yuu Terms and Conditions

Last updated: [31 July 2023]

Welcome to yuu Rewards Club (“yuu”).

These terms and conditions govern your application to join yuu and your yuu membership.  yuu is owned and operated by DFI Development (HK) Limited ("DFI", "we" or "us"), an affiliate of an affiliate of Dairy Farm International Holdings Limited ("DFIHL"). Please read these terms and conditions ("Terms") carefully.  By registering to become a member of yuu, you agree to be bound by these Terms.

1.   Joining yuu

You can become a yuu member if you have a Hong Kong, Macau or mainland China mobile phone number, and are 18 years old. However, if you are under 18 years old you may become a yuu member if this has been authorised by your parent or legal guardian and you have obtained their consent to become a yuu member on the basis of these Terms.

You confirm that all information provided by you to us is complete, accurate and up to date.  Please update any changes in your personal details via the Profile section in the yuu App (“App”), or on our website at www.yuurewards.com (“Website”), so that you are able to receive any communications we send you.

To protect the interests of consumers and our Partners (as defined below), we have the right to determine whether or not to accept or reject your application for yuu membership or otherwise discontinue your yuu Account (as defined below), for any reason and without any liability to you.

2.   Your yuu Account

You will only become a member of yuu and can only enjoy the benefits provided to yuu members, after we complete your registration and grant you a membership ("yuu Account").

Your yuu Account will be valid for any period specified by us, from time to time. For example, we may discontinue your yuu Account if your membership is inactive for a consecutive 2-year period.

Your yuu Account is personal to you and only you can accumulate yuu Points (“Points”), or redeem Points in return for products, services, discounts, gifts or vouchers ("Rewards"), or receive any other benefits or offers in relation to your yuu Account.  You cannot sell, exchange, transfer or assign your yuu Account or Points to anyone else. However, you may share any Points accumulated by you with another yuu member under certain circumstances (see Clause 4 below).

If you hold an active Hang Seng enJoy Card issued in your name, then you can link your Hang Seng enJoy Card to your yuu Account via our App, or register to join yuu through the use of your Hang Seng enJoy Card via our in-store registration process.  The Hang Seng enJoy Card is issued by and under the control of Hang Seng Bank, and is subject to separate terms and conditions of Hang Seng Bank, which can be found here: www.hangseng.com/en-hk/personal/cards/products/co-branded/enjoy-card.

If you apply to become a yuu member via our online registration process, or you register your yuu Account via the App on your mobile device, then the quick response (QR) code (“yuu ID”) generated in your user account on the App will act as your identification number for your yuu Account.

You can also apply to register as a yuu member via our in-store registration process through the use of your Octopus Card or your Hang Seng enJoy Card. Then your Octopus Card or Hang Seng enJoy Card, as applicable, will act as your membership card for yuu ("yuu Membership Card").

Multiple yuu memberships cannot be used to earn Points or redeem rewards in relation to the same transaction.

3.   Earning yuu Points

Once your yuu Account has been activated, you can use it to accumulate Points on your yuu Account based on your spending at any selected store, e-commerce website, kiosk or restaurant (“Participating Outlet”) belonging to our yuu partners from whom you can earn Points or redeem Rewards (“Partners”) in Hong Kong and Macau.  However, certain products or services are excluded from yuu, and you cannot earn any Points based on your purchase of such excluded items at a Participating Outlet. The excluded items shall be determined by us from time to time.

When you present your yuu ID or provide your yuu Membership Card at the point of purchase,  you will earn a minimum of 1 (one) Point for each $1 (One Hong Kong Dollar or One Macau Dollar, as applicable) you spend on the purchase of any products or services at a Participating Outlet, that is not an excluded item (“Base Points”).  Our Partners may issue Points above the Base Points from time to time (“Bonus Points”).

In the event that you forget to present your yuu ID at the point of purchase at a physical Participating Outlet, you may still accumulate Points on your purchase by sending a copy of the receipt and your yuu ID via email to [email protected], within fourteen (14) days from the date of your purchase.  If you are eligible for Points on your purchase, we will be glad to add those Points to your yuu Account, subject to the following conditions:

(a)   You can only make 2 retrospective claims for Points within a 12-month period;

(b)   A valid receipt must be provided within 14 days of the purchase with the member’s 15-digit yuu ID written on the receipt;

(c)   No Points can be retrospectively claimed if you forget to provide your yuu ID when you make online purchases on our Partners' websites; and

(d)   If you make a purchase using an unlinked Hang Seng enJoy Card and forget to present your yuu ID, you cannot retrospectively claim any Additional Points (as defined below) or Bonus Points that you would have normally earned.

Whilst we endeavour to assist you wherever possible to retrospectively claim your Points, our decision on your eligibility for these Points shall be final and binding, and we and our Partners have the right to refuse your request, including if we find that there is any breach of these Terms.

If you have linked your Hang Seng enJoy Card with your yuu Account and you purchase any products or services at any store, e-commerce website, restaurant or merchant that is not a Participating Outlet, but which accepts payment via the Hang Seng enJoy Card, you may also be eligible to earn Base Points.

On occasion you may also be entitled to earn additional Points on top of the Base Points when you use the Hang Seng enJoy Card or as part of any special promotional offers related to yuu (“Additional Points”).  The issuance of any Additional Points will be subject to further terms and conditions, which will be posted on our official website (www.yuurewards.com) and/or App.

We have the right to amend the number of Partners or Participating Outlets, who the Partners or Participating Outlets are, any excluded items, the Base Points or Bonus Points, at any time.  We will post a notice regarding any major changes on our Website and/or App.

The Points you earn will be credited to your yuu Account within 1 week of your purchase.  In some circumstances, there may be a delay in updating your yuu Points balance, but we will endeavour to reflect the latest balance as soon as possible.

In the event of a refund, your Points earned from the corresponding purchase shall be deducted from your yuu Account.

In general, Points cannot be earned or accumulated in relation to any cash voucher or gift card you purchase at a Participating Outlet.  However, if you use a cash voucher or gift card to purchase any items at a Participating Outlet, you can earn Points on the total purchase price upon presentation of your yuu ID or your yuu Membership Card or upon provision of your yuu Account number for online purchases. Certain cash vouchers, cards or coupons may be subject to different terms and conditions on earning Points, which will be posted on our Website and/or App, or otherwise notified to you.

Points cannot be exchanged for cash or be purchased.

Points will expire if you do not use them. Points will expire after 3 years of earning.

If you do not earn or use any Points on your yuu Account for 2 consecutive years, we will assume you no longer wish to participate in yuu and will close your account.  Any Points that you have not spent will expire and be forfeited upon closure of your yuu Account.

4.   Sharing Points

You may share your Points accumulated on your yuu Account with other yuu members via the App according to the procedures that are currently in effect. Once you have shared your Points, they cannot be reversed back to you, even if the receiver does not subsequently redeem and/or use those shared Points.

We have the right, from time to time, to set certain terms and restrictions in relation to the use, redemption and/or sharing of Points, including the minimum or maximum value of Points that may be shared.  Such terms and restrictions will be posted on our Website and/or App.

5.   Redeeming Rewards

You can use the Points credited to your yuu Account in order to redeem Rewards offered by us in relation to yuu.  The number of Points needed to redeem each Reward will be specified by us, from time to time.  You can see the Points required for each available Reward via our App.

If you have applied to join as a member through our in-store registration process, and have not subsequently downloaded the App and linked your yuu Account to it, then you cannot redeem a Reward until you have downloaded the App.

We will determine how you can redeem a Reward, and how a Reward will be used, collected or delivered.  In general, a Reward can usually be redeemed via our App and can either be used directly with a Reward Partner by using the QR code, collected at one of our specified collection points, or delivered to your requested delivery address. The different ways to enjoy your chosen Reward will be detailed in the specific terms and conditions for each particular Reward. Certain Rewards can also be redeemed at relevant Participating Outlets, as may be specified by us from time to time.  We recommend downloading the App to enjoy the full range of Rewards and other options that we exclusively offer to yuu Members.

The redemption of any Rewards, including the usage, delivery or collection of any Rewards, will be subject to additional terms and conditions, which will be posted on our Website and/or App, or notified to you prior to your redemption of the Reward.

The Rewards that can be redeemed by you in relation to your yuu Account shall be prescribed, amended, provided, offered or terminated, from time to time, at our sole discretion, without any liability to you.

Once you have spent your Points to redeem a Reward, you cannot return or exchange the Reward.

Rewards cannot be exchanged for cash.

6.   Offers

Subject to your consent obtained in accordance with our Privacy Policy (yuurewards.com/privacy-policy), we can use your personal data to provide you with tailored and personalised offers and promotions in relation to your yuu Account, the accumulation of Points and/or the Rewards ("Your Personalised Offers") and to send Your Personalised Offers directly to you via your preferred communication channel.

Your Personalised Offers will be subject to additional terms and conditions, which will be posted on our Website and/or App, or otherwise notified to you.

Your Personalised Offers are for your personal use only and cannot be shared with any other member of yuu or a third party.  If despite this, you do share Your Personalised Offer with another party, once it is used by such party it will no longer be available for your use.

7.   Keeping Your yuu Account Secure

Please keep your password and Secret Code for your yuu Account and yuu ID safe at all times. We also recommend that you update your password regularly. Please notify us immediately via [email protected] or +852 3008 4400 if there has been any unauthorised use of your yuu Account or you have lost your yuu Membership Card.

8.   Changes To yuu

We have the right to make changes to any feature of yuu at any time, including (without limitation) in relation to any promotions, benefits or offers, any Rewards, any accumulation or redemption of Points, the online registration process, the in-store registration process, the manner in which yuu is operated or run, the Partners, the Participating Outlets, the excluded items, the eligible transactions and/or the App or the Website.  We will notify you of any major changes to any feature of yuu by emailing you or by posting a notice on our Website or App.  By continuing to use your yuu Account after we have provided the notice, you agree to our amendments.  If you do not agree to these amendments, you will have the option of cancelling your yuu Account at any time.

9.   Changes to Our Terms

From time to time, we may update these Terms.  We will notify you of any major changes to these Terms by emailing you or by posting a notice on our Website or in the App.  By continuing to use your yuu Account after we have provided the notice, you agree to our amended terms.  If you do not agree to these amendments, you will have the option of cancelling your yuu Account at any time.

10.   Account Termination or Suspension

You have the right to cancel your yuu Account at any time and for any reason via our Website or App, or by emailing us at [email protected] or calling us on +852 3008 4400. Upon your cancellation, your yuu Account will be immediately terminated, and all accumulated Points and any Rewards that you have not collected will be forfeited.

If we plan to terminate yuu for any reason, we will provide at least 3 months' prior notice, by posting the notice on our Website and App.  Any accumulated Points that are not used or any Rewards that have not been collected before the date of termination shall be forfeited.

If we reasonably believe that you have breached any of these Terms, we may suspend or terminate your yuu Account (with or without notice) and/or seek to recover from you any damages and losses suffered by us or our Partners.

If you do not accumulate or redeem any Points for 2 years, we will consider your yuu Account inactive and have the right to cancel your yuu Account (with or without notice), and all Points accumulated on your yuu Account shall be forfeited.  You may need to re-apply for a new membership if you wish to re-join yuu.

Your yuu Account is linked to your mobile phone number. Only one yuu Account can be linked to a mobile phone number.  If you change your mobile phone number, you must update your account through the App and or on the Website.  If you do not update your yuu Account promptly after such changes, your account may be at risk of being accessed by third parties and your yuu Points could be redeemed by someone else using your mobile number. Without prejudice to the foregoing, if we reasonably believe that your mobile phone number has been transferred to a third party or you have deactivated your mobile phone number, then we have the right to cancel your yuu Account  linked to this mobile phone number (without notice), and to create another yuu Account for the new owner of this mobile phone number.  Upon the cancellation of your yuu Account in accordance with the foregoing, all Points accumulated shall be forfeited.  You will need to re-apply for a new membership using a new mobile phone number if you wish to re-join yuu.  

11.   Disclaimers

All information, content and materials of any kind provided on the Website or App are for your general reference only. Your participation in yuu and your use of our Website, App, your yuu Account, your Offers, Points, Rewards, your yuu ID and yuu Membership Card, are at your own risk.

To the fullest extent permitted by law, yuu, our Website, App, your yuu Account, your yuu ID, your yuu Membership Card, Your Personalised Offers, Points and/or Rewards, and all information, content, materials and/or services provided or performed in relation to them are provided “as is”, and all express or implied conditions or warranties are excluded.

We make no representations, undertakings or warranties:

(a)   as to title, accuracy, completeness, currency, quality, merchantability or fitness for purpose in relation to yuu, our Website, App, your yuu Account, your yuu ID, yuu Membership Card, Your Personalised Offers, Points and/or Rewards, or any information, content, materials and/or services provided or performed in relation to them; or

(b)   that the yuu, our Website, App, your yuu Account, your yuu ID or yuu Membership Card will be uninterrupted, error-free, secure, timely or available, or that any error or malfunction will be rectified.

12.   Our Liability

We shall not be liable for any indirect, special, incidental, punitive or consequential losses or damages suffered by you; however, they may arise, including negligence.

To the fullest extent permitted by applicable law, we shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any losses or damages whatsoever (including whether general, special, indirect, direct, nominal, punitive, incidental or consequential) which may arise in relation to these Terms, yuu, our Website, App, your yuu Account, Your Personalised Offers, your yuu ID, yuu Membership Card, Points, Rewards, any products and services offered by our Partners, or any information, content, materials and/or services provided or performed in relation to them, whether or not we were advised in advance of the possibility of such losses or damages.

If any court of competent jurisdiction finds that any part of the above provisions under this Clause 12 of our Terms is invalid or unenforceable, then our total liability in relation to these Terms, yuu, our Website, App, your yuu Account, your yuu ID, yuu Membership Card, Your Personalised Offers, Points and/or Rewards, or any information, content, materials and/or services provided or performed in relation to them, shall be limited to the provision of Points and/or the replacement of any Reward that is the subject of the dispute, as we may determine at our absolute discretion.

13.   Intellectual Property Rights

All rights, title, interest, copyright, trade mark rights, domain names, design rights, goodwill and any other intellectual property rights anywhere in the world (of any kind whatsoever) subsisting in yuu, our Website, App and any information, content, materials and/or services provided or performed in relation to them, are owned by us and/or our licensors. You shall not obtain any rights, title or interests in them, and shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on them (either in whole or in part).

You agree that any feedback, comments, or suggestions you may provide to us is entirely voluntary and we will be free to use it (or not use it) as we see fit, and without any obligation to you.

14.   Privacy Policy

Our Privacy Policy sets out the purposes for which we will use your personal data, who we share your personal data with, and the choices you have in relation to how your personal data is collected and used by us.  By applying to become a member of yuu, you agree to the terms of our Privacy Policy, a copy of which can be found here: yuurewards.com/privacy-policy.

15.   Links

Our Website, App, and any electronic communications sent to you or any materials provided to you online or digitally, may include links to other websites, content or resources, which are hosted, offered or provided by third parties (including our Partners, DFIHL or its affiliates).  You understand and agree that we:

(a)   do not have any control over and do not monitor those third-party websites, content, or resources;

(b)   do not provide any undertakings, representations or warranties, and are not responsible for any of those third-party websites, content or resources (or any products, goods or services promoted, referred to or offered on the third-party websites or resources); and

(c)   do not endorse any of those third-party websites, content or resources, or any advertising, products, goods, services or other materials made available from such third-party websites or resources.

16. Insurance Products

(a)    The insurance products offered on our Website and/or App are provided and underwritten by insurance service providers authorised by Hong Kong Insurance Authority to carry on insurance business in or from Hong Kong (“authorised insurer(s)”).

(b)    Any insurance coverage taken out by you will be governed by the terms and conditions in the insurance contract between you and the relevant authorised insurer. You should read these terms and conditions carefully and satisfy yourself that you understand such terms and conditions thoroughly before you enter into a contract for insurance (and in appropriate cases, seek independent and professional advice on the meaning, operation and effect of these terms and conditions).

(c)    No insurance coverage shall be construed as being issued or in force as a result of your submission of data through our Website and/or App unless and until a policy is issued by the relevant authorised insurer to you.

(d)    Unless otherwise specified, the insurance products offered on our Website and/or App are not available to persons who are residing outside Hong Kong or minors (i.e. individuals below 18 years old).

(e)    When you make an application for any insurance, you should make sure that the information and particulars provided in the insurance application are accurate, true and complete to the best of your knowledge and belief.  You are obliged (i) to disclose every fact which would influence the judgment of a prudent insurer as to whether to insure the risk, the premium to charge or the terms on which to insure (“a material fact”); (ii) not to misrepresent material facts and (iii) not to make fraudulent claims.  Non-disclosure of material facts or provision of incorrect information to the relevant insurer may result in the insurance policy being invalidated or avoided or claims being repudiated by the authorised insurer.

(f)    We are a licensed insurance agency registered with Hong Kong Insurance Authority (licence number: GA1026) appointed by the authorised insurers and authorised to promote and market insurance products of the relevant authorised insurers as agent.  Premiums will be payable to the authorised insurers and we will receive commission from the authorised insurers as remuneration.

(g)    We are acting for the authorised insurers which appoint us and our role is limited to promotion and marketing of the insurance products underwritten by the relevant authorised insurers. When you proceed to make an insurance application and click on the Call to Action button in the relevant section on our App, you will be taken to the relevant authorised insurer’s website or third party website as authorised by the relevant insurer which is owned, operated and managed by that authorised insurer (in the case of authorized insurer’s website) or is authorized by that authorized insurer (in the case of third-party website) and not by us. We shall not be liable for any loss or damage, whether or not arising from any inaccuracy or omission or from any decision, action or non-action based on or in reliance upon information contained in the insurance application howsoever arising from using or in reliance upon the whole or any part of the information in the insurance application.

(h)    We are not rendering financial, legal, accounting or tax advice in any way. You are advised to review the relevant product information and materials (including but not limited to the applicable policy terms and conditions, the level of premium and the period for which the premium is payable, and the fees and charges (other than premium) to be paid by you (if any) provided to you by the relevant authorised insurers.

17.  Resolving Any Disputes

These Terms and any dispute or matter arising out of or in relation to them, or in relation to yuu, Points, Rewards, Your Personalised Offers, your yuu Account, our Website or App, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Both you and DFI Development (HK) Limited agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

18.   General Terms

If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable term.

These Terms and our Privacy Policy, and any other terms and conditions referred to herein and/or posted on our Website or App, contain the entire agreement between you and us.

A failure or delay by us to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach.  Any waiver by us of any of our rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated in it.

These Terms are personal to you, and you may not transfer any of your rights or obligations under these Terms.  We may transfer our rights or obligations to any third party without your consent.

The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not under any circumstances apply to these Terms.  

19.   Language

These Terms and our Privacy Policy are written in the English language and may be translated into Chinese or any other languages.  If there is any inconsistency between the English version and any translated version, the English version shall prevail.

20.   How to Contact Us

If you have any questions about these Terms, please email us at [email protected].

E-Comm Service Terms and Conditions

Last updated: 5^th January, 2024

This e-commerce service (“this E-Comm Service”) has been especially designed (and is owned and operated) by The Dairy Farm Company, Limited 牛奶有限公司 (“DFI”, “we”, “us” and “our”) for Customers (defined below) using this  online shopping service.

This E-Comm services provides a place and opportunity for the sale of goods between Customers and Sellers. “Seller” may refer to DFI or to a third party merchant other than DFI. Whether a particular Product (defined below) is listed for sale on this E-Comm Service by DFI or a third party merchant may be stated on the listing description of that Product. Products sold to you by a Seller will be governed by individual Buyer Contracts (see clause 1.7 below for more details), which:

-        For Products sold by third party merchants, shall be agreements entered into directly and only between the third party merchant and you; and

-        For Products sold by DFI, shall be agreements entered into directly and only between DFI and you.

DFI is not a party to the Buyer Contract between you and the third party merchant, and accepts no obligations in connection with any such contract. Parties to such a transaction will be entirely responsible for the Buyer Contract between each other, including the listing of goods, warranty of purchase and other purchase-related details.

If you intend to use this E-Comm Service or simply want to browse using this E-Comm Service, please read these Terms and Conditions carefully before using this E-Comm Service. By using this E-Comm Service 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

1.1.    In these Terms and Conditions the following definitions shall apply:

1.1.1.  “Coupon” shall mean any coupons issued by the Seller and valid for use on this E-Comm Service, including but not limited to E-Coupons, Delivery Discount Coupons and Third Party Coupons.

1.1.2.  “Customer” shall mean you and, where the context requires, all other persons who access this E-Comm Service under your Login.

1.1.3.  “Delivery Discount Coupon” shall mean a Coupon issued by the Seller and valid for use on this E-Comm Service which is redeemable for discounts on delivery fees in accordance with these Terms and Conditions.

1.1.4.  “DFI Banners” shall mean the banners/trading names used by DFI in Hong Kong to sell Products, including the banners/trading names Wellcome, Market Place by Jasons, Mannings and 7-Eleven and such other banners/trading names as DFI may use from time to time.

1.1.5.  “E-Coupon” shall mean a Coupon issued by the Seller and valid for use on this E-Comm Service which is redeemable for discounts in accordance with these Terms and Conditions.

1.1.6.  “Login” shall mean a Customer's login identification and password used to access to this E-Comm Service under that Customer's credentials.

1.1.7.  “Order” shall mean the submission of an offer to purchase Products by a Customer made via this E-Comm Service.

1.1.8.  “Price” shall mean the price of the relevant Product payable by the Customer.

1.1.9.  “Privacy Policy” shall mean DFI’s applicable privacy policy regarding personal data collected in connection with this E-Comm Service as found on this E-Comm Service.

1.1.10. “Product” or “Products” shall mean any and all the products for sale by Sellers on this E-Comm Service.

1.1.11.  "Seller” shall mean the party selling Products on this E-Comm Service; 

1.1.12.  “Third Party Coupon” shall mean a Coupon issued through this E-Comm Service which is redeemable in connection with Products specified by a third party.

1.1.13. “Transaction” shall mean the sale and purchase of Products by a Seller and Customer, respectively, through this E-Comm Service in connection with an Order. 

1.2.     All Products sold by the Sellers through this E-Comm Service are subject to these Terms and Conditions. By submitting your Order for processing on this E-Comm Service, you confirm that you have read, understood and agreed to the Terms and Conditions in effect at the time your Order is submitted for processing.

1.3.     These Terms and Conditions incorporate the Privacy Policy and these documents shall prevail over any other document including any of the DFI store policies purporting to have a contractual effect unless such document expressly states that it prevails over these Terms and Conditions.

1.4.     The Customer agrees: (i) to provide complete and updated information for registration on this E-Comm Service; and (ii) that he/she is only entitled to hold one registration on this E-Comm Service at any time. For credit card payment registration, the Customer shall provide DFI with accurate and complete credit card information, and represents and warrants to DFI and the Sellers that the Customer’s use of any credit card registered with this E-Comm Service is authorized and lawful. The Customer must also comply with the following conditions when using this E-Comm Service:

1.4.1.  each Customer must only have one registered mobile number and device per registration; use of multiple mobile numbers and/or devices by the same Customer is specifically prohibited; and

1.4.2.  any Customer seeking repeated or multiple use of Coupons or other benefits that are made available to Customers on a one-off basis per Customer, will result in any such illegitimate use of such Coupons or benefits being made void and/or the Customer’s registration being terminated.

DFI and the Sellers reserve their rights to recover from the Customer the value of any illegitimately used Coupons or benefits.

1.5.     DFI has absolute discretion to refuse the registration of any person as a Customer and to terminate the registration of any Customer for any reason whatsoever.

1.6.     The Customer agrees to pay for every Order made using his/her Login. The Customer shall be responsible for updating his/her registration information including his/her credit card particulars recorded through this E-Comm Service. The Customer shall be responsible for notifying his/her bank of any changes to his/her records, or loss, theft or unauthorized use of his/her credit card.

1.7.     All Orders shall be subject to the Sellers’ acceptance in their sole discretion and each Order accepted by a Seller (such accepted Order to be referred to as a “Buyer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from the Seller accepting your Order, the Seller shall not be party to any legally binding agreements or promises made between the Seller and you for the sale or other dealings with the Product(s) and accordingly the Seller shall not be liable for any losses which may be incurred as a result. The Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

1.8.     The Seller shall make reasonable efforts to fulfill Orders placed by Customers through this E-Comm Service, but shall not be liable to any person if the Seller declines or becomes unable to fulfill an order for whatever reason, including but not limited to supply shortage, changes in supply, unavailability of delivery service due to the Customer’s location, or if an incorrect Price was charged for a Product.

1.9.     Notwithstanding the provisions of clause 1.8, the Seller reserve the right to decline any Order if the Seller, in their absolute discretion, considers the credit of the Customer unreliable, or for any other reasons.

1.10.   Neither DFI nor the Seller shall be responsible for the Customer’s management of his/her password. The Customer shall ensure that his/her password is kept strictly confidential to prevent unauthorized use of his/her Login. DFI shall use reasonable efforts to prevent any unauthorized access to this E-Comm Service. However, DFI and the Sellers shall not be liable for any loss or damages whatsoever if any third party gains unauthorized access to this E-Comm Service using the Customer’s Login.

1.11.   In each Transaction, for standard delivery services (i.e. Orders made in the morning delivered later in the afternoon or next day as determined by the Seller or DFI (or its agents) on behalf of the Seller; or Orders made on one day delivered the next day or by a scheduled date in the future as determined by Seller or DFI (or its agents) on behalf of the Seller) the maximum order quantity for each Product is 99. Other limitations and restrictions will apply for any express delivery service offered by Seller or DFI (or its agents) on behalf of the Seller (i.e. delivery estimated within one hour from the Order being placed), which may include limiting the number of Products and/or the weight of the Products, per Order. 

1.12.   Products and Prices displayed on this E-Comm Service are for reference only and are subject to adjustment or modification at the time the relevant Order is placed. 

1.13.   Prices do not include delivery charges, service charges or plastic bag charges. Please see clause 4.12 for details on delivery charges. 

1.14.   The range of Products available for purchase differs depending on the district selected for delivery. Switching districts will reset the range of Products available for purchase. 

1.15.   A Customer may cancel an Order at any time prior to the Products ordered being packed, assigned to a picker or confirmed for delivery by the Seller. If the Product being ordered is a special item (“Special Item”) requiring the Seller to pre-order or pre-purchase the Special Item (e.g. pre-purchased or pre-paid Products for festive occasions, such as: moon cakes for the Mid-Autumn Festival; Christmas and New Year hampers; advance orders for real Christmas trees) for the Customer (as notified to the Customer in this E-Comm Service for that Special Item), then Customer will not be able to cancel such Order upon payment confirmation. Other special terms and conditions for Special Items may apply as noted in the Product descriptions in this E-Comm Service – such special terms may include minimum pre-order periods, minimum orders, specific delivery dates, special delivery charges, etc.

2.      Price

2.1.     The Seller will make reasonable efforts to ensure that details of Products (including listed Price, size etc.) displayed on this E-Comm Service are up-to-date, however the Seller reserves the right to vary the listed Price and other details of the Products without prior notice.

2.2.     The listed Prices advertised on this E-Comm Service apply to online shopping only. Prices for some Products may differ from those charged at Sellers’ physical stores, if applicable. The Price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.  The Price of a Product shown on the checkout page when the Customer submits an Order is subject to adjustment pursuant to clauses 2.3 and 2.4. The Price charged by the Seller for the relevant Product shall be the Price set out in the final bill shown in this E-Comm Service at the time of delivery.

2.3.     Not all Product sizes will correspond exactly to the description offered in this E-Comm Service. The Seller reserves the right to provide the nearest Product size at the nearest Price provided it is not materially different that that ordered by the Customer.

2.4.     There may be discrepancies between the bill shown on the checkout page in this E-Comm Service when the Order is submitted, and the final bill shown in this E-Comm Service at the time of delivery, if there are variations to the relevant Order due to out-of-stock products, substitutions, the unavailability of special offers affecting the Price of Products (for example, if discounts on purchases of more than one Product of the same type is not available due to the requisite number of Products being unavailable for purchase), and weighed items (for example, where Products are purchased by whole units but its Price is set according to its weight which could vary from unit to unit). DFI and the Seller reserve the right to adjust the bill in this E-Comm Service for such variations in the relevant Order, and such adjustments will be marked on the final bill shown in this E-Comm Service at the time of delivery. For weighed items, please note that the price listed on the checkout page in this E-Comm Service is for initial calculation of the bill to conclude Customer’s order, based on the pre-estimated weight for such order. The actual price to be charged on the final bill at the time of delivery will be based on the exact weight of the weighed item Customer has ordered but will not in any event exceed the price listed on the checkout page in this E-Comm Service. The label price appearing on pre-labelled catch weight items delivered to you may be different to the price appearing on your final bill, as label prices apply to in-store purchases only.

2.5.     If the Customer requests a variation to the Order which the Seller has accepted, then the total Price payable for the Order will be adjusted accordingly to reflect the variation and recorded on the final bill shown in this E-Comm Service at the time of delivery.

3.      Payment Methods

3.1.     This E-Comm Service currently supports payment methods including, Visa and Mastercard online credit card payments. Please complete payment within 15 minutes after the Order is submitted. Otherwise, the Order will be automatically cancelled. 

3.2.     Third party payment services are used by DFI to process Transactions. When placing an Order, the Customer will need to agree to and accept the relevant terms and conditions of such third party payment services in order for the Order to be processed. Credit card details will be collected, processed and retained by DFI (on behalf of the Seller) and/or the payment service providers to process the Transactions and/or respond to any queries in relation to the Transactions. The Customer agrees to bear (on a joint and several basis with any other person who accesses this E-Comm Service using the Customer’s Login) any loss caused by Customer during the course of, or arising out of or in relation to, any credit card transaction processed by third party payment service providers.  DFI and the Sellers shall not be liable for any loss, in part or in full, under any circumstances in connection with such credit card transactions.

3.3.     DFI may change the payment methods available for settling Transactions on this E-Comm Service at any time. Customers will be notified of any such changes through email, text messages or this E-Comm Service.

3.4.     If the Customer wishes to pay with a credit card, DFI will request authorization from the relevant card issuer to hold the full purchase amount of the Order. The authorized amount held will not be available for use by the Customer while the Order is being prepared. The authorized credit card will only be charged after delivery is completed.

3.5.     If the Customer cancels the order or the ordered items are out of stock before it has been billed, any authorizations placed on Customer’s credit card account can take up to 45 days to reverse, depending on the credit card issuer. Please contact the related financial institution for the specific timeframes.

3.6.     In order to strengthen the security of Transactions made using this E-Comm Service, Customers are required to verify their identity through the use of one-time passwords for each Transaction. Credit card issuers will provide the one-time password via SMS to proceed with authentication. Please ensure you have enabled the one-time password authentication function in this E-Comm Service.

4.      Delivery

4.1.     The Sellers will arrange for delivery of the Products to the Customer, depending on the Products being ordered. The Sellers or by DFI (or its agents) on behalf of the Sellers, as applicable, shall use reasonable efforts to deliver Products for which an Order has been placed to the delivery address specified on the registration form or the delivery address last on record of the Customer within the time slots selected by the Customer, but shall not be liable for any delays, changes of delivery time or non-delivery for causes beyond its reasonable control.

4.2.     The Sellers, shall deliver Products in the Customer’s shopping cart in this E-Comm Service after the Customer places an Order for such Products and settles payment for the Transaction. The Customer shall include all Products he/she wishes to purchase (including free gifts and redemption items) in the shopping cart when submitting the Order. The Customer shall not be entitled to delivery of any items not included in the shopping cart when submitting the Order.

4.3.     The Sellers will only deliver Products to Hong Kong Island, Kowloon, the New Territories, and some designated rural areas or the outlying islands of the Special Administrative Region of Hong Kong. 

4.4.     No delivery services will be available on the 1st and 2nd day of Chinese New Year, when the typhoon signal No. 8 or the black rainstorm signal is hoisted, or when delivery is considered by the Seller, or by DFI as the delivery agent on behalf of the Seller, to be unsafe due to other weather conditions.

4.5.     No delivery services will be available to premises situated in buildings which have no lawful unloading areas within 50 meters of the building. Delivery services are not available for areas that cannot be reached directly by the Sellers delivery vehicles or buildings without a functioning lift to the third floor or above. 

4.6.     It is the responsibility of the Customer to immediately notify the Seller of any change to his/her delivery address after placing an Order, via this E-Comm Service.

4.7.     The Customer shall take delivery of all Products delivered pursuant to an Order within the designated time slots requested by the Customer (other than Products that are out of stock), otherwise:

4.7.1.  DFI, on behalf of the Seller, will charge payment for the Products ordered according to their respective Prices in accordance with clause 2. If any adjustments to the Prices are made in accordance with clause 2.3, or variations are made to the Order pursuant to clauses 2.4 and 2.5, the difference in the total Price for the Order shall be paid by, or refunded to, the Customer (by credit card) before delivery of the Products; and

4.7.2.  The Seller reserves the right to cancel the Order. 

4.8.     All deliveries shall be only made to the entrance of the delivery address specified on the registration form. The Seller has no obligation to make deliveries to any specific location at the delivery address. When receiving deliveries, the Customer shall confirm receipt of the Products with delivery personnel (unless the Customer has specifically instructed the Seller to leave the Products outside the door; such deliveries shall be at Customer's own risk). The Customer shall ensure that a person aged 16 or above who is authorized to receive the ordered Product(s) is present at the specified time for delivery at the Customer's address to receive the order Product(s). If no such person is present, the delivery shall be withdrawn and attempted at another agreed time slot. In such circumstances, the Seller and/or DFI, on behalf of the Seller, reserves the right to charge the Customer an extra delivery fee at the absolute discretion of the Seller.

4.9.     If the delivery includes alcoholic drinks, tobacco products or any other Product which the Seller is prohibited from selling to a minor, a person aged 18 or above (with identification) must be present to take delivery of the alcoholic drinks, tobacco products or such other Products. If no person aged 18 or above is present, delivery shall be withdrawn and attempted at another agreed time slot. In such circumstances, the Seller and/or DFI, on behalf of the Seller, reserves the right to charge the Customer an extra delivery fee at the absolute discretion of the Seller.

4.10.   In the interest of protecting your Customer rights, you should check the Products delivered before confirming receipt, including but not limited to checking: the type, form and quantity (including the smallest packaged unit) of Products, Price, free gifts, external packaging, whether the invoice corresponds with the Order, the condition of frozen Products, and so on. When the delivery arrives, the Customer may remove the external package to check the Products, however internal package of items should remain unopened until after the Customer has confirmed receipt. Otherwise, neither the Seller, nor DFI (or its agents), making the delivery on behalf of the Seller, is liable for issues in connection with such Products.

4.11.   The Sellers reserve the right to decline to deliver Products to any Customer in their absolute discretion. 

4.12.   A delivery fee will apply (as determined by the Seller from time to time) unless waived by the Seller in its discretion. 

4.13.   . Orders may be subject to a minimum net spend requirement which may vary from time to time.

4.14.   Customers can return the designated shopping bags used to deliver Products purchased under this E-Comm Service to delivery personnel when Products are delivered.

4.15.   Delivery personnel making the delivery reserve the right to refuse collection of any damaged designated shopping bags.

4.16.   Only designated shopping bags will be accepted for collection. No other types of cooler bags/recycle bags will be accepted for collection.

4.17.   Designated shopping bags given to the Customer on the day of delivery cannot be returned immediately. The Customer may return such designated shopping bags upon the next delivery.

4.18.   The Sellers’ physical stores will not accept any cooler bags, recycle bags or shopping bags provided by the respective Sellers’ store delivery service (i.e. delivery services provided by the physical store and not through this E-Comm Service).

4.19.   Details of any arrangements related to shopping bag collection herein may be subject to change without prior notice.

4.20.   In case of any dispute regarding the terms of any arrangements related to shopping bag collection herein, the decision of the Seller shall be final and binding.

5.      Special Products

5.1.     If the Customer's order includes any tobacco or alcohol products, the Customer must be 18 years old or older and can lawfully purchase such Products.

5.2.     The Customer shall ensure that no person or persons shall use his/her Login to purchase tobacco or alcohol products if that person or those persons are not 18 years or over, or are not able to lawfully purchase such Products.

6.      Title

6.1.     All risks in the Products shall pass to the Customer upon delivery, however the Seller shall retain the title in the Products until full payment has been received by DFI on behalf of the Seller.

6.2.     Products sold by DFI Banners (as identified in the descriptions for those Products as appearing on the E-Comm Service) are sold by DFI as the Seller to the Customer.

6.3.     Products sold by third party merchants other than DFI, are sold by those merchants (as identified in the descriptions for those Products as appearing on the E-Comm Service) as the Seller to the Customer.

7.      Returns of Products/Refunds

7.1.     Images of Products on this E-Comm Service may not correspond exactly to the Product or Product descriptions and are for reference only. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its image on this E-Comm Service.

7.2.     Neither DFI, as the operator of this E-Comm Service, nor the Seller, as the offeror of the Product(s), assume any obligation or liability for any advice or information provided with Products as displayed on this E-Comm Service and shall not be responsible for any inaccuracy or misstatement of any such information.

7.3.     The Seller, and/or DFI, acting as the delivery agent on behalf of the Seller, as applicable, shall use reasonable efforts to ensure that Orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported within three days of delivery via e-mail to [email protected] or hotline (phone +852 3001 1299): 

7.3.1.  If the Seller determines in its absolute discretion that any Product was delivered in a damaged condition, past its sell by date, or omitted in the package prepared for delivery, or if the wrong Product was delivered, the Seller shall either refund to the Customer the Price of that Product or replace the Product. Customers must notify [email protected] within 24 hours of receipt of the relevant Order in connection with such issues for the Seller’s consideration.

7.3.2.  If any Product which was not part of the Customer's Order is delivered to the Customer by mistake, the Seller reserves the right to collect the wrongly delivered Product.

7.3.3.  If the Customer was charged for a Product which has not been delivered, the Seller, or DFI on behalf of the Seller, shall refund to the Customer the Price of that Product as actually charged to the Customer after all applicable discounts.

7.3.4.  If the Customer is charged more than the applicable Price in connection with any Product, the Seller, or DFI on behalf of the Seller, shall refund the difference to the Customer or provide the Customer with a Coupon of equal or higher value, as determined by the Seller, or DFI on behalf of the Seller, in its discretion. 

7.4.     The Seller’s liability in connection with any Product delivered is limited to refund or replacement of the Product as specified above. All other remedies are excluded.

7.5.     Refunds shall be credited, at the option of Seller or DFI on behalf of the Seller, to the Customer's credit card account as supplied in the registration form. Promotion codes, discount codes or Coupons used in an Order for which a refund is made will not be reinstated or refunded by DFI or the Seller. Neither the Seller nor DFI on behalf of the Seller, will be obligated to refund any amount deducted from the sum payable under the relevant Order through the use of promotion codes, discount codes or Coupons. 

7.6.     In case of dispute as to the Customer’s remedies under this clause 7, the decision of DFI on behalf of the Seller shall be final and binding.

8.      Use of Coupons and Vouchers and Promotions with Orders

8.1.     Coupons can only be used if the net purchase amount for the Order is at least HK$10 (after deducting the value of any Coupons and other discounts).

8.2.     Coupons cannot be redeemed for cash, and no change or refund will be given for any unused value on any Coupon. Each Coupon can only be used in one Transaction.

8.3.     Coupons cannot be used to purchase certain Products.  For details, please refer to the terms and conditions of each Coupon.

8.4.     E-Coupons and Third Party Coupons can be used on this E-Comm Service to redeem cash discounts only, and cannot be used for deducting any applicable delivery fees (the discount will be applied to the Order by deducting from the Price of each Product a proportionate amount based on the Price of each Product); Delivery Discount Coupons can be used for deducting delivery fees only.

8.5.     Customers may apply one E-Coupon, and one Delivery Discount Coupon with each Transaction. Customers may apply more than one Third Party Coupon to any Transaction provided the Third Party Coupons do not relate to Products specified by the same third party.

8.6.     In order to use any Coupon, Customers can simply select the relevant Coupon under the “Coupons” section on the checkout page.

8.7.    Coupons cannot be redeemed for orders made through fax or by way of telephone.

8.8.     If a Customer cancels any Order settled using any Coupons, or applied for a Product return in connection with an Order that was settled using any Coupons, the Coupons used in such Orders will not be reinstated or refunded.  Please see clause 7.5.

8.9.     Coupons may expire and/or otherwise become invalid.  The Seller is not obligated to re-issue, reinstate, extend the validity period of, or issue any refund on the value of any Coupons that have expired or become invalid.  Please refer to the terms and conditions of the relevant Coupon for details.

8.10.   Not all promotions available or promoted in Wellcome, Market Place by Jasons, Mannings, 7-Eleven or such other banner stores or any other communication channels will be available on this E-Comm Service.

8.11.   In case of dispute in connection with the use of any Coupons or application of any promotions on this E-Comm Service, the decision of DFI on behalf of the Seller shall be final and binding.

9.      Coupon Centre

9.1.     The Seller may make different types of Coupons available for collection in the Coupon Centre section of this E-Comm Service.

9.2.     Customers may collect Coupons from the Coupon Centre by clicking on Coupons shown on the screen as available for collection. Coupons collected by a Customer will be allocated to that Customer’s E-Comm Service account.

9.3.     The number of each type of Coupon available for collection by Customers may be limited, and will be made available to Customers on a first-come-first-served basis. Coupons will be removed from the Coupon Centre once all the relevant Coupons available for collection have been collected by Customers.

10.     Hang Seng Bank Offer

10.1.   The Hang Seng Bank Offers in this clause 10 only apply to Products that are sold by DFI as the Seller. Customers who pay for an Order using this E-Comm Service with a Hang Seng enJoy Card will enjoy: 8% discount for Products sold by DFI as the Seller under the Wellcome and Market Place by Jasons banners; subject to all of the terms and conditions below: 

10.1.1.          The Customer must settle payment for an Order on this E-Comm Service with a Hang Seng enJoy Card: on the 3rd, 13th and 23rd day of the applicable month for Products sold by DFI as the Seller under the Wellcome and Market Place by Jasons banners; and subject to a minimum net payment price for each Order as specified from time to time in the Hang Seng Bank Offer terms and conditions.

10.1.2.          The Customer must log-in and complete the Transaction successfully on this E-Comm Service between 00:01 and 23:59 hours on the 1st, 3rd, 13th, 20th or 23rd day of the applicable month.

10.1.3.          This discount offer is not applicable to infant milk formula and baby and children milk powder, baby diapers, bird's nest, chicken essence, and mobile pre-paid SIM card and pre-paid cards; this discount may also not apply to certain other Products, as may be designated by each store in its discretion.

10.1.4.          This discount offer cannot be used in conjunction with other special offers.

10.1.5.          This discount offer is subject to Product availability and the terms and conditions of this offer are subject to change without prior notice. Please refer to the offer details at the time of submitting an Order.

10.1.6.          Hang Seng Bank and DFI reserve the right to vary or terminate this offer, and to amend the terms and conditions of the offer from time to time. In case of dispute, Hang Seng or DFI’s decision shall be final.

11.     Packaging Handling Fee

11.1.  A packaging handling fee may be charged in accordance with the applicable legal requirements including those on plastic shopping bag fees.

12.     Scan and Go Express

Some stores in Hong Kong operated by DFI under the Wellcome, Market Place by Jason, Mannings, 7-Eleven and other banners may support this E-Comm Service’s Scan and Go Express function (“SGE”) (please check onsite at the store location). This function permits Customers to use this E-Comm Service on their electronic devices to scan Products in store and check-out using designated SGE check-out isles. In such a case, the following terms will apply: 

12.1.   Each Customer’s use of SGE will be subject to certain limitations on the number of times used per day and the number of items included in each Order. Each store may apply different limitations and this can be verified on this E-Comm Service when using SGE at a particular store. 

12.2.  Certain Products are not suitable for the SGE service. 

12.3.   If the Product contains a gift, please scan the barcode of the gift (if any) or request assistance from the store staff. 

12.4.   To complete the purchase of the Order using SGE, the Customer must process payment using this E-Comm Service, generate a QR Code and scan that QR Code using the terminal at the designated SGE check-out isles. 

12.5.   If the Customer's SGE Order includes any tobacco or alcohol products, the Customer must be 18 years old or older and can lawfully purchase such Products, otherwise the Customer is not permitted to purchase such tobacco or alcohol products. 

12.6.   You can only apply for after-sales service for any SGE Orders at the applicable store at which you purchased the Products using SGE. 

12.7.   In case of any dispute regarding the use or application of SGE, the decision of the Seller shall be final and binding. 

13.     Force Majeure 

13.1.   If the performance by DFI or the Seller of its obligations under this E-Comm Service is prevented by reason of "force majeure" (including but not limited to fire, war, death, accident, acts of God, natural disasters, riots, civil commotion, blockades or embargoes, pandemic or epidemic or the widespread of disease of any nature, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its agencies or regulatory bodies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delays in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of DFI or the Seller (as applicable)), DFI and the Seller (as applicable) shall be excused from such performance to the extent it is prevented from performing its obligations by reason of force majeure.

14.     Variations of Terms and Conditions

14.1    DFI reserves the right to amend these Terms and Conditions in its absolute discretion and without prior notice to Customers. The Customer is reminded to review the Terms and Conditions prior to submitting any Order. Once an Order is placed, the Customer is deemed to have accepted the Terms and Conditions prevalent at the time.

15.     Prevailing Language

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

16.     Third Party Rights

16.1.   Notwithstanding the Contracts (Rights of Third Parties) Ordinance (Chapter 623) and/or any comparable law in any jurisdiction, these Terms and Conditions are personal to and are made solely for the benefit of DFI, the Seller and the relevant Customer, and shall not create or give any rights to, or purport to confer any benefits on, any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any provision of these Terms and Conditions are expressly excluded and no provision of these Terms and Conditions are, or are intended to be, enforceable by any person not being DFI, the Seller or a Customer.  The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these Terms and Conditions, or any provision of these Terms and Conditions, are not subject to the consent of any third party (including DFI Retail Group Holdings Limited).

17.     Severability

17.1.   If any of the provisions in these Terms and Conditions are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable clause. Each clause and sub-clause in these Terms shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses.

18.     Applicable Law 

18.1.   These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region. The Customer, DFI and the Seller agree to submit to the jurisdiction of the Hong Kong courts.

19.     Rules on posting comments 

19.1.  Brief summary

19.1.1.          The aim of the rules specified in this clause 19 is to facilitate Customers’ expression of fair, objective and authentic comments based on their actual purchases, to which other Customers may refer.  These rules are based on the Privacy Policy and act as a reference for applying the Privacy Policy to Customers’ use of the commenting feature of this E-Comm Service.

19.1.2.          Customers must abide by the Privacy Policy and these Terms and Conditions.  In the event of discrepancy between the Privacy Policy and these Terms and Conditions, the Privacy Policy shall prevail. 

19.2.  Content of comments

19.2.1.          Customers may comment on Products and the delivery service based on actual Transactions settled by them after they have received the Products.

19.2.2.          Comments may consist of product reviews and delivery service reviews. Product reviews include ratings, comments, and delivery service reviews include ratings and comments.

19.2.3.          Customers currently do not have the ability to remove comments that they post on this E-Comm Service. 

19.3.  Principles of commenting 

Customers agree that their comments should be honest and acknowledge that their comments may be an important point of reference for other Customers and the Seller in connection with the relevant Product. Customers must not post comments that: 

19.3.1.          contain unlawful content or content that depicts acts of violence;

19.3.2.          are irrelevant to Products purchased by the Customer；

19.3.3.          consist only of numbers, random alphabet letters, garbled text, punctuation marks, or emoji；

19.3.4.          are obscene；

19.3.5.          include personal attacks and malicious falsehoods against any person；

19.3.6.          that repeats itself for 60% or more of the comment, and has no value as reference;

19.3.7.          that contravene applicable laws or the Privacy Policy. 

19.4.  Comment Moderation 

19.4.1.          To ensure fair, objective and authentic comments, DFI may implement technical means of regulating comments to prevent the posting of comments in violation of these Terms and Conditions, or comments that are malicious, inappropriate and abnormal that damage or impair this E-Comm Service’s commenting system, or maliciously disparage DFI’s or the Seller’s reputation.

19.4.2.          DFI has the sole right to determine whether comments posted by Customers and the notifications from DFI/the Seller regarding delivery services are accessible by other Customers.

19.4.3.          DFI reserves the right to delete comments generated in connection with transactions not made in accordance with these Terms and Conditions, including but not limited to comments that contain content that contravenes these Terms and Conditions, or fraudulent content, or relate to Transactions made by a Customer in collusion with third parties or merchants to influence ratings or rankings of any Product on this E-Comm Service.

19.4.4.          DFI may delete any comments that, in its opinion, contain negative and untruthful information, and were maliciously made by a Customer for the purpose of obtaining any benefit.

19.4.5.          DFI may delete or censor any profanity, promotional messages or meaningless content in comments posted about a Product, Transaction or after-sale services.

19.4.6.          DFI may censor or delete comments in its absolute discretion.

19.4.7.          In connection with the abovementioned comments or conduct of any Customer, DFI may, among other things, take actions to verify the identity of the relevant Customer, block, censor or delete comments of such Customer, restrict such Customer’s ability to post comments, and restrict such Customer’s ability to make purchases on this E-Comm Service.

19.4.8.          The Customer bears all legal responsibility in the case of any contravention of applicable laws and these Terms and Conditions by posting unlawful or copyright infringing content, or comments that do not comply with these Terms and Conditions. BY USING THIS E-COMM SERVICE, THE CUSTOMER AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO INDEMNIFY AND HOLD DFI, THE SELLER, AND ANY OF DFI’S AND THE SELLER’S DIRECTORS, EMPLOYEES, OFFICERS, AFFILIATES, AGENTS AND CONTRACTORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF THE CUSTOMER’S BREACH OF THESE TERMS AND CONDITIONS, THE CUSTOMER’S USE OF THIS E-COMM SERVICE OR THE ACTIONS OF ANY PERSON PLACING ANY ORDERS FOR PRODUCTS USING THE CUSTOMER'S LOGIN. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL DFI OR THE SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE CUSTOMER’S USE OF OR INABILITY TO USE THIS E-COMM SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF DFI AND/OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Customer gives consent and agrees to DFI’s and the Seller’s use of the Customer’s personal information when necessary, in accordance with the law and the Privacy Policy, or if requested or demanded by the Hong Kong Police Force, or the judiciary of Hong Kong, or any other applicable law enforcement authority.