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Terms of Use

Last updated - 1st January, 2022

 

www.mararhomberg.com (hereafter also named the “Website”) is a site operated by Mara Is Not Limited (“Mara Rhomberg,” “we,” “us,” or “our”). Mara Is not Ltd. is a company incorporated and registered in Hong Kong under company registration number 2366324, with registered offices at Suite 3002, 30/F, Oxford House, 979 King’s Road, Quarry Bay, Hong Kong.

To contact us, please email us at customerservice@mararhomberg.com.

 

These terms govern the use of our Website www.mararhomberg.com and the design and content featured within, including text, materials, clothing and other product designs, product descriptions and information, graphics, artwork, images and so-called ‘look and feel’, photography, audio and video clips or content, employment opportunities, software, data and other information.

By using our Website, you engage in our service (“Service”) and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”) set forth within this agreement and agree to comply with them, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms of Use, if you are not able to form legally binding contracts, if you are a person barred from receiving services under the laws of your applicable jurisdiction or for any other purpose that is not expressly permitted by these Terms of Use, you must not use our site.

These terms should be read in conjunction, and are in addition to:

Our Terms of Sale and our Privacy Policy, which includes our Cookies Policy, that sets out information about cookies on our site.

 

We may revise these Terms of Use and the effective date of the revised Terms will be stated at the top of this page. We will try to give you reasonable notice of any major changes by posting a notice on our Website. However, your continued use of our Website constitutes your agreement to such changes. It is your responsibility to ensure you understand and agree with the terms and conditions that apply at the time of use of our Website. We recommend that you print a copy of these Terms for future references.

We do not guarantee or warrant that your use of our Service will always be available or uninterrupted. We reserve the right to suspend or restrict our Service at any time. We will do our best to provide you with reasonable notice of any suspension or withdrawal by posting a notice on the Website. However, we are not liable to you for any reason if our Service is unavailable at any time or for any period. It is also possible that the country in which you reside may block our Website for security or other reasons.

We also do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. We do not guarantee that our Website, or any content on it, will be free from errors and omissions. Some content on our Website may be out of date at any given time and we are under no obligation to update it. 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. Please obtain professional, specialised, more accurate, more complete or more timely sources of information before taking any action. Opinions expressed on our Website are the personal opinions of the authors and do not represent the views of Mara Rhomberg.

 

By using our Service, you agree that your use of, or inability to use, our Service is your sole responsibility and at your own risk.

If you do not agree or accept any of these Terms, you should stop using the Website immediately.

 

 

1 – How you may use material on our site  

All intellectual property rights in our Website, and in the design and content on the Website reside with us. All rights in these works are protected by copyright laws and are reserved to us. Except as expressly outlined in these Terms, you are not permitted any express or implied rights to the Website, its design or contents or any other intellectual property associated with the Website. Furthermore, by using our site, you acknowledge and agree that the trade names, logo and other trademarks and service marks associated with Mara Rhomberg are our property, and that you are not permitted the use of them without our prior written consent.

Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to use the Website. You agree not to adjust, to try to circumvent, or delete, any notices contained on the Website (including any intellectual property notices) and in particular nothing in these Terms grants you any legal right in any digital rights or other security technology embedded or contained within the Website. You may not copy, reproduce, distribute, publish, archive, display, perform, modify, adapt, create derivative works, transmit, translate, use or in any way exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided and its content, in whole or in part, except as set out in these Terms of Use or without express written consent by us.

You may print off copies, and may download extracts, of any page(s) from our Website for your personal use provided that you do not alter the paper or digital copies of the materials you have printed off or downloaded in any way, and you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; our status or that of any identified contributors as the creators of contents on our site is always acknowledged; you do not use any part of the content from our site for commercial purposes without obtaining a license from us or our licensors to do so. If you print off, copy or download any part of our site in breach of the Terms set forth in this agreement, your right to use our site will be terminated immediately and you must return or destroy any copies of the materials you have obtained from us.

We reserve the right to pursue any remedies available to us under applicable law for any breach of these terms or inappropriate conduct.

 

2 – What you must not do

By using our Website, you agree not to:

- Perform any action that might or will damage, interrupt or impair the functionality of our Website and its content or impose an unreasonable or disproportionately large load on the Website’s infrastructure;

- Obtain unauthorized access to any private or member account areas on the Website

- Infringe, damage or interfere with any of our intellectual property rights, our licensors or any third party;

- Submit false or misleading information;

- Disassemble or reverse-engineer any of the software making up a part of the Website;

- Engage in any other conduct that restricts or inhibits any other person from using our Website

- Probe, scan, or test the vulnerability or the system or network or to breach security or authentication measures without proper authorization, interfere or affecting the functionality or operation of the Service or of our Website and any other related websites or the internet, including without limitation by engaging in unauthorized spidering, scraping or harvesting of content or other personal information, uploading or transmitting viruses or any type of malicious code, using any other unauthorized automated means to compile information or flooding, spamming or crashing the Website;

- To harass, abuse, insult, harm, deframe, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

- Distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;

- Do anything which is otherwise unlawful or to solicit others to perform or participate in any unlawful acts, or perform actions may cause any liability to us;

- Do anything that breaches any international, federal, provincial or state regulations, rules, laws or applicable local ordinances; or

- Attempt to do any of the above.

Content posted to public areas of our Website may be viewed by other users and by other persons or entities, including through third party services and websites. Please only upload, share or store images, information and other content that you are comfortable sharing with others. You agree that you will not access or use the Website to upload, share or store any video or images, or otherwise act in any manner, that:

- Is intended to defraud, mislead or deceive any person or entity;

- Is defamatory, obscene, pornographic, vulgar, offensive or unlawful;

- Promotes discrimination, racism, hatred, harassment or harm against any individual or group;

- Is inflammatory, abusive, violent or threatening or promotes violence or actions that are threatening to any other person;

- Promotes illegal or harmful activities or substances.

 

3 – Third-party links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links found on our site may direct you to third-party websites and resources that are not affiliated with us and are only provided and intended for your information only. Any such hyperlinks or references are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We are not responsible for examining or evaluating the content or accuracy of any third-party websites or materials, and may not have control over the contents of those sites or resources.

During your use of our Website, you may be redirected to external sites or to plug-in software. We do not control these third-party services and your use of those websites and software are governed by the terms and conditions applicable to those services. Your use of external websites linked from our Website, including, but not limited to, our Facebook, Instagram pages, are governed by the terms and conditions applicable to those respective sites and we will not be liable or responsible for any third-party materials or websites. It is your responsibility to review the terms and conditions of those sites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

4 – Uploading content to our site

Certain sections of our Website allow you to submit information about yourself to us. Whenever you make use of such a feature that allows you to upload content to our site, or to make contact with other users on our site, the information or content you provide must be accurate and where it concerns an opinion genuinely held. The content or information uploaded must also comply with the applicable laws of the country in which it was submitted.

You are allowed to link to our Website, provided that you do so in a fair and legal manner, that does not impair our reputation. You are not permitted to create a link that suggests any form of association, approval or endorsement on our behalf where none exists, or otherwise mislead us or third-parties as to the origins of any comments. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. You are also not allowed to establish a link to our site in any website that is not owned by you. The website in which you are linking must comply with the content standards set out below.

Content uploaded by you must not be:

- Defamatory of any person, obscene, offensive, hateful, inflammatory, promote sexually explicit content, violence, illegal activity or discriminating on race, sex, religion, nationality, disability, sexual orientation or age;

- In violation of any right of any third-party, including the copyright or trademark of another, privacy, personality or other personal or proprietary rights; breaching a legal duty to another, be in contempt of court, promote or incite any party to commit, or assist any unlawful act, or contain any advertising or promotional material of services or web links to other sites.

We have the right to remove any posting you make on our site without notice, if, in our opinion, any such contribution does not comply with the above standards. You will be held responsible for any loss or damage we suffer, as a result of your breach of our Terms.

The views expressed by other users on our site have not been verified or approved by us and do not represent our views or values. To the fullest extent permitted by applicable law, we disclaim any and all such representations and warranties. We reserve the right to delete or alter any link on our Website at any time and for any reason.

This site is available to the public. Please note that any content you upload to our site will be considered non-confidential and non-proprietary. While you maintain all ownership rights of your content, you grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and licence to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display your content in any and all media as necessary to operate our Website. We also reserve the right to use any content you upload for our own purposes including republication in any form or media. We may alter or adapt your public content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your public content as are necessary to conform and adapt that content to any requirement or limitations of any networks, devices, services or media. You also grant us the right to use, copy, distribute, post, broadcast, publicly perform, publish and display your identity and other information in connection with your public content as described herein or elsewhere on the Website, subject to any applicable data protection laws.

Furthermore, we reserve the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our site constitutes an infringement of their intellectual property rights, or their rights to privacy. By uploading your content on our site, you consent to the sole responsibility of your public content, and for any consequences thereof, including the use of your content by other users and our third party partners.

If you wish to complain about information uploaded by other users or express your concern regarding any linked websites on our Website, please contact us at customerservice@mararhomberg.com.

 

5 – Keeping your account safe

Certain features on our Website may require you to register and create an account with us. Any information you provide for registration purposes or otherwise must be true, accurate, current and complete in all respects. Please notify us at your earliest convenience of any change in your information via email at customerservice@mararhomberg.com.

Please treat any user identification code, password or other information used for the purpose of gaining access to your account, as confidential and avoid disclosing such information to any third party. We recommend that you update your password regularly and always log out after using your personal account by clicking “Log Out” on the Website.

We are not liable for the loss of your account, loss of account credentials or leaks of your personal data if it is a result of your own actions and/or inactions. Any account created on our site remains our property, while you reserve the right to use and manage your account as set out in these Terms of Use.

In the case that you should fail to comply with any of these Terms of Use, we may:

- Disable any user identification code, password, or any other piece of information, at any time;

- Withdraw, suspend or restrict access to your account or the Website entirely; and/or

- Cancel your account.

If we decide to exercise any of the above actions, you will be notified immediately and will be required to destroy any content you hold relating to our Website at the given time.

If you know or suspect that anyone other than you has gained access to your identification code or password, you must notify us immediately. Until notification to us of loss of account, loss of account credentials or leaks of your personal data and before you are able to provide us with related proof to such claims, we have reason to believe that any use of your account is your act.

 

6 – Our responsibility for loss or damage suffered by you

Our Website and all of its content is provided to you on an ‘as is’ basis. We make no representations or warranty of any kind whatsoever relating to the Website or content that can be accessed through the Website. To the fullest extent permitted by the applicable law, we disclaim any and all such representations and warranties.

In no case shall Mara Is not Ltd., our employees, agents, affiliates, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind, including, without limitation, loss of profits, sales or revenue, loss of business, business interruption, loss of anticipated savings or loss of business opportunity, goodwill or reputation, or any similar damages, whether based in contract, negligence, strict liability or otherwise, arising from your use of any of the service or products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss of damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

In jurisdictions which restrict limitation clauses, the above limitations shall be applied to the greatest extent permitted by the applicable laws in those jurisdictions. The above limitations do not, in any way, exclude any liability we have where it would be unlawful to do so. 

Our site is only intended for domestic and private use. By using our site, you acknowledge and agree to not use our site for any commercial or business purposes. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out and can be found in our Terms of Sale.

 

7 – Using your information

Please review our Privacy Policy to understand how your information will be used by us.

 

8 – Feedback

We encourage and welcome you to provide us with feedback (“Feedback”), ideas, comments, suggestions for improvements and changes to our Website. If you would like to do so, please email us at customerservice@mararhomberg.com. Please note that all such Feedback will be treated as non-confidential and become our exclusive property. Your Feedback may also be distributed or used by us or our affiliates for any purpose, including the development and marketing of our products and services. You hereby consent to the transfer and assign to us all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade, secret, moral and other proprietary or intellectual property rights, and waive any moral rights you may have in such Feedback.

 

9 – Viruses

We are not able to guarantee that our Website, any content on our Website or the server is free of viruses or other harmful components.

It remains your responsibility to configure your information technology, computer programmes and platform to access our site safely. We recommend that you use up-to-date virus protection software when navigating our site. You acknowledge and agree to not introduce, or do anything that is likely to lead to the introduction of, any viruses or other harmful components to any aspects of our Website.

If you fail to comply with these Terms, you agree to compensate us fully, defend us, and hold us immediately on demand, our officers, directors, agents, affiliates, licensors, and suppliers, from and against any liability, losses, damages and expenses, including legal fees.

 

10 – Assigning this agreement  

You may not assign, transfer or delegate any of your rights or obligations set forth within this agreement, including by operation of law or otherwise, without our prior written consent. Our written consent is given or withheld in our sole discretion. Any attempted assignment without our consent as outlined above will be treated as invalid.

We reserve the right to assign, transfer or delegate our rights or obligations under these Terms, in whole or in parts without restriction. Subject to the above, these Terms will bind and have effect to the benefit of the parties, their successors and assigns.

 

11 – Other matters

What our relationship is not

Unless expressed otherwise in these Terms, no form of partnership, joint venture, employment or franchise relationship is intended or created by this agreement.

Termination

Any provision of these Terms that consider performance or observance after the expiration or termination of these Terms shall survive such expiration or termination. These Terms of Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us in writing that you no longer wish to use our Service, or when you cease using our site.

If in our sole discretion, we suspect or decide that you failed to comply with any Terms or provisions set forth in this agreement, we may terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service, or any part thereof.

Indemnification

By using our Service, you agree to indemnify and hold harmless Mara Is not Ltd., our employees, subsidiaries, partners, agents, affiliates, contractors, suppliers, service providers or licensors, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.

Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site 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 agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of these Terms.

Notices

Any notices or communications permitted or required by these Terms, including notices regarding changes to these Terms, will be given by us in writing via email or by posting notice on the Website. For notices made via email, the date of transmission will be deemed the date of receipt. 

Severability

If any of the above Terms are deemed by any competent authority to be invalid, unlawful or unenforceable, such terms or conditions will to that extent be severed from these Terms of Use, while the remaining provisions within this agreement will be enforceable to the fullest extent permitted by law. The headings found in these Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Jurisdiction

These Terms, their subject matter and information, are governed by laws of the Hong Kong SAR, subject to the application or any mandatory laws of the country in which you reside. We both agree to the exclusive jurisdiction of the courts of Hong Kong SAR to settle any dispute or claim arising out of or in connection with these Terms or your use of our Website.

Remedies

Unless expressly stated otherwise in these Terms of Use, the exercise by either party of any of its rights under these Terms will be without prejudice to any other remedies available under contract, at law, in equity or otherwise.

Third-party beneficiaries

Except as otherwise expressly set forth herein, these Terms and provisions do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

 

 

 

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