Moscord Pte Ltd and our subsidiaries (“Moscord” or “We” or “Us” or “Our”) provide this website (“Site”) and other services to you (collectively “Customers”) when you visit and place orders or list supplies with Moscord either directly via email or via the Moscord Marketplace (called “Trading Platform”) or use any software provided by Moscord in connection with any of the foregoing (collectively “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.
Your use of this Site or the Services will constitute a binding agreement between Moscord and you (and/or your company), thereby governing your usage of the Site and Services.
Please read these terms carefully before using the Moscord Site and/or Services. By using the Moscord Site and/or Services, you signify your agreement to be bound by the Terms (the “Agreement”). IF YOU ARE NOT WILLING TO ABIDE BY THE TERMS, DO NOT USE THIS SITE OR THE SERVICES.
The Trading Platform is an internet platform where one may view or place orders to purchase products listed on the Trading Platform.
We provide our Trading Platform service which lists products that third parties (“Suppliers”) are offering to sell. Buyers may purchase such products from such Supplier and in doing so, both parties agree that this purchase is subjected to the terms of sale herein.
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. We comply with international data protection laws, inclusive of 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:
(a) 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;
(b) 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
(c) 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.
When you use our Services, you may communicate with us directly and/or with other Buyers 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.
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.
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.
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.
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 half (0.5) a year after our Services are discontinued, expired, terminated or otherwise ceased.
You assume full responsibility for your use of the Site. Any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. Your use of the Site is at your own risk and is made available to you at no charge; accordingly, to the fullest extent permitted by applicable law, Moscord and its affiliates shall not be liable to you or any other party for any direct, indirect, compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, or from any actions we take or fail to take as a result of communications you send us or material you post, or the delay or inability to use the Site, or for any information, products, or Services advertised in or obtained through the Site, whether based on contract, tort, strict liability or otherwise, even if Moscord have been advised of the possibility of such damages. You specifically acknowledge and agree that Moscord is not liable for any defamatory, offensive, or illegal conduct of any user of the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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.
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.
To avoid breaching our rules, we recommend that you read our Common Policies on the Site which also govern your use of the Moscord Services
This Agreement shall be governed by and interpreted in all respects in accordance with the substantive Laws of Singapore (without giving effect to its principles of conflict of laws). You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
