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Mt. Fuji Springs (Hong Kong) Limited - Terms of Service

 

Mt. Fuji Springs (Hong Kong) Limited ("our company" or "we ") sells water dispensers ("Water Dispenser") and water boxes ("Water Box") to customers through a delivery service (the "Service"). These Terms of Service shall apply to all customers who have entered a service contract for the Service with our company or its contractor. These Terms of Service stipulate the matters regarding the Water Dispenser and Water Box covered in the Service.

 

Article 1 (Commencement of the Service)

A service contract shall be deemed to be concluded when a customer enters into a service contract upon agreeing to these Terms of Service and completes the registration for membership as set forth in Article 2. The customer may commence the Service when the service contract is concluded.

 

Article 2 (Registration of Membership)

The customer is required to register for membership upon notification to us in accordance with our format (ID to be issued). The customer shall manage its ID and password in confidence at its own responsibility.

 

Article 3 (Purchase of Water Dispenser and Water Tickets)

Customers may select a Water Dispenser from our specified format.

• At the time of the initial order, the customer shall purchase a Water Dispenser together with Water Tickets as defined in the following paragraph.
• A ‘Water Ticket’ means an electronic ticket consumable on our website or the designated application to order Water Box. One Water Ticket can be used to buy one Water Box (subject to Article 5, paragraph 2). Water Tickets can be purchased in units of 10, 20 or 40 tickets.
• Additional Water Tickets can be purchased by application.     
• The validity of a Water Ticket is two (2) years from the month following the month in which it is purchased. Water Tickets are not refundable. 

 

Article 4 (Payment)

• Customers shall pay the price for a Water Dispenser and Water Tickets displayed on the website (http://        ) “our Website”) or an application.
• Customers may select a method of payment under the preceding paragraph from the options displayed on our Website or the application.

 

Article 5 (Delivery)

• The delivery area for the Service is Kowloon, Hong Kong Island, Xin-jie (New Territories), and remote islands.
• Two (2) Water Boxes shall be delivered at one time. The Water Tickets shall be used in units of at least two (2) tickets per order (Water Tickets should be used in units of two (2) tickets each time).
• When the Water Dispenser and Water Boxes are not received on the scheduled delivery date by the customer and returned for a reason attributable to the customer, the customer must accept them within seven (7) days from the scheduled delivery date. If the Water Dispenser and Water Boxes are not received within the above period, the delivery will be cancelled.
• An additional fee will be charged in the following cases:

• When the Water Dispenser is returned for a reason attributable to the customer and re-delivered after eight (8) or more days from the first delivery, the customer shall pay HK$200 for each Water Dispenser;
• When the Water Boxes are returned for a reason attributable to the customer and re-delivered after eight (8) or more days from the first delivery, the customer shall pay HK$50 for each Water Box.

• Customer may select the delivery date and time on our Website or on the application for the initial order, and on the application for subsequent orders. 
• Customer may select a delivery date within two (2) weeks from the date of order.
• Customer may select a delivery time from the time slots designated by us.
• There are cases where customers cannot select certain dates and time slots for delivery, due to our business reason.
• Delivery service is not available on Sundays and statutory holidays.
• The following areas are not covered for the delivery service:
  1. Cheung Chau
  2. Lamma Island
  3. Lantau Island
  4. Lo Wu
  5. Mai Po
  6. Ping Chau
  7. Ta Ku Ling
  8. Tai O

If the delivery destination belongs to one of these areas, customer needs to select “No Specific Time” when it places its order.

 

Article 6 (Unattended Delivery Service)

Unattended Delivery Service will be stipulated as below.

• Unattended Delivery Service means delivery of the Water Box on a non-face-to-face basis to the place specified by the customer in advance, including in front of an entrance, an unattended delivery bag, delivery box, garage or barn.
• Unattended Delivery Service will be available if the customer requests it at the time of the order and specifies the place of delivery.
• Unattended Delivery Service is only available for Water Box, and not available for the Water Dispenser.
• If any trouble is caused by Unattended Delivery Service, such as theft, and the customer is not able to receive the Water Box, we will re-deliver substitute Water Box free of charge upon confirming the trouble.
• If the Unattended Delivery Service is not available at the delivery place specified by the customer, such as a common area in an apartment, etc., the Water Box will be returned. Customers must confirm whether or not the place is available for Unattended Delivery Service before an order.
• There are cases where we refuse to provide the Unattended Delivery Service without any prior notice to the customer. 

 

Article 7 (Return or Replacement of the Water Dispenser)

1 Customers may not return or require replacement of the Water Dispenser except for following:

   1) if the Water Dispenser delivered to the customer is not the Water Dispenser ordered by the customer;

2) if the Water Dispenser delivered to the customer fails to conform to the contract, such as dirt, scratches, or breakage, etc.; or

   3) in other cases where we determine that the return or replacement of the Water Dispenser is appropriate.

2 The following conditions must be satisfied for the Water Dispenser to be returned or replaced under the preceding paragraph:

1) the customer contacts the Customer Support Center within eight (8) days after receipt of the Water Dispenser;

2) the customer returns the accessories and fittings of the Water Dispenser in the same condition as at the time of delivery.

3 The customer shall follow our instruction with respect to the return or replacement of the Water Dispenser under the preceding two (2) paragraphs. The transport fee for return or replacement of the Water Dispenser shall be borne by the customer.

 

 

Article 8 (Warranty)

• The warranty period for the Water Dispenser is one (1) year from the date of purchase, subject to normal use of the Water Dispenser in accordance with the instruction manual packed together with the Water Dispenser. 
• The following cases are not covered by the warranty for the Water Dispenser:

• failure, damage, and food sanitation related problem caused by the use or handling of the Water Dispenser not in compliance with the instruction manual or the directions provided by us;
• damage caused by alteration or repair performed by anyone other than us;
• failure or damage caused by external factors that are beyond our responsibility, such as natural disasters, fires, catastrophe, other force majeure, or electrical surges;
• failure or damage caused by transportation, displacement or dropping, performed by anyone other than us or our contractor, after the delivery of the Water Dispenser;
• non-conformity to the contract due to natural wear and tear, or aging of the Water Dispenser;
• damage caused by intention or negligence of the customer or a third person;
• incidental damage caused by the customer attributable to or derived from a failure of the Water Dispenser, or any other damage other than a failure of the Water Dispenser.

• Customers may follow the procedures below for the Water Dispenser under the warranty: 

• contact the Customer Support Center; 
• if it is possible to repair the defective Water Dispenser by replacing parts and if the customer agrees to replace it by himself/herself, our maintenance service shall be deemed to be completed by sending the replacement parts to the customer.

• We may outsource all or a part of the maintenance service under the warranty to a third person.
• The customer may use the fee-based maintenance service for the Water Dispenser not covered by the warranty or after warranty period. Please contact the Customer Support Center for more details.
• The ownership of the Water Dispenser or its parts collected by us after replacement or collecting service under Article 9, paragraph 4 shall belong to us.

 

Article 9 (Compliance)

 Customers shall comply with the following when using the Service:

• Customers shall use the Water Dispenser after confirming the description of the Water Dispenser;
• Customers shall not commit any acts prohibited by us in these Terms of Service, etc.;
• Customers shall handle the Water Dispenser in accordance with the instruction manual packed together with the Water Dispenser and shall not connect it with any other related products of other companies;
• It is a customer’s responsibility in principle to dispose the Water Dispenser in accordance with laws and regulations. As the Water Dispenser contains fluorocarbons, customers shall be obligated to request "Fluorocarbons Recovery Operator" to dispose the Water Dispenser. We will provide a collecting service for the Water Dispenser at the cost of HK$200. Please contact the Customer Support Center if collecting service is required.
• Customers shall hold any non-public information disclosed and requested to keep secret by us in confidence, unless our prior written consent is obtained. 

 

Article 10 (Suspension and Termination)

• In the event a customer falls under any of the following, we may suspend the Service:

• submits false information which is used to identify the customer and determine the credit status of the customer at the time of the application for the contract, including name and address;
• is an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a company associated with an organized crime group, a corporate extortionist, a criminal group claiming to be social activists, a special intellectual crime group, or any other person similar thereto ("Anti-Social Forces");
• conducts fraudulent act, violent act, or uses threatening words against us or our contractors;
• violates the rights of our company or our contractors by damaging the reputation and credibility of our company or our contractors, or by disturbing the business thereof, or in the event of any act that may cause inconvenience to other customers;
• breaches any of the provisions under Article 9;
• breaches the service contract under these Terms of Service;
• due to any of the above events, our company or contractors are unable to provide the Services and it is not likely to be cured;
• we reasonably determine that it is difficult to continue to fulfill the contract due to circumstances similar to any of the items under this paragraph.

• Termination by customer

• Customer may terminate the contract at any time by contacting the Customer Support Center.
• Once the termination procedures are taken, the customer loses the status as a member set forth in Article 2 and is no longer able to use the remaining Water Tickets.

 

Article 11 (Limitation of Liability)

• When we fail to provide the Service due to a cause arising out of the following events, we shall not be liable to customers for the breach of the obligation to perform the Service and compensation for damages: 

• such event occurs due to circumstances attributable to the customer or third persons;
• it is caused by acts of God or force majeure;
• it is caused by a significant change in the economic situation that is difficult for anyone to predict;
• if laws and regulations have been established, changed or abolished, and administrative guidance of governmental authorities has been given;
• damage is caused by a customer who breaches the compliance under Article 9;
• it becomes difficult for us to provide the Services or if damage is caused to customers due to any other reasons not attributable to us; or
• any event similar to the above occurs.

• We will only be liable for direct and actual damages incurred to the customer resulting from breach of obligation by us for reasons attributable to us, irrespective of predictability. We will not be liable for any special damages or lost profits, etc.
• Even if we are liable under the preceding paragraph, we will not have any liability for an amount of losses exceeding HK$1,000, except for the case of our willful or gross negligence.

 

Article 12 (Personal Information)

1.  We shall handle the personal information of customers appropriately in accordance with laws and regulations related to the protection of personal information and our privacy policy.

2.  We may use personal information obtained from customers to the extent necessary for the purposes set forth in our privacy policy;

• Customers agree that, if the resident of the delivery destination is different from the registered customer, we will contact such resident of the delivery destination.
• We will not provide personal information obtained from customers to third persons without consent of the customer except as required by laws and regulations or to our affiliates; provided however, that personal information may be provided to our contractor to the extent necessary to provide Services where a part of our Service will be outsourced to the contractor.
• To request disclosure, correction, addition, or deletion of personal information, customers shall contact the Customer Support Center and shall take the procedures specified in our privacy policy.
• If a customer fails to provide the personal information required at the time of application for the Service, it may be difficult for us to provide the Service. Customers may not be entitled to participate in the various campaigns in such a case.
• In order to aggregate access information of the customers, we will collect access logs using Cookies (one of the technologies used to record information about the customer, the date and time that the site was last visited, and the number of visits to the site, etc.) and the Web beacon (an extremely small image embedded in a web page which is used to collect information. It may be used to collect customers’ access trends, etc.) when a customer accesses our website. We may also use other internet-based technologies in the future for this purpose, but we will not collect information that identifies individuals.

 

Article 13 (Amendment of Terms of Service)

We shall change the content of the Service and terminate the provision of the Service by amending these Terms of Service as needed without prior notice. Any amendments to these Terms of Service shall be announced on our Website and it shall take effect from midnight on the day following the date of such announcement.

 

Article 14 (Governing Law and Jurisdiction)

Any dispute arising out of the Service and these Terms of Service shall be governed by the laws of the Hong Kong Special Administrative Region, the People's Republic of China (hereinafter referred to as “Hong Kong”) and shall be subject to the exclusive jurisdiction of the Hong Kong Courts. 

 

Article 15 (Language)

These Terms of Service will be made in Japanese, Chinese and English languages. If there is any discrepancy between those languages, the English version shall prevail.

 

Article 16 (Good Faith Consultation)

In the event of any doubt regarding the matters under the service contract and these Terms of Service between a customer and us, the parties hereto shall consult with each other in good faith to resolve such matter.