Terms of service
General Terms and Conditions
1.1 We are Hong Kong Wine Academy Limited (hereinafter referred to as "we", "the Company", "HKWA") and we own and operate the Website. Our website provides convenient shopping patterns ("Services") over the Internet, including through the use of applications or software.
1.2 By using the website, you agree to be bound by the following terms and conditions. Please read the relevant terms and conditions carefully.
1.3 We reserve all rights to change these terms and conditions at any time and from time to time without notice. The revised terms and conditions are effective from the date of publication. Your continued use of our website and our services constitutes your agreement to accept the latest version of these terms and conditions.
1.4 The meaning of certain terms used in the Terms and Conditions:
1.4.1 "We" is a reference to (the name of the person or company providing the Services).
1.4.2 "You" is a reference to the person to whom we provide services or deliver goods and to whom payment is required for goods we deliver.
1.4.3 "Content" means all text, images, logos, icons, photos, images, combinations of moving visual figurative images or sounds and images, sound effects selected, shown or used on or in connection with our website , computer programs and other materials.
1.4.4 "Goods" means the goods or services that you have ordered and will pay for through our website.
1.4.5 "Intellectual Property Rights" means any and all patents, trademarks, domain name rights, design rights, copyrights and database rights (whether or not registered and an application to register or a right to apply for registration in respect of any of the foregoing), confidentiality Data rights and all other intellectual property rights of a similar or consequential nature that may exist now or in the future anywhere in the world.
1.4.6 "Services" has the meaning given to it in clause 1.1.
1.4.7 "Suppliers" means the sellers and suppliers of goods you order through our website.
1.4.8 "Website" means HKWA's website (hkwineacademy.com) and any related websites linked to it.
1.4.9 "User Content" has the meaning given to it in clause 11.1.
2.1 You must register with us when using the Services or making an order. By registering, you represent (and we are entitled to rely on that statement) that you are 18 years of age or older and have the capacity to form a legally binding contract.
2.2 You represent to us and all suppliers who provide courses and merchandise through our website that all orders you make through our website will be made within your contractual authority.
2.3 In view of your use of our services, you agree to:
2.3.1 provide true, accurate, up-to-date and complete information about you when completing the registration form; and
2.3.2 Maintain and promptly update your registration information to ensure that the information is true, accurate, up-to-date and complete. We reserve the right to suspend or terminate your registration if we have reasonable grounds to suspect that any information is untrue, inaccurate, not up-to-date or incomplete.
3.1 We are responsible for administering the website, arranging the order processing process and completing the delivery of courses and merchandise you have ordered from suppliers through our website.
3.2 When you place an order, you are purchasing such courses and commodities at the prices specified for the commodities. Once submitted by you, you cannot cancel the order, even if we have not accepted or rejected your order.
3.3 We will confirm by email that we have received your order. This confirmation email will provide:
3.3.1 your order details,
3.3.2 Details of prices charged,
3.3.3 Your order follow-up information This communication will signify our acceptance of your order on behalf of the supplier. You can track the status of your order online.
3.4 Your order accepted by us will only cover the courses and commodities referred to in the confirmation, and may not cover all courses and commodities you have ordered. If this is the case, your order for that part of the order will not be accepted until we issue a further confirmation of acceptance for the remainder of your order.
3.5 The stock availability of courses and merchandise is displayed online and will be updated regularly. However, it should not be relied upon as a definitive statement that the courses and items you intend to purchase are actually in stock.
3.6 We reserve the right to not accept or cancel an order for any reason at our sole discretion, including but not limited to:
3.6.1 there is insufficient stock of the goods you ordered;
3.6.2 Failure to arrange delivery for your region; or.
3.6.3 The price indicated for one or more items ordered by you has been incorrect due to human or computer error or incorrect pricing information provided by the supplier.
3.7 If we cancel your order, we will notify you by email and will credit to your account any amount debited by us on your credit card as soon as possible but in any event within thirty (30) days of your order . You accept that we are not liable for any compensation for your dissatisfaction.
4. Price and Payment.
4.1 We will use all reasonable commercial efforts to display accurate and up-to-date prices on our website. However, as the prices of various sales courses and merchandise are updated from time to time, we cannot list exact prices before accepting your order.
4.2 If the price of the goods at the time we intend to accept your order is higher than the price at which you made the order, we will
4.2.1 cancel your order, or.
4.2.2 to contact you to inquire about your intention to pay a higher price or to cancel your order.
4.3 If we cancel an order and you have made any payment, we will refund to you any amount charged to your credit card by us. You agree and accept that we shall not be liable for any compensation for your dissatisfaction.
4.4 We only accept payments by Visa, MasterCard and American Express. When you place an order, you authorize us to make payment to the credit card you designate for the amount of the goods at the time of our acceptance of your order. Title to the merchandise will not pass to you until payment is received.
4.5 We use third party payment services to conduct online transactions. When you place an order, you agree and accept that, subject to its terms and conditions, your credit card information will be collected, processed and retained by us and the payment service provider. You agree and accept that you are solely and solely responsible for any losses incurred or incurred by you in conducting credit card transactions and in no event shall we be liable for any such losses in whole or in part.
5. Class Fulfilment
5.1 Except on the first two days of Chinese New Year, government statutory holidays, when Typhoon Warning Signal No. 8 or above or Black Rainstorm Warning is in effect, we will only have classes at designated times from Monday to Sunday. We reserve the right to refuse classes at our sole discretion. You agree and accept that you will receive the latest information from our newsletter and that under no circumstances will we accept cancellations or refunds to you.
5.2 We will process the courses and products you have ordered through our arrangements. You agree to present photo identification upon request. When the course starts, you will be deemed to be delivered to you. If you are unable to take the course for any reason, you agree and accept that we have the right to elect to charge you additional fees or to cancel your subscription without refund or compensation.
5.3 We may offer lessons in one or more sessions, some of which may be arranged directly by suppliers. Any times and dates regarding course schedules, or course content and details are estimates only. If we fail to meet any of the prescribed course dates or times, we will notify you of the progress of your order. You agree and accept that under no circumstances will we accept cancellations or refunds to you.
5.4 When the courses and goods you have purchased have been delivered to you, you will become the owner of the courses and goods, and you will be at your own risk for holding the courses and goods, and we will not be responsible for their losses.
5.5 Unless otherwise specified, an additional fee will be charged per order per course. We reserve all rights to adjust the required fees at any time and from time to time.
6.1 Unless otherwise specified, no returns or refunds will be accepted. Please read the stated refund policy carefully before ordering.
6.2 According to the individual refund policy, if the course you ordered is changed, different or not as expected (not your fault), or the course was not ordered by you, or the time, date and place of the course are incorrect, the course can be refunded after the course starts. within seven (7) days of the refund provided that:
6.2.1. A refund policy applies;
6.2.2 Within the specified period, requests for refunds are sent to our customer service representatives via live chat.
6.3 You agree and accept that refunds are subject to availability.
6.4 You agree and accept that acceptance of a refund is at the sole discretion of HKWA or the supplier. Under no circumstances will we accept a direct request for a refund from us or be liable for any damages incurred by you for any reason.
7. Disclaimer and Limitation of Liability
7.1 We do not represent or warrant that access to our website (including the use of mobile applications or software) or any part thereof will be uninterrupted, reliable or free from failure.
7.2 We do not represent or warrant to you that our website or any of its content will be accurate, complete or reliable.
7.3 We do not represent or warrant that:
7.3.1 any service (whether or not provided by us) will be provided with due care and skill; or
7.3.2 Any courses and merchandise (whether provided by us or not) will be of relevant quality or will be suitable for any purpose (although we have been notified of such purpose in advance).
7.4 You agree that no data transmission over the Internet can be guaranteed to be completely secure. Although we are committed to protecting this information, we do not guarantee and cannot ensure the security of the information you transmit to us. You transmit any information to us at your own risk.
7.5 To the extent permitted by law, we exclude all liability to you (whether in contract, tort or otherwise and whether or not through our negligence) for the following reasons:
7.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions in relation to our website (including the use of applications or software) or any information therein;
7.5.2 fail to provide our website (or any part thereof), goods or services;
7.5.3 any delay in providing, or failure to provide or make available courses, goods or services, or any negligent provision of courses, goods or services;
7.5.4 any Courses and Goods are not of merchantable quality or fit for their intended use; or
7.5.5 Any misrepresentation about our website, courses, goods or services.
7.6 Except as required by law:
7.6.1 We will not be liable to you for any indirect or consequential loss, damage or expense, including loss of profits, business or goodwill arising out of any problem you have notified us of, and.
7.6.2 We will not be liable for any payment to you by way of indemnity unless otherwise stated in these terms and conditions.
7.7 You must observe and comply with all applicable regulations and laws, including being over 18 years of age.
7.8 You agree that these limitations are reasonable given the nature of our website, in particular as you will enter into separate contracts with suppliers each time you purchase courses and merchandise through our website.
7.9 The above exclusions do not affect any statutory rights that cannot be excluded. However, in such event our liability (to the extent permitted by law) will be limited to the resupply of services or goods to you.
7.10 The above exclusions or limitations shall be construed as separate and severable provisions of these Terms and Conditions.
8.1 You represent, warrant and undertake that you will not:
8.1.1 use our website for any fraudulent or illegal purpose;
8.1.2 use our website to defame, abuse, harass, stalk, threaten or violate the rights of others (including but not limited to the rights of privacy or publicity of others);
8.1.3 hinder or interfere with the operation of our website or the servers or networks used by our website; or violate any rules, procedures, policies or regulations relating to the network;
8.1.4 transmit or distribute to our website any virus, worm, Trojan horse or other computer code that is harmful or intrusive or that may or is intended to impair the operation of, or monitor the use of, any hardware, software or equipment;
8.1.5 reproduce, reproduce, sell, resell or exploit any part of our website (including applications or software), or use or link to it, for any commercial purpose;
8.1.6 revise, adapt, translate, reverse engineer, decompile or disassemble any part of our website (including applications or software);
8.1.7 construct or reproduce any part of the Website without our prior written consent;
8.1.8 establish a database in an organized manner for downloading and storing content, user content or any website content; and.
8.1.9 Infringe any copyright, design rights and intellectual property rights of the product.
9.1 The intellectual property rights in all Content are owned, controlled or licensed by us. Except for the rights granted to you in clause 8.2, these terms and conditions do not confer on you any right or interest in the Content and we reserve all other rights.
9.2 Subject to these terms and conditions, you may use the Content for your own personal use.
9.3 Unless you have our express written consent or you are expressly authorised by law, you must not:
9.3.1 use the Content for any commercial or other non-personal use;
9.3.2 copy the Content or transmit it to any other device or to any other person; or.
9.3.3 Reproduce, distribute, communicate to the public, revise, reformat, create derivative works or display the Content.
9.4 You acknowledge and agree that we may, in our sole discretion, cease to supply you with any Content if you breach any of the terms of these Terms.
9.5 We will use all reasonable commercial efforts to ensure the accuracy of the Content, but make no warranty and representation (express or implied, statutory or otherwise) as to its accuracy, quality or completeness or its suitability for any purpose, and we nor assume any responsibility for this. You also agree that advertisers are solely responsible for the content of advertisements displayed on our website. Placing such advertisements does not constitute our recommendation or endorsement of the advertiser's courses and products, and each advertiser is solely responsible for any representations made by its advertisements. We shall not be liable for any loss caused by your reliance on the accuracy of the information contained on our website.
10. User-generated content
10.1 When you submit any User Generated Content (including all text, files, images, photos, sounds, videos or other materials) on our website ("User Content"), you grant us a permanent, irrevocable, non-exclusive license to , worldwide, transferable, sublicensable, fully paid, royalty-free license to reproduce, distribute, communicate to the public, publicly perform, revise, create derivative works from, display and otherwise use the User Content of the Site (including but not limited to promoting and retransmitting part or all of the website in any media form and through any media channel). Without limitation, the rights you grant to us under this clause 9.1 include the right to sublicense to each website user to use the User Content as permitted by the functionality of the website from time to time. You hereby waive and cause all other creators of User Content to waive all moral rights in User Content (including the right to identify the original creator of User Content or the right to object to any derogatory treatment of User Content), whether present or in the future. Whether it exists anywhere in the world at any time in the future.
10.2 You represent, warrant and covenant that:
10.2.1 you have the legal rights and powers to grant the licence in clause 9.1 above;
10.2.2 you are the owner of the User Content and/or have all the necessary rights, consents, permissions and licences to grant us the licences in clause 9.1 above;
10.2.3 By exercising the licence in clause 9.1 above, we will not infringe the intellectual property or other rights of any third party;
10.2.4 If the User Content identifies any individual person (whether by name, image or otherwise), you have obtained all consents and permissions from such person for us to use the User Content in accordance with the license in clause 9.1 above;
10.2.5 User Content does not include any material that may be unlawful, defamatory, obscene, objectionable, endanger the safety of any person, intended to harass any person or not suitable for display on the website; and.
10.2.6 Upon our request, you will provide us with a written copy of any consents, permissions and licences you are required to obtain.
10.3 You are solely responsible for the User Content. In no event shall we be responsible or liable for any User Content, whether or not we are aware of any of the User Content.
11. You agree to hold us and all our directors, employees and contractors for any claims, losses, damages, costs, expenses (including legal expenses) or other liabilities arising out of a breach of any covenants, warranties, representations and agreements herein and all our directors, employees and contractors to indemnify and hold us harmless.
12. Linked Websites Certain links (including hyperlinks) on our website will lead you to leave our website. Links are provided for your convenience only and the inclusion of any link does not imply our endorsement or endorsement of the linked site, its operator or its content. We are not responsible for the content of any website other than our website.
13.1 If you breach any of the terms and conditions, we may immediately terminate your access to our website or registration.
13.2 Any rights accrued by either party on the date of termination will remain enforceable after termination.
14. Intellectual property.
14.1 The intellectual property rights in, and selection or arrangement of, all content, User Content, designs, text, images and other materials on our website are owned, controlled or licensed by us. Any authorized use without prior written approval is strictly prohibited.
14.2 All trademarks, product names and company names or logos on our website are our property or the property of their respective owners. We do not give approval for the use of any such trademarks, appearances, product names, company names, logos or designations which may constitute an infringement of the rights of the holder.
15.1 If the representations and warranties in these Terms are made to us and the Goods Supplier through our website, you acknowledge and agree that the representations and warranties are intended to grant rights to and for all relevant suppliers and the respective suppliers may rely on and enforce the relevant representations and warranties made by you.
15.2 We reserve the right to modify the content of the website (including the services we provide) and these terms and conditions at any time without notice. Changes to these terms and conditions will be posted on the website and your continued use of our website after any such changes constitutes your agreement to be bound by the revised terms and conditions of use. This right includes the right to change any of the documents that form part of these terms and conditions.
15.3 Every effort has been made to clarify whether the quotations for goods provided on our website include any relevant taxes or duties. If in any case the quoted price is not clear, you are reminded before placing an order that you may be liable for taxes or duties imposed by the supplier or legislation (eg value added tax) in addition to the price.
15.5 We reserve the right, in our sole discretion, to deny users access to our website or any part of it without notice and to refuse to provide our services to any user who violates these terms and conditions.
15.6 We shall not be liable to you for any breach of these terms and conditions of use, nor shall we be liable to you for any failure to provide or delay in providing our services through the website due to any event or circumstance beyond our reasonable control. Responsibility.
15.7 If any provision of these terms and conditions shall be deemed invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity or effect of any other provision, and the invalid provision shall be deemed to be incompatible with these terms and conditions. Detailed segmentation.
15.8 We may assign these terms and conditions or appoint any third party including group companies to provide services to you on its behalf or to perform any of our obligations under these terms and conditions.
15.9 You may not assign or otherwise deal with all or any part of your rights and obligations under these Terms and Conditions without our written consent. 15.10 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior agreements, understandings or arrangements, oral or written, with respect to the subject matter of these terms and conditions. Neither party is entitled to rely on any agreement, understanding or arrangement not set forth in these terms and conditions. 15.11 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
16. Promotional codes, coupon codes and coupons
16.1 Promotional codes, discount codes and coupons provided by us are only valid for one-time purchases through our website and are subject to the terms and conditions.
16.2 Promotional codes, discount codes and coupons are neither refundable nor redeemable for cash. Any remaining unused amount will be forfeited.
16.3 If your order is cancelled or eligible for a refund for any reason, the promotional code, coupon code or coupon used in that order will be void without any refund or compensation from us. We reserve all rights to terminate or change the above offers at any time and from time to time without notice. In the event of any dispute, our decision will be final and conclusive. These terms and conditions form an integral part of the general terms and conditions.
Last updated: February 1, 2022