EFFECTIVE DATE: 10 December 2020
The following terms and conditions including the Schedules (“Terms”) govern your use and access of the Site (defined below) and purchases of Products (defined below) from the Site. By using the Site, you are indicating your acceptance and agreement to the Terms below. If you do not accept the Terms, you must stop using/accessing this Site. If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of the Terms below and their agreement to take responsibility for (i) your actions; (ii) any charges associated with your use of any of the services, software or content provided; and (iii) your acceptance and compliance with the Terms below. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Site.
1. DEFINITIONS AND INTERPRETATION
1.1 Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms and its Schedules.
2. GENERAL USE AND ACCESS OF THE SITE
2.1 Guidelines to the use of Site: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use and/or access of the Site, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. If you do not accept the amendments, you must stop using/accessing the Site.
2.2 Restricted activities: You agree and undertake NOT to: (i) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another user’s computer or mobile device or the Site; (ii) post, promote or transmit any materials or information through the Site which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Site or the operation of the Site; (iii) use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, or view, listen to, download, print or use the Materials other than as allowed under applicable laws; (iv) use or provide false or misleading information in connection to your use of the Site, to impersonate any person or entity, or to falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; (v) transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (vi) use software or automated agents or scripts or otherwise create multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
2.3 Sales Terms & Membership Terms: In addition to these Terms, purchases of any Product would be subject to the Sales Terms as set out in Schedule 2, and if you are a Member, the Membership Terms as set out in Schedule 3 and 4 would also apply.
3. INTELLECTUAL PROPERTY
3.1 Ownership: The Intellectual Property Rights in and to the Site and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property Rights to the fullest extent of the law.
3.2 Restricted use: No part or parts of the Site, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 3.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
3.3 Trademarks: The trade marks, service marks, trade names and logos used and displayed on the Site (collectively the“Trademarks”) are registered or unregistered trade marks of us or third parties. No right or licence is given to you to download, reproduce or use such Trademarks. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any of our websites or any other website) any Trademarks displayed on the Site, without our written permission or that of any other applicable Trademark owner.
4. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY
4.1 Public nature of Internet: You acknowledge and agree that transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
4.2 Reliance on Materials: By using this Site, you acknowledge that any reliance on any Materials or information provided on the Site shall be at your sole risk. You should not act on data or information obtained through the Site without first independently verifying its contents.
4.3 No representations or warranties: The Site and the Materials, including information on Products, are provided on an “as is” and “as available” basis. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Site or the Materials. Without prejudice to the generality of the foregoing, we do not warrant (i) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Site or the Materials; (ii) that the Site or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; (iii) that the Site and the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) the security of any information transmitted by you or to you through the Site. You accept the risk that any information transmitted or received through the Site may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. We neither endorse nor assume any responsibility for the contents of your transmissions or communications through the Site and you are solely responsible therefor.
4.4 Access to the Site: You shall be responsible for obtaining and using the necessary software and/or device, telecommunications services, hardware and/or equipment necessary to obtain access to the Site at your own risk and expense. In particular, you agree and acknowledge that we are not providing you any Internet access or other telecommunication services and that any Internet access or telecommunications services that you may require to access and/or use the Site or the Material will be your sole responsibility and that you will separately obtain such access and/or services, at your own cost, from an appropriate Internet access service provider.
4.5 Exclusion of liability: We shall in no event nor for any reason whatsoever be liable, even if foreseeable or if we or our agents or employees may have been advised of, or otherwise might have anticipated, the possibility or likelihood of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, consequential or punitive damage, or economic loss, or any claims for loss of profits or loss of use, whatsoever or howsoever caused (regardless of the form of action, including tort or strict liability), arising directly or indirectly from or in connection with: (i) any access, use or the inability to access or use the Site; (ii) amounts due from other users of the Site in connection with the purchase of any Product; (iii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) any use of or access to any other website or webpage linked to the Site, or from any other party referred by the Site; (v) any services, products, or information, data, software or other material obtained or downloaded from the Site, or from any other website or webpage linked to the Site or from any other party referred by the Site; (vi) your use or misuse of the Site; (vii) damages arising in connection with the downloading or installation of, or the inability to download or install, relevant Materials from the Site, by you or other third party; (viii) sales, customs and/or import or export taxes; (ix) any indirect, incidental, consequential, special or exemplary costs, claims, expenses, loss or damages, even if informed of the possibility of such costs, claims, expenses, loss and damage; (x) downtime costs, lost revenues, profits, business opportunities, anticipated savings or goodwill; (xi) loss, damages or expense arising from or in connection with any loss of data or interruption in use, or availability, of data; (xii) loss or damage suffered by you as a result of, or in connection with, any claims brought against you by any third party which arise out of or in connection with the sale of the Products to you, or its use or resale by you; and (xiii)any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the Products or failure to comply with our instructions on the use of the Products (whether oral or written). Notwithstanding any other provision of these Terms, our maximum cumulative liability to you or to any other party for all claims, suits, demands, actions or other legal proceedings under, arising out of or relating to these Terms (excluding Accepted Orders), will not exceed the sums that you have paid to us under these Terms (excluding Accepted Orders). No formal offer: All information displayed at the Site shall not constitute a formal offer capable of acceptance by you nor is any such information or request(s) to be considered a part of any agreement between us and you. Unless otherwise provided expressly in these Terms or elsewhere in the Site, all Orders are subject to our acceptance.
4.6 Reservation of rights
i. We reserve the right, in our sole and absolute discretion to, upgrade, modify, alter, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or any information, functionalities, services or products provided therein from time to time and without giving any reason or prior notice, and shall not be liable if any such upgrade, modification, alteration, suspension or removal prevents you from accessing the Site or associated information, functionalities, services or products.
ii. We reserve the right, but shall not be obliged to:
- monitor, screen or otherwise control any activity, content or material on the Site. We may investigate any violation of these Terms and may take any action we deem appropriate;
- prevent or restrict your access to the Site; and/or
- report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
5. HYPERLINKS, ALERTS AND ADVERTISING
5.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
You may not, without our prior written permission, insert a hyperlink to the Site (or any part thereof) on any other website or webpage and you may not establish and/or maintain, on any website or webpage, any in-links, frame-links and/or any other type of hyperlinks to Site or any part thereof (including any Material on the Site).
5.2 Alerts: You may receive specific prompts in respect of certain content or promotions provided by us (“Alerts”) from time to time. Each Alert may be notified by e-mail and/or pop-up screen in your browser. We do not guarantee the delivery, timeliness or accuracy of Alerts. We reserve the right to vary any Alert and to terminate the provision of certain content or the promotion advertised in the Alerts at any time without giving any reason or prior notice. We shall not be liable to you or anyone else for losses, damages or expenses arising from (i) non-delivery, delayed delivery or wrong delivery of an Alert; (ii) inaccurate content of an Alert; or (iii) use or reliance by you on the contents of an Alert for any purpose, including investment and business purposes.
5.3 Advertising: We may attach banners, java applets and/or such other materials to the Site for the purposes of advertising our (or our affiliates’) products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
6. CONSENT TO DISCLOSURE & PROVISION OF INFORMATION
6.1 Consent to disclose: You acknowledge and agree that all information and/or particulars sent or submitted by you in relation to any access or use of the Site or which have been collected from your access or use of the Site is non-confidential and non-proprietary unless otherwise expressly indicated by you, and may be used by us or shared with our service providers, agents or business partners and affiliates that we work with in connection with our business. Specifically, the information may be used for the following purposes and you consent to us and/or our personnel disclosing any such information, whether in HongKong or otherwise:
i. to any of our agents, subcontractors, partners or affiliates which we, in our sole and absolute discretion, consider has a legitimate purpose for obtaining such information;
ii. to any of our agents, personnel, subcontractors or any other third party as we, in our sole and absolute discretion, consider necessary in order to process any Order from you or purporting to come from you received by us through the Site and referable to the Username and Password (including use of the Username and Password by any person, whether authorised or unauthorised by you) or to comply with any order or request of any court or government or regulatory authority in any jurisdiction;
iii. to any of the following where such disclosure is reasonably regarded by us to be necessary to complete any transaction or to carry out the Order:
- to any person using the Site purporting to be you; and
- to any information gathering or processing organisation or department conducting survey(s) on our behalf; and
6.2 Collection of data: In addition to the information that you submit, you consent to our systems being programmed to gather certain anonymous data to help us understand how the Site is being used and how we can improve it. This automatically gathered data includes your computer’s IP or “Internet Protocol” address, statistics about how you navigate through the Site, and information provided through the use of “cookies”.
6.3 Contents of transmissions or communications: With respect to all contents of transmissions or communications you make or submit through the Site, we shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to us and our agents, a perpetual, non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same.
7.1 Termination by us: We, in our sole and absolute discretion, may with immediate effect upon giving you notice, terminate your use of the Site. We may bar access to the Site (or any part thereof) for any reason whatsoever, including a breach of any of these Terms or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Site.
8.1 You will indemnify us against any liability, loss, damage, including solicitor and client costs and expenses (legal or otherwise) which we may sustain or incur, directly or indirectly, by reason of us having made available the Site or having entered into these Terms with you or enforcement of our rights under these Terms or in acting upon any instructions which you may give in relation to the Site or any negligence, fraud and/or misconduct on your part or your breach of these Terms.
9.1 Notices from us: All notices or other communications given to you if:
i. communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
ii sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
9.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
9.3 Other modes: Notwithstanding Clauses 9.1 and 9.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
10.1 Governing Law: Use of the Site and these Terms shall be governed by and construed in accordance with HongKong law and you hereby submit to the exclusive jurisdiction of the HongKong courts.
10.2 Amendments to Agreement: We may by notice through the Site or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of this Agreement, such variation to take effect on the date we specify. If you use the Site after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Site and terminate this Agreement. Our right to vary these Terms in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to this Agreement.
10.3 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to Orders, if any) maintained by us or our service providers relating to or in connection with the Site shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
10.4 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Site and reserves the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
10.5 Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms to any third party.
10.6 Force Majeure: We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations under these Terms or any Accepted Orders or in the Site’s operation, or for any inaccuracy, unreliability or unsuitability of the Materials or any of the Site’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control (which includes acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom we are not responsible for).
10.7 Severability: The invalidity or unenforceability of any of the provisions in these Terms shall not adversely affect or impair the validity or enforceability of the remaining provisions of these Terms.
10.8 Waiver: In the event of a breach of these Terms by you, our failure to enforce these Terms shall not constitute a waiver of these Terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms.
10.9 Translation: If these Terms are translated into a language other than English, the English text shall prevail.
10.10 Rights of Third Parties: A person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of HongKong or other similar laws to enforce any of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 10.10 shall affect the rights of any permitted assignee or transferee of these Terms
DEFINITIONS AND INTERPRETATION
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in the Terms:
1.1. “Accepted Order” means any Order that is accepted by us in our sole and absolute discretion.
1.2. “Date of Order” means the date on which you place the Order.
1.3. “Intellectual Property Rights” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.4. “Materials” means the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Site and the functionalities or services provided therein.
1.5. “Member” refers to a registered user of the Site. It represents member and student member, unless otherwise stated.
1.6. “Membership” refers to the membership rights and obligations of a Member granted pursuant to the Membership Terms set in schedule 3 and 4.
1.7. “Password” refers to the valid password that you use in conjunction with the Username to access the Site, if you are a Member.
1.8. “Personal Information” means information that can be used to identify, contact or locate you. Personal Information can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
1.9. “Product” means a product that you can purchase on the Site.
1.10. “Order” means your offer to purchase a Product(s).
1.11. “Site” refers to www.5hourenergy.com.hk and/or any other URL that we may specify from time to time, and all web pages thereunder.
1.12. “Supplier” refers to a company or entity which has entered into a contractual relationship with us to supply one or more of the Products to you.
1.13. “Username” refers to the unique login identification name or code which identifies you, if you are a Member.
1.14. “we” and “us” refer to 5-hour International Corporation Private Limited (Company Registration No: 201221991Z), a corporation incorporated in HongKong and having a registered address at # 11-103, 11/F, YF Life Tower, 33 Lockhart Road, Wan Chai, Hong Kong
1.15. “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1. Purchase of Products
Purchases of Products through the Site shall be subject to the following terms and conditions:
1.1.Your compliance: You agree to comply fully with all directions, instructions and/or any other terms issued by us from time to time in relation to your purchase of Products through the Site.
1.2. Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error. In the event that the Product you received is reasonably different from the Product as described on the Site, paragraph 3 of the Sales Terms shall apply.
1.3. Placing your Order: You may place an Order by completing the Order form on the Site and clicking on the “Place order” button. We will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
1.4. Our reservation of rights in respect of Orders: All Orders shall be subject to our acceptance and each Order accepted by us (such accepted Order to be referred to as an “Accepted Order”) shall constitute a separate contract. You acknowledge that unless you receive a notice from us accepting your Order, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the Product(s) and accordingly we shall not be liable for any loss, liability or damage which may be incurred as a result. For the avoidance of doubt, we reserve the right to decline to process or accept any Order received from or through the Site at our absolute discretion.
1.5. Cancellation of Orders
1.5.1. No issuance of Accepted Order:We will cancel your Order if we are unable to accept your Order within 7 business days from your Date of Order, with the exception of Products that have not yet been released for sale.
1.5.2. Cancellation by you: You may cancel your Order at any time before we send out an email informing status of your order has been changed to “Awaiting Shipment”.
1.6. Shipment of Products: You may choose to have the Product delivered to a specified address
1.6.1. Delivery of Product: If you choose to have the Product delivered:
(i) You acknowledge that delivery of Products is subject to availability. We will make every reasonable effort to deliver the Product to you within the delivery timeframe displayed in the Accepted Order, but you acknowledge that while the availability information on our Site is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed we will inform you accordingly via email and your Product will be dispatched as soon as it becomes available to us.
(ii) Delivery charges: Delivery of Products shall be subject to prevailing rates charged by our courier save for the following: (i) delivery of 2 or more Products with nett value of S$15 each or more within HongKong shall be free of charge, otherwise a delivery fee of $2 will be payable; and (ii) delivery of 5 or more Products with nett value of S$15 each or more within Malaysia shall be free of charge, otherwise a delivery fee will be payable. Refer to here for detailed rates.
(iii)You may track the status of the delivery at the “Your Account” page of the Site.
(iv) In the event you do not receive the Product by the projected delivery date and provided that you inform us within 10 business days immediately from such projected delivery date, we will try, to the best of our ability, to locate and deliver the Product. If we do not hear from you within 10 business days from such projected delivery date, you shall be deemed to have received the Product.
2. Prices of Products and accepted payment methods
2.1. Prices of Products: All prices quoted on the Site are subject to taxes, unless otherwise stated. We reserve the right to amend the prices of Products on the Site at any time without giving any reason or prior notice.
2.2. Prices may be displayed in another currency (e.g. MYR), which is an estimate based on the default currency (SGD) of this Site. The currency that you shop with is determined by your shipping destination and will be displayed at checkout before completing your purchase. For prices displayed other than the default currency, the actual amount charged may differ due to varying exchange rates or charges applied by different card issuers. We will not be held liable for any fees relating to varying exchange rates and card issuer fees.
2.3. Payment methods: You may pay for the Product by one of the following methods of payment: Visa, MasterCard or American Express credit cards. When you place an Order, actual payment will be only charged upon an Accepted Order.
2.4. Invoicing: We may invoice you upon the due date of any payment under an Accepted Order.
3. Return/Exchange of Products
3.1. Products cannot be returned or exchanged unless the Products are unopened and in their original packaging, and unless such request for return or exchange is made notice within 10 business days of your receipt of the Products under an Accepted Order.
3.2. Any exchange can only be conducted on a one-to-one basis for the same Product as specified in the Accepted Order, subject to our approval and provided that we receive your request within 10 business days from your Date of Delivery. Physical Products to be exchanged may be courier to us at your own risk and cost, in its original packaging and in re-saleable condition and with a copy of the Accepted Order.
3.3. We are not obliged to agree to any such return or exchange unless all foregoing conditions in paragraphs 3.1 and 3.2 are met to our satisfaction.
4. Limitation of liability
4.1. Notwithstanding any other provision of these Sale Terms, our maximum cumulative liability to you or to any other party for all claims, suits, demands, actions or other legal proceedings under, arising out of or relating to the sale of Products under each Accepted Order, will not exceed the sums that you have paid to us under such Accepted Order.