Welcome to mbt.com. These Terms and Conditions of Use (the “Terms”) are applicable to the use of the mbt.com website (collectively, and including any related mobile applications, the “Site”) but do not include third-party web sites not maintained or sponsored by Masai International Pte Ltd and its direct and indirect subsidiaries (collectively, the “Company”).
Terms and Conditions of Use
By accepting these Terms through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. It is a violation of the terms and conditions of use if you use the Site and are under 13 years of age. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
Physical Activity Notice and Health Related Information Disclaimer
The Site may include content that promotes exercise or other physical activity. Please consult with your health care professional before engaging in any physical activity and consider the risks involved. The Company is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, products sold or offered for sale on the Site.
Certain health-related information may be provided on the Site. Any such health-related information is provided only for the purposes of consumers located in Finland. Use of health-related information outside of this jurisdiction may not be appropriate or permitted under the law.
If you wish to purchase any product or service made available through the Site (each, a "Transaction"), you may be asked to provide information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of your Transaction. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that private, non-public, home use (where no admission fee is charged) and may not be duplicated. Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
The United States and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with Company, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws. By entering into a transaction with Company through this Site, you are representing to us that you are not in a country where such import/export is prohibited and that you are not a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import, export, or re-export.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Company and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Except as expressly indicated on the Site, the Company trademarks, service marks, and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Company.
The copyright in all material provided on this Site by Company is held by Company or by the original creator of the material. Company grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated uses. Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site.
User Names and Passwords
If this Site permits you to adopt a User Name and a Password in order to access features of this Site, then:
- You agree to use the Site solely for legitimate purposes.
- When registering for a User Name, you agree that you will use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity.
- You agree to immediately notify us of any unauthorized use of your Password, User Name or the Site, or any other breach of security. (Send your notice to us via the Contact section of this Site.)
- You agree not to share your User Name or Password with any other person.
- You agree to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your User Name or Password.
Company reserves the right at any time in our sole discretion to terminate your Password and User Name and your use of the Site for any reason or no reason.
Reviews and Submissions
Visitors may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you agree that your material is not confidential or proprietary, and you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and sublicensees the right to use the name that you submit in connection with such content, if Company wishes. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company for all claims resulting from content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by you or any third party, including content that is offensive, unlawful or objectionable.
Linking To and From This Site
Anyone linking to the Site must comply with all applicable laws. A site that links to the Site:
- may link to, but not replicate, content on the Site;
- may not create a browser or border environment around content on the Site;
- may not imply that Company is endorsing it or its products;
- may not misrepresent its relationship with Company;
- may not present false information about Company's products or services;
- may not use Company's Trademarks or Copyrighted material without express written permission; and
- may not contain content that could be construed as distasteful, offensive or controversial, and must contain only content that is appropriate for all age groups.
Third Party Sites
References on the Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, products or services. Company not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. Also, if you decide to link to a third party site FROM THE SITE, please be aware that your use of the third party site will be governed by such third party's terms and policies, including any policies regarding the COLLECTION, USE AND DISCLOSURE of your personal information. It is your responsibility to review any such terms and policies before using any third party site.
If any advertisement for a product or service provided by anyone other than Company appears on the Site, Company does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; and (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Site and other than generally available third party web search engines.
Disclaimer Of Warranties
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND MATERIALS ON THE SITE.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE (INCLUDING CELL PHONES AND TABLETS), COMPUTER SYSTEM OR ANY OTHER DEVICE THAT YOU USE TO ACCESS THE SITE, AS WELL AS ANY LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
PLEASE NOTE THAT THE SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, COMPANY DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THE SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF COMPANY.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on the Site. For such products, the warranty, if any, set forth on such label controls Company's liability for such product. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation Of Company's Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE SITE OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY REMEDY AGAINST THE COMPANY FOR USE OF THE SITE OR ANY OF ITS CONTENTS IS TO STOP USING THE SITE. IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY OF ITS CONTENT, THE COMPANY’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCEDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your Indemnification Obligations
You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys' fees and expenses, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or content on the Site.
To the extent any of these Terms would not be enforceable under the local laws of the country from which the Site is being viewed, that term shall be severable from this agreement and the remainder of this agreement shall be remain in force and effect. Viewing the Site from countries, if any, in which its content is illegal is strictly prohibited and would be a violation of these Terms.
If any provision of these Terms shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and the other provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms were last revised on July 1, 2013 and govern your access of the Site from this date forward until a later revision is posted.
Which Information Does Company Collect?
We collect personal information about you to deliver the products and services that you request and to help improve your experience.
Information You Give Us
We collect personal information from you in a variety of ways when you interact with Company through our website and other social media. Some examples include when you:
- Create an account on our website;
- Place an order or make an online purchase from us;
- Conduct a transaction where we collect information, including when required by law;
- Request customer service or contact us;
- Submit a Company related story, testimonial, rating or review, participate in any live chat session, comment on any blog posting, or provide other content that may be posted on the website or any of our social media sites;
- “Follow,” “like” or otherwise connect with us on any of our social media pages; or
- Otherwise submit personal information to us along with any related content of the communication.
Personal information is information that identifies you or is reasonably linked to you. The personal information that we collect may include contact and payment information such as your name, email and physical addresses, phone numbers, and credit and debit card information. When you ask us to ship an order, we may collect information you provide to us such as the name, address, and phone number of recipients. For certain transactions, we may be required to collect information to comply with legal requirements.
Information from Other Sources
We may receive personal information about you from other sources as well. Examples of these sources are entities that can help us correct or supplement our records, improve the quality or personalization of our service to you, and help prevent or detect fraud.
Automated Information Collection
We receive and store certain types of information when you interact with our website, social media pages, emails, and online advertising. Our purpose is to allow the website to work correctly, to evaluate use of the website, and to support website analytics and marketing campaigns. Some examples include:
- We may collect technical information such as your internet protocol address, your device operating system and browser type, the address of a referring website, if any, and the path you take through our websites. We use this information to analyze trends, administer the website, track users' movements, and gather broad demographic information for aggregate use. We do not link IP addresses to your personally identifiable information. We can and will use IP addresses, however, to identify a user when we feel it is necessary to enforce compliance with our terms and conditions or to protect our service, the website, customers or others.
- We may also use web beacons. Beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our website and other sites were effective.
Who Collects My Information?
Company collects the information described above via our website and social media pages. In the case of any third party features such as advertising, co-branded areas or links to other websites, such third parties may also collect information. We recommend that you review the applicable privacy policies of these third parties before providing personally identifiable information. Company is not responsible for any actions or policies of such third parties.
How Does Company Use My Information?
Company uses your information to offer and provide our products and services and to support our core business functions. Some examples include:
- To fulfill your requests for products and services and communicate with you about those requests;
- To register and service your account;
- To provide customer service and alert you to product information;
- To provide customer service and alert you to product information;
- To send you information about our products, services, and promotions; and
- To protect the security or integrity of our website and our business.
To accomplish these purposes, we may combine personal and non-personal information we collect with offline information, including information from third parties. We may transfer or disclose your information to affiliates for these purposes.
Does Company Disclose My Information Outside of Company?
Company does not sell or rent your personal information to third parties. We only disclose your personal information with your prior consent or under the following limited circumstances.
We may disclose or otherwise make available personal information about you to service providers that help with our business operations. Examples are shipping vendors, billing and refund vendors, payment card processors, and companies that help us improve our product and service offerings and our website. Your personal information may be stored and processed by our service providers in the United States or other locations where the service providers or Company maintains facilities. We require our service providers to keep your information secure. In addition, our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf.
We may also use foreign facilities to process, store or back up electronic information. As a result, you hereby consent to us transferring your personal information to overseas facilities for such purposes.
Legal Requirements and Protection of Our Company and Others
We may disclose your information in other special circumstances, including when the sharing is necessary to protect Company, our customers, our employees, or any other person, or where otherwise required by law. Company may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable law.
We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Company or as part of a corporate reorganization or stock sale or other change in corporate control.
How Does Company Secure My Information?
Securing your information is a Company priority, and we use reasonable security measures to help protect the confidentiality of personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us.
Your account information is protected by the password you use to access your online account. Please keep this password confidential. We also use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your account information will be protected during transport across the Internet.
Hard Copy and Electronic Storage Protections
Personal information that is maintained in our offices is subject to physical, administrative, and technical controls as well. Hard copies of sensitive personal information are maintained in locked locations or cabinets with similar restrictions for electronic storage. When disposed of, the information is shredded, destroyed, erased, or otherwise sought to be made unreadable.
We protect payment card information we collect during transactions. We comply with industry standards that require safeguards for handling and securing customer information, including using secure networks; encryption or other protection of cardholder data; physical and technical access controls; monitors and tests of security systems; and information security policies.
Privacy of Children Online
Our website is not geared towards children. In order to protect the privacy of children, the Company website and social media pages do not knowingly collect personal information from children under the age of 13 without prior parental consent. Please contact us if you believe we may have collected information from your child, and we will work to delete it.
How Can I Manage the Use of My Information?
We want to communicate with you in ways you want to hear from us. Examples are newsletters, special offers, and new product announcements. We use the following standards for marketing communications:
- We use an opt-in standard for phone and text messages. We also use an opt-in standard for sharing personal information with third parties for marketing purposes. Opt-in means we will only conduct the activity with your express consent.
- We use an opt-out standard for email or for other communications like mail. Opt-out means we consider your consent is implied but will stop the activity on your request.
You can provide us with your marketing preferences by visiting [INSERT LINK], which also allows you to update or change your preferences about receiving marketing materials at any time. Or you may contact us as described below.
If you contact us by email or mail, please be sure to include your full name, the types of communications you would like to receive or not receive, and your related contact information. For instance, if you would like to opt-out of mail, include your mailing address. Please allow sufficient time for your preferences to be processed. It may take up to 10 days to process your requests related to email and 4-6 weeks for other requests.
Please be aware that, even if you have opted out of receiving marketing communications from us, we may still contact you for transactional purposes. Some examples are contacts for customer service, product information, service or reminder notices, or recalls. We may also need to contact you with questions or information regarding your order, such as regarding order status, shipment, or refunds.
Online Operations and Advertising
You may exercise choices related to our online operations and advertising. For instance, you can choose to browse our website without accepting cookies. Please know that cookies allow us to recognize you from page to page, and they support your transactions with us. Without cookies enabled, you will still be able to browse our website but will not be able to complete a purchase or take advantage of certain website features.
How Can I Access and Update My Information?
Company takes reasonable steps to keep your personal information accurate and complete. You can access or update your personal information, including contact or account information, in the following ways:
- If you have created an account on our website, log into your account. Once you do, you will be able to enter and update your own contact information and payment information.
- If you need help accessing your information related to a service provided by a third party, we will assist you by referring you to the third party. Please contact us as described below.
Under California law, California residents who have an established business relationship with Company may opt out of Company disclosing personal information about them to third parties for their marketing purposes. If you do not want Company to disclose information to other companies for their marketing purposes, and/or you do not want to receive marketing from Company, please contact us as described below to opt out.
What If I Am An International Customer?
If you are visiting our website from a location outside of the United States, you may be connected to servers located within the United States or in other countries whose data protection laws may not be equivalent to the laws in your country of residence. By providing your information to us, you are consenting to the transfer of your personal information to facilities located outside of your country of residence and understand that your information will be stored and processed in accordance with U.S. law.