Terms of Service
Last Updated: September 18,2025
OVERVIEW
These terms of service (the ) govern and apply to anyone accessing or using the Aiper website located at: https://aiper.com (the ), and any associated websites, mobile sites, applications, products, software and other services or Materials (as defined below) (collectively, the ) that may refer to these Terms. These Terms apply to any use of the Services.
The Services are owned and operated by Aiper Global PTE. Ltd. and its affiliates and/or subsidiaries (collectively, , , , or ). As part of the Services, you may have access to various information, tools, and services available from the Website and any associated websites, mobile sites, applications, products, software and other services (collectively, the ). Your access to and use of the Services, including any Materials, is subject to and conditioned upon your acceptance of all terms, conditions, policies and notices stated or referenced in these Terms.
Aiper reserves the right to modify these Terms at any time without such notice, and such changes shall be deemed effective immediately upon posting of the modified Terms. You should regularly review these Terms to ensure that you are aware of, understand and accept any changes made. Your continued use of the Services following the posting of changes to these Terms will indicate your acceptance those changes.
SECTION 1. GENERAL
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. OUR SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF EIGHTEEN (18). IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONAL INFORMATION. IF YOU ARE A RESIDENT OF THE UNITED STATES, PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A LIMIT ON YOUR LEGAL REMEDIES, INCLUDING MANDATORY ARBITRATION, JURY TRIAL WAIVER, A CLASS ACTION WAIVER, AND LIMITATION OF LIABILITY. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE. YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THESE TERMS IF (1) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AIPER; OR (2) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU USE THE SERVICES.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to our Website or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
Please note that certain services linked to our Website may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and the separate terms and conditions, such separate terms and conditions shall control.
SECTION 2. ACCESSING OUR WEBSITE AND RESTRICTIONS
The Website is not directed at minors. By agreeing to these Terms, you expressly confirm that you are of legal age dictated by your jurisdiction to visit the Website and are of legal age to make, if any, purchases on the Website, or you have the authority from a person of legal age to use and make purchases on the Website.
You may not use the Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). Any breach or violation of any of the Terms will result in an immediate termination of your use of the Services.
SECTION 3. ACCOUNT CREATION AND UPGRADES
You may be required to establish an Aiper account prior to utilizing or obtaining certain Services or Materials. If you choose to register for an Aiper account, you agree to: (a) provide true, accurate, current, and complete account registration information about yourself as prompted by the Services; (b) not impersonate another person or publish any information in the name of others; and (c) maintain and promptly update such registration information to keep it true, accurate, current, and complete. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if Aiper has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Aiper has the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services (or any portion thereof). You further acknowledge and agree that Aiper may from time to time automatically install upgrades, updates, or enhancements to its Services (the “upgrades”) without prior notice to you, and such upgrades are subject to these Terms. If you are residing in the EU, Aiper may install such upgrades for valid reasons; valid reasons include: (i) ensuring / enhancing security of the Services (ii) ensuring continued conformity of the Services, and (iii) improving the Services.
You may choose to create a username, password and/or account designation () in order to make purchases or otherwise use the Services. If you choose to create Account Credentials, you are responsible for maintaining the confidentiality of your Account Credentials, and are fully responsible for any and all interactions and activity when you, or any third, party access the Services using your Account Credentials. If you allow third parties to access the Services through use of your Account Credentials, you agree to indemnify, defend and hold harmless Aiper and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Aiper of any unauthorized use of your Account Credentials or any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. Aiper cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
If you believe that your Account Credentials may have been compromised and/or used illegally by others, you can contact Aiper customer service at https://aiper.com/au/contact-us as soon as you notice the illegal use, in order to inform the relevant situation and submit all related evidence proving that the account belongs to you. Following confirmation of these facts, Aiper may freeze your Aiper account and provide you with instructions to reactivate your account.
SECTION 4. LOYALTY PROGRAM (AIPERPOINTS REWARDS PROGRAM)
Aiper offers a loyalty program to our customers (the ) in some regions. Participation in the AiperPoints program is subject to separate terms and conditions, which are available at: https://aiper.store/au/aiperpoints-terms-and-conditions. By becoming a member of the AiperPoints Program, you agree to be bound by those separate terms and conditions, as they may be updated from time to time. In the event of any conflict between these Terms and the AiperPoints Program terms and conditions, the AiperPoints Programs terms and conditions will govern your participation in the AiperPoints Program.
SECTION 5. CREDIT CARD POLICY
Your telephone or online order is an offer to buy from Aiper. Aiper reserves the right not to accept an order at its sole discretion. Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by Aiper and does not constitute acceptance of your order.
Aiper reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card has been charged.
Although we try to accept all orders, sometimes this might not be possible. If your order is declined or cancelled by us after your credit card has been charged for the purchase, we will promptly issue a refund to your original payment method. Payment for the goods you order are payable by the payment methods listed on our Website.
The billing address you use when placing your order must match what the respective credit card company has on file. If not, your order will not be processed due to safety and security measures that we have in place for our credit card transaction processing.
SECTION 6. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We attempt to ensure that the information provided through the Services is complete, accurate and current. Except as prohibited by applicable law, we make no representation and are not responsible for or as to the completeness, accuracy or currency of any information provided through the Services. Any information provided on our Website is for information purposes only. It should not be relied upon or used as the sole basis for making decisions without consultation, more accurate, more complete, or more timely sources of information. Any reliance on the material on our Website is at your own risk.
SECTION 7. PRODUCT PRICING; INFORMATION; AND OPERATING SAFETY
We strive to use our best efforts to fulfill all orders, but cannot guarantee the availability of any particular product displayed through the Services. Aiper reserves the right at any time to modify or discontinue the sale of any product listed through the Services without notice to you. We also reserve the right to limit quantities of purchases to the amount reasonable for our regular customers. Prices displayed on our Website may differ from those displayed on our mobile sites, applications, catalogs or marketing communications.
By operating any Aiper product, you agree to follow the instructions provided in the applicable product manual. Use common sense and protect yourself from ordinary and extraordinary hazards when using our products.
SECTION 8. COLORS
Aiper attempts to display the colors of our products, as they appear on the Website as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate depiction of the color of the color of the product you selected to purchase. Additionally, variations in color in website and marketing content may occur due to differences in photography, creative styling, and lighting conditions. In the event of a disagreement regarding the color of a product, you have the right to return the product in accordance with our Return Policy; provided, however, that such return must be initiated within the timeframe specified in the Return Policy and the product is returned in its original condition and packaging.
SECTION 9. USER GENERATED CONTENT (RATINGS, REVIEWS, AND FEEDBACK)
1. Ratings and Review
Following verified purchases, you may be asked to review or rate the following: (i) your Aiper product(s) purchased, or (ii) your related Aiper service experience. You may submit ratings and reviews by creating an Aiper account and logging in to your Aiper Account.
By submitting any ratings or reviews to Aiper you represent and warrant that: (i) You are the sole author and owner of the intellectual property rights thereto; (ii) all "moral rights" that you may have in such ratings or reviews have been voluntarily waived by you; (iii) all ratings or reviews you submit are accurate; (iv) you are at least the age of majority in the jurisdiction in which you reside; and (v) use of the ratings or reviews you supply does not violate this Section or Aiper’s Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any ratings or reviews: (i) that are known by you to be false, inaccurate or misleading; (ii) that infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) that violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) that are, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (v) for which you were compensated or granted any consideration by any third party; (vi) that include any information that references other websites, addresses, email addresses, contact information or phone numbers; or (vii) that contain any computer viruses, worms or other potentially damaging computer programs or files.
2. Feedback
We welcome and value feedback from our customers regarding our products, Services, and Website. By submitting any feedback, suggestions, ideas, or other information related to our company or offerings (), you agree to the following terms:
1. Non-Confidentiality: All Feedback you provide to us will be considered non-confidential and non-proprietary. We are under no obligation to keep any Feedback you submit confidential or to take steps to ensure its confidentiality.
2. License to Use Feedback: By submitting Feedback, you grant Aiper a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any form and for any purpose, including but not limited to improving our products and services, without any compensation or acknowledgment to you, subject to mandatory limitations under applicable law.
3. No Obligation to Act: While we appreciate your input, we are not obligated to review, implement, or respond to any Feedback. We reserve the right to use or disregard any Feedback at our sole discretion.
4. Representations: By submitting Feedback, you represent and warrant that (i) you have the right to provide the Feedback; (ii) the Feedback does not violate the rights of any third party; and (iii) your Feedback does not contain any confidential or proprietary information of third parties.
If you do not agree to these terms, please do not submit any Feedback to us.
SECTION 10. THIRD-PARTY LINKS
The Services or Materials may contain links or references to websites, platforms, and applications maintained, controlled or owned by third parties () over which Aiper has no control. Those Third Party Sites may collect and use data from you such as content or personal information. Any content or personal information you provide when using those Third Party Sites is subject to the terms and conditions and privacy policies of those Third Party Sites. Inclusion of any link to Third Party Sites within the Services does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by Aiper. Aiper makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such Third Party Sites and shall have no liability for any damages or injuries of any kind arising from the use of such Third Party Sites or any content or information contained in such Third Party Sites.
SECTION 11. PRIVACY
Aiper takes the privacy of our customers very seriously. Your use of the Services is subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal information and other information about you will be handled. By accepting these Terms you are also accepting the terms of the Privacy Policy, which are incorporated herein by reference for all applicable purposes.
If you are residing in the EU, by accepting these Terms you are not accepting the terms of the Privacy Policy. The Privacy Policy is provided for information purposes only and does not form part of any legally binding agreement between Aiper and you.
SECTION 12. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, 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 Services or related website is inaccurate without prior notice (including after submitting your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or related website has been modified or updated.
SECTION 13. PROHIBITED USES OF THE WEBSITE
In addition to other prohibitions as outlined in the Terms, you are prohibited from using our Website, Services or Aiper Intellectual Property (as defined in Section 15 (Aiper Intellectual Property) in the following manners:
1 For any unlawful purpose;
2 To solicit others to perform or participate in any unlawful acts;
3 To violate applicable international, federal, provincial, or state regulations, rules, laws, or local ordinances;
4 To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5 To post or transmit any content that is objectionable, offensive, unlawful, abusive, insulting, discriminatory, or otherwise inappropriate;
6 To submit false or misleading information;
7 To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related website, other websites, or the Internet;
8 To collect or track the personal data of others;
9 To spam, phish, pharm, pretext, spider, crawl, or scrape;
10 For any obscene or immoral purpose; or
11 To interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.
We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses mentioned in these Terms.
SECTION 14. DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
DMCA Notice - Notice & Procedure for Making Claims of Copyright Infringement
Aiper’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Copyright-infringing materials found on the Website can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Aiper’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Aiper that your copyrighted material has been infringed. Aiper does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Aiper will respond by either taking down the allegedly infringing content or blocking access to it. Aiper may contact the notice provider to request additional information. Under the DMCA, Aiper is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Aiper a counter-notification. Notices and counter-notices are legal notices distinct from regular Website activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
2. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide reasonably sufficient information to enable us to locate the item on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: "I 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";
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:
ATTENTION LEGAL DEPARTMENT, AIPER GLOBAL PTE. LTD.,
60 PAYA LEBAR ROAD #12-03, PAYA LEBAR SQUARE SINGAPORE
Or
SECTION 15. AIPER INTELLECTUAL PROPERTY
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services and Materials existing now or in the future including but not limited to computer programs, names, designs, page headers, button icons, scripts and service names, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the ), are the property of one or more Aiper entities. All elements of the Services, including without limitation the general design and the Aiper Intellectual Property, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which they are being made available.
Images of people or places displayed on the Services are either the property of, or used with permission by Aiper. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
A single copy of the Materials may be downloaded or otherwise copied from the Services for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission or distribution of any part of the Services in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Services. Modification of the Materials or use of the Materials for any other purpose is a violation of Aiper’s copyright and other proprietary rights. Aiper neither warrants nor represents that your use of Materials will not infringe the rights of third parties not owned by or affiliated with Aiper.
SECTION 16. DISCLAIMER OF WARRANTIES AND RELEASE
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, AIPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) AIPER MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIPER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. AIPER DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, AIPER SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES.
SECTION 17. LIMITATION OF LIABILITY
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AIPER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
If you are residing in the EU, the above clauses on limitation of liability shall not apply to you. Instead, the following limitation of liability clause shall apply:
a) Aiper shall be liable without limitation if damage is caused by an intentional or gross negligent breach of duty by Aiper or one of its legal representatives or vicarious agents.
b) In addition, Aiper shall be liable for slight negligent breach of essential obligations. Essential are those obligations the breach of which puts at risk the achievement of the contractual purpose, or the performance of which enables the fulfilment of the contract and is regularly trusted on by you.
c) In case of slight negligent breach of essential obligations, Aiper however shall be liable only for foreseeable damage typical of the contract. Aiper shall not be liable for slight negligent breach of any other obligations than essential obligations.
d) The aforementioned limitations of liability shall not apply for any damage from injury to life, body or health, for a defect after a guarantee for the condition of the product or for fraudulently concealed defects. The liability under the national provisions on product liability shall remain unaffected.
e) To the extent the liability of Aiper is excluded or limited, such exclusion or limitation shall apply also to the employees, legal representatives or vicarious agents of Aiper.
SECTION 18. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aiper and our parent company, subsidiaries, affiliates, partners, shareholders, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees and agents harmless from and against all demands, claim, liabilities, judgments, fines, interest, penalties, damages, costs or expenses, including reasonable attorneys’ fees, made by any third party due to or arising from or out of (i) your breach of these Terms; (ii) your online conduct and use of the Services and Materials; (iii) your violation, breach or alleged breach of these Terms; (iv) your failure to comply with any applicable laws or regulations; (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, including without limitation, copyright and trademark infringement, obscene or indecent postings, and online defamation; or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You will be required to completely and fully indemnify Aiper for its losses.
If you are residing in the EU, the above clauses of this Section 18 on indemnification shall not apply to you. Instead, the following clause on indemnification shall apply:
To the extent you are liable to Aiper, you shall be obliged to indemnify Aiper.
SECTION 19. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20. MODIFICATION AND TERMINATION
Aiper may at any time: (i) modify or discontinue any part of the Website; (ii) charge, modify or waive fees required to use the Website; or (iii) offer opportunities to some or all Website users. Aiper reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current Terms. You can determine when these Terms were last revised by referring to the "Last Updated" legend at the top of these Terms. Your continued use of the Website will indicate your acceptance of the current Terms; however, any change to these Terms after your last usage of the Website will not be applied retroactively. Aiper reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website (i) if you violate any of these Terms, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Website will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
SECTION 21. ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on our Website or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 22. GOVERNING LANGUAGE
It is the express wish of the parties that these Terms be drawn up in English. In the event of any inconsistency, discrepancy or conflict between the English version of these Terms and their translation in another language, the English version shall prevail.
SECTION 23. GOVERNING LAW AND DISPUTE RESOLUTION
Please read this Section 23 (Governing Law and Dispute Resolution) carefully as it applies to you to the extent your usual place of residence permits binding arbitration in contracts between parties and may affect rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This Section 23 (Governing Law and Dispute Resolution) shall survive termination of these Terms.
1. Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, your use of our Services, and your relationship with us. Any dispute or claim arising out of or relating to these Terms, including issues of validity, termination, and/or arbitrability, as well as use of the Services and your relationship with Aiper or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.
2. Arbitration Procedures
a. Informal Dispute Procedures
For all disputes, whether pursued in court or arbitration, you must first send a letter (by first class or registered mail) with a written description of your claim to our Legal department Attn: Legal Dept., at [email protected] to allow us an opportunity to resolve the dispute (). You and Aiper each agree to negotiate your claim in good faith. Both you and Aiper agree that the dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days from the date we receive the claim notice.
To the extent you cannot resolve any dispute through the informal dispute resolution procedure described above, a dispute shall be resolved through binding individual arbitration. You agree that the arbitration of any dispute or claim shall be conducted in accordance with the Commercial Rules of the American Arbitration Association ("AAA"), as modified by these Terms and Conditions. The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at (800) 778-7879. You and Aiper agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. The seat, or legal place, of any arbitration will be Georgia, United States, but hearings may be held in a reasonably convenient location in the jurisdiction in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
b. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by AAA Rules. Each party will bear the filing fees, fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under USD $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, bad faith or with an improper purpose, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
3. Class Action Waiver and Jury Waiver
You may only bring claims in your individual capacity and on your own behalf, and no claims you bring may be joined or consolidated with any claims brought by any other party, without the written consent of all parties, regardless of venue. You further understand that by agreeing to these Terms, you expressly waive your right to a jury trial, to participate in or bring class, collective, or mass action, private attorney general action, or any other proceeding brought against us by someone else.
4. Clause for European Union (EU)
If you are residing in the EU, Sections 23 (a) through (c) shall not apply for purposes of governing law.
Instead, the following clause on governing law shall apply: These Terms shall be governed by and construed in accordance with the laws of Germany. The law of your place of residence shall apply to the extent that the mandatory law of your place of residence is more favorable than the laws of Germany.
You submit to binding arbitration pursuant to the Arbitration Agreement in this Section 23, unless under local laws of an EU Member State such arbitration agreement would be unenforceable.
SECTION 24. CONTACT INFORMATION
For questions about these Terms, please contact Aiper customer service at https://aiper.com/au/contact-us.