Terms of Service

 

MOSS (“we”, “our”, “us”, or “the Company”) owns and operates its website and mobile application. We strike to provide a platform with one-stop service and discount offers to customers.

 

By using MOSS, you agree to be bound by this Terms of Service (“the terms”) and Personal Data and Privacy Policy. Please read them carefully before using MOSS. Do not use MOSS if you disagree with the terms.

1. Definition

Under this Terms of Service, unless the context otherwise requires, the following words and expressions shall have the following meanings:

• “MOSS” means the mobile application or website of MOSS.
• “You” refers to a visitor, registered member, eligible customer in specific stores, or customer in MOSS.
• “Member” means all registered members in MOSS including customers with eligibility verified in specific stores in MOSS.
• “Specific Store” in MOSS provides education / corporate discount offers to eligible customers.
• “Customer” means all persons placing orders with his / her MOSS membership, or as a guest.
• “Supplier” means a party providing products and services.
• “Retail Goods or Services” means sales of goods or provision of services in relation to any of the following (whether through physical or online channels): food, water & beverages, restaurants, catering, groceries, household products, general merchandise, health & beauty, lifestyle, pharmaceuticals, fragrance & cosmetics, baby products, wine and liquor, cigarettes and cigars, stationary, books and paper products, confectionary, toys, clothing, shoes, textiles, fashion accessories. Bags & luggage, jewelry, watches, furniture, plants and accessories, office supplies, sports & leisure equipment, phones and mobile devices, electronics & electrical appliances, computer software and games, music, pet products, fuel, motor vehicle services and educational products and services.

2. Use of MOSS

Our target users are people aged 18 or above. If you are aged under 18 and wishing to use our service (including registering membership and / or placing orders), you must obtain approval from your parents or guardian. By using MOSS you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above or approved to do so (applies to persons aged under 18), and capable of forming a legally binding contract.

3. Customer Types

The following customer types enable you to view, use, and purchase products and / or services in MOSS:

• Guest: you need not to supply any personal data to access MOSS, and view product and price information shown in public store. Also, you can purchase products and / or services in public store with a MOSS membership.
• Verifying eligibility to specific stores in MOSS: the supplier in specific stores provide designated discount for products and services to eligible customers. Verification procedures are mandatory before your access and purchase. A MOSS membership (enabling discount offers in public stores) will be granted to customers upon successful verification. Additional verification procedures in other stores designated to a specific sector of customers are required.
• MOSS membership: the membership enables you discount offers in public stores. A MOSS membership granted to customers with an eligibility verified in any specific stores.

 

You agree to maintain and promptly update your registration information to keep it true, accurate, current and complete no matter you are registering MOSS membership, verifying your eligibility for specific stores, and placing orders. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your MOSS membership, eligibility to specific stores purchases, or sales orders.

 

You may refer to Personal Data and Privacy Statement for details of how we collect, handle, and retain your personal data submitted for MOSS membership, verification of eligibility for specific stores, and sales order.

 

We may provide you with new services associated with your membership / eligibility for specific stores from time to time, and these new services will be governed by this Terms and the terms and conditions of the respective services. 

 

You should not transfer your membership / eligibility to specific stores to any other person. If you breach or we have reasonable grounds to believe that you have breached this Terms, we may suspend or terminate your account and seek to recover any damages that your breach may have caused to us or suppliers.

4. Offering Products and Services

MOSS serves as a platform providing products and services with special discounts. Unless otherwise specified, we are not the seller or supplier of the merchandise. We are responsible for managing and administering the site and mobile application, arranging order processing and fulfilment for the merchandise your ordered from the suppliers through MOSS.

 

Unless otherwise specified:

• all currency references are in HK dollars and the date-and-time we refer to is Hong Kong Time Zone.
• Door-to-Door delivery and redemption of merchandise covers urban area of Hong Kong SAR only.

 

We will use all reasonable commercial endeavours to display accurate and up to date prices in MOSS. We reserve the right to amend product and pricing information without prior notice. If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order, then we will either:

• cancel your order, or
• contact you to ask you whether you wish to pay the higher price or cancel your order.

 

A refund will be proceeded to you fully, if the order is cancelled by us and you have already completed the payment. You agree and accept that we will not obliged to offer any compensation for disappointment suffered.

5. Payment

Payment methods for every offer / event are different. For details, please refer to the Terms of Service designated for the event.

6. Placing and Accepting Orders

When you place an order you are making an offer to buy from the supplier the merchandise you have specified at the price stated for those merchandise. Once your order is submitted, you shall not cancel the order, or ask for a refund, or ask for payment to be transferred or offset for payment of other products or services, notwithstanding our acceptance or rejection of your order is still pending. We will acknowledge your order to confirm that we have received your order by email. The confirmation email will provide:

• details of what you have ordered,
• details of the price charged,
• information about the progress of your order, and
• estimated dispatch and delivery information.

This communication will be our acceptance of your order on behalf of the supplier. You may track your order status in MOSS.

 

Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.

 

The availability of the merchandise is as shown online and will be updated regularly by the supplier. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.

 

We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:

• information you provided for the order is wrong or inaccurate,
• no sufficient stock to deliver the merchandise you have ordered,
• no delivery can be arranged for your area, or
• one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.

 

If we cancel your order, we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within four to six weeks of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.

7. Redemption and Delivery

Redemption and delivery arrangement (if any) for every offer / event are different. For details, please refer to the Terms of Service designated for the event. Generally speaking: -

• We shall not be liable to you or any third party for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other beyond our control,
• Customers are recommended to check the latest stock status in MOSS one day before visiting Redemption Centre, and
• You will become the owner of the merchandise you have ordered when they have been redeemed or delivered to you. Once merchandise have been redeemed or delivered to you, they will be held at your own risk and we will not be liable for the loss or damage.

8. Returns, Exchanges, and Warranties

Unless otherwise specified, no return or exchange of merchandise will be accepted (including in reason of personal favour / preference). Please read the returns or exchanges policy as specified by the supplier carefully before you place an order.

9. Disclaimer

We do not represent or warrant that:

• access to MOSS, or any part of it, will be uninterrupted, reliable, or fault-free,
• contents in MOSS will be accurate, complete, or reliable,
• any services (whether or not provided by us) will be provide with due care and skill, or
• any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).

 

To the extend permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have you as a result of:

• any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to MOSS or any information in MOSS,
• the unavailability of MOSS (or any part of it), merchandise or services,
• any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision or merchandise or services, or
• any misrepresentation on or relating to our site, the merchandise or the services.

 

We will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us.

 

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.

 

You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.

 

Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

10. Others

As MOSS operates through systems which rely on communication networks, electricity networks etc., which may be beyond our control, we cannot always ensure that MOSS operates at all times. However, we will make all reasonable efforts to ensure our system supports the operations in connection with MOSS.

 

If we are going to terminate MOSS, we shall give you at least three (3) months’ notice by advertising in MOSS.

 

You must not tamper with the data recorded in MOSS in any way, which may be a criminal offence. We will not honour transactions and any benefits. We have the right to claim and recover reasonable costs, expenses, losses and damages suffered or incurred by us or Our Partners as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data in MOSS.

 

All intellectual property rights in the content, user content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited. All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

 

The Statement is subject to change. Unless otherwise stated, all modifications shall automatically be effective upon posting on MOSS and shall supersede any previous versions of these terms in Statement. You agree to review these terms regularly to ensure that you are aware of any modifications. Your continued access and/or use of our service after changes are posted constitute your acceptance of these terms as modified by the posted changes.

 

If there is any inconsistency or conflict between the English and Chinese versions of the Statement, the English version will prevail.

 

These Terms shall be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region.

 

 

 

October 2019