Terms of Service

User Agreement

Welcome to Mooments, a service of Volyty Pte. Ltd., d/b/a Mooments ("Mooments", "we", "us", "our") and our website and mobile applications ("Site"). Please read this document carefully because this User Agreement and Website Terms of Use (collectively, "Terms") describe the legally binding agreement between you and Mooments, on which we offer you access to the Site and our Services, including the services provided by our payment processing company(s), an independent third party, e.g., Red Dot Payment (collectively, the "Service").

The Terms, including our Privacy Policy are a contract between you ("you", "your") and Mooments. If you use the Service, you represent that you are at least 18 years old, and have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which you access the Site.

We may modify the Terms (including our Privacy Policy) at any time in our sole discretion, by posting amended Terms to the Site or by sending you an email. If you thereafter use the Site or Service, you will be deemed to have accepted the revised Terms. If you see the word "including" in the Terms, it means "including but not limited to".

Your Account

By using the Service, you agree to the following; When you register and create an account, make a purchase for yourself, send a gift to someone or when you send a Mooments eInvite, you agree: (a) to submit your own mobile number (b) your own valid e-mail address, (b) to create a password and username; (c) that all information that you submit will be accurate and not misleading; (d) to keep confidential, all aspects of your account including your username and password; (e) that you are responsible for any and all uses of your account, whether or not you’ve authorized such use; (f) to keep confidential all aspects of other Users’ account information that you may have access to; (g) to immediately notify us of any unauthorized use of your account; and (h) that you will not use the Site or Service for any unlawful or otherwise prohibited activity; (i) You authorize your mobile carrier to disclose your mobile account details for verifying your identity. Those details may include your name, billing address, email and phone number, if available.

Mooments Service

The Service allows you or a gift organizer ("Organizer") to easily purchase an electronic gift card for yourself or send electronic gift cards ("Gift Cards") to your friends and family. Mooments Merchant Gift Cards are issued by a particular third party merchant or Merchant ("Merchant"), and these Gift Cards are received via email or mobile or via our Web, Facebook or Mobile App. Gift Cards can be used online as well as at most physical stores in accordance with the applicable Merchant’s policies (See Gift Card Section below). Merchants and available denominations of their Gift Cards and their store locations are subject to change at each merchant’s discretion and redemption or expiration, if any of each merchant’s cards is subject to the limitations and conditions set by the merchant at the time of redemption. To use the Service, a user will log in to Mooments, choose a Gift Card, and follow the instructions for their specific purchase choice.

To use the service you need to register an account with Mooments. Registration on the Site, and use of our Service is free of charge. However, Mooments reserves the right to assess a fee or fees at any time in our sole discretion. To make a purchase, you must use a valid MasterCard, VISA, or any other payment method accepted as displayed on the Site.

Access to the Service is provided based on the option chosen when you register, and you should not authorize any other person or entity to use your unique User ID. You are responsible for preventing such unauthorized use. If you become aware of any unauthorized activity please notify us at the earliest at .

Mooments does not have any control over a gift card’s intended Recipient, or any other Users of the Service, nor do we have any control over any of the Merchants. Consequently, we are not and will not be liable for any loss or damage that you may incur as a result of your interactions and transactions with any Users, or Merchant, including any loss or damage resulting from: (i) making a payment, (ii) late or failed delivery of any product or service, including Gift Cards, (iii) any defect or other quality aspect of any product or service, or (iv) breach of any Merchant warranty, express or implied whatsoever. The dealings between you, and any Users or Merchants are solely between you and the applicable User, or Merchant as the case may be. We are not responsible for changes in any Merchant’s redemption terms; including any price change that may occur after you send a Gift Card but prior to payment for the applicable product or service. You understand that we do not issue Gift Cards through the Service. The issuers of all Gift Cards are the applicable Merchants and the respective Merchant has the liability for the Redemption of the Gift Card. We have no obligation to resolve any dispute between you and any other User or Merchant. Users may resolve a dispute directly with each other or with the applicable Merchant. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless Mooments and its officers, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors from and against all third party claims, costs, losses, liabilities and expenses (including damage awards, settlement amounts, and reasonable attorneys' fees and costs, whether incurred as the result of a third party claim or a claim to enforce this Term), and other damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or otherwise (collectively, "Losses") related to such dispute.

You and other Users provide information and other content to the Site and the Service ("Content"). We do not control, endorse or verify any Content. You understand that we may use your Content to provide the Service and for statistical, analytical, reporting and other purposes (see our Privacy Policy).

We reserve the right to cancel a User account at any time for any reason in our sole discretion. User accounts may be cancelled for several reasons, including but not limited to:

• Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable Content
• Any sexually explicit Content
• Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation
• Posting any unsolicited or unauthorized advertising, "spam," or junk mail, including "chain letters" and "pyramid schemes"
• Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right
• Uploading a virus or Content designed to disrupt, limit, or damage any functionality of any computer software or hardware
• Posting Content originally posted by another User without permission or attribution
• If we in our judgment and sole discretion deem it appropriate.

If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to . We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term has been violated and to determine what, if any, action should be taken.

Mooments processes payment transactions on your behalf each time a payment is made. All gift cards can be redeemed by the recipient of any gift as applicable. Except for mooments gift cards, mooments is not the issuer of any of the gift cards available through the service or on the site. The issuer is the merchant for the applicable gift card.

GIFT CARDS TERMS OF SALE

Mooments provides consumers with opportunities to purchase Gift Cards to be used at third party Merchants. From time to time, Mooments may have offers that are conditional to a time limited promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

Both Mooments and our participating Merchants may offer Mooments’s Users the opportunity to send targeted free Gift Cards ("Promotional Gift Cards") to be used for products and services at select Merchants stores and on their websites. Both Mooments and our partner Merchants can choose our target groups based on gender, location, age, etc. and may at their sole discretion issue a limited amount of free Gift Cards to be sent to the respective target group. Promotional Gift Cards expire based on the Merchant instructions.

Mooments Users can also choose a participating Merchant and purchase a Gift Card to be delivered electronically to a friend at predetermined values. Users friends are defined by friends available through the users email, mobile number, Facebook account and other methods. By placing an order for a given Gift Card, you agree to purchase the Gift Card you have selected on the Merchant terms, restrictions and conditions associated with the Gift Card. Once you’ve placed your order, you will receive a confirmation of the purchase and your credit/debit card, or other account will be charged for the amount of any paid portion of the Gift Card value. Once the purchase is confirmed the Gift Card will be sent to the selected friend using Mooments’s Site and associated platforms at the direction of the Sender. You are required to register an account with Mooments in order to purchase or receive any Gift Card. An account is required to ensure the authenticity of your transaction and also to collect your payment information and provide you with higher security while redeeming Gift Cards, view your past purchases, and modify your personal preferences.

Unless otherwise stated by the applicable Merchant, the Gift Card is not redeemable for. The expiration date for a Gift Card (if any) is as displayed on the Gift Card.

Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales taxes, value added taxes or any other taxes which may be charged to you separately by the Merchant at the time you redeem the Gift Card.

Mooments is not the issuer of the Merchant Gift Cards. They are issued by the Applicable Merchant and as such the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. By purchasing a Gift Card from Mooments, a User acquires the right to redeem a Gift Card issued by the participating Merchant and to use the Gift Card subject to the Merchants terms and conditions and the Terms of this Agreement. Whether the User chooses to redeem the Gift Card prior to its expiration date (If any) is within the user’s sole control and at the user’s sole discretion.

All risk of loss and title for the Gift Card will pass to the Purchaser, or Recipient (as applicable) upon electronic transmission to such individual. Mooments is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. Mooments is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of Mooments. If your Gift Card order is incorrect, you must notify Mooments within 30 days and provided the balance on the Gift Card has not been spent and has not changed from the original amount, we will make our best reasonable efforts to correct the error. If Mooments is not notified of any error within 30 days of the date of electronic transmission of the Gift Card, the Gift Card will be deemed to be satisfactory. Participating Merchants’ Gift Cards must be redeemed at the applicable Merchant’s website or physical retail store, subject to the Merchant’s then current terms and conditions.

No single User may purchase or send more than SGD 2,000 on any single Gift Card sold on Mooments on any single day, and no User may purchase or send an aggregate of Gift Cards on Mooments in an amount greater than SGD 2,000 in any single day in one or more transactions.

Mooments Gift Cards

Mooments offers and Mooments Gift Card that is designed to allow Users to purchase any Merchant brand offered at the Site. Gift Cards must be redeemed toward the purchase of eligible Merchant Gift Cards available at the time of redemption at the Mooments website or any of our affiliated web sites, subject to change at our sole discretion. Purchases are deducted from the Mooments Gift Card balance. Any unused balance will be placed in the recipient's Mooments account. If an order exceeds the amount of the Mooments Gift Card, the balance must be paid with a credit/debit card or other available payment method. To view Mooments Gift Card balances, click on "My Wallet" to view your balance.

The risk of loss and title for Mooments Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if an Mooments Gift Card is lost, stolen, destroyed or used without your permission.

Mooments will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Mooments Gift Card is redeemed and/or used to make purchases on Mooments or any of its affiliated websites.

Merchants Gift Cards offered at Mooments are subject to change, and availability of Gift Cards for any Merchant cannot be guaranteed. Mooments does not assume responsibility or liability for the actions, products, locations or content of any current, former, or future Merchants on the site.

All Merchant Gift Cards purchased at Mooments may be redeemed at the store or website of such merchant (where applicable), subject to that Merchants terms and conditions. Merchants and available denominations of the Merchant Gift Cards and locations of the Merchants are also subject to change. Mooments Gift Cards are not redeemable for cash, may not be returned, credited or exchanged, and may not be used on the website or in the stores of any of the Merchants displayed on the site.

Redemption of Merchant gift cards is subject to the limitations and rules set by the respective Merchants and such Merchant Gift Cards may not be available for use and redemption by individuals located outside the United States. See Merchant terms and conditions located at the Merchant site for more details.

Non-promotional Mooments Gift Cards do not expire. Promotional Mooments Gift Cards expire per the specific promotion. Mooments Gift Cards are subject to the Terms of this Agreement.

Redemption

Users of Mooments may purchase Gift Cards and send the Gift Cards to their friends. Friends will be notified via SMS, email. After logging into the system you will become a member and view any Gift Cards for which you are the Recipient. To redeem, follow the redemption instructions associated with each Merchant’s Gift Card, as mentioned under that particular Merchant’s Gift Card in your “My Giftcards” section of your logged in account.

Sales Tax

Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales taxes, which may be charged to you separately by the Merchant at the time you redeem the Gift Card.

Shipping Policy

The Merchant who will fulfil your order will ship your product according to its customary shipping policy. Mooments is not responsible and has no control of the actual delivery date or performance of the Merchant where the Gift Card is redeemed. Mooments does not ship any products.

Refund, Return/Exchange Policy

Except as expressly defined herein, all sales are final and there are no cancellations, refunds or exchanges permitted. Mooments is not responsible for the refund and returns of any products purchased from Merchants. Your only recourse for refunds, returns and exchanges is with the applicable Merchant. Although we believe the applicable Merchant will grant refunds and/or accept returns according to its customary refund policy, we cannot guarantee this because we do not control any Merchant.

Links to Third Party Sites

The Site contains links to other third-party websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy or other practices of such websites. Accordingly, we cannot and shall not be responsible for any issues, including offensive or malicious content, usability, or other problems with or related to those websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit.

Intellectual Property

Any trademark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively, "IP") displayed on the Site are either our property or the property of our licensors, co-branders, or other third parties and may not be used by you without the prior written consent of the owner of such IP. All rights to third party IP are reserved to such third-parties. You may not post, distribute, reproduce, or sell in any way, any third-party IP without legal authorization. You will indemnify and hold harmless Mooments and its affiliates, subsidiaries, members, managers, officers, employees, agents, representatives, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) (collectively "Indemnified Parties") from and against all Losses related to any unauthorized use of any third party IP

Mooments, the Mooments logo, Volyty Pte. Ltd., and the other names, logos, icons and marks identifying Mooments and its products and services are IP owned by us and may not be used without our prior written consent, which we may grant or withhold in our sole and absolute discretion. We reserve all rights not expressly granted under the Terms. By using the Service, you expressly agree that any information you provide via uploading or posting will be at your sole risk and we shall not be responsible to you or any third party in any way under any circumstance for any such information or other Content you provide to Mooments. You may not post, distribute, reproduce, or sell in any way, any Mooments IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorized use of any Mooments IP and/or the Service. You may not copy, sell, resell, or otherwise exploit any aspect of the Service for any commercial purpose. We retain and reserve all right, title, and interest to all IP and other material on the Site (except for IP belonging to third parties), including all software and other computer code. None of the material on the Site may be reverse-engineered, disassembled, decompiled, transcribed, resold, or redistributed without our prior written consent, which we may grant or withhold in our sole and absolute discretion. You may use one copy of the material on the Site for your personal, non-commercial viewing and use only. You acknowledge that you do not acquire any ownership right or other interest by downloading any IP from the Site. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media nor stored in a computer except for your personal non-commercial use.

Disclaimer of Warranties

Use of the mooments service is at your sole risk and you are solely responsible for any loss that results from such use. The service is provided on an "as is" basis. Mooments and its licensors expressly disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the performance of any third party, including any merchant, who might fulfill any gift card or ship any product or provide any service purchased with a gift card. Neither mooments nor any of its licensors makes any warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure, or error-free. Neither mooments nor any of its licensors makes any warranty as to the results that may be obtained from the use of the service, as to the accuracy or reliability of any information obtained through the service, or that defects in the service in whole or in part, including software, will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

In no event shall mooments be liable to you or any third party for any indirect, incidental, special, or consequential damages resulting from the use or the inability to use the service, including damages for lost profits, even if mooments has been advised of the possibility of such damages. Further, mooments shall not be liable to you or any third party for any third party content uploaded onto or downloaded from the service. In any event, the maximum liability of mooments to you shall not exceed the net amount of fees paid by you during the three-month period immediately preceding the date of your claim.

Your Indemnity

You shall indemnify and hold harmless the Indemnified Parties from and against any and all Losses incurred by any Indemnified Party arising out of or related to: (i) your use of the Service; (ii) any breach or non-compliance with respect to any Term or any of our policies by you or anyone under your direction and control; (iii) any act or omission of yours or anyone under your direction or control; and/or (iv) your violation or alleged violation of any law or right of any third-party.

Equitable Relief

By using the Mooments Service, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Term and that any such breach may cause Mooments significant and irreparable injury and damage. Accordingly, you acknowledge that Mooments shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event.

General Terms

Users of the Service agree may not involve Mooments or any other Indemnified Party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Merchant, or other third party arising out of or in any way related to the Service ("Dispute"). If you attempt to do so you shall: (i) pay all costs and reasonable attorneys’ fees incurred in connection therewith by us, any of our affiliates, or any of their respective employees, and you shall indemnify and hold harmless the Indemnified Parties from all Losses incurred by any of them as a result.

Any notice required or given to you under the Terms may be delivered by electronic mail at the e-mail address or through an SMS you provide during registration on the Site.

This agreement constitutes The Terms and this User Agreement constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

If you have any questions or problems with any order placed by you in connection with the Service, please contact us via email at . For prompt service, please include your order number and the specific problem.