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Terms and Conditions

Terms and Conditions

WEBSITE AND APPLICATION TERMS AND CONDITIONS OF USE

1) About the Website

a) Welcome to http://www.kinfoodhalls.com (the ‘Website‘) and shop.kinfoodhalls.com (the ‘Shop‘). The Websites contains general information about KIN Food Halls.

b) The Website is operated by KIN Food Halls (72630944-001-02-22-A). Access to and use of the Website, or any of its associated Products or Services, is provided by KIN Food Halls. Please read these terms and conditions (‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

c) KIN Food Halls reserves the right to review and change any of the Terms by updating this page at its sole discretion. When KIN Food Halls updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2) About the Application

a) Welcome to Kin App (the ‘Application’). The Application provides you with an opportunity to browse and purchase various products that have been listed for sale through the Application (the ‘Products’). The Application provides this service by way of granting you access to the content on the Application (the ‘Purchase Services’).

b) The Application is operated by KIN Food Halls (72630944-001-02-22-A), is provided by KIN Food Halls. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Purchase Services, immediately.

c) KIN Food Halls reserves the right to review and change any of the Terms by updating this page at its sole discretion. When KIN Food Halls updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

3) Acceptance of the Terms

a) You accept the Terms by remaining on the Website and the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by KIN Food Halls in the user interface.

4) Registration to use the Application Purchase Services

a) in order to access the purchase services, you must first register as a user of the application. as part of the registration process, or as part of your continued use of the purchase services, you may be required to provide personal information about yourself (such as identification or contact details), including:

i) Email address
ii) Preferred username
iii) Mailing address
iv) Telephone number
v) Password

b) You warrant that any information you give to KIN Food Halls in the course of completing the registration process will always be accurate, correct and up to date.

c) Once you have completed the registration process, you will be a registered member of the Application (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services

d) You may not use the Purchase Services and may not accept the Terms if:

i) you are not of legal age to form a binding contract with KIN Food Halls; or
ii) you are a person barred from receiving the Purchase Services under the laws of Hong Kong or other countries including the country in which you are resident or from which you use the Purchase Services.

5) Your obligations as a Member

a) As a Member, you agree to comply with the following:

i) You will use the Purchase Services only for purposes that are permitted by the Terms;
ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify KIN Food Halls of any unauthorised use of your password or email address or any breach of security of which you have become aware;

d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of KIN Food Halls providing the Purchase Services;

e) you will not use the Purchase Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by KIN Food Halls for any illegal or unauthorised use of the Application; and

g) you acknowledge and agree that any automated use of the Application or its Purchase Services is prohibited.

6) Purchase of Products and Returns Policy

a) In using the Purchase Services to purchase the Product through the Application, you will agree to the payment of the purchase price listed on the Application for the Product (the ‘Purchase Price‘).

b) Payment of the Purchase Price may be made through one of the following third party providers: Stripe, Checkout.com, eftPay (the ‘Payment Gateway Providers‘) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

c) Following payment of the Purchase Price being confirmed by KIN Food Halls, you will be issued with a receipt to confirm that the payment has been received and KIN Food Halls may record your purchase details for future use.

d) KIN Food Halls may, at their sole discretion, provide a refund on the return of the Products within 3 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

7) Warranty

a) Not applicable on fresh food items.

8) Delivery

a) You acknowledge that the Purchase Services offered by KIN Food Halls integrate delivery (the ‘Delivery Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).

b) In providing the Purchase Services, KIN Food Halls may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that KIN Food Halls is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

c) In the event that an item is lost or damaged in the course of the Delivery Services, KIN Food Halls asks that you:

i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
ii) contact us by sending an email to info@kinfoodhalls.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services

9) Copyright and Intellectual Property

a) The Website, the content and all of the related products of KIN Food Halls are subject to copyright. The material on the Website is protected by copyright under the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by KIN Food Halls or its contributors.

b) All trademarks, service marks and trade names are owned, registered and/or licensed by KIN Food Halls, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

i) use the Website pursuant to the Terms;
ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
iii) print pages from the Website for your own personal and non-commercial use.
iv) KIN Food Halls does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by KIN Food Halls

c) KIN Food Halls retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

d) You may not, without the prior written permission of KIN Food Halls and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

e) The Application, the Purchase Services and all the related products of KIN Food Halls are subject to copyright. The material on the Application is protected by copyright under the laws of Hong Kong and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by KIN Food Halls or its contributors.

f) KIN Food Halls retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:

i) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of KIN Food Halls; or
ii) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

g) You may not, without the prior written permission of KIN Food Halls and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

10) Privacy

a) KIN Food Halls takes your privacy seriously and any information provided through your use of the Website, the Application and/or content are subject to KIN Food Halls’ Privacy Policy, which is available on the Application and the Website http://www.kinfoodhalls.com/privacy.

11) General Disclaimer

a) You acknowledge that KIN Food Halls does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

b) KIN Food Halls will make every effort to ensure a Product is accurately depicted on the Application, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Application.

c) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Sale of Goods Ordinance (Cap. 26 of the Laws of Hong Kong) (or any liability under them) which by law may not be limited or excluded.

d) Subject to this clause 5, and to the extent permitted by law:

i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ii) KIN Food Halls will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

e) Use of the Website, the Application and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of KIN Food Halls make any express or implied representation or warranty about the content or any products or content (including the products or content of KIN Food Halls) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
ii) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
iii) costs incurred as a result of you using the Website, the content or any of the products of KIN Food Halls; and
iv) the content or operation in respect to links which are provided for the user’s convenience;
v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

12) Competitors

a) If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of KIN Food Halls. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, KIN Food Halls will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

13) Food Information Disclaimer

a) The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.

14) Limitation of liability

a) KIN Food Halls’ total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

b) KIN Food Halls’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of KIN Food Halls is the resupply of information or Purchase Services to you.

c) You acknowledge that KIN Food Halls does not provide the Delivery Services to you and you agree that KIN Food Halls will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

d) You expressly understand and agree that KIN Food Halls, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

e) You acknowledge and agree that KIN Food Halls holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

f) KIN Food Halls is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Application or in connection with the Purchase Services, whether posted or caused by users of the Application of KIN Food Halls, by third parties or by any of the Purchase Services offered by KIN Food Halls.

15) Termination of Contract

a) If you want to terminate the Terms, you may do so by providing KIN Food Halls with 30  days notice of your intention to terminate by sending notice of your intention to terminate to KIN Food Halls via the ‘Contact Us’ link on our homepage.

b) KIN Food Halls may at any time, terminate the Terms with you if:

i) you have breached any provision of the Terms or intend to breach any provision;
ii) KIN Food Halls is required to do so by law;
iii) KIN Food Halls is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
iv) the provision of the Services to you by KIN Food Halls, is in the opinion of KIN Food Halls, no longer commercially viable.
v) the partner with whom KIN Food Halls offered the Purchase Services to you has terminated its relationship with KIN Food Halls or ceased to offer the Purchase Services to you;
vi) KIN Food Halls is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

c) Subject to local applicable laws, KIN Food Halls reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts KIN Food Halls’ name or reputation or violates the rights of those of another party.

d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and KIN Food Halls have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

16) Indemnity

a) You agree to indemnify KIN Food Halls, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
iii) any breach of the Terms.

17) Dispute Resolution

a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

b) Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c) Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

i) Within 30days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
ii) If for any reason whatsoever, additional 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Hong Kong Mediation and Arbitration Centre or his or her nominee;
iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
iv) The mediation will be held in Hong Kong.

d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

e) Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

18) Venue and Jurisdiction

a) The Services offered by KIN Food Halls is intended to be viewed by residents of Hong Kong. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Hong Kong.

19) Governing Law

a) The Terms are governed by the laws of Hong Kong. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Hong Kong, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20) Independent Legal Advice

a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

21) Severance

a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

22) KINshop
The purchase of Goods from ‘KINShop’ (the Shop) on the Platforms, are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Goods from the Shop which are incorporated into and form a part of these Terms.

a) Orders can be refunded in full unless cancellation is made 24 hours before the day of delivery, which customer will still be charged in full price.

b) No minimum spend is required for pick up and delivery orders. 

c) Currently our scope of delivery includes Hong Kong Island, Kowloon, and New Territories; exclude outlying islands.

Last update on: 14-03-2022

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