Terms of Service

1 Terms of Service

1.1 Please read the terms of service (Terms of Service) set forth below, as they apply to your access and use of our website at www.ambiclimate.com (our site) for the purposes of browsing or purchasing our products (Services)). Your access to and use of the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely. If you do not agree to these Terms of Service, you must not use our site.

1.2 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. Please refer to Shopify Inc’s Terms of Service at www.shopify.com/legal/terms.

2 Other applicable terms

2.1 These Terms of Service refer to the additional terms in our Privacy Policy at www.ambiclimate.com/pages/privacy-policy, which also apply to your use of our Services:

2.2 Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Hong Kong for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your www.ambiclimate.com account, which you may not be able to opt-out from receiving.

 

3 Information about us

The Services are provided and operated by Ambi Labs Limited. We are a limited liability company registered in Hong Kong with registration number 1600550 and have our registered office at 1903 Loon Kee Building, 267-275 Des Voeux Road Central, Sheung Wan, Hong Kong.

 

4 Changes of terms

4.1 We are not responsible if information made available on our site is not accurate, complete or current. The material on our site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 


4.2 Our site may contain certain historical information and such information may not necessarily be current and is provided for your reference only.

4.3 We may amend the Terms of Service from time to time at our sole discretion without notice or liability to you. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments. Please check this page from time to time to take note of any amendments we made, as they are binding on you.

 

5 Changes to our Services and Prices

5.1 The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. Prices for our products are subject to change without prior notice to you. 

5.2 In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.


5.3 We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up-to-date.


6 Our Products

6.1 Certain products may be available exclusively online through our website. These products may have limited quantities and are subject to return or exchange only in accordance to our Return Policy at www.ambiclimate.com/pages/refund-policy.

6.2 We have made every effort to display as accurate as possible the colours and images of our products as they appear. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

6.3 We reserve the right to, but not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or price of products are subject to change at any time without prior notice, at our discretion. We reserve the right to discontinue the sale of any product at any time. Any offer for any product made on our site is void where prohibited.

6.4 We do not warrant that the quality of any products, services, information purchased or obtained by you will meet your expectations, or that any errors will be corrected.

  

7 Your account and password

7.1 You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Ambi Labs Limited cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

7.2 If you wish to reset your password, you may do so by accessing our site in the link below: www.ambiclimate.com/account/login#.

7.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

7.4 If you know or suspect that anyone other than you knows your password, you must promptly notify us at hello@ambiclimate.com.

 

8 Accuracy of Billing and Account Information

 8.1 We reserve the right to refuse any order you place with us. We may, at our absolute discretion, limit or cancel quantities purchased for every person, household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. For more detail, please see our Returns Policy.


8.2 In the event we make a change to or cancel an order, we may attempt to notify you by contacting you by e-mail or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.


8.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at the site. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiry dates, so that we can complete your transaction and contact you as needed.


9 Optional Tools

9.1 We may provide you with access to third-party tools (for example, Floship/Aftership tracking) over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” or “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

9.2 Any use by you of optional tools offered through our site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

9.3 We may also, in the future, offer new services and/or features through our site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

10 Our Intellectual property rights

10.1 All intellectual property rights subsisting in respect of the Services belong to Ambi Labs Limited or have been lawfully licensed to Ambi Labs Limited for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of our site itself or create derivative works with respect thereto, as our site is copyrighted under applicable laws.

 

11 Your Feedback

11.1 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (Feedback) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

11.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

11.3 You agree that your Feedback will not violate any right of any third-party. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

 

12 Errors, Inaccuracies and Omissions

12.1 From time to time, there may be information on our site or in the Service that contains errors, inaccuracies or omissions that may relate to product description, pricing, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

12.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

13 Limited liability and warranty

Please read this section carefully since it limits the liability of Ambi Labs Limited and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Entities of Ambi Labs Limited). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.

13.1 YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF Ambi Labs Limited MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13.2 THE ENTIRE LIABILITY OF THE ENTITIES OF Ambi Labs Limited ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

13.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF Ambi Labs Limited EXCEED THE PRICE OF THE PRODUCT YOU HAVE PAID FOR.

13.4 The Entities of Ambi Labs Limited shall not guarantee or assume any responsibility that:


(a) the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(b) the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
(d) access to the Services will be available or be uninterrupted;
(e) use of the Services will achieve any particular result; or
(f) defects in the Services will be corrected.

13.5 Without limiting the generality of the foregoing, in no event will the Entities of Ambi Labs Limited be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if any of the Entities of Ambi Labs Limited has been advised of the possibility of such loss or damages.

13.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or any website linked to it.

13.7 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements

13.8 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at hello@ambiclimate.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.

13.9 The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Hong Kong law. 

 

14 Content on the Services

14.1 All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content.

14.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

14.3 Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

14.4 The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

14.5 We may not monitor or control the content posted via the Services and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.

 

15 Content copyright policy

15.1 Ambi Labs Limited respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

15.2 We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is hello@ambiclimate.com.

 

16 Use of the Services

16.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Ambi Labs Limited its users and the public.

16.2 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

16.3 You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Ambi Labs Limited’s computer systems, or the technical delivery systems of Ambi Labs Limited’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

16.4 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

 

17 Linking to Us

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

 

18 Third party links and resources in our site

18.1 The links from the Services may take you to other sites or services and you acknowledge and agree that Ambi Labs Limited has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.

18.2 The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Ambi Labs Limited on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Ambi Labs Limited and its third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

18.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.

 

19 Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including but without limitation to legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

 

20 Severance

In the event that any provisions of these Terms of Service is determined unlawful, or void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

  

21 Several users

If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.

 

22 Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

23 Termination

23.1 The Terms of Service will continue to apply until terminated by either you or us as follows.

23.2 You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services

23.3 We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

23.4 In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.

23.5 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 5 Changes to Our Services and Prices.

 

24 Governing law and jurisdiction

These Terms of Service shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.


25 Contact information

If you have questions about the Terms of Service, please contact shopify@ambiclimate.com

Last updated: 16 October 2015