Terms & Conditions

OVERVIEW

These Terms And Conditions are entered into by and between You and momentwish.com ("Company," "we," or "us"). MomentWish provides services and products to you subject to the notices, terms, and conditions outlined in this agreement (the “Agreement”). 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THEM. By using this site you agree that access to, use of this site, and any purchases made on this site are subject to the terms and conditions in this legal notice, and other applicable laws(refers to the law of The United States). momentwish.com reserves the right to change or modify any of the Terms and Conditions or any policy and/or guideline of the Site at any time. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following modifications of the terms will constitute your acceptance of such changes or modifications. Thus, frequently reviewing these Terms and Conditions and any other applicable policies is recommended. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy Of Information And Errors

• Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

• Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. 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 all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

• Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any 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 undertake 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 taken to indicate that all information in the Service or on any related website has been modified or updated.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

MODIFICATIONS TO THE SERVICE AND PRICES

The price of the product are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any 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 meet your expectations, or that any errors in the Service will be corrected.

THIRD PARTY LINKS OR TOOLS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating 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 ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any comments or materials sent to MomentWish, including but not limited to feedback data, comments and suggestions ("Feedback"), shall be deemed to be non-confidential. MomentWish shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, MomentWish shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TERMS AND CONDITIONS.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain 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/application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

PERSONAL INFORMATION

We may collect, use and disclose personal data that you provide to us to supply the Product to you, process your payment for the Product, to send you newsletters if you have registered for our mailing list, and other specified purposes. Please see our Privacy Policy for more information.

PROHIBITED USES

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  You understand and agree that, to the fullest extent permitted by applicable law, MomentWish and its officers, directors, agents, partners and employees (individually and collectively, the “MomentWish Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms and Conditions or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not MomentWish or another MomentWish Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the MomentWish Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to MomentWish for such items purchased.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any MomentWish Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.

INDEMNITIES

You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of:

• Your access of, use of and/or participation in this Site;
• Breaches of your obligations under these T&Cs;
• Your violation of any rights of another person or entity; and/or
• Your breach of any statutory requirement, duty or law.

SEVERABILITY

If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

MODIFICATION AND TERMINATION

We reserve the right to modify or discontinue the Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using the Sites at any time.You agree that MomentWish shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites. You acknowledge that MomentWish reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms or for such other reason as determined by MomentWish.

ENTIRE AGREEMENT

The Terms And Conditions, Privacy Policy, Return Policy, and all additional Terms, constitute the entire agreement between you and the company with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the website.

Any ambiguities in the interpretation of these TERMS AND CONDITIONS shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

CHANGES TO TERMS AND CONDITIONS

You can review the current version of the Terms And Conditions 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 following the posting of any changes to these Terms And Conditions constitutes acceptance of those changes.

Contact Us

If you have any questions or comments about these Terms and Condition or this Website, please contact us at support@momentwish.com