TERMS OF USE
Welcome to Momity!
TERMS AND CONDITIONS
The Terms & Conditions set out below govern the use of the services offered by Momity regarding the use of the site and/or Momity Mobile application (both defined below), so the Users are advised to read carefully and aware of your rights and obligations with respect to MOMITY.PTE.LTD.
By registering and/or using the Momity application, the user is deemed to have read, understood and agreed to all contents in the Terms & conditions. These terms & conditions are a form of agreement as outlined in a valid agreement between the User and Momity. If you do not accept these Conditions, please leave the Site and discontinue use of the Services / Mobile application immediately.
Momity reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here. If you have any questions, please email us at [email protected].
1. Definition
Terms & Conditions are an agreement between the User and Momity that contains a set of rules governing the rights, obligations, responsibilities of users and Momity, as well as procedures for using the Momity Application.
- “Account” means a registered account of a Member opened under this mobile application
- “Agreement” means the agreement formed by these Website / Mobile Application Conditions and the Privacy Policy, and in the case of a Member, by these Website / Mobile Application Conditions, the Privacy Policy and the Member Conditions.
- “Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
- “Content” means materials, information, advertisements, listings, data, input, text, pictures, graphics, software, blogs, broadcasts, messages, software, comments, suggestions, ideas and other content.
- “Member” means a registered member of the mobile application.
- “Member Condition” means the terms and conditions applicable to Members accessible here.
- ” Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
- “Users” are parties who use Momity services, including but not limited to buyers, sellers and other parties who just visit the Momity application.
- “Buyer” is a registered user who makes a request for Goods sold by the Seller in the Momity application .
- “Seller” is a registered User who takes the action of opening a store and/or making an offer for an item to the Momity’s application users.
- “Goods” are tangible objects / have physical goods that can be delivered/meet the delivery criteria by the goods delivery service company.
- “Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
- “User Content” means all Content on this Site or Mobile Application which is created, transmitted, posted or uploaded by a user of the Site
- “MOMITY PTE LTD Content” means all Content of MOMITY PTE. LTD. that is made available on or via this Site / Mobile Application.
- “Site” means the MOMITY PTE LTD website / Mobile Application containing the link to these Terms & Conditions.
- “Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or / Mobile Application linked from the Site.
- “Services” mean contents, a social networking platform, email alerts and any other features that MOMITY PTE LTD through the site / Mobile Application.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
2. Agreement
You here by represent and warrant that: you have read and agreed to use the momity services in accordance with these Website / Mobile Application Conditions and our Privacy Policy.
If you are an individual, you are at least 18 years old and have the necessary legal right, authority to agree to these Website / Mobile Application Conditions. If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
If you are representing a company, organisation or any other legal entity (“Entity”), you have authority, power, right and legal capacity to bind the Entity to these Terms, and performing legally binding contracts under applicable law.
All information which you provide should be accurate, up to date, truthful and complete.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to keep your password secure and your account information up to date at all times.
- Momity will not ask for a username, password or verification SMS code or OTP code belonging to the User’s account for any reason; therefore, Momity urges Users not to provide such data or other important data to parties on behalf of Momity or other parties whose security cannot be guaranteed.
- The user hereby declares that Momity is not responsible for any losses or obstacles that arise from misuse of the User account caused by the negligence of the User, including but not limited to agreeing and/or providing account login access sent by Momity via notification messages to other parties via the device. Users lend accounts to other parties, access links or links provided by other parties, provide or show verification codes (OTP), passwords or emails to other parties, or the negligence of other Users, which results in losses or problems in the User’s account.
- The User understands and agrees that in order to use the one-time password (OTP) security facility, the relevant telecommunications service provider may at any time charge the User.
You shall use the services in accordance with these Terms and shall not:
- Set up multiple accounts.
- lend, transfer or sell your account or user ID to another party.
- Use another user accounts and collect any information without their permission.
- Upload any content that violates any other party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Create duplicating stores, duplicating products, or other action that may be indicated as unfair competition efforts.
- Promote shops and/or goods directly using private message facilities, product discussions, product reviews which may disturb the convenience of other users.
- Use and/or access the Momity system directly or indirectly either in whole or in part with viruses, software or other technology that can cause weakening, damage, disrupt or inhibit, limit and/or take over the functionality and integrity of the software or hardware systems, networks and/or data on the Momity’s Site or Mobile Application.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters to other users.
- Use, modify, disassemble, duplicate, resell and/or other exploiting activities on the software system or hardware, network and/or Site/Application data with automatic or manual technology without permission from Momity.
- create and/or use hardware/software/features and/or other tools, including but not limited to emulators, robots, macros, crawlers and/or automated devices for the purpose of accessing or using services on the Momity system, such as but not limited to:
- store data manipulation;
- create multiple accounts;
- manipulating devices that aim to harm Momity;
- crawling/scraping or content copying activities;
- automation activities in transactions, buying and selling, promotions, and so on;
- addition of products to storefronts;
- collect (harvest) or steal user data;
- spamming, sending large amounts of electronic communications, sending chain letters; and/or
- other activities that can reasonably be assessed as acts of manipulating services and systems.
- Commit any act to avoid paying any applicable fees and/or charges.
Momity has the authority to adjust the number of store transactions, adjust the number of reputations, and/or carry out the moderation process/close the User's account if it is known or suspected of fraud by the User aimed at manipulating User transaction data in order to improve the store's reputation (review and or a number of transactions). An example is the shopping process to the store itself using a personal account or other personal accounts.
3. Content Use Conditions
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”). There are 3 types of content that you will be able to access on the site or Mobile Application.
- content that you upload and provide (“Your Content”);
- content that members provide (“Member Content”);
- and content that Momity Pte.Ltd. provide (“Our Content”).
We don't allow certain content on Momity. To guarantee a safe environment for all women, you must comply with our content rules along with our community guidelines.
- In using any features and/or services of Momity, Users are prohibited from uploading or using words, comments, pictures, videos or any content that contains elements of ERR (Ethnicity, Race and Religion), discrimination, demeaning or cornering others, vulgar, threatening, advertising or promoting to sites other than the Momity application, or other things that can be considered not in accordance with social values and norms or based on policies determined by Momity. Momity reserves the right to take necessary actions to violate these provisions, including content deletion, store moderation, account blocking, and others;
- Users are prohibited from using languages that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
- Users are prohibited to promotes or encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offence;
- Users are prohibited to use contents that contains obscene, pornographic, or otherwise may offend human dignity;
- Users are prohibited from using photos or images of goods that have a watermark indicating the ownership rights of others.
- The users guarantees that the uploaded photos/images do not include content prohibited or violate the property rights of other parties.
- When a user uploads to the Momity app with content or posts content, the User grants Momity a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensed (through multiple tiers) right to exercise any and all copyright, publicity, trademark, database rights and intellectual property rights that Users have in the content, in any known media now or in the future. Furthermore, to the fullest extent permitted by applicable law, you waive your moral rights and undertake not to assert those rights against Momity.
- The user understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
- The user acknowledge that they do not violate intellectual property rights in uploading User Content to the Momity application. Each User hereby is personally responsible for infringing intellectual property rights in uploading content on the Momity application.
Without limiting the foregoing, Momity reserves the right to remove or block any Content:
(a) that violates these Terms of Use;
(b) if we receive a complaint from another User;
(c) if we receive a notice of intellectual property infringement or other legal instruction for removal; or
(d) if such Content is otherwise objectionable.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Momity, are entirely responsible for all Content that you uploaded, posted, emailed, transmitted or otherwise made available through or on the Platform.
4. Buying and Selling on Momity
In using the Services, Users who have registered the right to act as Seller to create a listing and offer an item for sale and/or offer a service, you must agree to comply with the following:
- Users who will act as Sellers are required to choose the option of using an open store service. After using the shop opening service, the User has the right to make arrangements for the items to be traded in the User’s personal storefront.
- Users who have opened a store are expected to upload product content to be traded within 90 (ninety) calendar days after the store has been successfully opened.
- Each item and/or offer of service must be listed in the appropriate category and should have it’s own listing.
- You must provide a fair, accurate and complete description of each item or service, including listing price and discount price for the item.
- You listing for an item or service should only inlude text, descriptions, graphics, images and other relevant content to the item.
- All content contained in a listing must be true, complete, accurate and should not misleading in any manner whatsoever.
- You are agreed not to create duplicate stores, duplicate products, or other actions that may be indicated as unfair competition efforts.
- You are agreed to not alter the price after a sale or misrepresent the item’s price or location.
- You understands and agrees not to use, modify, disassemble, duplicate, resell and/or other exploiting activities on the software system or hardware, network and/or Site/Application data with automatic or manual technology without permission from Momity.
If you are a seller, you acknowledge and agree that
- You are the owner of the item and the item that you are selling on the Momity platform is not stolen.
- The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- The sale of the item complies with all laws and regulations which apply to that item.
- You ship the item with the buyer as per the discussed terms and complete the transaction unless there is an exceptional circumstance such as, failed to authenticate the buyer’s identity.
- In communicating with a buyer through the Services for the offering of or acceptance of services or purchase or sale of an item (each, a “Transaction”), you may obtain personal information of the buyer, such as their email address, phone number and mailing address. You should only be using such information for the purpose of completing the Transaction.
If you are a buyer, you acknowledge and agree that
- You are responsible for reading, understanding, and agreeing to the information/description of the entire Goods (including but not limited to color, quality, function, etc.) before making an offer or commitment to purchase.
- whose offer for an item has been accepted by a seller, you agree to make the payment to the seller and complete the transaction, unless there is an exceptional circumstance, such as, failed to authenticate the seller’s identity.
- all transactions made between you and Seller other than through Momity’s Official Account and/or without Momity’s knowledge (through private facilities/network, sending messages, special transaction arrangements outside the Momity Application or other efforts) are personal responsibility.
5. Payment Service
5.1. Shipping Service
Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that Momity has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.
Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows Momity to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, Momity is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.
5.2. Momity Coins
Momity Coins can only be used in the jurisdiction it was purchased in (i.e. Momity Coins purchased in: (i) Singapore can only be used in Singapore; (ii) Indonesia can only be used in Indonesia (iii) Coins purchased in India can only be used in India; and (iv)Coins purchased in Malaysia can only be used in Malaysia;(v) Coins purchsed in Australia can only be used in Australia.
You may purchase Momity coins by using your credit card or debit card or may be any of the methods made available on that platform that will be notified to you from time to time.
By selecting a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution.You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.
Any personal data which you provide to us in respect of the purchase of Momity Coins will be held in accordance with Momity's Privacy Policy and by proceeding with the purchase, you are hereby agreeing to this arrangement.
In addition, we have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties.
5.3. Prohibited Items
You acknowledge and agree that you shall not use the payment services in connection with any content, business or activities that are considered as illegal. We have reserves the right to take all steps to ensure that you do not use the Payment Services in connection with such businesses or activities. You further agree that you are responsible for all purchases and/or sales including transactions which you did not authorise.
5.4. Payment Service Provider
In order to use payment services, you agree to provide momity and its related corporations with accurate and complete information required for the Payment Services through the platform. You acknowledge and agree that Momity uses certain third-party service providers including Stripe to process payments and to manage the account information you have provided to us.
6. Dispute
If a dispute does arise with a user of our service, you are encouraged to resolve the situation with that user amicably. If you are unable to resolve your dispute and you notify to momity, momity will attempt in good faith to facilitate resolution of the dispute but we are under no obligation to resolve the same. In that case, you release Momity from claims, demands and damages or losses (actual and implied) of every kind and nature, known and unknown, arising out of the disputes with users of our services.
7. Privacy
8. Intellectual Property
The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants logos and the product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates or third parties, and no right or license is granted to use them.
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Momity. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Momity. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Momity.
9. Reporting unauthorized content
If you believe a User on our Platform is violating these Terms of Use, please contact us via email at [email protected] or through the communication channel(s) made available on the Platform.
Momity reserves the right to suspend or terminate the user account and/or access to the Services if there are repeat complaints against user of intellectual property infringement.
10. Suspension and Termination; Account Deactivation and Closure
We want Momity to be a place where women feel safe to express themselves and share their thoughts and ideas.If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.
You may deactivate or delete your Account at any time through the “Settings” section of your profile page.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose all information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
11. Disclaimer of Warranty and Limitation of Liability
You acknowledge and agree that Momity Services are provided to you on an "AS IS" and "AS AVAILABLE" basis, and that your use of Momity's services and any content, products or services accessed or obtained thereby is at your own risk and discretion .
Momity always strives to keep Momity's services safe, comfortable and function without disruptions, delays or imperfections, but we make no guarantees that a) the use of services will always be secure, timely, error free or uninterrupted; b) the services will meet all your expectations; c) The services or momity server's are free of viruses or other harmful components; d) the errors in the Application and/or the Software will be corrected; e) Any stored data will be accurate or reliable.
We cannot predict when issues may arise with our services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any damage or loss (including but not limited to loss of money, reputation, profits, or other intangible loss) resulting directly or indirectly from:
- User’s use or inability to use Momity Services.
- Prices, Shipping or other instructions are available in the Momity service.
- Delays or interruptions in the Momity Service.
- Negligence and losses incurred by each User.
- Goods Quality.
- Delivery of goods.
- Violation of Intellectual Property Rights.
- Disputes between users.
- Defamation of other parties.
- Any misuse of goods that the User has purchased.
- Losses due to unauthorized payments to parties other than to Momity’s Official Account, in any way in the name of Momity or negligence in writing accounts and/or other information and/or negligence on the part of the bank.
- Delivery for the repair of goods with an official warranty from the manufacturer.
- Buyers can bring the Goods directly to the nearest service center with a warranty card and purchase invoice.
- Viruses or other malicious software (bots, scripts, automation tools) are obtained by accessing or connecting to Momity services.
- Any glitches, bugs, errors or inaccuracies in the Momity Service.
- Damage to your hardware from using any Momity Services.
- Content, actions, or inaction from third parties, including those related to Products contained in the Momity application that are suspected to be fake.
- Enforcement actions are taken with respect to User accounts.
12. Indemnification
You will indemnify and hold harmless Momity, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity (g) your misuse of the Service, the Software and/or the Application.
13. Governing Law and Jurisdiction
This agreement will be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws rules. You agree that any legal action or dispute that may arise out of relating to or be in any way connected with the site and/or this agreement will be resolved exclusively within the jurisdiction of the courts of Singapore.
Terms & Conditions may be changed and/or updated from time to time without prior notice. Momity recommends that you read carefully and check this Terms & Conditions page from time to time for any changes. By continuing to access and use Momity's services, the user is deemed to have agreed to the changes in the Terms & Conditions.
Becoming Momity
Our mission is to help each woman to lead a healthier and happier lives by creating a trusted community and connecting them to the verified beauty and wellness providers. You can be at any stage of womanhood, becoming momity is just a click away!
Becoming Momity
Our mission is to help each woman to lead a healthier and happier lives by creating a trusted community and connecting them to the verified beauty and wellness providers. You can be at any stage of womanhood, becoming momity is just a click away!
Becoming Momity
Our mission is to help each woman to lead a healthier and happier lives by creating a trusted community and connecting them to the verified beauty and wellness providers. You can be at any stage of womanhood, becoming momity is just a click away!