BY USING OUR WEBSITE AND / OR ENGAGING FOR SERVICES PROVIDED BY US, YOU AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY. PLEASE READ THEM CAREFULLY BEFORE USING OUR SITE AND / OR ENGAGING OUR SERVICES. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR WEBSITE OR ENGAGE OUR SERVICES.
WEBSITE TERMS AND CONDITIONS
1. ABOUT THE WEBSITE
The terms “we,” “us” and “our” refer to VS Consulting Limited (trading as HK Wine Adventures). The terms “Website” or “Site” refers to https://www.hkwineadventures.com/ as well as other social media platforms linked on the Website including Instagram, Facebook and LinkedIn operated by us. The terms “user,” “users,” “you,” and “your” refer to website visitors and customers, whether personal or business entities, and include, but are not limited to, your agents, representatives, contractors, affiliates, and employees.
Thank you for visiting our Website. These Website Terms and Conditions (“Terms”) apply to all users, customers, and other visitors of our Website. By using our Website and/or signing up for our events including by purchasing a ticket to our wine tasting events which may be sold online or by any other method (“Ticket”) or purchasing any product and / or service which we have for sale (“Products”), you hereby agree to have read and acknowledged these Terms without modification.
We have endeavoured to prepare the Website content in accordance with Hong Kong law. It does not warrant that the Website will satisfy the laws of any jurisdiction other than Hong Kong.
2. ACCEPTANCE OF THE TERMS
You accept the Terms by remaining on our Website, including (but not limited to) subscribing to our newsletter and / or purchasing a Ticket or a Product. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.
We may change or amend the Terms at any time. Any changes to the Terms will be posted on our Website and will be effective when published unless otherwise stated. If you use our Website or purchase a Ticket or a Product after the effective date of any changes, you therefore agree to comply with the changes and the updated Terms.
We take your privacy seriously and any information which you provide (knowingly or unknowingly) through your use of the Website are subject to our Privacy Policy. We do not sell or license your Personal Data to third-parties for their own marketing or commercial purposes, unless you provide your express prior consent.
By purchasing a Product or Ticket from this Website, you are entering into a contract with us. At the time of your purchase, if you are sent a direct download link no refunds will be available.
3. LAWFUL USE ONLY
To use or access our Website and / or purchase Tickets or Products, you must be 18 years or not considered a minor in your country of residence for the purposes of entering into a contract, whichever is older, and have the capacity to understand these Terms.
All users shall use this Website and / or purchase Tickets or Products from it for lawful purposes only. You agree to use our Website, any of its content, purchase any Tickets and / or Products for legitimate and non-commercial purposes only. You shall not upload or transmit any material through our Website which violates or infringes our rights or those of others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which may reasonably incite or induce criminal or illegal activity or that would give rise to civil liability or otherwise breach any law.
4. PAYMENT TERMS
You may purchase the Tickets or Products through the Website or by other methods. In your purchase of the Tickets or Products, you will agree that advance payment in full of the stated purchase price shall be payable upon receipt of our invoice or upon arriving at the payment page on the Website, unless stated otherwise (such as if a Fee Deposit payment has been agreed).
If a Fee Deposit payment has been agreed the details of it can be found in our Engagement Letter (as may be applicable) for the applicable service. We are entitled to charge you late payment interest at the rate of 8% over the Hong Kong Monetary Authority’s base rate from time to time per annum, calculated daily for the balance payment including where a Fee Deposit payment has been agreed. Any costs we incur in taking steps to enforce payment terms against you will be recoverable and payable by you.
The fee is to be paid to us by the available payment options of bank transfer and Stripe (“Payment Gateway Provider”). Once the full purchase price is received by us, we shall provide a receipt to you and confirm how you will receive the Product and / or details of the Ticket purchased, as applicable.
If you elect to pay by credit card a surcharge levied by the Payment Gateway Provider may be payable and will be added to the final bill payment.
You shall familiarise yourself with, and agree to also be bound by, the applicable terms and privacy policy of the applicable Payment Gateway Provider.
5. TICKETING AND REFUND POLICY
You can only purchase the number of Tickets within the predefined ticket purchase limit for an event. Ticket purchases may be restricted to a maximum number per person, per credit card, and, for some events; a restriction may apply per household.
Events may occasionally be cancelled or rescheduled by us or a partner or venue for a variety of reasons. We reserve the right to cancel Tickets without prior notice, including where (i) a Ticket is purchased in excess of the permitted number, (ii) the applicable event for which the Ticket was purchased does not receive sufficient sign ups; or (iii) we have identified any breaches in your purchase. The use of automated means to purchase tickets is strictly prohibited.
We accept payments online using Visa and MasterCard credit / debit card in HKD (Hong Kong Dollars). If “Credit / Debit Card” is selected as your payment method, the details on your ID (Card holders ID) should exactly match that of the credit card used to make the purchase.
Tickets are generally sold through various sales channels including our Website, and various ticketing platforms. As all the sales channels are using the same ticketing system and inventory, therefore popular events’ Tickets may be sold out quickly. Occasionally, additional Tickets may be available prior to an event, however, we may not control any ticketing inventory or its availability.
If an event is cancelled, we will announce refund procedures as soon as possible and any refund limitations (if applicable). It is your responsibility to ascertain whether an event has been cancelled and the date and time of any events. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify you of the cancellation but do not guarantee that you will be informed of such cancellation before the date of the event. If we cancel an event due to insufficient sign ups 72 hours prior to the scheduled event, you will receive a full refund of the Ticket price.
From time to time special circumstances may arise where you cannot attend an event for extenuating circumstances, in which case we will review such circumstances on a case-by-case basis. This, however, does not guarantee that we will agree to a refund (less administration charges). Any refunds agreed against any purchase through the Website will be refunded to the original mode of payment.
Tickets are issued subject to the rules and regulations of the venue and event partners. Breach of any of these rules and regulations or any unacceptable behaviour likely to cause damage, nuisance, or injury shall entitle the venue or us to eject you from the venue. The venue reserves the right to refuse admission should patrons breach any rules and regulations of the venue or us. The venue may on occasions have to conduct security searches to ensure the safety of the patrons.
We and / or our venue partners may also prohibit patrons from bringing food and drink from outside.
Neither we nor the venue or event partners will accept any responsibility for any personal property.
6. DISCLAIMER
Use of the Website and / any Tickets or Products purchased from it, is at your own risk. Everything on the Website, including the Tickets and the Products sold, are provided to you "as is where is" and on an "as available" basis, without warranty or condition of any kind.
We have made every effort to accurately represent the Products and Tickets provided on our Website. All information on the Website, including (but not limited to) our Products and Tickets, is prepared so that it is current as at the date of writing or recording. It should be noted that such information can become out of date and you must make your own assessment of the information and rely on it wholly at your own risk. We do not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
Under no circumstances shall we be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on web sites that link to this Website and/or any of the Website content.
Any testimonials and/or examples of results experienced are not intended to represent or guarantee that you will achieve the same or similar results. We have no obligation to you if your purchase does not lead to your desired results.
7. NO WARRANTIES
While we use reasonable efforts to include accurate and up-to-date information in the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.
None of our affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about their content or any products or services (including ours) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of using the Website and any Tickets or Products purchased from it.
8. INTELLECTUAL PROPERTY AND COPYRIGHT
The Website, including any Products or Tickets available on it, are subject to copyright, trademarks and other forms of proprietary rights. All material on the Website is protected by copyright under the laws of Hong Kong SAR and subject to our rights under applicable international treaties. Unless otherwise indicated, all rights to “Intellectual Property” (including copyright, trademarks and other forms of proprietary rights) in the Site content, documents, materials, products and compilation of the Website (including text, images, graphics, logos, button icons, video images, audio clips, podcasts and software) and any Products or services are owned or controlled by us for these purposes, and are reserved by us or our contributors.
We retain all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you any of our Intellectual Property, including but not limited to:
(a) our business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
(b) the right to use or exploit our business name, trading name, domain name, trade mark or industrial design; or
(c) our system or process that is the subject of a patent, registered design or copyright (including an adaptation or modification of such a system or process).
You may not, without our prior written permission and the permission of any other third party rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or any third party content for any purpose. This prohibition excludes materials on the Website which are available for re-use or are in the public domain.
This Website may use free stock photography as part of its design. All stock images used come with an irrevocable, non-exclusive copyright licence to download, copy, distribute, use and / or modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.
As for licensed photos displayed on this Website, you may use information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Certain product and company names mentioned on this Website or material displayed on this Website may be intellectual property belonging to third parties. We do not warrant or represent that if you use such material, you will not infringe the legal rights of these third parties.
If you believe that your intellectual property rights are being violated or that any work which is your property has been reproduced on the Site or in any content in any way, you may notify us at hello@vickysouth.com. Please provide your name and contact information, the nature of your work and how you believe it is being violated, all relevant copyright and / or trademark registration information, the location i.e. URL of the violation, and any other information you reasonably believe is relevant.
9. LIMITATION OF LIABILITY
The total liability that we may owe to you from any cause whatsoever, will be limited to the lesser of your actual damages or the price paid to us for any Product or Ticket purchased through the Website.
In no event will we be liable for special, indirect, consequential, or incidental damages, including but not limited to loss of profits, revenues, data, or damage to or loss from the use of the Products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of the Products or Tickets whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, notwithstanding that we may have been advised of the possibility of such damages or losses.
All claims against us must be brought within one year after the cause of action arises, and we waive any statute of limitations which might apply by operation of law or otherwise, to the extent permissible.
10. INDEMNIFICATION
You agree to indemnify and hold us and each of our officers, representatives, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including legal fees, arising out of or relating to (i) your breach of these Terms, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any Products or Tickets that we may provide through the Site, and (v) your conduct in connection with the Site or the Products or Tickets or with other users of the Site or the Products or Tickets. We reserve the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this clause. In such an event, you shall provide us with such cooperation as we may reasonably request.
11. GOVERNING LAW AND JURISDICTION
The provisions of these Terms are for our benefit, and those of our subsidiaries, affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Except as expressly stated in these Terms, none of the Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or otherwise, by any person or entity who is not a party to it.
The Terms shall be governed by and construed in accordance with the laws of Hong Kong SAR, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the courts in Hong Kong SAR.
In the event of any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, the parties shall at first instance take reasonable efforts to settle and resolve such disputes in good faith and in an amicable manner by negotiation.
These Terms may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: 9 February 2023