Welcome to the website of MCM Fashion Group Ltd. (hereinafter referred to as “MCM” or “we”), a company organised and existing under the laws of Hong Kong with principal offices at 1304-5, 13/F, 625 King’s Road, North Point, Hong Kong, SAR of China.
MCM owns, solely and exclusively, unless otherwise agreed by a third party in terms of (but not limited to) media and portrait rights or content licenses, all rights, title and interest (including, without limitation, copyrights, company name rights, trademarks and design rights) in and to the Website, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), functionality, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Website, and the compilation and organization of the Site Content, including but not limited to any copyrights, company name rights, trademarks, design rights, patent rights, database rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to your ownership or title of, in or to any Site Content or any other part of the Website, nor does it give you any license to use or display the same except as expressly permitted herein.
Excluding references to the Products, all materials on this Website and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned, co-owned or licensed by MCM or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Website, as well as the software used in the design and development of this Website. All rights are reserved worldwide.
The name, company name and trademark MCM and the MCM logos and all other MCM-related marks depicted in this Website, whether registered or unregistered, are the exclusive property of MCM. All rights are reserved worldwide.
The materials contained in this Website are displayed for informational and promotional purposes only. This Website is solely for private, personal, and non-commercial use. You may not download or copy materials in this Website for any reason. You do not obtain any right, title or interest in any material or software as a result of any downloading or copying. You may not reproduce, publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of MCM, is strictly prohibited.
If Client prints, copies, modifies, downloads or otherwise uses or provides any other person with access to any part of the Website in breach of the Terms & Conditions, the right to use the Website ceases immediately, and Client must, at our option, return or destroy any copies of the materials made. No right, title or interest in or to the Website or any content on the Website is transferred to Client, and all rights not expressly granted are reserved by MCM. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.
USE OF WEBSITE
You are permitted to use the Website and the Site Content for your private, personal and non-commercial use only and always in compliance with these Terms & Conditions. You may not and may not permit, assist or allow any third party to:
(i) copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any Site Content, including but not limited to mirroring, framing or linking to any other computer, server or web site;
(ii) access or use this Website or any Site Content for any commercial purposes, including any advertising or advertising revenue generation activity on Your website;
(iii) use anyone else’s password or account at any time without the express permission and consent of the holder of that password or Account;
(iv) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, Phish, trace or seek to determine any information on any other user of, or visitor to, the Website, or any other customer, or exploit the Website or any service or data made available or offered by or through the Website, nor use the Website or the Site Content for any unlawful purposes or for any purposes not allowed by these Terms & Conditions or for soliciting the performance of any illegal activity or for any other activity which infringes the rights of MCM or others;
(v) Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website. You agree not to use any device, software or routine to interfere or attempt to interfere, with the proper working of the Website, any transaction being conducted on the Website, or with any other person’s use of the Website.
Any other use of the Site Content or material on this Website, including reproduction for the purposes other than your private, personal and non-commercial use, modification, distribution or republication, without the express prior written consent of MCM, is strictly prohibited. MCM reserves the right to delete actions and messaging considered to be (but not limited to) flooding, harassment or otherwise specified. MCM takes no responsibility for the Site Content or actions of the users who access and engage with the Website.
Certain personal data is essential for setting up a Client account and making purchases; such information includes Title, First Name, Last Name, Home Address, E-mail Address, Password, Birthday, and Telephone Number. Failure to provide this mandatory information will result in an unsuccessful user account creation. By creating a user account, the Client authorises WWW.MCMWORLDWIDE.COM to store their name and e-mail address. All other requests for personal data are optional.
MCM permits one (1) e-mail address per account. Accounts are authenticated after a user validates their e-mail through the e-mail with which they registered the account.
RESPONSIBILITY FOR ACCESS DATA
The Client shall be responsible for protecting the access data (e-mail address and password). The access data shall be kept secret and may not be made accessible to third parties without the prior written consent of MCM. The customer is aware that third parties with knowledge of the access data can place orders with MCM in the Client’s name. If the Client discovers or suspects that third parties are using his/her access data, he/she shall be immediately obliged to change his/her access data or, if this is not possible, to immediately inform MCM.
Should there be reasonable suspicion of abuse of the access data, in particular, if such abuse was reported by the Client, MCM has the right to block access immediately. MCM shall inform the Client of the blocking.
MCM shall not be liable for any damage or loss suffered by the Client through the improper use or loss of the access data. This shall not apply if the damage was intentionally caused or through gross negligence. The exclusion of liability shall not affect either to injuries to health and safety if MCM is responsible for the breach of duty.
E-mail registration for the MCM online newsletter is optional. E-mail newsletter registration is available via the “Newsletter” button on the bottom of the website. Alternatively, the Client may also sign up when creating a WWW.MCMWORLDWIDE.COM online account by checking the e-mail newsletter option during registration.
Transactional information, such as credit card information, is collected when placing an order and is subject to the payment method used. MCM does not store this information. By Personal Privacy Protection laws, in regards to information technology, files and rights, the Client has the right to access, change, correct and delete personal data. This right may be exercised, where applicable, via the Client account. To make changes to a WWW.MCMWORLDWIDE.COM profile, please access the My Account page and select “Edit” to change your information. MCM reserves the right to object to suspicious change requests, particularly in terms of their number and repetitive or systematic nature. The security, confidentiality or integrity of information sent via the Internet is not guaranteed on account of the very nature of the network. In particular, we are not accountable and may not be held liable in the event of loss, communication to a third party or fraudulent uses of login details.
SEVERABILITY OF CLAUSES
DISCLAIMER, ERRORS, INACCURACIES
Our goal is to provide complete, accurate and up to date information on our Website. The use of the Website is at your own risk, and you are entirely responsible for your use of the site and any linked sites. MCM is not responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this site. Unfortunately, it is not possible to ensure that any site is completely free of human or technological errors. This Website may, on rare occasion, contain typographical errors, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior or subsequent notice.
No waiver of MCM of any term or condition outlined in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of MCM to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions continue in full force and effect.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
MCM will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful means that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any content posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The site, its contents and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither MCM nor any person associated with MCM makes any warranty or representation concerning the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither MCM nor anyone associated with MCM, represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
MCM hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law, i.e. the limitation of liability shall not apply, if the damage was intentionally caused or by gross negligence, or on a breach of material contractual obligations, meaning contractual obligations that enable proper enforcement of the contract in the first place and which the contractual partner can rely on to be fulfilled on a regular basis, and which endanger reaching the purpose of the agreement, if they are violated. It shall not apply to damage caused by injuries to health and safety, either, if MCM is responsible for the breach of duty. The limitation shall not further apply to damage that is caused by the absence of a warranted quality or for which liability is stipulated under any relevant product liability laws.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, shall MCM, its parent company and/or affiliates, or any of its or their directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the sites or the content, materials and functions of or related thereto, your provision of information or content via the websites, lost business or lost sales, profits, or goodwill, even if such protected entity has been advised of the possibility of such damages to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to specific users. Under no circumstances shall the protected entities be responsible or liable for or in connection with any dispute between or amongst users of the sites, or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or another person on or through the sites. Under no circumstances shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms & Conditions or your use of the sites exceed, in the aggregate, the greater of (a) the amount(s), if any, paid by you to MCM for your use of any site, or (b) one thousand Hong Kong Dollars (HKD 1,000). All users of the sites understand and agree that (i) the mutual agreements made in this section reflect a reasonable allocation of risk, and (ii) the parties hereto would not have entered into these Terms & Conditions without these limitations on liability. The last sentence of the section “waiver” above shall apply adapted as necessary.
You agree to defend, indemnify and hold harmless MCM, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the website, including, but not limited to, any use of the site’s content, services and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the website. Any cause of action or claim relating to these Terms & Conditions or the site must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred. The last sentence of the “waiver” section above shall apply adapted as necessary.
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