Terms & Conditions

TERMS AND CONDITIONS


These terms and conditions apply to all users of the HKUST Souvenir Shop (http://souvenir.ust.hk) (the “Site”) which is operated by the Hong Kong University of Science and Technology (“HKUST” “we” “us” “our”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Use & Service (the “TOUS”) and any other rules posted on the Site (collectively, the “Terms and Conditions” or “T&C”). By using the Services, such as placing orders on the Site, you are agreeing to all of the Terms and Conditions. 
The Hong Kong University of Science and Technology is a public university in Hong Kong SAR. Our registered address is Clear Water Bay, Kowloon, Hong Kong. 
This agreement does not acknowledge any relationship between you and HKUST. It does not entitle you to hold yourself as a representative of HKUST. 
HKUST reserves the right to make changes to the Site, related policies and agreements, the Privacy Policy, Personal Information Collection Statement and this TOUS at any time. You are advised to check the Site from time to time to check the update or changes to the said policies and agreements, the Privacy Policy, Personal Information Collection Statement and the TOUS.
QUICK LINKS TO THE RELEVANT SECTIONS


REGISTRATION

 
You will need to register a site account to use some of the services available to you on the Site. In registering a site account you agree to provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Personal Information Collection Statement for more information on how we use your personal data. If you are under 18, you must let your parents or guardian know about the Site before you register to use the Site and the Services. The Site reserves the right to only accept orders from you if you are aged 18 or over. 

In using the Site, you agree to accept responsibility for all activities conducted through your site account. You are responsible for keeping your site account and password secure. If you feel or suspect that the security of your site account has been compromised or if there is unauthorized use of your site account, please contact us immediately.

PROHIBITIONS AND FAILURE TO COMPLY

 
We may take actions against your site account for activities including, but not limited to:

  • Using any technology to attempt to hide the use of multiple site accounts or disrupt any of our Services in any way;
  • Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material;
  • Advertising or sending unsolicited messages of any kind;
  • Impersonating others or providing any kind of false information. The Site reserves the right to terminate any site account at its sole discretion. We may send you an email to inform you of the termination of your site account in such event.


INTELLECTUAL PROPERTY


All software and content (which is defined as, or includes, any HTML codes, text, audio or music, video, graphics, photographs, and image) are the intellectual property of HKUST and are protected by intellectual property and copyright laws and international treaty provisions. The content is for your personal and non-commercial use only. Any non-personal and/or commercial use of the content is only permitted when expressly authorized by HKUST and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any content contained within the Site without prior consent or authorization of HKUST. Any such unauthorized actions may result in civil consequences or criminal penalties.
The Site reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

THIRD PARTY LINKS


The Site may include links to other websites or resources that are not operated or prepared by HKUST. We have no control over these websites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
The Site is not responsible for the content or accuracy of any off-site pages, which include but is not limited to partners, suppliers or courier companies. The Site does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content of those websites. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of those websites. 

ELIGIBILITY TO PURCHASE


In order to place orders with us, you must meet our conditions of eligibility:

  • Be aged 18 or over;
  • Be in possession of a valid credit/debit card issued by a licensed bank acceptable to the Site for payment or be in possession of a valid PayPal site account;
  • Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).

In placing an order with us, you authorize the Site to process a charge or charges on your credit/debit card or PayPal account in the amount of the total purchase price of your order, delivery charges, handling fee and service fee. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Personal Information Collection Statement for further information about how we use your data.
All orders are subject to stock availability and confirmation of the order price. Items in your shopping cart are not reserved and may be purchased by other customers. 
The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or any other commercial exploitation.

PRODUCT DESCRIPTION


The Site will try its best to ensure that the content and the product descriptions on the Site are accurate and complete as possible. We however do not warrant that content and product descriptions are fully accurate, complete, current or error-free. Please refer to our Refund and Exchange Policy if you feel a product offered by the Site is not as described. 


PRICING


Prices are shown on the Site in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavors to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

PAYMENT


PayPal is our authorized online payment system and it accepts payments made by Visa, MasterCard and China Union Pay. Credit cards issued by a licensed bank can make transactions in the website via PayPal. 
When selecting this option at checkout, you will be directed to the PayPal website to 'Log In' and review the amount shown before clicking 'Pay Now'. You can also choose guests checkout to pay without having a PayPal website account. Once this transaction is complete, you will then return to the Site. Payment will be debited and cleared from your site account upon dispatch of your order by the Site.
By placing an order using PayPal, you confirm that the above Credit card(s) or PayPal website account used is yours or that you have been authorized by the owner to use it. If your card issuer refuses to authorize payment to the Site, we will not be liable for any delay or non-delivery. 
PayPal’s payment processes meet the stringent international security standards set down by Payment Card Industry to make your shopping experience safe and secure. By using PayPal, you have decided to provide your card details to PayPal. And your details will be fully encrypted, solely used to process card transactions that you have initiated and stored on PayPal’s systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services. Please refer to PayPal at here to understand more before using. 

ACCEPTANCE OF YOUR ORDER

 
Once you have done the payment process in PayPal, a system acknowledgment email shall send you for your order confirmation. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and the Site will be completed once a system follow-up email of delivery arrangement send to the registered e-mail account. Only the goods listed in the delivery email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English.
The Site reserves its right not to accept an order for any reasons at its sole discretion. Such reasons include, but are not limited to, one of the following:

  • The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
  • We identify a pricing or product description error.
  • We are unable to obtain authorization for payment.
  • You do not meet the eligibility criteria to purchase as set out in this TOUS.

Our customer service will contact you as soon as possible if there are any problems with your order.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us. 

YOUR RIGHTS


Nothing in the TOUS is intended to affect your rights under the Law in Hong Kong SAR.

LIABILITY


Views expressed in any media by the designers, companies or third parties, whose products are sold in the Site or with whom we are associated, are their own. The Site takes no responsibility for any such views as they do not necessarily reflect ours. 
You shall ensure that the purchased products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the purchased items. You acknowledge and agree that the Site assumes no obligation or liability for any advice or information given with the purchased products and the Site shall not be responsible for any inaccuracy or misstatement of any such information.  
The Site does not hold legal liability for any product issues including product defects, manufacturer mistakes, dangerous product design, and failure to provide adequate warning. Your sole remedy is to return it for product exchange or refund.
HKUST does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed. 
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, HKUST will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOUS.

INDEMNITY AND WAIVER


At our request, you agree to compensate us fully and hold us, HKUST (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOUS by you. This includes the use of the Site by any other persons using your site account caused by your action or inaction.
If you breach the TOUS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOUS.


COMPLAINTS


We have our complaints handling procedures that we will use to try to resolve any disputes when they first arise. Please contact our Customer Service for any order related complaints via e-mail: souvenir@ust.hk.  The Site respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure. 

GOVERNING LAW AND JURISDICTION 


The TOUS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOUS.