TERMS OF SERVICE 條款細則
 
 

ADOLPH SPORT's Terms of Service (“Terms of Service”) is a legal agreement between you and The Clymb (“we,” “us,” or “our”) that governs you / your membership and interaction on ADOLPHSPORT.com and other ADOLPH SPORT services (collectively, the “Site”) and your purchases and use of products and services made available through the Site. By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Service. We have the right to change the Terms of Service at any time by posting a temporary notice of the changes in the footer of our Site, and the changes will be effective upon posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Service.

You agree to our use of your personal information and content in accordance with our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify the Site at any time without prior notice, including without limitation, removing or making unavailable areas of the Site from time to time for maintenance.

 

Additional Terms and Conditions

Additional terms and conditions may apply to certain purchases. Such additional terms and conditions are in addition to these Terms of Service and you agree to abide by such additional terms and conditions.

 

Orders and Payment

All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the booking is no longer available or has been mispriced, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has already been charged for an order that we later cancel not due to your violation of these Terms of Service, we will issue you a refund.All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the booking is no longer available or has been mispriced, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has already been charged for an order that we later cancel not due to your violation of these Terms of Service, we will issue you a refund.

 

Product Availability

We cannot guarantee that all items listed as “in stock” will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order, but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order. Generally, items that are out-of-stock are no longer available.

 

Product Descriptions

We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.

 

Pricing

We do not guarantee that we offer the best available rates for the products and services available on the Site. While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.

 

Shipping and Returns

For information on shipping, tax and return policies, review our Shipping Policy and Returns Policy, which may change from time to time.

 

Restricted Use

ou may use the Site only to the extent that you abide by these Terms of Service and all laws applicable to your use of the Site. We have the right to not process a transaction if we believe it violates any agreement, or exposes you, other users, our partners or us to harm, such as fraud or criminal acts. If we suspect, in our sole discretion, that your account has been used for an unauthorized, illegal or criminal purpose, you agree that we have the right to share your information, your account and your transactions with law enforcement. You may only use the Site in the United States and may not directly or indirectly export our services. The Site may be subject to export restrictions imposed by law. You shall not use the Site for any purpose competitive to ADOLPH SPORT.

 

Representations and Warranties

You represent and warrant that: (i) you are 18 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms of Service; (iv) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (v) you and your use of the Site will be in compliance with these Terms of Service.

 

Warranty Disclaimer

The Site is provided “AS IS,” “AS AVAILABLE,” and without warranties of any kind. You use the Site at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title and non-infringement related to or arising out of the Site, any content on the Site, or any products or services purchased or made available on the Site, as well as warranties implied from a course of dealing or course of performance. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, (iii) the results obtained from the use of the Site will be accurate or reliable or (iv) that the Site will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the Site or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all of the Site and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from ADOLPH SPORT or through the Site will create any warranty not expressly stated herein.

 

Limitation of Liability and Damages

The providers whose products and services are available on the Site are independent contractors and not agents or employees of ADOLPH SPORT. ADOLPH SPORT is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that you assume full responsibility for your use of the Site and the purchase and use of products and services available through the Site. To the maximum extent permitted by applicable law, ADOLPH SPORT, its affiliates, officers, directors, employees, agents, services providers and licensors shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site or any errors, omissions or inaccuracies in any content in the Site; (ii) the Site or the conduct of other Site users or third parties; (ii) the performance of the products and services purchased through the Site; (iii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your data, content or personal information; (vi) termination or downgrading of your account,(vii) any bugs viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (viii) user content or defamatory, offensive, or illegal conduct of any third party, (ix) the services, activities, events and adventure travel made available through the Site, (x) any action we take or fail to take, (xi) any damages or injury arising from any use of products and services made available through the Site, or (xii) any other matter relating to the Site or any products or services made available through the Site.

Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to these Terms of Service and/or use of the Site is to stop using the Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Site, our liability shall never exceed the amounts paid by you to us in connection with the Site. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

 

Indemnity

You agree to indemnify, defend and hold harmless ADOLPH SPORT, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) the products and services purchased through the Site, (iii) any liabilities, claims, damages and injuries arising from or related to any act or omission of a provider whose products and services are available on the Site or another third party, (iv) your conduct in connection with the Site, or (v) your violation of these Terms of Service, any law or the rights of any third party.

 

Third Party Links and Service Offers

The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.

 

Electronic Communications

By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and The Clymb may be recorded.

 

User Interactions

You are responsible for your interactions with other people, whether through the Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.

 

International Users

We control and operate the Site from our offices in HONG KONG, CHINA. We do not represent that the Site (or any content) are applicable, appropriate or available for use in locations outside HONG KONG, CHINA. If you choose to access or use the Site from locations outside of HONG KONG, CHINA, you do so at your own initiative and risk and you are responsible for compliance with all applicable HONG KONG, CHINA and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in HONG KONG, CHINA.

 

Termination

You may terminate these Terms of Service by closing your account at any time. We reserve the right in our sole discretion to (i) terminate your account, (ii) delete your profile and any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Service shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms of Service to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers.

 

Miscellaneous

Survival

The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

Assignment

You may not assign these Terms of Service or any rights and licenses in these Terms of Service. These Terms of Service may be assigned by ADOLPH SPORT without restriction.

Choice Of Law And Forum

These Terms of Use and any dispute of any sort that might arise between you and ADOLPH SPORT or its parent, subsidiaries or affiliates shall be governed by and construed in accordance with the laws of HONG KONG, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in courts HONG KONG, CHINA, provided, however, that notwithstanding anything contained in these Terms of Use to the contrary we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

 

Limitations on Claims

Any cause of action or claim you may have with respect to ADOLPH SPORT or the Site (including without limitation the purchase of products and services) must be commenced within one 6 MONTH after the claim or cause of action arises, or such claim or cause of action is barred.

No Waiver

Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Service.

Severability

If any provision in these Terms of Service is invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.

Entire Agreement

These Terms of Service and Privacy Policy (if applicable) constitute the entire agreement between you and us and govern your use of the Site. These Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Service.

 

 

 

 
     
   
     

 

 
 
 

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