Welcome to Wonderland ! EVERYOUNG
全港一站式美容美髮美甲黃頁
一APP在手，隨時隨地扮靚無難度！
ANYWHERE! EVERYWHERE! EVERYOUNG!
YOUR BEAUTY! YOU WAY!
關於Everyoung
EVERYOUNG
We are EVERYOUNG
EVERYOUNG
我們的使命
在這個充滿挑戰的社會中，我們堅信每個人都應擁有追求美麗與自信的權利。作為全香港一站式美容美髮美甲綜合預約點評平台，我們的使命不僅是提供優質的服務，更是以社會企業的身份，積極關注和支持弱勢社群。
我們致力於聘用弱勢社群，幫助他們發掘自身潛能，培養自力更生的能力，讓他們能夠自信地融入社會，展現人生中最美好的一面。我們相信，每個人都有屬於自己的故事和光芒，而我們的工作就是幫助他們找到這份美麗。
與我們的美容商戶和客戶攜手合作，我們共同打造出一個充滿正能量的社區，讓每一位顧客都能在這裡找到屬於自己的美麗角度。我們的使命是讓每一個人都能展現出最真實、最動人的自己，並一起創造一個更加包容和美好的社會。讓我們一起努力，美出新角度，讓每個生命都閃耀著獨特的光彩！
宜家吾開始，仲想拖到幾時？
美麗革命由現在開始！
一app 在手，隨時隨地扮靚無難度🥰
靚出美麗新國度，一切掌握你手🥰
Your beauty ! Your way !
We are EVERYOUNG
We are EVERYOUNG
We are EVERYOUNG
成立於香港的Everyoung ，源於對美的熱愛和追求。隨著時間的推移，我們不斷創新，將全港美容行業集中在你手上，一APP 在手，滿足顧客不斷變化的需求。
探索Everyoung 的奇蹟
客戶的真實評價等你來看
與我們聯絡
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Personal Data Policy Statement (“Privacy Policy”)
Personal Data Policy Statement (“Privacy Policy”)
Girls In Wonderland 852 Limited and its subsidiaries and affiliates (collectively referred to as the “Company”; and where applicable, “Company” may refer to Girls In Wonderland 852 Limited and/or its subsidiaries and/or affiliates) are committed to complying with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong. The Company ensures that its employees adhere to the highest standards of security and confidentiality regarding all personal information and data submitted by users (hereinafter referred to as “Users”) through EverYoung, its subdomains, and any other websites, media platforms, or applications operated or developed by the Company, including the EverYoung mobile application and mobile web (collectively referred to as the "Channels"). The Company will not disclose such personal data without the consent of the Users (whether registered or not), except to authorized parties as specified in Section 3 “Disclosure or Transfer of Data.” Unless otherwise defined, the terms used in this Privacy Policy shall have the same meanings as those in the “Terms and Conditions” and “Talent Recruitment Service Terms and Conditions.”
Users are encouraged to carefully read this Privacy Policy to understand the Company's practices regarding personal data provided on the Channels. This Privacy Policy applies to both registered and non-registered Users and may be updated, revised, or modified by the Company from time to time as deemed necessary.
If Users have any questions or concerns regarding this Privacy Policy, please contact the Company’s customer service representatives. For further details, please refer to Section 15 regarding “Contact Methods.”
Purpose of Collecting Personal Data
During the use of the Channels, Users may voluntarily provide or be required to provide personal data and/or information. To access the various services offered through the Channels, Users may need to supply their personal data and/or information to the Company. While Users are not obligated to provide personal data, refusal to do so may result in the Company being unable to provide certain services.
The purposes for which the Company collects personal data through the Channels include, but are not limited to, the following:
Daily operation of services provided to Users;
Identifying Users who post advertisements, materials, information, photos, comments, opinions, or other content (collectively referred to as “Information”) on the Channels;
Confirming the identity of Users who view Information on the Channels;
Providing the Company’s services to Users;
Verifying the identity of Users utilizing services through the Channels;
Handling and following up on inquiries, requests, and complaints regarding services;
Providing Users with information about activities, marketing, and promotional materials (for further details, please refer to Section 4 “Subscription to Communications, Promotional Materials, and Marketing Information”);
Assisting Users in finding job vacancies from advertisers or merchants;
Sending Users recruitment advertisements and information recommended by the Company;
Identifying channel members who have benefitted from receiving marketing and promotional materials;
Offering Users the ability to upload materials (such as photos and videos) and share and communicate via channels and forums;
Allowing channel members to participate in special events organized by the Company as a member benefit;
Contacting Users regarding administrative notifications and communications related to their accounts with the Company (if any), and/or issuing notifications and confirmations concerning any services utilized by Users through the Channels;
Designing, developing, and improving products and services for Users;
Collecting data on channel usage for internal analysis;
Promoting the Company’s services, marketing services, special events, or promotional activities;
Possibly using cookies (such as Google Analytics cookies and Facebook Pixel) and identity identification schemes (e.g., Unified ID 2.0 technology) to collect data on Users' browsing content, advertisements, or consumption records for personalization purposes;
Enforcing the Company’s terms and conditions on the Channels and other rights;
Complying with legal obligations and user consent (if required) or as permitted by relevant laws; and
Any other purposes related to the above.
Note
The Company’s websites are not intended for individuals under the age of thirteen (13). If you are under 13 years old, you should not provide any information to us without prior parental consent. If the Company discovers that a person under 13 has provided personal data without parental consent, we will promptly delete that user’s information.
The Company will only collect personal data that it deems relevant and necessary and will not collect excessive information for the purposes mentioned above.
In addition to the aforementioned purposes, the Company may also need to use users' personal data for other reasons, for which the Company will seek prior consent from users. If users are minors, the Company will obtain permission from their parents or guardians.
Collection of Personal Data
The Company collects personal data and/or information about users, including but not limited to their usernames, login IDs and passwords, addresses, email addresses, phone numbers, age, gender, date of birth, country of residence, nationality, education level, and work experience. Additionally, the Company may occasionally gather extra personal data and/or information through competitions, user surveys, special promotions, or responses to recruitment advertisements.
When users log into the Channels, the Company automatically collects information from the users' computers or devices. For example, the Company will collect the user's IP address, web browser software, and relevant information regarding referring websites. Furthermore, the Company may gather information about users' activities within the Channels, such as the pages viewed, content browsed, and services used.
If users access the Channels using devices that allow the transmission of location information or upload photos indicating their location, the Company will additionally collect information about the users' whereabouts. This information will be used to provide relevant information to users and to enhance their experience while using the Channels.
If users who are not registered members of the Channels utilize food delivery services through any channel, the Company will collect and store the personal data and/or information of those users, including their names, addresses, and phone numbers.
Only authorized employees of the Company will have access to users' personal data and information. The Company will not disclose such personal data and information to any third party, except as specified in Section 3 regarding "Disclosure or Transfer of Data."
Disclosure or Transfer of Data
The Company will take various feasible measures to safeguard all users' personal data and information from unauthorized disclosure.
Generally, the Company will only disclose and/or provide users' personal data and/or information to internal employees for the purpose of fulfilling the "Collection of Personal Data" objectives mentioned above. However, the Company may transfer data and/or information to third parties in the following circumstances:
Disclosing data and/or information to authorized third-party vendors or external suppliers under confidentiality agreements to facilitate services provided through the Channels, including but not limited to restaurants and businesses participating in the Company’s online reservation system and providing the "Stacked Rewards" program (for details, please refer to the reservation terms).
Providing data and/or information to any authorized agents of the Company or its affiliates.
As permitted by the Terms and Conditions, "Talent Acquisition Service Terms and Conditions," and other relevant terms.
When the Company needs to protect and defend its rights and property.
Providing data as required by applicable laws and regulations, including but not limited to judicial processes, court orders, or legal proceedings.
When the Company believes it is necessary to transmit services and maintain or improve the services of the Channels.
In any merger, financing, acquisition, bankruptcy, dissolution, transaction, or litigation negotiation process, if the Company sells, transfers, or discloses all or part of its business or assets to another company, the Company may disclose user data to third parties and require those third parties to implement appropriate confidentiality and security measures.
Personal data collected through the Channels may be transferred, stored, or processed in any country where the Company operates. By using the Channels, users consent to and authorize the Company to disclose and transfer their personal data and information under the aforementioned circumstances, including transferring user data (including personal data) to countries outside of their own.
Subscription to Communications, Promotional Information, and Marketing Information
The Company will periodically send users communications, promotional information, and marketing materials regarding the Company's products, services, and related information from its third-party advertisers via email and/or SMS (text messages), based on the personal data and information provided by users through the Channels. With user consent (including any indication of no objection), the Company will utilize users' data for direct marketing purposes. Please note the following:
The Company or its authorized personnel may use users' names, login IDs and passwords, contact information, age, gender, date of birth, country of residence, nationality, education level, and work experience in direct marketing activities.
The following categories of services, products, and offerings may be promoted:
Service vouchers;
Special events organized by the Company for members and users, including but not limited to lectures, seminars, and competitions;
Rewards, loyalty programs, or special treatment plans and related products and services;
Various discounts, including coupons, promotional discounts, group buying offers, and promotional activities;
Products and services offered by the Company and its advertisers (specific names can be found in related advertisements or marketing materials);
Charitable donations and contributions for non-profit purposes.
The products, services, and offerings mentioned above may be provided by the following third parties or solicited by the Company (in the case of donations and contributions):
Third-party service providers offering the products, services, and offerings listed in item 2 above;
Charitable or non-profit organizations.
In addition to promoting the aforementioned services, products, and offerings, the Company also intends to provide the data described in item 1 above to anyone mentioned in item 3 for the purpose of promoting their services, products, and offerings. In such cases, the Company will seek users' written consent (including any indication of no objection).
The Company may provide data to other parties mentioned in item 4 in exchange for money or other compensation. When seeking users' written consent, the Company will inform users if their data is provided to other parties for compensation.
Members can choose to "opt-out" of receiving such information through various means. Users can log into the maintenance page of their member accounts, click on the automatic link in the relevant communications/information, or contact the Company's customer service representatives for details (see Section 14 "Contact Methods").
The "opt-out" option mentioned above will not affect users from receiving notifications and letters from the Company regarding the use of services provided by the Company (i.e., non-marketing or promotional communications), including but not limited to notifications within the terms of booking.
Job Applications and Creating Talent Profiles
Responding to job advertisements is free. Users must fill out required fields, such as their full name, phone number, and email address (hereinafter referred to as "Contact Information"), when responding, so that employers can contact and identify the user. After users fill out their Contact Information and provide employer messages (hereinafter referred to as "Messages") and/or other personal information (including but not limited to resumes and certificates, hereinafter referred to as "Resume Data"), their Contact Information, Messages, and Resume Data will be stored in the Channels and forwarded to the merchants or advertisers posting the relevant job advertisements when they click the "Submit" button on the job advertisement.
If users decide to create a talent profile on the Channels, they are consenting to the use of the information provided when creating or modifying their profile in accordance with the "Talent Acquisition Service Terms and Conditions." If users set their resume visibility to the default "Publicly Accepting Invitations" or change it to "Publicly Accepting Invitations," advertisers and merchants will be able to view their profile information through the database.
Cookies and Log Files
Unless explicitly requested by the user, the Company will not collect or store any personally identifiable information when users enter and browse the Channels. When users log into the Channels, the Company only records their login information without collecting their personal data or information. The website's server software merely logs functional variable names, server addresses, and tracks the pages accessed by the user, which are stored in "cookies." Additionally, information such as Internet Protocol (IP) addresses, browser types, pages visited, operating systems, date/time stamps, and clickstream data will be recorded in log files.
Terms and Conditions of Service (“Terms & Conditions”)
The EverYoung APP is owned by Girls In Wonderland 852 Limited (referred to as “GIW”). The Company, which includes Everyoung and its subsidiaries and affiliates (collectively referred to as “the Company”), provides services not only through its website and other media platforms but also via mobile networks and applications developed by the Company. Users must adhere to the Privacy Policy and the following terms and conditions (hereinafter referred to as the “Terms and Conditions”) while browsing and using the services offered through the Channels (collectively referred to as “Channels”).
By using the Channels or accessing other websites, media platforms, and applications through the Channels, users (hereinafter referred to as “Users”) are deemed to accept and agree to comply with the Terms and Conditions and the Privacy Policy. If a User does not agree with any part of the Terms and Conditions or the Privacy Policy, they should refrain from using the Channels. The Company reserves the right to modify the Terms and Conditions and the Privacy Policy at any time without prior notice. Once amended Terms and Conditions and Privacy Policy are posted on the Channels, they will apply to all Users. The Company advises Users to periodically review this page for the latest Terms and Conditions and Privacy Policy. If a User informs the Company that they do not accept any amendments, they must immediately cease using the Channels and Services (as defined in Section 1.1 below); otherwise, continued use will be considered acceptance of all amendments and will be binding on the User.
Users agree that, in addition to complying with these Terms and Conditions, they will also be bound by the terms and conditions of any relevant Channels they use, as well as the terms and conditions applicable to any Materials (as defined in Section 4.1 below) they upload or post.
Users further agree to comply with all applicable laws, regulations, and ordinances (whether or not they have the force of law) while using the Channels. Users acknowledge the global nature of the Internet and agree to abide by applicable laws, regulations, and ordinances that may be outside their jurisdiction. The term “User” refers to any individual or entity accessing and/or using the Channels at any time, whether in Hong Kong or elsewhere, for any reason or purpose.
General Terms
The Company offers one or more of the following services through the Channels in accordance with these Terms and Conditions:
A platform for sharing comments and materials related to dining experiences;
Online reservation services;
Job posting and search services;
Provision of merchant service systems;
Online marketing services for Advertisers, Merchants, and/or Restaurants (including but not limited to posting advertisements, promotional campaigns, offers, marketing information, and hosting special events);
Other services and features provided by the Company through the Channels.
(The above services may be referred to collectively as the "Services.")
The Company reserves the right to modify any Services at its discretion, including but not limited to removing, adding, or altering any part of the Channels, and may edit, modify, share, mute, delete, or remove any materials in the Channels without notice. The Company shall not be liable to Users for any such actions unless otherwise specified in a service contract signed with the Company.
Except as stated in these Terms and Conditions, the Company is not a party to any actual transactions between Users.
Privacy Protection Commitment
The Company is committed to safeguarding users' privacy and uses their information in accordance with the terms outlined in the Privacy Policy.
Registration as a Member
Users can freely browse the information available on the Channels and access the services provided by the Company. However, certain features and content (such as submitting reviews and participating in the "E-point" rewards program) are exclusively available to registered members (hereinafter referred to as “Members”).
Users can register by accessing the "Everyoung Member Registration" section. Users guarantee that the personal information they provide during registration is true, accurate, up-to-date, and complete, and they undertake to promptly update this information if there are any changes. Failure to comply with this requirement may result in the Company suspending or terminating the user's membership account without further notice.
Users must not select a username or password that infringes upon the rights of others or one that the Company deems offensive, inappropriate, or improper. In such cases, the Company reserves the right to modify or delete the username or password, as well as to terminate the Member's account and eligibility. The Company shall not be liable for any loss or damage resulting from a User's improper use of their username or password.
Users are solely responsible for maintaining the confidentiality of their account login information and password and for all activities conducted within their account. The Company is not liable for any loss or damage resulting from unauthorized use of a Member's account.
Users agree to promptly notify the Company of any unauthorized use of their account or any other security breaches.
The Company reserves the absolute right to refuse any User’s application for membership as outlined in Clause 2.2, without any obligation to provide notice or explanation for the rejection.
The Company retains the right to cancel or deactivate any User's membership account at any time.
The information provided by Users will be processed in accordance with the Privacy Policy. The Company strongly recommends that Users read the Privacy Policy thoroughly before registering.
Prohibited Activities
Users (including Members) agree not to engage in any of the following prohibited activities on any Channels:
Interfering with, disrupting, or attempting to gain unauthorized access to the security of the Channels’ servers or networks, including but not limited to unauthorized login attempts, probing, scanning, or testing the vulnerability of systems or networks, or attempting to breach security or authentication measures, disturbing other users, or sending unauthorized emails. Violating system or network security may result in civil and/or criminal liability.
Deleting or modifying any information or materials posted by other users.
Using the Channels to (1) upload, post, publish, transmit, or store materials that violate any applicable laws; (2) infringe on copyrights, trademarks, trade secrets, or the rights of others; (3) engage in any illegal, defamatory, obscene, discriminatory, harassing, threatening, or otherwise offensive conduct; (4) conduct any commercial activities unless permitted under these Terms or by an existing service contract.
Printing, downloading, copying, or otherwise using personal identification information of other users (if applicable).
Sending unauthorized disruptive communications to other users.
Using the Channels if the User is not legally capable of forming a binding contract or is prohibited by law from using the service.
Posting any materials containing false, misleading, or defamatory content, or disseminating any computer viruses, trojans, worms, or other harmful materials that may disrupt, damage, or limit the functionality of any computer hardware or software.
Uploading or posting any information related to illegal products or services or containing fraudulent elements.
Spamming, including but not limited to posting, sending, or spreading unsolicited emails or messages.
Accessing or using another user’s personal information without explicit permission.
Transferring or assigning any rights or obligations under these Terms and Conditions to any third party without the prior written consent of the Company.
Allowing others to access the Channels using their username and password.
Acceptable Use of Channels
Specific Purposes
Users may post photos, articles, text, opinions, comments, messages, materials, videos, and any other types of information (collectively referred to as “Materials”) on the Channels. Users who publish Materials are referred to as “Publishing Users.”
Publishing Users must use the Channels solely for lawful purposes and to enjoy the services provided. The Company reserves the right to edit, refuse, reject, or delete any Materials or parts thereof published on the Channels without prior notice.
Users are prohibited from posting anyone's identification card or passport number on the Channels.
Although the Company will take reasonable measures to ensure that only authorized personnel can access the personal data of Publishing Users, it cannot guarantee that unauthorized individuals will not access this database. For information regarding the use and protection of personal data provided by Publishing Users, please refer to the Privacy Policy.
Publishing Users must upload and publish only Materials that do not infringe on the intellectual property rights or other rights of individuals or entities, and they assume full responsibility for any Materials uploaded, published, or shared through the Channels, as well as for any linked websites, media platforms, and/or applications. The Company reserves the right to edit, mute, share, refuse, remove, or delete any Materials or parts thereof and may, at its discretion, terminate services to any Publishing User without prior notice. If Materials are deleted or removed, or if a Publishing User terminates their account with the Channels, that User will no longer have access to the related Materials through their account; however, such Materials may still appear in any part of the Channels and may be used by the Company in other ways.
Publishing Users must comply with the content guidelines for Materials as revised by the Company from time to time. Under no circumstances may Users write, delete, or complain about Materials for compensation.
The Company reserves the right, without providing reasons, to require any User to immediately cease using their account on the Channels or to change their username. If a User refuses to comply with the Company’s request, the Company may close that Publishing User's account at any time without prior notice, and this action does not affect the Company’s other rights.
Users must confirm and agree to the following terms when using any Channels:
If Users upload, publish, or share Materials on the Channels (including instant uploads, posts, and shares of photos and videos), they confirm that such Materials do not contain third-party intellectual property (such as copyrighted materials) or that they have obtained permission from the intellectual property owner, and they agree that the Materials will be shared.
Even if the Company does not provide information about Users, their personal identification information may still be made public while using the Channels.
Users voluntarily assume the risks of using the Channels and agree to indemnify the Company and its officers, shareholders, employees, agents, contractors, and affiliates from any damages arising from their use of the Channels, as well as any losses, damages, lawsuits, or claims resulting from such use.
Advertising Client Terms
These terms apply to users who post advertisements, special offers, business information, promotions, and marketing materials on the Channels (hereinafter referred to as “Advertising Clients” or “Merchants”):
Users will have the right to post advertisements, special offers, business information, and/or marketing materials on the Company’s website and/or platforms and/or applications (as applicable) upon paying the service fee to the Company or accepting any free trial offer, and they will be bound by these terms and the terms of the service contract established between the Company and the Advertising Clients or Merchants (hereinafter referred to as “Service Contract”); in the event of any conflict between the two, the Service Contract shall prevail.
The Company reserves the right to change the service fees or impose new charges on Advertising Clients or Merchants for posting advertisements, special offers, business information, and/or marketing materials on the Channels at any time.
If an Advertising Client or Merchant fails to pay the service fee or violates any terms of the Terms and Conditions or the Service Contract, the Company reserves the right to suspend or terminate that Advertising Client's or Merchant's account and advertisements, as well as their right to use the Company’s website and/or media platforms and/or applications.
Review User Terms
These terms apply to users who post reviews on the Channels:
Users must always comply with the review guidelines as revised by the Company from time to time.
Users may not write, complain about, or delete their own reviews for compensation under any circumstances.
Visitor Terms
These terms apply to users who browse and/or use the information on the Channels (hereinafter referred to as “Visitors”):
Visitors agree to use the Channels solely for lawful purposes and to enjoy the services provided. Visitors agree that any personal data obtained through the Channels or from the Company will only be used to identify and search for advertisements or materials and their content, or to enjoy the services provided by the Channels. Any personal data unrelated to this purpose, including but not limited to commercial purposes, should be disregarded and must not be stored, collected, processed, used, or disseminated in any form. Visitors also agree to promptly delete all personal data collected from the Channels or the Company upon the expiration or completion of the above purposes.
The Company shall not be liable if any User violates the Terms and Conditions by using any other User’s personal data, information, or materials (whether obtained from the Channels or elsewhere) in Hong Kong or elsewhere. All Users acknowledge that any personal data, information, or materials they provide on the Channels are provided voluntarily and assume all risks associated with providing such data. The Company is not responsible for protecting any personal data, information, or materials that have been made public.
Reservation Service User Terms
For users utilizing the reservation services provided by the Company (hereinafter referred to as “Reservation Services”), such users confirm that they have read, understood, and accepted the Terms and Conditions and the reservation terms in detail before using the service, and they agree to be bound by them.
For non-member users who use the Reservation Services through any Channels or other means, the Company will collect and store their personal information and/or data in accordance with the Privacy Policy, including but not limited to the user's name, email address, and phone number.
Only Members and users of third-party platforms authorized by the Company (hereinafter referred to as “Third-Party Platforms”) can purchase service vouchers through the Channels or Third-Party Platforms. When a user logs in to or uses any Channel or Third-Party Platform to purchase service vouchers (hereinafter referred to as “Service Voucher Purchase”), he/she confirms that he/she has read, understood, and accepted these Terms and Conditions and the service voucher purchase terms (which may be revised by the Company from time to time) or the usage policies of the Third-Party Platform, and agrees to be bound by them.
When users utilize the discount service voucher services operated by third parties through the Channels (hereinafter referred to as “Discount Service Voucher Services”), they confirm that they have read, understood, and accepted these Terms and Conditions and the service terms of the third parties. The Company shall not be liable or have any obligations regarding any actions, omissions, products, services, or content of third parties, nor does it make any guarantees. For non-member users utilizing Discount Service Voucher Services through the Channels, the Company will collect, store, and use their personal information and/or data (e.g., passing it on to relevant merchants) in accordance with the Privacy Policy, including names, addresses, and phone numbers.
Users acknowledge that the Company is not a party to the transactions involving Discount Service Voucher Services and assumes no responsibility for any products or services purchased or paid for through the Discount Service Voucher Services, nor does it make any representations or warranties. Users must assume the risks associated with using Discount Service Voucher Services and resolve any payment issues and disputes directly with the third parties.
Specific Purposes — Viewing or Responding to Job Advertisements
When users view and/or respond to any job advertisements through the Channels, or view and/or reply to job advertisements sent by the Company, they confirm that they have read, understood, and accepted the Terms and Conditions and the job search terms (which may be revised by the Company from time to time) and agree to be bound by them.
Specific Purposes — Using the Reservation Services
When users book treatments through the reservation services on the Channels, they confirm that they have read, understood, and accepted these Terms and Conditions (which may be revised by the Company from time to time) and agree to be bound by them.
Specific Purposes — Using the E-Pay Services
E-Pay Service
The E-Pay service allows users to make payments through the Channels using their eligible e-wallets, credit cards, and/or debit cards. By using the E-Pay service through the Channels, users confirm that they have read, understood, and accepted these Terms and Conditions as well as the terms of any relevant special offers (if applicable), and agree to the following terms:
The Company merely provides tools to assist users and merchants in completing the online payment process and assumes no responsibility for any services, products, or special offers (if applicable) provided by merchants, participating restaurants, and shops. Merchants, participating restaurants, and shops are solely responsible for providing the relevant services, products, and offers.
Users confirm that they may only use the E-Pay service when e-wallets, credit cards, and/or debit cards supported by the E-Pay service system are accepted. The Company reserves the right to determine and change, at any time, the e-wallets, credit cards, and/or debit cards supported by the E-Pay service system without prior notice or explanation.
When users submit payment transaction information through the system, they confirm that they have reviewed and accepted the required payment amount and agree and warrant that: (i) they have the legal authority to agree to all relevant Terms and Conditions; (ii) they have the legal authority to provide payment information; and (iii) they have the legal authority to execute the payment transaction and will not violate any applicable laws or terms.
Payments made through the E-Pay service and/or the right to enjoy the E-Pay service may be refused, suspended, or terminated for any reason without prior notice. Such reasons include, but are not limited to, invalid data provided by third-party service providers, account closures, failures, maintenance, modifications, upgrades, and/or enhancements. The Company shall not be liable or have any obligations for any refusals, suspensions, or terminations (except in cases arising from the Company’s gross negligence or willful misconduct).
After the termination of the use of the E-Pay service, users remain responsible for fulfilling any obligations and liabilities incurred or accumulated prior to the suspension or termination.
The Company utilizes payment processing services operated by third-party vendors/service providers (hereinafter referred to as “Vendors”) to process and manage card information related to payments and to prevent fraud.
Users' credit card, payment account, or debit card information will be stored by the Vendors and will not be provided to the Company or merchants.
Payment transactions are processed by the Vendors and the user's payment bank. The Company shall not be liable if the Vendor or payment bank refuses to process or accept any payment for any reason. The Company is not responsible for any loss, damage, or liability arising from the unauthorized disclosure of credit card, payment account, or debit card information by the Vendor or payment bank.
If the Vendor or payment bank refuses or reverses any payment transaction, or based on the Company's sole discretion for other reasons, the Company reserves the right to refuse to process any payment transaction.
To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, special, or incidental losses or damages incurred by the user as a result of using or being unable to use the E-Pay service (including but not limited to losses caused by negligence). In any event and subject to applicable legal limitations, the total amount of all claims arising from or related to the user's use of the E-Pay service shall be limited to the amount paid by the user to merchants, participating restaurants, or shops through the E-Pay service.
Specific Purposes — Using Merchant Service Systems or Merchants/Restaurants/Shops
For any merchants or restaurants/shops using any features of the Company's merchant service system (hereinafter referred to as “the System”) or booking, service voucher transactions, promotional offers, face-to-face payment services, and/or recruitment advertisement services provided by the Company through any Channels and/or System functions, such merchants and restaurants/shops confirm that they have read, understood, and accepted the following: (i) these Terms and Conditions; (ii) the Privacy Policy; (iii) the Merchant Service Terms; (iv) the terms of any agreements, quotations, registration forms, and/or service order forms made between the Company and the merchants (collectively referred to as “Service Orders”).
Content License
By posting Materials on the Channels, users unconditionally grant the Company a non-exclusive, global, irrevocable, royalty-free, transferable, and sublicensable copyright, allowing the Company to use the copyright, publication rights, and database rights related to such Materials (excluding other rights). This enables the Company to use, publish, host, display, promote, reproduce, download, translate, submit, distribute, transfer, edit, create derivative works, sell, and reuse the Materials in any form and anywhere, and for the purposes described in the Privacy Policy and herein.
Intellectual Property
All content on the Channels, including but not limited to text, images, information, comments, layouts, databases, photos, sounds, video formats, software, brands, and HTML, is the intellectual property of the Company or the users (as applicable) and is protected by copyright and trademark laws. Downloading, copying, modifying, reproducing, distributing, printing, or transmitting in any way is prohibited. Users may download and/or print such Materials for personal, lawful, and non-commercial use, or as permitted under the service contract entered into with the Company, but beyond this, any use of the aforementioned content is strictly prohibited. The Company reserves all rights related to this matter. Users agree to assume full responsibility for any consequences arising from violations of copyright law and/or other intellectual property laws.
To avoid any doubt, under any circumstances where a third party claims agreement to the content and materials mentioned in the user Terms and Conditions, users shall not be exempt from the restrictions imposed herein.
Users agree that the Company may freely use, disclose, adopt, and modify all ideas, concepts, proposals, suggestions, and other information provided by them through the Channels without any compensation or remuneration to the users. Users hereby waive any rights to claim any remuneration, fees, royalties, commissions, and/or other costs from the Company as a result of the Company’s use, disclosure, adoption, and/or modification of their ideas, concepts, proposals, suggestions, and other information.
Content
Users acknowledge that the Company may not pre-screen or approve any content posted or transmitted through the Channels. Under no circumstances shall the Company be liable for any content on the Channels or transmitted through the Channels, nor for any loss of such content or information, and it does not guarantee the accuracy of any such content or information.
Any Materials posted by users on the Channels may be accessible to users of other websites, media platforms, and/or applications linked to the Channels. The Company is not responsible for any improper or illegal use of data or information published on the Channels by any user, regardless of whether that user accessed third-party websites, media platforms, or applications via the Channels. Links to other websites, media platforms, and applications provided within the Channels are for the user's convenience and serve as navigation tools on the internet; the Company does not control these websites, media platforms, and applications, nor is it responsible for their content or any services provided. Users acknowledge and agree that they assume full responsibility for the accuracy of the Materials, webpages, or other informational content they publish. The Company shall not be liable for the content of any linked websites, media platforms, and applications (whether or not linked to the Channels), nor will it guarantee the accuracy of any content or information from any other websites, media platforms, and applications. Users assume all risks associated with using links to other websites, media platforms, and/or applications.
If the Company believes that a user has violated or may violate any specific terms of the Channels or the terms and conditions of the service contract between the Company and the user, the Company has the right to delete any Materials uploaded or published on the Channels and to expel the user or prohibit their further use of the Channels (including but not limited to terminating membership accounts and blocking the user’s access to internet communications), without any compensation to the user.
If the Company decides to remove any paid advertisements or terminate any paid services (including but not limited to service orders) for reasons not involving a violation of law or the terms and conditions, the Company may refund any remaining balance (if any) to the merchant or advertising client after deducting the costs related to the duration of the advertisement or the services provided.
Users agree that the Company may use the personal data and other information provided by users through the Channels to offer relevant services, marketing activities, or special events, in accordance with the Privacy Policy.
Responsibility
The Company does not monitor the Channels at all times but reserves the right to do so. The Company does not guarantee that any materials, webpages, or applications will be viewed by a specific number of users or any particular user. The Company does not act as an agent for any user and shall not be liable for any direct or indirect damages arising from the use of the Channels or other reasons. While the Company is committed to providing users with high-quality services, it does not guarantee that the operation of the Channels will be error-free, or that the Channels and servers are completely free of viruses or other harmful components.
If users require repairs or replacements of equipment or data due to the use of the Channels or their content, the costs incurred shall be borne by the users. The Channels and their content are provided on an “as is” basis, and no guarantees are made regarding their nature. To the maximum extent permitted by law, the Company makes no warranties regarding the suitability, fitness for a particular purpose, accuracy, reliability, completeness, or timeliness of the content, services, text, images, and links on the Channels.
At Your Own Risk
All users assume the risk of using the Channels and browsing other websites and/or media platforms and/or applications through the Channels. Users are fully responsible for the materials they post on the Channels, and the Company does not guarantee the truthfulness, accuracy, or reliability of these materials, nor does it endorse the views expressed by users. Users assume all risks when relying on advertisements and materials posted by other users. In cases where users violate the terms and conditions or infringe upon the law, the Company reserves the right to exclude that user and prohibit their future access to the Channels and may remove any material that is offensive, illegal, divisive, or inappropriate at its discretion.
Indemnification
All users agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, partners, representatives, shareholders, service personnel, attorneys, and their predecessors, successors, and assigns from any claims, actions, demands, liabilities, losses, and expenses (including full compensation based on legal fees and litigation costs) arising from the user's use of the Channels, any services provided by the Company, or any violations of the terms and conditions. The Company will promptly notify the relevant users of any such claims, lawsuits, or legal proceedings.
Scope of Services
The Company has the right to limit the use of services, including the duration, size, placement, and layout of materials posted on the Channels, mail information, or any content transmitted through the services.
Termination of Services
The Company has the right to delete or disable any account, block any user's mail or IP address, or terminate services to users, or remove materials from the services without notice for any reason (including but not limited to violations of laws, terms and conditions, or any agreements signed between the Company and the user). The Company reserves the right to take the above actions whenever it deems appropriate or necessary, including taking legal action against that user. The Company is not obligated to send any materials posted on the Channels to any users before or after stopping services or deleting materials from the Channels.
Disclaimer
The Company does not control or guarantee the truthfulness and accuracy of any materials published on third-party websites and/or media platforms and/or applications accessed through the Channels.
The Company shall not be liable for any direct or indirect losses that may arise from events beyond its reasonable control (including but not limited to network failures or system defaults).
The Company cannot guarantee that users will be able to use the Channels services without interruption, continuously, and/or securely. Portions or all of the Channels may be inaccessible at certain times due to reasons including but not limited to system failures and interruptions, internet connection issues, and other technical problems beyond the Company’s control, for which the Company is not responsible. The Company reserves the right to take any part or all of the Channels offline for various reasons (including system maintenance or upgrades) without prior notice.
In no event shall the Company, its officers, directors, employees, agents, partners, representatives, shareholders, service personnel, attorneys, and their predecessors and successors be liable for any loss, claim, or damages (including but not limited to direct, indirect, incidental, special, punitive, or consequential damages, business or profit losses) arising from users' use or inability to use the content or services of the Channels (including due to negligence or disputes among the parties).
The Company does not act as an agent for any merchants or advertisers.
Limitation of Liability
Without affecting the above content and in accordance with applicable laws, the total liability of the Company for any claims and costs made by any user arising from the use of the services and/or the Channels is limited to HKD 100.
Security Measures
The Company will make reasonable efforts to ensure that its officers, directors, employees, agents, or contractors handle the personal data submitted by users with care, ensuring that individuals who have access to and process this data do so on a "need to know" and "need to use" basis. The Company will strive to protect personal data from unauthorized access, processing, and deletion. For information on how the Company uses and protects the personal data provided by users through the Channels, please refer to the Privacy Policy.
Severability
Each provision of these Terms and Conditions is independent of the others. If any provision is found to be illegal, invalid, or unenforceable, the validity of the remaining provisions shall not be affected. The illegal, invalid, or unenforceable provision will be replaced by a lawful, valid, and enforceable provision that reflects the original intent as closely as possible.
Conflicts
In the event of a conflict between (i) these Terms and Conditions, (ii) specific terms of use for the platform and/or applications, (iii) the Privacy Policy, and (iv) any service contract entered into between the Company and any user (including service contracts or service orders) and/or specific terms of use for any special events hosted by the Company, the priority shall be given to item (iv), followed by the remaining order of priority as follows: (i) Privacy Policy; (ii) specific terms of use for the platform and/or applications; and (iii) Terms and Conditions, but subject to any express contrary provisions in the aforementioned documents (if any).
Governing Law and Dispute Resolution
Unless otherwise specified, any disputes, disagreements, or claims arising from these Terms and Conditions or the use of the Channels shall be resolved by arbitration in accordance with the current and effective Hong Kong International Arbitration Centre Arbitration Rules, and in accordance with the remaining provisions of these Terms.
The arbitration institution shall be designated as the Hong Kong International Arbitration Centre (hereinafter referred to as the “Arbitration Centre”); or the Company may appoint any arbitration institution it deems appropriate in any country (at its sole and absolute discretion). Users understand and agree that the Company has the final decision-making authority regarding the selection and appointment of the arbitration institution in the event of a dispute with the Company.
The place of arbitration shall be at the Arbitration Centre in Hong Kong; or in any country, as appointed by the Company at its sole and absolute discretion, according to what it considers appropriate. Users understand and agree that the Company has the final decision-making authority regarding the choice of arbitration institution and location in the event of a dispute.
The arbitration shall be conducted by a single arbitrator.
The language used in the arbitration process shall be English.
If either party breaches these Terms and Conditions, the other party shall be entitled to seek appropriate remedies based on common law and equity as determined by the arbitration.
Third-Party Rights
Except as expressly provided in these Terms and Conditions, no third party shall have the right to enforce any provisions of these Terms and Conditions.
Ambiguities
In the event of any ambiguity between the English version and any other language version, the English version shall prevail.
T&C
These terms and conditions apply to the merchant services system provided by Girls In Wonderland 852 Limited and its subsidiaries or affiliates (collectively referred to as "the Company" or "GIW"), including the Ever Young application and website (hereinafter referred to as "the System"), as well as any contracts, quotes, registration forms, or service orders signed by the merchant (hereinafter referred to as "the Service Orders") or any accepted free trial offers. The merchant ("Merchant") will use the various features and related services of the System, and the information uploaded will be published on the Ever Young mobile application and/or mobile network (collectively referred to as "the Application"), as well as on other media platforms provided by the Company (collectively referred to as "the Platforms"), which include websites, applications, and other channels. Information may also be published on third-party platforms authorized by the Company.。
The Company reserves the right to revise the merchant service terms at any time and will publish the revised version across various channels. Once the revised terms are made publicly available on the channels, they will take effect immediately. If the merchant continues to use the channels, it indicates acceptance of the revised merchant service terms.
The Company grants the merchant a non-exclusive, revocable, non-sublicensable, and non-transferable right to use the various functions, software programs, processes, and technologies of the System, as well as the related services and materials provided by the Company, collectively referred to as "Merchant Services."
By using any Merchant Services and/or the functions of the System, the merchant acknowledges and agrees to be bound by the merchant service terms described herein, the terms and conditions, the privacy policy, and any service orders signed between the Company and the merchant (if applicable) (collectively referred to as "the Agreement"). In the event of any conflict between the terms of the aforementioned documents, the following order of precedence shall apply: (i) the terms and conditions of the Service Order; (ii) the Privacy Policy; (iii) the Merchant Service Terms; (iv) the Terms and Conditions.
The Company may provide additional features to the merchant through the System (hereinafter referred to as "Additional Solutions"). The merchant's use of any Additional Solutions will also be subject to this Agreement (specifically the Merchant Service Terms). Furthermore, the Company may require the merchant to agree to specific terms regarding the Additional Solutions to be incorporated into the Agreement.
The merchant and its designated stores have a non-exclusive, revocable, non-sublicensable, and non-transferable right to use the functions of the System and the Merchant Services specified in the Service Orders. The service term begins on the effective date specified in the Service Order and continues until the service term expires or either party terminates in accordance with the relevant provisions of the Service Order or the Merchant Service Terms, whichever comes first (hereinafter referred to as "Service Term"). If the merchant receives a free trial of any functionality of the System without signing any Service Order, the Service Term will be determined solely at the discretion of the Company.
Merchant Services
The Merchant Services provided by the Company are limited to use by the merchant and its participating stores during the Service Term. The merchant agrees and requires that each store (including any staff authorized by the merchant to use the System, hereinafter referred to as "Authorized Users," along with their employees, agents, and contractors, collectively referred to as "Affiliates") comply with the terms of the Agreement. The merchant shall bear full responsibility for any violations of the Agreement by the participating stores or Affiliates.
The merchant agrees that the Company has the right to replace, delete, modify, add, or upgrade all or part of the components of the System at any time without prior notice to the merchant. The merchant shall not have the right to refuse the Company's actions regarding the replacement, deletion, modification, addition, and/or upgrade of the System components under the circumstances
The Company has reasonably notified the merchant that the aforementioned changes may affect the normal operation of the System; furthermore, these replacements, deletions, modifications, additions, and/or upgrades will not result in the loss of the standard features and functions of the Merchant Services as of the service commencement. The Company will make every effort to ensure that its facilities have adequate capacity for participating stores to access and log into the System, and to ensure that channel users can also access and log into the channels.
The Company has the right to conduct scheduled and unscheduled maintenance of the System and Channels at any time at its sole discretion, as well as to store the data collected and maintained by the Company on behalf of the merchant (hereinafter referred to as "the Database").
The merchant must be responsible for providing the internal facility configuration required for its use and that of its participating stores for any Merchant Services and/or the System, including but not limited to terminals, mobile devices, software, modems, internet connections, electronic communication facilities, and hardware (hereinafter referred to as "Usage Facilities").
The Company shall not be liable for any defects or issues arising from the merchant's Usage Facilities, nor shall it be responsible for the maintenance of the merchant's Usage Facilities.
Merchant's Warranties, General Obligations, and Responsibilities
The Merchant warrants and agrees:
(i) It has an independent legal identity and is duly registered and validly existing under the laws of its place of registration, maintaining good standing;(ii) The merchant and its participating stores are properly registered in all jurisdictions where they conduct business and have obtained the necessary licenses under applicable laws and regulations to provide products and services displayed and/or offered to users on the channels;(iii) The merchant has the capacity, authority, and legal rights to execute and fulfill the transactions and obligations stipulated in this Agreement;(iv) The execution of this Agreement does not conflict with any of its corporate documents or charter documents and does not violate any applicable laws;(v) The merchant is not aware of any pending or threatened litigation or investigation that could reasonably be expected to have a significant adverse effect on its ability to perform this Agreement;(vi) Any materials provided to the Company or uploaded through the System by the merchant and its Affiliates, as well as any products or services sold by the merchant and participating stores, will not infringe upon the rights of any third party;(vii) Authorized Users consent to the Company using personal data provided by the merchant, such as names, email addresses, and/or phone numbers, in accordance with the Privacy Policy.If the merchant becomes aware of any action or event that may lead to a breach of any of the warranties or commitments stated above, the merchant must promptly notify the Company. The merchant must maintain and ensure that all Affiliates keep the confidentiality of the username (hereinafter referred to as "the Username") and password (hereinafter referred to as "the Password") used to log into the System.The merchant is fully responsible for any actions and transactions conducted using the Username and the Password. The merchant must promptly inform the Company of any changes regarding the details of the company administrator specified in the Service Orders and related stores, in accordance with the provisions of the Agreement.The merchant and its stores shall fully comply with the Trade Descriptions Ordinance (Chapter 362 of the Laws of Hong Kong) and other applicable laws to ensure that the data/content uploaded to the System is true, legal, valid, up-to-date, accurate, and not misleading, and does not infringe upon the intellectual property rights of any third party.The merchant and its participating stores shall provide and fulfill the terms of their services/products and/or any promotional terms as stipulated in the Agreement, and upload them to the System for publication on the channels. The merchant shall bear full responsibility for the relevant transactions and assume all associated risks.The merchant must not upload or submit any illegal or inappropriate content to the System, including any content prohibited by applicable laws.The merchant agrees that the Company has the right to pre-screen and approve the content of any offers, information, and materials provided before publication on any channel, and to pre-screen, reject, or delete any content that violates the terms and conditions or applicable laws on the System or channels.The merchant shall promptly inform the Company of any faults, errors, and defects in the Company's System. Once the merchant discovers any errors in the System, it must provide the Company with the required output information list and other materials to assist the Company in reproducing such faults, errors, and defects under similar circumstances.The merchant shall maintain internal procedures to assist in reconstructing any lost or altered data files, information, or software. To the maximum extent permitted by law, the merchant agrees that the Company shall not be liable for any loss or damage to data files, information, or computer programs under any circumstances.The Company may provide users' personal data, such as names, email addresses, and/or phone numbers (hereinafter referred to as "Personal Data"), to the merchant (based on the Merchant Services subscribed to by the merchant) in accordance with applicable laws and the terms of this Agreement. This is to enable the merchant and/or stores to process appointment arrangements for users, provide services or products offered by stores through the channels, and contact users for responses. Additionally, the merchant may use this data for internal business operation analysis to improve services to individual users.The merchant and its participating stores must adequately protect all Personal Data collected through the System or by the merchant in accordance with applicable laws at all times, fully complying with the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and similar applicable laws or regulations in the jurisdiction of the merchant or its participating stores. The merchant shall make every effort to ensure that Personal Data is protected against misuse, loss, unauthorized access, alteration, or disclosure, ensuring that only employees of the merchant and participating stores who need to know have access to such Personal Data and that it is kept confidential and used only for the aforementioned purposes.Unless explicit permission is obtained from the individual data subjects, the merchant must ensure that neither it nor its participating stores, Affiliates, or any relevant parties use any Personal Data for direct marketing purposes.The merchant must ensure that all valid business operation licenses and permits for its participating stores are held and updated to comply with applicable laws, and strictly adhere to all applicable laws, regulations, and standards regarding material preparation, hygiene, and safety when preparing, selling, and providing any products.The merchant agrees that the Company may disclose or publish the name, address, and phone number of the merchant and/or participating stores, as well as other relevant non-confidential information provided by the merchant and/or participating stores, for the promotion of Merchant Services.The merchant commits to displaying promotional materials such as display cards, flyers, stickers, etc., provided by the Company at its participating stores to promote Merchant Services.Without the prior written consent of the Company, the merchant shall not sell, assign, subcontract, or attempt to resell or transfer the Merchant Services to any third party.The merchant shall not alter, copy, adjust, distribute, publish, reverse engineer, compile, or attempt to create any derivative code from the source code of the System.The merchant shall pay, indemnify, and hold the Company harmless from all sales taxes, use taxes, consumption taxes, import or export duties, value-added taxes, or similar taxes or tariffs arising from the services provided by the Company to the merchant, as well as any other taxes or tariffs. Any such taxes, fees, and tariffs paid by the merchant under any Service Order entered into with the Company shall not be considered part of the amounts payable by the Company and shall not be deducted or offset.
Merchants Applicable for the Appointment Function in UseThe merchant shall ensure that the number of participants, dates, and times provided through the System are valid and up-to-date. The merchant must honor all appointments made through the channels and accurately report the actual attendance, dates, and times, submitting the relevant information through the System in a timely manner. If any dishonest behavior is detected, such as manipulating attendance records or customer information, the Company reserves the right to immediately suspend any or all Merchant Services and/or terminate the Agreement, without affecting any other rights and remedies available to the Company.The merchant shall not be entitled to request a refund of any fees paid in accordance with the terms of the Service Order and must immediately pay any outstanding balance to terminate the Agreement. If an appointment participant does not fulfill the appointment as scheduled through the channels, the merchant must report the discrepancy through the appointment system within 48 hours of the booking (hereinafter referred to as "the Merchant's Confirmation"). Otherwise, the appointment will be deemed fully performed.Upon receiving the Merchant's Confirmation, the System will automatically notify the relevant participant of the discrepancy. The participant may appeal to the Company via a response email within 48 hours. After receiving the appeal request, the Company will promptly notify the merchant via email. The merchant may review the appeal within 48 hours; if the merchant fails to respond within the designated time, the appeal will be considered successful.After the merchant responds to the booking review request, the Company may conduct an investigation as necessary, and the merchant must provide all reasonable assistance. The Company’s decision regarding the appeal shall be final.Merchants Applicable for Requiring Users to Reserve Appointments with a Credit Card Deposit through the Appointment System ("Deposit Collection Service")In addition to complying with the terms, the merchant must clearly specify the required deposit (hereinafter referred to as "Deposit") for each appointment participant to secure their reservation. Participants must provide their credit card information (hereinafter referred to as "Credit Card"), including the cardholder's name, card number, and expiration date, to ensure successful booking.If a customer is absent or cancels or modifies the appointment after the deadline specified by the merchant (collectively referred to as "Absence"), the Company will charge the Deposit from the Credit Card (hereinafter referred to as "Collecting the Deposit"). The merchant must notify the relevant parties of the Absence via email within 48 hours of the appointment and respond to any review requests within 48 hours; otherwise, the appointment will be deemed fully performed, and the Company will not charge any Deposit.In the case of Absence, if the appointment participant does not appeal, the Company will charge the Deposit from the Credit Card within 7 business days of receiving confirmation of the Absence. After deducting the Deposit handling fee specified in the Agreement, the Company will pay the remaining Deposit balance to the merchant by check or another mutually agreed method before the end of the following month.The Company shall not be liable for any costs, losses, claims, damages, demands, or lawsuits arising from the collection or failure to collect the Deposit from the appointment participant, or for any direct or indirect harm caused by any third party.Merchants Applicable for Using the Voucher Transaction FunctionThe voucher transaction service function allows merchants to sell vouchers (hereinafter referred to as "Vouchers") to channel users and users on third-party platforms (if applicable) and to accept payments via credit cards, debit cards, and other payment methods (hereinafter referred to as "Payments") through payment processing services operated by suppliers on the channels and third-party platforms (if applicable). Vouchers enable holders to redeem services and/or products at participating stores designated by the merchant according to the terms of the Vouchers through the application or authorized third-party platforms.The merchant shall ensure that the terms and conditions of use for the Vouchers provided through the System (hereinafter referred to as "Voucher Terms"), including but not limited to sales price, discounted price, usage terms, validity period, and detailed descriptions of the services and/or products to be redeemed, are true, valid, up-to-date, accurate, and not misleading. The merchant or participating stores must provide services and/or products to holders according to the terms outlined on the Vouchers. The merchant agrees to fully indemnify and hold harmless Girls in Wonderland 852 Limited, the Ever Young application, and its officers, directors, employees, agents, partners, representatives, shareholders, and employees from any claims, lawsuits, demands, liabilities, losses, damages, costs, and expenses arising from the merchant's breach of the terms.Voucher information submitted and created by the merchant in the System must be approved by the Company before being displayed on the channels or third-party platforms. All Payments are processed by the supplier and the relevant payment banks of the users who purchased the Vouchers. The Company shall not be liable if the supplier or payment bank refuses to process or accept any Payment for any reason.The merchant and/or redemption points shall be solely responsible for providing services and/or products to Voucher holders in accordance with the Voucher Terms and the provisions of this Agreement, and for handling any claims or issues arising from the use of the Vouchers.When the agreement for the voucher transaction service is terminated (hereinafter referred to as "Termination"), the rights and obligations regarding Vouchers paid for prior to the Termination shall remain in effect for the merchant, redemption points, the Company, and the buyers until all parties have fulfilled their respective obligations.Merchants Applicable for Using the Online Appointment FunctionParticipating merchants must accurately set up appointment ticket types through the System and honor all online appointments made through any channels or connected to the System. In the event of any disputes arising between channel users and participating merchants regarding the use of any appointment arrangements, the participating merchants must resolve the dispute directly and amicably with the user. For the avoidance of doubt, the Company will not participate in resolving any such disputes.Merchants Applicable for Using the Appointment SystemAny hardware required for the appointment system (hereinafter referred to as "Hardware"), as well as its installation and maintenance, will be provided and handled by a third-party service provider of the independent merchant (hereinafter referred to as "Service Provider"). Therefore, the merchant must enter into a separate agreement with the Service Provider and assume the associated risks and costs.Under no circumstances shall the Company be liable for any loss, cost, damage, claim, demand, or action (including direct or indirect, special, economic, or consequential losses, or loss of revenue, profit, goodwill, bargaining power, opportunities, data loss or damage, or loss of anticipated savings) arising from the performance of any services provided by the merchant, participating merchants, or the Service Provider due to Hardware failure.For merchants using any payment processing services provided by the Company or any face-to-face payment functions or online payment features, by accessing or using the face-to-face payment function or online payment function of the System, the merchant confirms that it has read, understood, and accepted the "Merchant Service Terms" (especially the Payment Service Terms, as may be amended from time to time by the Company) and agrees to be bound by them.The merchant also confirms that by accessing or using the face-to-face payment (integrator) function or online payment (integrator) function of the System, it has read, understood, and accepted the "Merchant Service Terms" (especially the Payment (Integrator) Service Terms, as may be amended from time to time by the Company) and agrees to be bound by them.For payments processed through any channels, the merchant agrees and confirms that:- The Company uses third-party payment processing service providers (hereinafter referred to as "Payment Providers") to handle payments and manage the information of debit cards, credit cards, and any e-wallets. Users' credit card, debit card, or e-wallet information will be stored with the Payment Providers and will not be provided to the Company, the merchant, or participating stores;- The Company reserves the following rights: (i) to suspend, restrict, or terminate the merchant's right to use any payment processing services through the System/channels, including but not limited to Deposit Collection Services, Voucher Transaction Services, or Payment Services; (ii) to refuse to process any payment; (iii) to revoke any payment processed through the System/channels; (iv) to retain any payments processed through the System and/or channels; and (v) to contact relevant users to verify any payment processing transactions. Where circumstances permit, the Company may provide prior notice to the merchant; however, in cases of security threats, suspicious transactions, or illegal activities, no prior notice will be given;- The merchant shall bear all costs and losses arising from any unauthorized payments that are initiated by the merchant and/or participating stores or processed through the System.When the Company requests an investigation into any suspicious transactions or unauthorized payments, or if relevant users raise any disputes regarding payments, the merchant must comply with the following requirements:- The merchant shall provide transaction evidence (hereinafter referred to as "Transaction Evidence") to the Company within three business days of the Company's request, including but not limited to product names and prices related to the payment, as well as proof that the products were correctly delivered or presented to the relevant users, along with receipts/records of the transactions;- If the Company does not receive sufficient Transaction Evidence, or if it deems the Transaction Evidence inadequate, or if the merchant accepts any refunds, or if the arbitration or pre-arbitration results are unfavorable to the merchant, the disputed amount will be deducted from the settlement amount in the next settlement period (as defined in the Service Order); or the merchant must immediately pay the Company an amount equivalent to the settlement of the disputed transaction.Merchants Applicable for Using the Job Posting Function ("Job Posting Service")Merchants may only upload or post job advertisements for their own business or the business of participating stores, or provide information to the Company for the creation of job advertisements. Each job advertisement is limited to one position. Job advertisements posted on the channels are collectively referred to as "Job Advertisements."Merchants shall guarantee and ensure that:1. Their Job Advertisements fully comply with all applicable laws and regulations, including but not limited to the Personal Data (Privacy) Ordinance, Employment Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, Sex Discrimination Ordinance, and Race Discrimination Ordinance;2. All information contained in the Job Advertisements is true, complete, non-misleading, and accurate;3. The Job Advertisements are solely for promoting genuine job vacancies;4. Any standards and requirements stated in the Job Advertisements are related to skills, knowledge, qualifications, and work experience, and are non-discriminatory;5. All information or data obtained during the use of the Job Posting Service, or through this service, may only be used for recruitment and assessing whether the users responding to their Job Advertisements are suitable (hereinafter referred to as "Job Seekers");6. No responses shall be made to any Job Seekers other than those related to job applications.If the merchant violates any terms of the Merchant Service Terms, the Company has the right to terminate the Job Posting Service and may, at its discretion, delete or modify the Job Advertisements posted on the channels without compensation or recourse to the merchant, and without prior notice.Job Advertisements will be posted on the channels for the duration specified in the relevant Service Order, except for free trial invitations (the duration of which is determined by the Company) or unless the Company deletes, suspends, or terminates the Job Advertisements in accordance with any provisions of this Agreement.The merchant agrees that the Company:- Shall not be responsible for the content of any Job Advertisements or any information provided by users;- Does not guarantee the transmission of Job Advertisements or the receipt of any information provided in Job Advertisements;- Shall not be liable for any communication or disputes between the merchant and Job Seekers;- Does not verify the identity of any Job Seekers responding to Job Advertisements;- Does not guarantee the qualifications of Job Seekers or their interest in any Job Advertisements.The merchant agrees that the Company may send Job Advertisements on behalf of the merchant to any users and may notify Job Seekers that their applications have been reviewed by the merchant.The merchant agrees that the Company has the right, after the end of any free trial period (if applicable), to provide written notice to the merchant in advance to charge for the Job Posting Service and/or modification fees.Merchants Applicable for Using the Mobile Appointment Function ("Mobile Appointment Service")The appointment function provided by this system allows merchants contracted with the Company to list and sell services and products on the channels, receiving mobile appointment orders (hereinafter referred to as "Appointment Orders") submitted by channel users and/or users on authorized third-party platforms (if applicable) (hereinafter referred to as "Purchasers"), and to collect relevant payments (hereinafter referred to as "Relevant Payments") from Purchasers through the channels.The merchant agrees to comply with the usage guidelines for the Mobile Appointment Service provided by the Company. By using the Mobile Appointment Service, the merchant agrees to be bound by the Merchant Service Terms, and any processing of Relevant Payments shall be governed by the applicable terms of the Payment Service Terms.If the Payment Provider or any payment processing method of the merchant refuses or fails to process the Relevant Payments for any reason, the Company shall not be liable.If any disputes arise from the services or products provided by the merchant and/or participating stores, and such disputes result from a breach of any terms of this Agreement by the merchant and/or participating stores, the merchant shall bear all costs and losses arising from that dispute.At the request of the Company to investigate any suspicious transactions or disputes or complaints raised by Purchasers, the merchant must submit relevant data and documents (hereinafter referred to as "Evidence") related to the fulfilled Mobile Appointment Orders within three business days from the date of the Company's request. If the Company does not receive the Evidence by the deadline, or if it deems the Evidence insufficient, the Company reserves the right to withhold the relevant settlement amount (as defined in the Service Order) or, where appropriate, to deduct the amount related to the transactions from the settlement amount in the next settlement period to compensate the relevant Purchasers; or, upon the Company's request, the merchant must pay the Company an amount equivalent to the settlement amount of the disputed transaction.When the agreement between the Company and the merchant for the use of the Self-Service Appointment Service is terminated (hereinafter referred to as "Termination"), the merchant, relevant participating stores, the Company, and Purchasers must fulfill their rights and obligations for services and products paid for prior to the Termination, until all parties have completely fulfilled their responsibilities.In addition to fulfilling the obligations described in the Service Order to the Purchasers, the merchant must also ensure that:(a) The sales terms for the services and products provided or sold are no less favorable than the best terms offered by the merchant through other channels; and(b) The quality and quantity of each service and product provided to the Purchasers must be the same as that offered by the merchant and relevant participating stores to other customers.If the merchant fails to comply with the above terms, the merchant must immediately refund the affected Purchasers the appropriate amounts as compensation.The merchant shall bear full responsibility for the fulfillment, non-fulfillment, or any other misconduct related to any Appointment Orders.Force Majeure"Force Majeure Event" refers to natural disasters, wars, terrorist attacks, riots, civil disturbances, strikes, and other labor disputes (including labor disputes affecting the Company) as well as other circumstances beyond the Company's control.Under no circumstances shall the Company be liable for any delays or failures to perform any terms of the Merchant Services due to a Force Majeure Event. If a Force Majeure Event causes the Company to delay or fail to fulfill its obligations, the Company will suspend the performance of its obligations.Intellectual PropertyThe intellectual property in the System and channels (hereinafter referred to as "Company Intellectual Property") includes, but is not limited to:- Any materials used to develop or operate the System and channels (including but not limited to the Company's software, files, templates, data, designs, graphic elements, formats, and computer graphical interfaces); and- The user interface of the System and channels, all rights of which are owned by the Company and/or its holding companies.Without violating the above conditions, the intellectual property in the data, logos, designs, graphic elements, and/or other related materials provided by the merchant and/or participating stores (hereinafter referred to as "Merchant Information") shall be owned by the merchant.The merchant undertakes not to directly or indirectly infringe, or allow its affiliates to infringe, the Company's intellectual property under any circumstances.Without violating this provision, the merchant further guarantees and commits that all Merchant Information provided to the Company for use in the System and channels will not infringe any third-party intellectual property or other rights (including but not limited to any registered or unregistered trademarks, patents, copyrights, or designs).ConfidentialityThe merchant, the Company, and their respective affiliates shall keep confidential all confidential information and data of the other party and shall not use such confidential information. Confidential information includes, but is not limited to, Service Orders and information related to the System, development information, technical information, product information, sales information, marketing information, promotional information, operational information, performance information, cost information, policy information, financial information, business information, process information, and other proprietary information, trade secrets, proprietary technology, and customer data of clients and other parties (hereinafter referred to as "Confidential Information"). Each party shall ensure that its managers, employees, agents, and contractors use the Confidential Information solely to fulfill their obligations under the Agreement.If one party discloses the other party's Confidential Information due to compliance with any applicable laws, court orders, government departments, or regulatory authorities with jurisdiction, or due to any transactions conducted by other relevant financial institutions in connection with the execution of the Agreement, such disclosure shall not be deemed a violation of these provisions.Notwithstanding the above, the Company may disclose the other party's Confidential Information to its affiliates, lawyers, auditors, insurance companies, or accountants who need to know such information, provided that it shall ensure that these individuals also fulfill confidentiality obligations.Content LicenseThe merchant grants the Company a non-exclusive, global, royalty-free right and license to use, publish, host, display, adapt, modify, promote, reproduce, download, distribute, forward, disseminate, transfer, and/or provide editorial materials and content to the Company. Additionally, the merchant and participating stores or affiliates may upload the necessary materials and content to the System for the Company to fulfill its obligations under this Agreement, including but not limited to marketing, promotion, redistribution, and using such information for analysis in any media that the Company deems appropriate.Company's LiabilityNotwithstanding any contrary statements in the Agreement, liability for death or personal injury resulting from negligence or fraud cannot be excluded.Subject to the above, the Company shall not be liable for any loss, damage, claim, demand, or action (including but not limited to direct or indirect, special, economic, and incidental losses, loss of revenue, profit loss, loss of goodwill, loss of bargaining power, opportunity loss, data loss, and loss of anticipated savings) that the merchant or its affiliates may suffer, whether arising from breach of contract, tort (including but not limited to negligence), or based on any regulations, regardless of whether the Company was aware of the possibility of such loss, damage, claim, demand, or action.Even in conflict with any terms in the Agreement, to the fullest extent permitted by law, the Company's total liability arising out of or in connection with the Agreement, the Merchant Services, the performance of the Agreement, or any activities intended to be conducted under the Agreement shall not exceed the fees paid by the merchant to the Company in that year, regardless of whether such liability arises from breach of the Agreement, tort, or any other regulations.The merchant acknowledges that it will not rely on any statements made by the Company that are not expressly stated in the Agreement, nor on any descriptions, representations, or specifications in any documents, including but not limited to the Company's catalogs and promotional materials.To the fullest extent permitted by law, the Company shall not be liable for any loss, claim, damage, demand, or action arising directly or indirectly from any user/customer's access to or failure to access participating stores; nor shall it be liable for any services and/or products provided by the merchant and/or participating stores accessed through the channels. The Company has no obligation to involve itself in any disputes between participating stores and any third parties arising from the use of merchant services or any disputes arising from goods sold or services or coupons provided by the merchant and/or participating stores.IndemnificationThe merchant shall indemnify the Company and its directors, employees, agents, and contractors for any losses (including legal fees and expenses), damages, settlements, claims, or liabilities incurred or suffered as a result of the following:1. The merchant's breach of any obligation under the Agreement;2. Any intentional, illegal, negligent, or careless conduct by the merchant or its affiliates;3. Any false or misleading statements, representations, or warranties made by the merchant under the Agreement;4. Any negligent or intentional misconduct by the merchant or its affiliates;5. Any lawsuits, complaints, liabilities, or claims, including personal injury, illness, death, or property damage claims: - (i) Arising from any promotions, coupons, appointment services, and/or face-to-face payment services provided by the merchant and/or participating stores through the channels, or resulting from any third party's consumption of services or products at participating stores; - (ii) Any lawsuits or claims made by third parties regarding related information caused by the merchant or its affiliates, including but not limited to data breaches, intellectual property infringements, defamation, or misappropriation of trade secrets.DisclaimerThe merchant acknowledges that the Merchant Services are provided through a computer network and may experience interruptions and delays. Therefore, the Company does not guarantee that its Merchant Services, System, and channels will be uninterrupted or error-free.The Company shall not be liable for any issues affecting or rendering the Merchant Services unusable due to network problems, system or hardware failures, mobile connectivity issues, or disruptions caused by third-party applications or systems and hardware.The System and channels, including all content, software, features, and components related to the Merchant Services, are provided "as is" (subject to any substitutions, deletions, modifications, enhancements, and upgrades made by the Company from time to time), without any form of warranty. To the fullest extent permitted by law, the Company disclaims all warranties, including any implied warranties of merchantability, non-infringement of third-party rights, suitability for a particular purpose, or any warranties regarding the accuracy, reliability, completeness, or timeliness of the System and channels.The merchant agrees to assume all risks regarding the quality and performance of the Merchant Services. Under no circumstances shall the Company be liable to the merchant, participating stores, or users for any inability to use the System or channels.TerminationWithout prejudice to any other rights that the Company may have under the Agreement, law, or otherwise, the Company has the right to terminate this Agreement under the following circumstances:1. For any reason, by providing the merchant with two months' advance written notice of termination; or2. If the merchant breaches any terms and conditions of the Agreement, and such breach is capable of remedy, but the merchant fails to rectify the breach within fourteen days after receiving written notice from the Company, the Company may immediately terminate the Agreement by providing written notice to the merchant.SeverabilityIf any provision or term of the Agreement is found to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of the Agreement shall not be affected and shall be replaced by one or more lawful, valid, and enforceable provisions under current law.Governing Law and Dispute ResolutionUnless otherwise specified, these terms and any disputes arising from the use of the channels shall be interpreted and governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter referred to as "Hong Kong").Any disputes, disagreements, or claims arising from the relevant terms (including validity, invalidity, breach of agreement, or termination) shall be resolved through arbitration in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre. The appointing authority shall be the Hong Kong International Arbitration Centre (hereinafter referred to as "the Arbitration Centre"); alternatively, the Company may appoint any organization it deems suitable as the appointing authority at its sole and absolute discretion in any country. Any user understands and agrees that, in the event of a dispute with the Company, the Company has the final decision-making authority regarding the choice and appointment of the appointing authority.The place of arbitration shall be at the Arbitration Centre in Hong Kong; or the Company may appoint any arbitration institution it deems suitable in any country at its sole and absolute discretion. Any user understands and agrees that, in the event of a dispute with the Company, the Company has the final decision-making authority regarding the choice of arbitration institution and location.The arbitration shall be conducted by a single arbitrator.The language used in the arbitration process shall be English.If either party breaches these Merchant Service Terms, the other party has the right to seek remedies based on common law and equity as determined by the arbitration.Third-Party RightsExcept as expressly provided herein, no person other than those named in the Service Order shall have the right to enforce any terms of this document. AmbiguityIn the event of any ambiguity between the English version and versions in other languages, the English version shall prevail.
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