Terms & Conditions

Welcome to the website (“Site”) of PYAAR Limited. PYAAR Ltd. offers goods and services subject to the below terms and conditions (“Terms and Conditions”) and privacy policies (“Privacy Policy”) from time to time. We reserve the right to update and revise the Terms and Conditions and Privacy Policy at any time at our absolute discretion without notice. You should review the Terms and Conditions and Privacy Policy periodically for changes at www.pyaar.com.hk. With the continued use of the Site, you are deemed to have read through, acknowledged and accepted the Terms and Conditions and Privacy Policy.

1. TERMS OF USE

You may not (a) use the Site for any purpose that is against the Terms and Conditions; (b) use the Site for any unlawful purposes; (c) expose the Site to any computer, website or software containing viruses, harmful codes, Trojan horses or worms; (d) transmit any data, information, text, links, images, files from outer sources through the Site; (e) collect and yield any information from the Site and users of the Site for any purpose; (f) violate any rules under proprietary rights and intellectual property laws; (g) impersonate any other person, including but not limited to an employee of PYAAR Ltd. and a registered user of PYAAR Ltd.

You are prompted to maintain the confidentiality of your membership account information including but not limited to your username and password. If any unauthorized use of your account was found, you agree to report the case to PYAAR Ltd. immediately.

2. MEMBERSHIPS AND PURCHASE ELIGIBILITY

In accessing this Site and using the Site’s services, you agree to be responsible for all your activities conducted through your account and may not use a false identity or email address.

3. ORDERS

Once an order has been placed at Check Out, you may not amend or cancel the order. An order confirmation will be sent to your email, which only indicates receipt of your order request. We reserve the right to not accept, amend or cancel one or all items in your order; an order confirmation is not a guarantee on the acceptance of your order due to but not limited to the following reasons:

i. One or more products in your order are out of stock.

ii. One or more products in your order failed to meet the quality standard and will be withdrawn from our stock.

iii. An error is found in pricing or product descriptions.

iv. Authorization of payment from your credit card cannot be obtained.

v. If due to any reasons one or more products in your order is not accepted, amended or cancelled by us, our concierge team will contact you as soon as possible regarding the related order.

4. PRICING POLICY

Unless stated otherwise, all published prices displayed on the site is the final retail price for the product in accordance with standard industry practice. The published prices may vary from different countries, regions and stores and do not represent every other region. Prices are subject to change upon currency rate fluctuation. Prices on the site are shown in Hong Kong Dollars (HKD) and you also will be charged HKD in the final order. Prices in different currency that might be shown on the site are only for references. If your credit card is based on a different currency, the final price charged will be subject to exchange rate calculated by your issuing bank on the day of payment transaction.

Promotional coupons and codes are non-transferable and will only be displayed at Check Out. These coupons must be redeemed before the expiry date if applicable.

Duties and tax may be applied to orders from all countries; these amounts will not be shown at Check Out page. These relevant duties and tax will be charged either through FedEx, our courier, or the relevant customs authorities in your region. We do not have control or notifications of these charges and do not hold responsibility to any duties and taxes.

5. SHIPPING AND INSURANCE

PYAAR Ltd. insures each order from order acceptance until delivery to your specified address, which each order delivered will need to be signed off, from then, responsibility of the goods passes to you. If the recipient of the order is not you, then you accept evidence of signature by them is a fulfillment of the order by PYAAR Ltd., from then, responsibility of the order is passed to you.

The delivery times stated is only an estimate and commence from date of dispatch. Delays may occur due to customs clearance and PYAAR Ltd. holds no responsibility of any related delays.

6. CONTENTS

PYAAR Ltd. strives to include accurate and complete content, but cannot guarantee the Site’s contents will be error-free, including but not limited to product descriptions, images and any other part in the Site. PYAAR Ltd. reserves the right to add, amend or remove any content, including but not limited to prices, product descriptions, images and quantities any time without prior notice. PYAAR Ltd. is not liable for any loss or damages caused by or arising from the reliance on the information on or obtained from this Site.

We do not guarantee that products or services displayed on the Site will be available at all times. We reserve the right to limit the available quantities of any goods or services (including before or after a purchase order has been placed and/or acknowledged) and to revise or terminate any promotion or services at any time without notice.

Any content, postings and messages submitted by you must not contain unlawful, abusive and obscene materials. We reserve the right to delete, amend and refuse any contents posted on the Site as appropriate without prior notice.

7. COPYRIGHTS AND THIRD-PARTY SERVICES

You acknowledge that, unless with prior approval of PYAAR Ltd., by accessing the Site, becoming a member or purchasing any goods and services does not entitle you the right to sell, publish, license, modify, rent, edit, reproduce, adapt or otherwise deal with any material, in whole or in part, contained on the Site, including but not limited to designs, logos, graphics, trademarks, contents, images, products, software and html. Failure to follow these terms may result in infringement and violation of the relevant intellectual property laws. These acts may be exempted when the use is for non-commercial and for the sole purpose of marketing and promoting products and services provided by PYAAR Ltd. on third-party services, including, but not limited to Facebook, Twitter, Instagram, Pinterest, Polyvore, Google + and Sina Weibo.

The Site may contain links to third-party websites or resources. We, however, do not have control over these websites and do not take responsibility for any of the contents, legality of these websites and shall not be liable for any loss or damages caused by or arising from accessing these websites or relying on the information on or obtained from these websites.

8. COMPLAINTS AND COPYRIGHT INFRINGEMENTS

If you believe you have any copyright claim to any content or material on the Site and that PYAAR Ltd. has used your work without permission, please request in writing for PYAAR Ltd. to remove these contents from the Site. The request must contain all of the following information: - (a) indicate the alleged infringement; (b) indicate the location on the Site of the infringement; (c) provide your name and contact information; (d) state that you believe in good faith that use of the content and material on the Site would constitute infringing activity; (e) state that the information you provided is accurate; (f) provide proof that you are the copyright owner of the particular infringed content and material, or are authorized to act on behalf of the original owner; (g) state that you understand that it is an offence and is liable to pay compensation to any person by way of damages who suffers loss or damages as a result of any false statement made by you; and (h) an electronic or physical signature of you, who should be the owner of the copyright or an authorized person to act on the owner’s behalf.

9. TRADEMARKS

Trademarks and brands appearing on the Site may be owned by other owners or issuers. The owners reserve their final rights and ownership over these trademarks and brands. There are no implications that PYAAR Ltd. represents and/or warrants any of these trademarks and brands contained on any of the Site’s contents, image and messages, including the merchandise, product descriptions and images offered on the Site are endorsed by the owners.

10. INDEMNITY/DISPUTES

By using the Site, you acknowledge and agree to protect PYAAR Ltd., its employees, board of directors, suppliers, affiliates, subsidiaries, partners, contractors, representatives and vendors from any claims, losses, damages, costs and expenses and other liabilities from any claims directly or indirectly initiated from any third-party resulting from or arises in connection with your (i) use or misuse of the Site; (ii) breach of the Terms and Conditions; or (iii) violation of any law or the rights of a third party. If we are required to defend any claims, you agree to fully cooperate as reasonably required by us.

11. DISCLAIMER OF WARRANTIES

The Site, together with its content including all text, images, merchandise and other information are provided to you on an “as available” and “as is” basis. PYAAR Ltd. does not guarantee any kind, expressly or impliedly, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement of any intellectual property rights.

PYAAR Ltd. does not warrant or represent that: - (i) the information on the Site is free of errors; (ii) the functions contained on the Site will be uninterrupted; (iii) defects will be corrected; or (iv) the Site or the server(s) that makes it available are secured, free of viruses or other harmful components.

12. LIMITATIONS OF LIABILITIES

By using the Site, you acknowledge that PYAAR Ltd., its parent companies, subsidiaries or affiliates or their respective board of directors, employees, agents, successors, subsidiaries, divisions, suppliers, vendors, distributors, affiliates or third parties providing information on the Site shall not be liable to any user of the Site or any other person or entity for any direct, indirect, special incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the Site or any information contained thereon or stored or maintained by PYAAR Ltd., whether based upon warranty, contract, tort, or otherwise, even if PYAAR Ltd. has been advised of or should have known of the possibility of such damages or losses.

In no event shall the total liability of PYAAR Ltd., its parent companies, subsidiaries or affiliates or their respective board of directors, employees, agents, successors, subsidiaries, divisions, suppliers, vendors, distributors, affiliates, or third parties providing information on this Site to you for all damages, losses, and causes of action resulting from your use of this Site, whether in contract, tort (including, but not limited to negligence) or otherwise, exceed the amount you paid to PYAAR Ltd. in connection with the applicable event, promotion or event giving rise to such liability.

Without limiting the foregoing, in no event shall PYAAR Ltd., its parent companies, subsidiaries or affiliates or their respective board of directors, employees, agents, successors, subsidiaries, divisions, suppliers, vendors, distributors, affiliates, or third parties providing information on the Site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of PYAAR Ltd.

13. INTERNATIONAL USE

PYAAR Ltd. does not represent that information and content are available or suitable for the use outside of Hong Kong nor abides by any laws outside of Hong Kong. Users of PYAAR Ltd. should comply with their applicable local laws if PYAAR Ltd. is being accessed outside of Hong Kong and PYAAR Ltd. takes no responsibility of any non-compliance thereto.

14. TERMINATION AND AMENDMENT OF SITE AND FRAUD

PYAAR Ltd. reserves the right to halt, terminate and amend any and/or all parts of the Site without prior notice, including but not limited to the Terms and Conditions and Privacy Policy, your membership account information and your right to access part and/or all parts of the Site for various reasons.

PYAAR Ltd. reserves the right to delay and/or refuse to ship or recall from the shipper any order if fraud is suspected.

15. MISCELLANEOUS

The Terms and Conditions stated on the Site, together with the Privacy Policy, constitute the whole agreement between you and PYAAR Ltd. which you have acknowledged and agreed to. The Terms and Conditions and Privacy Policy apply to all parts of PYAAR Ltd. and any offline conduct that relates to PYAAR Ltd. The invalidity or unenforceable of any of the Terms and Conditions shall not affect the validity or enforceability of any other Terms and Conditions, which shall remain in full force and effect.

The Terms and Conditions, together with the Privacy Policy, are governed by and construed in accordance with the applicable laws of Hong Kong, with exclusive jurisdiction at the Courts of Hong Kong for any cases arising out of the Terms and Conditions and Privacy Policy.

[1] The “website” refers to the url and all of its sub-pages, as well as all other sites bearing the same content and images taken from the www.pyaar.com.hk database.