Terms and Conditions
General Terms and Conditions
1. Services
1.1 We are MISS BEAR KISS (hereinafter referred to as "we", "us", "our Company" or "MISSBEARKISS") and we own and operate the Website. Our website provides a convenient shopping model through the Internet (including through the use of applications or software) and provides online entertainment information 24 hours a day (the "Service").
1.2 By using this website, you agree to be bound by the following terms and conditions. Please read the relevant terms and conditions carefully.
1.3 We reserve the right to change these Terms and Conditions from time to time without prior notice. The revised terms and conditions will take effect from the date of publication. Your continued use of our website and our services will be deemed as your agreement to the latest version of these Terms and Conditions.
1.4 The meanings of certain terms used in these Terms and Conditions are:
1.4.1 “We” or “us” refers to (name of the person or company providing the services).
1.4.2 “You” or “Your” refers to the person to whom we provide services or deliver goods and the person who is required to pay for the goods delivered by us.
1.4.3 "Content" means all text, graphics, logos, icons, photographs, images, moving visual images or sound combinations and graphics, sound effects, computer programs and other materials selected, displayed or used on or in connection with our website.
1.4.4 “Products” means the goods (including but not limited to food and beverage) or services that you order and pay for through our website.
1.4.5 “Intellectual Property Rights” means any and all patents, trade marks, domain name rights, design rights, copyright and database rights (whether registered or not and any application to register or right to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding nature which may exist now or in the future anywhere in the world.
1.4.6 “Services” has the meaning given to it in Clause 1.1.
1.4.7 “Suppliers” means the sellers and suppliers of the products you order through our Website.
1.4.8 “Website” means the MISS BEAR KISS website (www.missbearkiss.com) and any related websites linked to it, and our Miss Bear Kiss App.
1.4.9 “User Content” has the meaning given to it in Clause 15.1.
2. Registration
2.1 You are required to register with us when using the Services or making an order. By registering, you represent (and we are entitled to rely on) that you are 18 years of age or older and capable of forming a legally binding contract.
2.2 You represent to us and all suppliers of merchandise through our website that all orders you make through our website will be made within your authority to enter into contracts.
2.3 In consideration of your use of our services, you agree that:
2.3.1 provide true, accurate, current and complete information about yourself when completing the registration form; and
2.3.2 Maintain and promptly update your registration information to ensure that the information is true, accurate, current and complete. We have the right to suspend or terminate your registration if we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete.

3. Disclaimer and Limitation of Liability
3.1 We do not represent or warrant that access to our website (including use of mobile applications or software) or any part thereof will be uninterrupted, reliable or error-free.
3.2 We do not represent or warrant to you that our website or any of its content will be accurate, complete or reliable.
3.3 We do not represent or warrant that:
3.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
3.3.2 any goods (whether or not supplied by us) will be of merchantable quality or will be fit for any purpose (even if such purpose has been notified to us in advance).
3.4 You agree that no data transmission over the Internet can be guaranteed to be completely secure. Although we strive to protect such information, we do not warrant and cannot ensure the security of any information you transmit to us. Any information you transmit to us is transmitted at your own risk.
3.5 To the extent permitted by law, we exclude all liability to you (whether arising in contract, tort or otherwise and whether or not caused by our negligence) for:
3.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions in or relating to our website (including the use of applications or software) or any information therein;
3.5.2 failure to provide our website (or any part thereof), goods or services;
3.5.3 any delay in providing, or failure to provide or make available, goods or services, or any negligent provision of goods or services;
3.5.4 any Goods are not of merchantable quality or fit for their intended purpose; or
3.5.5 Any misrepresentation about our website, products or services.
3.6 Except as required by law:
3.6.1 We will not be liable to you for any indirect or consequential loss, damage or expense, including loss of profits, business or goodwill arising from any problem you notify us of, and
3.6.2 We will not be liable to pay any amount to you by way of compensation unless otherwise stated in these Terms and Conditions.
3.7 You must observe and comply with all applicable regulations and laws, including obtaining all necessary customs, import or other permits for the purchase of goods from our website. We make no representations and accept no liability regarding the export or import of goods you purchase.
3.8 You agree that these limitations are reasonable having regard to the nature of our website, in particular because each time you purchase goods through our website you will be entering into a separate contract with the supplier.
3.9 The above exclusions do not affect any statutory rights which cannot be excluded. However, in such circumstances our liability (where permitted by law) will be limited to the re-supply of the services or goods to you.
3.10 Each of the above exclusions or limitations shall be construed as a separate and severable provision of these Terms and Conditions.

4. Warranty
4.1 You represent, warrant and undertake that you will not:
4.1.1 use our website for any fraudulent or illegal purpose;
4.1.2 use our website to defame, abuse, harass, stalk, threaten or violate the rights of any other person (including but not limited to any other person's right of privacy or publicity);
4.1.3 interfere with or disrupt the operation of our website or the servers or networks used to operate our website; or violate any requirements, procedures, policies or regulations of such networks;
4.1.4 transmit or distribute to our Website any viruses, worms, Trojan horses or other computer code that is harmful or invasive or that may or is intended to damage the operation of any hardware, software or equipment or to monitor the use of any hardware, software or equipment;
4.1.5 reproduce, copy, sell, resell or exploit for any commercial purpose any part of our website (including applications or software) or any use of or connection to our website;
4.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any part of our website (including any application or software);
4.1.7 frame or reproduce any part of the Website without our prior written consent;
4.1.8 create a database by systematically downloading and storing Content, User Content or any Website Content; and
4.1.9 Infringe any copyright, design right or intellectual property right of the goods.

5. Content
5.1 The intellectual property rights in all content are owned, controlled or licensed to us. Except for the rights granted to you in clause 15.2, these Terms and Conditions do not give you any right or interest in or to the Content and we reserve all other rights.
5.2 Subject to these Terms and Conditions, you may use the Content for your own personal use.
5.3 Unless you have our express written consent or you are expressly authorised by law, you must not:
5.3.1 use the Content for any commercial or other non-personal purpose;
5.3.2 copy or transmit the Content to any other device or to any other person; or
5.3.3 reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works from or display the Content.

5.4 You acknowledge and agree that if you breach any of the terms of these Terms, we may, at our sole discretion, no longer supply any Content to you.
5.5 We will use all reasonable commercial efforts to ensure the accuracy of the Content but make no warranties or representations (express or implied, statutory or otherwise) as to the accuracy, quality or completeness of the Content or its suitability for any purpose and we will not be liable for any liability in respect thereof. You also agree that advertisers are solely responsible for the content of advertisements displayed on our website. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in its advertisements. We accept no liability for any loss caused by your reliance on the accuracy of information contained on our website.

6. User Generated Content
6.1 When you submit any user-generated content (including all text, files, graphics, photos, sounds, videos or other materials) ("User Content") to our Website, you grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable, fully paid-up, royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works from, display and otherwise use the User Content in connection with the Website (including, without limitation, for promoting and reposting part or all of the Website in any media formats and through any media channels). Without limitation, the rights you grant to us under this clause 16.1 include the right to grant sub-licenses to each Website user to use the User Content as permitted from time to time by the functionality of the Website. You hereby waive, and procure that all other originators of User Content waive, all moral rights in and to the User Content (including the right to be identified as the originator of any User Content or to object to derogatory treatment of any User Content), whether such rights exist now or at any time in the future anywhere in the world.
6.2 You represent, warrant and covenant that:
6.2.1 you have the legal right and authority to grant the licence in clause 16.1 above;
6.2.2 you are the owner of the User Content and/or have all necessary rights, consents, permissions and licences to grant us the licence in clause 16.1 above;
6.2.3 by exercising the licence in clause 16.1 above, we will not infringe the intellectual property rights or other rights of any third party;
6.2.4 if the User Content identifies any individual (whether by name, image or otherwise), you have obtained all consents and permissions from such individual to enable us to use the User Content in accordance with the licence in clause 16.1 above;
6.2.5 The User Content does not include any material that may be unlawful, defamatory, obscene, offensive, harmful to the safety of any person, intended to harass any person, or inappropriate for display on the Website; and
6.2.6 You will, upon our request, provide us with written copies of any consents, permissions and licences that you are required to obtain.
6.3 You shall bear all legal responsibility for your User Content. In no event will we be responsible or liable for any User Content, whether or not we are aware of any of the User Content.
6.4 Our website only displays User Content related to product quality or promotional offers. User Content related to after-sales or other services will not be displayed. We reserve the right to modify or remove any User Content that is offensive, defamatory, abusive, or otherwise irrelevant to other users.

7. Indemnity
You agree to indemnify and hold us and all our directors, employees and contractors harmless from and against any claims, losses, damages, costs, expenses (including legal expenses) or other liabilities arising out of or in connection with your breach of any of the covenants, warranties, representations and agreements contained herein.

8. Linked Websites
Certain links (including hyperlinks) on our website will lead you to leave our website. Links are provided for your convenience only and the inclusion of any link does not imply endorsement or approval by us of the linked website, its operators or its contents. We are not responsible for the content of any website other than our website.

9. Termination
9.1 We may terminate your access to our website or registration immediately if you breach any of these Terms and Conditions.
9.2 Any rights of either party which have accrued on the date of termination will remain enforceable after termination.

10. Intellectual Property
10.1 The intellectual property rights in all content, User Content, design, text, graphics and other material on our website, and the selection or arrangement thereof, are owned, controlled or licensed by us. Any unauthorized use without prior written approval is strictly prohibited.
10.2 All trademarks, product names and company names or logos on our website are our property or the property of their respective owners. We do not grant permission for the use of any such trademarks, dress, product names, company names, logos or titles, and such use may constitute an infringement of the rights of the holders.

11. General
11.1 Where representations and warranties in these Terms are made to us and to suppliers of goods through our Website, you acknowledge and agree that such representations and warranties are intended to confer rights on and are for the benefit of all such suppliers and that each of such suppliers may rely on and enforce such representations and warranties given by you.
11.2 We reserve the right to amend the content of the Website (including the services we provide) and these Terms and Conditions at any time without notice. If there are any changes to these terms and conditions, they will be posted on the Website and your continued use of our Website after any such changes will constitute your agreement to be bound by the revised terms and conditions of use. This right includes the right to change any document forming part of these Terms and Conditions.
11.3 We have made every effort to clarify whether prices quoted for goods available on our website include any relevant taxes or duties. If in any case the quotation is not clear, please note before placing an order that you may be liable for taxes or duties (such as value added tax) imposed by the supplier or by law in addition to the price.
11.4 We take privacy issues very seriously. Our privacy policy covers our use of any information you provide. By using our services, you agree that we may collect, store and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.
11.5 We reserve the right to deny access to our website or any part of it at our sole discretion without notice and to refuse to provide our services to any user who breaches these terms and conditions.
11.6 We will not be liable to you for any breach of these Terms and Conditions of Use nor for any failure to provide or delay in providing our services through the Website due to any event or circumstances beyond our reasonable control.
11.7 If any provision of these Terms and Conditions is deemed invalid or unenforceable by a court of competent jurisdiction, it will not affect the validity or effect of any other provision and the invalid provision shall be deemed to be severed from these Terms and Conditions.
11.8 We may assign these Terms and Conditions or appoint any third party including our Group Companies to provide services to you on our behalf or perform any of our obligations under these Terms and Conditions.
11.9 You may not transfer or otherwise deal with your rights and obligations under these Terms and Conditions, in whole or in part, without our written consent.
11.10 These Terms and Conditions set out the entire agreement and understanding of the parties and supersede all prior agreements, understandings or arrangements, whether oral or written, relating to the subject matter of these Terms and Conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement not set out in these Terms and Conditions.
11.11 These terms and conditions shall be governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

12. Promotional codes, coupons and vouchers
12.1 The promotional codes, discount codes and vouchers we offer are only valid for one-time purchases through our website and are subject to the terms and conditions.
12.2 Promotional codes, discount codes and vouchers are neither refundable nor redeemable for cash. Any remaining unused amount will be forfeited.
12.3 If your order is cancelled or is eligible for a refund for any reason, the promotional code, discount code or coupon used in connection with that order will be forfeited without any refund or compensation being payable by us.

We reserve the right to terminate or change the above offers at any time and from time to time without prior notice. In case of any dispute, the decision of MISS BEAR KISS will be final and conclusive.

These terms and conditions form part of the General Terms and Conditions.

Last updated: March 2025