條款及細則
TERMS OF USEThis Website is operated by Upper East Holdings Limited, an authorized licensee of PRIZM Your use of this website located at is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the website.
PRIZM, Inc., including our group or affiliated companies ("PRIZM" or "we" or "us") reserve the right to change, modify, add or remove portions of these terms at any time for any reason. We suggest that you review these terms periodically for changes. Such changes shall be effective immediately upon posting. You acknowledge that by accessing the Website after we have posted changes to these terms, you are agreeing to these terms as modified.USE OF WEBSITEThe Website is for the sole use of individuals and entities wishing to contact PRIZM, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). Please refer to the Privacy Policy, which intends to protect the privacy and freedom of PRIZM’s customers and the personal relationship PRIZM works to develop with its customers and others authorized to use the Website.Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order
CURRENCY/QUOTES/CUSTOM ORDERS/CHANGES
The prices displayed on this Website are quoted in Hong Kong Dollars and are valid and effective only in Hong Kong. Price quotes are good for thirty (30) days. PRIZM will provide proofs of custom artwork that must be approved by you in person or via fax or email. By finalizing your order, you are verifying that all information is accurate. PRIZM is not responsible for any errors in artwork or copies provided by you. PRIZM is not responsible for any errors once such custom work is approved by you.
PRIZM cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the PRIZM website. PRIZM reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from PRIZM. PRIZM may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the PRIZM website vs. products in store. PRIZM cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the PRIZM website. PRIZM reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from PRIZM. PRIZM may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the PRIZM website vs. products in store.
Orders cannot be cancelled once PRIZM has begun processing the order. In order to promptly deliver our candy as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. We are unable to accommodate requests to change or cancel an order after two hours have passed since the order was placed. Any changes to or cancellation of an order can only be made with PRIZM’s prior written approval and additional charges may apply. Any agreement by PRIZM to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by PRIZM to that point, and you agree that such amounts may be deducted from any payments previously made to PRIZM. Accordingly, we encourage you to carefully check your order before submitting it.As nearly all of our products are either edible or personalized, all sales are final and no refunds or store credit will be issued.
COPYRIGHT
The content contained on the Website is owned or licensed by PRIZM and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, or modify the Website. You may download material displayed on the Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website for public or commercial purposes, including all text, images, audio, and video, without PRIZM's written permission. Modification or use of the materials for any other purpose violates PRIZM's intellectual property rights.You agree that you own or license the copyright of (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms. Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of PRIZM using the images you supply. For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright or trademark law, or that any necessary permission for PRIZM to reproduce the images has been obtained. We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for PRIZM’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, PRIZM shall not be liable for any claim arising out of the performance, non-performance or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by PRIZM.
SUBMISSION AND USE OF COMMUNITY FEATURES
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to shall be and remain the exclusive property of PRIZM. Your submission of any such Comments shall constitute an assignment to PRIZM of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. PRIZM will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
DELIVERY
Delivery will be deemed to have taken place at the time PRIZM places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. PRIZM is not responsible for lost, stolen or damaged goods once an order leaves our possession.If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.
DISCLAIMER
This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that PRIZM shall not be liable for any damages of any kind related to your use of this Website.
IDEMNIFICATION
You agree to defend, indemnify and hold PRIZM harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of this Website in violation of these terms.JURISDICTION AND GOVERNING LAWThese terms shall be governed and construed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. Any disputes arising in connection with the Privacy Policy shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.
互聯網私隱政策
PRIZM, Inc., including our group or affiliated companies ("PRIZM" or "we" or "us") realizes the importance of privacy when you visit our website located at (“Website”) and will keep your personal data confidential and secure by complying with the requirements of the Hong Kong Personal Data (Privacy) Ordinance (“PDPO”). We will ensure compliance by our staff and follow this Privacy Policy as specified below or as amended from time to time by us. Nothing in this Privacy Policy will limit your rights under the PDPO.1. Collecting Personal Data
PRIZM may collect some of your personal data when you join any activity organized by us and our partners or affiliates. The provision of your personal data to PRIZM is necessary for us to provide services to you. In the event that you do not provide such information to us, we may not be able to provide any service to you. For the purpose of this Privacy Policy, "affiliates" shall include any entity directly or indirectly held by any direct or indirect shareholder of PRIZM.Separately, we use "cookies" or other technology (collectively “cookies”) to collect and store information about your internet connection when you visit our Website. Cookies or other technology help us to provide customized services and information. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. You are free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Website.
2. Use of Personal Data
PRIZM uses your information to deliver our products and/or services to you, administer your account, conduct general customer affairs, conduct research and analysis, communicate with you from time to time so that you can obtain newsletters (such as customer benefits, details of activities, etc.) and marketing information, activities, products and services in relation to food and beverage and other PRIZM merchandizes. In respect of the uses stated herein, your personal data, including your name, telephone number and electronic mail address, may be provided by us to third party data processors or services providers (including, without limitation, logistics companies, data companies, telecommunication companies and information technology companies) engaged by us for the above purposes.
3. Retention of Personal Data
PRIZM will keep all your personal data confidential and secure at all times. The information shall only be maintained by PRIZM for the period of time necessary to fulfill the purpose of use of such data (including any purpose directly related).
4. Direct marketing
PRIZM intends to use your personal data for direct marketing purposes. You will need to give your consent (including representation of no objection) before any processing takes place. Please note the following:
4.1. PRIZM may use data from time to time collected and kept by us, including your name, telephone number and electronic mail address, for direct marketing purposes;
4.2. Services, products and market subject to be used for direct marketing: information, activities, products and services in relation to food and beverages, other PRIZM merchandise, and courses and activities organized by us and our partners or affiliates.
4.3. In order to conduct the above direct marketing, PRIZM may engage third party data processors or services providers (including, without limitation, logistics companies, data companies, telecommunication companies and information technology companies) to complete the tasks;
4.4. PRIZM may transmit or disclose any of your personal data to companies (including our group or affiliated companies and our business partners (including our franchisee Upper East Corporation Limited and its subsidiaries and affiliates) that provide administrative, telecommunication, computer, payment, insurance, professional, support or other services to us (such as credit card processors or other payment services providers, mailing houses or website hosts) and that help us market our products and services (such as email vendors) for direct marketing purposes. When you give your consent (including no objection) in relation to the above use to us when provide the personal data, you represent that you have consented to our use of your personal data for the above purposes. In case you do not wish PRIZM to so use personal data at any time, you may contact us to withdraw your consent or to change your mode of consent.
5. Right to request access to correction of personal data
5.1. You have the right to request access to and correction of your personal data held by us about you in accordance with the provisions of the PDPO. If you have any enquires regarding personal data, or requests for access to personal data or correction of personal data, you may contact us.
5.2 In accordance with the terms of PDPO, PRIZM has the right to charge a reasonable fee for the processing of your data access request.
6. Disclosure of personal data
We may disclose your personal data if requested by authorities, courts or tribunals under applicable law or regulation.
7. Revisions to this Privacy Policy
We may review this Privacy Policy from time to time and may update and amend the same. Any amendment, update or revision to this Privacy Policy shall be effective upon posting of the same in our website.
8. Governing law
The Privacy Policy shall be governed and construed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. Any disputes arising in connection with the Privacy Policy shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.
