Terms of Service

This website is operated by Aperturee Co., Ltd. Throughout the site, the terms "we", "us" and "our" refer to Aperturee Co., Ltd. We provides this website, including all the information, tools and services provided to you by this website, users, on the condition that you accept all the terms, conditions, policies and notices described here.
Please read the following terms and conditions carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Any new features or tools added to the current store should also comply with the terms of service. You can view the latest version of the terms of service on this page at any time. We reserve the right to change or replace any part of these terms of service. At the same time, you are responsible for checking this page regularly for changes. Your continued use or access to this website after we post any changes signifies your acceptance of these changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these terms of service, it means that you are at least the age of majority in your state or province of residence, and you agree to any minor family members of yours to use this website.
You must not use our products for any illegal or unauthorized purpose, and you must not violate any laws of your jurisdiction when using the service.
You must not spread any viruses or any destructive code.
If you violate any terms, we will immediately terminate the provision of services to you.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to provide services to anyone at any time.
You agree that your information (not including credit card information) may be transmitted without encryption (1) Transmission through various networks; (2) Changes to meet the requirements of connecting networks or devices. Please note that credit card information is always encrypted during network transmission.
Without our express written permission, you agree not to copy, sell or use any part of the service or any contact information on the website where the service is provided.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this website is inaccurate, incomplete or not up to date. The information on this website is for general reference only, and shall not be used as the sole basis for decision-making without consulting the main, more accurate, complete or timely information sources. Any reliance on materials on this website is at your own risk.
This website may contain certain historical information. The historical information is definitely not up-to-date and is for reference only. We reserve the right to modify the content of this website at any time, but we are not obliged to update any information on our website. You are responsible for reviewing changes to our website at any time.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or terminate the service at any time without notice.
We are not responsible for any modification, price change, suspension or interruption of the service by you or any third party.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. These products or services can only be returned or exchanged in accordance with our return policy.
We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that any color display of your computer monitor is accurate.
We reserve the right, but no obligation, to restrict the sale of our products or services to anyone, geographic area or jurisdiction. We may exercise this right based on specific circumstances. We reserve the right to limit the number of any products or services we provide. At our sole discretion, we may change all product descriptions or product pricing at any time without notice. We reserve the right to stop selling a product at any time.
We do not guarantee that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations, nor do we guarantee that any errors in the services will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to reject any order you place with us. We can limit or cancel the number of purchases per person or per order at our discretion. These restrictions may include orders placed by the same customer account or the same customer account, the same credit card, and/or orders using the same billing or shipping address. If we change or cancel an order, we may try to notify you by contacting the email and/or billing address/phone number provided when placing the order. We reserve the right to restrict orders that appear to be placed by resellers, resellers, or distributors.
You agree to provide up-to-date, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card number, so that we can complete your transaction and contact you as needed.
For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools, and we neither monitor them nor control or input them in any way.
We do not assume any liability arising from or related to your use of optional third-party tools.
Any use of the optional tools provided through this website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of the tools provided by the relevant third-party providers.
In the future, we may also provide new services and/or features (including the release of new tools and resources) through the website. Such new features and/or services shall also comply with these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services provided through our services may include materials from third parties.
Third-party links on this website may lead you to third-party websites that are not related to us. We are not responsible for checking or evaluating the content or accuracy, and we do not guarantee and will not assume any responsibility or obligation for any third-party materials or websites or any other third-party materials, products or services.
We are not responsible for any damages or damages caused by the purchase or use of goods, services, resources, content, or any other transactions related to any third-party website. Before making any transaction, please read the policies and practices of the third party carefully and make sure you understand them. Complaints, claims, concerns or questions about third-party products should be submitted directly to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions or send ideas, suggestions, proposals, or other materials without our request, whether online, by email, post or other means (collectively referred to as "comments"), you agree that we can edit, copy, publish, distribute, translate and otherwise use any comment you forwarded to us in any media at any time without restriction. We are not obligated to (1) keep any comment confidential; (2) compensate for any comment; or (3) respond to any comment.
We can but are not obligated to monitor, edit or delete content that we decide to be illegal, offensive, threatening, defamatory, defamatory, pornographic, obscene, or other objectionable or violate any party's intellectual property rights or these terms of service.
You agree that your comments will not infringe any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or other illegal, abusive or obscene materials, or contain any computer viruses or other malicious software that may affect the service or the operation of any related websites in any way. You must not use a false email address, impersonate another person, or otherwise mislead us or a third party regarding the source of any comment. You are solely responsible for any comments you make and their accuracy. We are not responsible for any comments made by you or any third party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Sometimes, the information on our website or services may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping costs and shipping time. If any information on the service or any related website is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, update information or cancel orders at any time without notice (including after you submit your order).
We do not undertake the obligation to update, modify or clarify the information on the service or any related websites, including but not limited to pricing information, unless required by law. No update or refresh date is specified on this service or any related website, and it should not be deemed to indicate that all information on this service or any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions stipulated in the terms of service, you may not use this website or its content: (a) for any illegal purpose; (b) soliciting others to perform or participate in any illegal act; (c) violating any international, federal, or Provincial or state regulations, rules, laws, or local ordinances; (d) Infringe or violate our intellectual property rights or the intellectual property rights of others; (e) Harassment, abuse, insult, harm, defamation, defamation, derogation, intimidation, or gender-based, Discrimination based on sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) Submit false or misleading information; (g) Upload or transmit viruses or any other types of malicious code that will or may be Use in any way, thereby affecting the function or operation of the service or any related website, other website or the Internet; (h) Collect or track the personal information of others; (i) Spam, phishing, online fraud; (j) Use for any Obscene or immoral purposes; (k) Interfering with or circumventing the service or any related website, other website or the security function of the Internet. We reserve the right to terminate your use of this service or any related website due to your violation of any prohibited purpose.

SECTION 13 - DISCLAIMER OF WARRANTIES
We do not guarantee that your use of our services will be uninterrupted, timely, safe or error-free.
We do not guarantee that the results that may be obtained as a result of using the service are accurate or reliable.
You agree that we may delete the service indefinitely from time to time or cancel the service at any time without notice.
You expressly agree that you use or cannot use the service at your own risk.
Under no circumstances will Aperturee, our directors, officers, employees, affiliates, agents, contractors, interns or suppliers pay any damages, losses, claims or any direct, indirect, incidental, special or of any kind Indirect damages, including but not limited to loss of profit, loss of revenue, loss of data, cost increase or any similar damage, whether based on contract, tort (including negligence), strict liability or other reasons, by your use of any service or use Any product obtained from the service, or any other claims related to your use of the service or any product in any way, including but not limited to any errors or omissions in any content, or any release, transmission, or other reasons for using the service or through the service Any type of loss or damage caused by any content provided in a way, even if it has been notified of its possibility. Since some states or jurisdictions do not allow the exclusion or limitation of liability for indirect or incidental damages, in these states or jurisdictions, our liability should be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify and defend Aperturee and our parent company, subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees Injury by any claim or request, including reasonable attorney fees incurred by any third party due to your violation of these Terms of Service or the documents contained in it, or your violation of any law or third party rights.

SECTION 15 - SEVERABILITY
If any provision of these terms of service is determined to be illegal, invalid or unenforceable, the provision shall still be enforced to the maximum extent permitted by applicable law, and the unenforceable part shall be regarded as separate from these terms. Such parts make sure that it does not affect the validity and enforceability of any other remaining clauses.

SECTION 16 - TERMINATION
The obligations and responsibilities of both parties before the termination date shall continue to be effective after the termination of this agreement.
But you can inform us at any time that you no longer wish to use our services or stop using our website these terms of service.
If we unilaterally judge that you have failed or we suspect that you have failed to comply with any of the terms or provisions of this service clause, we can also terminate this agreement at any time without notice. You will still be responsible for all due payments until the expiration date.

SECTION 17 - ENTIRE AGREEMENT
If we fail to exercise or enforce any rights or provisions of these Terms of Service, it does not constitute a waiver of such rights or provisions.
These terms of service and any policies we publish on this website or related to the service constitute the entire agreement between us. This will supersede any previous or simultaneous agreements, communications and suggestions between us, whether oral or written (including but not limited to any previous versions of the terms of service).
Any ambiguity in the interpretation of these terms of service should not be interpreted as detrimental to the drafting party.

SECTION 18 - GOVERNING LAW
These terms of service and any separate agreement we provide you with services are governed by and interpreted in accordance with the laws of Hong Kong.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can view the latest version of the terms of service on this page at any time.
We reserve the right to update, change or replace any part of these terms of service. You are responsible for regularly checking our website for changes. After posting any changes to these terms of service, your continued use or access to our website or service signifies your acceptance of these changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at service@aperturee.com

By consenting to Aperturee’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at here for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Aperturee products or services, you agree that any controversy, claim, action, or dispute between you and Aperturee arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Aperturee ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”), without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Aperturee's products or services (the “Opt-Out Deadline”). Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Aperturee. You are responsible for ensuring Aperturee’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Aperturee agree that you may bring or participate in Claims against Aperturee only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Aperturee agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.