Terms & Conditions
This website ("hyleegardens.com.hk", “Hy!”, the “Website”), operated by Hy Online Service Limited (“Hy”, "we", “our”, “us”), is available to you on the condition that you accept without modification the terms, conditions and notices contained herein. Please read these terms and conditions carefully before using the Website. By accessing, proceeding or using the Website or any part of it, including purchasing products and services, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.
If you are below the age of 18, you must obtain consent from your parent(s) or legal guardian(s). By continuing to access, proceed or use the Website, your parent(s) or legal guardian(s) shall be deemed to agree to take responsibility for your actions and any charges associated with your use of the Website or any matters arising thereon. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Website immediately.
Terms & Conditions
This website ("hyleegardens.com.hk", “hy!”, the “Website”), operated by hy Online Service Limited (“hy”, "we", “our”, “us”), is available to you on the condition that you accept without modification the terms, conditions and notices contained herein. Please read these terms and conditions carefully before using the Website. By accessing, proceeding or using the Website or any part of it, including purchasing products and services, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.
If you are below the age of 18, you must obtain consent from your parent(s) or legal guardian(s). By continuing to access, proceed or use the Website, your parent(s) or legal guardian(s) shall be deemed to agree to take responsibility for your actions and any charges associated with your use of the Website or any matters arising thereon. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Website immediately.
1. Definitions
The following defined terms have the following meanings within these terms and conditions:
1.1. “Lee Gardens Area” means shopping malls including Lee Garden One – Six, Hysan Place, Lee Theatre Plaza, Leighton Centre, One Hysan Avenue I.T HYSAN ONE, 25 Lan Fong Road and Lee Garden Neighbourhood.
1.2. “Abandoned Products” means any Products which you purchased and paid for through the Website, but which you or your authorized representative have failed to collect at the designated Participating Merchants’ collection point on the date and time specified at your order confirmation email and any Products which was not delivered successfully due to your failure or refusal to accept the Products
1.3. “Membership” means the membership account registered under the Lee Gardens Club or Club Avenue loyalty programme.
1.4. “App” means the “Lee Gardens” mobile application, as may be updated and/or upgraded from time to time.
1.5. “Lee Gardens Points” means the reward points that Members may accumulate under the Lee Gardens Club loyalty programme. “CA reward points” means the reward points that Members may accumulate under the Club Avenue loyalty programme.
1.6. "Member" means a person who has registered as a member under the Lee Gardens Club or Club Avenue loyalty programme .
1.7. “Participating Merchants” means retail merchants within the Lee Gardens Area that offer Product(s) on the Website.
1.8. “Message(s)” means any communications between the Parties transmitted by any means, including through the Website, the App, Whatsapp, SMS, inbox/push notification of the Website/the App, Customer Services Hotline, and emails.
1.9. “Parties” means both us and you, and “Party” means either of these.
1.10. "Product(s)" means any items, products or services shown on or listed on or the Website, including any items, products or services for reservation or purchase.
1.11. “Qualified Spending” means the eligible spending at Participating Merchants under these Terms and Conditions. Only Qualified Spending made between 1 January and 31 December of the current year will be qualified for Lee Gardens Points or Club Avenue Points accumulation.
1.12. “Website" or “hy!” means the platform accessible via hyleegardens.com.hk , as well as all related websites or sites in connection therewith.
1.13. "You" or “your” means any person using or accessing the Website
2. The Website
2.1. The Website is an one-stop platform operated by us to enhance customer experience at Lee Gardens Area. In addition to online sale of Products, we may, from time to time, offer other services such as product reservation.
2.2. We shall make reasonable efforts to maintain the Website. However, we do not give any warranty or guarantee (whether express or implied) as to the accessibility, availability or transmission speed of the Website, or that the Website will be secure, error free, uninterrupted and free of virus.
2.3. All Products are provided by the Participating Merchants and all transactions conducted via the Website are between you and the Participating Merchants:
2.3.1. Participating Merchants shall provide and ensure that details of the Products as shown on the Website (including but not limited to product descriptions, information, photos, prices, videos, charges, discounts, offers, expiry dates, product warranties, product availability, collection/redemption arrangements, refund, exchange, etc.), are up-to-date. Prices are subject to change without prior notice and all orders for purchase are subject to their acceptance at its sole discretion and stock availability.
2.3.2. Participating Merchants shall make reasonable efforts to ensure that the Products displayed on the Website are in stock and available.
2.3.3. All orders are subject to confirmation of final availability and Participating Merchants reserve the right to reject an order in the event that any of the Products requested are unavailable.
2.3.4. Participating Merchants shall be solely responsible for handling collection, redemption, refund, exchange, customer disputes/enquiries/complaints etc. in relation to the Products. Participating Merchants shall handle and manage the communications with you directly.
2.3.5. All videos, pictures and images of the Products displayed on the Website and provided by the Participating Merchants are for illustration purposes only, The actual size, dimension and colour of the Products may differ.
2.3.6. Merchant terms & conditions apply. Please contact the relevant Participating Merchants for any enquiries relating to the Products.
2.3.7. The Participating Merchants shall be fully responsible for any enquiries, claims, and complaints whatsoever by the customers regarding the Products.
2.4. We shall have the discretion to place a limit on the quantities of any Product(s) that may be purchased on the Website. Such limits may be imposed on each (a) order, (b) Membership, (c) credit/debit card, or (d) customer, as the case may be.
2.5. The prices charged for the Products are those shown on the Website when you place your order.
2.6. The Website is provided on an ‘as is’ basis and we make no representations or warranties of any kind with respect to the Website and disclaims all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, reliability, timeliness, non-infringement, title, or suitability for any purpose of all information and content made available on or through the Website. Such information and content may contain factual or technical inaccuracies or typographical errors. Our liability howsoever arising under the Website is expressly excluded to the fullest extent permitted by law.
2.7. The Products or their relevant listings on the Website are provided by the Participating Merchants. We make no representations or warranties of any kind with respect to any Product and disclaims all such representations and warranties.
2.8. For the purposes of these terms and conditions, each Participating Merchant shall be and shall be deemed to be an independent contractor and we shall not in any event be responsible for any act and/or omission of any Participating Merchants.
3. Use of a Membership
3.1. You shall log into and use your Membership in order to place orders on the Website. By using or logging in the Membership on the Website, you agree to observe and comply with, in addition to these Terms and Conditions, the Terms and Conditions of Lee Gardens Club or the Terms and Conditions of Club Avenue.
3.2. You shall inform Data Officer at data.officer@hysan.com.hk, or to “Lee Gardens Club” through leegardensclub@hysan.com.hk or “Club Avenue by Lee Gardens” through clubavenue@leegardens.com.hk immediately or as soon as practicable, if there are any changes to the profile information that you provided so that we can communicate with you effectively.
4. Ordering for Purchase of Products
4.1. Unless otherwise specified, we are not the sellers or the providers of the Product(s) displayed on the Website. All transactions conducted via the Website are between you and the Participating Merchants.
4.2. When you place an order for purchase, you agree to purchase those Products from the Participating Merchants at the price listed on the relevant Product description page at the time of the order. Orders will include any applicable collection fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.). We will send you an order confirmation email upon the confirmation of your order which includes:
a. The details of the items you have ordered (including the amount paid for each item);
b. Follow-up information relevant to the order, including collection details; and
c. A pickup QR code for collection
4.3. You are responsible to provide information that is complete, accurate and truthful for the proper processing of the order, including your contact information and email address. We shall not be liable for any collection issues due to incomplete, incorrect or missing information provided by you.
4.4. You are responsible for safeguarding the order confirmation email which contains the important information of your personal data and collection details. You can also check the status of your order on our Website.
4.5. Unless otherwise expressly provided, each Message sent by us to you shall be deemed to have been received by you if no bounce-back or failure to deliver Message is received by us within 30 minutes from the time when the Message is sent.
4.6. Stock availability of the Products indicated on the Website is regularly updated by the Participating Merchants and you are advised to check the latest stock availability on the Website.
4.7. If your purchase includes intoxicating liquor, you will be asked to submit a declaration to the effect that you are at least 18 years of age. You will not be able to purchase intoxicating liquor from the Website if you do not submit such declaration.
4.8. Respective terms and conditions of the Products may apply. Please refer to the respective Product’s Terms and Conditions or contact the respective Participating Merchant.
5. Collection of Products Purchased
5.1. You are responsible for collecting the purchased Products at the designated Participating Merchants’ collection point you have selected within Lee Gardens Area during purchase on the date and time specified in your order confirmation email. When you collect the Products, you are required to present the pickup QR code of your order.
5.2. You are responsible for safeguarding the pickup QR code. When collecting your order at the designated Participating Merchants’ collection point, you agree that you authorize us to assume that any person using the pickup QR code for collection is either you or is authorized to collect the Products on your behalf.
5.3. You are advised to pick up your order at the designated Participating Merchants’ collection point in person. Participating Merchants’ representative at the designated Participating Merchants’ collection point may require you to produce your identity document for inspection and verification. We and Participating Merchants reserve the right to cancel your order if you refuse to produce your identity document for inspection and verification.
5.4. If your purchase includes intoxicating liquor, you will be asked to produce your identity document for inspection. If you refuse to provide your identity document for inspection, you will not be able to collect the intoxicating liquor purchased, subject to Participant Merchants’ decision, in such case you may be entitled to a refund to an amount equivalent to the intoxicating liquor purchased but not collected. Please refer to the Participating Merchant’s Terms and Conditions.
5.5. If you fail to collect the purchased Product(s) in accordance with Clause 5, you shall be deemed to have abandoned the Product(s). Such Product(s) shall be treated by us as Abandoned Products. We and the Participating Merchants shall have the right to dispose, retain, resell, abandon, or otherwise deal with the Abandoned Products at our/their sole discretion without prior notice and liability or compensation.
6. Prices and Payment
6.1. Unless otherwise specified, the Website accepts payment by Visa, MasterCard and JCB. Under various credit/debit card purchase protection services, e.g. VISA verification service and MasterCard Secure Code, you can enjoy safe and secure shopping by using your own credit card with your specific password or security code.
6.2. The payment system is provided and operated by third party vendor which may impose their own terms and conditions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and the payment system vendor, agree and accept the vendor’s terms and conditions. You agree and accept that you are solely and exclusively responsible for making the transaction, and in no event shall any such liability or losses in whole or in part be borne by us. The payment system vendor shall be solely responsible and liable for any losses and damages arising out of the malfunctioning or interruption or operation or use of the payment system. You should contact the payment system vendor directly for any matters relating to the payment system.
6.3. The credit card used for shopping should be valid and under your own name.
6.4. We reserve the right to terminate or cancel any transaction we consider suspicious or fraudulent or for any reason we shall deem fit.
6.5. We shall not be liable for any payment fraud.
6.6. All prices are listed and charged in Hong Kong Dollars (HKD).
6.7. Full payment in respect of an order must be made upon the placing of that order. If your payment cannot be processed, the order will not be accepted. An order confirmation email will be sent to you only when the order is accepted. You are advised to email support@hyshop.com.hk to resolve any problems concerning the use of your payment card in order to proceed with the payment for your order.
6.8. We reserve the right to change the payment terms for any order without prior notice or liability.
6.9. We reserve the right to change the payment mode or method for any Products offered on the Website at any time without prior notice or liability. We may, but not obliged to, make an announcement via the Website, Message, email or any other means of public communication.
6.10. If payment for any order has already been made but the order is not accepted by Participating Merchants, you will be entitled to a refund by direct credit via the same payment channel you used at your purchase. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any non-acceptance of any order by the Participating Merchants, any refund by the Participating Merchants, or any delay in processing said refund.
7. Earning Lee Gardens Points
7.1. You can earn every HK$1(net spending) at Website corresponds to 1 Lee Gardens Point in the Lee Gardens Club Loyalty Programme, or every HK$1(net spending) at Website corresponds to 1 Club Avenue point in the Club Avenue Loyalty Programme, unless otherwise specified.
7.2. For the Lee Gardens Club Membership, any spending with decimal places will be rounded up or rounded down to the nearest corresponding Lee Gardens Point. However, certain products or services are excluded from earning points, and you cannot earn any Points based on your purchase of such excluded items at a Participating Merchant. The excluded items shall be determined by us from time to time.
7.3. For the Lee Gardens Club Membership, amount of HK$100 or more to qualify for Lee Gardens Points registration and the maximum Qualified Spending amount valid for each receipt uploaded is HK$10,000. For Qualified Spending amounts over HK$10,000, corresponding Lee Gardens Points beyond the HK$10,000 ceiling will be forfeited and will not be re-issued. The maximum daily amount valid for receipt upload is HK$30,000. For Qualified Spending amounts over HK$30,000, corresponding Lee Gardens Points beyond the HK$30,000 ceiling will be forfeited and will not be re-issued. For “Club Avenue by Lee Gardens” Membership, please refer to its specific terms and conditions applying to each reward tier.
7.4. The Points you earn will be credited to your Lee Gardens Club Membership within 1 week of your order completion. In some circumstances, there may be a delay in updating your Lee Gardens Points balance, but we will endeavour to reflect the latest balance as soon as possible.
7.5. In any events of order cancellation by us or Participating Merchants, your Points earned from the corresponding purchase shall be deducted from your Lee Gardens Club Membership.
8. Point Conversion and Cash Redemption
8.1. You can convert every 330 points accumulated and unused Lee Gardens Points to HK$1 Lee Gardens Cash Dollar.
8.2. Unless otherwise indicated, cash redemption by Points must be made in multiple of HK$1 or any other multiplier as decided by us from time to time. We reserve the right to determine and adjust the multiplier at any time without prior notice.
8.3. There is monthly maximum cash redemption of Lee Gardens Cash Dollars. For Club Avenue members, the maximum amount is HK$100,000 accumulated per month; For Lee Gardens Club members, the maximum amount is HK$80,000 accumulated per month.
8.4. Lee Gardens Cash Dollar is only applicable for any purchase at our Website.
8.5. For “Lee Gardens Club” Membership, Lee Gardens Points have two expiry dates each year, 31 December and 31 March. This means Lee Gardens Points earned from 1 October previous year to 31 December previous year will expire on 31 March of the next year, and must be used to redeem rewards on or before 31 March of the next year. Lee Gardens Points earned from 1 January to 30 September this year will expire on 31 December of this year and must be used to redeem rewards on or before 31 December of this year. For “Club Avenue by Lee Gardens” Membership, please refer to its specific terms and conditions applying to each reward tier. All expired Lee Gardens Points will be forfeited automatically, and the Members shall have no claim or complaint whatsoever.
8.6. Once Lee Gardens Points / Lee Gardens Cash Dollars are used, it cannot be canceled and refunded.
8.7. Lee Gardens Points / Lee Gardens Cash Dollars is neither transferable nor redeemable for cash.
8.8. Lee Gardens Points / Lee Gardens Cash Dollars accumulated will be cancelled when your Membership is terminated.
9. Promotion Code
9.1. If you have consented to direct marketing, as and when a promotion campaign is launched, you may receive promotion codes from us/ Participating Merchants, via email or through other promotional channels.
9.2. Irrespective of the type of promotion code in validity at the time of your order, only one promotion code can be used per order for purchase, unless otherwise stated.
9.3. All promotion codes are non-transferable, have no monetary value and under no circumstances can they be converted into cash, or exchangeable for any other Product or value.
9.4. There will be no residual value attached to any promotion code and no credit amount will be issued to you if the purchase amount is less than the amount of the promotion code.
9.5. Unless otherwise stated, a promotion code is for a single use for each Membership, even in the event that you change or cancel the order. Once redeemed, the promotion code can no longer be applied to future purchases.
9.6. Each promotion code has an expiry date, which will be stated at the time of the promotion or in related promotional materials, and such expiry date cannot be modified. You shall not have any discount, rebate, deduction, claim, compensation or complaint whatsoever for any expired, unused, or invalid promotion code.
9.7. Provided that the required conditions are met and subject to the terms and conditions of the relevant promotions, a promotion code entitles the purchaser to a discount off the price of the relevant order before the application of any additional costs
9.8. Unless otherwise stated, a promotion code may not be used in conjunction with other coupons, promotions or special offers.
9.9. Some types of promotion codes may be exclusive for targeted customers. If the promotion code is lost or used by someone else, no replacement promotion code will be issued.
9.10. When an order is placed using a promotion code and contains more than one Product, the value of the discount is spread over each Product according to the pro-rated value of that Product. Any refund of a Product purchased using a promotion code will be reduced by the value of the discount attached to it. The discount is non-refundable.
9.11. Merchant terms & conditions may apply. Please refer to the specific terms and conditions or contact the designated Participating Merchants for any enquiries relating to their shop-wise promotions. The Participating Merchants shall be fully responsible for any enquiries, claims, and complaints whatsoever by the customers regarding the shop-wise promotions.
9.12. In the event that website-wise promotions are launched, please refer to the terms and conditions for such website-wise promotions. By participating in such website-wise promotions, you are deemed to have read, understood and accepted the relevant terms and conditions.
10. Cancellation of Order
10.1. We may cancel any order for any reasons we shall deem fit, including but not limited to: (a) non-compliance by the relevant customer of any conditions specified at the time of the order or any terms and conditions relating to the Website/the App/the Membership; (b) inability to process payment for the Product for whatever reason; or (c) any errors made at the Website or any errors made in connection with your order; or (d) someone other than you is using the Website under your Membership; or (e) improper use of the Website (including the prohibited activities); or (f) fraud or suspicious activity; or (g) the purchased Product is out of stock. In the event of (c), we will undertake to correct the error and (if applicable) to charge you the correct price for the ordered Products. We will notify you if this is the case. Refund of these cancellations is at our sole discretion.
10.2. Except as otherwise provided under these terms and conditions, you cannot cancel an order once the order confirmation email has been issued to you. If you wish to seek further information or assistance, you may contact our customer services team through email support@hyshop.com.hk.
11. Use of the Website
11.1. You shall only use and access the Website solely for the purposes of (i) browsing/accessing the Products or information shown on the Website (ii) updating order details (iii) purchase/order of the Products. You shall not access or use the Website for any other purpose.
11.2. We reserve the right to terminate access/use of the Website, cancel relevant order(s), investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. The following is a non-exhausted list of the prohibited activities:
11.2.1. disassemble, decode, decompile, reverse engineer, reverse translate, or in any other manner decode, attempt to tamper with or evade, or discover the method of operations or defeat the Website, or transmit or install any malicious codes, viruses, or other software code designed to allow unauthorised access, damage, corruption, use or disabling of the Website or deal with the Website in any way without our prior consent.
11.2.2. pose any content on the Website that is obscene, violent, indecent, political, libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, illegal, spam or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You shall be solely responsible or liable for the content posted by you on the Website. We shall have the right to remove any content or suspend your access to the Website at any time if we deem fit.
11.2.3. impersonate another person when posting content or using the Website or using another person’s Membership;
11.2.4. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
11.2.5. harass, threaten, stalk, or abuse or in any way harm any person on the Website;
11.2.6. encourage other people to engage in any prohibited activities as described herein.
11.3. You acknowledge and agree that the content on the Website are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Website and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.
12. Liability
Your Liability
12.1. Any losses incurred or sustained by you in using/browsing the Website or purchase/receipt/collection of the Products or transmitting payment information shall be borne solely and exclusively by you and in no event shall any such losses be, in whole or in part, borne by us. If you are using a public computer, you shall ensure that you sign out of the Website once you have finished browsing the Website.
12.2. You shall be liable for every order made using your credit card and you hereby agree to indemnify us for all claims or damages whatsoever made by any third party arising from the actions of a person placing orders on the Website using your credit card.
13. Our Liability
13.1. The Products or their relevant listings on the Website (including but not limited to product descriptions, information, photos, prices, charges, discounts, offers, expiry dates, product warranties, product availability, collection/redemption arrangements, refund, exchange, etc.) are provided by the Participating Merchants. We shall neither be liable for actions or omissions of the Participating Merchants nor be liable for any matters relating to the Products or their relevant listings.
13.2. We have no control whatsoever over the availability, quality, legality or safety of the Products, or of any other characteristics upon which you may rely, the accuracy of any of the listings, descriptions and information relating to the Products, and the ability and capacity of any Participating Merchant to transact. Accordingly, you waive any claim that you may have against us that is in any way connected with a dispute between you and any other user of the Website (including any other customers and any Participating Merchant) and you agree to indemnify us for any losses or liability we may suffer as a result of any claim against us by another user or any other third party as a result of your dealings with such other user or party or your use/access of the Website;
13.3. The payment system is provided and operated by the third party vendor. We shall neither be liable for actions or omissions of the third party vendor nor be liable for any matters relating to the payment system.
13.4. We are not responsible and shall not be liable for any hyperlink to any other third party website or site (“Third Party Site”) or any third party content or post on the Website (“Third Party Content”). Any reference to any t Third Party Site or Third Party Content is not an endorsement or verification by us and we have no control and not responsible for the content of any of the foregoing; and
13.5. We shall not be liable in any way for any damages, losses, costs, expenses, liabilities or compensation, whether direct or indirect, which arise from or are in connection with your access and use of the Website; or any breach of security, delay, corruption or destruction of data or systems (including but not limited to those caused by any virus or other malicious code), transmission error, inaccessibility (whether in connection with upgrading or modification of the Website, failure or insufficiency of the technical facilities or technical issues on the user’s side) of the Website; or any part thereof, whether due to our negligence or our officers, employees, agents, contractors or otherwise. Your exclusive remedy with respect to your use of the Website is to discontinue your use of the Website.
14. Indemnity
14.1.1. You hereby agree to indemnify and hold us, our officers, employees, agents and contractors harmless against all damages, losses, costs (including legal costs), expenses and liabilities suffered or incurred by us, our officers, employees, agents or contractors arising out of or referable to any claims, suits or proceedings brought against us, our officers, employees, agents or contractors by third parties arising out of or in connection with:
14.1.2. your acts, failures, omissions and defaults, including but not limited to infringement of any intellectual property rights or other rights of third parties; unauthorized or improper access and/or use of the Website or any part thereof; unauthorized disclosure or use of any authentication method; and/or failing to act in accordance with these terms and conditions or any terms and conditions relating to the Website/the App/the Membership; or
14.1.3. arising from any tax, duties, excise or licence fee liability in connection with these terms and conditions (with the exclusion of taxes payable by us on our income and those that are expressly stated to be borne by us or the Participating Merchants).
15. Intellectual Property Rights
15.1. Any use of materials on the Website, including alteration, modification, distribution or republication, without our prior written consent is prohibited.
15.2. All rights, title, interest and intellectual property rights relating to any materials on the Website (other than Third Party Site, Third Party Content and the Products) and the relevant marketing materials, whether registered or not, shall belong to us or our respective licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any materials on the Website or the relevant marketing materials in any way without our or our respective licensors’ prior express written consent.
15.3. All rights, title, interest and intellectual property rights subsisting in the Products (including product descriptions, information, videos, photos, prices, charges, discounts, offers, expiry dates, product warranties,) shall belong to the relevant Participating Merchants.
15.4. All rights, title, interest and intellectual property rights relating to the Third Party Site and the Third Party Content shall belong to the relevant third parties.
16. Data Protection
16.1. When purchasing Products on the Website, you agree that we can store, process and use the data you provide for handling your order.
16.2. Personal data will be collected, handled and used in accordance with the Personal Information Collection Statement and Hysan’s Privacy Policy Statement that you have agreed to, under your Lee Gardens Club or Club Avenue Membership.
17. General
17.1. We reserve the right to terminate access/use of the Website or terminate any Membership or cancel any order for any fraudulent, suspicious, improper or prohibited activities, or any breach of any terms and conditions of the Website, the App, the Membership, or any relevant campaigns/promotions therein, or for any reason we shall deem fit.
17.2. In case of any dispute between the Parties in respect of or in connection with these terms and conditions, our determination shall be final and binding.
17.3. Notices to You
17.3.1. Unless otherwise expressly provided herein, any notice to be given by us to you under these terms and conditions will be sent by:
a)email to the email address you provided;
b)telephone call through the number you provided;
c)updates under My Account on the Website.
17.3.2. You shall immediately notify us of any change of telephone number or email address.
17.3.3. Where these terms and conditions provide for us to notify you by posting a notice on the Website: such posting on the Website shall constitute sufficient notice to you; and such notice shall, unless otherwise specified by us, take effect from the time of posting on the Website.
17.4. Notices to us
17.4.1. Unless otherwise expressly provided herein or unless otherwise specified by us, any notice which you are required to give to us shall only be deemed to have been served on us if the notice is sent:
a) by email, to support@hyshop.com.hk;
b) by means specified by us on the Website from time to time.
17.5. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights or remedies provided by law.
17.6. No waiver of any breach of these terms and conditions shall be effective unless made in writing by the Party granting such waiver and given to the other Party in accordance with these terms and conditions.
17.7. No failure on our part to exercise, and no delay on our part in exercising, any right or remedy under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
17.8. You shall not assign or transfer your rights or obligations under these terms and conditions or any part, interest or share herein without our prior written consent.
17.9. We may assign, transfer or subcontract all or any of its rights or obligations under these terms and conditions to any third party.
17.10. If any provision of these terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, such provision shall be severed from these terms and conditions and the remaining provisions of these terms and conditions shall remain in full force and effect.
17.11. These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong") and both Parties agree to submit to the exclusive jurisdiction of the Hong Kong courts.
17.12. We may revise these terms and conditions at any time without prior notice and liability. If any dispute arises, our determination shall be final and binding, and our records shall prevail.
In case of discrepancy, the English version shall prevail over the Chinese version.
Version: [February] 2021