Terms of Use

1.1. Please read the terms of use (“Terms of Use”) set forth below, as they apply to your access and use of our various websites, APIs, email notifications, applications buttons and widgets (collectively referred to as the “Site”), and purchase of our services and products, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Site. Your access to and use of the Site signify your acceptance of these Terms of Use and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.

1.2. To use the Site and purchase our services and products, you must be fully legally competent, or act with the consent of your legal representative.

1.3. It may be necessary for you to set up an OKiBOOK account in order to use certain services and products. To register, you are required to enter a valid email address and password. You are obliged to protect your information from unauthorised access and to prevent access to your account by third parties. You must also provide true, accurate and complete information.

The Site is provided and operated by OKiBOOK Limited. We are a limited liability company registered in Hong Kong with company number 2339996 and having our registered office at 16/F, SML Tower, 165 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong.

3.1. These Terms of Use include the terms in our Privacy Policy Statement, which also apply to your use and purchase of our services and products.

3.2. Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you are accurate. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy Statement) of this information, including the transfer of this information both within and outside of Hong Kong for storage, processing and use by us. As part of providing you our services and products, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of our services and your OKiBOOK account, which you may not be able to opt-out from receiving.

4.1. You can make online reservations via the Site with restaurants which have subscribed to our services and accept online table booking through our reservation system (each a “Restaurant” and collectively “Restaurants”). The reservation is agreed exclusively between the Restaurant and you under mediation by us, whereby we do not act as an agent or representative, but only as a messenger. You shall ensure the accuracy of all information provided in connection with your reservation, including without limitation the intended dining date and time, number of diners and your contact details.

4.2. Our reservation function is a service provided free of charge to you. Part of the reservation function is an automatic check of the Restaurant’s expected available capacity at the time of the desired reservation. This expected available capacity is calculated at the time of your request, and is based on saved settings, existing reservations and other settings of the Restaurant. The Restaurants are exclusively responsible for maintaining and keeping their settings up to date. Outside the technical functioning of our reservation service, we accept no risk for availability or the success of reservations with the Restaurant chosen by you.

4.3. Under no circumstances shall we entertain a reservation request for a dining time which is less than the time as determined by the relevant Restaurant.

4.4. By making a reservation through our system, you acknowledge and agree that the information (including but not limited to your name, email address, telephone number and special request(s) (if any)) which you provide in your reservation request is necessary for the processing of your reservation and will be passed on to the relevant Restaurant. In no event shall we be responsible or liable to you for any subsequent use of such information by the Restaurants which has been properly passed on to them hereunder.

4.5. Some of the Restaurants may require your credit card information, including cardholder’s name, card number and expiry date, for security purposes or holding an amount, as designated by the related Restaurant, as deposit to guarantee your reservation for a particular timeslot.

4.6. Pursuant to these Terms of Use, you may make a reservation for a third party for noncommercial purpose only. For the avoidance of doubt, resale or attempted resale of reservations is expressly prohibited. Where you provide us with information relating to any third party, you shall be responsible for obtaining such third party’s prior consent to the disclosure of the same to us, and you warrant that such third party has agreed to the collection and use of the said information in accordance with these Terms of Use and the Privacy Policy Statement.

4.7. Upon acceptance of your reservation by the relevant Restaurant, you will receive from us a confirmation email at your designated email account setting out the particulars of the reservation. For the avoidance of doubt, the reservation confirmation will serve as the Restaurant’s acceptance of your booking of table but may not necessarily indicate its promise to satisfy your special request made under the reservation, if any.

4.8. You may vary or cancel your reservation via our system. If your variation or cancellation of the reservation is accepted by the relevant Restaurant, you will receive from us a revised reservation confirmation or confirmation of cancellation of reservation (as the case may be) in the form of email at your designated email account.

4.9. We make no guarantee that any of your requests in respect of a reservation (including the special request made thereunder, if any) or variation or cancellation thereof made in accordance herewith will be timely processed or accepted by the relevant Restaurant. We do not accept any liability whatsoever and howsoever arising from or in connection with any delay in the processing or non-acceptance of your request on the part of the relevant Restaurant.

4.10. You shall honour your reservation by patronising the relevant Restaurant on the dining date at the time specified in the reservation confirmation, unless you have cancelled your reservation in accordance with these Terms of Use.

4.11. If unable to honour a reservation, you must cancel as soon as possible and in accordance with any cancellation policy of the Restaurant. Other rights notwithstanding, we reserve the right to deactivate the reservation function and/or other services for you if you do not honour several reservations without cancelling them (“no show”), if we have already informed you hereof to no effect. The Restaurant’s rights relating to reservations or no shows remain unaffected.

4.12. We reserve the right to cancel any reservation made by you, in which event, we shall notify you of it by email. We shall not be liable for any consequences of such cancellation howsoever arisen.

5.1. Price and other information of goods or services presented on the Site are only an invitation to offer and your order shall be deemed as an offer to buy from us the products or services you have specified at the price stated for the same. All orders placed through the Site are subject to our acceptance. You cannot change or cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.

5.2. We will use all reasonable commercial endeavours to ensure the supplies of services or products listed on the Site. If any product cannot be provided to you since it is out of stock, we will contact you and try to replace it with similar products. Otherwise, the product will be deleted from the order and the bill will be adjusted accordingly. 5.3. All orders are subject to final confirmation based on the stocks of related products. If we cannot provide any of the ordered products, we will contact you through phone call or email before delivery, and we reserve the right to cancel the order. 5.4. We may refuse to accept or may cancel any order, pursuant to these Terms of Use or for any other legitimate reason, and without any liability to you or anyone else.

All prices are shown in Hong Kong Dollars. We will do our best to ensure that you have timely and accurate product pricing and availability information when you order. We will notify you if there are any changes to product pricing and availability after you have submitted your order, and you will have the option to cancel your order as a result of any such changes. At the time of your order, we will provide you a quote for delivery charges for the initial shipment. For orders involving multiple shipments over time, the delivery charges for future shipments will be based on the cost at the time of shipment.

7.1. You are responsible for verifying the accuracy of the delivery address and, in the case of the purchase of any alcohol, for ensuring that someone 18 or older receives the product.

7.2. Any individual at the delivery address who accepts a delivery from us is presumed to be authorised to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

7.3. You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. Following delivery, you are solely responsible for the proper and safe storage of the product.

7.4. We depend on commercial delivery or courier services to deliver products to you. Any delivery dates we provide are based on their estimated delivery times. Actual delivery dates may be sooner or later than estimates for reasons beyond our control (including inclement weather or failures of the delivery services). All products purchased from us will be subject to a shipment contract with the third-party delivery services. Title to and the risk of loss of such products pass to you upon our delivery of the products to the third-party delivery service.

8.1. If you purchase a voucher, we act an as agent in selling the voucher on behalf of a merchant. As issuer of the voucher, the merchant shall be solely responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the merchant or its products and services. By purchasing a voucher, you acquire the right to print a voucher issued by the participating merchant and to use the voucher according to its terms and these Terms of Use. No liability or responsibility is accepted by us for any injury, illness, damage, loss, accident, expense, or any other claim arising from involvement in any goods or services provided by the merchant.

8.2. Each voucher may have specific terms associated with the voucher, which will be presented to you before you commit to purchase the particular voucher.

8.3. Vouchers are subject to availability and each voucher can only be used once.

8.4. In some situations you must telephone or email the merchant in advance of your intention to use or redeem your voucher and quote the unique voucher number at the time of making the booking.

8.5. Vouchers are non-refundable and cannot be exchanged, either fully or in part for cash of any amount.

8.6. The voucher’s expiry date is shown on the voucher and is valid up to and including the expiry date.

8.7. Vouchers are issued by email to the address specified at time of purchase and can be sent to either the purchaser or to the gift recipient, subject to the purchaser’s preference. It is the responsibility of the purchaser to provide a correct and accurate email address. We are not liable or responsible for any loss suffered as a result of a voucher via email being blocked by filters or firewalls, or where an incorrect email address has been entered by the purchaser.

8.8. Once a voucher has been purchased and sent to the designated recipient, we shall not be responsible if the voucher is lost, stolen, destroyed or used without the purchaser’s permission.

8.9. The merchant and we reserve the right to cancel issued vouchers, close user accounts, and/or request alternative forms of payment if a fraudulently obtained voucher is redeemed or used to make purchases.

9.1. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (and our third-party payment processor) to charge you via your payment method for the total amount of your purchase (including any applicable taxes, delivery charges, and other charges).

9.2. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.

9.3. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, you authorise us to charge such amount directly to the payment method you used for your order, and we may suspend or terminate your ability to order products. You are responsible and liable for any fees, including legal fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.

We sell and provide our services and products to you for your lawful, bona fide and personal enjoyment. You are not permitted to resell or otherwise use our services or products for commercial purposes.

11.1. If you are dissatisfied with a food/ beverage product you purchased through the Site, please contact our customer service within seven (7) days of the date you receive the product. We may require the return or photographic documentation of any product with which you are dissatisfied before we take any action. Any such action is at our sole discretion.

11.2. If you are dissatisfied with any non-food/ beverage product you purchased through the Site, you may return the product (which must be in new and unused condition in its original packaging and with any tags still attached) within thirty (30) days of the date you received the product by contacting our customer service and following the shipping instructions we supply. Return shipping is at your expense. After we receive your returned product, we will issue you a refund for the price you paid for the product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.

All intellectual property on the Site which includes materials protected by copyright, trade mark, or patent laws is owned by us. All trade marks, service marks and trade names are owned and registered by us. All content on the Site including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the copyright laws of Hong Kong and other countries and is the proprietary property of us. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trade marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without our prior written consent. The use of our trade marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external Internet site or the creation of links, hypertext or hyperlinks between the Site and any other Internet site, is prohibited without our express written consent.

13.1. ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES AS TO THE SERVICES AND PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM TRADE USAGE, CUSTOM OR COURSE OF DEALING. IN THE EVENT OF AN ERROR ON THE SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. We attempt to display the information about our services and products, including product images, pricing, and nutritional information, on the Site as accurately as we can. However, we do not guarantee the accuracy, completeness, suitability or validity of such information. Further, the services, products and other materials you receive in your order may vary (in appearance or otherwise) from the services, products and materials that you viewed on the Site due to factors such as constraints of computers and their ability to render images accurately, modifications or replacements of ingredients, and variability in preparation methods and equipment. WE ARE NOT RESPONSIBLE FOR ANY CLAIMS RESULTING FROM YOUR RELIANCE ON

13.2. THE SITE MAY CONTAIN INFORMATION ABOUT SERVICES OR PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE OR PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless us, and our past, present and future employees, officers, directors, contractors, consultants, equity-holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, legal fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance) of every kind and nature whatsoever suffered or incurred by us, whether in tort, contract or otherwise that are caused by, arise out of or are related to (a) your use or misuse of our services or products, (b) your violation of these Terms of Use, (c) your violation of the rights of another, and (d) any third party’s use or misuse of our services or products provided to you. You agree to promptly notify us of any third-party claims and cooperate with us in defending such claims. You further agree that we shall have control of the defence or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities (if any) set forth in a written agreement between you and us.

15.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE PURCHASE OR USE OF ANY OF OUR SERVICES OR PRODUCTS, THE USE OF THE SITE, OR OTHERWISE RELATED TO THESE TERMS OF USE REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) OUR MAXIMUM AGGREGATE LIABILITY FOR YOUR DIRECT, OUT-OF-POCKET DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF USE AND/OR YOUR PRODUCT OR SERVICE PURCHASES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU UNDER THE ORDER(S) GIVING RISE TO YOUR CLAIM.

15.2. In addition, in no event shall we be liable for any failure of performance due to circumstances outside our control, including, but not limited to, acts of God, war, terrorism, health concerns, riots, demonstrations, travel restrictions, industrial disputes, major disruption of transport system, communications failures, theft, destruction or unauthorised access to our records, programmes or systems.

15.3. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute our sole liability and obligation in respect hereof, regardless of the form of action, whether based on contract, tort, strict product liability or any other legal or equitable theory.

16.1. As a service provided to viewers, the Site may provide hyperlinks to other websites that are not operated or controlled by us. We are not responsible for the legality, accuracy or functionality of the content of such websites.

16.2. It is strictly forbidden to create any hyperlink to the Site without our prior written consent.

We may amend these Terms of Use from time to time at our sole discretion without notice or liability to you. By continuing to use the Site and purchase our services or products following such amendments to the Terms of Use, you agree to be bound by such amendments.

These Terms of Use are governed by and interpreted in accordance with the laws of Hong Kong and the courts of Hong Kong shall have jurisdiction over disputes over these Terms of Use.

If there is any inconsistency or ambiguity between the English and Chinese versions of these Terms of Use, the English version shall prevail.