Terms & Conditions

Welcome to the UMoment Gifts shopping service provided by UMoment Gifts. The terms and conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of UMoment Gifts Shopping by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service. You can use the UMoment Gifts Shopping Services if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and umomentgifts.com.my.

Applicable Law

This site is created and controlled by umomentgifts.com.my in Selangor, Malaysia; as such the laws of Malaysia shall apply; courts in Malaysia shall have jurisdiction in respect of all the terms, conditions and disclaimers. umomentgifts.com.my reserves the right to make changes to the site and the terms, conditions and disclaimers.

Definitions:

“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.”

“UMoment Gifts Shopping”/ “Site” means the online shopping platform owned and operated by umomentgifts.com.my. (“umomentgifts.com.my”), which provides a venue to the users of umomentgifts.com.my to buy the products listed on UMoment Gifts Shopping.

“Vendor”/”Seller” shall mean the person or any legal entity who offers for sale, sells the products on UMoment Gifts Shopping.

“Customer” / “Buyer” shall mean the person or any legal entity who accepts the offer for sale on UMoment Gifts Shopping by placing an order for and or purchases any products offered for sale on UMoment Gifts Shopping.

“User”/ “You” means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the UMoment Gifts Shopping services. umomentgifts.com.my provides the online shopping platform wherein the Users can purchase/buy the products listed on UMoment Gifts Shopping (the “Services”) pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Either you or umomentgifts.com.my may terminate the service at any time, with or without cause. However, umomentgifts.com.my reserves the right, in its sole discretion, to terminate your access to the UMoment Gifts Shopping services and the related services or any portion thereof at any time, without notice. The provisions of Sections 13,14,15,16 and 18 shall survive any such termination.

Modification of Terms and Conditions of Service:

umomentgifts.com.my may at any time modify the terms and conditions (“Terms”) of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

Registration Data:

To avail of and use the Services you will have to register with UMoment Gifts Shopping. As a part of registration process you agree to provide UMoment Gifts Shopping current, complete, and accurate registration information (the “Registration Data”) as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete or umomentgifts.com.my has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, umomentgifts.com.my has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to UMoment Gifts Shopping.

You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of umomentgifts.com.my.

You agree and understand that UMoment Gifts Shopping service is advertising supported and you grant umomentgifts.com.my the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant umomentgifts.com.my the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.

You shall notify tansc166@yahoo.com of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Electronic Communication:

Users consents to receive communications from umomentgifts.com.my electronically. umomentgifts.com.my will communicate with Users by email or by posting notices on the Site.

Online Shopping Platform:

You agree, understand and acknowledge that UMoment Gifts Shopping is an online shopping platform, a venue enabling the users to buy any product listed on UMoment Gifts Shopping at the price indicated on the terms and conditions indicated therein at any time from any place. You further agree and acknowledge that UMoment Gifts Shopping is not involved in any sale and purchase of goods/products listed on this Site. UMoment Gifts Shopping is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. UMoment Shopping shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.

UMoment Gifts Shopping shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. UMoment Gifts Shopping is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with UMoment Gifts Shopping nor shall UMoment Gifts Shopping have any obligations or liabilities in respect of such contract. UMoment Gifts Shopping is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.

UMoment Gifts Shopping accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

UMoment Gifts Shopping is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.

All orders shall be pre-approved with an acceptable method of payment as established by UMoment Gifts Shopping which may call for and require additional verification or information.

The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.

After the receipt of payment from the Buyer, the Vendor shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.

Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

Credit Card Details:

You agree, understand and confirm that the credit card details provided by you for availing of services on UMoment Gifts Shopping will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to UMoment Gifts Shopping. Further the said information will be not be utilised and shared by UMoment Gifts Shopping with any of the third parties unless required by law, regulation or court order.

Confirmation:

You understand, declare and agree that:

• UMoment Gifts Shopping shall not and is not required to mediate or resolve any dispute or disagreement.
• You release and indemnify UMoment Gifts Shopping and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, UMoment Gifts Shopping cannot control the information provided by other Users which is made available on the Site.
• UMoment Gifts Shopping shall be responsible to deliver the items to the Customer within the time period specified.
• Customer shall be solely responsible for any undelivered or damaged items if they choose to purchase insurance or tracking through Malaysia Post.
• Customer shall be solely responsible to make good the loss or damage of any claim in respect of damaged or non-receipt of items.

Suspension Due to Non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to UMoment Gifts Shopping, UMoment Gifts Shopping may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

• If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of UMoment Gifts Shopping;
• If the User has provided wrong, inaccurate, incomplete or incorrect information;
• If your actions may cause any harm, damage or loss to the other Users or UMoment Gifts Shopping.

Illegal and/or unauthorised use of the Service, including unauthorized framing of or linking to the UMoment Gifts Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Indemnity:

User agrees to defend, indemnify and hold harmless UMoment Gifts Shopping, umomentgifts.com.my, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

Limitation of Liability

umomentgifts.com.my has made this service available to use as a matter of convenience. UMoment Gifts expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. User agrees and acknowledges that user shall be solely responsible for user’s conduct and that umomentgifts.com.my reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Malaysian cyber laws or any other allied laws enacted by the government of Malaysia or any other statutory, legislative or regulatory authority authorised in this regard from time to time.

In no event shall umomentgifts.com.my be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the UMoment Gifts sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if umomentgifts.com.my has been advised of the possibility of damages, or inability to use the UMoment Gifts sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the UMoment Gifts sites/services, or otherwise arising out of the use of the UMoment Gifts sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if umomentgifts.com.my or any of its suppliers has been advised of the possibility of damages. umomentgifts.com.my does not endorse in anyway any advertisers/ contents of advertisers on its webpages. The clause shall survive the termination or expiry of this agreement.

Goods and Services Tax (GST)

We collect goods and services tax (GST) from customers as is required by the with the Provincial and Federal legislation. UMoment Gifts’ GST number is 001271975936.

Privacy Policy:

Use of this site is subject to our Privacy Policy UMoment Gifts Shopping respects your privacy. UMoment Gifts Shopping will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.

Disclaimer

The information about the products published on UMoment Gifts Shopping site are provided by umomentgifts.com.my on the basis of the information received from the product manufacturers and vendors and are on an “as is where is” basis. umomentgifts.com.my makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, umomentgifts.com.my disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. umomentgifts.com.my will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. umomentgifts.com.my only facilitates the sale of products between the Vendor and the buyer and does not directly or indirectly sell or retail any products.

umomentgifts.com.my expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, quality, conitunity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the UMoment Gifts sites/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. umomentgifts.com.my hereby disclaims all warranties and conditions with regard to this service, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

User specifically agrees that umomentgifts.com.my shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a UMoment Gifts site/service. Users specifically agree that UMoment Gifts is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights,

Including intellectual property rights, users specifically agree that umomentgifts.com.my is not responsible for any content sent using and/or included in a UMoment Gifts site/service by any third party.

Advice received via the UMoment Gifts sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and umomentgifts.com.my with respect to the UMoment Gifts sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and UMoment Gifts with respect to the UMoment Gifts sites/services. umomentgifts.com.my’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law and Jurisdiction

This agreement is governed and construed in accordance with the Laws of Malaysia. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Malaysia in all disputes arising out of or relating to the use of the UMoment Gifts sites/services. Use of the UMoment Gifts sites/services is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold umomentgifts.com.my, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the UMoment Gifts sites/services.

umomentgifts.com.my’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of umomentgifts.com.my’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the UMoment Gifts sites/services or information provided to or gathered by umomentgifts.com.my with respect to such use.

Trademarks

umomentgifts.com.my, UMoment Gifts Shopping, and any other expression that contains the word “UMoment Gifts” are the worldwide trademarks of umomentgifts.com.my.

These trademarks may not be used in connection with any product or service that is not that of umomentgifts.com.my.

Return, Exchange & Refund Policies

All items carry our 30-Day Money Back Guarantee. If, for any reason, you are not totally satisfied with your purchase, you may return your items unused, in original packaging within 30 days of purchase for refund of the purchase price (excluding delivery charges). For faulty items, please contact our office, between 9:00am and 5:00pm Monday – Friday (MYT), on either tansc166@yahoo.com or +6010 310 3456 before returning any goods.

We are unable to refund postage costs for returns, unless we have made a mistake and sent you the wrong product or the product is unusable due to a defect. In this case please call +6010 310 3456 or email tansc166@yahoo.com prior to sending goods back.

In the case of clothing purchases, please be aware that items will incur a MYR10 drycleaning fee should the item be returned marked with make-up, deodorant or any other visible stain.

Conditions:

• No refunds or exchanges will be offered for products that have had tags removed, have been worn or washed.
• No refunds or exchanges will be offered on products or any garments where the packaging has been damaged.
• UMoment Gifts is not responsible for the for freight costs in returning the items to our warehouse, except where the goods are deemed faulty in which case UMoment Gifts will cover any postage costs. Please call +6010 310 3456 or email tansc166@yahoo.com prior to sending goods back.
• Refunds will only be made by the original payment method, and in the case of credit cards only back to the original card. Items for return should be kept in a smoke-free environment as returns will be refused on items that are returned smelling of tobacco smoke.

Delivery Options

We will delivery nationally using Malaysia Post. Registered Post, Insurance, and Express Post are options available.

Lost or Damaged Goods

Do not accept responsibility for lost or damaged goods in transit, if the customer does not choose to pay for the option to insure or track.