SWIRE RESOURCES LIMITED (collectively, “Marathon Sports”)

Terms of Use for Digital Platform

 

1. Terms of Use

1.1 Please read these Terms & Conditions carefully as they apply to your assessing or use of this website, mobile application or other Marathon Sports (collectively "Marathon Sports") product or service (collectively the "Platform" or “Website”) on any computer, mobile phone, tablet, console or other device (collectively, "Device"). By using this Platform you agree to be bound by these Terms and Conditions and other applicable law, whether or not you are a registered member of Marathon Sports.

1.2 We technically operate the Platform. However, we exercise no editorial control over some of the Content on the Platform and in some cases other persons provide the Content on the Platform or operate parts of the Platform or other Internet sites/platforms you may view or access through the Platform (Third Party Providers).

1.3 We may revise these Terms & Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

 

2. Registration

2.1 You may be required to register with us in order to become a member of the Marathon Sports Platform, or post User General Content, or access certain parts of the Platform (Sub-Portals). Where you are required to register:

2.1.1 you must provide us with accurate, complete and updated registration information;

2.1.2 you must safeguard any user name and password which we provide to you;

2.1.3 you authorise us to assume that any person using the Platform with your user name and password is either you or is authorised to act for you; and

2.1.4 you should be eighteen (18) years of age or older, or those who are between thirteen (13) years and eighteen (18) years of age but obtained consent from your guardian & parents and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 18 or older, or between thirteen (13) years and eighteen (18) years of age but obtained consent from your guardian & parents. Your account may be deleted without warning if you misrepresent your age.

2.2 You acknowledge that your use of some Sub-Portals may be governed by additional Terms & Conditions. Where this is the case, you will be notified accordingly, and those additional Terms and Conditions will apply to your use of such Sub-Portals in addition to these Terms & Conditions and

will prevail over these Terms & Conditions to the extent of any inconsistency.

 

3. Services

3.1 You acknowledge that we may, in our sole discretion and with or without notice, vary the Platform or any part of the Platform (including any Sub-Portals for which you are required to register); modify or discontinue this Platform or any part of the Platform and the services available on it.

 

4. Platform Content

4.1 All intellectual property on the Platform is owned by SWIRE RESOURCES LIMITED which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Marathon Sports name and logo) are owned and registered by SWIRE RESOURCES LIMITED. All content on the Platform including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the copyright laws of Hong Kong and other countries and is the proprietary property of SWIRE RESOURCES LIMITED; All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marathon Sports trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without SWIRE RESOURCES LIMITED's prior written consent. The use of Marathon Sports trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platform in any external Internet site or the creation of links, hypertext or hyperlinks between the Platform and any other Internet site, is prohibited without the express written consent of SWIRE RESOURCES LIMITED.

4.2 The Content is only for your own non-commercial use, participating in the Platform or placing an order or purchase Marathon Sports products. You warrant not changing or deleting any ownership notices from materials downloaded or printed from the Platform. You warrant not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the Platform, without SWIRE RESOURCES LIMITED's prior written consent, You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

4.3 Price and other information of goods presented on the Platform is only an invitation for offer and your order shall be deemed as an offer. All orders placed through the Platform are subject to Marathon Sports' acceptance. Once your order is accepted by Marathon Sports, and the purchase contract between Marathon Sports and you is formed, only when Marathon Sports sends you the confirmation email informing that the products you ordered have been sent out. If you have ordered more than one product under a single order, the purchase contract is formed only in relation to the product(s) for which Marathon Sports has issued a confirmation email. This means that Marathon Sports may refuse to accept or may cancel any order, pursuant to these Terms of Use or for any other legitimate reason, and without liability to you or anyone else. If your debit card, credit card, bank account or any other 3rd party payment account (Unionpay/Alipay or Tenpay, etc) has already been charged for an order that is later cancelled, Marathon Sports will issue you a refund to your original purchasing account. Please find details in the Purchase Terms and Conditions.

4.4 Purchase for resale is not permitted. The Platform is intended solely for Marathon Sports to sell  products direct to end consumers. Purchase for resale means the purchase of product by someone who resells, or intends to resell, the Marathon Sports product to others (consumers, businesses or any third party). If Marathon Sports believes you are involved in purchase for resale, Marathon Sports 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 Platform account.

4.5 You agree that Marathon Sports can cancel your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:

• You have reached an agreement with Marathon Sports;
• Information of the product on the Marathon Sports website is obviously erroneous or the product is out of stock;
• Your order information is obviously erroneous or your order quantity exceeds the stock;
• Pricing errors;
• Platform technical problems;
• Due to force majeure, transportation delay, system failure or third-party attacks of the Marathon Sports website, and other circumstances beyond the control of Marathon Sports and it is necessary to cancel your order;
• You fail to complete payment within the specified time;
• Marathon Sports finds that you used scripts, robots, plug-in software or other technologies to hack the Marathon Sports network to purchase Marathon Sports products, which may affect the normal purchasing activities or rights and interests of other users, or affect the orderly sale of Marathon Sports products. Marathon Sports reserves all rights to take all necessary legal actions to protect its rights and interests;
• The purpose of purchasing Marathon Sports products is for resale;
• Using others’ accounts or identities to purchase;
• Marathon Sports finds that the purchase evades the sale rules for special edition products (for example, purchase of more than one special edition product of the same model by one purchaser; use of the same debit card, credit card, bank account or third-party payment account to make the payment by multiple purchasers; multiple orders shipped to the same address, etc.);
• Breach of other Terms of Use, Purchase Terms and Conditions or other regulations or policies of this Platform, or restricted or forbidden acts in website activities, or circumstances in breach of principles of fairness and honesty (for example, you repeatedly refuse to accept the order of goods without legitimate reason or maliciously reserve the stock, etc.).

 

5. Third Party Providers

5.1 You acknowledge that parts of the Platform, and parts of the Content, are provided or maintained by Third Party Providers and not by us.

5.2 Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.

 

6. Links and Advertisements

6.1 We have not reviewed all of the Platforms linked to this Platform and are not responsible for the content or accuracy of any off-Platform pages or any other Platforms linked to this Platform (including without limitation platforms linked through advertisements or through any search engines).

6.2 Some links which appear on the Platforms are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked platform, and you use the links at your own risk.

6.3 Your correspondence or dealings with, or participation in promotions of, advertisers on the Platform are solely between you and such advertisers.

6.4 We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Platform.

 

7. Personal Data and Cookies

7.1 In using the Platform you may give us "personal data" as defined in the Hong Kong SAR Personal Data Privacy Ordinance (Personal Data (Privacy) Ordinance). You have certain rights in this personal data. By using this Platform you grant us the consent to use your personal data in accordance with our Privacy Policy Statement.

7.2 We use third-party advertising companies to serve ads on our Website and other websites. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.

7.3 During your use of the Platform, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the Platform and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Platform.

 

8. The Use of the Platform Is at Your Risk

8.1 You use the Platform at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Platform is for information purposes only. You should seek your own independent advice with respect to any Content.

8.2 We endeavor to provide a convenient and functional Platform, but we do not guarantee that the Content will be error free or that the Platform or the server that operates it is free of viruses or other harmful components.

8.3 Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content.

8.4 If your use of the Platform results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

8.5 Without limiting the above provisions, everything on the Platform is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law or jurisdiction.

8.6 If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph 8.5 but allows limitations of a certain maximum extent then we limit our warranties to that extent.

 

9. Limitation of Liability

9.1 We will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, profits, goodwill, bargain, opportunity, anticipated savings or any other loss resulting from your access to, reliance on, use of, or inability to use the Platform and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

9.2 If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (9.1) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

 

10. Cancellation

10.1 Where you are required to register with us, you may cancel such registration at any time by notifying us in writing at:

Swire Resources Limited, Marathon Sports Customer Services Department:

E-mail:  Marathon Sportshk_info@Marathon Sportshk.com

10.2 We may cancel your registration if you do not visit the Platform for an extended period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of these Terms of Use, or have violated our rights or those of another party.

10.3 The provisions of these Terms & Conditions entitled "Use of the Platform is at Your Risk", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of these Term of Use.

 

11. General Provisions

11.1 You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Marathon Sports (“Dispute”) shall be governed in all respects by the laws of Hong Kong, without regard to choice of law provisions. 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 Marathon Sports' products) shall be resolved individually, without resort to any form of class action, and exclusively in the court having jurisdiction over the dispute in Hong Kong in accordance with the laws of Hong Kong. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts having jurisdiction over the dispute in Hong Kong. By using the Platform, you agree to receive certain electronic communications from Marathon Sports. You agree that any notice, agreement, disclosure or other communication that Marathon Sports sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Marathon Sports' failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Marathon Sports may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

11.2 If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

11.3 Marathon Sports reserves the right in its sole discretion to terminate your account, delete your profile, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Marathon Sports also reserves the right to block users from certain IP addresses or Device numbers to access the Platform. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.