These Terms and Conditions govern the use of Airyclub (the “Site”) by all visitors to the Site. As such, these Terms and Conditions constitute a binding agreement between you, as a user of the Site (“you” or “user”), and ZCHK LIMITED and/or its affiliated entities (collectively referred to as “Airyclub,” “us,” “we,” or “our”) ("Airyclub", the "Site"). By using the Site, you agree at all times during your use to abide by these Terms and Conditions and any additions or amendments. Therefore, we ask that you please read these Terms and Conditions carefully prior to enjoying the Site. Please know that these Terms and Conditions do not create a confidential relationship between you and us.
If you reside in a country within the European Union, these terms are an agreement between you and Airyclub. Under this agreement, goods and/or services will be delivered via Airyclub, depending on the type of payment method used for the purchase of the goods and/or services. If you reside in any other country these terms are an agreement between you and Airyclub, and goods and/or services will be delivered by Airyclub directly.
Airyclub and the services provided to you on and via Airyclub are provided on an "AS IS" basis. You agree that Airyclub reserves the right to modify or discontinue provision of Airyclub and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Airyclub will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
Airyclub will be the first point of contact in respect of dispute management, refunds, cancellations, returns and customer support as they relate to your use of the Airyclub platform.
In order to use Airyclub or certain parts of it, you may be required to register for a user account on Airyclub; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms and Conditions, including any amendments made by Airyclub that are published herein.
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Airyclub of any unauthorized use of your user account, user name or password.
We want you to be completely satisfied with your purchase on Airyclub and our app. We're committed to providing customers with the most delightful shopping experience possibly. We're always available and happy to help with any questions. If you need to request a refund, please contact our team within 30 days of delivery or the latest estimated delivery date. For more information on our return policy, please visit www.airyclub.com/da/return-policy.html
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that Airyclub may expose you to content that may be objectionable or offensive. Airyclub will not be responsible to you in any way for content displayed on Airyclub, nor for any error or omission.
By using Airyclub or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of Airyclub or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use content or a service of Airyclub in a commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use Airyclub to promote or operate any service or content without Airyclub's prior written consent;
(e) you will not provide any content that may give rise to Airyclub being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
Airyclub welcomes your feedback, but if you send us or post or embed on the Website, App or via any part of the Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (a “Submission”), you represent and warrant to Airyclub that you either own the Submission or have the right to grant Airyclub the license set out below.
(a) you agree to grant Airyclub a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Airyclub the license specified in this section 7;
(c) you acknowledge and agree that Airyclub will have the right (but not obligation), at Airyclub's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
Airyclub shall have the right to terminate your use of the Website, App and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Airyclub shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Airyclub terminates your use rights, Airyclub shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
The Website, App and Service may contain links to third—party websites not under our control or operation. Airyclub or users may provide any such links only as a convenience; Airyclub does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App may contain news, advertisements, content, image and information published by various third—party providers. Use of any such third—party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content standards from time to time.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.
While Airyclub strives to provide accurate product and pricing information, pricing or typographical errors may occur. Airyclub cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Airyclub shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Airyclub may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing of products sold by Airyclub is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the site, other than on the individual product page, may not be the most current. Areas of the site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Airyclub, excluding shipping.
You agree to indemnify and hold harmless Airyclub and Airyclub's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-Branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with Airyclub or service, your provision of content, your violation of these Terms and Conditions, or any other violation by you of the rights of another person or party.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF AIRYCLUB AND (HK) LIMITED OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND AIRYCLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AIRYCLUB MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER AIRYCLUB NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA AIRYCLUB MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT AIRYCLUB WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
YOU UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIRYCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
Airyclub reserves all of Airyclub's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Airyclub may have in respect of Airyclub, its content, and goods and services that may be provided. The use of Airyclub's rights and property requires Airyclub's prior written consent. By making services available to you, Airyclub is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of Airyclub or provided services without Airyclub's prior written consent.
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to Hong Kong International Arbitration Center (the “HKIAC”) for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
(i) In the event that any provision of these Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms and Conditions will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of Airyclub or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) These Terms are governed by the laws of the HK. For residents in this jurisdiction, any dispute between the merchant and the cardholder in relation to this contract will be heard by the courts of the HK; (v) Airyclub may assign Airyclub's rights and obligations under these Terms and Conditions; in this event, Airyclub will be relieved of any further obligation.