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Terms of Use

These terms and conditions apply to all users of the websites of:
     - Oliver's The Delicatessen (http://www.oliversthedeli.com.hk/) (the "Websites", or each of them a "Website") which are operated by the Dairy Farm Company Limited ("we", "us", "our").

Your use of the Website is governed by these terms and conditions of use ("Terms of Use"). Please read these Terms of Use carefully before using the Website. By using the Website or any part of it, you agree that you have read these Terms of Use and that you accept and agree to be bound by them.

1. GENERAL

1.1

In these Terms of Use the following definitions shall apply:

 

a.

"Intellectual Property Rights"means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:
     (a) confidential information, business or trade secrets, know-how;
     (b) inventions, patents (including supplementary protection certificates);
     (c) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into
          existence in the future and all other rights of a like nature by law in force in any part of the world);
     (d) trade marks, service marks, business or trade names;
     (e) design rights, topography rights;
     (f) database rights,
together with all other rights of a similar or corresponding character or nature.

b.

"Legal Notice and Disclaimer" means the legal notice and disclaimer applicable to the Website as extracted below.

c.

"Privacy Policy" means the policy regarding personal data collected in connection with this Website and the privacy of customers and visitors to this Website, located at http://www.oliversthedeli.com.hk/disclaimer.html

1.2

The Legal Notice and Disclaimer and the Privacy Policy are incorporated into these Terms of Use and these documents, along with these Terms of Use, shall prevail over any other document including any of our store policies purporting to have a contractual effect.

1.3

You agree to provide complete and updated information for registration on this Website.

1.4

You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third party Intellectual Property Rights.

2. VARIATION OF TERMS OF USE

2.1

We reserve the right to amend these Terms of Use from time to time in our sole discretion. Customers and visitors are reminded to review the Terms of Use regularly to ensure that they are familiar with the most recent version. By accessing and using this Website you agree to be bound by the most recent version of these Terms of Use.

3. PREVALING LANGUAGE

3.1

In the event of any discrepancy between the English and Chinese versions of the Terms of Use, the English version shall prevail.

4. APPLICABLE LAW

4.1

These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region and you and the Dairy Farm Company Limited agree to submit to the exclusive jurisdiction of the Hong Kong courts for determining any disputes arising for or in relation to these Terms of Use.

5. PERSONAL INFORMATION & PRIVACY

5.1

We respect the privacy rights of visitors to the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance with the Privacy Policy located at: http://www.oliversthedeli.com.hk/disclaimer.html

5.2

At times, you may be required to provide us with personal information. Refusal to provide such information may mean that you are unable to access certain parts of this Website, or may render us unable to handle any applications or requests you may make and/or provide you with any products or services. If you are under the age of 18, consent from your parent or guardian is required before you provide us with any personal information.

Legal Notice & Disclaimer

A. INTELLECTUAL PROPERTY RIGHTS

A.1

This Website and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trade marks, are protected by copyright, design, trade mark and other Intellectual Property Rights owned or controlled by us and/or our licensors. 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 Website for any purpose without our 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.

A.2

All right, title and interest in the Intellectual Property Rights in this Website shall at all times remain the property of us and/or our licensors. Customers and visitors are not authorized to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be.

B. WARRANTIES

B.1

The information provided on this Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on this Website. We assume no liability for any loss or damage arising from the use or reliance of the information on this Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.

B.2

We disclaim any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on this Website.

B.3

We make no warranties or representations in respect of your ability to access the Website, and do not warrant that the functions of the Website shall be uninterrupted or error or defect free.

B.4

None of our agents or representatives are authorised to make any warranties, representations or statements regarding any information on this Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.

C. LIMITATION OF LIABILITY

C.1

By accessing and using this site you acknowledge and accept that the use of the Website is at your own risk. We 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 or access the Website. Without limiting the foregoing:


THIS WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON 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.


WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE.


WE ASSUME 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 WEBSITE, 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 WEBSITE, 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 WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.

D. TERRITORY

D.1

The materials on this Website are directed solely at persons accessing the Website from the Special Administrative Region of Hong Kong. We make no representation that any product or service referred to on this Website is available, or appropriate for use for any other location

E. CHANGES

E.1

We reserve the right, but undertake no duty, to review edit or otherwise change this Website and any information contained on this Website at our sole discretion and without notice.

F. GENERAL

F.1

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms of Use which shall continue in full force and effect.

F.2

If we do not act in relation to a breach of these Terms of Use by you, this does not waive our right to take action in respect of a similar breach of the Terms of Use by you in the future.

PRIVACY POLICY

(Version: March 2013)

This Privacy Policy applies to all users of the websites of:
   - Oliver's The Delicatessen (http://www.oliversthedeli.com.hk/)
which are operated by The Dairy Farm Company Limited ("we", "us" and "our").

We recognise the importance of your privacy and maintaining the confidentiality of your personal information. This Privacy Policy applies to all products and services provided by us and sets out how we may collect, use and disclose your personal information. This Privacy Policy is governed by and observes the requirements of the Personal Data (Privacy) Ordinance (Cap. 486)(the "Ordinance").

A. PERSONAL INFORMATION COLLECTION STATEMENT

A.1.1

Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect any account(s) you hold with us.

A.1.2

We may ask you to provide personal information when you use our website. The data ("Personal Data") that we may ask you to supply includes without limitation salutation, name, day and month of birth, gender, telephone number, fax number, email address, residential/other address, payment account details and where applicable, your Octopus card number.

A.1.3

Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection). In the event that you do not provide any Personal Data indicated as mandatory, we may not be able to provide you with our products or services.

A.2

USE AND DISCLOSURE OF PERSONAL DATA

A.2.1

If you provide any personal data to us, you are deemed to have authorised us to collect, retain and use personal information about you for the following purposes:

 

a.

providing you with customer service including but not limited to processing and effecting sales, orders, refunds and exchanges relating to products available for sale in our shops or through our website, delivery services, putting together shopping lists for you, providing you with a more personalised experience on our website and responding to your queries, feedback or claims;

b.

providing you with rewards under our redemption programme(s);

c.

providing you with our promotional materials (including but not limited to updates to our website), discount vouchers and wellness information;

d.

performing research or statistical analysis in order to improve our products and services and for marketing and promotional purposes; and

e.

making such disclosures as may be required for any of the above purposes or as required by law or in respect of any feedback or claims made by you.

A.2.2

You further agree that we may disclose and transfer (whether in Hong Kong or abroad) your Personal Data to third party services providers engaged by us to assist with providing you with our services (including data entry, managing our customer database, processing,effecting and verifying sales, orders, refunds and/or exchanges relating to products available for sale in our shops or through our website, contacting you regarding promotions, delivery services and other customer service) and and securely disposing of your Personal Data ("Third Party Service Providers").These Third Party Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified at A.2.1 above, and not for their own purposes (including direct marketing).

A.2.3

When necessary we may also disclose and transfer (whether in Hong Kong or abroad) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organisations for purposes specified at A.2.1(e) above.

A.2.4

We may use your name, phone number, residential/other address and email address to provide marketing materials to you relating to (a) goods and services sold/offered in our retail stores (including Wellcome, Marketplace by Jason's, ThreeSixty, and Oliver's The Delicatessen, (b) goods and services provided by our affiliates (including IKEA, Mannings, GNC, and 7-Eleven), and (c) goods and services provided by our partners. Such goods and services for each of the foregoing shall include retail, cosmetics and beauty, health, wellbeing and medical, insurance, financial, music, sports, betting (lucky draw), dining, travel, banking, electronics, home, office and business supplies, technology, outdoors, furniture, lighting, décor, media and publications.

A.2.5

We may share aggregate data that does not allow you to be identified with third parties for various purposes (including marketing and advertising), and may use this data in order to better understand your needs and to improve and adapt our products and services.

A.2.6

Any personal information supplied by you will be retained by us and will be accessible by our employees,any Third Party Service Providers engaged by us and third parties referred to at A.2.3 above, for or in relation to any of the purposes stated in A.2.1 herein.

B. CONFIDENTIALITY

B.1

Personal Data held by us relating to our online customers or to visitors to our websites will be kept confidential in accordance with this Privacy Policy.

B.2

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 us on a non-confidential and non-proprietary basis. We reserve 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.

C. SAFETY OF PERSONAL DATA

C.1

All reasonable efforts are made to ensure that any personal data held by us is stored in a secure and safe place, and accessed only by our authorised employees or authorised Third Party Service Providers.

C.2

You should be aware that no system is impenetrable and no information provided over the Internet can be guaranteed to be completely secure. Accordingly, we cannot guarantee the security of any information that you transmit to us or receive from us over the Internet.

D. LINKS

This site may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your Personal Data. You should review the privacy policy for those third party websites to understand the ways in which your Personal Data may be used by those third parties.

E. INFORMATION COLLECTED WHEN YOU USE OUR WEBSITE

We may use 'cookies' on this site in order to :
* enable tighter security
* enable online customers to keep browsing
* personalise sites for customers
* build online customer or visitor profiles
Cookies are pieces of information stored in your hard-drive about your preferences on our site, which enable the site to be tailored to you in future visits. Customers who want to disallow cookies can do so on their web browser. However, by disabling cookies you may not be able to access all parts of our website.

F. RIGHT TO ACCESS/ CORRECT PERSONAL DATA

F.1

Under the Ordinance, you have the right of access to personal information held by us and to request correction of the information

F.2

If you have any questions regarding this Privacy Policy or if you wish to access or correct your Personal Data, you may send your request in writing to the following address:


Personal Data Officer
Oliver's The Delicatessen
5/F Devon House,
Taikoo Place,
979 King's Road, Quarry Bay
Hong Kong

Email: personaldata@dairy-farm.com.hk

F.3

In accordance with the Ordinance, we reserve the right to charge you a reasonable fee for the processing of any data access or correction request.

G. AMENDMENTS

We may amend or update this Privacy Policy from time to time and all information will be governed by our most recent Privacy Policy, available on our website at http://www.oliversthedeli.com.hk/disclaimer.html


©2013 Oliver’s The Dairy Farm Company Limited. All rights reserved.