Market Place WhatsApp Terms and Conditions

Market Place WhatsApp Terms and Conditions

 

Please read all of these Terms and Conditions carefully before using Market Place WhatsApp.

Market Place WhatsApp is a service provided and operated by Market Place . By using Market Place WhatsApp, you agree to these terms and conditions (the "Terms") and as they may be amended thereafter.  Only the account with a green badge next to the WhatsApp contact’s name is the official account of Market Place verified by WhatsApp.

All conversations (including but not limited to text, image, voice, video) are transmitted to and stored in Market Place and its authorised third parties, including data processors overseas.  Please read our company's Privacy Policy before submitting any information.  By using this Service and providing personal data to Market Place , you accept and agree to be bound by these Terms, our Privacy Policy and the WhatsApp Privacy Policy and Terms of Service constraint.


All offers and services mentioned in this Service are subject to the relevant terms and conditions, and our company reserves the right to change without prior notice.

  1. Definitions
    1. Certain terms used in these Terms have the following meanings:
      "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
      "Third Party Materials" means software, text, data, images, photos, graphics, videos, marks, logos, materials or information (those available via links to third party websites) provided, uploaded, transmitted, submitted, or posted by or sourced from third parties (including merchants or service providers).

"Market Place " or "the Company" or “we” or “our” means Market Place (The Dairy Farm Company, Limited, trading as Market Place ).

"Market Place WhatsApp" or "the Service" means the virtual service that enables you to communicate (including but not limited to via text, image, voice, video) with us through the WhatsApp platform and the Market Place WhatsApp Subscription Service and/or the Market Place WhatsApp Customer Service.
 “Market Place WhatsApp Customer Service” means an electronic message service through which Market Place provides services to customers regarding their enquires or complains.

 "Market Place WhatsApp Subscription Service" means an electronic message service through which Market Place transmits product offers and event information from time to time according to customer subscription preferences.
"WhatsApp" and "WhatsApp Messenger" means instant messaging software provided by WhatsApp Inc. and owned by Meta Platforms, Inc.

"You" or “your” is reference to the person to whom the Company provides services or delivers goods.
 

  1. Amendment of these Terms

2.1   The Company may, in its sole and absolute discretion, amend these Terms from time to time without liability to you.  The Company will upload any revised terms of these Terms on WhatsApp.  If you continue to use the Service after these Terms have been revised, you will be deemed to have accepted the revisions and agree to be bound by the revised Terms.  If you do not accept the amendments, you should stop using the Service.

  1. Licensed Rights

3.1   In consideration for your agreement to abide by these Terms, the Company grants you a non-transferable, non-exclusive, revocable license to use the Service solely for your use of the Service on your mobile device within Hong Kong.  This Service is for your personal use only.

  1. The Company’s Intellectual Property Rights

4.1   You acknowledge and agree that all rights in the Service and its content (including all trademarks, service marks, trade names and logos used in relation to them, any text, images, links and sounds, and content available through links to third parties), are owned exclusively by the Company or its third-party licensors.  You have no rights, title or interest in the Service or its content, and have no right to use it, save for the limited license granted under Licensed Rights.  You shall not use any such trademark, service mark, trade name or logo of the Company or its third party licensors, or any other intellectual property rights of the Company for any purpose.  Nothing in these Terms shall be construed as granting you any rights to such trademarks, service marks, trade names, logos or intellectual property rights.

  1. Privacy

5.1  You can register to use this Service with your personal phone number. Your salution, name, phone number will only be stored and used by the Company to provide, improve and analyse the Service.

5.2   Market Place WhatsApp will not disclose or ask you to disclose any sensitive personal data, account information, passwords and other credentials during the conversation.  Please refrain from revealing any sensitive personal data, account information, passwords and other credentials.  The Company also reminds you not to spread such information and keep such information confidential and your device secure.

5.3   Use of this Service is subject to the terms set out in the Company's Privacy Policy.  By using this Service and providing personal data to Market Place , you accept and agree to be bound by these terms.

5.4   Your use of this Service is subject to WhatsApp's Privacy Policy and Terms of Service (please refer to https://www.whatsapp.com/legal/).  It is your responsibility to review and accept WhatsApp's terms and policies before using the Service.  The Company is not obliged to notify you the applicable terms and policies prescribed by WhatsApp from time to time.  You are required to ascertain and observe those terms and policies.  The Company is not responsible for any acts or omissions of WhatsApp, including how WhatsApp collects, uses, transfers or handles your personal data or obtains your content.

5.5   All information and conversations (including but not limited to all texts, images, voices, videos) you provide will be analysed to improve the accuracy and quality of this Service and to provide shopping services.  Such conversations and information will be retained by the Company and service providers for two years.

5.6  The network location data shared by you will only be used to answer inquiries.  Internet location data will be treated as conversational content and retained for two years.

  1. Your conduct
    You agree that:

6.1   You shall be solely responsible for any breach of your obligations under these Terms and for your actions or omissions, and the Company shall not be liable to you or any other person in respect of such matters;

6.2   You shall only use the Service and its content for the purposes expressly permitted by these Terms;

6.3    You shall not disassemble, decompile or restore the Service;

6.4     You shall not engage in any activity that interferes with or disrupts the Service, or the servers and networks through which the Service is provided;

6.5     You shall not copy, modify, reproduce, download, republish, sell, distribute, create derivative works from or resell the Service or its content (in whole or in part);

6.6     You shall not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to the Service, or other telecommunications or computer systems or devices, or any data transmitted through or stored on them;

6.7     You shall not take any action or allow any other person to take any action that would enable you, or any other person, to gain unauthorised access to, monitor or tamper with or use any computer systems or networks of the Company or through which the Service is provided;

6.8     You shall not use the Service or its content in any way that is unlawful or breaches any applicable laws, or promotes illegal activities;

6.9     You shall not contravene or infringe the rights of any other person;

6.10   You shall not use the Service or its content in any way to send, communicate or upload any materials or contents, or engage in any behaviour or activities that are harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing, or to send unsolicited communications, promotions, advertisements or spam messages;  and

6.11   You shall not use the Service or its content to impersonate another person or otherwise misrepresent an affiliation with another person or entity in a manner that does or is intended to mislead, confuse or deceive others.

  1. Market Place WhatsApp Service

7.1   The business hours of Market Place WhatsApp Customer Service are Monday-Friday 8am-8pm, Saturday, Sunday and public holidays 9am-5pm.  

7.2    The Company will reply as soon as possible upon receiving your messages, yet delayed response may be expected during peak periods.

7.3    The Company has the right to determine or specify the service scope and functions of the Service from time to time, and the Company may cancel, withdraw, suspend, vary, expand or reduce the Service at any time without giving notice or reason.

7.4     To use the Service, you should:

a)           maintain a valid WhatsApp account; and
b)          register for the Market Place WhatsApp  by completing the steps specified by the Company.

7.5    Any information or communication contained in electronic message received by you or any other persons under the Service should not be regarded as an offer or solicitation to subscribe to any products or services.

7.6   Video call shall be on one-to-one basis.  No group video call is allowed.

  1. Third Party Materials

8.1   Market Place WhatsApp and its content may contain Third Party Materials.  You acknowledge and agree that the Company has no responsibility or liability in relation to the Third Party Materials, and has no obligation to actively monitor or exercise any control over them.  The Company does not endorse, verify or make any warranties or representations in relation to any Third Party Materials. You use or rely on the Third Party Materials at your own risk.

8.2   Market Place WhatsApp may offer access to Third Party Materials which include product information and marketing materials prepared and/or issued by persons other than the Company (together, "Third Party Information"), and may provide reports compiled from such Third Party Information in any form, medium or means.  These Third Party Information may be provided in Market Place WhatsApp or accessible via hyperlinks sent through Market Place WhatsApp to third party websites or resources (“Third Party Websites”).  The contents, accuracy, completeness, timeliness, opinions or views expressed, and other links provided via the Third Party Information or at these Third Party Websites are not investigated, verified, monitored or endorsed by the Company.  The Company expressly disclaims any responsibility for the contents, their availability or errors or omissions of Third Party Information found on Market Place WhatsApp or any of the Third Party Websites that link to or from Market Place WhatsApp.

8.3     You are solely responsible for making all enquiries or investigation before proceeding with any online or offline access or transaction through the Third Party Websites.  You understand and accept that all activities conducted by you via or in Market Place WhatsApp are at your own risk.  The Company does not warrant the security of any information that you may forward or provide to any person via the Third Party Websites.  You irrevocably waive any claim against the Company for any loss, damage or expenses which you may incur or suffer arising from or in connection with any access to or interaction with any of the Third Party Websites via Market Place WhatsApp.

8.4     Hyperlinks to other Market Place websites or e-shops (“Company Websites and e-shop”) may be included in the Market Place WhatsApp for your convenience.  The products and services offered on the Company Websites and e-shop may be limited to persons located or residing in a specified jurisdiction.  In addition, the contents on the Company Websites and e-shop may not be intended for persons located or residing in any jurisdiction that prohibits or restricts the distribution of such contents.  The terms and conditions governing the use of the Company Websites and e-shop offered by Market Place may differ.  You should carefully read the terms and conditions applicable to each of the Company Websites and e-shop before using or browsing them.

  1. Limitation of Liability

9.1   Except as set out in Clause 9.2, the Company shall not be liable to you for any loss, damage or expense of any kind which you may incur or suffer arising from or in connection with:

a)            Your use or inability to use the Service, its content or any Third Party Materials provided via Market Place WhatsApp; 
b)            any failure, interruption or delay in providing the Service for any reason (including as a result of failure or error of any computer or electronic system or equipment);
c)            any delay, loss, diversion, interception, alteration or corruption of any message sent to you or received from the Company;
d)            any loss or damage to your data, software, mobile device or other equipment arising from or in connection with your use of the Service;
e)            any fault or error from using WhatsApp, or act or omission of WhatsApp Inc.

9.2     If it is proved that the events in Clause 9.1 were caused by the negligence or wilful default of (a) the Company, (b) the Company's agents, or (c) the officers or employees of the Company or its agents, then the Company will be liable for any loss and damage you incur or suffer that is direct and reasonably foreseeable arising directly and solely from such negligence or wilful default.

9.3     The Company is not liable for any loss, cost or damage or any kind incurred or suffered by you as a result of any interruption, delay or failure, whether total or partial, direct or indirect in providing the Service to you to the extent that it is attributable to any cause or circumstance that is beyond the reasonable control of the Company or its agents.

9.4     The Company’s maximum aggregate liability to you or any person for any and all loss, cost or damage arising out of or in connection with these Terms will be limited to HK$800.

  1. Security

10.1   You agree that the Service is for your sole and exclusive use and you must take all reasonable precautions to prevent any unauthorized or fraudulent access to your WhatsApp account or any electronic message sent to you under the Service.

10.2   You are solely responsible for ensuring adequate protection and back up of data and/or equipment for your mobile device, including taking reasonable and appropriate precautions.

  1. General Disclaimers

11.1    Only general information of Market Place products and services will be provided via the Service. 

11.2    For the general enquires and the Service, they are handled by Market Place customer services centre.

11.3    Market Place WhatsApp is primarily intended for those who access it from within Hong Kong.  Products and services referred to in the Market Place WhatsApp are offered only in jurisdictions where and when they may be lawfully offered by Market Place.  The Service and its content are not intended for use by persons located in or resident in jurisdictions which restrict the distribution of the content by the Company.  You are required to inform yourself about and observe any relevant restrictions.

11.4    The Company has discretion whether or not to provide any information, products or services described in Market Place WhatsApp to any person.  Any information, products or services described in Market Place WhatsApp may be withdrawn or amended at any time without advance notice at the discretion of the Company.

11.5    You agree that your use of the Service and its content is at your sole risk and that the Service and its content are provided on "as is" and "as available" basis.

11.6    To the fullest extent permitted by applicable law, the Company expressly disclaims all representations and warranties of any nature or kind, whether express or implied, in relation to the Service and its content, or Third Party Materials provided in Market Place WhatsApp, including but not limited to any implied representations and warranties of quality or fitness for a particular purpose.

11.7   The Company makes no representations or warranties as to the accuracy, quality, completeness, timeliness, adequacy, security, reliability or validity of the Service, its content or Third Party Materials, and that your use of the Service, its content or Third Party Materials will be uninterrupted, timely, secure, free of any error or defects, or free of any viruses, instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to any telecommunications or computer systems devices,  or any data transmitted through or stored on them, or that defects in the operation or functionality of the Service, its content or Third Party Materials will be corrected.

11.8    The Market Place WhatsApp official account is opened at WhatsApp.  The Company cannot make any representation, guarantee, warranty or agreement of any kind as to the function, quality, security or applicability of WhatsApp.  The Company cannot warrant that there will be no leakage of any personal data, failure of transaction or information error caused by WhatsApp (such as any problems with its user platform).  The Company does not assume any liability or responsibility for any failure to browse the contents contained in Market Place WhatsApp or any loss, damage or expenses of any kind which you may incur or suffer due to any factors beyond our reasonable control, including any equipment failure or malfunction, any act or omission of WhatsApp or any third parties, electricity suspension or lack of equipment, installation or facilities.

  1. Termination

12.1    The Company has the right to suspend or terminate all or any part of Market Place WhatsApp at any time at its sole discretion without notice or without giving reason.

12.2    The Company has the right to terminate your license to use Market Place WhatsApp and its content immediately without giving you notice or reason if:

  1. you have seriously or persistently breached any of the terms of these Terms; or
  2. the Company knows or reasonably suspects that you have committed or are about to commit fraud or any other illegal or improper act; or
  3. you are not eligible or entitled to use Market Place  WhatsApp for any reason; or
  4. if Market Place WhatsApp official account or your account is withdrawn by WhatsApp for any reason; or
  5. if termination of WhatsApp services by WhatsApp Inc.

12.3    You may terminate using the Service and its content at any time by stop using Market Place WhatsApp. You may unsubscribe to the Market Place WhatsApp Subscription Service by managing your subscription preferences.

  1. Severability

13.1    If any provision of these Terms is or becomes illegal, invalid or unenforceable, such illegality, invalidity or unenforceability does not affect any other provisions which remains in full force, validity and effect.

  1. Entire Agreement

14.1    These Terms contain the entire agreement between you and the Company in respect of its subject matter.

  1. Waivers and Remedies

15.1     A waiver by the Company of any provision of these Terms will be effective only if given by the Company in writing and any such provision is waived only to the extent that is expressly stated in the Company’s written notice. No failure or delay by us in exercising any right, power or remedy will operate as a waiver of that right, power or remedy.  Nor will any single or partial exercise preclude any other or further exercise of a right, power or remedy.  Any right, power or remedy under these Terms is intended to be cumulative and in addition to any other right, power or remedy the Company has in law.

  1. Assignment

16.1    You may not transfer any of your rights or obligations under these Terms without the prior written consent of the Company.  The Company may transfer its rights or obligations to any other person without your consent.

  1. Third Party Rights

17.1   No person other than you and the Company will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms.

  1. Information

18.1    If there is any inconsistency or ambiguity between the information provided by Market Place Whatsapp and Market Place official website, the information provided in Market Place official website shall prevail.

  1. Governing Law and Jurisdiction

19.1    These Terms are governed by and will be construed according to Hong Kong laws. You can submit to the non-exclusive jurisdiction of the Hong Kong courts. These Terms may be enforced in the courts of Hong Kong.

  1. Governing Version

20.1    The English version of these Terms prevails to the extent of any inconsistency between the English and the Chinese versions. Any Chinese versions of these Terms is for reference only.

 

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