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General Terms and Conditions
Effective Date: March 7, 2024
These General Terms and Conditions (“Terms”) govern the relationship between Asita41 (“we,” “our,” or “the Platform”) and users (“you,” “your”) of our services, including the booking of business support services (inspections, interpreting, sourcing assistance) and bleisure activities (business-integrated leisure experiences) via our website, mobile app, or other platforms (collectively, “Services”).
By using our Services, you agree to these Terms. If you do not agree, do not use our Services.
1. Definitions
- “User”: Any individual or entity booking Services through Asita41, including but not limited to business representatives, travelers, or their authorized agents.
- “Services”: All offerings provided via Asita41, including factory/product inspections, multilingual interpreting, trade show support, bleisure activities, and related logistics.
- “Service Provider”: Third-party professionals (e.g., inspectors, interpreters, tour guides) or entities contracted by Asita41 to deliver Services.
- “Booking”: A confirmed reservation for Services, as evidenced by a Booking Confirmation (sent via email/SMS).
2. Booking Process
- Eligibility: To book Services, you must be at least 18 years old and have the legal capacity to enter into these Terms.
- Information Accuracy: You agree to provide true, accurate, and complete information (e.g., names, contact details, passport numbers, service requirements) during booking. We reserve the right to cancel Bookings with false information.
- Confirmation: A Booking is confirmed when you receive a Booking Confirmation containing details (date, time, Service Provider, price, and terms). This Confirmation constitutes a binding contract between you and Asita41.
3. Payments
- Pricing: All Service prices are displayed in USD (unless specified) and include taxes/fees, except where noted. We reserve the right to adjust prices, but confirmed Bookings will be honored at the quoted price.
- Payment Methods: We accept major credit cards (Visa, Mastercard), PayPal, and bank transfers. Payment is due in full at the time of booking, unless otherwise stated.
- Invoicing: A digital invoice will be issued with your Booking Confirmation. For business users, additional invoicing details (e.g., company name, tax ID) must be provided during booking.
4. Cancellations, Changes, and Refunds
- User-Initiated Changes/Cancellations:
- To modify a Booking (date, time, service scope), contact us at support@asita41.com. Changes are subject to Service Provider availability and may incur additional fees.
- Cancellations must be submitted in writing (support@asita41.com). Refund eligibility depends on the cancellation timeline:
- ≥72 hours before service start: 100% refund.
- 24–71 hours before: 50% refund.
- <24 hours before or no-show: No refund.
- Service Provider Cancellations:
- If a Service is canceled by the Service Provider (e.g., due to illness, emergency), we will:
- Offer a rescheduled service at no extra cost; or
- Provide a full refund (processed within 5–7 business days).
- If a Service is canceled by the Service Provider (e.g., due to illness, emergency), we will:
- Force Majeure: We are not liable for cancellations due to unforeseen events beyond our control (e.g., natural disasters, government restrictions). In such cases, a full or partial refund will be issued at our discretion.
5. User Obligations
You agree to:
- Arrive on time for scheduled Services (late arrivals may result in shortened service duration with no refund).
- Comply with local laws, safety guidelines, and Service Provider instructions during service delivery.
- Treat Service Providers with respect; abusive or discriminatory behavior may result in immediate service termination with no refund.
- Provide necessary access (e.g., factory premises for inspections) as agreed in the Booking.
6. Service Provider Obligations
Service Providers agree to:
- Deliver Services as described in the Booking Confirmation, with professional care and skill.
- Maintain valid certifications (e.g., inspection qualifications, language proficiency) as required for the Service.
- Report any issues (e.g., user no-shows, access problems) to Asita41 promptly.
7. Liability
- Asita41’s Liability: We act as a platform to connect Users with Service Providers. We are not liable for direct or indirect damages arising from Service Provider negligence, delays, or failure to perform, except in cases of gross negligence or willful misconduct by Asita41.
- Limitation of Liability: Our total liability for any claim related to a Booking shall not exceed the total amount paid for that Booking.
- Indemnification: You agree to indemnify Asita41 and Service Providers against claims, losses, or damages arising from your breach of these Terms, negligence, or violation of laws.
8. Intellectual Property
All content on Asita41 (logos, text, images, software) is our intellectual property or licensed to us. You may not copy, modify, or distribute such content without our written permission.
9. Termination
- We may terminate these Terms or suspend your access to Services if you breach these Terms (e.g., fraudulent bookings, abusive behavior).
- Termination does not affect rights/obligations accrued before termination (e.g., payment for confirmed Bookings).
10. Governing Law and Disputes
Governing Law: These Terms and any disputes arising out of or in connection with the Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong Law”), excluding conflict of law principles. This choice reflects our company’s place of registration in Hong Kong while respecting the cross-border nature of our Services.
Dispute Resolution:
- Negotiation: In the event of any dispute, claim, or controversy (including non-contractual disputes) arising out of or relating to these Terms or the performance of Services, the parties shall first attempt to resolve it through friendly negotiations within 30 days of written notice of the dispute.
- Arbitration: If the dispute cannot be resolved through negotiation, it shall be submitted to arbitration as follows:
- Primary Arbitration: Unless otherwise agreed in writing, the dispute shall be referred to and finally resolved by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules in force at the time of filing. The arbitration shall be conducted in Hong Kong, with the language of arbitration being English or Chinese (at the parties’ mutual election). The number of arbitrators shall be one (to be appointed by HKIAC if the parties cannot agree).
- Alternative Arbitration for Mainland Service Disputes: For disputes arising specifically from the performance of Services within Mainland China (e.g., on-site inspection protocols, interpreter scheduling, or bleisure activity execution in Mainland cities), the parties may, by mutual written agreement, submit the dispute to the Shenzhen Court of International Arbitration (“SCIA”, also known as the South China International Economic and Trade Arbitration Commission). Such arbitration shall be conducted in accordance with the SCIA Arbitration Rules in force at the time of filing, with the seat of arbitration in Shenzhen or the city where the Service was performed. The language of arbitration shall be English or Chinese.
- Enforcement of Awards: Any arbitration award rendered under this clause shall be final and binding on both parties. Awards by HKIAC may be enforced in Mainland China pursuant to the Arrangement on Mutual Enforcement of Arbitral Awards Between the Mainland and the Hong Kong Special Administrative Region, and in other jurisdictions pursuant to the New York Convention. Awards by SCIA may be enforced in Mainland China under the Arbitration Law of the People’s Republic of China and in Hong Kong or other jurisdictions under applicable treaties or laws.
- Waiver of Litigation: The parties irrevocably waive any right to bring or participate in any court proceedings relating to such disputes, except for proceedings to enforce an arbitration award.
11. General Provisions
- Amendments: We may update these Terms. Changes will be posted on our website with an updated “Effective Date.” Your continued use of Services after changes constitute acceptance.
- Severability: If any provision of these Terms is invalid, the remaining provisions shall remain in effect.
- Entire Agreement: These Terms, together with the Booking Confirmation, constitute the entire agreement between you and Asita41, superseding all prior agreements.
For questions, contact us at:
Email: inquiry@asita41.com
Address: 3F, Ind Blgd 42 Tai Rd, Hong Kong
By booking Services, you acknowledge that you have read, understood, and agreed to these Terms.
