Condition of Use – Jmamoni
Singapore, December 2016
Jmamoni Pte. Ltd. and its affiliates (“Jmamoni shop, Jmamoni fashion”) provide website features and other products and services to customers when customers visit or shop at jmamoni.com, use Jmamoni products or services, use Jmamoni applications for mobile, or use software provided by Jmamoni in connection with any of the foregoing. By using Jmamoni services, the customer agrees to the following conditions:
Jmamoni offers a wide range of different services. Sometimes additional terms may apply. When the customer uses a Jmamoni service the customer also will be subject to the guidelines, terms and agreements applicable to that Jmamoni service. If these Conditions of Use are inconsistent with the Service Terms of Jmamoni, those Service Terms will control.
The customer may review the Privacy Notice, which also governs the customer use of Jmamoni services, to understand Jmamoni’s practices.
- ELECTRONIC COMMUNICATIONS
When you use any Jmamoni services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Jmamoni services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Jmamoni Services, such as text, graphics, logos, button icons, images, trailers, downloads, and software is the property of Jmamoni or its content suppliers and protected by Singapore and international copyright laws. The compilation of all content included in or made available through any Jmamoni Service is the exclusive property of Jmamoni and protected by Singapore and international copyright laws.
In addition, graphics, logos, headers, button icons, scripts, and service names included in or made available through any Jmamoni service are trademarks or trade dress of Jmamoni in Singapore and other countries. Jmamoni’s trademarks may not be used in connection with any product or service that is not Jmamoni’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Jmamoni. All other trademarks not owned by Jmamoni that appear in any Jmamoni services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Jmamoni.
- LICENSE AND ACCESS
Subject to customer’s compliance with these Conditions of Use and your payment of any applicable fees, Jmamoni or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Jmamoni services.
This license does not include any resale or commercial use of any Jmamoni services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Jmamoni services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to the customer in these Conditions of Use or any Service Terms are reserved and retained by Jmamoni or its licensors, suppliers, publishers, rightsholders, or other content providers. No Jmamoni services, nor any part of any Jmamoni service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Jmamoni.
The customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jmamoni without express written consent.
You may not use any meta tags or any other “hidden text” utilizing Jmamoni’s name or trademarks without the express written consent of Jmamoni. The customer may use the Jmamoni services only as permitted by law. The licenses granted by Jmamoni terminate if you do not comply with these Conditions of Use or any Service Terms.
- CUSTOMER’S ACCOUNT
If the customer uses any Jmamoni services, the customer is responsible for maintaining the confidentiality of his account and password and for restricting access to his computer, and the customer agrees to accept responsibility for all activities that occur under his account or password. Jmamoni does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If the customer is under the age of 18, the customer may use the Jmamoni services only with involvement of a parent or guardian. Alcohol listings on Jmamoni are intended for adults. The customer must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Jmamoni reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors (Customers) may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
The customer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Jmamoni reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If the customer does post content or submit material, and unless Jmamoni indicates otherwise, the customer grants Jmamoni a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. The customer grants Jmamoni and sub-licensees the right to use the name that the customer submits in connection with such content, if they choose.
The customer represents and warrants that the customer owns or otherwise controls all of the rights to the content that the customer posts; that the content is accurate; that use of the content the customer supplies does not violate this policy and will not cause injury to any person or entity; and that the customer will indemnify Jmamoni for all claims resulting from content the customer supplies. Jmamoni has the right but not the obligation to monitor and edit or remove any activity or content. Jmamoni takes no responsibility and assumes no liability for any content posted by the customer or any third party.
- RISK OF LOSS
All items purchased from Jmamoni are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- RETURNS, REFUNDS AND TITLE
Jmamoni does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Jmamoni does not take title to the refunded item. For more information about our returns and refunds, please see our Return policy.
- PRODUCT DESCRIPTIONS
Jmamoni attempts to be as accurate as possible. However, Jmamoni does not warrant that product descriptions or other content of any Jmamoni services is accurate, complete, reliable, current, or error-free. If a product offered by Jmamoni itself is not as described, the customer’s sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Jmamoni regularly checks List Prices against prices recently found on Jmamoni and other retailers.
With respect to items sold by Jmamoni, Jmamoni cannot confirm the price of an item until the customer orders. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Jmamoni is higher than our stated price, we will, at our discretion, either contact the customer for instructions before shipping or cancel the customer’s order and notify the customer of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
Jmamoni generally does not charge customer’s credit card until after the order has entered the shipping process or, for digital products, until we make the digital product available to the customer.
- Services with Partner Boutiques
The Services Jmamoni offers allow the customer to search through the website and purchase our workshops and products whereas Jmamoni has products that are from a number of Partner Boutiques. As part of the Jmamoni services, Jmamoni also provides with customer service assistance.
However, as stated above, the contract for the purchase of the products that aren’t our in-house products Jmamoni is between the customer and the Partner Boutique. This means that, it is the Partner Boutique (not Jmamoni) who is legally responsible for selling the products to customers as the customer is practically purchasing from the third party retailer.
Our brand and boutique partners are located everywhere. Jmamoni only works with the very best in the business. This unique model guarantees the customer a huge range of pieces to shop.
Jmamoni divides our products into categories like Workshops/Courses, Publishing, Fashion and Lifestyle Products.
If, in providing the Services to customers, Jmamoni fails to comply with these Terms and Conditions, Jmamoni is responsible for loss or damage the customer suffers that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but Jmamoni is not responsible for any loss or damage that is not foreseeable.
Jmamoni attempts to be as accurate as possible in the description of the products. However, as the descriptions are based on information provided to Jmamoni by the Partner Boutiques, Jmamoni cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the website are for illustrative purposes only. Although Jmamoni attempts to display the colours accurately, Jmamoni cannot guarantee that customer’s computer display of the colours accurately reflects the colour of the products.
Jmamoni is authorized by the relevant Partner Boutique to conclude the contract on its behalf but Jmamoni is not a party to that contract and the customer is not purchasing the products from Jmamoni.
Jmamoni requests that all Partner Boutiques using the Jmamoni services have and maintain reasonable business policies which comply with our business policies. Jmamoni cannot, however, be responsible for the Partner Boutiques’ business policies. If the customer is unhappy with the product or service the customer has received from a Partner Boutique, the customer should contact us and we will liaise with the relevant Partner Boutique on customer’s behalf to try and resolve the issue.
The identity of the Partner Boutique is shown on the product page of the relevant products, in customer’s basket when the products are added and on the order confirmation page when the customer places an order.
When the customer places an order, the customer will receive an acknowledgement email confirming receipt of the order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of customer’s order by the Partner Boutique. The contract between the customer and the Partner Boutique in relation to the products will not be formed until Jmamoni has checked that the Partner Boutique accepts the order. If the Partner Boutique accepts customer’s order, Jmamoni will send the customer an email confirming this. The confirmation email sent by Jmamoni on behalf of the Partner Boutique concludes the contract with the customer.
If the customer is viewing the website, the prices advertised on the Website for products from Partner Boutiques within are inclusive of VAT. Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that the customer has ordered and the customer’s delivery address.
Please see the “Shipping Information” section of our Orders and Shipping page for further details of estimated delivery costs and shipping times. The delivery costs applicable to the order will be clearly displayed on the website before you place your order (and are included in the “Total Cost” amount shown on the order summary page).
Depending on the delivery address, different taxation rules and additional charges may apply. If the customer is shipping items from a Partner Boutique outside of customer’s territory, the customer may need to pay import duties upon receipt of the products. We will notify the customer during the checkout process if import duties are included or the customer may have to pay them upon receipt of the products.
If they are not included, neither we nor the Partner Boutiques have any control over these charges and we cannot predict their amount. The customer will be responsible for payment of any such import duties and taxes that are not included. Please contact local customs office for further information before placing an order.
Please note that in the event the customer returns an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then the customer will be responsible for reclaiming duty directly from customer’s local customs office.
Please see the “What payment methods does the website accept?” section of our FAQs for details of what payment methods can be used. When the customer submits an order, we carry out a standard pre- authorisation check on customer’s payment card on behalf of the relevant Partner Boutiques.
Products will not be dispatched until this pre-authorisation check has been completed. For information on when customer’s payment will be debited from customer’s account please see the “When will I be charged?” section in our Orders & Shipping FAQs.
Once we have verified customer’s payment details and the Partner Boutique has accepted and approved customer’s order for delivery, we will email the customer to inform customer of this. In the unlikely event that we or the Partner Boutiques encounter a problem when processing customer’s order, we will email the customer explaining the problem and possibly requesting further information to try and resolve the problem.
We reserve the right not to submit customer’s order to the Partner Boutiques, and the Partner Boutiques reserve the right not to accept customer’s order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorization for customer’s payment or if the customer does not meet the eligibility criteria.
The estimated delivery date of the products will be stated in customer’s order confirmation. We will try to ensure that customer’s order is delivered by this date but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for customer’s products to be delivered as soon as possible, but we will not be liable to the customer for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and customer’s delivery address. Delivery times are estimates only and cannot be guaranteed. The products will be delivered to the customer directly by the Partner Boutiques so the order may be delivered in multiple deliveries. If no one is available at customer’s address to take delivery, our delivery partner will leave the customer a note and the customer will need to contact them to rearrange delivery.
Please also read the information on our Orders & Shipping page as this contains important information about the order and its delivery.
- International Delivery
Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before ordering products.
If the customer orders products for delivery to an international destination, the order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please see the section information on these duties and taxes. In certain countries we may use an importer of record to facilitate customs clearance and delivery to customers.
The customer must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if the customer breaks any such laws.
- APP PERMISSIONS
When the customer uses apps created by Jmamoni, the customer may grant certain permissions to Jmamoni for the customer’s device. Most mobile devices provides the customer with information about these permissions.
- OTHER BUSINESSES
In addition, Jmamoni provides links to the sites of affiliated companies and certain other businesses. Jmamoni is not responsible for examining or evaluating, and Jmamoni does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Jmamoni does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. The customer should carefully review their privacy statements and other conditions of use.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JMAMONI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
JMAMONI DOES NOT WARRANT THAT THE JMAMONI SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JMAMONI SERVICES, JMAMONI ‘S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM JMAMONI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
JMAMONI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY JMAMONI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO CUSTOMERS THROUGH ANY JMAMONI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to customer’s use of any Jmamoni services, or to any products or services sold or distributed by Jmamoni or through jmamoni.com will be resolved by binding arbitration, rather than in court, except that the customer may assert claims in small claims court if the claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
- APPLICABLE LAW
By using any Jmamoni Service, you agree that the Arbitration Act, applicable law, and the laws of Singapore, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between the customer and Jmamoni.
- SITE POLICIES, MODIFICATION, AND SEVERABILITY
Jmamoni reserves the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- OUR ADDRESS
12 Marina View
#23 – 60, Asia Square Tower 2
- Additional Software Terms
The customer may use Jmamoni Software solely for purposes of enabling the customer to use and enjoy the Jmamoni services as provided by Jmamoni, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. The customer may not incorporate any portion of the Jmamoni Software into customer’s own programs or compile any portion of it in combination with customer’s own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Jmamoni Software or otherwise assign any rights to the Jmamoni Software in whole or in part. You may not use the Jmamoni Software for any illegal purpose. Jmamoni may cease providing any Jmamoni Software and we may terminate customer’s right to use any Jmamoni Software at any time. Customer’s rights to use the Jmamoni Software will automatically terminate without notice from us if the customer fails to comply with any of these Software Terms, the Conditions of Use or any other Service Terms.
In order to keep the Jmamoni Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
The customer must comply with all export and re-export restrictions and regulations of the Singapore authorities that may apply to the Jmamoni Software