Terms of Use

1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and A Moment of You (“AMOY”). 

This contract sets out your rights and responsibilities when you use AMOY’s Boutique Village, and the other services provided by AMOY (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. 

2. Your Privacy

We know your personal information is important to you. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

 

Both AMOY and the Boutique Owners process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not AMOY, will be responsible for that unauthorised disclosure.  

If, however, AMOY and the Boutique Owner are found to be joint data controllers of buyers’ personal information, and if AMOY is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify AMOY for the expenses it occurs in connection with your processing of buyer personal information. See  below for more information about your indemnification obligations to AMOY.

3. Your Account with AMOY

You’ll need to create an account with AMOY to use some of our Services. We have a few account rules:

A. You must be 18 years or older to register an account . You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.  

B.  You should provide accurate and honest information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. Any accounts which do not may be terminated.

C. You are solely responsible for any activity on your account. If you’re registering as a business, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. 

D.Accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure 

F.  These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and AMOY.

 

 

4. Your Content

 

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

  2. Permission to Use Your Content. By posting Your Content through our Services, you grant AMOY a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help AMOY function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. .For example, you acknowledge and agree AMOY may offer you as a Boutique Owner promotions on the Site, from time to time, that may relate to your Content.

  3. By posting Your Content, you grant AMOY a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote AMOY, your Boutique Shop, or the Services in general, in any formats and through any channels, including across any AMOYS’s Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. 

  4.  You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of copyright or.intellectual property.. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

 

 

5. Termination

Termination By You. If you would like to remove your account, you can do this in your account settings.  

Termination By AMOY. We may terminate or suspend your account  and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to market or browse on our websites or other platforms. If we need to take this action, AMOY will notify you that your account has been terminated or suspended, unless we have legal or regulatory reasons preventing us from notifying you.

You may lose any information associated with your account if terminated.

We May Discontinue the Services. AMOY reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in AMOY’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income.

 

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

 

You may unsubscribe from AMOY emails at any time by clicking the unsubscribe link at the bottom of the email. This will not be a termination of the account.

6. Warranties and Limitation of Liability

Items You Purchase. You understand that AMOY does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue for buyer’s to browse goods; the items in our Village are produced, listed, and sold directly by independent sellers, so AMOY cannot, and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release AMOY from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. AMOY is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). 

 

7. Indemnification 

You agree to defend and indemnify us if legal action is brought because of something you did. That means you’ll defend AMOY (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable legal fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

8. Disputes with Other Users

If you have a dispute with a Boutique Owner, you should contact them in the first instance to try to resolve the dispute.

AMOY takes no responsibility or liability for any goods or services provided by a Boutique Owner. AMOY is a marketing and advertising platform for Boutique Owners and is therefore not a selling platform. 

Any sales/purchases are made external of AMOY. AMOY encourages payment to be made by a secure platform such as Paypal Goods and Services which may provide parties with recourse if any disputes arise.

Prior to purchasing, buyers should check that adequate indemnity insurance is held by a Boutique Owner.

9. Disputes 

If you’re upset with us, please do let us know, and hopefully we can resolve your issue. In the first instance, please contact AMOY at hello@amomentofyou.com.

 The Terms are governed by the laws of England, Wales and Scotland.

10. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

11. Supersede 

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and AMOY regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

12. Contact Information

If you have any questions or concerns about the Terms, please email us at hello@amomentofyou.com.

13. If you purchase a membership with AMOY, you have 14 days from the date of purchase to cancel  your membership. Any cancellations in this time will receive a full refund less £10 administrative charge. Any cancellations after this date will not be eligible for a refund.