If you access or use any website or mobile application owned or operated by Imoshen Inc. including but not limited to www.imoshen.com and any of its subdomains, sites, services and tools or the Imoshen mobile application or any of its services and tools (“Imoshen”, “Site or App”, “Service”, “we”, “our” or “us”), YOU AGREE THAT THE FOLLOWING TERMS (the “Terms”) GOVERN THE RELATIONSHIP BETWEEN YOU AND US:
1. LIMITED LICENSE. When you use or access Imoshen, you do so pursuant to a limited license granted by Imoshen to you personally allowing you to use and access the Site or App. Your license is non-exclusive, non-transferable, revocable, and does not provide you with the right to sub-license. You may not use or access the Site or App for commercial exploitation purposes, including, for example, selling products, services or posting advertisements on the Site or App without entering into an agreement with Imoshen relating to such matters.
2. PROPERTY RIGHTS AND COMMERCIAL EXPLOITATION. The Site or App and the Service, along with any and all software, user-interface, text, button icons, methods, formula, manuals, graphics, designs, logos, trademarks, or trade names identifying or belonging to the Site or App and the Service (“Site or App Property”), are exclusively owned by Imoshen Inc. Accordingly, you may not reproduce, re-create, sub-license, sell, transfer, lease, publicly display or commercially exploit in any way whatsoever the Site or App Property. In addition, all content on the Site or App, including content belonging to us, suppliers, other members, or any third-party and posted or displayed on the Site or App remains the property of the person posting or displaying such content, and is protected by copyright, trademark or patent law.
3. RESPONSIBILITY FOR ACCOUNT USE. Each time you access or use the Site or App, such access shall be restricted to your personal use. When you register as a member on our Site or App, you will need to enter a username and password to access your account. You are responsible for safeguarding your account access information to ensure that no third-party is using your account. You accept full responsibility for all activities that occur from your password-protected account. You shall only post content on the site that you are legally permitted to post and that otherwise complies with our Terms. In no event shall Imoshen be responsible for direct, indirect or consequential damages, or loss of profits, goodwill or any other damage whatsoever resulting from the disclosure of your username or password or resulting from the use of a third-party of your password-protected account.
4. COMMENCING SERVICES. You must be over the age of 13 to access or use our Service. If you are over the age of 13, you may avail our Service by downloading, accessing or using our Site or App via legal service providers. In relation to the Imoshen App, this means that you may only download our App via Apple’s App Store or Google Play. Should you register as a member, you may be asked to activate your account by SMS. If we send you an SMS, you agree to incur your normal carrier costs related to SMS service. Once you activate your account, you become a member of our Site or App. Notwithstanding the above, should you make any purchases on our Site or App, you must be of a legal age of capacity to enter into a contract in your home jurisdiction, which may be set at the age of 18 or 21, depending on your jurisdiction.
5. HONESTY. You are expected to provide accurate information when creating an account on our Site or App. Therefore, you shall not use the name or personal information of another person, whether real or fictional, other than your own on our Site or App. Failure to comply with this requirement may result in the suspension or cancellation of your account. You may not use the account of any other user of our Site or App without such person’s explicit consent for you to do so.
6. CLEAN VIRTUAL SPACE. Our Site or App is aimed at sharing positive feelings with one’s loved ones, including family and friends. Therefore, we have a zero tolerance policy in relation to any offensive or illegal content posted or displayed on our Site or App. This means that we may immediately suspend or delete any account that posts or displays any offensive content, including but not limited to content that displays in a negative light others on the basis of race, religion, sexual orientation, nationality, physical ability or features, socio-economic status, or content that is considered explicit, violence-graphic, pornographic, hateful, politically insensitive, threatening or illegal content that, among other matters, violates the copyrights of third-parties, is libellous or defamatory, or that encourages crime.
8. PAYMENT. The use of our Site or App, including browsing for items to gift to your loved-ones, is free of charge. You only pay on our site when you purchase from third-party suppliers goods or services to gift to your loved-ones. To complete such purchases, you will need to make online payments. In relation to these payments, you will be making your payments via Braintree (a Paypal Company), which is an independent third-party service provider. You understand and agree that only Braintree shall be responsible for any act or omission related to any payment matters, although Imoshen representatives may assist you, when required, at Imoshen’s sole discretion, in relation to resolving any payment issues that you may encounter with Braintree. Please read carefully the terms and conditions of Braintree prior to proceeding with making a payment. Notwithstanding the above, please note that Braintree’s global payment platform processes more than $10 billion annually (with more than $2 billion on mobile) for thousands of online and mobile companies.
9. SUPPLIERS AND SHIPMENT. In relation to suppliers, please note that Imoshen has entered into agreements with selected suppliers to ensure that the goods and services you purchase via our Site or App are delivered as you have ordered them on our Site or App. However, you must know that the suppliers are third-party suppliers (i.e. not owned or controlled by Imoshen) and that your purchase from a supplier of goods or services is pursuant to a sale and purchase agreement entered into by you and the supplier. Accordingly, please ready carefully the sale terms for each supplier (including any warranties or refund policy, as applicable), along with the shipping information. We will ensure that each supplier’s sale policies are found next to every good or service posted on our Site or App. We ask you to refrain from proceeding with any purchase should the supplier’s sale policy not be read and clearly understood by you prior to your purchase.
10. PRODUCTS, SERVICES, AND PRICES. We aim to provide you with a comprehensive selection of goods and services to gift to your loved-ones from our Site or App. This list is regularly updated and is found on the “Gifting” section of our App. Prices for goods and services are clearly stated next to each item. We ask that you refrain from proceeding with any payment should there be an ambiguity in your mind in relation to the listed price. You may contact us or the supplier directly should you have any need for clarification related to payment of a good or service on our site.
11. REFUNDS. The refund policy for each good and service is stated besides the listed good or service on our Site or App. We ask that you refrain from proceeding with any purchase should there be an ambiguity in your mind in relation to the refund policy for a given item. You may contact us or the supplier directly should you have any need for clarification related to the refund policy of a good or service on our Site or App.
12. SHIPPING TIMEFRAME. The shipping timeframe for each good and service is stated besides the listed good or service on our Site or App. We ask that you refrain from proceeding with any purchase should there be an ambiguity in your mind in relation to the shipping timeframe for a given item. You may contact us or the supplier directly should you have any need for clarification related to the shipping timeframe of a good or service on our Site or App.
13. DISCLAIMER. Imoshen shall not be responsible for any act or omission of any third-party related to your access or use of our Site or App, including your internet and phone service provider, Apple’s App Store, Google Play, the service provider of our Site or App’s servers, the service provider of the payment system on our Site or App (currently Braintree), the suppliers of goods and services on our Site or App, the companies shipping the goods and services purchased on our Site or App and / or our advertisers. WE HEREBY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGES RESULTING TO YOU IN RELATION TO YOUR USE OF OUR SITE OR DUE TO A BREACH OF AN EXPRESS OR IMPLIED WARRANTY IN CONNECTION WITH YOUR USE OF OUR SITE OR DUE TO A BREACH OF ANY EXPRESS OR IMPLIED WARRANTY INCLUDING WARRANTY OF MERCHANTABILITY OR WARRANTY FOR USE OF A PARTICULAR PURPOSE PROVIDED TO YOU BY A SUPPLIER OR ANY OTHER THIRD-PARTY ON OUR SITE OR IN CONNECTION WITH ANY PURCHASE MADE BY YOU ON OUR SITE.
15. INDEMNIFICATION AND COMPENSATION. You agree to indemnify, compensate and reimburse Imoshen in connection with any third-party claim, action, demand or lawsuit resulting from any illegal, unauthorized or improper use of your account by you or any person accessing the Site or App with your account information, whether such access takes place with or without your permission.
18. NOTICE FOR CALIFORNIA USERS. If you are a California resident, you may have the Terms mailed to you electronically by sending a letter using the contact information provided in the “Questions & Contact Information” provision with your electronic mail address and a request for the Terms. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
19. ENTIRE AGREEMENT. The above constitutes the entire agreement between you and us regarding your access and use of our Site or App.
20. GOVERNING LAW AND JURISDICTION. This agreement shall be governing by the laws of the State of California, and any dispute between you and us shall be resolved in the courts of the State of California.
9595 Wilshire Blvd.
Los Angeles, CA 90212
United States of America
Phone: +1(424) 322 2204