Terms & Conditions

Welcome to the proofhk.com website. Use of and access to the services provided by Delphic Limited (the company, we or us), as well as the website, is subject to your compliance with these terms of use. Please read these terms of use carefully before using our website and services (collectively referred to as the services).

We reserve the right to limit or terminate your access to our services if we determine in our sole discretion that you have failed to comply with these terms of use. Please also read our privacy policy before accessing our services, which can be located here

Acceptance of terms

You accept these terms and our privacy policy by accessing or using the website or our services in any manner, even if you do not create an account with us. These terms may be updated from time to time. We will notify you of any significant updates to these terms at our sole discretion. Your continued use of our services signifies your acceptance of any changes. These terms will always be available on this page for you to read. If you do not agree with these terms, you are not permitted to register an account, sign in as a guest, make purchases, or otherwise access or use the website or our services in any manner. By accessing and using the website in any way, you are representing that you are at least 18 years of age or visiting the website under the supervision of a parent or guardian.

Age restriction

You must be at least 18 years old in order to access or use the website in any manner. We prohibit registration by any individual under the age of 18 years old. This website is not directed at children under the age of 13 and we will not knowingly collect personally identifiable information from anyone under 13. If you are a parent or guardian and believe that a child under the age of 13 has used, accessed, or provided personally identifiable information to the website, please contact us via eat@proofhk.com.

Use of website

Subject to the terms and conditions of this agreement, you are permitted to access and use this website by displaying it on your Internet browser for your own information and for the purpose of shopping for items for personal use on our online store. You may not use this website for any commercial use or on behalf of any third party, and you agree not to copy, display, publish, distribute, broadcast, or distribute any portion of the website.

While we do our best to make your experience with the website and our services a pleasurable one, we cannot always foresee or anticipate difficulties, technical or otherwise. These difficulties may result in loss of data, personalisation settings, or other service interruptions. For this reason, you agree that our services are provided “AS IS.” We and any third party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery, or failure to store any user data, communications, or personalisation settings. In addition, you acknowledge and agree that we obtain our data from third-party sources, which may or may not be completely thorough and accurate and as such you cannot rely on its accuracy or completeness.

We reserve the right to change or discontinue, temporarily or permanently, the website or the services at any time without notice. You agree that we are not liable to you or any third party for any modification, interruption or discontinuation of the service.

Account

By using the website or services or creating an account with us, you agree to provide true and correct information to the best of your ability whenever prompted by the service to provide information or when otherwise requested by us. You further agree that you will not knowingly omit or misrepresent any material facts or information and that you will revise any incorrect or outdated information by updating your account information or otherwise providing notice to us.

You agree that your account will be for your exclusive personal use and that you will not allow any other person to use your account under any circumstances. You understand that it is your sole responsibility to maintain the confidentiality of your account ID and password and that we are not responsible for any damage, loss, or liability incurred as a result of your failure to do so. You also understand that you are solely responsible for any activity occurring through your account, including any charges made to your account. You agree to immediately notify us if there has been any unauthorised activity on your account or if you suspect that there has been a breach in security of your account.

You represent and warrant that you will not use the website for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, invasive or another’s privacy, abusive, threatening, or obscene, or illegal, or infringes the copyrights (right of an owner of written material) or other intellectual property of others. We reserve the right to terminate your account at any time if you violate these terms of use or our privacy policy, or for any other reason as determined by us in our sole discretion.

Purchase of products

We offer certain products for sale on the website (products). All prices displayed on the website are quoted in Hong Kong dollars and are valid and effective only in the Hong Kong SAR. We reserve the right without prior notice to discontinue or change specifications on products and services offered on the website without incurring any obligations.

In order to purchase our products, you will be required to enter in a valid credit card. By providing a credit card associated with an account or when checking out as a guest, you are authorising the company to charge your credit card for all costs, delivery fees, and other expenses associated with your purchase.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the account, the same credit card, and orders that use the same billing or delivery address. If we make a change to or cancel an order, we will attempt to notify you by contacting you through the email, phone number, or address provided at the time of purchase.

You understand and agree that you are prohibited from reselling or redistributing any of our products in any manner. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.

Delivery and return policy

We do not provide refunds or returns on any of our food products or merchandise. If you receive a damaged or spoiled product, you should contact us immediately. We will replace damaged or spoiled products in our sole discretion. We cannot replace any products that are lost, damaged, or mishandled after a confirmed collection or delivery.

We may use a third party carrier to ship certain items available for purchase on the website. We are not responsible for any losses relating to the actions or inactions of any third party carriers.

Termination

We may at any time, and without prior notice to you, revoke your access and use of the website, or any other right granted to you under these terms. Upon notification from us, you agree to immediately cease all access or use of the website. We reserve the right to revoke all passwords and account identification in order to deny your access or use of the website, in whole or in part.

Intellectual property

All information, products, services, graphics, icons, images, articles, software and other materials, and the display, design, arrangement, and assembly of those materials (collectively content) appearing on the website are our exclusive property. The content is protected by Hong Kong and international copyright laws. The publication, sale, or redistribution in any form or medium of the content is strictly prohibited without our prior written permission. Content that is publicly available on the website may not be stored in a computer, except for personal and noncommercial use.

All trade marks, logos, trade dress, and service marks (collectively trade marks) displayed on the website are our exclusive property. The use of our trade marks without express written authorisation is strictly prohibited. You may not use, display, or publish our trade marks for commercial purposes, in any way that would cause confusion among consumers, or in any manner that would disparage, discredit, or otherwise harm our reputation.

Privacy policy

We respect your privacy. Our privacy policy can be found at here. By using the website and our service, you are consenting to the terms of our privacy policy.

Warranty disclaimer and limitation of liability

EXCEPT AS OTHERWISE EXPLICITLY STATED IN THE TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THE WEBSITE, THE PRODUCTS OFFERED FOR SALE AND THE TRANSACTIONS CONDUCTED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD ON THIS WEBSITE, EXCEPT AS EXPRESSLY STATED OTHERWISE. WE DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION ON THE WEBSITE. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS ON THE WEBSITE. WE CANNOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, OR USED BY OTHERS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICE.

Links to third party websites

This website may contain links to third-party websites which are not under our control. We are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party site.

Release and indemnification

You agree to forever release, indemnify, defend, and hold harmless the company, its directors, affiliates, officers, subsidiaries, employees, agents, licensors, legal advisers, independent contractors, and providers from and against any and all claim, loss, expense, or demand of liability, including legal fees and costs, arising out of your use or inability to use the services. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise object to your indemnification. You agree not to settle any claim or matter without our prior written consent.

Modification to terms of use

We may change, modify, update, add or remove portions of these terms of use at any time. Please review these terms of use periodically for changes. Your continued use of the services following the posting of any changes will signify your acceptance of those changes.

Miscellaneous

These terms of use are the entire agreement between us regarding this subject matter, and govern your use of the website. By accessing the website, you agree that the laws of the Hong Kong SAR, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this website and use of the services.

Our failure to exercise or enforce any right or provision of these terms of use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these terms of use to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. The section titles in these terms of use are for convenience only and have no legal or contractual effect.

Please direct all communications to

Delphic Limited trading as Proof
GF, 14 Tsun Yuen Street
Happy Valley
Hong Kong
eat@proofhk.com