1.1     Aka-Iki Limited operates www.aka-iki.com and AKA’IKI Community App / www.community.aka-iki.com (either or both (as the case may be) defined as “Platform”). These Terms and Conditions will apply to the use of our Website, the order or purchase of Products offered through our Website and the participation in / use of our Community.

1.2    Aka-Iki Limited is a private company limited by shares incorporated in Hong Kong with business registration number 74542630. Aka-Iki Limited operates under the brand and trading name AKA’IKI.

2.1    In these General Terms and Conditions: 

        “Aka-Iki Limited”, “our”, “us” and “we” means Aka-Iki Limited; 

        “Community” means the website application AKA’IKI Community App / www.community.aka-iki.com operated by Aka-Iki Limited under the Community Terms and Conditions;

        “Community Terms and Conditions” means our terms and conditions that apply from time to time to membership and participation in the Community, the current version of which is available at this [link];

        “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China;

        “Indemnified Parties” means us, all our subsidiaries and associated companies, and all their respective officer, employees, contractors and representatives; 

        “Intellectual Property Rights” means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of an equivalent nature;

        “Platform” means the Website and/or the Community (as the case may be);

        “Platform Infrastructure” means all our systems (including code) that facilitate, provide or describe the Platform;

        "Privacy Policy“ means our policy in respect of the privacy and protection of personal data of data subjects who visit our Website, purchase our Products or become members of our Community, the current version of which is available at this [link] for the Website and at this [link] for the Community;

        “Product” means a product offered on our Website;

        “Product Terms of Sale” means our terms and conditions from time to time that apply to our sale of Products, the current version of which is available at this [link];

        “Terms and Conditions” means these General Terms and Conditions, Product Terms of Sale, and Community Terms and Conditions;

        “Website” means the website www.aka-iki.com operated by Aka-Iki Limited; and

        “you” or “your” means a visitor on our Website.

2.2   References to “paragraphs” are to paragraphs of these General Terms and Conditions.

2.3   Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.

2.4   Words imparting the singular shall include the plural and vice versa. Words imparting a gender will include every gender and references to persons shall include any individual, company, corporation, firm or partnership.

3.1    By using the Platform, you agree to be bound by these Terms and Conditions. If you continue to use the Platform, we will take this as your acceptance of these Terms and Conditions.

3.2   If you do not agree to these Terms and Conditions, you must not use our Platform and you should leave the Platform immediately.

3.3   We reserve the right to refuse access to you to our Platform if we consider such refusal necessary or appropriate.

3.4   By visiting our Website or using our Community:

        (a)     you also agree and consent to our Privacy Policy. Our Privacy Policy can be reviewed at this [link] for the Website and at this [link] for the Community; and

        (b)     you consent and agree to comply with our Acceptable Use policy (see paragraph 5 below for further details).

3.5   We recommend you print a copy of these Terms and Conditions for future reference.

4.1    We may amend these Terms and Conditions from time to time in our sole discretion without notice or liability to you. By continuing to use this Website following such amendments to these Terms and Conditions, you agree to be bound by such amendments.

4.2   If you do not agree to any amendments to these Terms and Conditions, you must stop using our Platform.

5.1    You must not (“Prohibited Acts”):

        (a)     use our Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability or accessibility of the Platform;

        (b)     use our Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

        (c)     use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

        (d)     conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to our Platform without our express written consent;

        (e)     access or otherwise interact with our Platform using any robot, spider or other automated means;

        (f)      violate the directives set out in the robots.txt file for our Platform;

        (g)     use data collected from our Platform for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing);

        (h)     use data collected from our Platform to contact individuals, companies or other persons or entities, unless any such contact is under and in accordance with the Community Terms and Conditions;

        (i)      use or direct the Platform to interact with any devices unless you are expressly authorised to do so;

        (j)      use any Platform Infrastructure, directly or indirectly to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging network messages to any device, whether owned by us or not;

        (k)     directly or indirectly, copy, publish, modify, translate, decompile, disassemble,
reverse engineer or otherwise make any attempt to derive or access the structure or the source code from the Platform (whether to create derivative works of the source code, or otherwise);

        (l)      use or access the Platform in order to build a similar or competitive product or service or disclose to any third party any benchmarking or comparative study involving Products;

        (m)    sell, assign, sublicense, transfer, distribute or lease your access to the Platform;

        (o)     make the Platform available to any third party through a private computer network;

        (p)     edit or otherwise modify any content or paper or digital copies of any materials printed off or copied from our Platform in any way;

        (q)     use the Platform in a manner prohibited by any laws or regulations which apply to the use of the Platform;

        (r)      make illegitimate enquiries or place illegitimate Orders; or

        (s)     place speculative, false or fraudulent Orders.

5.2   You acknowledge that you will be liable to us for any damage, loss, liability, cost or expense we suffer or incur that arises from or in connection with any Prohibited Act performed or allowed by you.

5.3   You undertake to notify us as soon as reasonably practicable after becoming aware of any person performing any Prohibited Act. You will provide us with reasonable assistance in relation to any investigations we may conduct as a result of the information provided by you in this respect.

5.4   You must comply with, and it is your sole responsibility to ensure you comply with, all applicable laws in respect of your use of the Platform, whether based on your country of residence, place where you access the Platform, or otherwise.

5.5   Please e-mail us at info@aka-iki.com with details you learn of any material or activity on our Platform that breaches these Terms and Conditions.

6.1    Links from our Platform to other websites and resources provided by third parties are provided for your information only. Links to other websites and resources from our Platform should not be interpreted as, and are not, recommendations or approval by us of those linked websites or resources, or any information you obtain from them. 

6.2   You acknowledge and accept that we have no right or control over the contents of other websites and resources that are linked from or referred to in our Platform.

6.3   You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

6.4   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.

6.5   We reserve the right to withdraw linking permission without notice.

6.6   The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use policy (see paragraph 5 above).

6.7    Please e-mail us at info@aka-iki.com to seek our prior permission to any linkage to our Platform that does not comply with this paragraph 6.

7.1     The Platform's code, structure, content and community are protected by intellectual property rights.

7.2    We are the owner or the licensee of all Intellectual Property Rights in our Platform, and in its content and the material published on it. Those works are protected by applicable laws and treaties around the world. All such rights are reserved.

7.3    You may only use the Platform and all content from the Platform for your personal and non-commercial use and in accordance with these Terms and Conditions. The content from the Platform includes content in respect of the Products.

7.4    You agree to inform us of any suspected breach of Intellectual Property Rights belonging to us.

7.5    You are not permitted to use our trademarks without our prior written approval.

8.1    Our Privacy Policy can be reviewed here [link] for the Website and at this [link] for the Community, and forms an integral part of these Terms and Conditions.

8.2   We use cookies on our Platform. We also use cookies to track the way you prefer to
view our Platform. By accepting these Terms and Conditions you also give consent to our use of cookies for this purpose. More information about cookies
is contained in our Privacy Policy.

8.3   If you provide us your personal data, we will process that personal data in accordance with your instructions from time to time and will take appropriate security measures to protect that personal data against unauthorised and unlawful processing and against accidental loss, destruction or damage.

8.4   Except where specific safeguards are appropriate or otherwise agreed in writing,
information and documents arising as part of selling the Products may be shared among and may be accessible by our employees, officers, consultants or agents.

9.1    We do not guarantee that our Platform will be secure or free from bugs or viruses.

9.2   You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

9.3   You must not misuse our Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful.

9.4   You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.

9.5   You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.

9.6   If we believe you have breached the provisions of this paragraph 9, your right to use our Platform will cease immediately. We may report any breach to relevant law enforcement authorities, and will do so if required to do so under applicable laws.

10.1   Subject to paragraph 10.13, we disclaim all liability to the maximum extent permitted by law, and we assume no responsibility, for losses to you or any other person arising from:

        (a)     third party content or user content;

        (b)     our content, and in particular from the accuracy, completeness or current status of our content;

        (c)     the Products, and in particular from the quality, images, description or specifications, conformity with description and reasonable fitness for purpose of the Products;

        (d)     reliance on information contained or functionality provided on, or through, these Terms and Conditions or our Platform;

        (e)     inability to gain access to the Platform or any part of it, or access is interrupted or partial, or functions with errors, at any time; and

        (f)      any failure by us to perform, or delay in performing, any obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control, and includes telecommunications failure, power supply failure, terrorism, fuel strikes, severe weather, computer breakdown, failure of suppliers to meet delivery requirements, industrial disputes and the absence of personnel due to illness or injury, and the time for performance of any obligation, the performance of which is so affected, will be extended accordingly.

10.2  We will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of that loss or damage arising.

10.3  Our liability arising directly or indirectly under these Terms and Conditions (including your purchase of Products from us under the Product Terms of Sale and your use of the Community under the Community Terms and Conditions), or that is not otherwise expressly excluded under these Terms and Conditions, will be limited to and capped at the higher of US$1,000 or a multiple of five times the price paid by you for the Products giving rise to the liability. The amount of this limitation of liability will be reduced by the amount of any unpaid amounts owed to us.

10.4  Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms and Conditions must be brought within one year of the act or omission alleged to have caused the loss or cost.

10.5  Except to the extent that claims cannot be excluded or restricted by law, no claims arising out of or in connection with these Terms and Conditions may be brought by you personally against any of our employees, officers, consultants or other representatives involved in the performance of the relevant obligations.

10.6  All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.

10.7  Only one claim may be brought against us (including our employees, officers or consultants) arising from one act or omission. One act or omission includes one series of related acts or omissions, the same act or omission in a series of related matters or similar acts or omissions in a series of related matters, and includes all claims arising from any one matter.

10.8  The limitations in this paragraph 10 apply to our aggregate liability to you (including any other third parties to whom we are held liable, with or without our consent) in relation to any one claim, and you and any such other persons may together recover from us only once in relation to the same loss.

10.9  Where a limitation of liability applies in whatever amount, the limitation applies to the entire performance of services or supply of Products by us, and there will not be separate aggregate limits of liability applicable to you, any group company to which you belong, and all individuals nominated by a corporate user.

10.10 If we have joint and several liability to you with another party we will only be liable to pay you the proportion which is found to be fairly and reasonably due to our fault. We will not be liable to pay you the proportion which is due to the fault of another party for which such other party would otherwise be liable.

10.11  Any liability due from us to you will be reduced by the proportion for which another party would have been found to be liable if either:

        (a)     you had also brought proceedings or made a claim against that other party; or

        (b)     we had brought proceedings or made a claim against that other party under the Civil Liability (Contribution) Ordinance (Cap. 377) or similar law under any other relevant jurisdiction.

10.12 In considering whether other parties may be liable to you, no account is to be taken of any inability on your part to enforce remedies against another party by reason of causes of action against that party becoming time-barred, or the party’s lack of means or the party’s reliance on exclusions or limitations of liability or that the other party has ceased to exist.

10.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability:

        (a)     for death or personal injury arising from our negligence;

        (b)     for fraud or reckless disregard of professional obligations; 

        (c)     for any other liabilities which cannot be excluded or limited in the jurisdiction to which any relevant claim is subject, including restrictions on our right to limit our liability in Hong Kong; and

        (d)     in any other case, to limit our liability to less than such minimum amount as may be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount will be deemed substituted for the amount that would otherwise apply.

10.14 These provisions are exhaustive of the remedies of monetary damages for each party or any third party against either party arising out of or in connection with these Terms and Conditions.

11.1    You will on demand fully indemnify, and keep fully indemnified, the Indemnified Parties from and against all claims, costs and losses of any nature whatsoever that the Indemnified Parties may suffer or incur arising out of or in connection with:

        (a)     any material breach of the provisions of these Terms and Conditions by you;

        (b)     any fraud, negligence, misconduct or reckless carelessness in or about your obligations under these Terms and Conditions; and

        (c)     your use of our Platform. 

11.2   We will be entitled to recover from you all out-of-pocket expenses we reasonably incur in connection with an indemnified claim, and all such expenses will be payable on demand.

12.1   Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may 

        (a)     send you one or more formal warnings;

        (b)     temporarily suspend your access to our Platform;

        (c)     cease to process any Order;

        (d)     refuse to receive any payment from you;

        (e)     permanently prohibit you from accessing our Platform;

        (f)      block computers and devices using your IP address from accessing our Platform;

        (g)     contact any or all your internet service providers and request that they block your access to our Platform; or

        (h)     commence legal action against you, whether for breach of contract or otherwise.

12.2  If we suspend or prohibit or block your access to our Platform or a part of our Platform, you must not take any action to circumvent that suspension or prohibition or blocking.

13.1   You can stop using the Platform at any time.

13.2  We may suspend the provision of the Platform at any time, with or without cause, and with or without notice.

13.3  We may suspend or terminate your access to this Platform if your use of the Platform would cause or risk causing legal liabilities of any kind, or otherwise disrupt others’ use of the Platform.

13.4  If we suspend or terminate your access to the Platform, we will try to notify you in advance. Nonetheless, we may, at our discretion, suspend or terminate your access to the Platform immediately without prior notice.

13.5  We do not guarantee that our Platform will always be available or be uninterrupted. We may stop, suspend or withdraw or restrict the availability of all or any part of our Platform for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment upon the discontinuance, suspension, withdrawal or alteration of the Platform.

14.1   You may not assign any of your rights under these Terms and Conditions.

14.2  The rights, powers and remedies provided in these Terms and Conditions are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.

14.3  We subcontract the hosting of the Platform to a third party.

14.4  If the validity or enforceability of any provision of these Terms and Conditions is in any way limited by any applicable law, that provision will be valid and enforceable to the fullest extent permitted by such law. The invalidity or unenforceability of any such provision does not affect the validity or enforceability of any other provision.

14.5  The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms and Conditions or by law does not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms and Conditions, this does not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

14.6  The exercise of the parties' rights under these Terms and Conditions is not subject to the consent of any third party.

14.7  These Terms and Conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

15.1   These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong, but without regard to its principles of conflicts of laws. 

15.2  Any disputes or claims (including non-contractual disputes or claims) relating to these Terms and Conditions or your use of the Platform shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.

Please email info@aka-iki.com if you have any questions or concerns about these General Terms and Conditions, Website, Community or Products.