“Junks.hk”, “Us” and “We” refer to 86it Limited.
“Site” means the Junks.hk website and all the services connected within
“Partner” means the third party suppliers of services on the Junks.hk site including, but not limited to: venues, pleasure boats, restaurants, caterers, beverage distributors, transportation providers, service providers, or others
“Terms of Service” means all of the terms, conditions, and/or notices set forth in this document.
“You” and “Users” means the individual purchasing services using this Site
Through the Site, Junks.hk provides an online platform through which you can browse different types of party venues, including but not necessarily limited to pleasure boats, trams, rooftops, lounges, galleries, warehouse space etc. and add-on products and services, whose core industries include but are not necessarily limited to restaurants, caterers, food factories, beverage distributors, bars, transport providers, watersport providers, service providers etc. (collectively known as Partners), and make reservations with such Partners. By making a booking through the Site, you make an offer to book these services at the price listed for such booking and such other Terms of Service stated on the Site, which shall become a binding contract when accepted by Junks.hk, which in turn means the booking has been confirmed by the Partners. We will indicate the acceptance of your booking via an e-mail confirmation. We reserve the right to reject bookings as set out below.
When rendering our services, the information that we disclose about Partners is based on the information provided to us by our Partners (including but not necessarily limited to the Partners, their representatives, distributors, subsidiaries, etc.). As such, the Partners or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Partner remains responsible at all times for the accuracy, completeness and correctness of their information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, Junks.hk will use its commercially reasonable efforts to assist you and serve as a point of contact with the Partner. Please note that Junks.hk is one of many channels our Partners use to make their inventory available for booking. When a search result indicates that a particular Partner is not available, that means it is not available for booking through Junks.hk.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Partner listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Partner listed on the Site. The Partner can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time.
We reserve the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to: Partner request, breach of the Terms of Service, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, etc. In case a booking is rejected or cancelled by Junks.hk and a payment has already been made, your booking will be refunded in accordance to our refund policy stated below. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user.
In rare cases, we may also have to cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a booking for this reason is the sole discretion of Junks.hk.
Through use of this site you agree to targeted marketing sent from Junks.hk. If you wish to unsubscribe, please contact us.
Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Service. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Junks.hk.
Junks.hk, at its sole discretion, may terminate Your password, account(s) and/or Your right to use the Site at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due, or if Junks.hk believes that You have violated or acted inconsistently with the Terms of Service herein contained or against the spirit of these Terms of Service.
Junks.hk reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Site (or any part thereof); or (b) the whole or any portion of this Site (and the services provided therein), with or without notice. Junks.hk shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.
Junks.hk will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by users and Partners and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. Junks.hk will use its reasonable endeavors to protect Users’ personal data against any unauthorized or accidental access, or processing of the personal data.
Bookings are issued subject to the Rules and Regulations of our Partners. Full details are available from our Partners on request. You must comply with all relevant statutes, safety announcements and regulations regarding the use of the products and services purchased as part of your booking.
In cases where a booking is cancelled, or does not take place for any other reason, You will receive a refund via Junks.hk on behalf of the indivdual Partner. The amount refunded will be determined by the terms of service of the individual Partner who will review the situation on a case-by-case basis less a refund handling fee and the non-refundable booking fee at time of purchase. The decision on whether or not to refund any of the booking price will be at the individual Partners’ sole discretion.
The Site may contain links to third-party websites. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by Junks.hk of the contents on such third-party websites. Unless otherwise stated on the Site, Junks.hk has no control over or rights in such third-party websites and is not responsible for their availability or security. If users access any linked third-party websites, they do so entirely at their own risk. Junks.hk shall not be responsible for the contents of any third-party websites linked to the Site or any links contained in such third-party websites or any changes or updates thereto, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. Junks.hk shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services or contents of such third-party websites. Further, any data or material posted on the Site by any user may be viewed by users of other websites linked to the Site and Junks.hk shall not be responsible for any improper use by any user or third-party other than Junks.hk of any data or materials posted on the Site.
The Copyright, trade marks and all other intellectual property rights in the material contained in the Site, belong to Junks.hk and may not be used in any manner without written consent from Junks.hk.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JUNKS.HK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. JUNKS.HK MAKES NO WARRANTY THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SITE, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. JUNKS.HK IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER GUEST, Partner OR THIRD PARTY BEFORE, DURING AND/OR AFTER A BOOKING; AND JUNKS.HK WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT JUNKS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER GUEST AND Partners) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER GUESTS AND Partners) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, You may report the misconduct of users, Buyers, other guests, Partners and/or third parties in connection with the Site to Junk.hk. Junks.hk, at its sole discretion, may investigate the claim and take necessary action.
JUNKS.HK SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JUNKS.HK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF HK$0.01 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SITE, OR (IV) ANY MATTERS BEYOND JUNKS.HK’s REASONABLE CONTROL. JUNKS.HK SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SITE. IN ADDITION, JUNKS.HK IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SITE, AND JUNKS.HK HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SITE, YOU HEREBY AGREE TO RELEASE JUNKS.HK, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER Partners, EMPLOYEES AND INTERNS FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER USERS, BUYERS, Partners, AND OTHER THIRD PARTIES) IN CONNECTION WITH THE SITE,
The Terms of Service and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).
Any dispute, controversy or claim arising out of or relating to the Terms of Service including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
In the event of any breach of the Terms of Service by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration. Junks.hk cannot be held liable in case a Partner refuses service for legal or regulatory reasons.
Without prejudice to the provisions of these Terms of Service limiting or disclaiming liability, Junks.hk is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.
The Terms of Service shall constitute the entire agreement between user and Junks.hk relating to the user’s use of the Site, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.
The provisions of the Terms of Service shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or any part of a provision of the Terms of Service is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms of Service shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms of Service one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
Junks.hk does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Partners advertising on the Site. Partners are liable and responsible for providing services to people who have booked through Junks.hk as they would their own guests.
For the avoidance of doubt, the Terms of Service do not apply to commercial contractual relationships Junks.hk may have with others, including but not limited to its Partners and advertisers.
Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend the Terms of Service at any time by posting a variation on the Site. The latest version of the Terms of Service will supersede all previous versions.