A user is any person who uses the Services and shall include any subscriber. A subscriber is a user who subscribes through the Websites to use those Services which are limited to a subscriber.
1.3 If you subscribe for the Services as a subscriber, you irrevocably and unconditionally agree to keep your login name and password, if so provided by SMG, for accessing the Services as a subscriber in confidential and not to allow any third party using your login name and password under your account. You agree that you will be responsible for any loss incurred to SMG as a result of any breach of the foregoing.
2.1 You do not need to be a subscriber to use much of the functionality of the Websites or to access much of the Services. However, you must be a subscriber in order to make a purchase from the Websites or use or participate in the Forums as defined in Clause 5 below. We reserve the right to decline a user to subscribe for the Services as a subscriber or to cancel a subscription of a subscriber at any time
2.3 Once you have subscribed as a subscriber, we may allocate a user name and or password to you. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You irrevocably and unconditionally agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Services and the Websites and you are fully responsible for any obligations and liabilities thus incurred.
2.4 We only accept a valid personal email address for the purpose of accepting a subscription by a user. We may require users to re-validate their email address if we believe they have been using an invalid email address.
2.5 We reserve the absolute right to terminate the subscription of a subscriber if we believe that such subscriber is seen to be using the Services or accessing the Websites in an improper manner.
3.1 Upon your subscription for the Services or using the Services as a user from time to time, SMG will request you to provide your personal data (as defined in the Personal Data (Privacy) Ordinance, Cap.486 Laws of Hong Kong (“Personal Data (Privacy) Ordinance”)) to be set out in any subscription form for any Services and any other information obtained from you or from another source (“Personal Data”). You may decline to provide the Personal Data but in that case SMG reserves the right to refuse to provide the Services to you.
3.2 You represent, warrant and covenant:
3.2.1 your personal data and other information provided to us for subscription purpose and using the Services, including purchasing Coupons pursuant to the provisions of Clause 6 below, are true and accurate; and
3.2.2 that you will not allow any third party to use or to access the Services by using your user name and/or password or otherwise use your account with SMG.
4.1 The contents of the Services, including but not limited to, text, photographs, graphics, video and audio content uploaded or displayed on the Websites (the “Content”) is protected by the copyright laws enforced in the Hong Kong SAR and other countries, and owned or controlled by SMG, its affiliates, licensors or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Services.
4.2 No user or subscriber of the Services shall copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services by any means, including either hard copy or in any electronic form, directly or indirectly, without prior written consent from SMG.
4.3 Without limiting the generality of the foregoing, all use of the Services and Content are only for non-commercial use only. You must not re-distribute, copy or share any part of the Services or Content over any network, including a local area network, nor sell or offer it for sale or distribute without giving proper and accurate reference to its source.
5.1 In the event facilities enabling the subscribers to upload or post any messages on the Websites including, without limitation, message boards, blogs, forums or other instant message facilities (the “Forums”) are available in the Services, the terms and conditions in this Clause 5 shall apply and bind you.
5.2 The Forms are only available for the use of subscribers. Any user who wishes to use the Forums must first subscribe for the Services as a subscriber.
5.3 You shall not upload post, transmit, or distribute or otherwise make available on the Forums any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
5.4 You agree that you will not threaten or verbally abuse other users, use defamatory or indecent language, or deliberately disrupt discussions with repetitive messages, meaningless messages or spam.
5.5 You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability.
5.6 You undertake not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation.
5.7 Uploading or posting messages containing libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material is a material breach of this Agreement. SMG reserves all its rights in enforcing its rights in case of your breach and may immediately and permanently suspend your access to all or part of the Services.
5.8 Messages you uploaded or posted on the Forums shall not be of any commercial nature. You shall not, without the express approval of SMG, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
5.9 You are solely responsible for any liability arisen from the publication of your messages. However, SMG shall have the right (but not the obligation) to review or edit any messages you uploaded or posted on the Websites and at its sole discretion to refuse publication of, delete, move, or edit any messages.
5.10 You hereby grant to us a non-exclusive, perpetual, royalty-free, transferable, sub-licensable worldwide license to republish any material you submit to us in any format, including without limitation print and electronic format.
5.11 You hereby acknowledge, consent and agree that SMG may access, preserve and disclose your personal data and content of messages you uploaded or posted on SMG in accordance with Clause 5.
6.1 SMG facilitates the sale of online and/or physical coupons (Coupons) provided by a third party merchant or service provider (Merchant) through the Websites which can redeemed for products or services of specific value (Goods) from such Merchant. SMG only sells Coupons to a subscriber.
6.2 You accept that the redemption of any Coupon is also subject to the specific terms attached to such Coupon or stipulated by the relevant Merchant.
6.3 If you purchase Coupons from SMG, you also accept that SMG may send you administrative, marketing and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Websites, the Services, offers of Coupons as well as other promotional offers. However, you can always opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.
6.5 Any Coupon sold by SMG to you is non-refundable or cancellable unless specified in the terms of the relevant Coupon.
6.7 You acknowledge that the Merchant, and not SMG, is:
6.7.1 the seller of the Goods;
6.7.2 solely responsible for providing you with the Goods; and
6.7.3 solely responsible for redeeming any Coupon you purchased.
6.8 Restrictions: (i) Reproduction, sale, resale or trade of a Coupon is prohibited. Any attempt to carry out any of these will potentially void the Coupon at our discretion. (ii) If the Coupon is redeemed for less than its face value, there is no entitlement to a credit, cash or new Coupon equal to the difference between the face value and the amount redeemed. Also, Coupons are redeemable in their entirety only and may not be redeemed incrementally or partially.
6.9 Combination: It is at the discretion of the Merchant to determine whether Coupons can be combined or used jointly with any other promotions, Coupons, third party certificates or coupons.
6.10 Lost/stolen Coupons: Neither we nor the Merchant are responsible for lost or stolen Coupons.
6.11 Expiry: The Coupon (including, but not limited to, any discounts provided by or through the Coupon) expires on the date specified on the Coupon.
6.13 Tax: The sale of Coupons by us is not subject to any sale tax but we reserve the right to charge you any sale tax subject to change of governmental policies.
7.1 SMG reserves the right at any time to charge fees for access to portions of the Services or the Services as a whole. Where fees and charges are (at your election) charged to your credit card, SMG reserves the right to charge additional fees and charges for renewed and/or continuing subscriptions to the credit card for which details have previously been provided to SMG.
7.2 You expressly agree that SMG shall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you.
8.1 The Services contain links to other websites. SMG is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to the site administrator or webmaster of such sites.
8.2 The contents of other websites, services, goods or advertisements that may be linked from the Websites are not maintained or controlled by SMG. SMG is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked from, or advertised on the Websites. SMG does not:
8.2.1 make any warranty, express or implied, with respect to the use of the links provided on the Websites;
8.2.2 guarantee the accuracy, veracity, reliability, completeness,
8.2.3 usefulness or adequacy of any other websites, services, goods or advertisements that may be linked from the Websites; or
8.2.4 make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked from the Websites.
9.1 SMG has the right to provide you and or allow certain third party vendors to provide you with information about the Services and any other products and services provided by third parties.
9.3 SMG may, from time to time, send you any electronic mails or digital messages of promotional or marketing nature, if you do not intend to receive such electronic mails or digital messages from SMG, you can give us written notice regarding the same or by using our unsubscribed facility made available on the Websites to unsubscribe from receiving any electronic mails or digital messages of promotional or marketing nature.
9.5 We reserve the right to and you irrevocably and unconditionally agree that SMG can gather and use your Personal Date and other information about your usage and demographics, and agree to maintain your data privacy, in accordance with the Personal Data (Privacy) Ordinance. For more information please read the Privacy Agreement on the Websites.
10.1 SMG may:
10.1.1 deactivate or suspend the Services or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; and/or
10.1.2 limit or suspend your access to any of the Services with or without notice to you if SMG is of the opinion that such action is appropriate as a result of your use of the Services.
10.2 Any subscription of Services may be terminated by either party for any reason at any time by giving a written notice to the other party. You are responsible for all charges incurred, if any, up to the time of deactivation of your account by SMG. Any subscription of Services shall remain valid and effective until one party terminates the same in the manner prescribed above.
10.3 Termination hereunder shall not affect SMG’ rights in relation to any antecedent breach or liability incurred prior to the date of termination.
11.1 SMG and its agents, licensors or other third-party providers or Merchants:
11.1.1 do not warrant that the Services will be uninterrupted or error-free;
11.1.2 are not responsible for the availability, content or services of other third party providers or Merchants;
11.1.3 do not endorse the accuracy, satisfactory quality, completeness, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Services or available through links in the Services;
11.1.4 do not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain any destructive features or viruses, worms or otherwise and you rely on the Services and any materials available through the service, you do so solely at your own risk;
11.1.5 do not warrant or guarantee the accuracy, completeness, quality, fitness for purpose of the Goods provided through or under the Coupons purchased by you;
11.1.6 are not owners, organizers or providers of any social events provided, organized or communicated through the Websites so we are not responsible for any risk, liability and insurance of such social events and you join, attend or participate in such social events at your own risks; and
11.1.7 are not responsible for any liability for loss of revenue, actual or anticipated profits, contracts, business, opportunity, goodwill or reputation arising out of or from the use of the Services or the Websites.
11.2 The Content and any other information, materials and opinions contained in the Websites and through the Services are for general information purposes only, should not be construed as legal, accounting, financial or tax advice or opinion on any specific facts or circumstances and should not be relied upon in that regard. You must not rely on any statement, materials or information published on the Websites or obtained through the Services without taking independent legal or other professional advice in relevant jurisdiction(s). SMG reserves the right to correct any errors or omissions in the Services. Neither SMG nor any other SMG’s affiliate, subsidiary, officer or agent accepts any responsibility for any loss which may arise from reliance on information or materials published on the Websites.
11.3 This disclaimer of liability applies to any loss, damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation or transmission due to internet traffic or otherwise, computer virus or other harmful item, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, caused by your computer or for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that SMG is not liable for any defamatory, offensive, or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with the User.
13.1 You irrevocably and unconditionally agrees to fully and effectually indemnify, defend and hold harmless SMG and all of its officers, directors, owners, employees, representatives, agents, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) from and against any and all loss, liability or costs, including, without limitation, full legal costs on a full indemnity basis, incurred by the Indemnified Parties in connection with o r arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from:
13.1.1 your use of the Services or Websites;
13.1.2 the use of a Coupon purchased by you;
13.1.3 the use of the Services or Websites through your user name and or password; or
13.2 In pursuant with the provisions of Clause 12.1 above, you shall cooperate as fully as reasonable required in our handling of any such claim. SMG reserves the right to assume the exclusive defence and control of any matter subject to the indemnification by you and SMG shall be entitled to be reimbursed by you for the full costs incurred.