Terms and Conditions
TERMS OVERVIEW
This website is managed by Momcozy. On this site, the words “we”, “us” and “our” refer to Momcozy. Momcozy makes this website available to you, including the information, tools and services offered here, on the condition that you accept all terms, conditions, policies and notices set out on this page.
When you visit our site and/or buy something from us, you take part in our “Service” and agree to follow these terms and conditions (“Terms of Service”, “Terms”), together with any additional terms, conditions and policies mentioned here and/or linked by hyperlink. These Terms of Service apply to every user of the site, including, without limitation, visitors, vendors, customers, merchants and content contributors.
Please review these Terms of Service carefully before accessing or using our website. By opening or using any part of the site, you agree to be bound by these Terms of Service. If you do not accept every term and condition of this agreement, you may not access the website or use any service. If these Terms of Service are treated as an offer, acceptance is strictly limited to these Terms of Service.
Any new features or tools added to the current store will also be covered by these Terms of Service. The most current version of the Terms of Service can be reviewed on this page at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page from time to time for changes. Your continued use of or access to the website after changes are posted means you accept those changes.
Our store is hosted by Shopify Inc. They provide the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE USE TERMS
By accepting these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority there and have given us consent to allow any of your minor dependents to use this site.
You may not use our products for an unlawful or unauthorized purpose, and you may not, while using the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit worms, viruses or any code designed to be destructive.
Any breach or violation of these Terms may lead to immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred without encryption and may involve (a) transmissions across different networks; and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred across networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service, access to the Service, or any contact on the website through which the service is provided, unless we give express written permission.
The headings in this agreement are provided for convenience only and will not restrict or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete or not current. The material on this site is offered for general information only and should not be relied on or used as the only basis for decisions without consulting primary, more accurate, more complete or more timely information sources. Any reliance on material from this site is at your own risk.
This site may include certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to change the contents of this site at any time, but we have no obligation to update any information on our site. You agree that monitoring changes to our site is your responsibility.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
Prices for our products may change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice at any time.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be offered only online through the website. These products or services may have limited quantities and may be returned or exchanged only according to our Return Policy.
We have made every effort to show the colors and images of our products appearing in the store as accurately as possible. We cannot guarantee that your computer monitor will display any color accurately.
We reserve the right, but are not required, to limit sales of our products or Services to any person, geographic area or jurisdiction. We may use this right case by case. We reserve the right to limit the quantities of any products or services we provide. All product descriptions or product pricing may change at any time without notice, at our sole discretion. We reserve the right to stop offering any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will satisfy your expectations, or that any Service errors will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These limits may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may try to notify you by contacting the e-mail and/or billing address or phone number supplied when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for every purchase made at our store. You agree to promptly update your account and other details, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you when needed.
For more information, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may give you access to third-party tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to those tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We will have no liability whatsoever arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with and approve the terms under which the relevant third-party provider(s) make those tools available.
We may also offer new services and/or features through the website in the future, including the release of new tools and resources. Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may contain materials from third parties.
Third-party links on this site may take you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for third-party materials or websites, or for any other third-party materials, products or services.
We are not liable for any harm or damages connected with the purchase or use of goods, services, resources, content or any other transactions made through third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions, such as contest entries, or if without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise, collectively called “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send to us. We are under no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no duty to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not include libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for the comments you make and for their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for details.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We have no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be understood to mean that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to ask others to perform or participate in unlawful acts; (c) to violate international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may be used in a way that affects the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or bypass the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or free from errors.
We do not warrant that the results obtained from using the service will be accurate or reliable.
You agree that, from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is entirely at your own risk. The service and all products and services delivered to you through the service are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a specific purpose, durability, title and non-infringement.
In no case shall Momcozy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of any service or any products obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage of any kind incurred because of the use of the service or any content or product posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Momcozy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent allowed by applicable law, and the unenforceable portion will be considered separated from these Terms of Service. That determination will not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date will survive termination of this agreement for all purposes.
These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer want to use our Services, or when you stop using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or we may deny you access to our Services, or any part of them.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Service, make up the entire agreement and understanding between you and us and govern your use of the Service, replacing any previous or simultaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service will not be interpreted against the drafting party.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after changes to these Terms of Service are posted means you accept those changes.
SECTION 19 - CONTACT INFORMATION
Please email us if you have any questions about these Terms of Service.
SECTION 20 - COMMUNITY PARTICIPATION: REGISTERED USERS
By registering for an account through any of the Services, including Mpsteck, a universal sign-in for all Services, you represent and warrant that you (1) are the age of majority in your jurisdiction, typically age 18, or (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and use Services connected with that account. Services offered to registered users are provided subject to these Master Terms and any Additional Terms listed on the relevant Website(s).
Registration: You agree to (a) provide only accurate and current information about yourself, though use of an alias or nickname instead of your legal name is encouraged, (b) keep your passwords and identification secure, (c) promptly update the email address connected with your account to keep it accurate so we can contact you, and (d) be fully responsible for all uses of your account. You must not create an account for another individual or entity unless you are authorized to do so.
SECTION 21 - PROHIBITED CONDUCT
You agree not to participate in any of the following activities:
a. Violating laws and rights:
You may not (a) use any Service for an illegal purpose or in violation of local, state, national or international laws, or (b) violate or encourage others to violate any right or obligation owed to a third party, including by infringing, misappropriating or violating intellectual property, confidentiality or privacy rights.
b. Solicitation:
You may not use the Services or any information provided through the Services to transmit advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes or any other unsolicited or unwelcome solicitation.
c. Disruption:
You may not use the Services in any manner that could disable, overburden, damage or impair the Services, or interfere with another party’s use and enjoyment of the Services, including by (a) uploading or otherwise spreading any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment or server connected to or used to provide the Site, or violating any regulation, policy or procedure of any such network, equipment or server.
These terms are governed by the laws of Hong Kong.