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Terms and Conditions
If you
intend to browse in the Oliver’s The Delicatessen, please read these Terms and
Conditions carefully before using the site. By using the site or any part of
it, you agree that you have read these Terms and Conditions and that you accept
and agree to be bound by them.
1. GENERAL
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1.1
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In
these Terms and Conditions the following definitions shall apply:
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a.
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"Intellectual
Property" shall mean all intellectual property rights of whatsoever
nature, including (without limitation) patents, designs, trademark,
database or copyright, whether or not registered or registrable by any
means, and the right to file an application for registration thereof.
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b.
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"Legal
Notice and Disclaimer" shall mean the legal notice and disclaimer
applicable to the Oliver’s The Delicatessen website.
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c.
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"Personal
Data & Privacy Statement" shall mean Oliver’s The Delicatessen policy
regarding personal data collected in connection with this site and Oliver’s
The Delicatessen policy regarding the privacy of Customers and visitors to
the site.
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1.2
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These
Terms and Conditions include Legal Notice and Disclaimer and Personal Data
& Privacy Statement and shall prevail over any other document including
any Oliver’s The Delicatessen store policy purporting to have a contractual
effect.
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1.3
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The
Customer agrees to provide the complete and updated information for
registration on this site.
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1.4
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Oliver’s
The Delicatessen has the absolute discretion to refuse registration of a
potential Customer and to terminate the registration of any Customer for any
reason whatsoever.
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2. VARIATION OF TERMS AND CONDITIONS
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2.1
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Oliver’s
The Delicatessen reserves the right to amend these Terms and Conditions in
its sole discretion. Customer is reminded to review the Terms and Conditions.
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3. PREVALING LANGUAGE
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3.1
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In the
event of any discrepancy in the translation of this text, the English version
shall prevail.
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4. APPLICABLE LAW
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4.1
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These
Terms and Conditions shall be governed by the laws of the Hong Kong Special
Administrative Region and the Customer and Oliver’s The Delicatessen agree to
submit to the jurisdiction of the Hong Kong courts.
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Disclaimer
A. INTELLECTUAL PROPERTY RIGHTS
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A.1
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This
site and any information available on it including, but not limited to, text,
graphics, icons, images and trade marks, are protected by copyright, design,
trade mark and other intellectual property rights owned or controlled by Oliver’s
The Delicatessen or by third parties. You may not copy, reproduce, republish,
upload, download, post, transmit, store in retrieval system, modify, alter or
display in public or distribute in any way the contents or any part of this
site for any purpose without Oliver’s The Delicatessen prior written
permission except that you may download materials displayed on the site for non-commercial,
home personal use only as long as you keep all copyright, trade mark and
other proprietary notices intact.
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A.2
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All
right, title and interest in the Intellectual Property in this site shall at
all times remain the property of Oliver’s The Delicatessen and other third
parties. Customers and on-line visitors are not authorized to use the same
unless an express written permission of Oliver’s The Delicatessen or such
other third parties has been obtained.
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B. WARRANTIES
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B.1
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To the
extent permitted by law, all warranties, descriptions, representations or
advice given as to the fitness or suitability for any purpose, tolerance to
any conditions, similarity to sample, merchantability or otherwise of the
Products supplied, are expressly excluded.
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B.2
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No
agent or representative of Oliver’s The Delicatessen is authorised to make
any warranties, representations or statements regarding any information on
this site and Oliver’s The Delicatessen shall not in any way be bound by any
such unauthorised warranties, representations or statements.
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C. LIMITATION OF LIABILITY
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C.1
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By
accessing and using this site you acknowledge and accept that the use of the
site is at your own risk. Oliver’s The Delicatessen shall not be liable for
any direct, indirect, incidental, consequential or punitive damage or for
damages for loss of profit or revenue arising out of any use of, access to,
or inability to use the site. Without limiting the foregoing:
THIS
SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE,
QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT.
OLIVER’S
THE DELICATESSEN HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR
OMISSIONS IN THE CONTENTS OF THE SITE.
OLIVER’S
THE DELICATESSEN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE
EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF
OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION,
SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR
COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY
OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE
OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT,
IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.
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C.2
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The
liability of Oliver’s The Delicatessen whether in contract, tort or otherwise
for any loss, damage or injury arising directly or indirectly from any defect
in or non-compliance of the Products or any other breach of Oliver’s The
Delicatessen obligations hereunder shall not in any event exceed an amount
equivalent to the price of the Products.
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C.3
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Oliver’s
The Delicatessen shall not be liable for any consequential, indirect or
special damage or loss of any kind whatsoever nor shall Oliver’s The
Delicatessen be liable for any damage or loss caused by the Customer's
servants, agents, buyers or other persons whatsoever.
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C.4
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The
Customer shall ensure that the Products are not used for any purpose for
which they are not suitable and shall be responsible for using all necessary
skill and care in handling and using the Products. The Customer expressly
acknowledges and agrees that Oliver’s The Delicatessen assumes no obligation
or liability for any advice or information given with the Products and Oliver’s
The Delicatessen shall not be responsible for any inaccuracy or misstatement
of any such information. The Products shall be accepted by the Customer
entirely at the Customer's risk.
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D. LINKS
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D.1
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The
site may contain links to other sites and pages which are not maintained or
controlled by Oliver’s The Delicatessen and for which Oliver’s The
Delicatessen is not responsible. When you activate any of these links or
pages you leave this site and access to such a site or page at your own risk
for which Oliver’s The Delicatessen disclaims all responsibility and
liability.
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D.2
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Oliver’s
The Delicatessen disclaims all liability to information or materials posted
by advertisers or sponsors on this site.
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E. TERRITORY
The
materials on this site are directed solely at persons accessing the site from
the Special Administrative Region of Hong Kong. Oliver’s The Delicatessen makes
no representation that any product or service referred to on this site is
available, or appropriate for use for any other location.
F. CHANGES
Oliver’s
The Delicatessen reserves the right but undertakes no duty to review edit or
otherwise change this site and any information contained on this site including
the Oliver’s The Delicatessen Online Shopping Terms and Conditions at its sole
discretion and without notice.
Privacy and Security
Oliver’s
The Delicatessen respects the privacy rights of visitors to this site.
Oliver’s The Delicatessen personal data & privacy policy is formulated in
accordance with the Personal Data (Privacy) Ordinance (Cap. 486).
PURPOSE OF COLLECTION OF PERSONAL DATA
A. PERSONAL DATA AND PRIVACY ORDINANCE
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A.1
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The
Customer authorises Oliver’s The Delicatessen to collect, retain and use
personal information about the Customer for the following purposes:
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a.
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sending
the Customer any advertising and/or promotional material;
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b.
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conducting
research on new services for Customers;
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c.
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customising
pages for Customers and putting together Customer shopping lists;
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d.
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notifying
Customers of special offers or new Products, updates to this site,
promotions;
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e.
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performing
statistical and analysis of Customers' behaviour and characteristics in
order to measure interest in and use of the various areas of the site and
providing this information to advertisers together with information as to
the number of users that have been exposed to or clicked on their banners;
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f.
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making
such disclosures as may in Oliver’s The Delicatessen opinion be required
for any of the above purposes.
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A.2
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The
Customer further authorises Oliver’s The Delicatessen to collect personal
information about the Customer from the Customer or any other source
available to Oliver’s The Delicatessen including but not limited to credit
referral agencies, the Customer's bank (present and past), any other
suppliers of products and services to the Customer and other persons or
companies with whom the Customer will have been associated.
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A.3
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The
Customer is aware that in the event that sufficient personal information is
not supplied, or is not satisfactory to Oliver’s The Delicatessen then
his/her application for registration to Oliver’s The Delicatessen may not be
accepted.
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A.4
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The
Customer is aware that any personal information supplied by the Customer will
be retained by Oliver’s The Delicatessen and will be accessible to Oliver’s
The Delicatessen employees and other persons or bodies corporate engaged by Oliver’s
The Delicatessen for or in relation to any of the purposes stated in A.1
herein, or to third parties as stated in the Personal Data & Privacy
Statement and the Customer authorises Oliver’s The Delicatessen to disclose
all or any part of any personal information provided by the Customer to such
third parties.
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A.5
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The
Customer acknowledges that Oliver’s The Delicatessen shall retain all
personal information supplied by the Customer and may continue to contact the
Customer with marketing information even after the Customer's registration is
cancelled or withdrawn.
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B. CONFIDENTIALITY
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B.1
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Personal
data held by Oliver’s The Delicatessen relating to its online customers or to
visitors to the site will be kept confidential but Oliver’s The Delicatessen may
provide this information to third parties including but not limited to Oliver’s
The Delicatessen advertisers, associated companies or contractors/agents or
other network operators who perform certain tasks for Oliver’s The
Delicatessen in connection with the provision of Oliver’s The Delicatessen services
to its online customers and to visitors to this site.
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B.2
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Any
questions, comments, suggestions or information other than personal data sent
or posted to the site, or any part of the site by visitors will be deemed
voluntarily provided to Oliver’s The Delicatessen on a non-confidential and
non-proprietary basis. Oliver’s The Delicatessen reserves the right to use,
reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such
information freely, including passing it to any associated company for
example, in connection with the development, manufacture and marketing of
products and services and to meet customer needs.
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C. SAFETY OF PERSONAL DATA
All
reasonable efforts are made to ensure that any personal data held by Oliver’s
The Delicatessen on this site is stored in a secure and safe place.
Oliver’s The Delicatessen may use 'cookies' on this site in order to :
* enable tighter security
* enable online customers to keep browsing and adding products to their
shopping basket
* personalise sites for customers
* build online customer or visitor profiles
Customer who wants to disallow cookies can do so on his Web browser.
D. LINKS
This
site may contain links to other sites and pages. By activating a link, such as
for example by clicking on the banner of an advertiser, you leave this site and
Oliver’s The Delicatessen does not exercise control over any personal data or
any other information you give to any other entity after you have left this
site.
E. RIGHT OF ACCESS TO PERSONAL DATA
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E.1
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The Customer
is aware of his rights under the Personal Data (Privacy) Ordinance to have
access to personal information held by Oliver’s The Delicatessen and to
request correction of the information and to be informed of action taken in
response to any such request and/or request that there be attached to the
information a statement which the Customer can supply to Oliver’s The
Delicatessen relating to the fact that the Customer has requested a
correction. The Customer agrees to pay to Oliver’s The Delicatessen the
reasonable charges requested by Oliver’s The Delicatessen in relation to the
time and attendances involved in complying with the Customer's request in
this regard.
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E.2
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If you
have any questions regarding Oliver’s The Delicatessen personal data &
privacy policy or if you wish to request access to your personal data or if
you wish to correct it you may email the Personal Data Officer oliversdeli@dairy-farm.com.hk or
you may send your request in writing at the following address:
Oliver’s The Delicatessen
5/F Devon House,
Taikoo Place,
979 King's Road, Quarry Bay
Hong Kong
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Oliver’s
The Delicatessen reserves the right to charge you a reasonable fee for the
processing of any data access request.
©2011 Oliver’s
The Delicatessen All rights reserved. |