Last updated: 2017-03-17
“Gear” shall mean a piece of equipment available by an Owner to Renters for rent through Pak1Pak as described in any Rental Listing, including accompanying accessories and, if specifically indicated, any consumables included therewith. As context requires, Gear may also refer generally to all Gear available on Pak1Pak for rent.
“Member Feedback” shall mean user feedback on Pak1Pak about a Rental transaction or a party to a Rental and the mechanism through which that feedback is delivered.
“Owner” shall mean a party with Gear for rent on Pak1Pak.
“Profile” shall mean Pak1Pak member page with a short bio, user location, products available to rent, and photographs.
“Public Discussion” shall mean the forum elements of Pak1Pak that allow Users to comment on Rental Listings or to ask for more details.
“Rental Listing” shall mean information published by an Owner on Pak1Pak in connection with a specified piece of Gear.
“Rental Payment” shall mean a payment made from a Renter to an Owner for Gear rented subject to a Rental.
“Rental” shall mean a rental of Gear between an Owner and a Renter governed by a Rental Contract.
“Rental Period” shall mean the fixed period of time during which there is a Rental between an Owner and a Renter pursuant to a Rental Contract.
“Renter” shall mean a party who rents Gear, pursuant to a Rental Contract, through Pak1Pak.
“User(s)” shall collectively refers to Renters and Lenders
Reliance on Information Posted; Termination
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
If you post a Rental Listing on Pak1Pak, you must either own or be lawfully allowed to rent out every item you offer. You further must possess all the intellectual property rights to the Rental Listings, including the text (title, sub-title, and description) and images, including any applicable image reproduction rights or publicity rights of depicted items or persons, and any software utilized by the Gear. When posting a Rental Listing, you agree to follow a few common sense rules:
Be Honest. Disclose all fees in the Rental Listing, including extra payments related to the Rental, such as delivery, maintenance, or other assistance as linked to the particular Gear listed. Mention any specific rental conditions somewhere in the product description. Don’t submit any Rental Listing with false or misleading price information or enter into any Rental with a price that you don’t intend to honor. Also, don’t change the price of a Rental once your offer price has already been accepted.
Accurately Describe the Gear. When posting a Rental Listing on Pak1Pak, give a full and honest description of the listed Gear. This includes, but is not limited to: the make and model of the Gear; the Gear’s year of manufacture; any physical, mechanical, or other defects in the Gear; and any other specifications of the Gear that a reasonable Renter would find pertinent. Owners represent and warrant to Renters that: (i) the Gear is in good working condition; and (ii) the Owner has the right to license, sublicense, or assign any software included in the Gear, and covenants to maintain such rights for the duration of the Rental Period.
Keep Any Gear that You Offer For Rental in Good Working Condition. Each Owner is responsible for maintaining and repairing the Gear they make available for Rental. Gear shall at all times be in good working condition prior to delivery to the Renter. If you post a Rental Listing, describe in the Rental Listing any defects or limitations on usability, capability, condition, or capacity of any Gear (“Pre-Existing Damage”) to prevent any needless misunderstandings. Renters have the right to cancel the Rental Contract due to any defect or limitation on functionality not listed in the Rental Listing.
Pak1Pak reserves the right to change the price of an Owner’s Gear listing. Pak1Pak does so in order to maintain reasonable rental prices relative to other listing prices, with the intention to increase the likelihood that an Owner will have their Gear rented by a Renter. If an Owner does not agree with a price change, they have the option of closing their listing at any time, refusing to accept a rental request, or contacting Pak1Pak to discuss the issue.
Wear and Tear. Normal “wear and tear” resulting for normal usage of the Gear should be expected. If you post a Rental Listing, you acknowledge and understand that the Rental Payment constitutes full and fair compensation to Owners for such wear and tear, and Owners are not otherwise protected. Wear and tear may consist of minor cosmetic damage such as scuffing, nicks, abrasions, or scratches of non-functional surfaces. Renters are fully responsible for any damage: (i) resulting from “misuse,” negligence, or Prohibited Activities of the Gear; and (ii) related to functional elements of the Gear (e.g., switches, buttons, and lenses).
Communicate. Offer for rent only goods that the Renter can physically pick up from a given location, either at your address or at another one of your rental locations. Publish any contact information within a Rental Listing, including the exact address of the rental location or your exact address, fax, telephone number, email address, or website address. If your Gear is damaged in any way, notify the Renter prior to delivery and commencement of the Rental Period. As an Owner, you represent and warrant that: (i) the Gear is in good working condition, and (ii) that you have the right to license, sublicense, or assign any software included in the Gear. You covenant to maintain such rights for the duration of the Rental Period.
Don’t Violate the Law or Pak1Pak. Please don’t offer any Gear that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party or under any applicable law. If you’re entering into a Rental with anyone under the age of 18, make sure you have parental consent.
True Lease. You recognize and acknowledge that Renters acquire no ownership, title, property, right, equity, or interest in the Gear other than a leasehold interest solely as lessee subject to all the terms and conditions of this Agreement. A Rental Contract constitutes a true lease, and not a sale of Gear subject to a security interest to secure the purchase price of the Gear. Owners have title to the Gear at all times.
Owners’ Liability is Limited. You are not liable to Renters for any liability, loss, or damage caused or alleged to be caused directly or indirectly by the Gear including but not limited to any inadequacy of, defect in, or incident in connection with the Gear.
Pak1Pak has the right to advertise any equipment listed by the owner. Owners can contact Pak1Pak if one does not wish to be advertise. Once advertised, the price of the equipment has to be kept for a minimum of 7 days.
If you enter into a Rental with an Owner, you’re agreeing to pay the price advertised by the Owner in the Rental Listing, including any security deposit and extra payments such as delivery, maintenance, or other assistance as linked to the particular Gear listed, and the fee we assess for the Rental based on the total payment amount. When entering into a Rental:
Be Honest. You agree to disclose to the Owner and to Pak1Pak all of the intended use of the equipment, including, but not limited to, aerial and underwater filming, photographing, or recording.
Take Care of the Owner’s Gear, and Return the Gear as Promised. You agree to pick up the Gear from the Owner at the start of the Rental Period (“Start Date”) and to return the Gear to the Owner at the end of the Rental Period (“End Date”) in the condition in which it was initially received. Rental Listings on the Site enable you to choose your desired Start Date and End Date, which are then sent to the Owner for Approval. The Rental Period will not be automatically extended if you do not pick up the Gear by the Start Date, although you and the Owner may shorten or extend the Rental Period by mutual consent. You also agree If you fail to return the Gear to Owner by the End Date, you agree to pay any late fee set by the Owner, including for partial days.
Initial Inspection. Prior to use of the Gear, you should conduct a visual and functional inspection. Please note any Pre-Existing Damage, including but not limited to whether the Gear turns on, whether any screen fails to illuminate, and whether any glass, plastic, or metal elements are cracked, broken, or bent. You should document any Pre-Existing Damage to the Gear, with supporting photographs (if applicable), and you will be permitted to cancel the Rental Contract for that Gear.
Damaged Gear. Everyone understands that Gear will occasionally become damaged and, as noted above, you are not responsible for normal wear and tear. While we hope that you do your best to take care of any Gear that you rent, please keep in mind that, subject to the terms of the Pak1Pak Damage Coverage Policy described below, you will be solely liable for any harm or damage caused to an Owner or third party – including property damage to or theft of Gear – arising out of or in connection with your acts, omissions, or negligence in handling or other use of Gear rented via Pak1Pak. You are fully responsible for: (i) damage resulting from “misuse” or negligence; and (ii) damage to the Gear’s functional elements, including, but not limited to, any damages caused to switches, buttons, screens, and lenses. Owners and Renters agree that normal “wear and tear” resulting from normal usage of the Gear is expected and not the responsibility of the Renter.
If you find damage to the Gear in your initial inspection or in your subsequent usage, do not use the Gear and notify the Pak1Pak team immediately at email@example.com.
For rentals of all equipment, you agree to leave a deposit worth the entire replacement value of the equipment. This includes but is not limited to aerial and underwater filming, photographing, or recording. You agree to provide Owner with proof of such payment, with both Owner and Pak1Pak listed as loss payees. You agree to reimburse Owners for any damages and losses which are not eligible for coverage. In the event of losses or damage to the equipment hired, you agree to pay to owner, all costs and expenses of such repair or replacement.
Don’t Use the Gear for Improper Purposes. You represent and warrant that the Gear will only be used for routine personal or business use and that you will not sublease the Rental to any third party. You also agree to comply with all applicable laws. You should conduct a visual and functional inspection when picking up the Gear and report to the Owner any Pre-Existing Damage, including, but not limited to, whether the Gear turns on, whether any screen fails to illuminate, and whether any glass, plastic, or metal elements are cracked, broken, or bent. You should document, with supporting photographs, any Pre-Existing Damage and will have the right to terminate your Rental prior to the Gear’s delivery.
You will not assign, transfer or sublet its rights under this agreement, will not pledge, mortgage or encumber the leased equipment or its rights hereunder and will not permit same to be subjected to any lien, charge or encumbrance.
Owners Do Not Provide Warranties. Unless otherwise indicated, Owners are not manufacturers of the Gear and make no warranty whatsoever with respect to the Gear, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Owners do not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the Gear. You’re accepting the Gear “as is.”
Return time. You should return the equipment on scheduled agreed time or else 11:59pm of the return date pre-determined at the time of the rental.
If the Renter damages, loses, steals, converts, or transfers to a 3rd party, or does takes any other action in regards to the the Gear belonging to the Owner, which is included in the rental, within the Rental Period, the Renter agrees to pay for the repair or replacement of the Owner’s Gear, up to the amount of security deposit initially charged. Pak1Pak is not liable for a Member’s deceptive or fraudulent acts, voluntary parting of Gear, the theft of Gear, and/or any other loss caused by Member’s deceptive or fraudulent acts and a Member’s use of Pak1Pak.com, but Pak1Pak will completely cooperate with the investigation and produce information about the incident and parties involved, working with law enforcement and any insurance companies involved.
Takedown Policy and Complaints
If a User has uploaded any User Content to Pak1Pak that infringes an intellectual property right, feel free to send us a request to take down the content at hello@Pak1Pak.com. Any such complaints or requests should include your name, mailing address, telephone number, email address, and physical or electronic signature.
If you send us a request to take down content that infringes upon your copyright, your request should include:
A description of the content that you believe infringes upon your copyright;
The name of the copyrighted work that you believe is being infringed;
The website URL that contains or is associated with the infringing content;
A short explanation of how the content infringes your rights;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information included in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.
If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:
The intellectual property you own that is being infringed;
A description of the content you believe infringes upon your intellectual property;
The website URL that contains or is associated with the infringing content; and
A short explanation of how the content infringes your rights.
If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the email address of the fake account.
Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile and will send a notice to the other Pak1Pak user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at hello@Pak1Pak.com. Any Counter Notice should include:
Your name, address, telephone number, and email address;
An identification of the material that we have taken down;
A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the Hong Kong, and that you will accept service of process from the complaining party or its agent in the event that a lawsuit is filed against you relating to such content; and
Your physical or electronic signature.
If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.
Right to Terminate Your Account or Block Access to the Site
We may terminate your account or otherwise prevent you from using Pak1Pak at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. We further reserve the right to block access to Pak1Pak to anyone for any reason at any time.
If we terminate your account, you must immediately stop using Pak1Pak and you agree not to attempt to regain access to Pak1Pak without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect, and Pak1Pak reserves the right to retain any data or information you have provided to Pak1Pak or posted on Pak1Pak.
If you wish to terminate your account with Pak1Pak, please contact us at hello@Pak1Pak.com. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
Third-Party Services and Content
We haven’t built Pak1Pak entirely from scratch. In order to operate the Service, we utilize various third-party services and websites including our payment service Stripe and Facebook (“Third-Party Services”). We have no control over these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third-party’s content or policies. Users who access or use a Third-Party Service through Pak1Pak are solely responsible for complying with the terms and policies of those third parties.
In no event shall a description or reference to a third-party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service through Pak1Pak.
Warranties & Limitation of Liability (or The Things You Can’t Sue Us For)
Disputes Between Renters and Owners. We’re not a party to any Rental Agreement between Renters and Owners. We serve only as a facilitator by offering a digital communications platform through which users can execute Rentals. You understand that we do not create, manufacture, store, or inspect any of the Gear rented through our Service. We cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to Gear you Rent must be brought directly against the Owner of the Gear. If you find yourself in a dispute with another user of the Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You release Pak1Pak from any claims, demands, and damages arising out of disputes with other users or parties
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PAK1PAK, GEAR RENTED THROUGH PAK1PAK, OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “PAK1PAK PARTIES”) DO NOT WARRANT THAT PAK1PAK WILL BE ERROR-FREE OR THAT DEFECTS WITH PAK1PAK WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON PAK1PAK IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF PAK1PAK, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF PAK1PAK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF PAK1PAK OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF PAK1PAK. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF PAK1PAK AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US.
BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE CONSUMMATION OF RENTALS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS.
WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER, RENTER, OR OTHER THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF PAK1PAK, ITS RENTAL LISTINGS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SITE, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. THE PAK1PAK PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY RENTAL CONTRACT, FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF PAK1PAK, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF PAK1PAK OR FROM ITS RENTAL LISTINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF PAK1PAK, INCLUDING, BUT NOT LIMITED TO, FROM ITS RENTAL LISTINGS OR FROM THE USE OF OR INABILITY TO USE PAK1PAK OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF PAK1PAK, EXCEED THE LOWER OF: (1) AMOUNTS YOU HAVE PAID OR OWE FOR YOUR RENTALS IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (2) $200. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
Indemnification (or What Happens If You Get Us Sued)
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Pak1Pak Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys’ fees) arising from or relating to: (i) your use of and access to Pak1Pak; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule, or regulation, or the rights of any third party; or (v) any Rental or Rental Contract, including, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.
Choice of Law
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of Hong Kong, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Arbitration and Waiver of Class Action
Agreement to Arbitrate. While we do get involved in any legal dispute between Renters and Owners (as set forth above), we understand that it is possible that you may have a legal claim directly against us. While we hope that’s not the case, in the event that you do have a dispute with us, you agree to arbitrate any dispute with us arising from this Agreement or your use of Pak1Pak on an individual basis. That means you cannot sue us in court or have a trial by jury.
Format for Arbitration. In the case of a dispute, you agree that: (i) any arbitration will occur in Hong Kong; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of International Arbitration Centre for arbitration of consumer-related disputes, in the English language, and with limited discovery.
At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator will have the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL ALSO BE ENTITLED TO COSTS AND ATTORNEYS’ FEES AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT.
Waiver of Class Action. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU WILL NOT COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in a court located in Hong Kong. The parties expressly consent to this exclusive jurisdiction and waive any and all objections based on inconvenience of venue or jurisdiction. However, the parties may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose, where, for purposes of this section, the time that the injury or harm occurred – not when it was discovered thereafter – is where it arose; otherwise, your claim is permanently barred.
Your Relationship with Us
For the sake of clarity, please understand that nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship with us.
We reserve the right at any time to modify or discontinue Pak1Pak (or any part thereof), temporarily or permanently, with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing Pak1Pak in an unauthorized manner. You acknowledge that under this Agreement, by using Pak1Pak you are deemed to have received any and all notices that would have been delivered had you accessed Pak1Pak in an authorized manner.
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency (local, state, or federal), such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
Note to International Users
Pak1Pak is hosted in the Hong Kong. If you are a user accessing Pak1Pak from the European Union, US, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Hong Kong laws, please be advised that through your continued use of Pak1Pak, which is governed by Hong Kong law, you are transferring your personal information to Hong Kong and you consent to that transfer.
Use of Stripe for Payment Processing
Pak1Pak uses Stripe for payment processing. In order for you to use Stripe’s payment processing services, you must enter into the Merchant Services Agreement (MSA) with Stripe and its sponsoring bank. The MSA is available at https://stripe.com/hk/legal. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Pak1Pak is not a party to the MSA and that you, Stripe and Stripe's sponsoring bank are the three parties to the MSA and that Stripe has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Stripe.
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.