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TERMS OF USE

Welcome to MoshiMoshi, a company owned by Laila and Hae. These Terms of Use govern your use of the MoshiMoshi company website. By visiting or shopping at the MoshiMoshi, you agree to be bound by these Terms of Use.

In these Terms of Use, we refer to MoshiMoshi as "Moshimoshi" and the moshimoshi.ecrater.com website as the "Site"."

Use of the Site

License and Site Access

MoshiMoshi grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of MoshiMoshi . MoshiMoshi also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of MoshiMoshi so long as the link does not portray MoshiMoshi , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Prohibited Uses of the Site

The licenses set forth in these Terms of Use do not include any rights to:

* interfere or attempt to interfere with the proper operation of the Site;

* bypass any measures used to prevent or restrict access to any portion of the Site;

* use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

* take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;

* compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;

* reproduce, record, retransmit, sell, rent, distribute, publish, post, or perform any of the content of the Site;

*modify, download (other than page caching), reproduce, copy, or resell the Site, the content or any portion or derivative thereof;

* copy or download any the account information of any user of the Site for the benefit of any other person or entity;

* frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MoshiMoshi;

* use MoshiMoshi's name, trademarks, service marks or logos in any meta tags or any other “hidden text”; or

* use MoshiMoshi’s logo or other proprietary graphic or trademark as part of a link without express written permission.

Each of the foregoing is expressly prohibited unless MoshiMoshi’s prior express written consent has been given. Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by MoshiMoshi.

Termination of Access

You agree that MoshiMoshi may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your “My Account” without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT MOSHIMOSHI WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

Intellectual Property Rights; User Content

Copyright

All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MoshiMoshi or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of MoshiMoshi and protected by applicable copyright laws. All software used on the Site is the property of MoshiMoshi or its software suppliers and protected by applicable copyright laws.

Trademarks

MoshiMoshi and moshimoshi.ecrater.com are trademarks, registered trademarks, or service marks of MoshiMoshi or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of MoshiMoshi and its affiliates and its suppliers and licensors used on the Site may not be used without prior written consent of MoshiMoshi or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no MoshiMoshi trademark, service mark or trade dress may be used in connection with any product or service that is not MoshiMoshi's, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits MoshiMoshi.

Reviews and Other User Content

Where allowed on the Site, users may submit reviews, comments, and other content. If you choose to submit such content, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content. You agree that any submissions submitted by you to the Site will be accurate and will not violate these Terms or Conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no submission submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

MoshiMoshi has the right but not the obligation to monitor and edit or remove any activity or content. However, MoshiMoshi does not regularly review posted or submitted content, and is entitled to presume that all submitted content complies with these Terms of Use. Users may report user reviews that do not comply with these Terms of Use by using the “Report This” link next to such reviews.

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to MoshiMoshi on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain MoshiMoshi’s property. Such disclosure, submission or offer of any submissions shall constitute an assignment to MoshiMoshi of all worldwide right, title and interest in all copyrights and other intellectual properties therein. MoshiMoshi will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. MoshiMoshi will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any submissions for any purpose whatsoever, without restriction and without compensating you in any way. MoshiMoshi is and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay to you or any person or entity any compensation for any submissions; or (3) to respond to any submissions. In addition, you grant MoshiMoshi and its affiliates and licensees the right to use the name that you submit in connection with such submission, if MoshiMoshi or any affiliate or sublicensee so chooses.

MoshiMoshi takes no responsibility and assumes no liability for any content posted on the Site by users or other persons. Any opinions, advice, statements, services, offers or other information are those of the respective authors and not of MoshiMoshi. It is the responsibility of users to evaluate the accuracy, completeness or and usefulness of any opinions, advice or other information posted by customers or other persons on the Site.

MoshiMoshi will not assume any liability for any damage resulting from any infringement of copyrights or proprietary rights in any content submitted by users or other persons, or from any other harm arising from any such content.

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES AND REGIONAL INTELLECTUAL PROPERTY RIGHTS

MoshiMoshi's product inventory available includes tens of thousands of products, and product listings are constantly being changed and updated. MoshiMoshi’s customers are located in various parts of the world. As a result, it is impossible for MoshiMoshi to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law.

MOSHIMOSHI MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS AND LOCAL COPYRIGHT AND TRADEMARK RIGHTS.

BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED MOSHIMOSHI TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE“IMPORTER” OF THE PRODUCT TO YOUR COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS AND COPYRIGHT AND TRADEMARK LAWS. YOU ACKNOWLEDGE AND AGREE THAT MOSHIMOSHI'S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO YOUR COUNTRY. IN NO EVENT WILL MOSHIMOSHI BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL IT BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES AND COPYRIGHT AND TRADEMARK LAWS.

By purchasing a product through the Site, customers outside of Hong Kong authorize MoshiMoshi to make arrangements for clearance of customs on their behalf for the products they have ordered.

Payment for Products Purchased Through the Site

Methods of Payment

A variety of payment methods are offered on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT MOSHIMOSHI, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MoshiMoshi of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If MoshiMoshi does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MoshiMoshi or its agents.

If you pay by PayPal®, the User Agreement for PayPal Service governs your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal member. YOU, AND NOT MOSHIMOSHI, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MoshiMoshi of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If MoshiMoshi does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MoshiMoshi or its agents.

MoshiMoshi also offers customers the option to pay by cheque. Cheques must be made in US dollars or, Canadian dollars.

Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.

Please contact us if you have any questions regarding policies and procedures relating to customer payments.

Taxes

Please see FAQ.

Currencies

All transactions conducted by or with MoshiMoshi are to be paid in Canadian or US dollars.

Payment made by credit card or PayPal® in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer or PayPal. Please consult your credit card issuer agreement or the User Agreement for PayPal Service for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal or the credit card issuer, which will result in the actual price paid being higher than the posted US Dollar price.

The Site currently allows users the opportunity to choose a “Reference Currency.” The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO MOSHIMOSHI; HOWEVER, MOSHIMOSHI IS NOT A BANK OR A CURRENCY DEALER, AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY MOSHIMOSHI ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

MoshiMoshi does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than US Dollars and such refund was made through the customer’s credit card or PayPal®, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.

In no event will MoshiMoshi be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

Product Descriptions and Prices

Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. MoshiMoshi does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM MOSHIMOSHI THAT IS NOT AS DESCRIBED ON THE SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR MOSHIMOSHI CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

We have made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor’s display of any color will be accurate.

Prices

We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of MoshiMoshi, MoshiMoshi may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.

MoshiMoshi will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. MoshiMoshi will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, MoshiMoshi will immediately issue a credit to your credit card in the amount of the charge.

Price Comparisons and “Save” Amounts

Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. Amounts shown as “Save” reflect the difference between the sale price and our normal price, or “list” price, for a given product. However, we make no representation that a substantial number of these products have been sold or made available for sale at the list price.

Order Processing, Shipment, Returns, Warranties

Order Acceptance

MoshiMoshi is located in Canada. By displaying products on the MoshiMoshi website, MoshiMoshi is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Canada. If you place an order for products shown on the Site, your order will be deemed an acceptance in Canada of our offer.
We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

Passage of Title

Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order.

You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.

Returns

MoshiMoshi takes special care to ensure that no defective items are sent out to our customers. Should you be dissatisfied with your product, please return it untouched with its original packaging. Moshimoshi is not liable for any costs related to the return of the shipment or any damage that occurs during the shipping process.

User Privacy; Data Security

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices with respect to usage and handling of user information.

While MoshiMoshi takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL MOSHIMOSHI OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MOSHIMOSHI WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Other Issues

Your Account

You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password. You agree to notify MoshiMoshi immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s account or password at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your “My Account” information by clicking on the “My Account” link on the Site.

Third-Party Links

The Site may contain links to other websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these websites or the content of these websites. MoshiMoshi does not assume any responsibility or liability for the actions, products, or content of any of these websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.

Age of Users

MoshiMoshi does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older. MoshiMoshi relies upon parents or guardians to determine if any content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian.

Communications

You consent to receive communications from us by e-mail. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY MOSHIMOSHI ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. MOSHIMOSHI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. MOSHIMOSHI DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM MOSHIMOSHI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOSHIMOSHI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MOSHIMOSHI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS SOLD BY IT OR AVAILABLE ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

Applicable Law

By visiting the Site, you agree that the laws of the Canada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MoshiMoshi or its affiliates.

ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE CANADA.

Disputes

Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Canada conducted under Canadian law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of MoshiMoshi or any affiliate or licensor of MoshiMoshi, MoshiMoshi may seek injunctive or other appropriate relief in any appropriate jurisdiction and court.

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by MoshiMoshi of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.

Indemnification

You agree to defend, indemnify and hold harmless MoshiMoshi and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Modification to Terms of Use

MoshiMoshi reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.
Last Updated: 30 May 2008 13:49:26 PDT home  |  about  |  terms  |  contact
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