Terms of Service
Evorie Terms of Service
Last Updated: 14 July 2020
Welcome to the Evorie website located at www.evoriemoment.com (the "Site"). Quick Retailing Pte. Ltd. (UEN: 202012271H) in its capacity as the sole distributor of Evorie and its products (collectively, "Evorie") provides this Site as a service to our customers. Please read the following terms of service ("Terms") as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the "Services".
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE ALSO REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
Membership & Eligibility
Evorie is an online retailer of mother and baby goods offered at great value to the consumer. Membership allows customers to purchase a variety of products, from feeding bottles to baby essentials, exclusively offered to our members only. You can sign up for a membership by registering and creating an "Account". You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Payments
When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in your selected currency at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
Delivery
The cost of delivery of your purchase from our Site (your "Order") will be displayed to you on our Site when you check out. We offer international shipping and you may refer to the "Delivery" Section of our "Shipping & Returns" page for more details.
Orders are processed and dispatched from our warehouse to our local delivery partner/s within an estimated 2 working days. Our local delivery partner/s shall deliver the product/s you ordered (the "Product") to the address specified in your Order.
If delivery of your Product is delayed, we will inform you accordingly and the Product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.
International Orders
Please note that all international shipments may be subject to import charges (duties, customs tariffs and goods & services taxes) which are set by the destination country. Evorie does not collect your duties and taxes during checkout and cannot predict what your particular charges may be: and in the event, you incur these additional charges, they must be rendered in order for your package to clear custom. For more information regarding your country's customs policies, please contact your local customs office.
Bounced Parcels
We'll be in touch via email in the event of a bounced parcel. However please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and any further delivery costs, or terminate your Order if you repeatedly fail to take delivery of the product.
Bounced parcels that are unclaimed after half a year will be deemed as Evorie's property and no compensation will be offered as sufficient response time has been given.
Buyers responsibility for Product
The Product will be your responsibility from the time we deliver the Product to the address you provided us. You own the Product which is the subject of your Order once we have received payment in full for your Order.
Customer Satisfaction
At Evorie, we are committed to providing our customers with great quality products at affordable prices. We have done our best to display our items as accurately as possible via our Services. If you are not satisfied with your purchase, please review our Returns Policy under our "Shipping & Returns" page.
Referral Program
Registered Evorie customers may be eligible for a referral credit when they share their personalized referral link and the referred customer completes his or her first purchase. To qualify for the credit, the referred customer must click on the referrer’s unique link, create a new account, and place an order via the Site. Referral credit is granted as Evorie ‘store credit’ to the referrer’s account once all items in the referred customer’s first order have shipped. The credit is non-transferable.
We reserve the right to review, investigate, and remove referral credit as well as suspend users or accounts in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program, such as:
- Attempts to gain credit through self-referral by opening multiple accounts using different email addresses or by adding identical payment methods to multiple accounts.
- Credit gained by referring customers through paid advertising, sponsored links, posting to commercial sites, or spamming.
- Violation of these Terms.
We reserve the right to suspend our referral program at any time. If we remove the links to your referral codes, you may not receive referral credit for new people completing their first purchases with us anymore.
You’re encouraged to share your referral link with friends and family and through social media platforms. However, you must not, without permission, include Evorie trademarks or engage in activity that may be regarded as misleading to Evorie customers.
Other Promotions
We reserve the right to refuse, suspend, or revoke promotional offers at anytime.
Content
(a) Our Content
All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Evorie (“Content”). We either own or have a license to all such Content.
Subject to your compliance with these Terms, Evorie grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(b) User Content
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Services, you hereby grant to Evorie a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and Evorie’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that Evorie is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Evorie as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Evorie on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(c) Evorie-Tagged Media
The Site includes the Evorie page located at www.evoriemoment.com, which extracts content from our users and customers who share photos and videos on Instagram using Evorie’s brand hashtags, including but not limited to #Evorie, #EvorieSg, #EnjoyEvorieMoment #Evoriemoment, #Evorieglobal, #Evoriebaby, #Evoriemother, #Evoriemom, #Evorieparent or tagging the Evorie Instagram account @evoriemoment (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Evorie’s retail locations, showrooms, email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
Use of the Services
We try our best to ensure a great experience for everyone using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, Evorie’s name, any Evorie trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Evorie or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to interfere in any way with the Services or Evorie’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
Feedback
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@evoriemoment.com or by reviewing a particular product on our Facebook page. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Indemnity
You agree to indemnify and hold Evorie (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
Third Party Links
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us at admin@evoriemoment.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and General Terms.
Personal Data
We may collect, use and disclose personal data that you provide to us to supply the Product to you, process your payment for the Product, to send you newsletters if you have registered for our mailing list, and other specified purposes. Please see our Privacy Policy for more information.
Disclaimer of Warranty
All Content, Products, and Services on the Site are provided to you "AS IS" without any warranty of any kind, either express or implied, including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement. We have no liability or responsibility for any errors or omissions in the contents of the Site.
Limitation of Liability
We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the Site/Services, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the site, whether for breach of contract, tortious behavior, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the Site/Services, or any uploading, downloading or publication of data, text images or other material or information to or from the site.
Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the Republic of Singapore without regard to its conflict of laws provisions. You agree to the non-exclusive jurisdiction of the courts in Singapore for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Singapore.
General Terms
Entire Agreement.
These Terms constitute the entire and exclusive understanding and agreement between Evorie and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Evorie and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Evorie’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Evorie may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Waiver
No failure on the part of Evorie to enforce any part of these Terms of Use shall constitute a waiver of any of Evorie's rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Evorie nor the reliance of any person on Evorie's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Evorie shall have any legal effect whatsoever.
Notices
Any notices or other communications provided by Evorie under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Questions for us?
If you have any questions about these Terms or the Services, please Contact Us.
