Introduction and Overview

Welcome to JRAHK. We prepared these Terms of Service to help explain your rights and our rights relating to the provision of our Services.

The JRAHK websites, including our branded website at https://jrahk.com/ (the “Sites”), related mobile applications (“Apps”), and any other sites or apps that connect to these Terms of Use, and services (collectively, the “Services”) are made available to you by JRAHK Enterprises, Inc. (herein “JRAHK,” “we,” “us,” or “our”), a corporation located at 1234 Main Street, Suite 100, New York, NY 10001, USA.

These Terms of Use (the “Terms” or the “Agreement”) form a binding legal agreement between you and JRAHK. If you are located in a jurisdiction outside the European Economic Area, by using our Services, you also accept the JRAHK Privacy Policy, as it is incorporated into and forms part of this binding Agreement.

BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, OR BY USING THE SITES OR APPS, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.

Please read this agreement carefully – it affects your rights

Arbitration, Class Action, and Jury Trial Waiver. This Agreement contains a binding arbitration agreement that limits your rights to sue in court, to file a class action, and to have disputes decided by a judge or jury, unless you opt out of arbitration.

Changes to Terms of Use

We may change, modify, or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. You acknowledge and agree that it is your responsibility to review our Sites and these Terms from time to time to familiarize yourself with any modifications.

Continued use constitutes acceptance of these terms

Your continued use of our Services, including your continued use after any changes to the Terms as noted above, will constitute acknowledgment of the new Terms and your agreement to abide and be bound by any modifications to them.

Registration and Accounts

The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Affirmative Representations

When you use the Services, you agree:

You agree that JRAHK may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or JRAHK has reasonable grounds to suspect that such Member Data is inaccurate or not current, JRAHK has the right to suspend or terminate your account and refuse current or future use of the Services.

Your Responsibilities and Security.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer, and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your User Content (as defined below), or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify JRAHK of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to JRAHK.

You may register for or log in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize JRAHK to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service.

User Content

User Content

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“User Content”), whether publicly posted, privately transmitted, or submitted through a third-party API (e.g., a photograph submitted via Instagram). Public content created by using the Services is not considered User Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any User Content and any name, username, or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you contact us in writing, as described in the “Contact Us” section below, and state that this license is revoked and that we may not use your User Content in new creations or reproductions going forward.

Your Entire Responsibility for Your User Content

You understand that you, and not JRAHK, are entirely responsible for all User Content that you upload, post, email, transmit, or otherwise make available via the Services. JRAHK does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. JRAHK may, in its sole discretion, screen, monitor, refuse, or remove any User Content, or remove any User Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will JRAHK be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available on the Services. You agree to bear all risks associated with the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content. You agree that JRAHK is not responsible for, and does not endorse, User Content posted on the Services. If your User Content violates these Terms, you may bear legal responsibility for that User Content. As between you and JRAHK, any User Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of Content.

Privacy of Your User Content Determined by Your Settings

The Services may provide you with the ability to mark certain User Content that you submit to the Services as private, public, or available only to select users of the Services. JRAHK will maintain the privacy of such User Content in accordance with your elections. However, if you do not elect to mark your User Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review the Privacy Policy on the JRAHK Site for more information on how to manage your privacy controls.

Permission to Use Your Profile Name, Likeness

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers, and other commercial contexts on the JRAHK Service without compensation to you. For example, we may show your JRAHK followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on JRAHK. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

Conduct

We expect you to honor the JRAHK Community Standards. The Sites and Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell for any commercial purposes any portion of the Services, use of the Services, or access to Content (defined in Section 4). You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

You understand that use of certain features of the Services may require you to purchase third-party equipment or materials. While JRAHK may recommend the equipment or materials of certain third-party suppliers, JRAHK shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third-party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your User Content on or through the Services does not and will not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services.

Proprietary Rights

Copyright Notice

This copyright notice applies to the entirety of the Services. All content on the Services is the sole property of JRAHK and is protected under U.S. and international copyright laws. JRAHK reserves all rights to the content contained herein. The content of this website or any Internet site owned, operated, licensed, or controlled by JRAHK may be viewed or downloaded for the user’s personal, noncommercial use only. Even for personal downloads, you may not modify the materials nor use the materials in a manner that suggests an association with any of our products, services, or brands. The content herein, including trademarks, service marks, written text, HTML or other code, images, animations, digital photographs, or other content accessible on this site, should not be reproduced, copied, distributed, posted, or used in any other way without the express written permission of JRAHK. The use of any JRAHK material on any other website or computer environment is prohibited. You may link to material on our website only with our prior written consent.

Non-User Content is the Property of JRAHK

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Sites (the “Content”) are protected intellectual property of, or used with permission or under license by us. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites and/or Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Sites and/or Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on any Site is strictly prohibited.

Your Limited License in the Sites and JRAHK Content

Subject to your compliance with this Agreement, we grant you a limited license to access and use our Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Sites or the Content.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to JRAHK a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, we ask that you not send JRAHK any Feedback that you do not wish to license to us as set forth above.

Interactions with Members; Referrals; Affiliate Progra

The Services function as a venue to connect members in a virtual information place. As a neutral facilitator, JRAHK is not directly involved in the actual interactions between members of the Services. As a result, JRAHK has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services. JRAHK shall have no responsibility to confirm the identity of members. JRAHK shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all times exercise common sense and good judgment when dealing with any member of the Services.

If you elect to use our features to inform your contacts about the Services, track your activities, or share your information with others, JRAHK may require you to provide contact information. JRAHK may contact that friend via a one-time email or text message. You represent that you are authorized to provide any third-party contact information that you provide to JRAHK, that you are authorized to use such information to contact (including for JRAHK to contact on your behalf) the third party, and that JRAHK may process it pursuant to the Privacy Policy.

Please note that we also have an Affiliate Program, which makes it easy for enthusiasts to turn their passion into commissions on qualifying sales by linking their website or app with JRAHK’s products or services. For more information or to apply, please visit https://www.jrahk.com/pages/affiliate-program.

Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections, or send similar messages and communications to third-party service providers, advertisers, your personal contacts, other members, and/or JRAHK.

By using communications methods available on the Services, you agree that:

Gift Cards

Purchasing and Using a Gift Card

On some Services, you may purchase and/or otherwise receive gift cards or gift certificates, including electronic versions of both (“Gift Cards”), through the Services. For use of Gift Cards online, redemption will result in the application of a credit to your Account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase until the Gift Card is depleted.

Not Redeemable for Cash

Gift Cards are not redeemable for cash or credit, except as required by applicable law. To make a request to redeem a Gift Card with a balance of under $10.00 in jurisdictions where permitted, please contact us as described below in the “Contact Us” section.

Lost or Stolen Gift Cards

We are not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable. We reserve the right to refuse to honor a Gift Card where we suspect that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, please contact us immediately.

Promos and Discounts; Loyalty or Rewards Program

Promos and Discounts

Our Services may advertise promotional discounts, coupon codes, and other offers to be applied upon checkout. These cannot be applied to prior or completed transactions and must be used at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes; they cannot be used by resellers, wholesalers, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.

Loyalty or Rewards Program

Some of our Sites may offer a Loyalty or Rewards Program (“Rewards Program”). If you elect to opt-in to our Rewards Program, this section applies to you, as do any terms in this Agreement corresponding to the Rewards Program.

Eligibility and Suspension

Our Rewards Program is only open to legal residents of the United States who are at least sixteen (16) years old at the time of entry. Rewards Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs. You may only participate in a Rewards Program using one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes, or ordinances. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under a Rewards Program are accrued correctly.

Termination of Rewards Program

The Rewards Programs continue until we terminate them, which we may do at any time, with or without notice to you. Upon discontinuation of any Rewards Program, you may lose all benefits under that Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Rewards Program, at our discretion, at any time. By continuing to participate in the Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the Rewards Program prior to implementation.

Disputes and Disclaimer

All questions or disputes regarding eligibility for a Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Rewards Program, will be resolved by us in accordance with the “Disputes, Arbitration, and Class Action Waiver” section. By participating, you agree that all decisions we make regarding a Rewards Program are final. The Rewards Program is subject to all applicable laws and regulations.

WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARDS PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

Terms for Purchases

Transfer of Ownership to You

Title to all products ordered by you and risk of loss to such products will transfer to you at the time JRAHK delivers such products to the applicable shipping carrier. Note, however, that if we have not received payment in full for the products prior to their delivery, then the products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the products if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the products, for any reason.

Updates to Products

We reserve the right to change any component or part of our products, or to change manufacturers of component parts without notice to you. Such changes, as well as any modification to the manufacture of our products, shall not constitute grounds for returning the product.

Product Performance

Please note that there are many factors that contribute to the actual, real-world performance of a product. Any representation we make regarding the performance of a particular product is an estimate, not a guarantee of such performance.

Alterations Void Warranty

Any alterations, modifications, or other changes made by you to a product following your purchase which affect the safety, operation, or mechanics of the product shall void any applicable product warranty and shall be at your sole risk of harm.

Financing

For qualified purchasers, products may be financed through our consumer financing partners. The necessary qualifications for financing a purchase, and your rights and obligations associated with such purchase, are solely determined by the financing partner. It is your responsibility to review and understand all terms and conditions associated with financing a purchase, and you hereby acknowledge that JRAHK is not responsible for any such financing.

Cancelations

To cancel your order, please follow these steps:

  1. Log in to your account on our website.
  2. Once logged in, navigate to the “My Account” section.
  3. Under the “Order Details” section, locate the specific order you wish to cancel.
  4. Please know that cancel requests are only available during the first 90 minutes after you placed your order.
  5. Click on the “Cancel Order” button to initiate the cancelation process.

Cancelation of Orders

Due to the speed at which we process orders (as quickly as possible), you must cancel your order within 90 minutes of placing your order. If you do not cancel your order within 90 minutes of placing the order, we cannot change it. Please make your selections carefully and reach out to our team for guidance to ensure you are choosing the right item.

If more than 90 minutes have passed since you placed your order, we cannot cancel your order. Please see our Return Policy in Section 12 below for return terms and instructions to send an order back for a refund, if desired.

Shop Pay Installments

If you purchased using Shop Pay installments, it can take a full 30 days for the authorized charge to drop off of your credit card statement. If it has been 30 days, please reach out to customer service.

Card Processing Fee

If you ask us to cancel an order after we have captured funds from your credit/debit card (or after we’ve captured funds from your PayPal account or have financed your purchase through Affirm), 2.5% will be withheld from your refund to cover the cost of merchant card processing, which we do not recover when issuing a refund for a canceled order.

Shipping

Current processing times:

Email Confirmation

A shipping confirmation email will be sent to the email address attached to your order once the order has shipped. Please note that for any third-party shipping outside of JRAHK’s normal shipping process, JRAHK cannot provide ANY additional shipping information or documentation.

Shipping Costs

We are pleased to offer completely free shipping on purchases of $100 or more to addresses in the 48 continental United States. Shipping to destinations outside the 48 continental United States is based on package weight and size.

Addresses to Which We Ship

We ship to addresses in the 48 continental U.S. states.

Shipping Carriers

JRAHK ships using FedEx and USPS, based on the size/weight of your order and your delivery address. We’ll ship your order in a single box whenever possible, but occasionally we’ll need to send multiple shipments: for example, if you’ve ordered several large/bulky items.

Signature Required for Certain Shipments

By law, a signature may be required for certain shipments, depending on the contents and applicable regulations.

No Responsibility for Loss, Theft, or Damage

Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of FedEx or any other parcel service.

Address Changes

We do not change addresses on any order. If you have made a mistake, the order will need to be canceled, refused, or returned to sender (please see Returned to Sender/Refusal Fee). Once we receive the item or items back, we will refund you in 3-5 business days.

Refused Shipments/Return to Sender – Flat Fee

If you refuse delivery of an order that you asked us to ship to you, we reserve the right to charge a flat fee of $250 per product to partially cover our shipping costs. We cannot change, intercept, or cancel orders that have already shipped. If you refuse delivery, we will treat your order as a return if it arrives back to us and issue a refund for the purchase price via your original payment method, less $250. Please note, in order to receive a refund, you must notify JRAHK of any shipment refusal. Failure to do so will cause a significant delay in the receipt of your refund for any refused items.

Missing Items

If you have not received something you ordered from JRAHK within 30 days from the delivery date, we encourage you to contact us as soon as possible. If you do not reach out to us within 30 days of placing the order, we will assume that you have received all of your items and will not keep a record of the shipping information. To ensure that we can assist you effectively, please provide us with your order number and any other relevant information when contacting us.

Our customer service team will investigate the matter promptly and take the appropriate action. If we determine that the item was not shipped, we will send a new order to you as soon as possible with the missing item. If the item is out of stock, we will issue a full refund for the item(s) in question.

Return Policy; Restocking Fees

Returns, Refunds, and Restocking Fees

JRAHK believes in the quality of its products and wants you to shop with confidence. Please read the following carefully to understand our returns and restocking fee policy applicable to all products sold by JRAHK. Purchases made between November 21st and December 24th can be returned until January 6th of the following year. Please note, the item needs to be in new and unused condition to qualify for a full refund with no restocking fee, less shipping charges.

Returns of New and Unused Items (Within 14 Days)

You may return any new and unused item within 14 days of delivery for a full refund, minus shipping costs. Once the item is received and inspected at our HQ, your refund will be processed within 7 business days using your original payment method. Return shipping fees are $125 for large products and $15 for other products, unless the return is due to a shipping error. No restocking fee applies.

Returns of Used Items

Any items returned in a used condition may be returned within 14 days from the delivery date, subject to the return shipping charges and a restocking fee in the amount of fifty percent (50%) of the purchase price. Items must be free of any damage.

Return Shipping Costs

You will be responsible for your own shipping costs for returning your item. Shipping costs are non-refundable.

Returns Mechanics, COD, and Timing

Please use our return portal located here. We will notify you at the email address on file when we process your return. Return material authorizations are required to make a return. Most refunds show up to your payment card or payment account within 72 hours of processing (or on your next paper statement); the timeframe for refunds depends on your financial institution. JRAHK does not accept shipments sent cash on delivery (COD).

No Third-Party Returns

Please note that each of our partners sets their own return and exchange policies and procedures. We do not accept returns of items purchased from third-party retailers, and our return policy is not honored anywhere but JRAHK.com. Please contact the place of purchase to discuss their return policy.

Refused Shipments – Flat Fee

If you refuse delivery of an order that you asked us to ship to you, we reserve the right to charge a flat fee of $250 per product to partially cover our shipping costs. We cannot change, intercept, or cancel orders that have already shipped. If you refuse delivery, we will treat your order as a return, once inspected we will issue a refund and it will be processed within 7 business days using your original payment method for the purchase price via your original payment method, less $250. Please note, in order to receive a refund, you must notify JRAHK of any shipment refusal. Failure to do so will cause a significant delay in the receipt of your refund for any refused items.

Updates and Upgrades

From time to time, JRAHK may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the Site or the App. These updates may result in the Services being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw, or disable the App for longer periods while we deploy these updates and upgrades. We will always try to give you notice of this, but it may not be possible in all cases (for example, for reasons beyond our control, or if there is an emergency security issue). The default setting in the App is that these updates and upgrades will automatically be deployed. You may turn this setting off via the App ‘settings’, although we would always recommend that you have the latest version of the App installed. If you do not install any update or upgrade, then all of the functionality and features of the App may not be available to you.

Location Services

You will need to have location services enabled on your device(s) to be able to use many of the App’s features. When location services are on, the App may also collect and use data about your location to provide you with relevant information. You may turn this feature off in your device’s settings; however, if you do so, some of the App’s functionality and features will no longer be available to you. Please see our Privacy Policy for more information on how we collect and use data about your location.

Our Management of the Service; User Misconduct

Our Right to Manage the Service

We reserve the right, but do not undertake the obligation to: (A) monitor or review the Services for violations of these Terms and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (C) refuse, restrict access to, or the availability of, or remove, delete, edit, or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services; and/or (E) terminate or block your use of the Service for violating these Terms.

Our Right to Terminate Users

You agree that JRAHK may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies, or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files, and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in JRAHK’s sole discretion and that JRAHK shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: “User Content”, “Proprietary Rights,” “Disclaimer of Warranties and Liability,” “Indemnity,” “Choice of Laws,” and “General.”

Disclaimer of Warranties and Liability

The Website and Services are provided on an “as is” basis

Any information, software, services, and content provided through the service are offered to you “as is,” without any form of warranty. JRAHK and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors hereby disclaim all warranties, express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

JRAHK and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors do not warrant that:
(A) the services will meet your requirements;
(B) the content will be available or the services will be uninterrupted, timely, secure, or error-free;
(C) the results obtained from using the services will be accurate or reliable;
(D) the quality of any products, services, information, or other materials purchased or obtained by you through the services will meet your expectations; or
(E) any errors in the services will be corrected.

Comply with the law

You are solely responsible for complying with all laws and regulations relating to the purchase or use of products or services. We are not responsible for advising you regarding the laws and regulations in your jurisdiction or any other jurisdiction relating to the purchase or use of products or services. You are solely responsible for complying with all relevant requirements.

No medical advice

You expressly agree that JRAHK does not provide medical advice through the Services. The content available through the Services, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or other account holders or third parties, is not intended to, and should not be used as a substitute for, (A) the advice of your physician or other medical professional, (B) a visit, call, or consultation with your physician or other medical professional, or (C) the information on or contained in any product packaging or labeling. If you have any health-related questions, please call or consult your physician or other healthcare provider immediately. If you have an emergency, please call your physician or dial 911 immediately. You should never disregard medical advice or delay seeking medical attention because of any content presented on the Services, and you should not use the Services or any content on the Services for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or any communication via the internet, email, or otherwise, does not constitute or create a physician-patient, therapist-patient, or other healthcare professional relationship between you and JRAHK.

Risks inherent in the activity

You expressly agree that your activities (including but not limited to the use of our products or services) carry certain inherent and substantial risks of property damage, personal injury, or death, and that you voluntarily assume all known and unknown risks associated with such activities, even if such risks are caused in whole or in part by the acts, omissions, or negligence of JRAHK or the acts, omissions, or negligence of others.

We are not responsible for any challenges or competitions.

You expressly agree that JRAHK assumes no responsibility for the inspection, supervision, preparation or conduct of any event, activity or group activity using the Services, including any event organized by a Club Administrator.

Waiver of liability for event-related injuries

You expressly agree to release JRAHK, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors (the “Released Parties”) from any and all liability related to your activities and/or use of the JRAHK website, mobile application, content, services, or products, and covenant not to sue the Released Parties for any claims, actions, injuries, damages, or losses related to such use. You also agree that in no event will the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in connection with: (A) your use or misuse of the Services; (B) your use or misuse of equipment or programming created or licensed by JRAHK; (C) your dealings with third-party service providers or advertisers available through the Services; (D) any delays or inability to use the Services you experience; or (E) through the Services, whether based on contract, tort, strict liability, or otherwise, even if JRAHK has been advised of the possibility of damages.

Because some states/jurisdictions do not allow some or all of the above exclusions or limitations of liability, such as the exclusion of consequential or incidental damages, some of the above limitations or exclusions may not apply to you.
In executing this release, you acknowledge that you have read and understood, and hereby expressly waive any warranties provided by the general release, namely that the general release does not apply to claims in favor of the creditor that were unknown or unsuspected at the time of executing this release.

JRAHK does not endorse your User Content or the Content of any other Member and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or other type), injury, claim, liability or other cause of any kind or nature incurred as a result of any Content on the Service.

Maximum aggregate liability not exceeding $50

The Company’s maximum aggregate liability to you under these Terms shall not exceed the greater of (A) fifty U.S. dollars ($50) or (B) the amount of fees paid by you to JRAHK in the 12 months preceding the date of your claim.

Indemnity

You agree to indemnify and hold JRAHK, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors harmless from any third party claims arising out of or relating to Content you submit, post, transmit, or otherwise attempt to make available through the Services, your use of the Services, your activity with respect to Content you post or attempt to post on the Services, your connection to the Services, your breach of the Terms, your violation of any data protection or privacy law, or your violation of the rights of any other person or entity. The above indemnification does not alter your rights against JRAHK if the laws of your country of residence (which apply to your use of our Services) do not permit such use.

Third Parties

Third-party products and services made available on our Sites and Apps are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with JRAHK. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services.

You agree that JRAHK is not responsible or liable for any loss or damage incurred as the result of any dealings you enter into with third-party service providers or advertisers through the Service.

You agree that your use of third-party websites, applications, services, and resources (including, without limitation, your use of any content, information, data, advertising, products, or other materials on or through such third parties) is at your own risk and subject to the terms and conditions of use applicable to such websites and resources. You acknowledge and agree that JRAHK is not responsible for the availability of such external websites, services, products, or resources.

Dispute Resolution

Please read the following terms carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and has very limited review authority. You may choose to hire an attorney in arbitration, or not. This arbitration clause survives any termination of this Agreement.

Initial Dispute Resolution

Customer Service can be contacted here to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration

Except for disputes relating to JRAHK’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to these Terms of Service (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS and conducted under The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“JAMS Rules”) then in effect at the time of the dispute. You may obtain copies of the JAMS Rules and forms and instructions for initiating arbitration by visiting the JAMS website at www.jamsadr.us. If for any reason JAMS is unavailable, the parties shall mutually select another arbitration forum.

The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, JRAHK will pay the additional cost. You and JRAHK hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if JRAHK is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.

Waiver of Jury Trial

The parties understand that, absent this mandatory provision, both you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery in arbitration may be more limited than in court.

Waiver of class action lawsuits

The parties further agree that any arbitration shall be conducted only in their individual capacities and not as a class action or other representative proceeding. If any court or arbitrator decides that the class action waiver set forth in this section is invalid or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the entirety of this arbitration provision shall be deemed null and void, and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: JRAHK, Inc., Attn: Legal Department, 1234 Main Street, Suite 100, New York, NY 10001, USA. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, JRAHK also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, JRAHK may terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with JRAHK and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union, in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.

Choice of Law and Forum

Any action relating to the Terms, Content, Services, and your relationship with JRAHK shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles, and specifically not governed by the United Nations Convention on Contracts for the International Sale of Goods (if otherwise applicable).

Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts in New York, New York, and you consent to the exclusive jurisdiction of the federal or state courts in New York, New York. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.

Notice to New York Residents

Under applicable New York law, New York residents are entitled to specific consumer rights information. The provider of the Services is JRAHK Enterprises, Inc., 1234 Main Street, Suite 100, New York, NY 10001. To file a complaint regarding the Services or to receive further information regarding use of the Site, send a letter to the above address or contact us (with “New York Resident Request” as the Subject Line). You may also contact the relevant consumer protection authority in New York.

Notice to New Jersey Residents

If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following provisions of this Agreement do not apply to you and do not limit any rights that you may have: (a) Disclaimer of Warranty; (b) Disclaimer of Damages; (c) Limitation of Liability and Exclusive Remedy; (d) Disputes, the Arbitration and Class Action Waiver, (e) Indemnification; and (f) the Governing Law and Rules provisions.

International Users; Operations in the U.S. and Canada

The Services are controlled by JRAHK from its offices within the United States of America. Likewise, our Sites and/or Services are only offered in the United States and Canada. As such, each claim or statement about our Sites and/or Services, and products, is expressly limited to the United States and Canada, unless otherwise disclosed.

We do not represent or warrant that any of our services, including our websites and mobile applications, or any portion thereof, are appropriate or available for use in any particular jurisdiction outside the United States.

For Canadian residents

If you are a resident of a designated jurisdiction or to the extent required by applicable law, the following terms and conditions apply to you and supersede any conflicting terms in the Agreement:

FOR RESIDENTS OF THE EUROPEAN UNION:

For UK residents:

DMCA – Copyright Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. JRAHK also reviews claims of trademark infringement. If you believe in good faith that materials hosted by JRAHK infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow JRAHK to locate the material on the Services;
(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;
(e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that JRAHK will not respond to complaints that do not meet these requirements. If JRAHK determines that the materials alleged to infringe your copyright or trademark rights do not require removal, JRAHK will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which JRAHK may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.

U.S. Export Controls

Certain software from the Services may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export (1) into (or to a national or resident of) Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software, you agree to abide by the laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act applicable to such download or use and not to transfer, by electronic transmission or otherwise, any content derived from us to either a foreign national or a foreign destination in violation of any such laws.

Promotions

JRAHK will honor site-wide prices on orders placed within 14 days of the start of the promotion. Please submit your information in order to receive your promotional item within 30 days of your receipt or order date. If submitted after 30 days, we will not be honoring the promotion. For those who bought directly from JRAHK.com, the promotion should have seamlessly integrated into your cart during checkout. To expedite the approval of your promotion request, please double-check and accurately input your information. Additionally, attach your purchase receipt for a smoother process. Expect the distribution of promotional items to be sent to the address you provided at submission. Once the submission is approved by our team, you will be sent an order confirmation to the email provided at submission. To submit a request, please visit our gift redemption page.

Purchases from third-party retailers are NOT eligible for promotional items.
All promotions are final and cannot be exchanged or refunded once confirmed. Promotional items are not returnable or exchangeable.

General

No Waiver

JRAHK’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants, and restrictions will remain in full force and effect. You and JRAHK intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and JRAHK agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.

Assignment

JRAHK may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of JRAHK’s successors and assigns. JRAHK shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer, or sublicense your rights (if any).

Force Majeure

Neither party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures, or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

Entire Agreement

These Terms (including any incorporated terms) constitute the entire agreement between you and JRAHK with respect to the Services. Both you and JRAHK warrant to each other that, in entering this Agreement, neither JRAHK nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms). The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law.

No Third Party Beneficiaries

No one other than you and JRAHK, or JRAHK’s successors and assigns, will have any right to enforce these Terms.

Headings Have No Legal Effect

Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Contact Us

If you have questions about this Agreement, or if you have technical questions about the operation of our Services, please contact us: