This is a demo store. No orders will be fulfilled.
Terms & Conditions
TERMS AND CONDITIONS | EZZYCLICK HONG KONG
The term EzzyClick (hereinafter ‘the company’, ‘us’, ‘we’ or ‘our’), our company is registered in Hong Kong. The term “you” refers to the user or viewer of our website.
The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
EzzyClick reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
- Any content on this website and mobile applications, such as trademark, logo, graphics, audio clip and other item appearing are for references only. It is subject to change at any time without prior notice and at discretion.
- Whilst we endeavor to ensure the accuracy of the Information on this application and website, no express or implied warranty is given by the company to the accuracy of the Information. We shall bear no responsibility for any incorrectness or leakage. Every effort is made to maintain the accuracy of all information.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked websites.
- We are not liable for any damages (including but not limited to computer virus, system problems or data loss) whatsoever arising in using or in connection with the use of this application by any party.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Hong Kong.
- By visiting our site, registering an account with us, providing us with your details which includes but not limited to email address, purchasing through us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, Services and/or Content, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
- Any new features or tools which are added to the stores shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your sole responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- We provide merchants with the online e-commerce platform that allows them to sell their products and provide the Services to you. You consent to having your personal information, including your User Content, transferred or processed by EzzyClick and its merchants. You also acknowledge that your purchase of and access to and use of the Services and the Content may be subject to local and international laws applicable to EzzyClick Services, and it shall be your sole responsibility to ensure that you purchase, access or use the Services and the Content only in compliance with such applicable laws.
- We do not warrant that the materials on the Site are appropriate or available for use in locations outside Hong Kong SAR. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
1.1 Who we are
Depending on which Platform you access and use, these Terms form the contract between you and the following EzzyClick entities:
- EzzyClick Hong Kong (www.ezzyclick.com)
1.2 What we do
Through our Platforms, EzzyClick links you to the vendors (“Vendors”) for you to order a variety of goods including grocery food, frozen/non-frozen food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors (“Order”), EzzyClick acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.
1.3 How to contact us
For customer support, you may reach out to us via email, i.e., email@example.com or through our website customer support chat feature.
2. Use of the Platforms and EzzyClick Account
2.1 You will need to register for an EzzyClick account for you to use the Platform. When you register for an EzzyClick account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your EzzyClick account are your sole responsibility.
2.2 EzzyClick shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
2.3 If you wish to delete your EzzyClick account, please send us an email requesting the same. We may restrict, suspend or terminate your EzzyClick account and/or use of the Platforms, if we reasonably believe that:
2.3.1 someone other than you is using your EzzyClick account; or
2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.
3.1 Activities Prohibited on the Platforms
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. EzzyClick reserves the right to investigate and take appropriate legal action against anyone who, in EzzyClick's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by EzzyClick in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by EzzyClick in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by EzzyClick in its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of EzzyClick, exposes EzzyClick or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities as described herein.
3.2 EzzyClick reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a user’s access to the Platforms or their EzzyClick Account upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
4. Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of EzzyClick and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of EzzyClick's trademarks on any other website not approved by us is strictly prohibited. EzzyClick will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. EzzyClick neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with EzzyClick. Use of any materials on the Platforms is at your own risk.
5. Restrictions on Goods
5.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age. EzzyClick, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol;
5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse delivery to any persons for any reason whatsoever.
5.3 Cigarettes/Tobacco Products (“Tobacco”)
5.3.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.
5.3.1 To purchase Tobacco, you must be of the statutory legal age. EzzyClick, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
- to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
- to refuse delivery if you are unable to prove you are of legal age; and/or
- to refuse delivery to any persons for any reason whatsoever.
5.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.
6.1 When you place an Order with EzzyClick, EzzyClick will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
6.2 Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.3 Special Instructions – EzzyClick and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, EzzyClick and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither EzzyClick nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens – EzzyClick is not obligated to provide ingredient information or allergen information on the Platforms. Further, EzzyClick does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.
6.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
6.6 Prior to placing the Order
6.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
6.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.
6.7 Placing the Order
To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.
6.8 Cancelling an Order
6.8.1 Please contact us immediately via our website customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.
(i) Online Payment Orders
You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
(ii) Cash-on-Delivery Orders
You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.
6.9 EzzyClick reserves the right to cancel any Order and/or suspend, deactivate or terminate your EzzyClick account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your EzzyClick account and/or with your Order.
7. Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2 The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may:
7.2.1 include GST, VAT or such other equivalent tax; or
7.2.2 exclude GST, VAT or such other equivalent tax.
A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you opt to collect your Order directly from the Vendor (“Pick-Up”);
7.3.2 you have a valid promotional or discount voucher and apply it at Checkout; or
7.3.3 unless stated otherwise.
7.4 Prices indicated on the Platforms are as at the time of each Order and may be subject to change.
7.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
7.5.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay;
7.5.2 Cash-on-Delivery; or
7.5.3 Such other payment method we offer from time to time.
7.6 If you have existing credit in your EzzyClick account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.
7.7 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
7.8 Payment Methods
EzzyClick reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. EzzyClick does not store your credit card or payment information.
7.9 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, EzzyClick takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
8. Delivery, Pick-Up and Vendor Delivery
8.1 Delivery Areas
You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Delivery Time
8.2.1 EzzyClick shall deliver your Order to the delivery address provided by You. You may choose for the next available date to get your order delivered; you can schedule for specific time of the selected date. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g., order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, EzzyClick reserves the right not to deliver your Order to you.
8.3 Unsuccessful or Failed Deliveries
8.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the Order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
(v) in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.
8.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, EzzyClick reserves the right to cancel the Order without refund or remedy to you.
8.4 Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g., wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.3 above immediately. In some cases, EzzyClick may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will contact the vendor on your behalf and create an RMA to proceed with refund/replace order. Please bear in mind that it is sole responsibility of the vendor to either/refund/replace the goods. EzzyClick is just an intermediary between customer and vendor.
8.5 Order Pick-Up
8.5.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises ("Store Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
8.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.
8.6 Vendor Delivery
In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. EzzyClick shall not be responsible in any way for Orders or Goods that are delivered by Vendors.
9. Vouchers, Discounts and Promotions, Gift Card
9.1 From time to time, EzzyClick may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
9.4 Vouchers cannot be exchanged for cash.
9.5 EzzyClick reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply
9.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.
9.7 The EZZYCLICK GIFT CARD TERMS AND CONDITIONS (“Terms”) govern use on EzzyClick’s website and/or on mobile applications for Hong Kong (collectively “Platform”) by a corporate user, partner and/or such party that we wish to offer the sale of the Gift Card to (collectively “You” or “Your”).
9.7.1 Gift Card
- Once a payment is successfully made, the Gift Card shall be delivered to Your registered email address with Us within two to three (2-3) business daysfrom the date ofpayment in full/quotation signed. For bespoke Gift Card (which are those designed specifically for Your needs) shall be delivered to Your registered email address with Us within seven to ten (7-10) business days from the date of payment in full/quotation signed.
- The validity period ofthe Gift Card shall be determined by us at our sole discretion and shall be notified to Your email address with Us (“Validity Period”).
9.7.2 Use of Gift Card.
- The Gift Card can be used to make any purchasesfrom the Platform (“Order”) and You are entitled to deduct the value ofthe Gift Card from the total price of the Order.
- Unless stated otherwise, the Gift Card is not restricted to any minimum order value.
- In the event that the value ofthe Gift Card is insufficient to set offthe total price of the Order (excluding delivery fee), You shall be required to pay the remaining Order value via the payment methods that are made available by Us from time to time on the Platform.
- The Gift Card must be applied at the check-out page prior to making a payment.
- Unless stated otherwise, only one (1) Gift Card can be applied and be redeemed based on per Order.
- Any use ofthe same Gift Card made outside ofthe Validity Period shall be invalid and be rejected.
- Unless stated otherwise, Gift Cards are not valid in conjunction with other promotions or discounts.
- No partial redemption ofa Gift Card shall be allowed.
- The Gift Card cannot be exchanged or redeemedfor cash, nor shall it be transferable or be used to purchase additional vouchers.
9.7.3 Redemption of Gift Card
- In order to redeem the Gift Card, Youshall:-
- a) place the Order on the Platform; and
- b) at the check-out page, click on ‘Do you have a voucher’ and input the unique codefound on the Gift Card accordingly.
- Thereafter, the value ofthe Gift Card shall be deductedfrom Your Order.
9.7.4 EzzyClick reserves the right not to accept any Gift Card or otherwise limit the use of a Gift Card if we reasonably believe that the use of the same is unauthorized, fraudulent or otherwise unlawful.
9.7.5 EzzyClick reserves the right to change, revise or amend the Terms herein and/or cancel, revise or reject any redemption, discounts or promotions in relation to the Gift Card at any time without notice and without any liability or compensation whatsoever to You or to any person. Any decision made by EzzyClick in relation thereto shall be final and binding on all persons.
9.7.6 EzzyClick shall not be liable to any person (including You) and/or be liable to offer replacement of any Gift Cards, cash or otherwise compensate any person (including You) for expired, invalid, discontinued or cancelled Gift Cards; improper use of, or inability to redeem any Gift Card; or the inability to redeem a Gift Card due to technical issues.
9.7.7 In case of any dispute, the decision of EzzyClick shall be final and conclusive on all matters related to the Gift Card.
10. Representations, Warranties and Limitation of Liabilities
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While EzzyClick makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
Limitation of Liability
To the extent permitted by law, EzzyClick (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The EzzyClick entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the EzzyClick entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, EzzyClick, the EzzyClick entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
10.3 Vendor’s representations
EzzyClick shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. EzzyClick does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
11. Vendor Liability
Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. EzzyClick shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
12. General Conditions
- You represent and warrant that if you are registering for the Services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian. If you are registering for the Services for and on behalf on an entity that is not a natural person, you represent and warrant that you are authorized to enter into this agreement and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Your access and use of the Services shall be at your own discretion and risk, and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined, including your username and password and all activities in connection with or that occur on or through your Account, as defined below.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please note that credit card information is always encrypted during transfer over networks.
13. Delivery areas
- As our Company (Ezzyclick) is a start-up and our services are continuing to expand in Hong Kong , there may be times when some areas will not be covered by our Services. The delivery areas are decided by the each vendor on our website. Please keep in mind that EzzyClick does not have any say in it.
- To determine if your area is covered by EzzyClick Services, please enter your location in the "Shop from the nearest stores by entering your location" section on our main Site. Merchants with a “van” icon next to their store name indicate that the store delivers.
- Information regarding minimum order quantity/ delivery charges, prices, stock in/stock out details on our website and application are provided by merchants. EzzyClick does not hold any responsibility of such information.
14. Accuracy, Completeness and Timelines of Information
- Ezzyclick is not responsible for accuracy of content on this website. The main motive on this site to provide for general information and users should not be relied upon as the only basis for making decision with consulting primary, more accurate, more complete or appropriate source of information. Any reliance on the material is at your own risk.
- This Site may contain certain historical information accommodated your references just and may not be current and up-to-date. We maintain whatever authority is needed to adjust the substance of this site whenever, yet we have no commitment to update any data on our site. You acknowledge and understand that it is your duty to screen any changes to our Site
15. Modifications to the Provision of Services and Prices
- We standby the right, to modify the prices (of products) at any time without any further notice and off course with the consent of the related merchant/ vendor.
- We standby the right, to modify or discontinue the services (or any part) without any further notice
- We repudiate all obligation to you or to third party for any modifications to the services, including limited to alteration, price changes, suspension of the service.
16. Account Information
- To access certain parts of the Site, Services and/or Content, you will be required to register for an account with EzzyClick ("Account"). In so doing, you will be required to input your e-mail ("Login ID") and password ("Password"). Or by clicking on Google plus/ Facebook signs, you allow EzzyClick to automatically obtain your information for sign in purpose. It is solely duty of users to give accurate information to require EzzyClick services which also includes delivery addresses, contact phone number, name and other related information.
- It is your responsibility to safeguard and maintain the confidentiality of your Login ID and Password. You agree and undertake to:
- You are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password. You agree not to:
- share or permit others to use your Account or Password; or
- assign or transfer your Account to any other person or entity.
- You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account.
- We have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, loss, theft, or unauthorized disclosure of your Password, please notify us immediately at: firstname.lastname@example.org
17. Products or Services (if applicable)
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
18. – Accuracy of billing and account information
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
19. – Optional tools
- We may not provide you with access to third-party tools over which we monitor nor have any neither controls nor input.
- You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
20. – Third-party links
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
21. – User comments, feedback and other submissions
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
22. – Personal Information
23. – Errors, inaccuracies and omissions
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
24. – Prohibited Uses
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
25. – Disclaimer of warranties; Limitation of Liability
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall EzzyClick, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
26. – Indemnification
- You consent to reimburse, defend and hold harmless EzzyClick and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
27. – Severability
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
28. – Termination (users)
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
29. Section 17 – Entire Agreement
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
30. – Governing Law
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HKSAR.
31. – Changes to terms of service
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
33. - Personal Data (Personal Information) Protection
You agree to indemnify, defend, hold harmless EzzyClick, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
35. Third Party Links and Websites
The Platforms may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. EzzyClick does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. EzzyClick accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.
EzzyClick has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if EzzyClick, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. EzzyClick may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
EzzyClick may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
39. Governing Law
These Terms shall be governed and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant EzzyClick entity is incorporated as set out in the table below. The following courts will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms:
- EzzyClick Hong Kong (www.ezzyclick.com)
40. Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email at email@example.com or via our website customer support chat feature.
41. Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.