Platform Terms Of Use

This Platform and any application associated with it (each and together, the “Platform”) belongs to Makeamoment (“us”, and “we” and/or “Makeamoment”).

Your use of this Platform, whether to order a product from us or perform any other kind of action, shall be governed by theseterms and conditions (”Terms”) which you unconditionally accept by your continuing use hereof. You may not use and shall immediately leave and discontinue your use of this Platform if you are not able to create a legally binding agreement in accordance with applicable laws and/or if you do not agree to the content of these Terms in full.

Certain features of this Platform may be subject to additional terms and conditions of use from third party providers. It shall be your responsibility to inform yourself of such guidelines and terms of use before using as such additional terms and conditions shall form an integral part of these Terms and any such third-party providers shall have the right to enforce any and all of those terms against you.

1. Access To This Platform
    
   1. License to Use Subject to the rest of the content of these Terms below, we hereby grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Platform but reserve our right to revoke any or all of such authorizations at any time.
   2. You agree to use our Platform only for lawful purposes and in a way that does not infringe on the rights of any third party or restrict or inhibit such third party’s use and enjoyment of this Platform.
   3. Certain Restrictions The rights granted to you under these Terms are subject to the following restrictions:
      1. you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of this Platform and/or the content thereof;
      2. you shall not access this Platform in order to build a similar or competitive Platform, product, and/or service;
      3. except as expressly stated herein, no part of this Platform may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to linked, framed, hyperlinked or deep-linked into any other Platform, without our express written consent;
      4. all copyright and other proprietary notices on this Platform (or on any content displayed on this Platform) must be retained on all copies thereof and the source clearly displayed; and
      5. unless otherwise indicated, any future release, update, or other addition to functionality of this Platform shall be subject to these Terms.
   4. Modifications You should review these Terms periodically as we reserve our right, at any time, to amend or modify these Terms, suspend, or discontinue this Platform, in whole or in part, without prior notice to you.
   5. No Support, Maintenance, or Protection You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with our Platform and your use thereof. We also cannot guarantee that there will be no viruses or other harmful code embedded in this Platform which could adversely affect the device you are accessing it from. It shall be your sole responsibility to ensure that your device is protected against such threats.
   
   
2. Our Services
    
   1. If you are a customer, we provide a Platform from which you can order and purchase various items, including but not limited to designer made cards, prints and other items. We also provide customizations and personalization to the items which have this option on our Platform. All items on our Platform shall be referred to as “Goods” in these Terms. To order and purchase Goods, simply select the Goods you would like to order, customize or personalize these, where applicable and where such option has been provided, and complete the checkout process.
   2. Before placing an order to purchase the Goods, you will be given the option to proceed with placing your order as a ‘guest’ or to register an account with us. By creating an account with us, you will be able to complete any future orders a lot quicker, store multiple shipping addresses, view and track your order status, order history and more. In order to create an account with us, you will be asked to provide your email address, which will function as your username, and to pick a secure password to create and log in to your account. You are responsible for keeping your login information secret and secure at all times. You hereby agree not to permit any other person use your username and password and not to disclose or provide any other person your username, your password or any other information that may allow any other person to gain access to your account.
   3. Instead of providing an address to other Users who may want to send you orders, you can create a "Makeamoment Code" which will be linked to your address, but the "MakeamomentCode" will be all that’s necessary for you to give to the person wanting to send you something, thereby protecting your address so that you don’t have to give it out unnecessarily. The person wanting to send you something through the Platform, need only input the "Makeamoment Code" at checkout and the order will be sent to the address you have registered with your "Makeamoment Code". The first initial of your will be displayed however, along with your last name, to ensure that the "Makeamoment Code" entered is going to the correct recipient. For example, if your name is John Doe, this will be displayed as J Doe. You may change or delete your "Makeamoment Code" at any time throughout your use of the Platform for whatever reason, create a new one, or change the address associated with your "Ma Code" (for example, if you move). Notwithstanding, you shall be responsible for keeping your "Makeamoment Code" secret and secure and ensuring that the address linked to your "Makeamoment Code" is correct and accurate at all times. It shall be your responsibility to update the address attached to your "Makeamoment Code" whenever necessary. Orders sent to an address which is linked to a "MakeamomentCode" which is incorrect because you have not entered your address correctly or have not updated it, shall be at no fault of ours. Without limiting the generality of the foregoing, Makeamoment does not accept any liability or responsibility for missing or lost Items sent to outdated residences or addresses which have been entered incorrectly. You hereby agree not to permit any other person use to your "Makeamoment Code" and must immediately update your "Makeamoment Code" and/or contact Makeamoment
   4.  should it become compromised.
   5. You shall be responsible for ensuring the accuracy of the information you submit with making your order and in the use of our Platform. We will not be liable for costs and expenses incurred by you due to inaccurate information.
   6. When you place an order with us, your order is representative of an offer to purchase those Goods which you have included in your order. We may choose to accept or refuse your offer, which is not a legally binding contract. Our acceptance of your order is conditional upon the Goods being intended for personal use only and not for resale or commercial use. All orders shall be subject to these Terms and are subject to availability, on a first-come first-serve basis.
   7. Whilst we will do our best to fulfil your order, we cannot guarantee that we will be able to do so (for example, where our vendors are out of stock, where your card issuer refuses to authorize your payment or where Goods have been incorrectly priced on our Platform). Your offer is accepted by us and becomes binding only when we expressly confirm your order to you by email.
   
   
3. Product Descriptions And Price
    
   1. All product specifications, colors, descriptions, drawings, weights, dimensions and illustrations provided on our Platform are provided on a best effort basis and are not intended to be provided as a form of guidance only. The Goods received may vary accordingly.
   2. All prices shown on our Platform are shown either in AED and do not include delivery charges, packaging, taxes (including VAT), or other charges, which will be added to any order you place upon checkout in accordance with the provisions of the Clause relating to Delivery.
   3. Where you wish to procure a custom-made order, which is different from a current Good which may be personalized through the Platform, you may make a request with us by contacting us at the email address provided in the Platform. Details of your custom-made order will be required. We cannot guarantee that we will accept your request or that such request can be processed, however, we will take commercially reasonable endeavors to try to accommodate it. Once we have procured a quote for the custom-made order, we will provide you with a quotation for creating the requested custom-made goods. Once you have approved the quotation, we will provide you with a payment link for the same. Once payment has been received, we will proceed with your order.
   4. We shall rely on the accuracy of the information you provide when creating a quotation for custom-made orders. We reserve the right to request additional information from you when creating the quotation and/or preparing the custom-made order. We will not be labile for an inaccurate quotation, for not providing a quotation and/or for any delay in providing a quotation, where you fail to provide sufficient details.
   5. The price for any other Goods shall be provided with such Goods on our Platform.
   6. Payment may be made through visa or master card in AED (visa a secure connection provided by one of our third-party payment providers), PayPal, apple pay and/or cash on delivery subject to the provisions of these Terms.
   7. Cardholder must retain a copy of transaction records and Merchant policies and rules.
   8. During the checkout process, you will be asked to complete your payment details as instructed to make payment. All highlighted fields must be completed, and you will need to select your payment method. Kindly familiarize yourself with the Returns provisions of these Terms before proceeding with your chosen payment method.
   9. We will not retain a copy of any credit card information. All credit card payments may be subject to authorization by your credit card issuer. If the card is declined, your order will not be processed however, they may be a pending transaction until your credit card issuer removes the authorization.
   10. All charges, prices, fees and other payments shall be paid without any deductions or withholdings of whatsoever nature.
   
   
4. Creating An Account With Us
    
   1. If you would like to create an account with us, whether as a purchaser or as a designer, there will be different requirements depending on which one you would like to register as. Accounts for designers shall always be subject to our pre-approval. Requirements will be advised to you upon creating your account. Among other things however, if you are a designer, you will be asked to provide a profile picture, your email address, your name, city where you are living and your bank details so that we can pay you. Payments will be set out in more detail in the payment section of these Terms of Service. Whether you are a designer or a purchaser, you will need to register a username, and to pick a secure password to create and log in to your account with. After a designer’s account has been approved, they will be able upload designs via their account, adding tags and a title (subject to the provisions to follow).
   2. You shall be responsible for ensuring the accuracy of the information you submit when creating an account with us. All information provided by you must be provided in good faith. Such information must be true and accurate in all material respects and not misleading as of the date such information is given. You should also revise this information regularly to check that the information we have for you is correct. You may delete or update the information that you have saved with your account at any time. We may request supporting documentation and/or information to verify the information you have provided is correct. We shall not be liable for any costs, expenses or liabilities incurred by you due to inaccurate information.
   3. All information and publications you make through your account or on your profile must be appropriate, factual, and remain professional at all times, including but not limited to, your profile picture. You shall procure that your use of our website and our Platform, including the publication of any pictures, images, files, links or other material in any format, shall at all times, (i) comply with applicable laws, rules and regulations, (ii) must not infringe on any intellectual or proprietary rights of any third party, (iii) must not promote, contain, or display information that is inaccurate, false or misleading in any way whatsoever, including but not limited to, impersonating or purporting to impersonate any other person, and (v) must not be offensive, illegal or inappropriate in any way, including but not limited to, displaying pornographic or sexually explicit material, whether as your profile picture or otherwise.
   4. You are responsible for keeping your login information secret and secure at all times. You hereby agree not to permit any other person to use your username and password and not to disclose or provide any other person your username, your password or any other information that may allow any other person to gain access to your account. You will remain responsible for all activity that occurs through or associated with your account (including but not limited to, any violations of clause 3.4 and 9.3). For the avoidance of any doubt, you may not use the account of anyone else or set-up more than one account for yourself (especially if your account has been suspended or deleted by us for any reason). We do not accept responsibility for any activity that occurs through your account.
   5. We reserve the right to reject or approve any request to create an account, to suspend your account and/or to delete your account at our sole discretion without any liability for the same.
   
   
5. Delivery
    
   1. We deliver our products to all GCC countries and mainly the UAE. Shipping will be done by a third-party courier.
   2. Delivery within UAE cities shall be in 1-2 working days and from 5 to 10 working Days to other GCC countries. UAE delivery Fees will be a flat rate of 12AED with free delivery over 99AED and delivery fees outside the UAE will be mentioned on the checkout page depending on the country and location. Avoid any delay by providing your full address along with your contact details.
   3. We will arrange for the delivery of the Goods on your behalf in accordance with the delivery method you have selected upon completing and paying for your order. In cases where delivery is made by a carrier, courier, freight forwarder or delivery service provider (“Logistic Provider”), an additional fee in the form of shipping and handling charges may apply. This will be in addition to the prices we charge you for the Goods and will be added to your total bill upon checkout but before payment of the total amount. In addition, you will be liable for all customs requirements and duties arising for delivery of the Goods outside of the United Arab Emirates. It shall be your responsibility to ensure the Goods you are ordering comply with the applicable laws in the country where you are ordering them to. We shall not be liable for delayed delivery times or Goods returned to us due to packages being inspected by customs and/or Goods being rejected. The transport and delivery of the Goods to you by the Logistics Provider, shall be subject to the Logistic Provider’s terms and conditions, which terms and conditions shall be incorporated in this clause by reference.
   4. When making an order, you will be requested to provide certain information for the Logistics Provider to be able to deliver the Goods to you, including information such as your name, delivery address, email address and telephone number. Delivery will be made to the address you provide specified with your order and you be responsible for making all of the necessary arrangements to be able to accept and take delivery of your order. If no one is available to accept your order at the address at the time of delivery, the Goods will be retained by the Logistics Provider for a reasonable period of time and then returned to us if they remain undelivered and/or uncollected. If Goods are returned to us by the Logistics Provider, we will issue you a refund for the Goods but reserve the right to retain any costs incurred in arranging for the delivery and return of the Goods.
   5. Times for deliveries will vary depending on various factors such as the Goods that you order, the size of your order, the availability of your order, where the Goods are being shipped to/from and so forth. All risk in the Goods you order (including risk of loss and/or damage to the Goods) shall pass to you once we hand them over to the Logistics Provider. Notwithstanding the foregoing, ownership of the Goods shall not pass to you until the price for such Goods (and all delivery and/or additional charges) have been paid in full. The actions of the Logistics Provider are out of our control and as such, we cannot and do not accept any liability for the actions or the inactions in relation to the same. Furthermore, neither us nor the Logistics Provider shall be under any liability for any delay or failure to deliver Goods if the delay or failure has been wholly or partly caused by circumstances beyond our control.
   
   
6. Cancellation Policy
    
   1. Customers may cancel their orders within 2 hours of original purchase; refunds will be made back to the payment solution used initially by the customer. Please allow up to 45 days for the refund transfer to be completed. All Custom-made goods/print on demand products shall be non-cancellable or refundable, so please double check spelling and wording prior to order.
   
   
7. Returns
    
   1. You should check all Goods you receive against your order. If you would like to make a return, the Goods must be in their original condition, unopened, unused and untampered with. Goods that are damaged, opened or used will not be eligible for return and will not be accepted.
   2. Notwithstanding the above, custom-made Goods shall be non-refundable.
   3. To return an item, please contact us to request for the return within seven (7) working days from receiving your order. We may ask you to fill in a return form and/or request additional information from you, such as the details of the Goods you are wishing to return and your reasons for doing so. Should you fail to give notice in accordance with the timeframes set out in clause 6.1 above and do not follow our instructions for returning the Goods in a timely manner, the Goods shall be deemed to have been accepted by you. Goods that you received damaged or incorrectly supplied shall be automatically eligible for return. We will reply to you with further instructions for making your return. Neither us nor the Logistics Provider shall have any liability with regards to the return of any Goods not raised in a timely manner.
   4. Once we receive notice of your return, we will, at our option, provide a replacement or allow you to cancel your order. Should you exercise your option to cancel your order in the circumstances set out above, the provisions of clause 6.4 below shall apply in relation to your refund.
   5. For Goods paid for by credit card, you will be refunded the amount you paid for the Goods that have been returned and accepted for return by us, to the same credit card from which you made the order less any shipping and handling costs and any other expenses reasonably incurred from the return (“Returned Amount”) within 10 to 45 days. Unfortunately, we cannot refund cash on delivery payments. The Returned Amount will be given back to you only through the Original Mode of Payment. For payments made through PayPal, the Refunded Amount shall be returned to you through PayPal in accordance with their methods and in accordance with their terms and policies for completing such transactions.
   6. If we cannot supply you with the Goods that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Goods. Whilst we will use our reasonable commercial endeavors to keep prices up-to-date on the Platform, we reserve the right to alter or change prices and delivery charges at any time. Goods ordered may also become unavailable upon sudden notice. Should this occur, we will refund you the amount which has been paid (if any) in accordance with this clause.
   
   
8. Designer Accounts
    
   1. Whats the benefit? Here’s what we can offer you through our Platform when you register as a designer:
      1. Unlimited designs can be uploaded to our Platform (this will not be the case for later joiners).
      2. commission for cards or prints sold (as agreed).
      3. B2B commission opportunities especially for our original designers; this has already come to fruition twice.
      4. Opportunities for ‘designer spotlight’ vlogs or posts. Opportunities to spotlight cards next to UAE landmarks.
      5. Pitches for products and/or a chance to communicate with us about new ideas.
      6. Career/audience growth conversation opportunities
   2. Number of Designs There is currently no limit to the number of designs that a designer can upload through their account. We highly recommend that you upload the designs that you believe or know will sell well to a young, international audience. If there are designs that have not sold any units for more than 2 months, we may deactivate your design. All designs will be subject to a moderation check. Any designs that do not meet the minimum standard or criteria (as set by us) will not be approved for upload. In the future, there will be a limit on the number of uploads, but we will honor all limits that our original designers are given.
   3. Changes to Designs Designs cannot be changed after they have been uploaded as all designs will be linked to the integrated sales systems and analytics software we operate. Therefore, it is vital that all of your designs are triple checked prior to being uploaded. Your uploads should also be checked for spelling mistakes, quality and sizing issues at moderation.
   4. Tags All tags will allow your designs to be easily categorized and found. You will be able to select 3 tags such as: “Birthday”, “Funny”, “Dog”. You can also create your own tags if you think this would be better suited. Upon uploading your designs, you will also be able to set a title, the description of your design and a theme (for example, “Birthday”, “Congratulations” etc). All designs uploaded to our Platform will have SEO and metadata capturing capabilities.
   5. Deleting Designs After designs have been uploaded, they can’t be deleted due to the background accounting system that we implement. However, you do have the option to activate and deactivate your card listing as to if you want to sell it or not. To that end, accounts cannot be deleted but again can also be deactivated.
   6. Image Size Images must be a minimum of 1772 X 2506 pixels 300DPI and will be printed in A5 Format. Some designs (posters or prints) may be used in A3 format but you can contact us if you wish to sell your prints/posters on our Platform.
   7. Additional Goods If you are interested in selling any of your other products please contact us on [email protected].
   8. Payment We pay our designers the agreed percentage of sales before delivery. This means that we pay you off the final price of the card including taxes prior to delivery charge.
   9. Royalty Fee When a design is purchased, the agreed royalty fee will automatically be accredited in your account. You will also be able to see all your sales statistics.
   10. Payment All commissions are subject to a 14-day settlement period. This just means that all monies settle prior to withdrawal. Balances over 100 AED (around 20GBP) will be automatically paid/actioned on the last Thursday of each month to your bank account. However, designers can request to withdraw all or part of their money at any time after the 14 days via a formal email/withdraw request to: [email protected]. Please do note, however, that manual requests are not advised as international payments i.e., UAE to UK, Europe or rest of the world will be subject to transfer fees so we utilise the minimum withdrawal of 100 AED to make this the most cost-effective system for you.
   11. Taxes We take no responsibility or liability regarding VAT or Tax liabilities regarding your receivables. It is your responsibility to declare and ensure your legal obligations are met in your home country as is ours within the UAE on products we sell. If you are unsure, we highly recommend that you contact a trained tax specialist in your home country.
   12. Approved Content We want to help get your name out as much as possible and we know that the world needs to know about your wonderful talent so we will be shining the spotlight on you in any way we can, starting with ‘designed by + your name’ appearing on the back of each of your designs that we sell- and we know that we will sell plenty! All designs, however, will be subject to moderation via our team so we wanted to share a couple of pearls of wisdom with you.
   13. Things to avoid We have also compiled a list of things to be aware of as we are operating in a Muslim country with certain things that it is best to avoid in order to ensure that we are in line with the rules.
       1. Swearing
       2. References to religion
       3. References to sex
       4. Negative references to the UAE
       5. References to gambling
       6. Culturally inappropriate references
   14. Things to aim for/needs:
       1. Modern memes and jokes.
       2. References to cult films/ series/ books.
       3. Arabic writing/ references.
       4. UAE-specific references.
       5. Popular TV shows/films.
       6. A range of designs which show off your talent- we will be looking to fill ALL categories.
       7. Female empowerment.
       8. Diversity.
       9. Girlfriend/boyfriend/engaged couples cards as well as married couples (it is currently hard to find anything other than husband/wife).
   15. Subject to Approval We reserve our right to reject or delete any designs which we deem to be inappropriate in our sole and absolute discretion at any time. Should such behavior be continuous from a designer, we will de-activate your account.
   16. Promotion All designers will have their chosen brand/ company name on the back of all the Goods they have designed, in addition their own designer section with their Social media links. The designer’s name will also be displayed, this will link to your profile with all your designs.
   
   
9. Indemnification
    
   1. You agree to indemnify and hold us (and our affiliates, officers, employees, and agents) harmless from any and all claims and demands (including reasonable costs and attorneys’ fees) made by any third party due to or arising out of (a) your use of this Platform, (b) your violation of these Terms or any other terms or guidelines referred to herein (including third party provider terms and conditions), or (c) your violation of applicable laws and regulations. We reserve our right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to fully cooperate with us with regards thereto and not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
   
   
10. Intellectual Property
     
    1. You own 100% intellectual rights to your own images, all we have is permission to resell the images on our products and use within our advertisements. You may deactivate your designs at any time within the designer section.
    2. As between you and us, you acknowledge that any and all intellectual property rights, including copyrights, patents, trademarks and trade secrets (collectively “Intellectual Property”) in this Platform is owned by us. Neither these Terms (nor your access to or use of this Platform or ownership of the Goods) shall transfer to you or any third party, any rights, title or interest in or to such Intellectual Property, except for the limited access rights expressly set forth in clause ‎1.1 above. We reserve all of our rights not granted in these Terms and reserve the same for our third party providers. For the avoidance of any doubt, there are no implied licenses granted under these Terms or by your use of this Platform.
    3. We do however, highly encourage all reposting of our advertising material with your designs all we ask is you tag and endorse us as we will with you!
    
    
11. Third-Party Links Ads; Other Users
     
    1. The Platform may contain links to third-party Platforms and services and/or display advertisements for third parties (collectively “Third-Party Links & Ads”). We do not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links & Ads found on or through our Platform and hereby expressly disclaim any and all liability in relation thereto. Access to Third-Party Links & Ads have been provided for your convenience only. Your use of any Third-Party Links & Ads shall be at your own risk. When accessing any Third-Party Links & Ads, additional terms and conditions are likely to apply, including but not limited to, the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with or any access to any Third-Party Links & Ads.
    2. Your interactions with other Platform users and/or third parties shall be solely between you and such other users and/or third parties. We will not accept responsibility for any loss, damage, cost, expense or other liability having occurred as a result of any such interactions. If there is a dispute between you and any other Platform user and/or third party, we are under no obligation to become involved or defend the same.
    3. Certain activities, whether legal or illegal, may be harmful to you and to others. For your own protection and for the protection of others, you may not at any time during your use of this Platform:
       1. harass or abuse other users and/or third parties, whether by threatening, stalking, spamming, transmitting junk mail, chain mail and/or any other form of harassment and/or abuse;
       2. violate the privacy of other users and/or third parties, either by infringing applicable privacy laws, soliciting personally identifiable information for the purposes of harassment, exploitation, commercial activities, promotional activities, or any other reason which is contrary to the reason such information was
       3. unfairly interfere with any other user or third party’s uninterrupted use and enjoyment of our services and/or this Platform;
       4. upload or transmits viruses or other harmful, disruptive or destructive files; or
       5. disrupt, interfere with, or otherwise harm or violate the security of our Platform, system resources, accounts, passwords, servers or networks connected to or accessible through our Platform.
    4. You hereby release and forever discharge us and our affiliates, officers, employees, agents, successors and assigns (as applicable) from and against each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly, in whole or in part, out of your use of this Platform (including any and all interactions with, or act or omission of, other Platform users and/or Third-Party Links & Ads).
    
    
12. Disclaimers
    
    This Platform, its content, and the Goods sold on it, are all provided on a strictly “as is” basis. We expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including without limitation, warranties and conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We make no warranty that this Platform or the Goods will meet your requirements and/or expectations, will be available on an uninterrupted, timely, secure and error-free basis, or that this Platform will be accurate, reliable, free of viruses or without other harmful code, complete, legal or safe at all or any times. If applicable law requires any warranties with respect to this Platform or the Goods to be given, all such warranties are limited in nature and duration to the minimum requirements imposed on us by law.
    
13. Limitation On Liability  
    1. To the maximum extent permitted by applicable laws, in no event will we accept any liability to you or any third party for any loss of profits, loss of data, costs of procurement of substitute goods, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in relation to the Goods, these Terms and/or your use, or inability to use, this Platform. Access to, and your use of this Platform and the Goods, shall be at your own risk. By accessing our Platform, you accept sole responsibility for any damage to the device you are accessing it from, its computer system, and/or any loss resulting therefrom.
    2. To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to the Goods, these Terms and your use of our Platform (for any cause whatsoever and in any form of action) shall be limited to fifty USD ($50.00) or the value of the Goods, whichever is higher. The existence of more than one claim will not enlarge this limit as it shall be in the aggregate. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
    3. We will not be liable to you for any breach of these Terms caused by any event beyond our reasonable control including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary OR local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
    4. These Terms shall not affect your legal rights whether under any mandatory consumer protection laws, which cannot be excluded or limited by applicable law.
    
    
14. Term And Termination
    
    Subject to this clause, these Terms will remain in full force and effect for the entire time that you use this Platform and/or order Goods from us. We may suspend or terminate your rights to use this Platform and/or order Goods from us at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, any account you may have with us and any right to access this Platform and/or order Goods from us shall be terminated immediately. We shall not be liable in any way whatsoever for any termination of your rights under these Terms. Even after your rights under these Terms have been terminated, the following provisions of these Terms will remain in effect and shall be fully enforceable against you under law: clauses 8, 9, 11, 12, 14 and 15.
    
15.  
16. Governing Law And Dispute Resolution
     
    1. These Terms shall be governed and construed in accordance with the laws of UAE for the time being in force.
    2. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms shall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach amicable settlement shall cause the dispute to be referred to and finally settled by the Courts of Dubai, UAE.
    
    
17. General.
     
    1. Survival of Agreement These Terms will survive the termination of your relationship with us for a period of five (5) years from the date you last visited this Platform.
    2. years from the date you last visited this Platform
    3. Electronic Communications All communications between us and you will be in electronic form. For contractual purposes, you (a) consent to receive communications from us in an electronic form and (b) you agree that all terms and conditions, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy. The foregoing does not affect any non-waivable rights.
    4. Entire Terms These Terms, together with our privacy policy and cookies policy, constitute the entire agreement between us and you regarding the use of our services and this Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Any or all of the rights and limitations set forth in these Terms may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of these Terms. If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms shall continue in full force and effect. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
    5. Copyright/Trademark Information Copyright © 2021 Makeamoment. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform and with the Goods (in any way, shape or form) are our property. You are not permitted to use these Marks without our prior written consent.
    6. Meetup If any of our amazing designers are ever in the UAE please feel free to send us a message and we will do our best to meet up. We love to meet our designers and all of our original designers will be able to request zoom appointments with us.
    7. Feedback Please do share your feedback or ideas with us- we are a growing company as are many of you. We are very proud of our roots and always looking at new innovations/ideas
    8. Limitations We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE
    9. Minors Customers using the website who are Minor/under the age of 18 shall not register as a user of the website and shall not transact on or use the website.
    10. Webstie: Make A Moment  maintains the website https://makeamoment.com/

You confirm your acceptance of these Terms in full by continuing to use our Platform. We shall be under no obligation to prove that you have read these Terms, as may be amended from time to time. It shall be your sole responsibility to ensure that you are aware and keep yourself aware of the same.