Terms & Conditions
1. Services
1.1 We are iLogic Connects Corporation Limited ("we"), we operate the LIVVY mobile app. The app facilitate and promote dining reservations, shopping experiences, and creative activities by the member of Yau Lee Holdings Limited and Motto by Hilton Hong Kong Soho (“services”).
1.2 By using our app you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our app and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.4 The meaning of some words used in these terms and conditions:
1.4.1 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.4.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise delivered.
1.4.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.4.4 “merchandise” means the goods (including without limitation food and beverages) or services you ordered through our app, which you will pay for.
1.4.5 “intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.4.6 “services” has the meaning given in clause 1.1.
1.4.7 “supplier” means the seller and supplier of the merchandise you ordered through our site.
1.4.8 “app” means our LIVVY app, and any associated sites linked to it.
1.4.9 “User Content” has the meaning given in clause 11.1.
2. Registration
2.1 You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 You represent to us and to all suppliers of the merchandise through our app that all purchases made by you through our app will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
3. Order
3.1 Except where otherwise explicitly specified, we are not the seller or supplier of the merchandise. We are responsible for managing and administering the app, arranging order processing and where applicable, fulfillment for the merchandise you ordered from the suppliers through our app.
3.2 When you place an order you are making an offer to buy from the supplier the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
3.3 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.3.1 details of what you have ordered,
3.3.2 details of the price charged,
3.3.3 information about the progress of your order, and
3.3.4 estimated dispatch and delivery information.
3.4 Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
3.5 The availability of the merchandise is as shown online and will be updated regularly by the supplier. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
3.6 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
3.6.1 no sufficient stock to deliver the merchandise you have ordered;
3.6.2 merchandise cannot be provided at the time you specified; or
3.6.3 one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
3.7 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your payment method as soon as possible but in any event within sixty (60) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
4. Dining Reservation
4.1 You can use the Booking Service to make dining reservation (hereinafter referred to as “Reservation”) with restaurants which accept online table booking through the App (hereinafter referred to as individually “Restaurant” and collectively “Restaurants”).
4.2 You shall ensure the accuracy of all information provided in connection with your Reservation, including without limitation the intended dining date (“Dining Date”) and time, number of diners and your contact details.
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 related Restaurant.
4.4 By making a Reservation, you acknowledge and agree that the information (including but not limited to name, email address and telephone number) which you provide in your Reservation request and is necessary for the processing of your Reservation will be passed onto the relevant Restaurant.
4.5 You shall not submit multiple requests for a single table booking. In the event of such multiple requests being made, we may at our sole and absolute discretion (i) treat them as a single Reservation request or (ii) reject / cancel all such Reservation requests made by you without any compensation or recourse to you.
4.6 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.
4.7 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.
4.8 We reserve the right to cancel any Reservation made by you, in which event, we shall notify you of it by email. If we cancel your reservation, we will credit to your account any sum deducted by us from your payment method as soon as possible but in any event within sixty (60) days.
4.9 Some restaurants may require you to pay a deposit to reserve specific private room seats based on your reservation needs. The deposit will be used towards the payment of your dining expenses.
4.10 If you are absent on the reserved dining date, the deposit will not be refunded.
5. Price and Payment
5.1 We will use all reasonable commercial endeavors to display accurate and up to date prices on our app. However, because prices of the type of merchandise for sale are often updated by the supplier we cannot state the definite price until we send you our acceptance of your order.
5.2 If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
5.2.1 cancel your order, or
5.2.2 contact you to ask you whether you wish to pay the higher price or cancel your order.
5.3 If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your credit card. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
5.4 We accept payments made by Visa, MasterCard, Wechat Pay and Alipay HK. When you place an order you authorise us to debit the payment method you specify on your order for the amount of the order at the time we send our acceptance of your order and you represent to us that you shall be authorised to make such payment. Title in the merchandise does not pass to you until payment has been received.
5.5 All product prices listed are in HK dollars.
5.6 We use third party payment services to process online transactions. When you place an order, you agree and accept that your information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making transactions, and in no event shall any such losses in whole or in part be borne by us.
6. Delivery Policy
6.1 Delivery Scope
6.1.1 Currently, we only provide self-pickup services at designated locations and do not support delivery or postal services.
6.2 Pickup Time
6.2.1 You can specify the pickup time at the time of purchase.
6.2.2 Please ensure to pick up your items at the designated pickup location within the specified time.
6.2.3 Please present the mobile application and QR code for pick up.
6.3 Pickup Location
6.3.1 The pickup location is 83 Jervois Street, Motto by Hilton Hong Kong Soho. Please refer to the order confirmation for the detailed address.
6.4 Pickup Guidelines
6.4.1 If you are unable to pick up your order at the specified time, for freshly prepared food merchandise, we will only keep the merchandise until the restaurant's closing time on the same day. For other merchandise, we will store them for one month. After this period, if the merchandise remain unclaimed, we will consider it as you voluntarily giving up the order merchandise, and the order will be deemed as completed.
6.4.2 We do not accept pickups by a representative; please pick up the items yourself.
7. Return Policy
7.1 If you need to return or exchange items, please do so on the day of pickup at the designated location and complete the necessary procedures.
7.2 merchandise that have been opened or used are not eligible for return.
8. Disclaimer of Warranties and Limitation of Liability
8.1 We do not represent or warrant that access to our app, or any part of it, will be uninterrupted, reliable or fault-free.
8.2 We do not represent or warrant to you that our app or any of its contents (including the product filters and the results obtained from the use of product filters) will be accurate, complete or reliable. You agree that the product filters are for your reference only.
8.3 We do not represent or warrant that:
8.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
8.3.2 any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
8.4 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
8.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
8.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our app or any information on our app;
8.5.2 the unavailability of our app (or any part of it), merchandise or services;
8.5.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
8.5.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
8.5.5 any misrepresentation on or relating to our app, the merchandise or the services.
8.6 Save as required by law
8.6.1 we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
8.6.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
8.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our app. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
8.8 You agree that each of these limitations is reasonable having regard to the nature of our app and in particular given that when you purchase merchandise through our app you will enter into a separate contract with the supplier in each case.
8.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
8.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
9. Return Policy
9.1 If you need to return or exchange items, please do so on the day of pickup at the designated location and complete the necessary procedures.
9.1.1 use our app for any fraudulent or unlawful purpose;
9.1.2 use our app to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
9.1.3 interfere with or disrupt the operation of our app or the servers or networks used to make our app available; or violate any requirements, procedures, policies or regulations of such networks;
9.1.4 transmit or otherwise make available in connection with our app any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
9.1.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our app;
9.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our app;
9.1.7 frame or mirror any part of the app without our express prior written consent;
9.1.8 create a database by systematically downloading and storing the Content, User Content or any app content; and
9.1.9 infringe any copyright, design right and intellectual property right in the merchandise.
10. Content
10.1 The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 14.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
10.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
10.3 Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
10.3.1 use the Content for any commercial or other non-personal purpose;
10.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
10.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
10.4 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
10.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our app.
11. User Generated Content
11.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our app (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the app, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 11.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
11.2 You represent, warrant and covenant that:
11.2.1 you have the legal right and authority to grant the licence in clause 11.1 above;
11.2.2 you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 11.1 above;
11.2.3 by exercising the licence in clause 11.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
11.2.4 to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 11.1 above;
11.2.5 the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
11.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
11.3 You shall be legally liable for the User Content and we shall not be responsible nor liable for any User Content under any circumstances, regardless of whether we had knowledge of the User Content.
11.4 Our app will only display User Content that are related to product quality or promotional offers. Those User Content about after sales or other services will not be displayed on the site. We reserve the right to edit or delete User Content which contain attacks on other users, slander, coarse language and profanity, or other unrelated topics.
12. Indemnity
12.1 You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
13. Linked Websites
13.1 Certain links, including hypertext links, in our app will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
14. Termination
14.1 We may terminate your access to our app or registration immediately if you are in breach of any of these terms and conditions.
14.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
14.3 You can terminate your LIVVY account through the app. A prompt will appear within the app to confirm the deletion request of your LIVVY account. Upon successful deletion of your LIVVY account, your account access will be permanently terminated.
14.4 All unredeemed, unused, or unclaimed merchandise associated with the deleted LIVVY account will become unusable from the date of the account deletion.
15. Intellectual Property
15.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on our app and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
15.2 All trade marks, product names and company names or logos used in our app are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
16. General
16.1 Where in these terms representations and warranties are made to us and to suppliers of merchandise through our app, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.
16.2 We reserve the right at any time without notice to revise the content of our app (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our app and by continuing to use our app following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
16.3 We handle Members’ personal data in accordance with the Personal Data (Privacy) Ordinance of Hong Kong and the Privacy Policy Statement and Personal Information Collection Statement of Us. Please refer to the Privacy Policy Statement and Personal Information Collection Statement here: https://www.livvy.com.hk/privacy_policy.html. In 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.
16.4 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
16.5 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
16.6 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
16.7 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.