Terms & Conditions
1. Acceptance of Terms & Conditions
We are glad that you have chosen to visit http://www.leisuredip.com (the “Website”) and utilize our services. The Website provides or will provide a wide variety of resources to members including without limitation to providing an opportunity to participate in an online auction (the Services”).
By accessing and using the Website and the Services provided in the Website, you accept and agree to be bound by the terms and provisions of this Terms & Conditions (“Agreement”), which may be updated by us from time to time without further notice to you. You can always review the updated version of the Agreement at http://www.leisuredip.com. The Agreement is binding on the existing and all future access and use of the Website regardless of whether there is a contractual relationship between you and us unless any term or condition of the Agreement is expressly altered/ amended by us in written form. Each time you access the Website will be taken as confirmation that you understand and agree with the latest terms of this Agreement.
You also acknowledge and accept that you as a buyer on a sale by auction is not in any circumstances to be regarded as “dealing as consumer” in accordance with section 4 of the Control of Exemption Clauses Ordinance (Cap. 71, the laws of Hong Kong).
You further acknowledge and accept that an offer and acceptance of buying the goods through online auction are in whole expressed by means of electronic records and you shall not challenge the validity of the possible contractual relationship between you and us on the sole ground that an electronic record was used for that purpose.
2. Your Registration Obligations
In consideration of your access and use of the Website, you represent that you are of legal age to form a binding contract. You also agree to:
- provide true, accurate, not otherwise misleading, current and complete information about yourself; and
- maintain and promptly update your information as described in Clause 2(a) above to keep it true, accurate, not otherwise misleading, current and complete.
If you provide any information which is untrue, inaccurate, misleading, incomplete, or not updated, or we have reasonable grounds to suspect that such information is untrue, inaccurate, misleading, incomplete, or not updated, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Website.
Employees, shareholders of Leisuredip and their next of kin are not eligible to register or participate in Leisuredip DipMatch under any circumstances. They are prohibited from attempting to influence the outcome of DipMatch in any way. They are prohibited from providing any information beyond that available on the Leisureidp website to dipper or potential dippers.
Leisuredip reserves the right to temporarily or permanently disqualify a user, or disable their account. Users will be disqualified when in the reasonable opinion of Leisuredip, a member has violated the laws or the rights of third parties. A user will be disqualified if such DipMatch will protect the rights of other users, or to prevent unauthorized manipulation or use of Leisuredip.
Examples of such unauthorized usage include (but are not limited to)
- use of unauthorized third-party bidding software, or
- set up of multiple user accounts by the same individual.
In case of a breach of these terms by a user, Leisuredip reserves the right to withhold deliveries or refunds for DipMatches. Leisuredip also reserves the right to make a reasonable administration charge deductible for unused bids at its discretion. Furthermore, Leisuredip reserves the right to limit the number of Auctions a user may participate in at its own discretion.
3. Member Account, Password and Security
You can set your own password and account designation upon completing the registration process of the Website. You should set a unique password unrelated to your name, or family member names, or identification numbers, or dates or places of birth or things of interest. The best passwords are randomly selected sequences of numbers, letters and symbols. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
- immediately notify us of any unauthorized use of your password or account or any other breach of security; and
- ensure that you exit from your account at the end of each session.
We shall not be liable for any loss or damage arising from your failure to comply with this Clause 3 of the Agreement.
4. Delay in Receiving Bids
You understand and acknowledge that we provide the Services under the Website from a wide range of internet service providers and telecommunication companies. You acknowledge and accept that there is inevitably a delay (no matter how short it may be) between the time when you send out a message of bidding and the time when we receive your message of bidding (“Delay in Receiving Bids”). The length of such Delay in Receiving Bids will vary from time to time depending on factors (including without limitation to the speed of the computer you are using and the traffic of the Website) not controllable by us. We shall not be liable for any loss or damage arising from you due to any Delay in Receiving Bids.
5. Sufficient “DIP”
You are required to purchase “DIP” via credit card so that you can enjoy the Services under the Website. You are reminded to make sure that sufficient “DIPs” are purchased. We shall not be liable for any loss or damage arising from you due to the fact that you have insufficient “DIP” to enjoy the Services under the Website.
6. Ownership and use of Material and Information on the Website
The Website displays brands, trade marks and registered trade marks, which are registered in Hong Kong Special Administrative Region of People’s Republic of China and/or other countries / regions. Unless otherwise stated, we own the intellectual property rights in the content and information in the Website, including but not limited to all text, format, arrangement, sound, photographs, digital images, logos, videos, graphics, design, underlying source code and software. Other product and company names mentioned on the Website are proprietary to their respective owners. Material and information, either whole or in part, from this website should not be reproduced, stored, copied, republished, downloaded, posted, broadcast or transmitted in any form or medium without our and/or the appropriate owner’s prior written permission.
7. Links
You shall not include a link to our website without our written submission. The Website may provide links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and are not responsible for any content or other materials on or available from such sites or resources.
8. Cookies
To optimize the Website, we inserted “cookies” in your web browser. A “cookie” is a small text file that is stored in your computer's hard drive by our Web server. Cookies are set up as part of Internet technology and does not bring any harm to your computer system By setting configurations of your browser you can determine whether and, if necessary, how you would allow the use of cookies on your computer .
We use cookies for various purposes, for example to determine whether you visited our website at an earlier moment. Although with cookies the computer that you are using could be identified, but none of your personal data would be saved by cookies. We do not use that kind of technology, in which the incidental information is associated with the users’ personal data, in that case your identity or email address would be noted.
9. Virus Warning
We do not represent or warrant that any files obtained from or through the Website are free from computer viruses or other defects. You acknowledge and accept all responsibility for any loss, damage or other consequence resulting directly or indirectly from the use of those files. You should install and maintain your own anti-virus program and/or other security precautions.
10. Delivery of Goods
The goods are delivered from and by us to your designated address within Hong Kong Special Administrative Region, the People’s Republic of China (the “Designated Address”), at a period of time to be agreed between you and us (the “Agreed Time”). All such costs of delivery will be borne by us. We have the absolute discretion to choose the delivery mode and route to your Designated Address, although will endeavor to find the most cost-effective delivery way. The goods are delivered with insurance by us, unless otherwise agreed with you.
We provide courier and delivery of goods from a wide range of courier companies. The provision of such arrangement will be subject to the terms and conditions of each supplier as part of the Agreement between you and us.
We shall not be hold liable for any delay of delivery of the goods to the Designated Address for less than seven (7) days from the date of the Agreed Time.
11. Retention of title
The goods delivered from and by us remain our property until we receive the full payment and deliver the goods to you. The title to and the risk of goods will immediately pass to you when you fully pay for and physically receive the goods.
12. Legal Notice
Any notice to us shall be directed at the following mail or email addresses:
Mail address: Room 1703, Shanghai Industrial Investment Building, 48-62 Hennessy Road, Wanchai, Hong Kong
Email address: support@leisuredip.com
13. Personal Data Protection
This statement describes our personal data protection policy and sets out how we deal with your personal data.
Principle 1 - Collection
We collect process and utilize your personal data when you visit the Website and apply for registration of a member of the Website. We collect your personal data (such as name, postal address or e-mail address and telephone number, credit card number etc.), only to carry out the Services offered by us. These data are forwarded to our responsible department or person. All your personal data are provided to us on a voluntary basis but if you do not provide us with all personal data we requested, we may not be able to provide the Services to you under the Website.
General information related to the use of the Website (such as number of visitors, visited pages or duration of usage) is saved and analyzed if necessary, in order to carry out the acceptance test for individual web page. The collection of this data shall, unless otherwise indicated, undertaken in an anonymous form for statistical purposes and serve the market research.
In addition, we assure you that we would evidently comply with the statutory regulations for the use of data, so that you would feel safe when using the Website.
We will treat your personal data as confidential. However, from time to time, we may need to disclose your personal data to other persons in order to carry out our activities or because we are required to do so by law. Where possible, we will try to ensure that the recipient of the personal data also agrees to treat it as confidential and in accordance with the provisions of the Ordinance.
Principle 2 - Accuracy and retention
We will, where practicable, take steps to ensure that the personal data we maintain on you are accurate, but you should note that responsibility for informing us of changes in your personal data rests with you. We cannot establish whether your personal data are correct unless you notify us of any changes. If your personal data are incorrect, we will take steps to correct such personal data before we use such data or will ensure that they are erased.
We will from time to time review whether we still need to keep your personal data. Personal data which are no longer required will be deleted.
Principle 3 - Use
Unless with your consent, we will not use your personal data for any purpose other than the purpose for which they were collected (or a directly related purpose).
Principle 4 - Security
We will take reasonable and practical steps to protect your personal data against unauthorized or accidental access, processing, erasure or use.
We have produced a Code of Practice to provide guidance to staff.
Principle 5 - Information
By this Agreement, we have informed you on or before collecting personal data from you:-
1. why we are collecting your personal data;
2. the purposes for which this may be used;
3. whom it may be transferred to; and
4. our policies and practices in relation to personal data.
Principle 6 - Access and correction
In accordance with the Ordinance, you are entitled to write to us:-
1. to ascertain whether we hold personal data on you; and, if so
2. to ask for a copy of such personal data; and
3. to require any inaccuracies in such personal data to be corrected.
You may make such request with the forms available in the Website for such purpose. We may charge you a fee to cover our administrative costs.
Personal Data (Privacy) Statement on E-mail
You are welcome to contact us by e-mail. Any reply to you will normally be made through e-mail unless otherwise specified by you. We would like to draw your attention to the possible risk of such e-mails being accessible to unauthorized third parties.
14. System Outage
A system outage has occurred if dips cannot be submitted successfully for the DipMatch items due to an unpredictable system or network disruption. In such a case, DipMatch that end during the disruption will be suspended temporarily, all DipPoints that were previously consumed on these DipMatch will be refunded to participating dippers. Any money paid for a product will be refunded.
With the currently available technology, it is not possible to guarantee computer programs (software) and data processing systems (hardware) completely operate without errors, or to eliminate any unpredictable events in connection with the internet. Leisuredip, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, Leisuredip shall not be liable for any damage whatsoever incurred by DipMatch users or third parties from using Leisuredip's services. In particular, Leisuredip shall not be liable for damage that occurs due to dips submitted by DipMatch users not being received by Leisuredip or not being received promptly or not being considered, as a consequence of technical faults.
15. Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES UNDER THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
- WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBISTE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN USING THE WEBISTE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE OR DELAY IN THE USE OF THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ANY DATA IN OR CONNECTED TO YOUR COMPUTER; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (e) ANY VIRUS; OR (f) ANY OTHER MATTER RELATING TO THE WEBSITE.
17. Governing Laws
The Agreement is governed by, construed and enforced in accordance with the laws of Hong Kong Special Administrative Region, the People’s Republic of China. Any disputes arising from the Agreement or in connection with the use of the Website are subject to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region, the People’s Republic of China. The Website may be accessed from overseas. We make no representation that the content on the Website complies with the laws of any country or region outside Hong Kong Special Administrative Region, the People’s Republic of China. If you access the Website from outside Hong Kong Special Administrative Region, the People’s Republic of China, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the content and the Services contained in the Website is in compliance with all laws in the place in which you are located.
