Terms and conditions

TERMS OF SALE
(WESTERN EUROPE, CENTRAL EUROPE, EASTERN EUROPE)

These terms of sale apply to western Europe, Central Europe, and Eastern Europe, except Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey, which are governed by different terms.

Please read these Terms of Sale carefully before ordering Products online from the M.R.C/C.R.M platform

if you are located in any of the countries identified below, additional country-specific terms may apply to you and are viewable at the end of these terms of sale or by clicking on the country reference link. These additional terms override the Terms below to the extent of any inconsistency.

AUSTRIA, FRANCE, GERMANY, HUNGARY, ITALY, POLAND.

APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a M.R.C/C.R.M website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of M.R.C/C.R.M’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and M.R.C/C.R.M and its affiliates (which we may refer to as “M.R.C/C.R.M “we,” “us,” or “our”) regarding orders placed for products available on the Platform. M.R.C/C.R.M may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform.  The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase.  Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us.  Your use of the Platform is also governed by M.R.C/C.R.M’s Terms of Use and Privacy Policy. The Terms of Use are incorporated herein by this reference. [See Hungary terms.]. 

PLACING ORDERS ON THE PLATFORM

ELIGIBILITY TO ORDER

To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with M.R.C/C.R.M, and a consumer – not a reseller

NO PURCHASE FOR RESALE

The Platform is intended solely for M.R.C/C.R.M to sell M.R.C/C.R.M products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of M.R.C/C.R.M product by someone who resells, or intends to resell, the M.R.C/C.R.M product to others (consumers, businesses or any third party).  If M.R.C/C.R.M believes you are involved in purchase for resale, M.R.C/C.R.M reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account. 

HOW TO ORDER

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes designing customized items, adding items to your shopping cart and submitting your order. 

When you submit an order we will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • the product is not available / in stock;
  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with M.R.C/C.R.M;
  • you are a reseller;
  • there was an error in the price displayed on the Platform; or
  • we could not deliver to the address provided by you;
  • due to an Event Outside Our Control (see below).

[See France terms.]

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.  We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.

PRICE/PAYMENT

PAYMENT METHODS

You can find the available payment methods for each country in the foot bar of the platform (the “Website”). We do not accept any method of payment other than those listed in the foot bar. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

PAYMENT PROCESSING

If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse.  If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacturing in the case of customized (M.R.C/C.R.M iD) products) after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled.  Payments can only be processed if the billing information can be verified.

TITLE TRANSFER

We retain title in any product(s) until we have received full payment for such product(s).

PRICES AND CURRENCY

The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.  

Prices are quoted in currency Euro. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing. 

YOUR TOTAL PRICE

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. 

Cash on delivery (cod)

If you have chosen the payment method ‘cash on delivery’, the order amount set forth on your shipment confirmation in the local currency of your destination country must be paid in full before receiving your items and signing the delivery sheet. The package can be opened and your items inspected only after the payment is made. 

PRICE CHANGES

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. [See Italy terms.]

SHIPPING & DELIVERY

DELIVERY – WHERE AND WHEN

We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website.

SPLIT DELIVERY

Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to the fact that customized (M.R.C/C.R.M iD) products are manufactured at different factories, an order for multiple customized (M.R.C/C.R.M iD) products may result in split shipments. 

We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

SHIPPING RATES
FREE SHIPPING

If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. Other conditions may also qualify you for free shipping. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates. 

CUSTOMIZING ITEMS

Customization conditions

For most customized (M.R.C/C.R.M iD) items, you can submit a combination of letters, spaces and numbers to form an “ID” – a personalized message that appears on your creation.  We reserve the right in our sole discretion to decline an ID, for example because it contains a trademark belonging to third party, or the names of sports teams, athletes or celebrities that you (or M.R.C/C.R.M) do not have the right to use, or because it contains material that we consider inappropriate.  If we reject your ID you will be notified as soon as possible by e-mail.

Consumer acknowledgements relating to customization

Both your design of the item (the color combination etc.) and the personalization shall be created by you.  To the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalization created by someone else. 

Please understand that whilst we have the right to decline your personalization or your design, you are solely responsible for your design and personalization, and we have no obligation to review or decline your design or personalization. 

Your design and your personalization qualify as what we call “User Content”. Article 2 of the Terms of Use apply to your design and your personalization.

RETURNS & CANCELLATIONS

CANCELLING ORDER BEFORE DELIVERY

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the “Order status” link at the top right of the Website. 

If the status of your order is “Pending” or “On Hold” you may cancel your order by contacting our call center (see help section of the Website). Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below. 

Customized (M.R.C/C.R.M iD) orders cannot be cancelled before shipment, because we start building the customized (M.R.C/C.R.M iD) products immediately after receiving the order.

RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website. 

We moreover remind you that under Dutch and EU law, we are liable to you for any lack of conformity in a product that becomes apparent within a minimum of two years from delivery of the product and that you have several statutory rights in this context. The foregoing does not limit these statutory rights in any way. [See France and Italy terms.] 

YOUR RIGHT OF WITHDRAWAL

If for whatever reason you are not happy with a product you ordered, you may exercise your statutory right of withdrawal. You can invoke your right of withdrawal by informing us that you want to return the product within 30 calendar days after the product is delivered to you or to a third party indicated by you (other than the carrier) or, if you have ordered multiple goods in one order which are delivered separately, within 30 calendar days after the last product is delivered, without giving us any reason. 

If you use your right of withdrawal, you have an obligation to return the products to us without undue delay and no later than 30 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.

Please make sure that the products you return are complete (e.g. both items of a pair must be returned) and not used in any way other than what is reasonably necessary to decide of you want to keep the products (meaning that you are allowed to try garments or shoes on for fit, but you cannot wear or wash them). If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value. The right of withdrawal does not apply if the product is made to your specification or clearly personalized (for example: M.R.C/C.R.M iD products). 

For practical information on how to return, see the help section of the Platform, which contains a withdrawal form that you can use to exercise your right of withdrawal. You can also inform us that you want to exercise your right of withdrawal by another unequivocal statement (e.g. by a letter, fax or e-mail). It is sufficient that you send this statement to us before the withdrawal period ends. 

If you inform us that you wish to return a product, we shall reimburse to you all payments received, including the delivery costs (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the products back or until you have supplied evidence of having sent back the products. 

REFUND INFORMATION

Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.  For practical information on how to return and for refund timelines, see. 

CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS

Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre ordering, the following specific conditions apply to pre-ordered products:

Delivery. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.

Payment. Unless you have chosen for payment upon or after delivery, the following applies. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above. 

Product launch date. The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Website.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a)     We will contact you as soon as reasonably possible to notify you; and

b)     Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

 Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. 

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing. 

We contract with US Direct E-Commerce Limited trading as eShopWorld to sell and deliver our products to consumers in Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey. If your order is shipping to one of the aforementioned countries where our international shipping is supported by eShopWorld, the contract for the purchase sale and delivery of our products will be between you and eShopWorld, and subject to the eShopWorld Terms and Conditions.  If there is a conflict between these Terms of Sale and the eShopWorld Terms and Conditions, the eShopWorld Terms and Conditions will control with respect to your purchase and the delivery of our products. 

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us. 

CHOICE OF LAW/JURISDICTION

You agree that the Platform, Terms of Sale, and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. 

Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Amsterdam, the Netherlands. 

In case you have a complaint, please contact us via contact us page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. 

All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law. [See Austria, France, Germany, Italy and Poland terms.] 

COUNTRY-SPECIFIC TERMS 

If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms set forth above. 

AUSTRIA The last paragraph in the section above titled “CHOICE OF LAW/JURISDICTION”, is deleted in its entirety and replaced with the following: 

“All claims shall be brought within three (3) years after the claim arises.”

FRANCE

The section above titled “PLACING ORDERS ON THE PLATFORM”, sub-section “OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT” is deleted in its entirety and replaced with the following: 

“OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

We reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with M.R.C/C.R.M;
  • you are a reseller;
  • we could not deliver to the address provided by you; or
  • due to an Event Outside Our Control (see below).” 

The section above titled “RETURNS & CANCELLATIONS”, sub-section “RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS” is hereby deleted in its entirety and replaced with the following: 

” M.R.C/C.R.M shall be responsible for any lack of conformity of the products under the conditions set forth in Articles L. 217-4 et seq. of the French consumer code, and of hidden defect of these products under the conditions set forth in Articles 1641 et seq. of the French civil code. In the event your claim is justified, the purchase price and the shipping costs will be refunded.  For practical information on how to return, visit our help section.”

Please note that under the legal warranty of conformity, you: have 2 years as of delivery of the product to submit a claim;may choose between repair or replacement of the product, subject to the cost conditions provided for under Article L. 217-9 of the French consumer code;do not have to prove the product’s lack of conformity during a period of two (2) years following delivery of the product. The legal warranty of conformity is without prejudice to any commercial warranty that may be provided. You may also decide to act under the legal warranty against hidden defect as per Article 1641 of the French civil code. In such case, you may choose between cancellation of the sale or a reduction of the sale price, as set forth under Article 1644 of the French civil code.”

The second and third paragraph in the section titled “CHOICE OF LAW/JURISDICTION” are deleted in their entirety and replaced with the following two paragraphs: 

“Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products), and exclusively in the competent courts of Amsterdam, the Netherlands. 

If you have a complaint, please contact us via contact us page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.  In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows:Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute.  In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”

GERMANY

The last paragraph in the section above titled “CHOICE OF LAW/JURISDICTION”, is deleted in its entirety and replaced with the following: 

“All claims shall be brought within two (2) years after the claim arises.”

HUNGARY

The section above titled “APPLICABILITY” is amended by adding the following: 

“These Terms of Sale constitute an implied agreement between you and M.R.C/C.R.M, unless otherwise meeting the requirements of written agreements under Hungarian law. “

ITALY

The section above titled “Price/PAYMENT”, sub-section “PRICE CHANGES” is replaced in its entirety with the following: 

“PRICE CHANGES

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order you submitted even if not yet confirmed in an Order Confirmation.” 

The section above titled “RETURNS & CANCELLATIONS”, sub-section “RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS” is hereby deleted in its entirety and replaced with the following: 

“RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS

M.R.C/C.R.M pursuant to article 130 of the Consumer Code, guarantees the conformity of any sold goods for a period of two years after the delivery of the goods. Without prejudice to any statutory rights provided in your favor by applicable law, in the case of a lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement or to have an appropriate reduction made in the price or the contract terminated with regard to those goods, in accordance with article 130 of the Consumer Code.You are entitled to exercise the above rights, in the event any products are defective or otherwise not in conformity with your order when you received them, provided that you inform us of the lack of conformity within a period of two months from the date on which you detected such lack of conformity. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website.” 

The second paragraph in the section above titled “CHOICE OF LAW/JURISDICTION”, is deleted in its entirety and replaced with the following two paragraphs:

“Regardless of the above choice of law, be reminded that you will enjoy the statutory rights provided in your favour under Section 1, Title III of the Italian Consumer Code (Legislative Decree no. 206/2005).”

“Except where prohibited and without limitation to any of your statutory rights, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved individually, without resort to any form of class action, and exclusively in the court of the place where you are resident or domiciled.”

POLAND

The section above titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following: 

“CHOICE OF LAW/JURISDICTION 

You agree that the Platform, Terms of Sale, and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Polish law. 

Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts competent under applicable law. 

In case you have a complaint or feel there is a dispute between us, please contact us via contact us page first. In case the dispute between us is not resolved you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that can access through http://ec.europa.eu/odr.” 

TERMS OF USE

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY M.R.C/C.R.M PLATFORM.

If you live in any of the following countries, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country within the Terms when applicable.  These additional terms override the Terms below to the extent of any inconsistency.

Argentina, Australia, Brazil, Canada, Colombia, all European countries (including specific terms for Austria, Belgium, France, Germany, Hungary, Italy, Poland, Switzerland), and Japan.

Welcome to the M.R.C/C.R.M community!  You are reading these Terms because you are using a M.R.C/C.R.M website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of M.R.C/C.R.M’s Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier’s normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you and M.R.C/C.R.M and its affiliates (which we may refer to as “M.R.C/C.R.M,” “we,” “us,” or “our”) regarding your use of the Platform.  A few important points:

  • Our Terms May Change.  Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.  [See Canada terms.] We may update these Terms from time to time.  If a material change is made, we will post a notice on the Platform or send you a notification.  Read through any changes, and if you don’t agree to them, please stop using the Platform.  If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.  
  • Terms of Sale.  By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region. [See Hungarian terms.]
  • Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

1. GROUND RULES

Eligibility.  You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian.  There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration.  When you register for an account with us, the following rules apply:

  • Be True:  Provide accurate and current registration information.
  • Be You:  Keep your registration personal.  Do not register for more than one M.R.C/C.R.M account, register a M.R.C/C.R.M account on behalf of someone else, or transfer your account.
  • Be Secure:  Keep your username, password and other login credentials secure and do not allow anyone else to use your account. 
  • Be Responsible:  Inform M.R.C/C.R.M immediately of any unauthorized use of your M.R.C/C.R.M account.  You are responsible for anything that happens through your M.R.C/C.R.M account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, M.R.C/C.R.M IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

2.  OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by M.R.C/C.R.M or others we license Content from, and is protected by copyright, trademark, patent and other laws. M.R.C/C.R.M reserves all rights not expressly described in these Terms.

  • All trademarks, service marks and trade names (e.g., the M.R.C/C.R.M name and the Swoosh design) are owned, registered and/or licensed by M.R.C/C.R.M.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
  • You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
  • To the extent M.R.C/C.R.M approves the download or use of Content comprised of copyrights or copyrightable works, M.R.C/C.R.M grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as M.R.C/C.R.M makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. M.R.C/C.R.M reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. M.R.C/C.R.M reserves the right to take down any Content in violation of these terms or M.R.C/C.R.M’s intellectual property rights. M.R.C/C.R.M allowing you this limited use does not constitute a waiver of any of M.R.C/C.R.M’s rights to the Content. 
  • Outside of the specific usage rights granted to you by M.R.C/C.R.M in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without M.R.C/C.R.M’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties

3.  POSTING CONTENT ON THE PLATFORM

User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  M.R.C/C.R.M is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to M.R.C/C.R.M as described below:

  • You represent that you have the right to post your User Content, and you grant M.R.C/C.R.M a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. M.R.C/C.R.M may, in its sole discretion, remove any User Content at any time.  [See Argentina, Colombia, and Belgium terms.]  
  • You understand that deleted User Content may persist in M.R.C/C.R.M’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to M.R.C/C.R.M a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. [See Colombia and Belgium terms.]

4.  USER CODE OF CONDUCT

We’re excited to have you contribute to the M.R.C/C.R.M community.  Here are a few basic rules:

  • Be Original.  Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. 
  • Be Safe. 
    • Do not do anything that may expose M.R.C/C.R.M or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
    • Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
    • Do not use any data mining, robots, scraping or similar data gathering methods.
    • Unless we indicate otherwise, our Platform is a public place.  Do not post personal information to the Platform – yours or anybody else’s.
    • Be Personal.
      • Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
      • Do not collect or solicit personal information from other Platform users or send unsolicited messages.
      • Do not use automated technology to interact with the Platform.
      • Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. M.R.C/C.R.M has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
      • Be Yourself.  Do not impersonate any person or organization, including athletes or M.R.C/C.R.M employees.
      • HAVE FUN!

5.  COPYRIGHT INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. M.R.C/C.R.M may terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information [See France terms.]:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send copyright infringement complaints to:

Cameroon Renaissance Movement
Siège : Dispensaire d’Odza – Yaoundé
B.P. : 8704 Yaoundé / Cameroun

6.  PARTNERS ON THE PLATFORM

From time to time, M.R.C/C.R.M may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean M.R.C/C.R.M endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites and terms of use and privacy policy. M.R.C/C.R.M is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

7.  IMPORTANT DISCLAIMERS

PHYSICAL ACTIVITY.  [See Canada, Germany and Italy terms, because the following exclusions and limitations may not apply to you.] The Platform may include features that promote physical activity, nutrition or general wellness.  They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. 

  • Consider the risks involved and consult with your medical professional before engaging in any physical activity. 
  • Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform. 
    • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, M.R.C/C.R.M IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.

USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions. [See Italy terms.]

  • Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. M.R.C/C.R.M is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. [See Australia, Canada and Germany terms.] 

  • The Platform, Content, and the materials and products on this Platform are provided “AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, M.R.C/C.R.M IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.   
  • M.R.C/C.R.M does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.  
  • To the fullest extent permitted by law, M.R.C/C.R.M disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  • You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
  • We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.

8.  TERMINATION

M.R.C/C.R.M may terminate or modify any M.R.C/C.R.M Platform, member program, product or service at any time without notice.

M.R.C/C.R.M may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to M.R.C/C.R.M, subject to applicable law.    

  • You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
  • These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

9.  INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform, but M.R.C/C.R.M must also protect itself from any damages you may cause.

Indemnification and RELEASE.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. [See Canada, France and Germany terms.] You agree to indemnify, defend, and hold harmless M.R.C/C.R.M Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “ M.R.C/C.R.M Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the M.R.C/C.R.M Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada, France and Germany terms.]  NONE OF THE M.R.C/C.R.M PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A M.R.C/C.R.M VENT OR M.R.C/C.R.M PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF M.R.C/C.R.M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST M.R.C/C.R.M IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF M.R.C/C.R.M IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, M.R.C/C.R.M’S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE. 

10.  APP MARKETPLACES

You acknowledge that this agreement is between you and M.R.C/C.R.M only, and not with the app marketplace where you downloaded a M.R.C/C.R.M app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).   

11.  DISPUTES / ADDITIONAL TERMS

Choice of Law/Jurisdiction

If you live in any of the following countries, different “Choice of Law/Jurisdiction” terms may apply to you: Argentina, Austria, Brazil, Canada, France, Germany, Italy, Poland, Switzerland and all other European countries.

  • You agree that this Platform is a passive platform solely based in Oregon, USA, which does not give rise to personal jurisdiction over M.R.C/C.R.M in jurisdictions other than Oregon.
  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon, USA.
  • You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.
  • All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
Electronic Communications
  • By using the Platform, you agree to receive certain electronic communications from M.R.C/C.R.M, subject to applicable law.
  • You agree that any notice, agreement, disclosure or other communication that M.R.C/C.R.M sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
  • M.R.C/C.R.M may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. 
  • M.R.C/C.R.M ’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or M.R.C/C.R.M’s rights. Users should always assume these Terms apply.
  • If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Thanks for reading.  Please enjoy our community!

COUNTRY SPECIFIC TERMS

If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use.

ARGENTINA

Section 3 (POSTING CONTENT ON THE PLATFORM): the first bullet point paragraph under sub-section “USER CONTENT LICENSE” is deleted and replaced with the following:

“You grant M.R.C/C.R.M a non-exclusive, transferable, royalty-free, worldwide license to display the User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense and distribute the User Content.

For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on M.R.C/C.R.M’s behalf.”

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is hereby deleted and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Argentine law.”
AUSTRALIA

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The sub-section titled “WARRANTY DISCALIMER” is modified by adding the following:

“However, the Platform, Content, and the materials and products on this Platform come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products.  Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”

AUSTRIA

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries below,  except the following is added at the end:

“All claims shall be brought within three (3) years after the claim arises.”

BELGIUM

Section 3 (POSTING CONTENT ON THE PLATFORM): this section is modified as follows:

The first bullet point paragraph under the sub-section titled “USER CONTENT LICENSE” is deleted in its entirety and replaced with the following:

“You grant M.R.C/C.R.M a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the User Content), transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial, promotional and operational use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

The sub-section titled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in its entirety and replaced with the following:

“LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You grant to M.R.C/C.R.M a perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the comments, feedback and ideas), worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

BRAZIL

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted and replaced with the following:

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Brazilian law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved individually, without resort to any form of class action, and exclusively in Brazil.”
CANADA

Introductory Paragraph:

The section titled “Our Terms May Change” is qualified by the following:

“(a) M.R.C/C.R.M must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending M.R.C/C.R.M a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in M.R.C/C.R.M’s obligations.”

MULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:

“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”

SECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:

“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable.”

COLOMBIA

Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “USER CONTENT LICENSE” is modified as follows:

The first bullet point paragraph under USER CONTENT LICENSE is deleted and replaced with the following:

“You grant M.R.C/C.R.M a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “LICENSE TO USE COMMENTS, FEEDACK AND IDEAS”is deleted in its entirety and replaced with the following:

“AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS.  You grant to M.R.C/C.R.M an indefinite, worldwide authorization to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

EUROPEAN COUNTRIES

The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved and exclusively in the  competent courts of Amsterdam, the Netherlands.”
FRANCE

Section 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in its entirety and replaced with the following:

“If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) date of the notification;

(2) if the claimant is a natural person: name, surname, profession, address, nationality, place and date of birth;

(3) if the claimant is a legal person: name, form, registered office and the entity representing it for legal purposes;

(4) name and address of the recipient, or if a legal person, its name and registered office;

(5) a description of the facts at issue and the precise location;

(6) the grounds on which the content should be withdrawn, including relevant legal provisions and justification of facts; and

(7) a copy of the correspondence sent to the author or editor of the litigious information or activity requesting their interruption, withdrawal or modification or an explanation that the author or editor could not be contact.”

Section 9 (INDEMNIFICATION/LIABILITY): this section is modified as follows:

The sub-section titled “Indemnification and Release” is deleted in its entirety and replaced with the following:

“Indemnification. You agree to indemnify, defend, and hold harmless M.R.C/C.R.M Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “M.R.C/C.R.M Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.”

The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety.

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following:  

 “Choice of Law/Jurisdiction

Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

  • You agree that the Platform, Terms, and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved and exclusively in the  competent courts of Amsterdam, the Netherlands.
  • If you have a complaint, please contact us via the page contact us. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.  In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute.  In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”
GERMANY

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The third bullet point in the summary box is deleted in its entirety and replaced with the following:

“M.R.C/C.R.M is not responsible for any damage (except liability for M.R.C/C.R.M’s willful and gross negligent acts and M.R.C/C.R.M’s personal injuries) caused by your interactions with other users.  Please be responsible and take precautions when interacting with people you don’t know.”

The last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:

“To the maximum extent allowed by applicable law, M.R.C/C.R.M is not responsible or liable for any damages (except liability for M.R.C/C.R.M’s willful and gross negligent acts and M.R.C/C.R.M’s personal injuries) you may sustain that result from your use of, or inability to use, the Platform.” 

The sub- section titled “WARRANTY DISCLAIMER”, including all of the bullet points therein, is deleted in its entirety.

Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:

The sub-section titled “INDEMNIFICATION AND RELEASE” is deleted in its entirety.

The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:

“LIMITATION OF LIABILITY. Any liability of M.R.C/C.R.M and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of intent or gross negligence. In cases of slight negligence the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.”

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries above, except the following is added at the end:

“All claims shall be brought within two (2) years after the claim arises.”

HUNGARY

Introductory Paragraphs: The second bullet point in the first section above titled “Terms of Sale” is amended by adding the following:

“These Terms constitute an implied agreement between you and M.R.C/C.R.M, unless otherwise meeting the requirements of written agreements under Hungarian Law.”

ITALY

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The last bullet point paragraph under the sub-section titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:

“To the maximum extent allowed by applicable law, M.R.C/C.R.M is not responsible or liable for any damages you may sustain that result from your use of, or inability to use, the features on the Platform, except in the event of fraud or gross negligence by M.R.C/C.R.M” 

The sub-section titled “USER INTERACTIONS” is deleted in its entirety and replaced with the following:

“USER INTERACTIONS.  We are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions, except in the event of fraud or gross negligence by M.R.C/C.R.M. 

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. M.R.C/C.R.M is under no obligation to become involved with any user dispute (but may do so at its own discretion) except in the event of fraud or gross negligence by M.R.C/C.R.M.”

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods, subject to any statutory provisions of applicable law which may apply regardless of any different choice of law.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved and exclusively in the court of the place where you are resident or domiciled.”
Poland

Section 11 (DISPUTES/ADDITIONAL TERMS):  the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

 “Choice of Law/Jurisdiction

  • The Platform, Terms, and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Polish law.
  • All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved in the courts competent under applicable law.”
SWITZERLAND

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub- section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“CHOICE OF LAW/JURISDICTION

  • You agree that the Platform, Terms, and any dispute between you and M.R.C/C.R.M shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • You agree that all disputes arising directly or indirectly out of or in connection with the Platform and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland.”
JAPAN

Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:

The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:

LIMITATION OF LIABILITY.  NONE OF THE M.R.C/C.R.M PARTIES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A M.R.C/C.R.M EVENT OR M.R.C/C.R.M ARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF M.R.C/C.R.M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST M.R.C/C.R.M IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF M.R.C/C.R.M IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, M.R.C/C.R.M’S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE. 

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following:

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and M.R.C/C.R.M shall be governed in all respects by Japense law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of M.R.C/C.R.M products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts located in Tokyo, Japan.
  • All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Date of Last Revision: March 2020