Terms and Conditions for mtm labo’s Website Use
- Information on the Website
We are striving to be as accurate as possible when depicting our products and services. However, we do not warrant that the product details, including but not limited to their descriptions, recommended use, colors, or any information in the Website are completely accurate, up-to-date, error-free and complete. In the best of our endeavors, the Website may contain typographical errors. We reserve the right to remedy any such errors and inaccuracies as above, and to update information at any time without prior notice. The update of the information may include pricing or availability.
- Intellectual Property, Trademarks and Copyright
All content and its compilation on this website, including logo, text, tables, graphics, photographs, audio and video clips, service names and data (“Website Materials”), are the property and trademarks of mtm labo or its affiliates while some of them are the property or trademarks of content suppliers. These Website Materials may not be used in association with any other products and services, or reproduced, modified, duplicated, copied, resold, wholly or in part, for any commercial and personal use without mtm labo’s express prior written consent.
- Limited License for Use of the Website
By using this Website, you agree to adhere to the limited, revocable, and non-exclusive license from mtm labo. This limited license is for personal use only. Any manipulation of the access to the Website with the intention to use hidden text or tools such as metatags, spiders, crawlers, robots, and so on to download, collect, copy, index, duplicate, mine, reproduce, republish, distribute, sell any Website Materials, wholly or in part, without mtm labo’s express written consent is strictly prohibited, whether for personal or commercial. If any of the above acts is conducted, the license will be terminated immediately without notice. In particular for the information about mtm labo’s customers (“Customers”), you agree not to impersonate any person or entity, or to misrepresent your association with or to harass, including stalking, to entrap, intimidate or harm any Customers. Specifically for the hyperlink to the Website as included in the above limited license, you may not misrepresent any affiliation with mtm labo, our products or services in a false, misrepresenting, misleading, derogatory, distasteful, obscene, vulgar, or illegal manner, or from a source which is of the above nature. You must not engage in any acts which may constitute as unauthorized or unsolicited advertising or solicitation to Customers.
- Customers’ Accounts
mtm labo’s Customers can get access to certain parts of the Website. Before getting access to these areas, Customers have to first register with mtm labo, via the means of registration in our stores or via this Website. If you have registered with us, you agree to be responsible for maintaining the confidentiality of Customers’ information within your account, including but not limited to the username, password and other personal details. You also need to maintain your information up-to-date, accurate and true. You will be responsible to all activities beyond Customer’s information under your user account. Access by other persons to your user account is strictly prohibited.
- Limitation of Liabilities
The Website is presented “as is”. Subject to the laws of consumer protection, mtm labo, nor our partners, subsidiaries, franchisees, licenses, affiliates, (“we and our Parties”) accepts no liability associated with the information on this website, or on websites linked from or to this website, being incorrect, incomplete or misleading. We and our Parties do not make representations or warranties of any kind in association with the Terms and Conditions herein or any of the Website materials. You understand and agree that we and our Parties are not liable or responsible and not accepting liabilities for (1) any hindrance to the access of Materials of Website; (2) any abnormal delivery of data from the Website; (3) system malfunction which may occur in association with your use of Website, including computer viruses, hyperlink to any third-party websites; (4) errors, defects, inaccuracies and misplacement of any contents of the Website; (5) any use of the Website Materials; (6) any information from the hyperlinks of this Website being with errors, inaccurate, incomplete, incorrect or misleading; (7) loss, damages and cost of expenses of any kinds in association, or not, with the use of the Website and reliance of the Materials in the Website; (8) any unforeseeable events in and out of the usage of the Website. You also agree that you shall not stage any claims, actions or warranty of any sorts in relation to the use of this Website, retractable to two (2) years after any possible incidents fulfilling the above conditions. mtm labo bears no obligation, liabilities, warranties and responsibilities to you.
The Materials in the Website is general and is for reference and information only. Website Materials should not be treated as medical, paramedical, health or legal advice. Website Materials in this Website should not be used for or without ascertaining that Materials from professional advice or appropriate origins. You are strongly recommended to do so before taking reference from Website Materials. You are also to take personal responsibilities of using the Materials after verifying with professional advice or appropriate origins.
- Pricing of the Products and Services
Prices of the products and services given in the Website are in Hong Kong Dollars (HKD). For access by countries or locations out of Hong Kong, the prices may be changed to other denominations. Prices and shipping fees are subject to change anytime without prior notice of any means and it is the change from that time on without retrospection. If you are paying via online payment means, your payment may be subject to the validation and clearance of the issuers of the card or payment means and the issuers may reject your submission. It is also possible that the issuers of the card or payment means may charge you any processing, handling, or exchange fees (“Fees”) without mtm labo’s knowledge and we are not responsible to the Fees. Before your card or payment means are charge, we may conduct a pre-authorization check on your card or payment method before order is authenticated and dispatched. Only on successful pre-authorization that mtm labo would dispatch the concerned products or services in the transaction.
- Dispute and Resolution
All Terms and Conditions in this Website, including but not limited to the use, rights, obligations and all actions, shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) in consideration of any dispute and claim with respect to the use of the Website. Any users of the Website is as if they were entered into a contract whereby it were wholly performed. Any dispute or claims in relation to your use of the Website shall be referred to and resolved by the confidential arbitration in Hong Kong. By accessing this Website, you agree to the submission of the jurisdiction and proceedings thereof. Except that you may in any manner violated or threatened to violate our intellectual property rights or those of our Parties that the jurisdiction may be appropriate but out of Hong Kong and you consent to the submission to these possible other jurisdiction for such purposes. Arbitration in this contract shall be conduction by the International Arbitration Centre (“HKIAC”) of Hong Kong, with the HKIAC Administered Arbitration Rules under Hong Kong law. The arbitration shall be conducted in English. You agree that (1) any dispute and claims shall be limited to the dispute between you in individual capacity and us as individuals. You also agree that (2) any arbitration or proceeding in the conditions that you have no right or authority for any dispute or claims to be arbitrated or resolved on a class-action basis or related procedures; (3) you have no right or authority to bring the dispute or claims in representation of any other individuals and parties; or (4) you are not disputing or claiming as a member of purported class action-basis proceedings.
- Other terms and conditions
- Privacy Policies
In using the Website, you agree mtm labo may use personal data provided by this Website in the manner described in mtm labo’s Privacy Policies.
The credit card or other payment means transactions are fulfilled by authorized and legitimate financial or banking institutions. During the transaction, mtm labo shall not collect your credit card or payment means information. The payment gateway in facilitating the transaction payment will contact the above financial or banking institutions with all transaction details in encrypted format in their secure computer servers. Against mtm labo’s best endeavor in ascertaining the security of your transaction information, mtm labo does not guarantee or warrant its complete and comprehensive security because the transaction information is processed via the internet. Please contact your financial institutions immediately if you are in doubt of errors or mishandling of the transaction information.
Some electronic devices can be set up to accept cookies. When your electronic devices get access to the Website, a cookie will be stored on your electronic devices. It allows mtm labo to collect some information about your electronic devices, such as but not limited to domain name, IP address, operating system and types of browser. The collection of such information is to recognize your electronic devices when you re-access this Website so that such settings as language, country or locations of origins, electronic devices access would be retrieved immediately for our service quality and speed of access to the Website during your subsequent visits. It also allows tracking and statistics about the use of the Website which are strictly for mtm labo’s internal use only. If you would not like the cookie to be installed in your computer and mobile phone, you can set up your web browser such that it does not accept any cookies. But without the cookie, you may not be able to get access to certain parts of the Website.
The Terms and Conditions herein are subject to change by mtm labo anytime without prior notice by publishing the revised ones on this Website. The applicable law and jurisdiction to the Terms and Conditions herein is the law of Hong Kong. All parties, including us, Parties and the users of the Website irrevocably agree to submit to the jurisdiction of Hong Kong. In case of any proceedings being arisen, the courts competent to hear should be the courts in Hong Kong. In case of discrepancy, the English language version of these Terms and Conditions shall prevail over the Chinese language version.
- Source of information
The personal information may be collected from various means, including, namely, when you access our www.mtmlabo.com www.spabymtm.com or www.timebymtm.com (“Website” or “Websites”), our pages in social media or social networking including but not limited to Facebook, Instagram, YouTube, and so on when using electronic devices including but not limited to mobile devices, tablet, personal computers, and so on, or when being at one of our stores or events, when registering for our membership or loyalty program or other ad hoc activities held by us.
- The kinds of information collected and/or processed by us
The kinds of information collected and/or processed, but not necessarily stored, by us via the means in the preceding section may include:
- Personal particulars, such as name, address, email address, mobile phone numbers, and so on;
- Date of birth;
- Username and password;
- Product or services preferences;
- Purchase history;
- Your skin conditions and concerns such as but not limited to skin type, skincare regimes, skin conditions and the treatment that you have had during skin consultation or self-input into the Website;
- Photographs, videos, comments, survey results that you have provided to us;
- Information that you have provided to us during our marketing, online and offline campaigns, such as “likes” or “follows” responses on social media including your geographical locations at certain times.
All or any of or any of the combination of above is called personal data (“Personal Data”) thereafter. Personal Data may include some other data which would be explained below.
You are entitled to verify the correctness or availability of such information and opt for removal of any Personal data of your own. However, it is possible that opting-out from the collection of certain data may result in certain specific functions of the Website being unavailable to you.
- The Technologies Used during the Collection of Personal Data
When you visit the Website or click on any of our online advertisements in the Website or any third-party websites, visit our social media or social networking pages, or visit our stores for membership registration, certain information about your usage may be connected by means of technologies such as cookies, server log files, tags, pixels, each of which may contain several sorts. The collected information may include the individual web pages, in and out of the Website. Particularly for Website, it would include the acts on the Website, such as which web pages, how long you have stayed in a web page, and so on. Collectively the above may be included in the Personal Data.
- Cookies, including both cookies and flash cookies: they are the files that would be stored in your computer or device upon your agreement. They have a unique identifier but are non-trackable and anonymous.
- Web server logo files, including web server or any other services where the online purchase are stored and processed during processing: they can record the action of the web users on the Website, and collect your visiting data including internet service provider, date and time stamps, IP address, and browser type, for example.
- Tags, pixels, and web beacons: the data files which contain data of where and how you browse the Website.
- Geographical location: this technology enables us to determine your location while you are visiting the Website. We may also collect non-Website specific geographical location in mobile or desktop environment.
You are also entitled to make purchases on the Website, the information about your order, including but not limited to your name, billing address, delivery address, email address, contact telephone number, purchase history, payment information (credit card numbers and other related details are only processed via Website) and so on. The above information is named as “Order Information” and “Personal Data” may include it.
The major purposes of using the technologies of collecting Personal Data about your access lies in that we would like you to remain logged in our Website via electronic devices, especially for online shopping in which logging in is necessary. Also, it facilitates our analysis of your visiting data in order to improve your visiting experience on the Website and to personalize contents and rewards to you. Certainly, for your access to the Website to remain logged in, anyone having access to your devices might get access to the Website and your personal details. The use of passwords is highly recommended for access to your devices.
- How your Personal Data would be used?
On the Personal Data, the data collected would be subject to screening and safeguarding against any risk or fraud. For example, your IP address during online shopping might be used against checking the origins of the addresses for security and risk management. We may also base on the pages of Website that you have visited and recommend certain contents, products, or treatment information to you. Within Order Information, the data collected would be primarily used to fulfill your orders, notably, names, email address, billing and delivery addresses, shipping method, payment information and other transaction-relating information. With the above information, we may use it to communicate with you whenever it is necessary and, as in Personal Data, provide you with the preferred contents, products and services.
4.1 Currency Conversion
By using the Website for online purchases or orders, you agree to third parties to determine your IP address and your location for converting the currency in the Website to your local currency, and also to third parties for carrying out the currency conversion. If you choose to use the currency as in the Website, you agree to let your local financial institutions to carry out the currency conversion. In either of the above cases, you agree that there may be handling charges, service fees, or any other fees or charges to your order.
- Sharing of your Personal Data
First of all, the sharing of Personal Data would be on a collective basis. That means no details or information about an individual visitor or customer of ours would be singularized for analysis. Notably, your Personal Data collected in our stores for membership registration, or the Personal Data for purchases in our Websites, or usage of treatment services, or any other services in our stores and Websites, may be shared with our marketing or promotional campaigns as given in Clause 6, your data may also be shared with the online shopping cart vendor for facilitating the completion of the orders and the traffic of this sharing may be outside of Hong Kong Special Administrative Region, The People’s Republic of China (“Hong Kong”). It may also be shared with Google Analytics to help us understand our visitors and customers, also on a collective basis as explained above. You are recommended to understand how Google uses your Part of the Personal Data here: https://www.google.com/intl/en/policies/privacy/. To opt out from Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout. Only under the order of authorities or court, we might have to share your Personal Data in order to be in compliance with the laws, ordinances or regulations. It might also be used to respond to a search warrant, a subpoena and other lawful requests. Lastly, we might have to share in order to protect our own rights.
We may use Personal Data for marketing and promotional purposes, including (i) for sending or showing you updates on the latest news, offers and promotions in connection with our products and services (and the products and services of our group companies such as SPA by MTM and TIME by MTM (ii) for sending or showing you joint marketing offers about our products and services, loyalty programs, contests and sweepstakes; or (iii) for tailoring and tracking your interactions with internet banner advertisement and links from third-party websites to our website. We will provide an option to unsubscribe or opt out of further communication on any direct marketing communication sent to you. You may also opt out by contacting us as set out in Clause 7 below. Please note that if you choose to unsubscribe or opt out of marketing communication, we will still send you communications about your purchase or order with us and any other services that we provide to you including but not limited to service reminder messages. Where you are a club mtm labo member or a registered member under what entitles of ours, you will also continue to receive administrative emails, account summaries and updates to our services.
Right to opt out of direct marketing
Your Personal Data may be used for direct marketing, only also collectively, but mostly by means of cookies whereby the information on the Website or about our brand would be fed to you or information which may be of interest to you. You have the right to ask us not to process your Personal Data for direct marketing purposes. You can exercise your right to prevent such processing by indicating that you do not consent to marketing at the point at which we collect your Personal Data. You can also exercise the right at any time after we have collected and used your Personal Data for marketing purposes by following the opt-out instructions contained in the relevant communications.
- Your Personal Data
You have the right to get access, verify, alter or delete your Personal Data at your own will with written notice by you to us at firstname.lastname@example.org. For any further inquiries about your Personal Data, please contact our Personal Data Protection Officer.
- Data Retention and Archival
Your Order Information with us, for accounting purpose, would be kept for 7 (“seven”) years unless and until you make a request to us for deleting this information.
- Contact us
If you have further questions or inquiries about the above policies, you can reach us at email@example.com.