ARK PARTNERS LIMITED T&C

 

  1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which ARK PARTNERS LIMITED (company no. 69988756), whose registered office is at 17H, 15 Laguna Verde, Hung Hom, Kowloon, Hong Kong (referred to in these terms and conditions as “we” or “Ark Partners Lmited”) supplies products to you. For the avoidance of doubt, when you place an order with ARK PARTNERS LIMITED, you are entering into a contract with ARK PARTNERS LIMITED, and not with Discovery Park Commercial Services LimitedDiscovery Park Commercial Services Limited will have no liability to you for any matters arising under these terms and conditions.

 

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

1.3 Language. These terms are only available in English. No other languages will apply to these terms. In the event of a discrepancy between the English and other versions, the English version shall prevail.



  1. HOW TO CONTACT YOU

2.1 How we may contact you. If we have to contact you we will do so by telephone or writing to you via SMS at the telephone number or email at the email address you provided to us in your order.

 

2.2 “Writing” includes emails and SMS. When we use the words “writing” or “written” in these terms, this includes emails and SMS.



  1. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when payment for the goods is made successfully, at which point a contract will come into existence between you and us. Once payment for the goods is made successfully, you would normally be directed to a page indicating payment success and your “Order” page would list your order as “Ordered Items”. Subject to the circumstances set out in clauses 5.1, 6 and 9 below, all orders once successfully made cannot be cancelled, refunded nor exchanged.

 

3.2 If we cannot accept your order. If we are unable to accept your order, a landing page indicating that the order has not been placed will normally appear in default and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of any credit issue on your credit card, because we have identified an error in the price or description of the product or because we are unable to meet a collection time you have specified.

 

3.3 Your transaction ID. We will assign a transaction ID to your order and tell you what it is when we receive your order request. It will help us if you can tell us your transaction ID whenever you contact us about your order.

 

3.4 We sell to Hong Kong SAR and Macao SAR. Our Website is solely for the promotion of our products in Hong Kong SAR and Macao SAR.



  1. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

 

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

 

 

  1. PROVIDING THE PRODUCTS

5.1 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not collected.

 

5.2 When you become responsible for the goods. A product will be your responsibility upon order confirmation.

 

5.3 When you own goods. You own a product once we have received payment in full.

 

5.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

 

(a) deal with technical problems or make minor technical changes; or

 

(b) update the product to reflect changes in relevant laws and regulatory requirements.

 

5.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and in each case the product is not available and we will refund any sums you have paid in advance for the product.



  1. YOUR RIGHTS TO END THE CONTRACT

6.1 When you can end your contract with us. You may end your whole contract (i.e. the whole, but not part of an order) with us before you received the products in accordance with this clause. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

 

(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Clause 8; and

 

(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 6.2.

 

6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the whole contract will end immediately and we will refund you in full for any products which have not been collected and you may also be entitled to compensation. The reasons are:

 

(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

 

(b) there is a risk that supply of the products may be significantly delayed and is not available because of events outside our control;

 

(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, and in each case the products are not available; or

 

(d) you have a legal right to end the contract because of something we have done wrong.



  1. HOW TO END THE CONTRACT WITH US

7.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email . Please provide your name, home address, details of your order and your phone number.

 

7.2 How we will refund you. We will refund you the price you paid in Hong Kong Dollars (HK$) for the products by the method you used for payment, which is via your credit card.

 

7.3 When your refund will be made. We will make any refunds due to you within 90 days from your order day.



  1. IF THERE IS A PROBLEM WITH THE PRODUCT

8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us by phone or email as provided on the website.

 

8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

 

8.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you have collected, please contact us in person for arrangement by phone or email.



  1. YOUR RIGHTS TO EXCHANGE/RETURN GOODS

9.1 When you can exchange or return products with us. Once you have received the product(s), our return and exchange policy in force from time to time will apply. In order to exercise your right of return in accordance with the aforesaid policy, you must return all the product(s) in the same order, all gifts received along with the same order.

  1. PRICE AND PAYMENT

10.1 Where to find the price for the product. The price of the product will be the price indicated on your order pages when you placed your order. The price is quoted in Hong Kong Dollars (HK$). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 10.2 for what happens if we discover an error in the price of the product you order.

 

10.2 What happens if we got the price wrong. It is always possible that, despite our reasonable care, some of the products we sell may be incorrectly priced. Where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you after acceptance of the order to provide you a full refund. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and if you have collected the products, require the return of any goods collected by you in accordance with our return and exchange policy in force from time to time (see clause 9).

 

10.3 When you must pay and how you must pay. We only accept payment via your credit card including Visa, MasterCard and American Express. You must pay for the products at the time of placing the order on the Website.

 

10.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know



  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for products not compliant with the Sale of Goods Ordinance (Cap 26).

 

11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.



  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use your personal information in order confirmation and arrangement on delivery only in accordance with our privacy policy as per below.



  1. OTHER IMPORTANT TERMS

13.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

13.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.4 Governing Law and Jurisdiction. These terms shall be governed by Hong Kong law and the Hong Kong courts shall have jurisdiction to resolve any dispute between us.

13.5 Entire agreement. These terms together with our current price displayed on the Website, collection details, contact details, privacy policy, set out the whole of our agreement relating to the supply of products to you.

 

PRIVACY POLICY

This policy sets out the basis on which Ark Partners Limited of 17H, Block 15, Laguna Verde, Hung Hom, Kowloon, Hong Kong (Company Number 69988756) (together with our subsidiaries, our holding company, subsidiaries of our holding company from time to time, collectively called "Ark Partners Limited (Branded as Squareark)" or “we”) collects personal data from you and how we process such data. 

By visiting our website https://mothersdayhk.com/ (our “Site”) or using SquareArk Platform or any other applications or software we provide from time to time (collectively our “App”), you accept and consent to the practices set out below. 

  1. Collection of information
    1. For the purposes outlined in Clause 2, we may collect and process the following information about you: 
      1. Information you give us - information that you provide us (which may include your name, address, email address, telephone number, credit card information and other personal description) by filling in forms on our Site or our App, or by corresponding with us (by phone, email or otherwise), for example:
        1. when you report any problem to us;
        2. when you use certain features on our Site or our App;
        3. when you request any support from us; or
        4. when you complete any survey or questionnaire we send you.
      2. Information we collect about you - information automatically collected when you visit our Site or use our App, for example:
        1. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet and your log-in information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
        2. details of any transactions, purchases and payments you made on our Site and in our App; and
        3. information about your visit, including the full Uniform Resource Locators (URLs), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number; and
      3. Information we receive from third parties - We work with third parties and we may receive information about you from them, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, or credit reference agencies. We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
    2. We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.
  2. Uses made of the information 
    1. We use information held about you for the following purposes:
      1. providing, improving and developing our services;
      2. researching, designing and launching new features or products;
      3. presenting content and information in our Site and our App in the most effective manner for you and for the device you use;
      4. providing you with alerts, updates, materials or information about our services or other types of information that you requested or signed up to;
      5. collecting overdue amounts;
      6. complying with laws and regulations applicable to us in or outside of Hong Kong; 
      7. responding or taking part in legal proceedings, including seeking professional advice;
      8. for direct marketing purposes (please see further details in Clause 2.2 below);
      9. communicating with you and responding to your questions or requests; and
      10. purposes directly related or incidental to the above.
    2. We intend to use your personal data in direct marketing (i.e. offering or advertising products or services by sending the relevant information directly to you). We require your consent specifically for this purpose and you may opt out any time. For the purpose of this clause:
      1. the personal data that may be used in direct marketing are those that you provide to us or we collect from you under Clause 1.1 above;
      2. the type of services or products that may be offered or advertised will be "The products or services, seminars, conferences or events, of us and of our affiliates or business partners".;
      3. the relevant information may be sent to you by "email, in-app message and any social media channels deemed necessary for the regular course of our business".;
      4. you may opt out any time by "emailing us at help@squareark.com". We will cease to send you marketing information without charge.
  1. Disclosure of your information 

We will keep your personal data we hold confidential but you agree we may provide information to:

      1. any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in Schedule 1 of the Securities and Futures Ordinance (Cap. 571) of the Law of Hong Kong;
      2. personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services (for example staff engaged in the fulfilment of your order, the processing of your payment and the provision of support services);
      3. our overseas offices, affiliates, business partners and counterparts (on a need-to-know basis only);
      4. persons under a duty of confidentiality to us;
      5. persons to whom we are required to make disclosure under applicable laws and regulations in or outside of Hong Kong; or
      6. actual or proposed transferees of our operations (or a substantial part thereof) in or outside of Hong Kong.
  1. Cookies
    1. Our Site uses cookies to distinguish you from other users of the Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site.
    2. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree to the use of cookies. Cookies contain information that is transferred to your computer's hard drive.
    3. We use persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Site or a partner site that uses our services. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
    4. We use the following cookies: 
      1. Strictly necessary cookies – These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
      2. Analytical/performance cookies – They allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily. 
      3. Functionality cookies – These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
      4. Targeting cookies – These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the information displayed on it more relevant to your interests.
    1. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you do so, you may not be able to access all or parts of our Site.
    2. We may use third-party web services on our Site. The service providers that administer these services use technologies such as cookies (which are likely to be analytical/performance cookies or targeting cookies), web server logs and web beacons to help us analyse how visitors use our Site and make the information displayed on it more relevant to your interests. The information collected through these means (including IP addresses) is disclosed to these service providers. These analytics services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.
  1. Third-party sites

Our Site, our App or our communication with you may from time to time contain links to third-party websites over which we have no control. If you follow a link to any of these websites, please note that they have their own practices and policies. We encourage you to read the privacy policies or statements of these websites understand your rights. We accept no responsibility or liability for any practices of third-party websites.

  1. Security 
    1. All information you provide to us is stored on our secure servers.
    2. Any payment transactions will be encrypted using TLS/SSL technology.
    3. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
    4. We restrict access to personal information to our employees, service providers and contractors on a strictly need-to-know basis and ensure that those persons are subject to contractual confidentiality obligations.
    5. We review our information collection, storage and processing practices from time to time to guard against unauthorised access, processing or use.
    6. Please note, however, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. 
  2. Data transfer
    1. The data that we collect from you may be transferred to, and stored at, a destination outside Hong Kong. It may also be processed by persons referred to in Clause 3 above who operate outside Hong Kong. 
    2. By submitting your personal data you agree to this transfer, storing or processing of data outside Hong Kong. We will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this privacy policy.
  3. Your rights
    1. You have the right to:
      1. check whether we hold personal data about you;
      2. access any personal data we hold about you; and
      3. require us to correct any inaccuracy or error in any personal data we hold about you.
    1. Any request under Clause 8.1 may be subject to a small administrative fee to meet our cost in processing your request.
  1. Changes to our privacy policy

We may amend this policy from time to time by posting the updated policy on our Site. By continuing to use our Site and our App after the changes come into effect means that you agree to be bound by the revised policy.

  1. Contact us

If you have any questions, comments or requests regarding personal data, please address them to:

Privacy Policy Team, 6/F KOHO, 75 Hung To Road, info@squareark.com

Last updated: 28 June 2019