TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE

If you intend to browse in the Merry Go Banana Website, please read these Terms and Conditions carefully before using the site. By using the site or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.

1. GENERAL

1.1 In these Terms and Conditions the following definitions shall apply:
a. “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, trademark, database or copyright, whether or not registered by any means, and the right to file an application for registration thereof.
b. “Legal Notice and Disclaimer” shall mean the legal notice and disclaimer applicable to the Merry Go Banana website.
c. “Personal Data & Privacy Statement” shall mean Merry Go Banana policy regarding personal data collected in connection with this site and Merry Go Banana policy regarding the privacy of Customers and visitors to the site.

1.2 These Terms and Conditions include Legal Notice and Disclaimer and Personal Data & Privacy Statement and shall prevail over any other document including any Merry go banana store policy purporting to have a contractual effect.

1.3 The Customer agrees to provide the complete and updated information for registration on this site.

1.4 Merry Go Banana has the absolute discretion to refuse registration of a potential Customer and to terminate the registration of any Customer for any reason whatsoever.

2. VARIATION OF TERMS AND CONDITIONS

2.1Merry Go Banana reserves the right to amend these Terms and Conditions in its sole discretion. Customer is reminded to review the Terms and Conditions.

3. APPLICABLE LAW

3.1 These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Customer and Merry Go Banana agree to submit to the jurisdiction of the Hong Kong courts.

DISCLAIMER

A. INTELLECTUAL PROPERTY RIGHTS

A.1 This site and any information available on it including, but not limited to, text, graphics, icons, images and trade marks, are protected by copyright, design, trade mark and other intellectual property rights owned or controlled by Merry go banana or by third parties. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this site for any purpose without Merry go banana prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.

A.2 All rights, title and interest in the Intellectual Property in this site shall at all times remain the property of Merry Go Banana and other third parties. Customers and on- line visitors are not authorized to use the same unless an express written permission of Merry go banana or such other third parties has been obtained.

B. WARRANTIES

B.1 To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, B.1 similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.

B.2 No agent or representative of Merry go banana is authorised to make any warranties, representations or statements regarding any information on this site and Merry go banana shall not in any way be bound by any such unauthorised warranties, representations or statements.

C. LIMITATION OF LIABILITY

C.1 By accessing and using this site you acknowledge and accept that the use of the site is at your own risk. Merry go banana shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing: THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. MERRY GO BANANA HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. MERRY GO BANANA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.

C.2 The liability of Merry Go Banana whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Merry Go Banana obligations here under shall not in any event exceed an amount equivalent to the price of the Products.

C.3 Merry Go Banana shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Merry Go Banana be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.

C.4 The Customer shall ensure that the 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 Products. The Customer expressly acknowledges and agrees that Merry Go Banana assumes no obligation or liability for any advice or information given with the Products and Merry Go Banana shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer’s risk."

D. LINKS

D.1 The site may contain links to other sites and pages which are not maintained or controlled by Merry Go Banana and for which Merry Go Banana is not responsible. When you activate any of these links or pages you leave this site and access to such a site or page at your own risk for which Merry Go Banana disclaims all responsibility and liability.

D.2 Merry Go Banana disclaims all liability to information or materials posted by advertisers or sponsors on this site.

E. TERRITORY

The materials on this site are directed solely at persons accessing the site from the Special Administrative Region of Hong Kong. Merry Go Banana makes no representation that any product or service referred to on this site is available, or appropriate for use for any other location.

F. CHANGES

Merry Go Banana reserves the right but undertakes no duty to review edit or otherwise change this site and any information contained on this site including the Merry Go Banana Online Shopping Terms and Conditions at its sole discretion and without notice.

PRIVACY AND SECURITY

Merry Go Banana respects the privacy rights of visitors to this site. Merry Go Banana’s personal data & privacy policy is formulated in accordance with the Personal Data (Privacy) Ordinance (Cap. 486).

A. PURPOSE OF COLLECTION OF PERSONAL DATA . PERSONAL DATA AND PRIVACY ORDINANCE

A.1 The Customer authorizes Merry Go Banana to collect, retain and use personal information about the Customer for the following purposes: a. sending the Customer any advertising and/or promotional material; b. conducting research on new services for Customers; c. customizing pages for Customers and putting together Customer shopping lists; d. notifying Customers of special offers or new Products, updates to this site, promotions; e. performing statistical and analysis of Customers’ behavior and characteristics in order to measure interest in and use of the various areas of the site and providing this information to advertisers together with information as to the number of users that have been exposed to or clicked on their banners; f. making such disclosures as may in Merry Go Banana’s opinion be required for any of the above purposes.

A.2 The Customer further authorizes Merry Go Banana to collect personal information about the Customer from the Customer or any other source available to Merry Go Banana including but not limited to credit referral agencies, the Customer’s bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer will have been associated.

A.3 The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to Merry Go Banana then his/her application for registration to Merry Go Banana may not be accepted.

A.4 The Customer is aware that any personal information supplied by the Customer will be retained by Merry Go Banana and will be accessible to Merry Go Banana’s employees and other persons or bodies corporate engaged by Merry Go Banana for or in relation to any of the purposes stated in A.1 herein, or to third parties as stated in the Personal Data & Privacy Statement and the Customer authorizes Merry Go Banana to disclose all or any part of any personal information provided by the Customer to such third parties.

A.5 The Customer acknowledges that Merry Go Banana shall retain all personal information supplied by the Customer and may continue to contact the Customer with marketing information even after the Customer’s registration is cancelled or withdrawn."

B. CONFIDENTIALITY

B.1Personal data held by Merry Go Banana relating to its online customers or to visitors to the site will be kept confidential but Merry Go Banana may provide this information to third parties including but not limited to Merry Go Banana advertisers, associated companies or contractors/agents or other network operators who perform certain tasks for Merry Go Banana in connection with the provision of Merry Go Banana’s services to its online customers and to visitors to this site.

B.2Any questions, comments, suggestions or information other than personal data sent or posted to the site, or any part of the site by visitors will be deemed voluntarily provided to Merry Go Banana on a non-confidential and non-proprietary basis. Merry Go Banana reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufacture and marketing of products and services and to meet customer needs.

C. SAFETY OF PERSONAL DATA

C.1 All reasonable efforts are made to ensure that any personal data held by us is stored in a secure and safe place, and accessed only by our authorised employees or authorised Third Party Service Providers.

D. RIGHT OF ACCESS TO PERSONAL DATA

D.1 The Customer is aware of his rights under the Personal Data (Privacy) Ordinance to have access to personal information held by Merry Go Banana and to request correction of the information and to be informed of action taken in response to any such request and/or request that there be attached to the information a statement which the Customer can supply to Merry Go Banana relating to the fact that the Customer has requested a correction. The Customer agrees to pay to Merry Go Banana the reasonable charges requested by Merry Go Banana in relation to the time and attendances involved in complying with the Customer’s request in this regard.

D.2 If you have any questions regarding Merry Go Banana’s personal data & privacy policy or if you wish to request access to your personal data or if you wish to correct it you may email the Personal Data to cs@merrygobanana.com Merry Go Banana reserves the right to charge you a reasonable fee for the processing of any data access request.

Merry Go Banana reserves the right to charge you a reasonable fee for the processing of any data access request.

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