Terms of Service 

 
 

Terms and Conditions of USE

Please read this document before accessing the Shimoda website. By accessing the Shimoda Website, you agree to be bound by the following terms and conditions.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

1. Acceptance

MAC Group Europe Ltd ("MAC EU") provides this website ("Shimoda Website") to you on the basis of the following terms and conditions ("Terms and Conditions").  By accessing any page on this Shimoda Website, you agree to be bound by these Terms and Conditions.  These Terms and Conditions may be updated by MAC EU from time to time by posting the updated Terms and Conditions without prior separate notification to you. You should check the Terms and Conditions each time you access the Shimoda Website to check for updates.

2. Shimoda Website

You will be able to obtain information about certain Shimoda products and services on this Shimoda Website and you may also submit queries to Shimoda to receive more information.  Please note that this Shimoda Website is the European website and that products and services provided might vary from region to region.  Please use the links to the other regional websites to find out details about products and services available.

3. Cookie information

Our websites are created for us by professional web-creation companies using industry standard software platforms. These platforms place cookies on your machine for various purposes to do with managing the operation of the site, and handling any purchases you may make. The cookies do not tell us any personal information - about your name, location or other details.    MAC EU has no direct control over the cookies which our providers use.

Our websites may contain links to other websites of interest, but MAC EU does not have any control over those websites and so cannot be responsible for the protection and privacy of any information you provide when visiting such websites. You should exercise caution and look at the privacy notice of the website in question.

If you do not wish to allow cookies to be placed on your device, you can make this option in the settings of your own device.  But be aware that you will not be able to view or use some sites or individual features if you set the option to prevent cookies.

For a list of the cookies used by this site, please click here:  [Link to cookie list]

4. Use

You undertake not to post to or send via this website any materials that are or could reasonably be construed as: (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law.

You also agree not to transmit to or send via the website any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.

MAC EU reserves the right to remove any materials from the website where it reasonably suspects that such material is prohibited by this Section 4 or is otherwise inappropriate. Notwithstanding the foregoing, you acknowledge that MAC EU has no control over content on the website provided by other users, neither does it purport to monitor the content of the website to ensure its accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions.

You must not link to the Shimoda Website other websites which are indecent or inappropriate, and you must forthwith remove any link if MAC EU in its discretion so requests.

All materials (including, but not limited to, text, music, sound, photographs, graphics, images, video, data compilations, digital downloads and software) and unless specified or third party materials linked and/or referred to on this Website ("Materials") are the property of MAC EU and its associated companies and suppliers and protected by European, US, Chinese and international copyright laws.

Copyright of the third party materials will be subject to jurisdictions specified in the third party website.

MAC EU authorises you to view and download the Materials only for your personal, non-commercial use; provided, that you do not modify or create any derivative work of the Materials in any way, or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.  Any use of the Materials on any other website or networked computer environment for any purpose is prohibited.

If you wish to use the Materials beyond the scope as authorised above, you need to obtain prior approval by the relevant copyright owners or licensors of such Materials, i.e. MAC EU, its associated companies, suppliers or others.

If you wish to directly quote any portion of the Contents in any printed material such as magazines, please contact the Webmaster for permission at marketing@macgroupeu.com.  If you wish to publish any part of the Materials on CD or other media, please specify which portion of the Materials you wish to publish.

You agree to indemnify MAC EU and its affiliates against any claim, demand, loss or damage suffered as a result of breach of this Section 4.

MAC EU does not give authorisation for the use of third party materials for any personal and/ or non-commercial use. Authorisation for the use of third party materials remains with the relevant third party.

5. Disclaimer

MAC EU hereby excludes all conditions, warranties, representations or other terms concerning the supply or purported supply of, failure to supply or delay in supplying any service in connection with the Shimoda Website or that the Shimoda Website is accurate, complete or up-to-date, which might but for this Section 5 have effect between MAC EU and you, or would otherwise be implied into or incorporated into these Terms and Conditions or any collateral contract, whether by statute, common law or otherwise. You understand and agree that you are using the Shimoda Website at your sole risk and that MAC EU does not warrant that the Shimoda Website will meet your requirements or that the Shimoda Website will be uninterrupted, error free or secure.  Any content or services provided via the Shimoda Website or in connection with the Shimoda Website by MAC EU is done so on an "AS IS" and on an "AS AVAILABLE" basis and MAC EU makes no representations or endorsement of any kind, whether express or implied, with respect to the Shimoda Website for the content or services included in, or made available in connection with, this Shimoda Website. MAC EU reserves the right at its sole discretion, to amend or withdraw any content or services offered as part of the Shimoda Website.

6. Liability

MAC EU, any other party (whether or not involved in creating, producing, maintaining or delivering this Shimoda Website), and any of MAC EU's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this Shimoda Website in any way or in connection with the use, inability to use or the results of use of this Shimoda Website, any websites linked to this Shimoda Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Shimoda Website or your downloading of any material from this Shimoda Website or any websites linked to this Shimoda Website.  This shall not affect your statutory rights.

MAC EU is not liable for the accuracy in content and advisory value of any third party information that are linked and/ or referred to in the Shimoda Website. The links and reference are provided for your information only.  MAC EU has no control over the contents of these third party sites and excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party for the use of these information. Nothing in these Terms and Conditions shall exclude or limit MAC EU's liability for (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.

7. Privacy Policy

Link to Privacy Policy

8. Trademark

You must not display or use in any manner the Shimoda trademarks or logos without MAC EU’s prior written permission.

9. MAC Group Europe Ltd

MAC Group Europe Ltd, St David’s Court, Union Street, Wolverhampton, WV1 3JE, United Kingdom

Tel +44 (0)1902 255500

Registered no: Company Registration Number: 09359080

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.

11. Copyright

Copyright © MAC Group Europe Ltd 2018.  All rights reserved.  It is strictly prohibited to copy, redistribute, republish or modify any materials or software contained on the Shimoda Website or in subsequent support without the prior written consent of MAC EU.

Updated:  30 July 2018

12. Trading Terms and Conditions

Link to Terms of Trading