Terms Of Service & Privacy Policy

This section summaries our terms and conditions and our privacy policy in relation to sale of products for retail customers (B2C) made through this website.

Terms and conditions in relation to sale of products for wholesalers and distributors (B2B) can be found here https://travel9to5.com/terms-wholesale-b2b

Terms and conditions in relation to media production and consulting work can be found here: https://travel9to5.com/terms-production-consulting

TERMS AND CONDITIONS FOR SALE OF PRODUCTS

1 – THESE TERMS

1.1 We are 9to5 Ltd, a company registered in Hong Kong, trading as Travel9to5, 9to5Lab and other variations. Our registered office is at 2301 Bayfield Building, 99 Hennessy Road, Wanchai, Hong Kong

1.2 – These are the terms and conditions on which we supply our products (“Products”) to you through our website (“Website”).

1.3 – Placing an order for Products (“Order”) entails your full and unreserved adherence to these terms and conditions (“T&Cs”) If we make significant changes to these T&Cs, you will be notified in writing.

1.4 – When we use the words “writing” or “written” in these T&Cs, this includes emails.

2 – ORDER MANAGEMENT

2.1 – You may place Orders with us as instructed on our Website. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

2.2 – If we are unable to accept your Order, we will let you know in writing and will not charge you for the Product ordered. This might be because:

  • (a) the Product ordered is out of stock;
  • (b) there are unexpected limits on our resources which we could not reasonably plan for;
  • (c) we have identified an error in the price or description of the Product;
  • (d) we are unable to meet a delivery deadline you have specified;
  • (e) your attempted transaction has been flagged as high-risk for fraud.

3 – OUR PRODUCTS

3.1 – The images and the packaging of the Products on website and/or advertising materials are for illustrative purposes only. Although we make every effort to display the colors accurately, Products (including their packaging) that you purchase may vary slightly from those images.

4 – ORDER PROCESSING AND CHANGES TO THE ORDER

4.1 – Orders are processed Monday through Friday at 9 AM (local time in Hong Kong). Orders placed after 9 AM on Friday (local time in Hong Kong) will be processed the next business day. Our Order processing is automated, hence, once an Order is placed on our website, it cannot be cancelled or amended.

4.2 – If you wish to change your Order after it has been placed on our website, it will be subjected to our Returns policy.

5 – DELIVERING THE PRODUCTS

5.1 – We will deliver the Products to the address as specified in your Order as soon as reasonably possible on or about the estimated delivery dates as set out in our confirmation email. The costs of delivery will be as displayed to you on our Website.

5.2 – If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

5.3 – A Product will be your responsibility from the time we deliver the Product to the delivery location you specified or you (or a carrier organized by you) collect it from us.

5.4 – You own a Product once we have received payment in full, unless otherwise specified in the T&C’s.

6 – WARRANTY AND PRODUCT DEFECTS

6.1 – We warrant that on delivery, and for a period of twelve (12) months from the date of delivery (the “Warranty Period”), the Products will:

  • (a) be of merchantable or satisfactory quality;
  • (b) be fit for purpose held out by us;
  • (c) be free from material defects in design, material and workmanship; and
  • (d) conform with their description given on our Platform in all material aspects.

6.2 – Any warranty given by us under this clause does not apply to any defect in the Products arising from:

  • (a) fair wear and tear;
  • (b) willful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
  • (c) your failure to operate or use the Products in accordance with any instructions (including instructions relating to storage, installation, use and maintenance) given by us;
  • (d) any alteration or repair by you or by a third party; or
  • (e) us following any of your specification or requests.

6.3 – If you become aware of any defect in all or part of the Products delivered during the Warranty Period, you must:

  • (a) give notice in writing to support@travel9to5.com as soon as practicable; and
  • (b) follow our Warranty Conditions unless otherwise specified.

6.4 – Where the Products under Clause 6.1 are found to be defective, we will, at our option, repair or replace the defective Products, or refund the price of such defective Products in full as per our Warranty rules. We have no further liability to you for defective Products upon replacement, repair or refund of the defective Products.

6.5 – If you have any questions or complaints about any Product, please email us support@travel9to5.com

7 – PRICE AND PAYMENT

7.1 – The price of the Product will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 7.2 for what happens if we discover an error in the price of the Product you order.

7.2 – It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the correct price for the Product at your order date is less than the price stated to you, we will charge the lower amount, or refund you the difference in pricing; but if it’s higher than the price stated to you, we will contact you for further instructions before we accept your Order.

7.3 – The Order shall be paid for by payment card once the Order has been validated. Your account shall be debited immediately after acceptance of these T&C’s and validation of the Order, when the confirmation email is sent.

7.4 – We use a secure payment method. Consequently, we cannot be held liable for any fraudulent or improper use of your means of payment, over which we have no control.

7.5 – You must pay for the Products before we dispatch them.

8 – LIMITATION OF LIABILITY. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.

8.1 – Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of 9to5 Limited to you in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid or payable under this Agreement.

8.2 – In no event shall 9to5 Limited be liable to you for any loss of business, loss or opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or 9to5 Limited had been made aware of the possibility of you incurring such a loss.

9 – INDEMNIFICATION

9.1 – You shall indemnify 9to5 Limited  against all claims, costs and expenses which 9to5 Limited may incur, and which arise, directly or indirectly, from your breach of any of its obligations under the Agreement, including any claims brought against 9to5 Limited alleging that any Products provided by 9to5 Limited in accordance with the Order infringes a patent, copyright or trade secret or other similar right of a third party.

10 – INTELLECTUAL PROPERTY RIGHTS

10.1 – The Products contain graphic, visual and textual elements and illustrations (the “Intellectual Property Rights”), all protected by copyrights, rights on the image, rights on models or trademark rights, the holders or owners of which are either 9to5 Limited or third parties.

10.2 – Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorization of the rights holders.

11 – DATA PRIVACY

11.1 – When you register or otherwise use our Website, you provide us with personal data which is collected and used in accordance with the terms of our privacy policy which is accessible below. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

12 – ENTIRE AGREEMENT

12.1 – These terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to your purchase.

12.2 – You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

13 – OTHER IMPORTANT TERMS

13.1 – We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.

13.2 – You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 – This contract is between you and us. Nobody else has any rights under this contract. No other person shall have any rights to enforce any of its term.

13.4 – Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Each of the paragraphs of these terms operates separately.

13.5 – Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14 – GOVERNING LAW AND JURISDICTION

14.1 – These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.

14.2 – The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.

Last updated: 28 Jul 2020

 

 

PRIVACY POLICY

This policy sets out:

  • the information we collect about you when you visit our website, use our products or services, or otherwise interact with us;
  • how we use, share, store, and secure the information; and
  • how you may access and control the information.

In this policy, 9to5 Ltd refers to a company registered in Hong Kong, trading as Travel9to5, 9to5Lab and other variations. Our registered office is at 2301 Bayfield Building, 99 Hennessy Road, Wanchai, Hong Kong (together with our subsidiaries, our holding company, and subsidiaries of our holding company from time to time) and “Platform” means our website at www.travel9to5.com

In this policy, “personal information” refers to any data, information, or combination of data and information that is provided by you to us, or through your use of our products or services, that relates to an identifiable individual.

  • What information we collect about you
    • We collect the following types of information about you:
      • account and profile information that you provide when you register for an account or sign up for our products or services, for example your name, username or similar identifier, other personal description, date of birth and gender, physical address (billing or delivery or both), email address, telephone number(s) (collectively, “Account Data”);
      • information you provide through support channels, for example when you report a problem to us or interact with our support team, including any contact information, documentation, or screenshots (collectively, “Support Data”);
      • content you provide through use of our products or services, for example blog posts, comments, discussion forums, chats, reviews (collectively, “User Content”);
      • communication, marketing, and other preferences that you set when you set up your account or profile, or when you participate in a survey or a questionnaire that we send you (collectively, “Preference Data”);
      • details of any transactions, purchases, or orders that you’ve made with us (collectively, “Transaction Data”);
      • payment information, for example your payment card information or bank account details (collectively, “Financial Data”);
      • information about your device or connection, for example your internet protocol (IP) address, log-in data, browser type and version, time-zone setting, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our products or services and information we collect through cookies and other data collection technologies (please read our Cookies Policy for details) (collectively, “Technical Data”); and
      • Information about your use of or visit to our Platform, for example your clickstream to, through, and from our Platform, products you viewed, used, or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods to browse away from the page (collectively, “Usage Data”).
    • We collect the above information when you provide it to us or when you use or visit our Platform. We may also receive information about you from other sources, including:
      • our personnel, agents, advisors, consultants, and contractors based in worldwide in connection with our operations or services, for example our staff engaged in the fulfilment of your order, processing of your payment, and provision of support services;
      • our group companies or overseas offices that provide information technology services, system administrative services, and marketing services; and
      • our business partners and service providers based in worldwide who provide technical, payment, delivery services, advertising networks, analytics, market research, and search information services.
    • We do not collect sensitive data or special category data about you. This includes details about your race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, or sexual orientation.
  • How we use information we collect
    • We only use your personal information where the law allows us to. We use your personal information only where:
      • we need to perform the contract we have entered into (or are about to enter into) with you, including to operate our products or services, to provide customer support and personalised features, and to protect the safety and security of our Platform;
      • it satisfies a legitimate interest which is not overridden by your fundamental rights or data protection interests, for example for research and development, and in order to protect our legal rights and interests
      • you’ve given us consent to do so for a specific purpose, for example we may send you direct marketing materials or publish your information as part of our testimonials or customer stories to promote our products or services with your permission; or
      • we need to comply with a legal or regulatory obligation.
    • If you have given us consent to use your personal information for a specific purpose, you have the right to withdraw your consent any time by contacting us (please refer to paragraph 9 for contact information), but please note this will not affect any use of your information that has already taken place.
    • We do not share your personal information with any company outside our group for marketing purpose, unless with your express specific consent to do so.
    • For visitors to or users of our Platform who are located in the European Union, we have set out our legal bases for processing your information in the Legal Bases Table at the end of this policy.
  • How we share information we collect
    • We share information with other companies in our group in order to operate our Platform and to offer and improve our products and services.
    • We may share personal information on aggregated or de-identified basis with third parties for research and analysis, profiling, and similar purposes to help us improve our products and services.
    • If you use any third-party software in connection with our products or services, for example any third-party software that our Platform integrates with, you might give the third-party software provider access to your account and information. Policies and procedures of third-party software providers are not controlled by us, and this policy does not cover how your information is collected or used by third-party software providers. We encourage you to review the privacy policies of third-party software providers before you use the third-party software.
    • Our Platform may contain links to third-party websites over which we have no control. If you follow a link to any of these websites or submit information to them, your information will be governed by their policies. We encourage you to review the privacy policies of third-party websites before you submit information to them.
    • We may share your information with government and law enforcement officials to comply with applicable laws or regulations, for example when we respond to claims, legal processes, law enforcement, or national security requests.
    • If we are acquired by a third party as a result of a merger, acquisition, or business transfer, your personal information may be disclosed and/or transferred to a third party in connection with such transaction. We will notify you if such transaction takes place and inform you of any choices you may have regarding your information.
  • How we store and secure information we collect
    • We use data hosting service providers based in locations worldwide to host the information we collect.
    • We have adopted the following measures to protect the security and integrity of your personal information:
      • information is encrypted using TLS/SSL technology;
      • your account is password-protected;
      • access to your personal information is restricted to personnel or service providers on a strictly need-to-know basis, who will only process your information on our instructions and who are subject to a duty of confidentiality; and
      • our information collection, storage, and processing practices are reviewed regularly.
    • We have put in place procedures to deal with any suspected privacy breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
    • While we implement safeguards designed to protect your information, please note that no transmission of information on the Internet is completely secure. We cannot guarantee that your information, during transmission through the Internet or while stored on our systems or processed by us, is absolutely safe and secure.
    • We only retain personal information for so long as it is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. After such time, we will delete or anonymise your information, or if this is not possible, we will securely store your information and isolate it from further use. We periodically review the basis and appropriateness of our data retention policy.
  • How we transfer information internationally
    • We collect information globally and primarily store that information in locations worldwide. We transfer, process, and store your information outside your country of residence where we or our service providers operate for the purpose of providing our products and services to you.
    • Some of the countries in which our companies or service providers are located may not have the privacy and data protection laws that are equivalent to those in your country of residence. When we share information with these companies or service providers, we make use of contractual clauses, corporate rules, and other appropriate mechanisms to safeguard the transfer of information.
  • Your rights
    • You have the right to:
      • be informed of what we do with your personal information;
      • request a copy of personal information we hold about you;
      • require us to correct any inaccuracy or error in any personal information we hold about you;
      • request erasure of your personal information (note, however, that we may not always be able to comply with your request of erasure for record keeping purposes, to complete transactions, or to comply with our legal obligations);
      • object to or restrict the processing by us of your personal information (including for marketing purposes);
      • request to receive some of your personal information in a structured, commonly used, and machine readable format, and request that we transfer such information to another party; and
      • withdraw your consent at any time where we are relying on consent to process your personal information (although this will not affect the lawfulness of any processing carried out before you withdraw your consent).
    • Our Platform enables you to update certain information about yourself, for example you may change your business or personal information by updating your user profile or changing your user settings.
    • You may opt out of receiving marketing materials from us by using the unsubscribe link in our communications, by updating your preferences within your account on our Platform, or by contacting us. Please note, however, that even if you opt out from receiving marketing materials from us, you will continue to receive notifications or information from us that are necessary for the use of our products or services.
    • As a security measure, we may need specific information from you to help us confirm your identity when processing your privacy requests or when you exercise your rights.
    • Any request under paragraph 6.1 will normally be addressed free of charge. However, we may charge a reasonable administration fee if your request is clearly unfounded, repetitive, or excessive.
    • We will respond to all legitimate requests within one (1) month.Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of requests.
  • Changes to this policy
    • We may amend this policy from time to time by posting the updated policy on our Platform. By continuing to use our Platform after the changes come into effect, you agree to be bound by the revised policy.
  • Policy towards children
    • Our products and services are not directed to individuals under 16. We do not knowingly collect personal information from individuals under 16. If we become aware that an individual under 16 has provided us with personal information, we will take steps to delete such information. Contact us if you believe that we have mistakenly or unintentionally collected information from an individual under 16.
  • Contact us
    • Please contact us at support@travel9to5.com or submit any written request to:

2301 Bayfield Building, 99 Hennessy Road, Wanchai, Hong Kong

Attn: 9to5 Ltd

  • Please contact us in the first instance if you have any questions or concerns. If you have unresolved concerns, you have the right to file a complaint with a data protection authority in the country where you live or work or where you feel your rights have been infringed.

COOKIES POLICY

Cookies are small text files that are placed on your device by a web server when you access our Platform. We use cookies to identify your access and monitor usage and web traffic on our Platform to customise and improve our products and services.

We use both persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Site or a partner site that uses our services. Session cookies only last for as long as the session lasts (usually the current visit to a website or a browser session).

We use the following types of cookies:

  • Strictly necessary cookies – these are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our website.
  • Analytical/performance cookies – these allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are easily finding what they are looking for.
  • Functionality cookies – these are used to recognise you when you return to our site.
  • Targeting cookies – these cookies record your visit to our site, the pages you have visited, and the links you have followed.

You can block cookies by activating the setting on your browser that allows you to refuse the use of all or some cookies. However, if you do so, you may not be able to access all or parts of our site.

Last updated: 28 Jul 2020

LEGAL BASES TABLE

Processing purposeType of data processedLegal basis
To register you as a user on out PlatformAccount DataTo perform our contract with you
To enable you to use our products and servicesAccount Data, Transaction Data, Support Data, Technical Data [and User Content]To perform our contract with you
To process your paymentsAccount Data, Transaction Data, Financial DataTo perform our contract with you
To collect overdue amountsAccount Data, Transaction Data, Financial DataLegitimate interest to recover debts due to us
To notify you about changes to our products, services or termsAccount Data, Transaction Data, Financial DataTo perform our contract with you
To administer and maintain safety and security of our PlatformTechnical Data, Usage DataTo perform our contract with you
To study usage of our products or servicesTransaction Data, Support Data, Technical Data, Usage DataLegitimate interest to improve our Platform, products and services
To gather feedback on our products, services or featuresAccount DataLegitimate interest to improve our Platform, products and services
To provide information on products or services that may be of interest to youAccount Data, Preference DataConsent, which you may withdraw any time