Customer Terms of use & sale

Last updated on March 1, 2018.

Moscord Pte Ltd (“Moscord” or “We” or “Us” or “Our”) provides website features and other services to you (collectively “Customers”) when you visit and place orders via www.moscord.com (the Marketplace called “Trading Platform”) or use software provided by Moscord in connection with any of the foregoing (collectively “Moscord Services” or “Our Services”).

This Customer Terms of Use & Sale (the “Terms”), the Customer Agreement and all rules and policies posted on our sites set out the terms on which Moscord offers you the Moscord Services. You agree to the terms and conditions of the Terms when you register on www.moscord.com. You agree to comply with all of the above when accessing or using Moscord Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING MOSCORD SERVICES. BY USING MOSCORD SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS

Trading Platform

The Trading Platform is an internet platform where you may view or place orders to purchase products listed on the Trading Platform

Terms of Use

1. Our Role

We provide our Trading Platform service which lists products that third parties (“Suppliers”) are offering to sell. You may purchase such products from such Supplier and in doing so you agree that this purchase be subject to the terms of sale herein.

2. Acceptable Use and Privacy

The safety of our Customers are important to us, and we have in place a set of rules to ensure your protection.

Our Data Protection Rules explain how Moscord collects personal data, how personal data in our possession is treated, your obligations to us when you transact with us and what you agree to consent to when you transact with us. The data protection laws that we comply with includes the United Kingdom Data Protection Act and the Singapore Personal Data Protection Act and subsidiary legislations, rules, regulations, guidelines, policies and any other directions. Any personal data collected by us may be used in accordance with the data protection laws applicable to Moscord.

Our Acceptable Use Rules govern your use of the Trading Platform and our Services. We want to let you know that it is a breach of our Acceptable Use Rules if you:

  • use the Trading Platform to accept, transmit or distribute unsolicited bulk data or otherwise send, or facilitate the sending of unsolicited commercial email and mail bombs to any person or system in a way that could be expected to adversely impact our network or facilities, or may potentially encroach on a third party’s intellectual property rights or any rights of publicity or privacy;
  • attempt to connect to any third-party systems without prior permission or arrangement or use our Services or Trading Platform in a manner which is intended to abuse or to violate the property rights of others; or
  • use our Services or Trading Platform to conduct any other activities, which in Moscord’s view are detrimental to its Users and/or its own operations.

The above are some examples of unacceptable conduct while using our Services and the Trading Platform.

Please review our Acceptable Use Rules and Data Protection Rules to ensure that you do not breach our rules and do immediately notify us of any unauthorised access or attempted breach of security.

3. Communications and Other Content

When you use our Services, you may communicate with us and with other Customers or Suppliers using the Trading Platform. In doing so you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communication be in writing. We reserve the right to remove or edit the content of such communications.

4. Confidentiality

Where we have disclosed any confidential information to you, you are responsible for keeping such information confidential unless with our prior written consent or in situations where disclosure is required by law, regulation, order of court or governmental body.

Where you have disclosed any confidential information to us, you grant Moscord a non-exclusive, perpetual, irrevocable, royalty free worldwide licence to use such confidential information provided that Customer personal data will be used only in accordance with our Data Protection Rules.

5. Trademarks

Moscord’s trademarks, service marks, trade names, logos, copyrights, or other Intellectual Property rights or other designations in any promotion, publication, or press release may not be used in connection with any product or service that is not Moscord’s, in any manner that is likely to cause confusion among customers or in any manner that discredits Moscord. Moscord’s trademarks, service marks, trade names, logos, copyrights, or other Intellectual Property rights or other designations in any promotion, publication, or press release may not be used without the prior written consent of Moscord.

All other trademarks not owned by Moscord that appear in any Moscord Services are the property of their respective owners.

6. Intellectual Property

All content included in or made available through any Moscord Services, such as text, graphics, logos, images, digital downloads, and data compilations is the property of Moscord or its licensors. You may not in any way tamper with, reverse engineer or otherwise copy, adapt, lease, lend, distribute, sell, sublicense, or otherwise transfer any the of the Trading Platform software or its functionality, all the Intellectual Property rights to which belong to Moscord or its licensors. You may not copy, sublicense, distribute sell, or publish any of the content of the Trading Platform. You may not interfere or attempt to interfere with the proper operation of the Trading Platform or the Services. You may not grant or allow access to the Trading Platform or Customer’s Services to any person.

To protect our and our partners’ intellectual property, Customers shall co-operate fully with investigations of violations of systems or security networks or security at other sites and with law enforcement authorities in the investigation of possible criminal violations. If you violate any systems and/or network security, note that you may also incur other criminal or civil liability.

7. Our liability

We will do our utmost to ensure that availability of Moscord Services will be uninterrupted and that transactions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Moscord Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. You agree that you are making use of Moscord Services at your own risk, and that they are being provided to you on an “as is” and “as available” basis.

Moscord will not be responsible for losses that were not caused by any breach on our part, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), any indirect losses that were not foreseeable to both you and us when you commenced using Moscord Services, or any losses resulting directly or indirectly including but not limited to:

(a) Customer’s use of or Customer’s inability to use the Services;
(b) Information such as (pricing, shipping, or other guidance) provided to the Customer;
(c) delays or disruptions in the Services;
(d) viruses or other malicious software obtained by accessing or linking to the Services;
(e) glitches, bugs, errors or inaccuracies of any kind in the Services;
(f) damage to Customer’s hardware device from the use of any of the Services;
(g) the content, actions, or inactions of third parties, including items listed using the Services or the destruction of allegedly fake items;
(h) a suspension or other action taken with respect to Customer’s account or breach of these Terms;
(i) Customer’s need to modify practices, content or behaviour as a result of changes to these Terms;
(j) performance or lack thereof by Customer subsequent to any order made by Customer on the Trading Platform;
(k) delivery of Products; or
(l) any non-suitability, non-fitness for purpose or non-conformity with description (“Non-Suitability”) or apparent Non-Suitability of any Product.

You agree to waive the right to bring any claim against Moscord or any User, Customer or Supplier arising out of or in any way relating to your Customer Agreement more than one (1) year our Services are discontinued, expired, terminated or otherwise ceased.

8. Alteration to Service or Amendments to the Terms of Use

We reserve the right to make changes to any Moscord Services, rules, policies, terms and conditions including these Conditions of Use at any time. You will be subject to the terms and conditions, rules, policies and Conditions of Use in force at the time that you use the Moscord Services.

9. Waiver

If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

10. Common Policies

To avoid breaching our rules, we recommend that you read our Common Policies which also govern your use of the Moscord Services.

Terms of Sale

1. Our Role

In paragraph 1 of “Terms of Use”, we summarised the terms relating to the use of our Trading Platform. In the course of accessing the Trading Platform, you may place orders for products listed in the catalogues and perform other transactions. While Moscord facilitates the transactions carried out via the Trading Platform by (1) providing, operating and maintaining the Trading Platform, (2) listing the Suppliers’ products and updating catalogue content, (3) receiving Customers’ purchase orders for the listed products, (4) forwarding the purchase orders to Suppliers and (5) providing additional requested Moscord Services, Moscord does not have possession of any product listed or sold through the Trading Platform and Moscord is neither the buyer nor the seller of the listed products. As Moscord is not involved in the actual transaction between Supplier and Customer, therefore accordingly, the contract formed at the completion of a sale for the listed product(s) is solely and directly between Supplier and Customer.

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the Suppliers. Moscord does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. We may share your information related to your order with the respective Supplier(s). You should carefully review their privacy statements and other conditions of use.

2. Pricing, Availability and Product Information

All prices are exclusive of legally applicable VAT.

We list available information for products displayed on the Trading Platform. If the product is unavailable, we will inform you by e-mail or message to your inbox as soon as possible, and you will not be charged for the product.

Please note that unless otherwise stated, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a number of the items in our catalogue may be mispriced. If we have made a mistake, please contact our support staff.

Moscord is not the manufacturer of the products displayed on the Trading Platform. While we work to ensure that product information on the Trading Platform is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on the Trading Platform is provided for informational purposes only and are not intended to be binding.

3. Our liability

We will try our utmost to ensure that availability of Moscord Services will be uninterrupted and that transactions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Moscord Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. You agree that you are making use of Moscord Services at your own risk, and that they are being provided to you on an “as is” and “as available” basis.

Moscord will not be responsible for losses that were not caused by any breach on our part, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), any indirect losses that were not foreseeable to both you and us when you commenced using Moscord Services, or any losses resulting directly or indirectly including but not limited to:

(a) Customer’s use of or Customer’s inability to use the Services;
(b) information such as (pricing, shipping, or other guidance) provided to the Customers;
(c) delays or disruptions in the Services;
(d) viruses or other malicious software obtained by accessing or linking to the Services;
(e) glitches, bugs, errors or inaccuracies of any kind in the Services;
(f) damage to Customer’s hardware device from the use of any of the Services;
(g) the content, actions, or inactions of third parties, including items listed using the Services or the destruction of allegedly fake items;
(h) a suspension or other action taken with respect to Customer’s account or breach of these Terms;
(i) Customer’s need to modify practices, content or behaviour as a result of changes to these Terms;
(j) performance or lack thereof by Customer subsequent to any order made by Customer on the Trading Platform;
(k) delivery of Products; or
(l) any non-suitability, not fit for purpose or non-conformity with description (“Non-Suitability”) or apparent Non-Suitability of any Product.

You agree to waive the right to bring any claim against Moscord or any User, Customer or Supplier arising out of or in any way relating to your Customer Agreement more than one (1) year our Services are discontinued, expired, terminated or otherwise ceased.

Moscord’s total liability to Customers in the aggregate for the entire term of these Terms (and regardless of whether the claims are brought during or after such term) with respect to all claims arising from or related to the subject matter of these Terms (including attorney’s fees) will not exceed the amount actually paid by Customer to Moscord for the three (3) month period immediately preceding the month in which the first claim arose or USD 5,000 whichever the lower amount.

4. Customs

Some delivery may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have not control over those charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

Additionally, please note that when you submit orders to Moscord, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

5. Alteration to Service or Amendments to the Terms of Sale

We reserve the right to make changes to any Moscord Services, rules, policies, terms and conditions including these Terms of Sale at any time. You will be subject to the terms and conditions, rules, policies and Conditions of Sale in force at the time that you use the Moscord Services.

6. Right of Cancellation up to 14 days

You can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the products purchased (or last product, lot or piece if it relates to products or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract.

You must inform us of your decision to cancel your order through the Trading Platform. In case you use the return centre, we will communicate to you an acknowledgement of receipt. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item via our return centre.

For additional information on the scope, content and instructions for the exercise, please contact us.

Upon cancellation and receipt of all cancelled products in the condition shipped by us within the 14 day cancellation deadline to our satisfaction, we will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any cancellation fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

Note that you must send back the products by the instructions we provide no later than 14 days from the day on which us you communicate your cancellation. You will have to bear direct and indirect costs of returning these products. You will be liable if the value of the products returned diminishes due to the handling of the products (except when it was necessary to establish the nature, characteristics and functioning of the products).

The right of cancellation does not apply to the supply of goods made to your specifications or clearly personalized.