Terms of Services - Moona Shoppers
MOONA TERMS OF MEMBERSHIP AND MOONA MEMBERSHIP AGREEMENT.
Please read these terms of service (“terms”, “terms of service”) carefully before using our Service (as defined below) operated by Processing Technology Limited, under its trademark Moona (the “Company”, “us”, “we”, “our”).
The use of our Service is subject to the terms of this agreement at all times, together with the additional terms and information contained in:
- Our Acceptable Use Policy, which sets out the permitted use and prohibited uses of our Service. When using our Service, you must comply with this Acceptable Use Policy.
Together, these documents form your agreement (the “Agreement”) with us. By using our Service, you confirm that you agree with and accept these terms of service. If you do not agree to these terms, you must not use our Service.
- Member: an individual who has entered into the Agreement with the Company for the purposes of purchasing the Service.
- Membership fees: as defined in section 7.
- Moona Checkout Service: a payment technology service provided by the Company to Retailers.
- Retailer: a company or other business to which the Company provides the Moona Checkout Service.
- Service: the service supplied by the Company to a Member consisting of a promise to make certain payment of money on the terms and conditions set out in the Agreement for the benefit of a Member.
Moona service description
The Company operates a membership programme (the “Membership” and the “Programme”), under which the Company, in consideration for the Membership Fee, makes a promise to each Member to pay for the benefit of such Member a fixed amount of money (on the terms and conditions set out herein).
How Moona works – the Promise
When purchasing goods or service from a Retailer, an individual customer will be offered at the point of “checkout” to pay using the Moona Checkout Service. At checkout, when clicking on the link representing the Moona Checkout Service to pay for their purchase, that individual customer will be offered the opportunity to become a Member.
A Member will pay the Membership Fee as consideration for the Company’s promise that on each occasion when the Member places an order with a Retailer, the Company will pay a sum of money for the benefit of the Member to be used by that Member exclusively towards that Member’s payment of the consideration for that Member’s order (the “Promise”).
On each call by a Member on the Promise, the payment by the Company shall amount to a fixed amount of £5 for the benefit of the Member.
We reserve the right to change the amount payable by the Company on each occasion a Member calls on the Promise and will give you 30 days advance notice before doing so.
Members are not allowed to transfer their rights under the Agreement to any other person.
During the trial period, a Member can only call upon the Promise for the Company to pay a total aggregate amount of not more than £25.00.
After the trial period, and subject to the effective payment of the Membership Fee, Members can call upon the Company’s Promise to pay, an unlimited number of times, but always subject to the Acceptable Use Policy.
In the event of fraudulent, abusive or other activity we determine to be unfair, we reserve the right to terminate your Membership.
A Promise can only be called, and the Company can only be held liable to fulfil the Promise to pay, where a Member has made a successful purchase with a Retailer, in relation to which the Retailer has utilised the Moona Checkout Service.
When called, the amount representing the Promise will be deducted from the total amount due from the Member to the Retailer at the point of checkout in respect of the purchase, reducing the total price to be paid by the Member to the Retailer.
The Member hereby agrees and authorizes the Company to pay the amount representing the Promise directly to the Retailer with whom the purchase order was processed, on behalf of the Member.
The Company hereby confirms and the Member agrees that the Promise is not and does not represent the issue of a voucher provided by or redeemable with the Company or any Retailer.
A Promise cannot be called, and Moona will not be deemed liable for a Promise to pay if:
- The effective payment of the purchase order on which the Promise
- Purchase orders made with the intent to be cancelled after.
- Purchase orders refund
The Membership is offered with a trial period. During the trial period, a Member can cancel its Membership at any time, as described in section 10. We reserve the right to increase or decrease the length of the trial period.
Minimum purchase amount
To be able to call on the Promise in relation to any order placed with a Retailer, the Member must make a minimum purchase of £10 with a Retailer. The minimum amount excludes any applicable taxes (including, for the avoidance of doubt value added taxes). Minimum purchase amounts are subject to change without notice.
Moona provides the Moona Checkout Service to Retailers. To operate our express checkout, Moona stores your personal information and payment method, in a secured environment. Members are responsible to ensure that all information populated during the enrolment process is correct before you submit an order. Moona is not responsible for any problems or loss in connection with ordering from any Retailer resulting from incorrect or out of date account information provided to us. By joining our Moona Membership Programme, you agree to have any such information stored.
Moona membership and usage
- By joining the Moona Membership Programme, you confirm that you are UK resident aged 18 or over and legally able to enter into a binding contract.
- One Membership is allowed for each individual Member at any given time.
- Each Member agrees that the Service may only be used for his/her own personal benefit and is subject to our Acceptable Use Policy.
- The legal owner of the email address used to sign up to the Service is deemed the account owner. Any Promise called upon by a third party using the account will be credited back to the Company using the payment method recorded during the enrolment process.
Moona membership fee
The Membership Fee will be charged on an annual basis (unless stated otherwise during the enrolment process). The payment of your Membership Fee is charged automatically, as authorised by you, on the payment method used during the enrolment process, unless the agreement is cancelled or terminated by the Company. We reserve the right to increase or decrease the membership fee for each renewal term effective at renewal of your Membership and will give you a 30 days advance notice before doing so.
Moona membership renewal
Moona Membership will automatically renew each year for annual memberships, unless your Moona Membership has been cancelled or terminated. You authorise us to charge the renewal membership fee on the payment method during enrolment. We reserve the right to change the frequency of your Moona Membership Fee, and will give you 30 days advance notice before doing so.
Cancellation and termination
Cancellation or termination by the Member:
- You can cancel your membership at any time, and without having to justify the reason. You can cancel your membership simply by requesting it using the following ways:
- In the event of a cancellation, Member will continue to have access to the Service until the end of his membership period.
Cancellation or termination by Moona:
- Moona keeps the right to terminate your membership at any time, without having to justify the reason.
In the event of a fraudulent, abusive or other activity we determine to be unfair, we reserve the right to terminate your account. Unfair Moona usage includes, but is not limited to, doing multiple purchase on the same website on the same day to cumulate multiple discounts for an order which could have been made as one.
All fees are non-refundable.
- We will exercise reasonable care and skill in performing our obligations to you but we do not guarantee that the Service will meet your requirements.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Subject to clause b., we do not accept any responsibility or liability for any loss or damage you may incur:
- for any loss of revenue, business, anticipated savings or profits;
- any indirect, special or consequential loss, damage or other claims, howsoever caused or arising;
- resulting from any transaction via the Site with any retailer;
- in connection with the accuracy or content of any reviews of products or services displayed on our Site or on any other website that you may access via our Site;
- arising from an inability to access our Site, from any use of the Site or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet;
- in connection with any voucher codes that you obtain via our Site.
- Where we are found to be liable to you, our total liability (regardless of how many claims are brought) shall be the total value of any Promises called upon by you and other benefits you received during the previous 12 month period from when a claim is brought.
- Except as expressly stated elsewhere in these terms, all representations, warranties, conditions and other terms whether express or implied are hereby excluded to the fullest extent permitted by law.
Governing law and disputes
The Agreement and the Terms of Moona Membership shall be governed and construed in accordance with English Law.
Reservation of rights
We reserve the right to eliminate, add, change and substitute benefits and vendors without notice. We further reserve the right to change the terms and conditions of this agreement and any Moona Membership policies at any time without prior notice.
We reserve the right to investigate any transactions that you make using our Service. If we believe that abuse or suspect any fraudulent usage of our Service, we reserve the right to terminate your Membership and shall forfeit all future usage of our Service.