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HKJC Online Store
Terms & Conditions of Use
1.1 This Gift at Races web site (the “Gift Shop”) is owned and operated by The Hong Kong Jockey Club of 1 Sports Road, Happy Valley, Hong Kong (“HKJC”). The use of the Gift Shop is governed by the following terms and conditions as amended from time to time (the “Terms and Conditions”). For the avoidance of doubt, despite the actual web address of the Gift Shop, the Gift Shop shall be deemed as if it were a website with second level domain name “.hkjc” and thus a Website as defined in the disclaimers as found on www.hkjc.com (“Group Disclaimer”) and subject to the Group Disclaimer.
1.2 By browsing the Gift Shop and/or placing any order (each, an “Order”) for products (each, an Ordered Product) on the Gift Shop, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Gift Shop.
1.3 The content of the Gift Shop will be updated from time to time, including these Terms and Conditions. HKJC encourages you to check these Terms and Conditions regularly. By continuing to use the Gift Shop after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.
2. Purchasing from Gift Shop
You may only purchase products from the Gift Shop for personal use or as gifts, and not for resale. HKJC may reject any Order if HKJC, on reasonable grounds, suspects that the Ordered Products are intended for resale.
2.2 Acceptance of orders
By placing an Order on the Gift Shop you are making an offer to purchase products on these Terms and Conditions. HKJC reserves the right to accept or reject your Order for any reason, including without limitation an error in your Order or the unavailability of the products. A contract to purchase products will only come into existence upon acceptance by HKJC of your Order. You may not cancel an Order once submitted.
2.3 Product descriptions
(a) Photographs, images and/or other illustration of products on the Gift Shop are for illustrative purposes only and should not be relied on as accurate representations of actual products.
(b) HKJC may change product descriptions for any product on the Gift Shop at any time.
2.4 Product availability
(a) Products available on the Gift Shop may be limited in supply and are only available while stocks last. HKJC reserves the right to limit the quantity of products which may be purchased by each customer.
(b) Despite HKJC’s best efforts, products may occasionally be displayed as in stock when they are in fact sold out. In such circumstances, HKJC reserves the right to handle the relevant accepted Order as it deems fit, including cancellation of such accepted Order (in which case any payment received will be refunded) or postponement of the delivery of the relevant Ordered Product according to, inter alia, the availability.
(c) HKJC may change, discontinue or substitute products on the Gift Shop at any time.
2.5 Pricing and payment
(a) The price of a product is as specified on the Gift Shop at the time you place your Order. HKJC may change prices for any product on the Gift Shop at any time.
(b) You acknowledge that despite HKJC’s best efforts, occasionally products may be displayed with incorrect pricing. In such circumstances, HKJC reserves the right to cancel an accepted Order, in which case any payment received will be refunded.
(c) The Gift Shop accepts payment processed by PayPal only. By placing an Order, you warrant that the payment card and/or PayPal account used for payment are your own and valid, that your payment will be processed without any hindrance and that the paid sum is cleared fund without any encumbrance. You acknowledge and agree that use of PayPal’s services shall be at your own risk.
(d) HKJC will not be required to deliver any of the products to you until you have made full payment of the price of the products Ordered and any other applicable charges (including delivery or freight charges, taxes).
(e) All tax as may be imposed on your purchase, your payment and/or delivery to you pursuant to any applicable laws and/or under any order of any competent authorities shall be borne by you.
(f) Further to the foregoing, you acknowledge that there might be taxes and/or charges in connection with your Order (and/or delivery thereof) beyond contemplation at the time of your check-out for that Order, and agree and irrevocably authorise that in case of any such charges which are more than a de minimus level, HKJC may by using your personal data and payment details, submit a relevant transaction for such charges to payment card or PayPal.
(a) HKJC will only deliver to valid addresses (excluding post office box). HKJC may reject an Order if an address or pick-up location is not provided at the time of placing an Order. HKJC may also cancel an Order if in HKJC’s opinions, delivery to the address as provided for that Order is impossible or unpractical.
(b) Unless otherwise indicated, you are responsible for paying all transport and delivery charges for your purchases on the Gift Shop.
(c) HKJC or its subcontractors may use any courier or other delivery service at its discretion, and HKJC or its subcontractors may at its discretion deliver products under the same Order in instalment. Within 7 business days from receipt of your Order, HKJC will place shipment order for your products and issue you with the relevant order number. For the avoidance of doubt, any Order received after 5 pm of a business day shall be deemed to be received at the beginning of the next business day.
(d) HKJC or its subcontractors will endeavour to deliver the products to the address specified in your Order within 14 business days (if the delivery address is within Hong Kong) or 21 business days (if outside Hong Kong). “Business days” throughout these Terms and Conditions means Monday to Friday, excluding Hong Kong public holidays. However, HKJC is not liable for any failure to meet any of these timeframes.
(e) HKJC insures each Order through transit up until it is delivered to you (or the specified recipient). Title to and risk in loss of and/or damage to the products shall be passed to you on the physical delivery of the products to the address specified in the Order.
(f) If you do not take delivery of the products when they are made available to you, or if you fail to provide accurate instructions, documents or authorisations to enable the products to be delivered or custom declaration to be made, HKJC or its subcontractors may, upon written notice to you, store the products until re-delivery is possible. In these circumstances, delivery will be deemed to have taken place and title to and risk in the products will be passed to you. HKJC may charge you for any expenses (including storage and insurance) arising from your failure to take delivery.
(g) HKJC or its subcontractors will not be liable for any delay or failure in delivery caused by or resulting from acts of God, natural disasters, fire, flood, civil disturbance, war, government intervention, industrial action, equipment failures or other causes beyond their reasonable control.
(a) All products sold by the Gift Shop are provided with a warranty of 14 days from the date where the product is delivered to the address specified in the relevant Order (Warranty Period). Returns will be accepted during the Warranty Period for the following reasons only (each subject to Clause 2.3):
(i) product is faulty on delivery or becomes faulty (other than by accidental or intentional damage or misuse) during the Warranty Period;
(ii) product is delivered damaged (which must be reported within 48 hours of delivery); or
(iii) incorrect product is delivered, and the product has neither been worn, washed or altered nor labelled as “non-returnable”.
(b) Returns will not be accepted for any other reason, such as change of mind.
(c) To return an item, please fill in the designated form on the Gift Shop during the Warranty Period to obtain a return authorisation and follow the instructions provided to you. For authorised returns, HKJC will bear the cost of return postage only if your obligations in this Clause 2.7 have been fulfilled.
(d) Products must be returned complete, in or with their original packaging and, except for faulty or damaged products, in resalable condition.
(e) If HKJC accepts a return, it will provide either a replacement or a refund of the product price and delivery costs at HKJC’s sole option. HKJC will bear the cost of delivering any replacement.
(f) Product exchange will be accepted if:
(i) the product is not labelled as “non-exchangeable” and has not been worn, washed or altered;
(ii) you have filled in the designated form on the Gift Shop within the designated period and obtained an exchange authorisation form the Gift Shop;
(iii) you return the product for exchange in or with their original packaging and in resalable condition; and
(iv) you bear all delivery charges, levies and taxes arising in connection with the product exchange.
Further, each product could only be exchanged once.
2.8 Feedback or Enquiry
HKJC appreciates your feedback. To make an enquiry, comment or complaint about Gift Shop, please fill in the designated form on the Gift Shop.
3. Intellectual Property
3.1 All materials as displayed or otherwise used by HKJC (“HKJC Materials”) are solely for the purpose of facilitating your shopping and HKJC reserves all rights, titles and interests in and to the HKJC Materials. Except for the direct purpose of recording any Order on the Gift Shop and other reasonable incidental purposes, you must not (a) copy, reproduce, modify, communicate to the public, adapt, transfer, distribute, download, display or store any of the contents of the Gift Shop and/or (b) incorporate any part of the Gift Shop into other web site(s) and/or application(s).
3.2 Further, nothing on the Gift Shop and/or in or through your access to or use of the Gift Shop shall constitute or create or confer on you (whether by way of assignment or licence) any rights, titles and/or interests in and to any HKJC Materials.
3.3 HKJC reserves the right to revise the content of, amend links from or withdraw access to the Gift Shop at any time without notice and without liability to you or any other person.
4. Your Obligations and Undertakings
4.2 You undertake and ensure that you will not transmit, distribute or otherwise communicate using the Gift Shop anything containing any malware or element which may affect the functionality of HKJC’s website or the Gift Shop; or cause damage to, interference with, or erode any data or system belonging to HKJC, its subsidiaries or any third party.
5. Personal data
5.2 For the purposes as contemplated in Clause 5.1 above, HKJC may disclose your personal data for the above purposes to: (i) suppliers, sub-contractors and delivery companies who provide services which assist HKJC to carry out the above purposes; (ii) your payment card issuer or PayPal; (iii) credit reference or fraud and/or crime prevention agencies; and (iv) government agencies and authorities as required or permitted by law.
Without prejudice to the Group Disclaimer, the Gift Shop and its entire contents are provided on an "as is" basis. HKJC and its directors, officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Gift Shop or its contents nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of the Gift Shop and/or for any liabilities, issues or problems as you may encounter in or in connection with your use of the Gift Shop (including delay, failure and/or interruption in any transmission in connection with your use). You should be aware that information current to a particular time or date as placed on the Gift Shop does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on the Gift Shop is updated.
7. Limitation of liability
7.1 To the maximum extent permitted by law, HKJC and its directors, officers, employees, agents and contractors will not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from: (a) your use or non-use of the Gift Shop; or (b) your reliance upon information obtained from the Gift Shop, whether under breach of contract, tort (including negligence) or on any other basis.
7.2 To the maximum extent permitted by law, HKJC’s and its directors’, officers’, employees’, agents’ and contractors’ aggregate liability for any loss, damage, claim, expense, cost (including legal costs) or liability arising from: (a) the ordering or purchase of products from the Gift Shop; (b) the late delivery or non-delivery of products from the Gift Shop; or (c) the use or performance of products from the Gift Shop, whether under breach of contract, tort (including negligence) or on any other basis, will be capped at the price of the products ordered and any other applicable charges, provided that such cap will not apply to any claim, action or demand relating to personal injury or death.
7.3 To the maximum extent permitted by law, HKJC and its directors, officers, employees, agents and contractors will not be liable for any loss of revenue or profits, loss of goodwill, loss or corruption of data, interruption of business or indirect, incidental, special or consequential damages arising from (a) the ordering or purchase of products from the Gift Shop; (b) the late delivery or non-delivery of products from the Gift Shop; or (c) the use or performance of products from the Gift Shop, regardless of whether such damages or losses could have been foreseen or prevented by HKJC.
7.4 To the maximum extent permitted by law, HKJC and its directors, officers, employees, agents and contractors will not be liable for any loss, damages, claims, actions or liability arising in connection with your use of PayPal’s services, including without limitation, with your compliance with the terms and conditions governing use of PayPal’s services.
8.1 You must not use the Gift Shop in any way which: (a) disrupts or otherwise adversely impair (or attempts to disrupt or otherwise impair) the Gift Shop or any of its services; (b) breaks, circumvents or otherwise compromise (or attempts to break, circumvent or otherwise compromise) the security of the Gift Shop, any of the HKJC’s web site or gain unauthorised access to any data; (c) sends any unsolicited electronic message; or (d) publishes or sends any message which is obscene, offensive, defamatory, illicit, threatening or otherwise illegal.
8.2 You agree to indemnify and keep indemnified HKJC and its directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, costs (including legal costs) or expenses which HKJC and its directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your breach of these Terms and Conditions or your intentional or negligent acts or omissions with respect to the Gift Shop or any part of it.
These Terms and Conditions are governed by and to be construed in accordance with the laws of Hong Kong. By using the Gift Shop you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Hong Kong. These Terms and Conditions will not affect any rights you may have under the laws of Hong Kong. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. HKJC’s failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by HKJC in writing. In the event of any inconsistency between the English and Chinese language versions of these Terms and Conditions, the English language version shall prevail.
10. "Your Design, Your Racing Souvenirs" Design Contest Terms and Conditions
1. By submitting your ideas/designs and participating in this game, the participants are deemed to agree and accept these terms and conditions (“Terms and Conditions”) and undertake to comply with all applicable laws and regulations in the course of participating in this contest.
2. All participants must be at least 18 years of age. The registered name of the participant must be the same as shown on his/her identity document issued by the relevant authorities. All prize winners will be required to present their identity document for verification upon prize collection.
3. The Hong Kong Jockey Club reserves the right to disqualify any entry with incorrect personal information or duplicate entries or entries that are not original or otherwise fail to meet entry requirement.
4. Employees of The Hong Kong Jockey Club and their immediate family members (being, spouse, parents and parents-in-law, children and children-in-law, siblings and siblings-in-law, grandparents and grandparents-in-law, and grandchildren and grandchildren-in-law, etc.) are not eligible to participate in this game. The Hong Kong Jockey Club reserves the right to verify the eligibility of all game entrants.
5. There is no fee to enter into this game.
6. Entries must be submitted within the period from 13th July at 00:00 to 14th Aug 2020 at 23:59 (both ends inclusive) to Gift at Races website. Submission time is measured by The Hong Kong Jockey Club's computer system. Late submission(s) or submission via other means will not be accepted.
7. Participants are required to submit their ideas of one or a series of racing souvenirs which must carry elements of horse racing of Hong Kong, without any restrictions on the design, usage, appearance, size, weight, materials, etc. Each entry must come with a text description of no more than 300 words (either in English or Chinese) illustrating the design concept, theme and elements of the design work. Download link of image / multimedia files to support your design concept (File format: JPEG, GIF, PDF, PPT, MP4, AVI, MOV) shall be submitted. Hard copies are not accepted.
8. Each participant can only win once. If more than one submission from the same participant is found, only the last submitted entry will be qualified.
9. All submissions must be the participant’s own original work, and should not infringe the rights (including copyright and other intellectual property rights) of any third party. Each entry to the competition must not contain content that is illegal, indecent, disturbing, provocative, offensive, intrusive, defamatory, or discriminatory of race, religion, gender or age, and must be free from virus, trojan, worms and other forms of malware.
10. The Hong Kong Jockey Club reserves the rights to disqualify or exclude any person from the competition in the event of any actual or alleged infringement of any intellectual property rights without notifications to the participants. The Hong Kong Jockey Club shall not be responsible whether directly or indirectly for any liability arising whatsoever or howsoever from any violation of any intellectual property laws.
11. Evaluation will be made by a judging panel based on the following judging criteria:
(a) Horse racing elements (The expression of theme and inspiration of the design): 40%
(b) Creativity and design concept (The use of colour and materials, the design and description of the design concept): 40%(c) Applicability and functionality (The actual use of the design and the function(s) performed by the products): 20%
Each winner acknowledges and agrees that (1) The Hong Kong Jockey Club shall not be subject to any obligation and/or binding promise in favour of the winner to proceed with production of any products based on, derived from or otherwise inspired by the winner’s design; and (2) where The Hong Kong Jockey Club elects to proceed with production of any products based on, derived from or otherwise inspired by the winner’s design, The Hong Kong Jockey Club shall, without prejudice to the generality of Clause 14(a) below, be entitled to produce more than one (1) product based on, derived from or otherwise inspired by such winner’s design.
12. The decisions of the judges are final and conclusive.
13. The participant hereby represents and warrants that the ideas/designs submitted are original and created by the participant himself/herself, and has not been previously used for any contest or published publicly. The participant also warrants that the idea/designs submitted will not infringe the interests or rights of any third party (including but not limited to contractual rights, user rights, copyright, and all other proprietary and intellectual property rights). In the event of the submitted ideas/designs being claimed or proved to be infringing any such third party rights, The Hong Kong Jockey Club reserves the right to revoke the award given to the relevant winner. The participant also agrees to indemnify The Hong Kong Jockey Club against all actions, claims, loss, damages, costs and expenses which it may incur or has incurred arising out of or in connection with any breach of any of the representations or warranties in this Clause 13.
14. Intellectual Property Rights
(a) For good and valuable consideration (of which the receipt and sufficiency are hereby acknowledged), each winner hereby irrevocably and unconditionally assigns and transfers to The Hong Kong Jockey Club all worldwide perpetual rights, titles and interest in and to the submitted ideas/designs (including without limitation, the right to copy, reproduce or publish all ideas/designs submitted in any media, or to produce any derivatives and the right to edit or modify the ideas/designs submitted) (“All Rights”). In the event that such assignment and transfer being impossible in any country or region, the winner undertakes to grant a perpetual, irrevocable, unconditional and exclusive free licence in respect of All Rights to The Hong Kong Jockey Club. The said assignment and transfer or grant of licence (as the case may be) shall take effect from the relevant submission and each winner undertakes that he/she has not done and will not do any act that may invalidate or otherwise impair such assignment and transfer or grant of licence (as the case may be).
(b) The winner hereby irrevocably and unconditionally waives all moral rights he/she may in relation to the submitted ideas/designs. In the event that such waiver being impossible in any country or region, the winner irrevocably undertakes not to assert any such moral rights.
(c) The winner hereby irrevocably undertakes that he/she will, at the request and costs of The Hong Kong Jockey Club, promptly execute all such documents and do such deeds as may be necessary to effectuate the above assignment and transfer (or licence, as the case may be) in Sub-Clause (a) above and/or the waiver in Sub-Clause (b) above, including without limitation, the necessary registration in any country or region.
(d) All rights, titles and interest in and to the submitted ideas/designs (including without limitation, the right to copy, reproduce or publish all ideas/designs submitted in any media, or to produce any derivatives and the right to edit or modify the ideas/designs submitted) of other participants shall remain with the relevant participants, nevertheless each such participant irrevocably undertakes that:
(i) In his/her exploitation or use of any idea/design submitted or any part thereof or any derivative thereof, in howsoever manner, he/she shall in no event mention, imply or otherwise suggest that the idea/design submitted (whether in solus or together with any other ideas/designs) has been submitted for participation in this game; and(ii) Any elements of any intellectual property or of proprietary material in any form of The Hong Kong Jockey Club as may be incorporated in any idea/design submitted shall be removed before his/her exploitation or use of any idea/design submitted or any part thereof or any derivative thereof.
15. Each participant agrees that The Hong Kong Jockey Club may use his/her name, voice, image and/or likeness for promotional and/or record purpose of this game (including without limitation, organisation of any other activity in connection with this game and/or the subject matter thereof).
16. The prize is non-transferable and not redeemable for cash.
17. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. Both the participants and The Hong Kong Jockey Club agree and acknowledge that (1) they do not intend any term of these Terms and Conditions to be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap 623); and (2) these Terms and Conditions shall be excluded from the application of the Contracts (Rights of Third Parties) Ordinance.
18. The Hong Kong Jockey Club reserves the right to amend any of these Terms and Conditions at any time without prior notice.
19. In cases of disputes regarding these Terms and Conditions, conduct, results and all other matters relating to this game, the decision of The Hong Kong Jockey Club shall be final.
21. These Terms and Conditions are available in both Chinese and English versions. In the event of any inconsistency between the two versions, the English language version shall prevail.