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Membership Terms & Conditions

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”) of 1 White Close, Horley RH6 8GE and govern the relationship between AMOY and Members or any person or business who apply/ied for or purchased membership of AMOY.§ t
This contract sets out your rights and responsibilities when you use AMOY’s Boutique Shopping 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, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

Background

A Moment of You offers a spectrum of services which includes both in person and online events as well as marketing and advertising platforms.
These Terms relate only to the marketing and advertising platforms known collectively as AMOY Boutique Shopping Village, which includes, but not limited to www.amomentofyou.com and the associated AMOY Facebook Group.
The A Moment of You Facebook page/ Instagram is not exclusive to the Boutique Shopping Village and may be used to advertise businesses who work with AMOY in other aspects.
All Members will receive discounted rates for AMOY Events, but Members should consult the relevant terms & conditions for each event. These Terms do not govern any events.

1.Membership

  1. AMOY reserves the right to refuse any application for membership without reason.
  2. All membership requests must be made via amomentofyou.com.
  3. A signed copy of these Terms & Conditions (electronically signed is fine using the tickbox on the application), along with the completed application form must be received before any application can be considered.
  4. Once AMOY receives an application, they will notify the applicant within 5 working days if they can become a member alongside a link to select and purchase their membership option.
  5. AMOY reviews all applications to ensure each business fits in with AMOY’s ethos.
  6. Members should only sell products listed on their application form. If a member branches out and wishes to sell other items, they should contact AMOY before doing so.  Any Member who advertises items that were not listed on their form may be asked to cease advertising.  In the event of a refusal to do so, membership may be revoked. In such circumstances, no refund will be given.
  7. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between the Member and AMOY.
  8. Members are solely responsible for any activity on their account.
  9. If individuals are registering as a business, they personally guarantee that they have the authority to agree to the Terms on behalf of the business/Member.
  10. Memberships are not transferable.
  11. Members should protect their password. It is important to keep the account secure.
  12. AMOY will allow more than one business of each type to join the Shopping Village, albeit we will limit multiple business types.

2.Facebook Group

  1. All Members must post within the AMOY Facebook Group at least once a week. Posting in the group means the group receives more engagement which helps boosts the group for all Members.
  2. Anyone not submitting at least one post a week will be contacted and reminded to do so. If this persists on more than 2 occasions, unless extenuating circumstances, AMOY reserves the right to cancel the membership on giving 7 days notice. No refund will be due.
  3. The Facebook group is open for shoppers to browse and comment on posts 24 hours a day, 7 days a week.
  4. If any Member notices a non-Member advertising their own/another non-member’s products/services in the Facebook group, please report the post to AMOY.
  5. Posts from Members will be approved between the hours of 9am till 10pm Monday to Sunday within time slots.
  6. All posts must adhere to AMOY’s housekeeping rules. Any posts not adhering will be rejected.
  7. No posts will be approved on Christmas Day, Boxing Day, Easter Sunday, New Years Eve and New Year’s day.
  8. If no Members are able to facilitate an In Search of Post, AMOY reserves the right to allow non-Members to comment and advertise their business if relevant to the in search of.
  9. Members will be given the opportunity to have a Sunday Showcase Slot as defined in their Membership Package. Member’s will be made moderator on the Saturday prior to the slot to allow time to schedule posts. By accepting a slot,
  10. Members will not approve or decline any posts
  11. Members will not approve or block any users
  12. If a Member wishes to contact AMOY on Facebook, they should message on A Moment of You. Any Member who messages Sarah or Lynda on their personal profiles may not receive a response. Members should, where possible, contact AMOY through email at hello@amomentofyou.com.
  13. If a Member has purchased a Membership with post scheduling, please refer to the Post Scheduling terms provided by AMOY.

3.Website

  1. The website will be open for shoppers to browse and/or purchase 24 hours a day, 7 days a week unless the website is unavailable due to maintenance or issues outside of AMOY’s control.
  2. The website will be open to Members to update their products/shops etc 24hours a day, 7 days a week unless the website is unavailable due to maintenance or issues outside of AMOY’s control.
  3. If AMOY needs to update the website for maintenance, AMOY will provide Members with 48 hours’ notice should the website be offline or unavailable. Notifications will be sent by email. AMOY takes no responsibility for any loss or sales due to the website being offline for maintenance.
  4. There may be occasions when the website is offline outside of AMOY’s control and whereby AMOY cannot give 48 hours’ notice. Amoy takes no responsibility for any loss of sales due to the website being offline. AMOY will notify Members as soon as practically possible by email.
  5. It is the sole responsibility of the Member to keep their website up to date with stock availability, prices, terms & conditions, postage, and payment details.
  6. Members should ensure that their page has the following information clearly visible:
    1. Terms & Conditions of purchase
    2. Returns Information
    3. Delivery Information
    4. Delivery Timescales
    5. Privacy Policy

4.Insurances, Food Hygiene Certificates and Accreditation

  1. All members should hold any required legal certificates for their business such as Food Hygiene. Certificates are those required to comply with sale of goods and the Governing Law in England and Wales.
  2. By purchasing a membership of AMOY, Members are confirming that they will comply with all relevant legislation and requirements.
  3. All members should ensure they have adequate public liability insurance in place.
  4. All Members selling items that require CE Testing, should ensure that they hold the relevant CE Testing Certificates.
  5. AMOY accepts no responsibility for any items sold through the AMOY platforms that does not comply with the relevant laws.
  6. No items or services which are protected by copyright or trademark may be listed, advertised or sold on the AMOY platforms. Any items of this nature may be removed without warning.

5.Members Privacy

  1. Personal Information is important to us all.
  2. Members should refer to the AMOY Privacy Policy for details of how Member’s information is used when they use AMOY’s Services. By using the Services, Members are also agreeing that AMOY can process the Member’s information in the ways set out in the Privacy Policy.

6.Members Duties as a Controller of Personal Data

  1. Both AMOY and the Members process personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers and or processors of that personal information under EU Law. That means that each party is responsible for the personal information it processes in providing the Services.
  2. AMOY is a data processor for any information provided by a buyer when purchasing an item from a Member. The Member is the data controller.
    1. For example, if a Member accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the Member, not AMOY, will be responsible for that unauthorised disclosure.
  3. If, however, AMOY and the Member 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 a Member did as a joint data controller of buyer personal information, the Member agrees to indemnify AMOY for the expenses it occurs in connection with a Member processing buyer’s personal information. See below for more information about your indemnification obligations to AMOY.
  4. Members should ensure they are registered with the Information Commissions Office (ICO). AMOY may request evidence of the ICO registration which should be provided within 7 working days.
  5. Any member failing to provide evidence of registration with the ICO may have their account suspended until evidence is provided.

7.Your Account with AMOY

  1. AMOY may offer Subscription boxes across the Services.
    1. All Members will be given the opportunity to apply to place an item, service, promotional material, or discount within the subscription boxes.
    2. AMOY reserves the right to select which items will be used in the subscription boxes.
    3. AMOY will provide Members with Subscription Terms when AMOY starts the subscription box scheme.
  2. AMOY will offer gift vouchers which can be used with Members across the Services.
    1. Vouchers will be available in a range of denominations.
    2. Vouchers can be purchased on the Services.
    3. Unless a Member wishes to opt out of the gift voucher option, they will automatically be able to accept them.
    4. Members can opt out by sending an email to hello@amomentofyou.com titled “gift voucher opt out”.
    5. AMOY will receive 10% commission of the value of any gift voucher purchased. The Member must not pass this commission on to the purchaser.
    6. Once a buyer contacts a Member to use a voucher, the Member should contact AMOY to confirm the validity of the gift voucher prior to providing any items to the buyer.
    7. Once a buyer has used the voucher, the Member should contact AMOY with proof of purchase to receive payment of 90% of the value of the voucher used.

8.Members Content

  1. Content that a Member posts using the Services is the Member’s content (so let’s refer to it as “Member Content”). AMOY doe not make any claim to it, which includes anything a Member posts using the Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
    1. Responsibility for Member Content. The Member understands that they are solely responsible for Member Content. The Member represents that they have all necessary rights to the Member Content and that they are not infringing or violating any third party’s rights by posting it.
    2. Permission to Use Member Content. By posting Member Content through the Services, the Member grants AMOY a license to use it. AMOY does not claim any ownership to Member Content, but AMOY has the Member’s permission to use it to help AMOY function and grow. That way, AMOY will not infringe any rights the Member has in the Member Content and AMOY can help promote it. For example, the Member acknowledges and agrees that AMOY may offer the Member as a Boutique Owner promotions on the Site, from time to time, that may relate to Member Content.
    3. By posting Member Content, the Member grants 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 the Member’s Content. This allows AMOY to provide the Services and to promote AMOY, the Member’s Boutique Shop, or the Services in general, in any formats and through any channels, including across any of AMOY’s Services, our partners, or third-party website or advertising medium. The Member agrees not to assert any moral rights or rights of publicity against AMOY for using Member Content. Members also recognise AMOY’s legitimate interest in using it, in accordance with the scope of this license, to the extent the Member Content contains any personal information.
    4. The Member agrees that they will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of copyright or intellectual property.
    5. The Member also agrees not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
    6. Members are strictly prohibited from selling or advertising copyright or counterfeit items.
    7. Members are responsible for ensuring the integrity and safety of products.

9.Warranties and Limitation of Liability

  1. The Member understands that AMOY does not manufacture, store, or inspect any of the items sold through the Services. AMOY provides the venue for buyers to browse goods and purchase goods; the items in the Shopping 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 purchased must be brought directly against the seller of the item. Any Member and Buyer release AMOY from any claims related to items sold through the Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
  2. Member’s understand that AMOY does not store, manufacture or inspect any items sold. AMOY does not make any warranties about quality, safety or legalities. Any legal claim related to any item a Member sells, markets or sold on the Services is the sole responsibility of the Member. Any legal claim must be brought against the Member. Members release AMOY from any claims related to items sold using the Services including but not exclusive to defective items, misrepresentations by Members or items that caused physical injury.
  3. Members may come across materials that they find offensive or inappropriate while using the Services. AMOY makes no representations concerning any content posted by Members through the Services. AMOY is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by Members or users that you accessed through the Services. Members release AMOY from all liability relating to that content.
  4. Members can use the Services to interact with other individuals, either online or in person. However, Members understand that AMOY does not screen users of the Services. Members release AMOY from all liability relating to their interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if there is a face-to-face meeting. Members should take all reasonable steps to ensure their safety.
  5. Members are responsible for providing a high-level customer service to the users in connection with the Services.
  6. The Services may contain links to third-party websites or services that AMOY does not own or control (for example, links to Facebook, Twitter and Pinterest).

10.Indemnification

  1. Members agree to defend and indemnify AMOY if legal action is brought because of something the Member did or did not do. This means that the Member will defend AMOY (including any of AMOY’s employees) and hold AMOY harmless from any legal claim or demand (including reasonable legal fees) that arises from the Member’s actions, the Member’s use (or misuse) of the Services, the Member’s breach of the Terms, or the Member’s account infringement of someone else’s rights.
  2. AMOY reserves the right to handle their legal defense however they see fit, even if the Member is indemnifying AMOY, in which case the Member agrees to cooperate with AMOY.

11.Disputes with Other Members

  1. If a Member has a dispute with another member, the Member should contact them in the first instance to try to resolve the dispute.
  2. AMOY takes no responsibility or liability for any goods or services provided by Members.
  3. Should the Member be unable to resolve the dispute and it materially affects the membership, the Terms or the Services, the Member should contact AMOY.
  4. AMOY will attempt to help mediate the situation but takes no responsibility to resolve the situation.
  5. Any Member causing a dispute which cannot be resolved, may have their membership terminated on 7 days’ notice. No refund for membership will be due in this circumstance and AMOY takes no responsibility for any loss of earnings or sales.
  6. Disputes with AMOY
  7. If any Member is upset or has any concerns with AMOY, they should let AMOY know, and hopefully AMOY can resolve the issue. In the first instance, Members should please contact AMOY at hello@amomentofyou.com.
  8. Any member found posting any negative or derogatory posts or comments on social media about AMOY, may have their membership terminated without warning.

12.Disputes with Consumers

  1. If any Member has a dispute with a buyer, they should try to resolve the dispute between themselves.
  2. AMOY is not responsible for any failure to the goods and or services by any Member.
  3. AMOY is not responsible for any payments, disputes or resolutions raised via payment methods such as paypal.
  4. Where any dispute is found to be impacting the AMOY reputation from a Member perspective, AMOY reserves the right to terminate the contract as per Clause 13.
  5. Where any dispute is found to be potentially impacting the AMOY services by a user, AMOY reserves the right to terminate their account.
  6. AMOY’s ethos expects all Members to act in good faith and deal with any disputes in a timely , professional and fair fashion.

13.Termination

  1. If a Member would like to remove their account, they can do this in their account settings.
  2. AMOY may terminate or suspend any account and Member access to the Services should AMOY have reason to believe the Member, the Content, or the Member’s use of the Services violate AMOY’s Terms. If AMOY does so, it’s important to understand that the Member does not have a contractual or legal right to continue to use the Services, for example, to market or browse on the websites or other platforms. If AMOY needs to take this action, AMOY will notify the Member that their account has been terminated or suspended, unless AMOY has a legal or regulatory reasons preventing them from notifying the Member.
  3. Members may lose any information associated with their account if terminated.
  4. 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. AMOY will not be liable to the Member for the effect that any changes to the Services may have on them, including their income.
  5. The Terms will remain in effect even after the Member’s access to the Service is terminated or use of the Service ends.
  6. Members may unsubscribe from AMOY emails at any time by clicking the unsubscribe link at the bottom of the email. This will not result in a termination of the membership.

14.Changes to the Terms

  1. AMOY may update these Terms from time to time.
  2. If AMOY believes that the changes are material, they’ll let Members know by sending an email. That way Members can decide whether they want to continue with the membership.
  3. Changes will be effective upon the posting of the changes unless otherwise specified.
  4. Members are responsible for reviewing and becoming familiar with any changes.
  5. The use of the Membership following the changes constitutes the Member’s acceptance of the updated Terms.
  6. If any Member has any concerns about any changes, they should contact AMOY at hello@amomentofyou.com within 5 days of the email notifying of the changes.

15.Supersede

  1. The Terms, including all of the policies that make up the Terms, supersede any other agreement between the Member and AMOY regarding the Services.
  2. If any part of the Terms are 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.
  3. AMOY’s failure to enforce any part of the Terms is not a waiver of their right to later enforce that or any other part of the Terms.
  4. AMOY may assign any of their rights and obligations under the Terms.

16.Contact Information

If a Member has any questions or concerns about the Terms, they should email AMOY at hello@amomentofyou.com. Members should not contact Sarah or Lynda on their personal Facebook profiles.

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