The following terms and conditions apply to Moast and their agents (“Brand”) who may embed The Moast Service on their website.
1.1 The Moast Service provided by Moast (hereafter “Moast”) connects potential customers (hereafter “USERS”) of a brand (hereafter “BRAND”) with existing customers of that brand (known as “HOSTS”). USERS thus have the opportunity to get feedback from real owners and experience the respective product first hand. Registration for the Moast Service does not include a guarantee that a USER will be matched with a specific HOST or will be able to experience the requested product. The decision as to whether a product experience will be permitted rests solely with the HOST.
1.2 Moast´s services are described in more detail on the Moast website. This information is an integral part of these terms and conditions, alongside all further documents mentioned hereafter.
2.1 HOSTS must register before using the services of Moast in full. Registration is regulated on the BRAND’s website and dashboard, which is an integral part of these terms and conditions.
2.2 Registration is only permitted for natural and legal persons capable of acting. The registration of a legal person may only be carried out by a person authorized to represent, who must be named.
2.3 When registering, only individual persons may be specified as the owner of the user account (i.e. no married couples or families).
2.4 The USER/HOST assures that all data provided by him during registration are true and complete. He may not use pseudonyms or artist names.
2.5 If the HOST’s access data is misused by third parties, the user is liable for his own actions. All emails or other messages coming from his email address or account are considered his own.
3.1 USERS are solely responsible for all of their actions related to the Moast Service. When using Moast as well as for all other actions or omissions related to the Service, the user is obliged to
3.2 USERS shall be liable to the HOST for all caused damage (including loss, destruction, and confiscation) which occurs during their interaction due to the Moast Service, particularly while meeting to experience the product, and that are not subject to reasonable wear and tear of general usage.
3.3 USERS accept personal responsibility for the proper and safe use of the product.
3.4 USERS confirm to have insurance to cover any damages inflicted onto third parties and their belongings (Personal Liability Insurance).
3.5 USERS absolve Moast, the participating BRAND and HOSTS of all liability from all claims arising from the violation of laws, regulations or other provisions in connection with the use of the service. The same applies to third party claims due to accidents.
3.6 In the event of any damage during the product experience, or the occurrence of an accident in which the product provided to the USER by a HOST is involved, the USER undertakes to inform the HOST as well as Moast immediately — if possible directly from the site of the accident. The obligation to immediately inform the HOST and Moast also applies in the event of theft, other destruction (e.g. seizure) or technical or other defects.
4.1 HOSTS agree to share their public profile on the Moast Service and to be contacted by USERS. Such contact and the following correspondence is facilitated through the Moast Service.
4.2 HOSTS are solely responsible for all of their actions related to the Moast Service. When using Moast as well as for all other actions or omissions related to the Service, the HOST is obliged
4.3 HOSTS decide individually whether they want to allow a USER to actually meet and experience the product. There is no obligation to provide such a product experience.
4.4 HOSTS receive monetary compensation for product experiences they provide. The meetup is validated and the compensation is triggered once both the USER and the HOST have confirmed the meetup took place through the Meetup Review Form provided in the meetup confirmation email. The BRAND is responsible and liable for paying HOSTS. Moast takes no liability for the availability and delivery of the respective compensation.
4.5 HOSTS absolve Moast, the participating BRAND and USERS of all liability from all claims arising from the violation of laws, regulations or other provisions in connection with the use of the service. The same applies to third party claims due to accidents.
5.1 The role and responsibility of Moast is to provide a platform for USERS and HOSTS to connect for the purpose of exchanging feedback and meeting for a real product experience on an BRAND website. Registration for the Moast Service does not include a guarantee that a USER will be able to experience the requested product. The decision as to whether a product experience will be permitted rests solely with the HOST. Moast and its BRAND does not accept any liability for the actions and content of USERS and HOSTS with regards to the Moast Service.
5.2 Any liability on the part of Moast for breach of its contractual obligations shall be limited to intent and gross negligence. If Moast is liable for damage caused by slight negligence due to statutory provisions, Moast is liable only to a limited extent: Liability exists only in the event of a breach of material contractual obligations. Moast is not liable for any agreements made between the HOST and USER.
5.3 Insofar as the liability of Moast and their BRAND is excluded or limited, this shall also apply to the personal liability of the legal representatives, vicarious agents and employees of Moast.
6.1 Moast is fully compliant to the applicable data protection regulations.
6.2 USERS hereby agree that Moast may store their personal data submitted during the registration process for the purpose of providing the Moast Service.
6.3.1 HOSTS hereby agree that Moast may store their submitted personal data and product data solely for the purpose of providing and coordinating the Moast Service.
6.3.2 USERS and HOSTS hereby agree that a limited part of the provided personal data (first name, the general vicinity of home address, profile picture) and provided product data will be shared publicly for providing the Experience Service.
6.3.3 USERS and HOSTS are aware that this consent may be revoked at any time by sending an email to [email protected].
6.3.4 Further details on the privacy policy can be found in the data privacy agreement.
6.4 Quebec is the place of jurisdiction for any disputes in connection with the use of the Moast Service.
Should a provision in these General Terms and Conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.