Terms and Conditions
Welcome to use www.mecakekihk.com (“this Website”) of MeCakeKi. MeCakeKi is operated by MeCakeKi HK Limited and its affiliated companies (“MeCakeKi”). Please read the following Terms & Conditions of this Website (“these Terms & Conditions “) carefully. Your use of this Website mean(s) that you have accepted these Terms & Conditions. If you are unwilling to be bound by these Terms & Conditions, please do not use this Website.
After you have completed the form of this website and press the button “confirm”, it indicates that you have read and understood Terms and Conditions of Online Ordering and agreed to be bound by them.
MeCakeKi reserves the right to change or modify the contents of this Website at any time and has the right to unilaterally change these Terms & Conditions without notification. You should regularly visit this Website to find out whether these Terms & Conditions that are binding on you have been revised, as your continued use of this Website indicates your acceptance of any change to these Terms & Conditions. “You”, “your”, and “users” refer to any person and/or entity that accesses this Website for any reason.
Description of services
This Website provides information about us, news, Member’s Area, online takeaway ordering service, menu, store location, job opportunities and how to contact us.
1.1 System Requirements of online takeaway ordering service
In order to use this service, you are required to access the online ordering website through any internet connected devices including desktop computers, mobile phones or tablets. MeCakeKi recommends the following browsers for the best experience:
– Internet Explorer 11/ Chrome 31 / Firefox 27 / Safari 7 or above
– Recommended screen resolution: 1024×768
2. Conditions of Use
All the information contained within this Website is for reference, interaction and purchase only. It is for individual use only and should not be used for commercial purposes. For this Website, you will not, nor allow third parties on your behalf to:
(i) make and distribute copies;
(ii) in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the products described;
(iii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate; or
(iv) create derivative works of any kind whatsoever.
You agree to indemnify MeCakeKi against any of your unauthorised use of any material from this Website, defend MeCakeKi and prevent MeCakeKi from any harm. You agree that your unauthorized use of the contents of this Website may result in irredeemable losses to MeCakeKi and in the event of your unauthorised use, MeCakeKi has the right to apply for a restraining order in addition to any other remedies under common law or equity.
3. Personal Information Collection Statement
When you use this Website, you may have to provide to MeCakeKi your information (including but not limited to your name, gender, age range, contact details and email address) (“Data”). You agree to provide to MeCakeKi such information voluntarily.
4. Online ordering service
4.1 The online ordering service is opened to all Guests in Hong Kong. Users are held fully responsible for all the actions taken while using this service.
4.2 Once an online order is confirmed, neither the order can be cancelled nor the item(s) of the order can be changed. All items sold are non refundable, non returnable and non exchangeable after payment of such order has been completed.
4.3 For placing an order via our Online Ordering System, you need to provide your email address for receiving the order confirmation email and provide your phone number for contact purpose. If you are providing contact of another person, please ensure you have obtained the consent of such other person and you will be responsible for the personal information provided.
4.4 The prices posted on this website are for online ordering only. Prices for some products may differ from those charged at retail store(s).
4.5 MeCakeKi may at its absolute discretion from time to time refuse any order, set credit limit(s) against any order.
5. Promotional activities
MeCakeKi will periodically carry out promotional activities on this Website. If the promotional activity involves winning or accumulating points or other rewards, MeCakeKi will be the final arbitrator of the total number of points awarded according to its records and you shall not dispute such decision.
6. Underage persons
If you are under 18 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility, and when using this Website give(s) rise to legal obligations or responsibilities, you should not provide any personal information described in these Terms & Conditions and will not be allowed to use this Website. If you want to enter and browse this Website, you must seek the approval of your parent or guardian regarding the legal implications of these Terms & Conditions and the consequences that entail. MeCakeKi assumes that all users of this Website are of legal age. MeCakeKi is not obliged to check your age but if it is found that any user is underage, MeCakeKi reserves the right to take action against such user or his/her parents/guardian including cancelling your membership registration or refusing your access to this Website.
7. Use of materials
The contents of this Website, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of this Website (including the collection, arrangement and compilation of such materials) (“Materials”) are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of MeCakeKi or website contents provider of MeCakeKi or its clients. Unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. Without any prior written permission from MeCakeKi, you shall not, for any public or commercial purpose, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way.
8. Legal use of Website and Application
You can only use this Website for legal purposes and cannot use this Website to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of this Website, the Materials and/or products provided in this Website. You have the responsibility to judge whether any of your actions will infringe the rights as described above.
You shall not, in any way, change any Materials or product provided in this Website and shall not interfere with the operation of this Website in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website. You shall also not use this Website or other method to collect the details of other users. Without express permission from MeCakeKi, this Website or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.
9. Limitation of liability
There may be incorrect material or typesetting errors in this Website. MeCakeKi does not give any implied or non-expressed guarantee and does not guarantee the correctness, reliability, completeness or timeliness of any material of this Website. MeCakeKi does not accept any liability for the contents of other websites or anything uploaded on this Website or linked to this Website, including but not limited to any fallacies, errors, omissions, infringements, libel, lies or any other material or omission that is likely to be illegal or gives rise to a claim or complaint. You will be responsible for any consequences resulting from use of this Website or its links. These websites are likely to change at any time or change periodically, so please check related materials regularly.
MeCakeKi does not guarantee the following: this Website will be totally free of errors now and in the future, this Website and its server will always be free of computer viruses or other harmful function, that any shortcoming will be corrected or that this Website is timely, safe and will not be discontinued. If your use of these website material results in the need to repair or renew equipment or data, MeCakeKi accepts no liability for any resulting expenses. For any damage or injury, regardless of direct or indirect breach of contract, infringement, negligence or any factor (including but not limited to, accidental damage, indirect damage, loss of profit, or damage resulting from the loss of data or business termination), arising from use or inability to use the materials of these websites, or implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line communication, soft or hard ware problem (including but not only loss of data or compatibility problems), theft or resulting from damage or changes to the websites whether or not a result of the use of this Website or uploading or downloading of this Website’s data, text, images or other materials or data, and regardless of whether MeCakeKi’s has been notified of the likelihood of such damage, MeCakeKi and any third party mentioned on this Website shall not, within the legally allowed scope, bear any liability.
In the event of any compensation claim, program, damage compensation, injury, debt, loss, costs and expenditure (including reasonable legal costs and expenditure) arising from the user’s infringement of these Terms & Conditions or illegal behaviour, the user agrees to compensate MeCakeKi and its affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, defend them and prevent them from loss.
11. Interpretation of Agreement
Clause headings and examples are provided for reference purposes only to assist in understanding these Terms & Conditions. They are not intended to define, or limit the scope or extent of any clause.
12. No waiver
MeCakeKi’ failure or delay in exercising any right or power under this Agreement shall not in any circumstances impair any right or power nor operate as a waiver of it.
MeCakeKi may assign its rights and obligations under this Agreement. You may not assign your rights and obligations under this Agreement.
If any single provision or number of provisions in these Terms & Conditions, or any one or number of provision of these provisions and conditions when cited, in any situation, is in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision or condition in any other respect, and the effectiveness, legality or enforceability of the remaining provisions of these provisions and conditions, will not be affected in any respect.
15. Applicable law
These Terms & Conditions shall be interpreted according to the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and be governed by Hong Kong laws. You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between MeCakeKi and you.
If you wish to contact MeCakeKi for matters regarding this website or this Application or these Terms & Conditions, please send email to the following address:
17. In case of any discrepancy, the Chinese version of these terms and conditions shall prevail.
© MeCakeKi HK Limited 2021