Terms & Conditions of Use
These Terms and Conditions of Use govern access to and use of MAYA MAYA.ch website as well as MAYA MAYA mobile apps or service offerings allowing connection to MAYA MAYA’s mobile-enhanced versions of its online websites (together, the “MAYA MAYA Digital Platforms”). The MAYA MAYA Digital Platforms are hosted by or for Swiss Mavericks GmbH and its parent, subsidiaries, and affiliates (with such entities referenced herein collectively as “MAYA MAYA” or with “we” or “us”).
By downloading, accessing, or using the MAYA MAYA Digital Platforms, you also represent that you are at least 18 years old and you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the MAYA MAYA Digital Platforms. In addition, when you use any future version of the MAYA MAYA Digital Platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records.
Please also note that MAYA MAYA reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement, updating the existing Agreement with a date of change or mailing and/or e-mailing notice thereof to you. Your continued use of the MAYA MAYA Digital Platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.
MAYA MAYA and all other names, logos and icons identifying MAYA MAYA and it’s programs, products and services, including any logos, page headers, icons, designs or trade dress whether its appearing in large print or it’s an accompanying symbol, they are all proprietary trademarks of Swiss Mavericks GmbH and/or under copyright laws (or its parent, subsidiaries, affiliates…) and are protected from reproduction, imitation, dilution or confusing, misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks, logos, … without the express written permission of Swiss Mavericks GmbH is strictly prohibited. Nothing which is stated or implied on the MAYA MAYA Digital Platforms confers on you any license or right under any trademark and/or copyright of MAYA MAYA or any third party.
The MAYA MAYA Digital Platforms are Copyright © Swiss Mavericks GmbH and/or it’s licensors. All rights reserved.
All text, images, photographs, graphics, user interface, and other content provided on the MAYA MAYA Digital Platforms, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by MAYA MAYA or its third-party licensors to the full extent provided under all international copyright laws. MAYA MAYA also holds rights in the contents on the MAYA MAYA Digital Platforms as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the MAYA MAYA Digital Platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by MAYA MAYA and/or its licensors or suppliers.
Nothing stated or implied on the MAYA MAYA Digital Platforms confers on you any further license or right under any copyright of MAYA MAYA or any third party. The MAYA MAYA Digital Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicity display, perform, distribute, transmit or circulate to anyone the contents of the MAYA MAYA Digital Platforms, or use the contents of the MAYA MAYA Digital Platforms in litigation or for any commercial or promotional purposes, without the express written consent of MAYA MAYA or it’s lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.
MAYA MAYA respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the MAYA MAYA Digital Platforms, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
You acknowledge that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If MAYA MAYA terminates or suspends a user’s access to or use of the MAYA MAYA Digital Platforms, MAYA MAYA will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is MAYA MAYA’s policy to document all notices of alleged infringement upon which MAYA MAYA decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If you believe that your work has been copied and is accessible on the MAYA MAYA Digital Platforms in a way that constitutes copyright infringement, please provide MAYA MAYA’s Copyright Agent with the following information:
identification of the copyrighted work claimed to be infringed
identification of the allegedly infringing material on the MAYA MAYA Digital Platforms that is requested to be removed
your name, address and daytime telephone number and email address if available, so that MAYA MAYA may contact you if necessary
a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, it’s agent or the law
a statement that the information in the notification is accurate and under penalty of perjury that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed
a digital or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement
MAYA MAYA’s Copyright Agent for notice of claims of copyright infringement on the MAYA MAYA Digital Platforms is MAYA MAYA’s Copyright Counsel, who can be reached as follows:
Swiss Mavericks GmbH
Counter notification, as permitted by applicable law, may be sent to MAYA MAYA’s copyright counsel. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
MAYA MAYA grants you a limited license to access and make personal use of the MAYA MAYA Digital Platforms and not to download (other than browser-required page caching) or modify the MAYA MAYA Digital Platforms, or any portion of them, except with express written consent of MAYA MAYA. Accordingly, you expressly acknowledge and agree that MAYA MAYA transfers no ownership or intellectual property interest or title in and to the MAYA MAYA Digital Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the MAYA MAYA Digital Platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the MAYA MAYA Digital Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the MAYA MAYA Digital Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
The content layout, formatting, and features of and access privileges for the MAYA MAYA Digital Platforms shall be as specified by MAYA MAYA in its sole discretion. You also acknowledge and agree to the following: (i) MAYA MAYA has the right to control and direct the means, manner, and method by which the MAYA MAYA Digital Platforms are provided; (ii) MAYA MAYA may, from time-to-time engage independent contractors, consultants, or subcontractors to aid MAYA MAYA in providing the MAYA MAYA Digital Platforms or use thereof; and (iii) MAYA MAYA has the right to provide the MAYA MAYA Digital Platforms to others.
Notwithstanding the license grant herein, neither the MAYA MAYA Digital Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MAYA MAYA. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MAYA MAYA and our affiliates without express written consent. In addition, you may not use meta-tags or any other hidden text using MAYA MAYA’s name or trademarks without the express written consent of MAYA MAYA. Any unauthorized use terminates the permission or license granted by MAYA MAYA.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for MAYA MAYA’s domain address) to any page of MAYA MAYA so long as the link does not portray MAYA MAYA or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MAYA MAYA logo or other proprietary graphic or trademark as part of the link without express written permission.
Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the MAYA MAYA Digital Platforms, MAYA MAYA shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.
The MAYA MAYA Digital Platforms may contain hyperlinks (“links”) to Web sites operated by persons or entities other than MAYA MAYA (“third-party Web Sites”). We provide such links for your reference and convenience only. A link from MAYA MAYA to a third-party Web site does not imply or mean that we endorse the content on that third-party Web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party Web Sites to which you might link from the MAYA MAYA Digital Platforms.
MAYA MAYA is also not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party web site, any merchant or operator of a third-party web site, or any other person with whom you engage in any transaction.
MAYA MAYA welcomes your feedback and suggestions about MAYA MAYA’s programs or services or with respect to how to improve the MAYA MAYA Digital Platforms. By transmitting any such suggestions, information, material, or other content (collectively, “feedback”) to MAYA MAYA, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to MAYA MAYA and enable MAYA MAYA to use such feedback.
In addition, any feedback received through the MAYA MAYA Digital Platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for MAYA MAYA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
The MAYA MAYA Digital Platforms may offer certain tools, handheld offerings, or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the MAYA MAYA Digital Platforms shall be in accordance with this Agreement.
The MAYA MAYA Digital Platforms may contain blogs, message boards, comment areas, questionnaires, review areas, and other interactive features and functionality where users can share and post information. To the extent that the MAYA MAYA Digital Platforms contain such communication forums (collectively, “Forums”), you agree that by using the MAYA MAYA Digital Platforms you will not upload, post, display, or transmit any of the following materials on the MAYA MAYA Digital Platforms’ Forums:
anything that interferes with or disrupts the MAYA MAYA Digital Platforms or the operation thereof
statements or material that defames, harasses, abuses, stalks, threatens, intimidates or in any way violates the rights of others
unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others
statements or material that violates other contractual or fiduciary rights, duties, or agreements
statements or material that is bigoted, hateful, or racially offensive
statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction
statements or material that constitutes anti-competitive collaboration and/or antitrust violations
statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person
statements or material that harms minors
statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of MAYA MAYA
statements or material that misrepresents your affiliation with any entity and/or MAYA MAYA
anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual
chain letters or pyramid schemes
statements or materials that are deceptive or misleading
statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials
statements or material that are “off-topic” for a designated Forum, and
files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the MAYA MAYA Digital Platforms
Forums and Social-networks are the resources and property of MAYA MAYA and/or its licensors, and you will not have any proprietary interest in any Forum/Social-network. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or other portion of the MAYA MAYA Digital Platforms or by otherwise using the MAYA MAYA Digital Platforms to transmit or display a Posting, you automatically grant MAYA MAYA royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to MAYA MAYA and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that MAYA MAYA has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the MAYA MAYA Digital Platforms MAYA MAYA has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, MAYA MAYA assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
MAYA MAYA is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to MAYA MAYA’s right and ability to delete or remove a Posting (or any part thereof), MAYA MAYA does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, MAYA MAYA reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that MAYA MAYA believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to MAYA MAYA or its affiliates, volunteers, services, or goodwill. If you violate this Agreement, MAYA MAYA may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the MAYA MAYA Digital Platforms or provide your personal information to third parties to enable them to take legal action in respect of unlawful or infringing content published by you on MAYA MAYA Digital Platforms.
You agree to comply with all applicable law in connection with your use of the MAYA MAYA Digital Platforms, and such further limitations as may be set forth in any written or on-screen notice from MAYA MAYA (provided in connection with your use of the MAYA MAYA Digital Platforms). As a further condition of your use of the MAYA MAYA Digital Platforms, you warrant that you will not use the MAYA MAYA Digital Platforms for any purpose that is unlawful or prohibited by this Agreement. You access the MAYA MAYA Digital Platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the MAYA MAYA Digital Platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the MAYA MAYA Digital Platforms will be accurate, complete, and current.
Registration as a user for access to certain areas of the MAYA MAYA Digital Platforms or in connection with recurring visits or purchasing may require both an email address (it is at the same time your username) and/or password or adherence to other particular access requirements as designated by MAYA MAYA. Only one user can use one email address and/or password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of your email address and/or password can gain entry to the restricted portions of the MAYA MAYA Digital Platforms and to your account. Accordingly, by using the MAYA MAYA Digital Platforms, you agree to consider your email address and/or password as confidential information and to keep your email address and/or password confidential. You will immediately notify MAYA MAYA if you become aware of any loss or theft of your email address and/or password or any unauthorized use of your email address and/or password. MAYA MAYA will not be liable for any loss or damage arising from your failure to comply with these obligations. MAYA MAYA reserves the right to delete or change a username or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.
By using the MAYA MAYA Digital Platforms, you agree not to violate or attempt to violate the security of the MAYA MAYA Digital Platforms, including, without limitation, actions such as:
accessing data not intended for you or logging into a server or account that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the MAYA MAYA Digital Platforms;
sending unsolicited e-mail, including promotions and/or advertising of products or services; and
forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.
Actual or attempted unauthorized use of the MAYA MAYA Digital Platforms may result in criminal and/or civil prosecution. MAYA MAYA reserves the right to view, monitor, and record activity on the MAYA MAYA Digital Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the MAYA MAYA Digital Platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the MAYA MAYA Digital Platforms as well as to disclosures required by or under applicable law or related government agency actions. MAYA MAYA will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, MAYA MAYA reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the MAYA MAYA Digital Platforms, or any portion of the MAYA MAYA Digital Platforms in order to protect the MAYA MAYA Digital Platforms, MAYA MAYA, or MAYA MAYA’s business or goodwill.
You also acknowledge and agree that use of the Internet and access to the MAYA MAYA Digital Platforms is solely at your own risk. While MAYA MAYA has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the MAYA MAYA Digital Platforms over the Internet or other form of global communication network is outside MAYA MAYA’s control and cannot be guaranteed. Accordingly, MAYA MAYA is not responsible for the security of any information transmitted to or from the MAYA MAYA Digital Platforms.
The MAYA MAYA Digital Platforms are provided by MAYA MAYA on an “as is” and “as available” basis. to the maximum extent permitted by law, MAYA MAYA makes no representations and warranties of any kind, express or implied, as to the operation of the MAYA MAYA Digital Platforms or the information, content, third-party content, materials, products, services or linked services provided on or through the MAYA MAYA Digital Platforms, including without limitation, that the information provided through the MAYA MAYA Digital Platforms will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the MAYA MAYA Digital Platforms will be available at any particular time or location; that defects or errors in the MAYA MAYA Digital Platforms will be corrected; or that the content on the MAYA MAYA Digital Platforms is free of viruses or other harmful components. Any information on the MAYA MAYA Digital Platforms is subject to change without notice, and MAYA MAYA disclaims all responsibility for these changes. You expressly agree that your use of the MAYA MAYA Digital Platforms is at your sole risk.
To the maximum extent permitted by law, MAYA MAYA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event will MAYA MAYA, or any party involved in creating, producing, or delivering the MAYA MAYA Digital Platforms, be liable for any damages of any kind arising from the use of the MAYA MAYA Digital Platforms, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the MAYA MAYA Digital Platforms or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to MAYA MAYA through the MAYA MAYA Digital Platforms; in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure; or with respect to any claim or damage arising from a cause beyond MAYA MAYA’s control whether in an action under contract, negligence, tort, strict liability, or any other theory, even if MAYA MAYA has been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
This Agreement, your rights and obligations, MAYA MAYA’s rights and obligations, and all actions contemplated by this Agreement will be governed by Swiss law, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within Switzerland. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. Any dispute relating in any way to your visit to the MAYA MAYA Digital Platforms shall be submitted to the competent Swiss Court.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of MAYA MAYA proprietary assets, will cause irreparable injury to MAYA MAYA, such injury would not be quantifiable in monetary damages, and MAYA MAYA would not have an adequate remedy at law. You therefore agree that MAYA MAYA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that MAYA MAYA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to MAYA MAYA to enforce any provision of this Agreement.
You agree to defend, indemnify, and hold harmless MAYA MAYA and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by MAYA MAYA arising out of or relating to your use of the MAYA MAYA Digital Platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.
This Agreement will take effect at the moment you click “Accept”, register, respond to a request for information, and/or begin downloading, accessing, or using the MAYA MAYA Digital Platforms, whichever is earliest. MAYA MAYA reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the MAYA MAYA Digital Platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the MAYA MAYA Digital Platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the MAYA MAYA Digital Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the MAYA MAYA Digital Platforms in your possession. The provisions concerning MAYA MAYA’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and sever-ability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.
We may discontinue the MAYA MAYA Digital Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the MAYA MAYA Digital Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the MAYA MAYA Digital Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAYA MAYA as a result of this Agreement or your use of the MAYA MAYA Digital Platforms. Nothing contained in this Agreement is in derogation of MAYA MAYA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the MAYA MAYA Digital Platforms or information provided to or gathered by MAYA MAYA with respect to such use. A printed version of this Agreement and of any notice given in Digital form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of MAYA MAYA to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the MAYA MAYA Digital Platforms and their content, and supersedes any prior or contemporaneous communications between MAYA MAYA and you regarding the MAYA MAYA Digital Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
Terms & Conditions of Sale
These general Terms and Conditions of Sale apply to all orders placed on this website, by email or telephone. www.mayamaya.ch is operated by Swiss Mavericks GmbH, Schulstrasse 1, 7302 Landquart, Switzerland.
Commercial register number: CH-350.3.012.030-0
VAT number: CHE-131.245.259 MWST
This document (together with the documents it refers to) describes the terms and conditions for placing orders and on which we supply any items (the “Items”) listed on www.mayamaya.ch to you. Please read the following terms and conditions carefully.
After you select one/more of our Items in the store section of www.mayamaya.ch, you have to choose the size and colour. On each product page you can find our size chart, which helps you to decide on the right size for you. After you selected the size and colour, please add the quantity you wish to order as well. The selected Item(s) can be then transferred to your shopping cart by clicking on the “Add to Cart” button. You can also save the item if you wish to purchase it another time by clicking on the “Add to Wishlist” icon. You can either add more Items to your cart or proceed to the checkout by clicking on the “My cart” button located at the upper right corner of the page.
By clicking on the “My cart” button you will see your order overview. If your order is correct you have to click on “Process Checkout”. In case your order is not correct, you can delete certain items from your cart by using the trash icon next to the item or you can change the quantity here as well.
If you are a registered customer and you are already logged in you will see your saved invoicing and shipping address within the next step. If you have more addresses saved, you can choose which one should be used or you can add here directly a new address. Choose the shipping method and click on “Next”.
If you are a registered customer but you are not logged in yet, you can login and enter the checkout process again, in order to apply your saved delivery and invoicing address.
If you are not a registered customer, you have the option of placing your order without registering by simply entering your email address and continuing to follow the instructions. Registration is also possible at this step and is recommended due to the discounts you may receive as a result.
Choose the payment method how you wish to pay for your item(s) and insert your payment details. Now you have the option to review your order and amend any changes before ordering. If everything is correct, then confirm the order by clicking “Finish” or “Confirm Order”.
Your order is submitted. You will receive an order confirmation to your email immediately. After successfully processing your order, you will receive a payment confirmation, an invoice as well as a tracking number to follow your shipment.
Please note that all orders are subject to acceptance by us. Your order is not confirmed until you receive the payment confirmation email. The payment confirmation email forms the contract between you and us. The contract will only relate to those Items which dispatch we have confirmed in the payment confirmation email. We will not be obliged to supply any other Items which may have been part of your order but we didn’t confirm in our payment confirmation email.
Your order will be shipped out by the date set in the payment confirmation email or if no date is specified then within 30 days upon the date of our payment confirmation, unless there are exceptional circumstances.
We don’t sell products for children and do not allow children to purchase products by themselves from www.mayamaya.ch. We only sell products to adults, 18 years and older. All service and product orders are subject to our acceptance. Accordingly, we reserve the right to refuse service for transactions, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including without limitation, if we believe that the user conduct violates applicable law or is harmful to the interests of MAYA MAYA or its affiliates.
The product prices are as displayed on the website, except in case of obvious error. The pricing is global and is available in 3 currencies: EUR, USD and CHF. You have the right to choose the currency you prefer. In case you are our member, you will be automatically connected to the currency related to your country:
EUR: European Union member states and: Norway, Iceland, Bosnia and Herzegovina, Serbia, Macedonia, Albania, United Kingdom
CHF: Switzerland, Lichtenstein
USD: USA, Canada, Middle and South America, Australia and the rest of the world
The product prices displayed on the website are including Value Added Tax (VAT). The VAT rate can vary from country to country.
We reserve the right to modify prices at any time without notice. Changes will not affect orders which have been already confirmed.
Payments can be processed by the payment methods Stripe can provide (selected credit/debit cards, PayPal, Apple Pay, Android Pay). MAYA MAYA will not charge any additional amount for any of the payment methods listed above. However, we do not take responsibility for charges which might occur (taxes, fees, currency changes, …) on the side of our customer, and/or it’s payment provider.
If you qualify for free shipping, we do not charge you for that. However, if you do not qualify, a fixed shipping rate is applied to your order already at the checkout process. Find out if you qualify for free shipping here.
The payment is processed thought a secure payment service (Stripe). We do not view, have access to or store your classified financial information.
The ownership of the Items will be transferred to you when we receive the full payment for your chosen products and you do not claim a return within the set period. All purchased Items are transported and delivered to you by an independent carrier not affiliated with, or controlled by us. The risk of ownership of your Items is transferred to you on delivery.
In no event will MAYA MAYA or its affiliates or suppliers be liable for any loss of use, injuries, accidents, it’s interruption, lost time or occasions, interruption in business, lost profits or indirect, special, incidental or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), strict liability or otherwise, even if MAYA MAYA or its affiliate or supplier has been advised of the possibility of such damage, and whether or not any remedy provided should fail of it’s essential purpose.
The total cumulative liability to customer, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product paid by the customer. In addition, MAYA MAYA shall not be liable for customer’s or any third party’s wear or gear contained in, sorted on or integrated with any product of MAYA MAYA, returned or not, whether under warranty or not.
We accept no liability for any loss of income, revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
MAYA MAYA has made every effort to display as accurately as possible the colours of the products that appear on the web shop. The colours of drawings and photos might differ from the original colours as the actual colours (photos and drawings) you see depend on your computer monitor or mobile device. As a result of this we cannot guarantee and do not warrant that the color you see in your monitor or device will be accurate.
Applicable laws require that some of the information or communications we send to you should be in writing. By using www.mayamaya.ch you accept that the communication with us will be mainly electronic. We will contact you by email or provide you information by posting news/ notices on our website. For contractual purposes you agree to this communication method and you acknowledge that all contracts, notices, information and other communications that we provide you electronically comply with all legal requirements. This condition does not affect your statutory rights.
All notices given by you to us must be sent to firstname.lastname@example.org. We may give notice to you either to your email or postal address you provide by registration or by placing an order. Notice will be deemed received and properly served immediately when it’s posted on our website, 24 hours after an email is sent or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove- in the case of a letter- that such letter was properly addressed, stamped and placed in the post; in case of an email, that such email was sent to the specified email address of the addressee.
These terms and conditions are binding on you and us as well as on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract or any of your rights or obligations arising under it without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any of our rights or obligations arising under it at any time during the term of the contract.
Registration as a member for access to certain areas on www.mayamaya.ch or in connection with recurring visits or purchasing may require an email address (this is at the same time your username) and password or adherence to other particular access requirements as designated by us. Only one user can use a certain email address and password and, thus, one account. By limiting access, it helps to avoid unauthorised usage by other persons, institutions or entities, because anyone with knowledge of your email address and password can gain entry to the restricted portions of www.mayamaya.ch and to your account.
Accordingly, by using www.mayamaya.ch you agree to consider your password as confidential information and to keep it confidential. You will immediately notify us if you become aware of any loss or theft of your email address or password or any unauthorised use of your email address or password. We will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change a username or a password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these terms and conditions.
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these terms and conditions that are caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action, 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, pandemic or other natural disasters, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunication networks, and the act, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail at any time during the term of a contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.
If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.urt.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the supply of Items from www.mayamaya.ch and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that in agreeing to be bound by these terms and conditions, neither of us has relied on any representation, undertaking or promise given by the other or from anything said or written in negotiations between us prior to such agreement except as expressly stated in these terms and conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any order (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Contracts for the purchase of Items through www.mayamaya.ch are governed by Swiss law. Any dispute arising from, or related to such Contracts will be subject to the non-exclusive jurisdiction of the Swiss courts.
You have one month from the date MAYA MAYA informs you of the applicability of the preceding paragraph, to inform MAYA MAYA in writing that instead of the Swiss court, you choose to have legal proceedings before the competent courts in the place where you officially reside.
The language of the Contract is English