Terms & Conditions

These Terms and Conditions (the “Terms”) are applicable when you visit itsapark.com (the “Website”) or register and use a membership on itsapark.com (the “Membership”) provided by H & M Hennes & Mauritz New Business AB & Co KG reg. no. 27/606/00205 (“Itsapark”, “we” or “us”) to a consumer (“User” or “you”). These Terms apply as long as you are visiting or acting on the Website.

1. General

Itsapark grants the User a non-exclusive, non-transferable, personal use only, limited, revocable end-user license to visit and use the Website and Membership.

The User is liable for using the Website and Membership in accordance with these Terms and for the intended purpose. Also, the User must be over the age of 18 to use the Website and register a Membership. If you are at least 16 years old you may however use the Website and register a Membership only with the approval of your parent(s) or legal guardian(s).

The use of the Website and Membership is at the sole risk of the User and the Website and Membership is provided on an “as is” and “as available” basis.

Itsapark does not warrant that (i) the Website and Membership will meet your requirements or expectations, (ii) the Website and Membership will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website and Membership will be accurate or reliable, (iv) any errors in the Website and Membership will be corrected.

Access to and use of the Website and Membership requires the User to be connected to the Internet and to use technical equipment suitable to connect to the Website and Membership from time to time. The User is responsible for the network connection required to use the Website and Membership.

Itsapark reserves the right to immediately bar access to the Website and Membership of any User who violates any provision in these Terms.

Itsapark may stop, remove, modify, or add to the Website and Membership (or features within the Website and/or Membership) at Itsapark’s sole discretion. Any new or changed features are subject to these Terms.

Amendments to these Terms may be done from time to time without prior notice. Therefore, make sure to visit them every time before you visit the Website or use the Membership. If amendments to these Terms will materially affect your use of the Website or Membership negatively, we will inform you at least ten (10) business day before the amendments enters into force. If you do not agree to the amendments, you always have the right to terminate your Membership and stop visiting the Website.

Technical support is provided on a best-effort basis by our Customer Service hi@itsapark.com

You can find information about how Itsapark will process your personal data in the Privacy Notice.

2. Content

Any and all material, data, information, text, articles, photographs, images, illustrations, visual and audio which is uploaded, published and/or transferred on or through the Website by Itsapark is collectively referred to as “Content”.

You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content not owned by you from the Website or Membership.

3. The Membership

A Membership will allow you to save your favorite looks and have a personalised experience of the Website including creating a profile. The Membership is free of charge.

By registering for a Membership, you confirm that you are at least 18 years of age, or 16 years of age and have the consent of your parent(s) or legal guardian(s) as applicable. You also confirm that the information you provide is true and accurate and that you agree to these Terms.

3.1 Membership registration

Users can register for a Membership using an existing email address or an existing Facebook or Google account. We only allow one (1) registered Membership per email address or Facebook or Google account.

If a User uses an email address for the registration, the User will choose a password for accessing the Membership.

If a User uses a Facebook or Google account for the registration, the password for the Facebook or Google account will automatically become the password for the User’s Membership.

If you decide to use your Facebook or Google account to register a Membership you give us permission to access basic information from your Facebook or Google account. This information is collected by Facebook or Google and is provided to us under the terms of Facebook’s or Google’s privacy policy. We have no control over individual account privacy settings on such services or policies on how your personal data will be used by Facebook or Google. You and Facebook or Google are in control of these matters, not us. Before using these features, you are encouraged to read all policies and information on Facebook or Google to learn more about how they handle your personal data. Itsapark is not responsible for any acts or omissions by Facebook or Google and any connected service providers' use of features that come from Facebook's or Google’s platform. You can find information about how we will process your personal data in the Privacy Notice.

3.2 Usage of the Membership

By agreeing to these Terms, you agree to adhere to the rules governing the use of your Membership. Your Membership will be available from the time you receive a confirmation via email that the membership has been successfully registered.

To keep your Membership safe, make sure that you keep your Membership information, including information of your user name and password, confidential. You are responsible for all activity that is conducted on your Membership.

Your Membership will be active until it’s terminated by either you or Itsapark. You may terminate your Membership at any time, and for any reason by emailing our customer support on hi@itsapark.com. If your Membership is terminated, irrespective of by you or by Itsapark, your access to the Membership will cease immediately.

If you are proven or reasonably assumed to be in violation of these Terms, Itsapark has the right to terminate your Membership without any prior notice to you and Itsapark reserves the right to refuse or terminate any new Memberships you are found to possess or attempt to create in the future. We also have the right to terminate your Membership if we change key features or decide to no longer provide the Membership to Users.

4. User’s liabilities and restrictions

You understand and agree not to (i) force or circumvent any electronic obstacles or protection that has been implemented to protect the Website and Membership that could harm or negatively impact Itsapark’s business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other User from using or enjoying the Website or the Membership (iii) modify, decompile, reverse engineer, disassemble, employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) or reproduce the Website and Membership or to navigate or search the Website or Membership, or to copy content from the Website or Membership or in any third party system connected to the Website and Membership.

It is also forbidden to assist others in engaging in any activities specified or similar to the above.

5. Itsapark’s liability, governing law and disputes

Itsapark shall not be liable for (i) disruptions caused by the User’s use of equipment or software, (ii) disruptions caused by the User’s amendments or adjustments of the Website and Membership, or as a result of other circumstances outside Itsapark’s control, or (iii) inaccessibility or disruption of the Website and Membership caused by the User’s network connection.

We do our best to ensure that information on the Website is complete, accurate and current. Despite our efforts however, information on the Website may occasionally be inaccurate, incomplete or out of date. We do not warrant the accuracy or completeness of the information, content or materials provided through the Website.

5.1 Third parties

The Website may include links to other websites maintained by third parties. Some of these links are to our affiliate partners (“Affiliate partners”) with whom we have a commercial relationship and some of the links are to other vendors (“Vendors”) provided to you solely as a convenience. The inclusion of any links to Affiliate partners or Vendors (“Third parties”) websites does not imply endorsement by us of the content or materials on these websites.

Your access to all Third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.

If you make a purchase using a link to one of our Affiliate partners, we will receive a provision for such purchase, however Vendors that we link to from time to time on the Website, are independent contractors that we do not have any commercial relation with.

Any commercial, or other, relation that you chose to enter into with any of the Third parties that we at times may link to on the Website, is governed by that Third party’s applicable terms and conditions. We do not assume any liability for purchases of services or products that results from your interaction with the relevant Third party.

5.2 Governing law and disputes

These Terms are governed, interpreted and applied in accordance with the laws of Germany. However, if the User is resident in another country than Germany these Terms can be subject to mandatory consumer protection laws and regulations in force in the country of residence which may provide the User additional rights.

If you have a complaint regarding the Website or Membership please contact our Customer Service hi@itsapark.com. If Itsapark and you are not able to settle the complaint directly you can submit your complaint to the EU online dispute resolution platform at http://ec.europa.eu/consumers/odr/.

In the event that a solution cannot be reached the competent authorities to settle the matter are the courts in the country of the User’s residence.

6. Company information

H & M New Business AB & Co. KG Spitalerstrasse 12 20095 Hamburg, Germany

VAT number: DE312080390

Corporate identification number: 27/606/00205