Welcome to the Miguel Moses website (the “Site”). Miguel Moses & Co provides services to you subject to the notices, terms and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING WITH THE USE OF THE SITE.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser, only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance or for the purpose of requesting a quotation for wholesale goods. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under the Republic of Trinidad and Tobago (T & T) or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other Content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Miguel Moses & Co, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Miguel Moses & Co or its affiliates. All software used on this Site (the “Software”) is the property of Miguel Moses & Co and its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by the Republic of Trinidad and Tobago (T & T) and international copyright laws. Miguel Moses & Co logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Miguel Moses & Co, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in Meta tags without prior explicit consent.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than Trinidad & Tobago. However at this stage we only deliver within Trinidad & Tobago. This Site may contain products or references to products that are not available outside of Trinidad & Tobago. Any such references do not imply that such products will be made available outside Trinidad & Tobago. If you access and use this Site outside Trinidad & Tobago you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
DISCLAIMER FOR DELAYED DELIVERY
In addition, any incorrect order information relating to billing address or shipping address that is inaccurate or incomplete may result in delays to your order that shall not be the responsibility of Miguel Moses & Co.
The delivery time frames stated at checkout may be delayed if incorrect information is given or due to any force majeure or security risk such as but not limited to poor infrastructure, flooding, hurricanes, delivery through crime “hot-spots” or delivery to unsafe areas deemed by Miguel Moses & Co or the carrier. In such cases this will either delay your order delivery time or may result in your order being cancelled. In either case, Miguel Moses & Co will refund or reverse your credit card if payment in which case payment would not have been made. You agree that Miguel Moses & Co will not be responsible or held liable for such delays in delivery for goods purchased on the site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Any sales by Miguel Moses & Co, as well as these disclaimers, terms, and conditions, shall be governed by the laws of the Republic of Trinidad and Tobago, without giving effect to any principles of conflicts of laws. The customer consents to the Jurisdiction of the Republic of Trinidad and Tobago for purposes of any suit, action or preceding arising out of any sale.
OUR ACCEPTANCE POLICY
When you purchase an item on the website, your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Miguel Moses & Co reserves the right at any time after receipt of your order to accept or decline your order for any reason such as but not limited to, illegal or suspicious activity, vague shipping address, natural disasters, potential threats to Miguel Moses & Co and its associates. If the order is cancelled and payment was made before receiving goods and services, Miguel Moses & Co will refund you the full cost of the transaction inclusive of delivery charges.
Further, Miguel Moses & Co reserves the right any time after receipt of your order, to supply less than the quantity you ordered for any item, based on the quantity of goods that are available at the time of placing the order. Such reduction in quantity shall be communicated to the user. Your order will be deemed accepted by Miguel Moses & Co upon shipment of products. All orders made via online credit card transaction and processed by a third party credit card processor must obtain pre-approval with an acceptable method of payment, as established by their credit and fraud avoidance department. They may also require additional verifications or information before accepting payment for any order. This is to ensure your security. This time-frame for additional verification may lengthen the period for delivery in which case Miguel Moses & Co does not guarantee delivery within any specific period but rather offers a guide for delivery time. Only when approval for online credit card payments is accepted will Miguel Moses & Co be able to deliver your goods. Please be guided when making online credit card payments that this process may result in delayed delivery times. Title to goods and all risk of loss passes to you upon delivery.
You agree to indemnify and hold harmless Miguel Moses & Co and its parents, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related to your violation of this Conditions of Use, or your violation of any law, regulation or third-party right.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
El Socorro Mega Store
#3 Chootoo Road El Socorro
Ext #2 San Juan
Trinidad and Tobago.