服務條款

Last updated on: 16th March, 2023

OVERVIEW

This website is operated by Natural Springs Australia (HK) Limited. Throughout the site, the terms “Natural Springs Australia”, “NSAHK”, “we”, “us”, and “our” refer to Natural Springs Australia (HK) Limited, a Hong Kong corporation, with offices located at Mei Hong Industrial Building 160 Wai Yip Street, G/f, Kwun Tong, Hong Kong Island Hong Kong SAR China.

NSAHK offers this website, including all information, tools and services available from this site to you, the user (also referred to as “the customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By making an initial purchase from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The following Terms are split into two sections; “Contract Terms” for the contract terms between NSAHK and you (also referred to as “the customer”), and “Online Store Terms” for terms regarding the use of the site.

1. CONTRACT TERMS

1.1 TERMS OF AGREEMENT

This Agreement is in immediate effect upon the customer's initial purchase. By placing an order either via our online store or through any other means the customer agrees to be bound by this Agreement.

1.2 CUSTOMER ACCOUNT

The customer agrees to provide NSAHK accurate, complete, and updated information for the maintenance of their registered account and NSAHK shall rely upon the same information for the provision of its services. Where any services are to be provided by any third parties, the customer also agrees to the transfer and disclosure of their account information.

1.3 ORDERS

All orders are subject to confirmation of final availability. In the event that any of the products and/or services requested are unavailable, NSAHK reserves the right to reject the order and notify the customer on or before the delivery date.
The customer agrees that for any order cancellation or amendment, it is the customer's responsibility to notify NSAHK's customer service centre during office hours at least one working day prior to the delivery date. In the event that the customer fails to give sufficient notice, a surcharge of HK $100 shall be levied for each transaction.
All sold items are non-refundable. The customer is responsible for inspection of products on arrival and shall notify NSAHK customer service centre during office hours by the next working day for any problem found. If such notice is not given within 48 hours, the customer shall be bound to accept the products.

1.4 BOTTLE DEPOSIT

The customer agrees to pay NSAHK a bottle deposit at the beginning of the contract (as per clause 1.1). Once the contract is terminated within the conditions specified in clause 1.15 NSAHK will refund the bottle deposit less any fees and/or charges described by (but not limited to) any of the clauses in this agreement.

1.5 EMPTY BOTTLES

NSAHK will collect empty bottles from the customer during every delivery. The customer shall not discard or damage empty bottles. If any bottles are lost, damaged, or destroyed, the customer will pay the costs of repair and/or replacement.

1.6 WATER PACKAGES

All purchased water packages are non-refundable and non-transferable, and valid for two years from the issue date. There is no refund for any unexpired rental service in result of service termination initiated by the customer.
The purchased products and/or services cannot be redeemed for cash or any other products.

1.7 DELIVERY

Free delivery is applicable to locations accessible by delivery vehicles with lift facilities in Hong Kong Island, Kowloon, and New Territories. Any applicable delivery charges will be applied after a site visit by NSAHK's transportation agent.
Delivery to premises without lift facilities or that are located in outlying islands/remote areas/restricted areas is subject to NSAHK’s own discretion.
Any applicable delivery fees for locations in Lantau Island (excluding Discovery Bay and Tung Chung town) and remote areas will be quoted separately based on the current market rate charged by the transportation agent.
If the customer makes a special request for non-scheduled delivery to Ma Wan, Tung Chung town, Discovery Bay, or any remote area, they shall be responsible for the required toll fee and any supplementary charges that apply.
Normal delivery hours are between 10:00 a.m. and 6:00 p.m. from Mondays to Fridays. No delivery on weekends and statutory holidays, during Typhoon Signal No. 8 (or above), or during Black Rainstorm warning. In the event of a failed delivery due to the customer not being present or due to rejection without reason NSAHK reserves the right to levy a surcharge HK $100 per order to the customer.
The customer shall understand that actual delivery may be affected by traffic and/or weather conditions. While NSAHK aims to deliver as scheduled to the best of their ability, they cannot guarantee successful delivery, and are not liable for any loss resulting from delivery delays.
Delivery services will be suspended during Black Rainstorm warnings or when Typhoon Signal No. 8 (or above) is in effect. Any outstanding orders affected by such delays will be rescheduled for delivery during the next available delivery day for the delivery locations (subject to availability).
The customer accepts that any products shall remain the absolute property of NSAHK until full payment of the products is settled while the risk of any loss or damage to the products shall be with the customer from the arrival of the products. NSAHK accepts no responsibility for any products left outside or unattended at delivery point per the customer’s request.

1.8 STAIR FEE

A surcharge of HK $5 per unit of product per floor up to the 2nd level will be applied for delivery locations without lift facilities. Delivery of items to premises located above the 2nd level is subject to the discretion of NSAHK.

1.9 ENTERING CUSTOMER PREMISES UPON DELIVERY

Upon delivery, the customer may ask the delivery personnel to enter their premises to place the bottles and/or equipment at their appointed location. The customer may do so at their own risk. NSAHK does not accept any liability or claim for damages, breakages, or missing items (including cash) from within the entered premises.

1.10 OWNERSHIP

NSAHK retains the ownership of any product and/or equipment loaned to the customer. The customer will use the product/equipment and the spring water for business, personal, domestic, or household purposes only.
The customer agrees that is their responsibility to cover the cost of any lost or damaged product and/or equipment in the event of misuse, fire, flood, theft, or any other event.

1.11 EQUIPMENT

“Equipment” hereby refers to all electrical water dispensers sold, loaned, or rented to the customer.
NSAHK has no responsibility for any liabilities or claims arising out of the equipment.
NSAHK is not liable for supplying any replacement for the equipment or any loss suffered by the customer as a consequence of the equipment or any part thereof being unusable or not being restored to proper working order.

1.12 LOCATION OF EQUIPMENT

The customer shall keep the equipment in a safe and proper location and not remove the equipment from the designated premises without prior written consent of NSAHK.

1.13 MAINTENANCE OF EQUIPMENT

Maintenance coverage is annulled once the equipment is repaired by anyone other than NSAHK’s technician. It covers equipment working in good condition upon joining and being used under normal conditions, excluding any external finishing of equipment.
The customer shall maintain the equipment in a clean and hygienic condition. The customer also shall ensure that all necessary care is taken to protect the equipment; be responsible for the cost of any replacement(s) and/or repair(s) resulting from fire, theft, loss, damage, disaster, unauthorized alteration or misuse, or any other circumstances beyond the control of NSAHK.

1.14 USAGE

The customer shall use all equipment provided by NSAHK for the sole purposes of dispensing spring water supplied by NSAHK. Bottles and dispensers cannot be used for any other liquid or materials. Should such an incident occur, NSAHK reserves the right to cancel the agreement and the customer will be liable for any damages caused by the use and/or storage of unauthorised liquid and/or materials.

1.15 TERMINATION

The contract can be terminated any time by either party by giving two weeks notice.
NSAHK reserves the right to terminate the account, forfeit the account balance, and confiscate any loan bottles and/or equipment if the customer fails to provide notice of termination and has not placed an order for 24 consecutive months since the last delivery.

1.16 ACTION UPON TERMINATION

At the expiration or termination of this agreement NSAHK shall have the right to enter the premises where the equipment is located and remove the equipment without any prior notice being given to the customer and NSAHK shall not be held liable for any trespass, damage, or otherwise. The customer must pay to NSAHK or its agent all outstanding fees and/or invoices. No refund for any unopened bottles will be given. The customer must return all equipment on loan and settle any outstanding dues prior to any deposit refunds.

2. ONLINE STORE TERMS

2.1 ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2.2 GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2.3 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

2.4 MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

2.5 PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

2.6 ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

2.7 OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

2.8 THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

2.9 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

2.10 PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here.

2.11 ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

2.12 PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

2.13 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall NSAHK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

2.14 INDEMNIFICATION

You agree to indemnify, defend and hold harmless NSAHK and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

2.15 SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

2.16 GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.

2.17 CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

2.18 CONTACT INFORMATION

Questions about the Terms of Service should be sent to us through our contact page.