to the Product as requested by you or notified by us to you (see Clause 5).
    6. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three (3) months and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
    7. If you do not pay us for the Products when you are supposed to (see Clause 10.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see Clause 10.5). We will not charge you for the Products during the period for which they are suspended.
  7. Your rights to end the contract
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If what you have bought is faulty or misdescribed you may have a right to end the contract or to get the Product re-performed or to get some or all of your money back, see Clause 9;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
      3. In all other cases, see Clause 7.4 and Clause 7.5.
    2. If you are ending a contract for a reason set out below the contract will end immediately, we will refund you in full for any Products which have not been provided and you may also be entitled to compensation:
      1. we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 5.2);
      2. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
      4. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three (3) months.
    3. Even if we are not at fault, you can still end the contract before it is completed (i.e. when we have finished providing the services and you have paid for them) by giving us notice in writing, provided that you will pay us reasonable compensation for the net costs we will incur as a result of your ending the contract. In such case, the contract will end immediately. We will refund any advance payment you have made for Products which will not be provided to you.
    4. To end the contract with us, please fill in our online return form or post a printed return form to us, or email our customer services at contact@discodery.com.
    5. If you end the contract with us, we will refund you the price you paid for the Products, but we may deduct from the refund the price for the part of services already provided (up to the time you inform us that you are ending the contract with us) in proportion to the full price of the services.
    6. We will make any refunds due to you as soon as possible.
  8. Our rights to end the contract
    1. We may end the contract for a Product at any time by writing to you if:
      1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, Business name, business address, contact information, email address and all information indicated as mandatory in the purchase process;
      2. you do not, within a reasonable time, allow us access to your premises to supply the services; or
      3. you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due.
    2. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least fourteen (14) days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
  9. Product defects
    1. We warrant that on delivery, the Products will be:
    2. provided in accordance with the specifications or requirements set out in our Platform or in our confirmation email; and
    3. performed with reasonable care, skill and ability in line with the common practices and standards in the relevant industry or trade.
    4. Any warranty given by us under this clause does not apply to any defect in the Products arising from us following any of your specification or requests.
    5. If you become aware of any defect in all or part of the Products performed, you must give notice in writing to us as soon as practicable.
    6. Where the Products reported under Clause 9.3 are found to be defective we will, at our option, re-perform the services or refund the price of such defective Products in full. We have no further liability to you for defective Products upon re-performance or refund of the defective Products.
    7. If you have any questions or complaints about any Product, please call customer services on – or email us at contact@discodery.com.
  10. Price and payment
    1. The price of the Product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 10.2 for what happens if we discover an error in the price of the Product you order.
    2. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the correct price for the Product at your order date is less than the price stated to you, we will charge the lower amount; but if it’s higher than the price stated to you, we will contact you for your instructions before we accept your order.
    3. We accept payment by bank transfer, online payment methods and major credit and debit cards.
    4. You must make an advance payment of one hundred per cent (100%) of the price of the Products before we start providing them. We will invoice you for the balance of the price upon completion. Each invoice must be paid within seven (7) calendar days from the date of its issue.
    5. If you think an invoice is wrong please contact us promptly to let us know.
  11. Our responsibility for loss or damage suffered by you
    1. Subject to clause 11.2:
      1. all other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
      2. we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
      3. our total liability to you for all losses arising from or in connection with the provision of the Products shall be limited to the total sums received by us for the Products.
    2. Nothing in these terms will limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
      2. fraud or fraudulent misrepresentation; or
      3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
  12. Use of your personal information
    1. We will use the personal information you provide to us:
      1. to supply the Products to you;
      2. to process your payment for the Products; and
      3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
    2. We will only give your personal information to third parties where the law either requires or allows us to do so.
  13. Entire agreement
    1. These terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to your purchase.
    2. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
  14. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. This contract is between you and us. Nobody else has any rights under this contract. No other person shall have any rights to enforce any of its term.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
  15. Governing law and jurisdiction
    1. These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
    2. The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.

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