Terms and Conditions[Last Updated June 19th, 2018] Welcome to CosplaySpa. The CosplaySpa.com website, CosplaySpa mobile apps, and our mobile CosplaySpa site are collectively the “Zendrian Properties” and each individually is a “Zendrian Property.” By using any Zendrian Property and its related services, products, and software, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Zendrian Property. Additional or separate terms may apply to your interactions with other Zendrian websites, and to your use of individual services or features available on a Zendrian Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to ” Zendrian,” ” Zendrian Enhanced,” “Techy/Trendy,” “Tech Up. Trend Up.,” “our,” “we,” or “us” may refer to Zendrian Asia Limited, and their affiliates, subsidiaries, and designees. We may make changes to any Zendrian Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Zendrian Properties.
Use of the Zendrian Properties
By agreeing to these Terms of Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Zendrian Properties, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to all Zendrian Properties.
Information on Our Site
We try to be as accurate as possible with the information we present on the Zendrian Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Prices and promotions are subject to change, and may vary from those offered in our stores or other online marketplaces on which we sell. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Paying for Your Order
Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability. However, we may pre-authorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we’ll debit your card when you place the pre-order. For special delivery items, we’ll charge your payment method when you confirm a delivery time. For digital items, we’ll charge your payment method when you initiate the download of the product or the product is placed in your account and available for use.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
All content included on or comprising the Zendrian Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Zendrian owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Zendrian logos and other trademarks on the Zendrian Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Zendrian and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the Zendrian Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Zendrian a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Zendrian to feature, text and images shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™). You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide the Zendrian Copyright Agent with the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Zendrian designated agent to receive notifications of claimed infringement can be reached by:
Mail: DMCA Agent CosplaySpa, 340 S LEMON AVE 9110 WALNUT CA 91789 USA
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
ZENDRIAN PROVIDES THE ZENDRIAN PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE ZENDRIAN PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY ZENDRIAN PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A ZENDRIAN PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZENDRIAN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY ZENDRIAN PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A ZENDRIAN PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A ZENDRIAN PROPERTY OR ZENDRIAN GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
Certain software or other materials (“Software”) that you may obtain through the Zendrian Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Zendrian Properties only for lawful purposes. Activities including, but not limited to, tampering with any Zendrian Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Zendrian Properties are prohibited.
You may not violate or attempt to violate the security of the Zendrian Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Zendrian Property for unintended purposes or trying to change the behavior of any Zendrian Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Zendrian Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Zendrian (impersonating Zendrian) or to any Zendrian Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of Zendrian, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Zendrian Property or any activity being conducted on any Zendrian Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Zendrian Property other than the search engine and search agents we provide and generally publicly available browsers.
You and Zendrian each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by Zendrian, whether in store, on a marketplace, in your home, over the phone, or online, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery, installation, and any communication, by whatever means, between you and Zendrian, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court’s authority are exempt from this dispute resolution provision, so long as they are brought individually.
BY AGREEING TO ARBITRATION, YOU AND ZENDRIAN UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the Hong Kong International Arbitration Centre (HKIAC) describing your claim and serve a copy of the demand on our registered agent Zendrian Asia Limited c/o ONEIBC Unit 1411, 14/Floor, Cosco Tower, 183 Queen’s Road Central, Sheung Wan, Hong Kong.
The arbitration will be conducted by the HKIAC under its rules, including the HKIAC’s Supplementary Procedures for Consumer-Related Disputes. The HKIAC’s rules and the form for filing an arbitration claim are available at www.hkiac.com Payment of all filing, administration and arbitrator fees will be governed by the HKIAC’s rules. We will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, Zendrian will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we provide you access to Zendrian Properties shall be governed by and construed in accordance with the laws of Hong Kong.
The following policies also govern your use of the Zendrian Properties and are incorporated by reference into the Terms:
- Returns and Warranty Policy
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Zendrian Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Zendrian Property at any time without prior notice.