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Terms of Use 1. Acceptance of Terms & Conditions
These Terms & Conditions and notices contained herein govern your use of the MoshenArte service and website. By using, visiting, browsing and becoming a member of the MoshenARTE website(s), you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the MoshenARTE service or website.
These Terms & Conditions are an ongoing contract between you and MoshenARTE and apply to your use of the MoshenArte service and website. These Terms & Conditions affect your rights and you should read them carefully. We also strongly suggest that you check out our F.A.Q for more detailed information.
2. Changes to Terms & Conditions
MoshenARTE reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. This page is the most updated version of these Terms & Conditions which can be viewed by clicking on the links that direct you to the Terms on the MoshenArte website. Your use of the MoshenArte website or continued use of our service after changes are made means that you agree to be bound by such changes.
3. MoshenArte Product Pricing
We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Members should be aware that product prices can and do fluctuate due to market movements and stock availability.
4. MoshenArte Membership Pricing
MoshenArte has the right at anytime to introduce or change current membership fees and or service charges, we will advise of any such change by email.
5. Account Cancellation
You may close your account with MoshenArte at anytime by informing us in writing, joining fees, membership and service charges are non refundable. We reserve the right to terminate or suspend your account at anytime without giving notice to you.
6. Account Access & Identity Protection
You may not share your account with any third party or provide them your password. Should you decide to share your account with any third party then you take full responsibility for their actions and you will be liable for any losses or errors that cause a financial or stock shortfall on your account.
If you find that your account is being accessed without your consent you are a victim of identity theft and you should notify customer service as soon as possible as well as your local law enforcement agency. MoshenArte is not obligated to compensate members/account holders for losses of funds due to your account being used without your specific authorisation.
7. MoshenArte General Processing Information
In pursuant to MoshenArte terms and conditions, MoshenArte has the right to take up to seven business days to process any incoming order. Orders received after 17:00 (GMT +0800) will be processed on the next business day. We will try and dispatch paid orders within 48 hours of receipt of cleared funds into our bank account. We cannot be held responsible for delays in the banking system, once the funds have been sent we will process the order. Refunds will not be given for such delays and once money has been dispatched we will regard the order as confirmed and the sale is final.
Buyers will be responsible for any customs or brokerage fee, VAT, import duties and any similar charges arising from the sales transaction. Upon payment being received by MoshenArte, all sales are final. No refund will be issued. For defective items replacement and repair, please refer to our Limited Warranty Coverage and Return Policy sections.
8. MoshenArte Shipping Policy
MoshenArte liability on shipment ends once the courier service takes custody of the item that is at the point of drop off or hand over to the courier service. If the item is lost from this point onwards, MoshenArte has no responsibility (unless insurance option has been selected). To see what insurance options are available please see our shipping charges page.
9. MoshenArte Limited Warranty Coverage
All our products carry a seven day limited warranty. All branded electronics that MoshenArte sell are original and brand new. Manufacture's warranty is normally 12 months (please check this with your local service centre). The manufacture may refuse to honour the 12 months warranty if the product is imported, this is at the manufacturers discretion.
The limited warranty covers the following faults described below.
DOA (Dead on Arrival) implies that the product either cannot be turned on or be ready in use after taking out of the box. Buyer must report this situation to MoshenArte within 48 hours of receipt. If the item is not tested or examined by the buyer within the first 48 hours after the goods are received, the DOA returned policy would not be valid.
No further exception will be considered about the time issue. The 48 hours period starts from the time recorded as "delivered" in the courier service's tracking system.
MoshenArte will replace or repair a DOA item, In the event that a replacement or repair cannot be made due to product unavailability or any other technical reason, MoshenArte will refund the buyer in full including the original shipping charges. A repair order may take up to 14 business days starting from the day when MoshenArte received the defective unit. MoshenArte has the right to make the final decision on whether a replacement or a repair process should be issued under any circumstances or situation.
Neither network dependent features nor firmware related issues will be covered by our limited warranty repair coverage, regardless if the problem is permanent or not. Please refer to our product compatibility section regarding on the description of network dependent features. MoshenArte has the right to determine whether the issue pointed out by the buyer is a network dependent feature or not. MoshenArte has the right to make the final decision on whether a repair process should be issued under any circumstances or situation.
Under any circumstances, MoshenArte reserves the final rights to approve any DOA replacement or a warranty coverage repair. MoshenArte also has the right to make the final decision on whether the issue pointed out by the buyer is considering a defect or not. In the event that a replacement or repair is not granted to the buyer, MoshenArte will send back the product back to the buyer; In this case it is the duty of the buyer to cover shipping costs.
The repair process by MoshenArte may take up to 14 business days upon item being received from the buyer.
10. MoshenArte Return Policy
All returns must be approved by MoshenArte. a duly completed returns form must be completed by the buyer and emailed to MK Enterprise for approval, Returned items without an approval form from MoshenArte will not be processed. Any shipping and handling expenses on returns without a duly completed approval form will be the responsibility of the buyer.
Upon receiving the return from the buyer, MoshenArte will examine and test for the defect, If MoshenArte cannot reproduce the same fault indicated by the buyer, the return will not be accepted.
All return shipments from MoshenArte will be via ground shipping method or the equivalent subject to be determined by MoshenArte.
In the event of returning the product, buyer is fully responsible for the product's safe return to us. Item must be received within 7 days and by insured post.
The return merchandise should include the RMA number that was issued by the MoshenArte, order number, full name, shipping address, contact phone number, and the reason for return. All accessories and manuals must be included inside the package as it was originally received by the buyer. Return merchandise should be boxed and well packed. Any missing parts, damaged items or inappropriate information will not be accepted. MoshenArte will have the right to dispose of any unidentified return aged over 14 days without notifying the buyer.
No replacement will be issued on those unidentified returns once it has been disposed of. Buyer is responsible for the returns shipping cost. The standard replacement shipping by MoshenArte will be ground shipping / Air Mail or the equivalent subject to be determined MoshenArte.
11. Product Compatibility / Specification / Color Choices
MoshenArte is not responsible for any network dependent features and firmware related issue. Examples on network dependent features are MMS / GPRS / WAP / SMS / Messaging / Voicemail Indicator / Data Transfer / Network Frequency as well as any other device operations that have interaction with their service providers. Buyers are responsible for ensuring the product's compatibility with their network operator / service provider.
MoshenArte has the right to make the final decision on whether a feature is considered network dependent or not. MoshenArte has the right to make the final decision on whether an issue is firmware related or not. Buyer should be aware that network dependent features and firmware issues are not covered by our limited warranty coverage. Please refer to our limited warranty coverage section for details.
Buyers should also be aware that the some products might not be primarily intended for use in your country or region. Therefore, the language specification on the device and manual might or might not fully support the language of your choice. In the event that an English manual is not available in the particular version that we shipped out, MoshenArte does not have any obligation to provide a copy of an English manual to the buyer. However, we do try our best to provide a printed English manual in most cases or send English manuals via email.
Since the products that MoshenArte sell might not be primarily intended for your country or region, the product configuration and the related accessories might not be suitable or compatible in your country or region. MoshenArte will not be responsible for any incompatibility of the product and its accessories in your region or country.
Language version, firmware version and colour are shipped on a random basis unless prior arrangement is made by the buyer. Once item is shipped, no exchange will be granted on language version, firmware version and colour choice. It is the buyer's responsibility to ensure that they select the correct model, colour, firmware on time of order. For mobile phone purchases, the keypad will support both alphabetic and numeric characters. However, some versions or models possess additional language characters. These could be in Chinese, Arabic, or some other languages.
12. MoshenArte Liability
MoshenArte will not be liable for any personal injury, physical injury, and damage caused by the products that we sell.
For safety handling and operation on the product, please consult the instruction manual that comes with the product or contact the manufacturer directly. Any product recalls by the manufacturer will not be handled through MoshenArte.
Buyers should contact the manufacturer directly for any related questions or enquiries.
MoshenArte has no obligation to provide technical support on products we sell, however we will try our best to answer all technical questions to the best of our knowledge. Please contact the manufacturer or your service provider directly for technical and product assistance or email
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13. MoshenArte Shipping Insurance Coverage
Shipping insurance is a guarantee that the shipment will be compensated in case of lost in transit or damaged on arrival up to the declared value of the shipment only. You are not covered for any other risks including third party losses, loss of trade or re-directed packages. (You are reminded that your tracking number should not be given to your customer as they could re-direct the package.)
Shipments without shipping insurance will only be covered for up to the declared value. Shipments declared at over US$100.00 will be automatically insured to $100.00 US Dollars. Maximum.
With this shipping insurance option, we will either replace or refund to your drop ship account when lost in transit or damaged on arrival.
For each shipment with a total package value over US$100, you may purchase an additional coverage against loss or damage at US$0.64 for each additional US$100 in package value or fraction thereof.
International air shipments may also be governed by the Warsaw Convention, including its liability limitations. For each shipment with a total package value over US$100, you may purchase an additional coverage against loss or damage at US$0.64 for each additional US$100 in package value or fraction thereof.
International air shipments may also be governed by the Warsaw Convention, including its liability limitations.
The shipping insurance will be calculated and charged for the Total Declared Value of Package, not the item transaction value between you and MoshenArte. Web Hosting Terms of Service
By using our products, services and sites you agree to the following terms, conditions, policies, guidelines or amendments thereto known as the Terms of Service. MoshenARTE reserves the right to modify the Terms of Service without notice.
1. Use of MoshenARTE Products and Services
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsbile for all content on your account. You agree to immediately notify MoshenARTE of any unauthorized use of your account or any other breach of security. MoshenARTE will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure. 2. Acceptable Conduct You agree that you are responsible for maintaining you own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (‘Content’) are the sole responsibility of the account from which such Content originated. MoshenARTE reserves the right, but does not assume the responsibility, to monitor or review any Content on MoshenARTE services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using MoshenARTE services and for any consequences thereof. You agree to use MoshenARTE services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Slicehost services or servers or networks connected to MoshenARTE services. 3. Prohibited Usage You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that MoshenARTE will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Misuse of system resources, including but not limited to employing programs that consume excessive CPU time (outside of reserved CPU slice), network capacity, disk IO or storage space.
Unsolicited Communications: Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to a MoshenARTE server.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of MoshenARTE or the customer.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers. 4. Account Cancellation or Suspension MoshenARTE may cancel or suspend your access to MoshenARTE services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. 5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOSHENARTE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE MOSHENARTE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO MOSHENARTE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOSHENARTE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES GREATER THAN THE SUM OF THREE MONTHS TOTAL SERVICES. 6. Exclusions and Limitations Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. 7. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service. 8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF MOSHENARTE SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY MOSHENARTE ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTESS APPLIED. 9. Indemnity
You agree to defend, indemnify and hold harmless MoshenARTE Pty Ltd, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the MoshenARTE services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the MoshenARTE services. 10. NOTICE
You agree that MoshenARTE may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on MoshenARTE services. 12. GENERAL INFORMATION
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and MoshenARTE and govern your use of MoshenARTE services, superceding any prior agreements between you and MoshenARTE for the use of MoshenARTE services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MoshenARTE services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and MoshenARTE shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and MoshenARTE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. Louis, Missouri.
Waiver and Severability of Terms. The failure of MoshenARTE to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MoshenARTE services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. 13. FREE DOMAIN (1 YEAR REGISTRATION)
For, members of the Lifetime 2008 promotion, MoshenARTE will register a domain name of your choice for one year, MoshenARTE will handle the management which includes name server assignments and basic DNS management. If, the domain name is set to expire there will be a charge of $10 USD for a one year renewal, otherwise, the domain will be left to expire and MoshenARTE will stop the management of the domain. If, the domain name is left to expire MoshenARTE will not be held responsible for the deletion and/or the outside acquirement of the domain name. 14. LIFETIME WEB HOSTING
For, members of the Lifetime 2008 promotion, MoshenARTE will provide lifetime web hosting which includes: 10 gigabytes of storage, 10 gigabytes of bandwidth monthly, 1 MySQL database, FTP Access and using Google Apps as the email service. Exceeding limits will incur additional fees or suspension of account. 15. LIFETIME MEMBERSHIP REFUND POLICY
In the event that you are dissatisfied with your Lifetime Membership and require a refund of your subscription, only a partial refund of $35 USD will be awarded to account for some of the costs involved securing an allocation for anticipated hosting, domain name and any associated materials used. If you require your domain name to be managed by us after the conclusion of your subscription, a fee of $10 USD per year will be charged for this service. Your active domain name and hosted data will otherwise be transferred to an appropriate management service of your choice, of which the costs involved will be covered by you.
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