Welcome to Checkout!

Last Updated: 2 May 2024

1. Introduction and Scope

These Moment Checkout User Terms of Service (“Terms”)  are a legal agreement between Moment, its subsidiaries and affiliates (together, “Moment” “we” or “us”) and you, the user of Moment Checkout (as defined below) (“you”). By using Moment Checkout, you agree to be bound by these Terms, and any new features or tools that are added to Moment Checkout will also be subject to these terms. The Moment entity with whom you are contracting depends on where you are accessing Moment Checkout from and is set out under Section 14 below.

2. Your Use of Moment Checkout

Moment Checkout is a product that makes it easier for merchants (“Merchants”) from whom you purchase goods and services to collect payments from customers like you. Moment Checkout allows you to insert and store your payment credentials, such as card details, so that payments made through the Moment Checkout can be executed easily and securely using your favourite payment methods. 

In addition, when using a Merchant’s website which has Moment Checkout enabled, we may collect and store certain personal data about you, such as your name, email address, and/or mobile phone number. We may use cookies to link your web browser to this data so that we can recognize you when you return to the Moment Checkout. 

3. Additional terms Applying to Your Use of Moment Checkout

The following policies and terms also apply to your use of Moment Checkout and are incorporated into these Terms by reference:

• Privacy Policy: You acknowledge the terms of our Privacy Policy which apply to the collection of your personal information and data in using Moment Checkout

• Cookie Policy: You acknowledge the terms of our Cookie Policy, which stipulate the data we may collect from you via cookies. 

4. Moment’s Role

Moment provides the Moment Checkout and underlying payment processing and collection services to its Merchants. Moment does not provide the goods and services that you purchase from Merchants using the Moment Checkout. Any contract of sale made in purchasing those goods and services is between you and the Merchant. You, and not Moment, are responsible for the purchase of those goods and services. The Merchant, and not Moment, is responsible for the goods and services that you purchase from it, including the delivery, quality, advertisement, representations, liability in respect thereof. 

Moment is not responsible for refunds which are subject to the Merchant’s refund policy. In addition, Moment is not responsible for chargebacks or associated fees and Moment will not intervene in any dispute, nor does Moment have any obligation to resolve a dispute between you and the Merchant for any transactions you make using Moment Checkout. We recommend that any dispute between you and the Merchant be lodged at the financial institution or provider associated with your payment method. 

You acknowledge that Moment has and will have no liability whatsoever in respect of the goods and services you purchase from Merchants or the transactions you make in purchasing those goods and services. 

5. Recurring Payments

Moment Checkout enables certain payment methods which may have recurring functionality, such as card payments. By utilising these payment methods for subscription services (including ‘free trials’) you purchase from a Merchant, you provide us with the authority to automatically charge you on the subscription dates you agree to with the Merchant. 

When you utilise a card for subscription or recurring payments, Moment will tokenise that card to ensure that none of your sensitive card data is stored. Please note that this tokenization may be subject to a minimal charge which will be automatically refunded. 

6. Communications

By acknowledging these Terms and our Privacy Policy, you consent to us sending you email communications including but not limited to receipts or notifications for transactions you make with Merchants who have enabled Moment Checkout. You may opt-out of such communications at any time by following the unsubscribe option on such emails, as set out in our Privacy Policy. 

To the extent permissible by applicable law, by providing us with your phone number you consent to us sending you text (SMS) messages or push notifications, including for the purposes of: 

• receipts

• requests for secondary authentication

• marketing or promotional communications, provided that you can elect to unsubscribe from these communications at any time by following the prompts in the applicable text message or notification

Standard message and data rates charged by your mobile network provider may apply to the texts or notifications we send you. 

7. Representations and Warranties

By using Moment Checkout you represent and warrant that:

• you are at least 18 years of age, or are the parent of or legal guardian responsible for the individual using Moment Checkout

•  you will not use Moment Checkout for any fraudulent, unlawful or abusive purpose.

8. Disclaimers

Moment Checkout, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through Moment Checkout, is provided “as is” and without any representation or warranty, whether express or implied. We, our affiliates, and our or their agents, Merchants, or independent contractors (together, the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by Moment Checkout, or for any breach of privacy or security associated with the transmission of data through Moment Checkout. Each Disclaiming Entity disclaims without limitation, any warranty of any kind with respect to the services, their noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the services will be uninterrupted or error free. The Disclaiming Entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.

9. Intellectual Property

Moment reserves all Intellectual Property Rights in and to Moment Checkout, and these Terms do not grant you any rights to Moment’s Intellectual Property Rights or to the Intellectual Property Rights of our partners who may provide the applicable payment methods. 

For the purposes of these terms, “Intellectual Property Rights” include patent, copyright, design, trademark, goodwill rights or any other intellectual property rights, whether registered or unregistered, that exist now or may exist in the future and any and all applications or rights to apply for the foregoing. 

10. Limitations of Liability

In no event shall any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. 

In no event shall the Disclaiming Entities’ total cumulative liability arising from or relating to these Terms exceed $10 USD or the equivalent thereof in the applicable currency. Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of these Terms. 

No Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures and Internet disturbances, epidemic, pandemic, war, invasion, or hostility (whether war is declared or not).

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the jurisdiction in which the service is obtained, as set out in Section 16 below.

12. Modification of Terms 

We may revise these Terms at any time and will use reasonable means to notify you of such revisions, including via our website. Any revised terms will become effective on the date stated thereon, and by continuing to utilise Moment Checkout after that date, you agree to those revisions or changes. If you do not agree to those revisions or changes, you must stop using Moment Checkout.

13. Assignment

You may not assign any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. We may assign our rights or obligations to any third party at any time for any reason without notice or consent. 

14. Miscellaneous

Severability. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties. 

Entire Agreement. These Terms, including the policies mentioned and acknowledged above, constitute the entire agreement between you and Moment with respect to the use of Moment Checkout. 

Third Party Rights. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and Moment, and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms. 

Survival. If you stop using Moment Checkout or if these Terms are terminated for any reason, Sections 7 to 15 will survive such termination. 

15. Checkout Terms Contracting Entities