Welcome to Client Portal!

Last Updated: 5 Feb 2025

1. Introduction and Scope

These Moment Client Portal Terms of Service are a legal agreement between  Moment Holdings Limited and its subsidiaries ("Moment", "we" or "us") and you,  the user of the Moment Client Portal service ("you"). By using the Moment Client Portal service, you agree to be bound by these terms and conditions and any new  features or tools that are added to Moment Client Portal will also be subject to  these terms. The Moment entity with whom you are contracting depends on the  Moment entity providing you with services (“Moment Service Provider”) and is  set out under Section 16 below.  

2. Your Use of Moment Checkout

The Moment Client Portal is a portal maintained by Moment that enables you to, amongst other things, view, monitor, and track transactions related to yourconsumption of other Moment services. You will be able to access your Moment Client Portal via a mechanism specified and controlled by Moment. Your Moment Client Portal is specific to you and you will be responsible for ensuring that you are the only person able to access your profile on the Moment Client Portal.

3. Restricted Activities

You must use the MomentClient Portal in a lawful manner, and must obey all laws,  rules, and regulations that apply to your use of the MomentClient Portal. You must  not, and must not allow others to: (i) access or attempt to access non-public  Moment systems, programs, data, or services; (ii) work around any of the  technical limitations of the Moment Client Portal or enable disabled or prohibited  functionality; (iii) reverse engineer or attempt to reverse engineer the Moment Client Portal; (iv) perform or attempt to perform any actions that would interfere with the normal operation of the Moment Client Portal or affect our other users'  use of the Moment Client Portal; or (v) impose an unreasonable or  disproportionately large load on the Moment Client Portal; (vi) share any data  obtained from the Moment Client Portal to any unauthorized individual.

4. Communications

By acknowledging these terms and our Privacy Policy, you consent to us sending  you email communications including but not limited to for primary authentication,  and for transaction reports. 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. However, you acknowledge that should you opt-out of such  communications for primary authentication, you will be unable to access the  Moment Client Portal.

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 requests for secondary authentication. 

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

5. Representations and Warranties

By using the Moment Client Portal, you represent and warrant that you:  

• are at least 18 years old;  

• are authorized to do so; and  

• will not use the Moment Client Portal for any fraudulent, unlawful or abusive  purpose.

6. Disclaimers

The Moment Client Portal, including all content, software, functions, materials,  and information made available on, provided in connection with, or accessible  through the Moment Client Portal, are provided "as is." To the fullest extent  permissible by law, Moment and its aOiliates, and their agents and independent  contractors (the "Disclaiming Entities") make no representation or warranty of any kind whatsoever for the Moment Client Portal, including the services, content,  materials, information and functions made accessible by the Moment Client Portal, or for any breach of security associated with the transmission of sensitive  information through the Moment Client Portal. Each Disclaiming Entity disclaims  without limitation all warranties of any kind with respect to the services, non infringement, merchantability, or fitness for a particular purpose. The Disclaiming  Entities do not warrant that the functions contained in the Moment Client Portal  will be uninterrupted or error free. The Disclaiming Entities will not be responsible  for any service interruptions, including system failures or other interruptions that  may affect the Service.

7. Intellectual Property

Moment reserves all Intellectual Property rights in and to Moment Client Portal,  and these terms do not grant you any rights to Moment’s Intellectual Property  Rights. 

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 future and  any and all applications or rights to apply for the foregoing.

8. Limitations of Liability

In no event will 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 damages for loss of profits, goodwill,  use, data, or other intangible losses which may be incurred in connection with any  Disclaiming Entity or the use of the Moment Client Portal, or any goods, services, or information purchased, received, sold, or paid for by way of the Moment Client Portal, 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 will the Disclaiming Entities' total cumulative liability arising from or relating to these terms or the Moment Client Portal 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).

9. 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 Moment Service  Provider is located, as set out in Section 16 below.

10. Term and Termination

These terms apply to you starting on the date you first access or use the Moment Client Portal and continue until Moment terminates these Terms or Service, or  until you stop using the MomentClient Portal. If after stopping, you start to use the  MomentClient Portal again, you are consenting to these Terms of Service. We may  terminate these Terms of Service at any time for any reason by providing you  notice. We may suspend your access to the Moment Client Portal, or immediately  terminate these terms, if (i) you use the Moment Client Portal in a prohibited  manner or otherwise do not comply with any of the provisions of these terms; or  (ii) any Law requires us to do so, in which case you will no longer be able to access  the Moment Client Portal.

11. Modification of Terms of Service; Notices

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 utilize the Moment  Client Portal after that date, you agree to those revisions or changes. If you do not  agree to those revisions or changes, you must stop using the Moment Client  Portal.

12. 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.

13. Data

By using the Moment Client Portal, you agree to the Moment Privacy Policy, which  is incorporated into and forms part of these terms. Please be aware that your data  may be transferred, processed and stored outside of your country (including, if  you are located in the European Union, outside of the European Union), and that  your data may be subject to disclosure as required by applicable law.

14. Survival

If you stop using Moment Client Portal or if these Terms of Service are terminated  for any reason, Sections 7 to 16 will survive such termination.

15. Miscellaneous

Severability. If any provision of these terms 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 eOect 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 Client Portal. 

Third Party Rights. These terms 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 5 to 16 will survive such termination.