Terms of Use
Effective Date: 1 October 2022
1. APPLICABILITY AND ACCEPTANCE OF TERMS
1.1 This Website is operated by Akki Bike Park Limited. References to “we”, “our”, “this website” or “us” in the terms and conditions of the terms of use set forth below (these “Terms of Use”) shall be deemed to be references to Akki Bike Park Limited (collectively "AKKI") .
1.2 These Terms of Use will apply when you access this Website or any of our sub-sites, mobile applications, social media platforms and/or any other services (references to this Website hereinafter shall be extended to cover any of our sub-sites, mobile applications, social media platforms and/or any other services unless otherwise specified under the terms and conditions of such sites/sub-sites).
1.3 Before proceeding, please read these Terms of Use. Please note that by using this Website or any of our sub-sites, mobile applications, social media platforms and/or any other services, you will be deemed to have read and agreed to these Terms of Use, which may be amended from time to time without prior notice, effective upon its posting on the website. Each time that you use or access the website, the current version of these terms and conditions will apply. You should check the date of the terms and conditions (which appears above) and review any changes that have been made since your last visit to the website. Your continued use or access of the website shall be regarded as your acceptance of the updated version of these terms and conditions.
1.4 IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE WEBSITE. By using or accessing the Website, you represent and undertake that (i) you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you have read, understand and agree to be bound by these Terms and Conditions and (iii) you will use the Website in accordance with applicable law. By accessing the Website you also acknowledge that some content may not be suitable for people under the age of 18.
1.5 Save and except for information covered by our Privacy Policy , any information you share with us via this Website and/or any sub-sites, or by e-mail or otherwise, including but not limited to any questions, comments, feedback, suggestions, will be treated as non-confidential and non-proprietary. Anything you share becomes the property of us and/or our affiliates and may be used for any purpose, including but not limited to reproduction, disclosure, publication, posting and/or broadcast. Additionally, we are free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in any of your communications with us for any purposes whatsoever including but not limited to developing, manufacturing and/or marketing our products and/or services.
2. Intellectual Property Rights
2.1 All trademarks, trade names, brand names, logos, product names and titles, whether registered or unregistered, (collectively the "Marks") used on the Website are trademarks or trade names owned, registered and/or licensed by AKKI or third-party trademark or trade name holders. The Marks are protected by trademark, copyright, and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders' rights.
2.2 All website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software, and all other materials on this website (collectively, "Content"), including all copyrights therein, are owned by AKKI and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Hong Kong and other countries and protected by applicable copyright laws and treaties the world.
2.3 You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent that is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website (including but not limited to the Marks and the Content), including reproduction, modification, distribution, or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
2.4 Copyright and all other intellectual property rights subsisting in any database accessible via this Website and each and every piece of information provided through this Website is owned by us or the third party providers of such information. You may use information retrieved from this Website only for the purposes of the transaction posted to this Website.
3. Exclusion of Liability for External Links
3.1 If the Website contains links to other sites on the Internet, AKKI hereby declares explicitly that it has no influence on and is not responsible for the layout or content of the linked pages. Such links are provided solely for your convenience. AKKI does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely on your own decision and at your own risk. You should read and understand the policies and terms and conditions associated with any linked sites closely before accessing, using, submitting information to such sites, and allowing children to visit such sites. Our Privacy, Security and Cookie Policy ("Privacy Policy") does not apply to any collection and processing of your personal data on or through such external sites.
4. Security
4.1. We do not warrant that any message sent over the Internet will be completely secure. We will not accept any responsibility for any damages incurred by you if you send a message to us, or if we send a message to you at your request, over the Internet. We shall not be responsible in any manner for direct, indirect, special or consequential losses or damages howsoever arising out of the use of this Website. Communications over the Internet may be subject to interruption, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet or otherwise.
4.2. We do not warrant that third parties will not be able to independently gain access to confidential information or data (including but not limited to payment details and details of your personal identity) passing to or via this Website. Accordingly, we do not accept any responsibility or liability whatsoever for any loss or damage suffered or incurred by you as a result of any use or mis-use of any such confidential information or data by any such third party and you agree and acknowledge that your use of this Website shall be solely at your own risk.
4.3 AKKI retains the right (but does not have the obligation) to remove any or all User Submissions that includes any material AKKI deems inappropriate or unacceptable.
If you choose to make any information that personally identifies you or other information publicly available on the website, you do so at your own risk.
4.4 AKKI may, but is not obligated to, monitor, or review any User Submissions. AKKI shall have no obligations to use, return, review, or respond to any User Submissions. AKKI shall have no liability related to your reliance on information or materials provided by visitors to the Website.
4.5 By making a User Submission, you represent and warrant (i) you own all right, title and interest in and to the User Submission, or you have the necessary approvals and permissions to grant the User Submissions License described above, (ii) the User Submission, and the exercise by AKKI of the rights granted it under the User Submissions License in relation to such User Submission, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (iii) your User Submissions do not and shall not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
5. Membership Account
5.1 You may need to create an account to access some features or areas of this site. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You must never use the account of another user. You must notify us immediately if you suspect any unauthorized use of your account. Although AKKI will not be liable for any unauthorized use of your account, you may be liable for the losses of AKKI or others due to such unauthorized use.
5.2 By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are solely responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities including, without limitation, all purchases of the products and services using the website that occur under your account or password shall be your responsibility. Please ensure you have read and understood the terms of our Privacy Policy before you provide any personal information to us.
5.3 AKKI has the sole and absolute discretion to terminate or suspend your account without giving reasons thereof. Circumstances which may lead to termination of account include but are not limited to suspected illegal or dishonest activities and breach of these Terms and Conditions etc.
6. Restriction on Use
6.1 While visiting the Website and participating in, accessing and using the features you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of a User Submission; alter, modify, frame, or "mirror" any Content; create a deep-link to our Website by by-passing our Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Website, or servers or network connections to the Website; disobey any requirements, procedures, policies or regulations of networks connected to the Website; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or attempt to gain unauthorized access to the Website (or any portion thereof).
The above prohibitions are set out as examples only and are not meant to be complete or exhaustive.
6.2 You are prohibited from posting or transmitting to the Website any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
6.3 If AKKI reasonably believes that you have violated or may violate the relevant restrictions, in addition to any remedies AKKI may enforce according to law, AKKI may also take other necessary actions to correct or prevent the violation of the restrictions, including but not limited to immediate removal of the related materials from the website. When required by law or at AKKI's own direction, AKKI will fully cooperate with law enforcement agencies or comply with court orders or official requests or instructions (in each case the competent authority) to disclose the identity information of any person who posted the material.
6.4 You agree not to upload, post, publish, transmit or transfer to this Website (nor include in any message) any software, files or other material which contains any unauthorized advertising, promotion or solicitation and/or materially misrepresents facts which may be damaging to us, our clients or our or their agents.
6.5 You agree to defend, indemnify and hold harmless AKKI and its affiliates, and the directors, officers, employees and agents of AKKI and its affiliates against any losses, liabilities, claims, expenses as a result of (i) your user submissions or your access to or use of the website; (ii) your breach of these terms and conditions (including but not limited to the foregoing prohibitions); (iii) your violation of any third-party right; or (iv) your violation of any applicable laws, rules, regulations, orders or ordinance of any competent authorities.
6.6 The opinions expressed by website visitors reflect solely the opinions of the individuals who have submitted those opinions and are not the opinions of AKKI.
7. Liability and Indemnity
7.1 You shall irrevocably indemnify us and our affiliates from and against any and all losses, damages and costs incurred by us, or our affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of information on this Website or otherwise, howsoever arising, in relation to any breach of these Terms of Use by you.
7.2 We use reasonable efforts to ensure that information on this Website and/or any sub-sites is accurate and up-to-date but make no warranty of accuracy, completeness or timeliness of any such information. Information may contain inaccuracies, typographical or system errors. We expressly reserve the right to make any changes, corrections and/or improvements to any information and contents at any time without notice, including but not limited to any descriptions and/or price information relating to any products and/or services. We disclaim any and all liability and responsibility for any errors or omissions in any contents of this Website and/or any sub-sites.
7.3 This Website, including but not limited to, its contents, functionality, performance and features is provided on an “as-is” and “as-available” basis at your sole risk and without representations or warranties of any kind and all warranties, terms or conditions (express or implied, statutory or otherwise including but not limited to any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free) are expressly excluded. Accordingly, we shall not be liable for any losses (including direct, indirect, incidental, special or consequential damages) arising out of the use of or inability to access this Website. It shall be your responsibility to make all necessary copies and backups of any information obtained or available from this Website. Accordingly, you agree not to bring a claim of any nature against us in relation to your use of or access to this Website except where such a claim cannot be excluded by law. You acknowledge and agree that we will have the right (subject to the discretion of the Court) to a stay of proceedings if you bring any claim against us in breach of the foregoing.
7.4 The products and/or services displayed on this Website and/or any sub-sites are subject to availability in your particular country or location. The reference to such products and services in this Website and/or any sub-sites does not imply or warrant that these products or services will be available at any time in your particular location.
7.5 Website information regarding products and/or services, including their availability, appearance, price and specifications are subject to changes from time to time without prior notice. Such information will not constitute a representation, warranty or other commitment by us with respect to any product and/or service and we hereby disclaim all warranties, express or implied, as to the accuracy, suitability for any purpose or completeness thereof.
7.6 All descriptions, images, references, features, content, specifications and prices of Products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on the devices (including computer, mobile phone, tablet or otherwise, collectively "Devices"), and we cannot guarantee that your Devices will accurately display the applicable colors. The inclusion of any Products or services on this Website at a particular time does not imply or warrant that these Products or services will be available at any time. By engaging in a purchase of a Product or service made available by us on this Website (a "Transaction" and collectively "Transactions"), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or service.
7.7 Products/Services which are manufactured by and/or supplied to us by third party manufacturers/suppliers (“Third Parties”) may be listed on this site. Third Party Products are subject to the warranties provided, issued and granted by the relevant Third Parties. Except as otherwise provided in these Terms and to the fullest extent permitted by law, you hereby agree that the relevant Third Party’s warranty shall be the sole warranty in respect of any fault, defect, or failure of any Third Party Product and to look solely to such Third Party (and not to us) for any and all claims related to such warranty.
8. Disclaimer of Warranties
8.1 The website and any products or services made available through the website are provided to you "as is" without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the website, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the website. AKKI and its affiliates, suppliers and service providers disclaim all warranties with respect to the website and any product or service (including without limitation, third party products and services) obtained through the website, to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, noninfringement, and title.
9. General
9.1 You may not transfer your rights or obligations under these Terms of Use without our prior written consent.
9.2 We will not be liable to you for failure to fulfil obligations caused by events outside our control, including but not limited to, any difficulties experienced by you in accessing this Website.
9.3 Your use of this Website is governed by the laws of the Hong Kong SAR and you agree to submit to the exclusive jurisdiction of the Courts of the Hong Kong SAR in relation to any dispute arising out of your use of or access to it.
9.4 These Terms of Use constitute the entire agreement between us relating to your use of this Website and shall supersede all other contracts, discussions, letters or communications (whether written or oral) relating to the subject matter.
9.5 These Terms of Use are prepared in English. The Chinese translation is provided for reference only. In case of any inconsistency, the English version shall prevail.
