1. The contract between us
1.1. This Agreement governs your use of https://www.moodmaestro.co.uk and all of the related websites, mobile apps, products and services owned and operated by Moodmaestro Limited (collectively, the "Moodmaestro Platform", “Website” or simply “Moodmaestro”).
1.2. Your continued use of the Website is representation of your agreement and undertaking to comply with the terms of this Agreement. If you do not agree to any terms of this Agreement, you should immediately stop using the Website.
1.3. We display items sold by us and also by a variety of sellers (“Sellers”, “Seller”). In the case of those items sold by Sellers, the contract for the sale of the Products, including any rights of cancellation and return, shall be between you and the Seller rather than between you and us, and we shall have no contractual liability to you in respect of the Products.
1.4. You must be at least the age of majority in the country where you live to use the Website. Use of the Website by anyone under 13 years of age is strictly prohibited!
2. Sale of Products and Services
2.1. Products displayed through the Website are not an offer by us to sell Products, but an invitation to you to make an offer. Order acceptance and completion of the contract only take place when the corresponding seller accepts the order and it is dispatched.
2.2. The prices payable for Products that you order are as set out in the Website. You may be required to pay extra for delivery and it might not be possible for delivery to be made to some locations. The delivery charges are set out in the Website.
2.3. We reserve the right to cancel any order or any part of an order if one or more of the Products you ordered was listed at an incorrect price or with an incorrect description or is not available for dispatch for any reason.
2.4. If your order is cancelled, you will not be entitled to any additional compensation in excess of any monies paid by you in respect of that order.
2.5. Each item in a multi-order transaction is deemed a separate contract between the Seller and you, and is deemed to come into effect when the Seller accepts your order for that item.
3. Acceptable Use
As part of our Acceptable Use Policy, you agree not to use the information, services or any other part of the Moodmaestro Platform to take any action or actions that:
3.1. are contrary to Moodmaestro's public image, goodwill or reputation;
3.2. promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking;
3.3. infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3.4. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
3.5. are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
3.6. restrict or inhibit any other visitor from using the Moodmaestro Platform, including, without limitation, by means of "hacking" or defacing any portion of the Moodmaestro Platform;
3.7. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Moodmaestro Platform;
3.8. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
3.9. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Moodmaestro or its licensors or suppliers;
3.10. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Moodmaestro Platform or in any way reproduce or circumvent the navigational structure or presentation of the Moodmaestro Platform or its contents, authentication and security measures;
3.11. harvest or collect information about any Moodmaestro Platform visitors or members without their express consent; and/or
4. Delivery of goods to you
4.1. The Products ordered by you will be delivered to the address you provide for delivery at the time you make your order.
4.2. You will become the owner of the Products you have ordered when they have been delivered to you. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
4.3. If Products cannot be delivered through no error on the part of us or the Seller (including but is not limited to if no-one is present at the delivery address, delivery address inaccessible etc) then our delivery agents may, entirely at their discretion, attempt to deliver the Products to an alternative address such as a neighbouring address or attempt a second delivery on a future day.
4.4. Where delivery of the Products are refused or where delivery to an alternative address or on an alternative day is deemed not possible by us or the Seller or the agent, the Products will be returned to the Seller and any resulting loss or damage to the Products at this stage are your responsibility and neither we nor the Seller will be liable for any damage to them. Any charge resulting from a return to the Seller will be charged to you.
4.5. Moodmaestro shall have no liability to you for any failure to deliver goods, any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident and any event which is the result of circumstances beyond our reasonable control.
4.6. All delivery times, including those where you are able to choose a specific delivery day or time, are not guarantees of delivery, but are on a best endeavours basis only.
5. Returns and Cancellation by you
5.1. You have the right to return a faulty item bought through Moodmaestro within a reasonable period of time. If the item was damaged in transit or the wrong item was delivered, you should report this within 48 hours of receipt of the item.
5.2. You have the right to cancel a contract for a period of 14 days from the time you gain physical possession of the item without giving any reason. This will be in accordance with the Consumer Contracts Regulations 2013, or any successor of this regulation that comes into effect.
5.3. If you cancel a contract after the item has been dispatched or delivered, you may have to bear the direct cost of returning the goods to the Seller.
6.1. We are providing you the Website, services, information, products, product descriptions, and third-party content on an "as is" and "as available" basis, without warranty of any kind, express or implied. Without limiting the foregoing, expressly disclaims any and all warranties and conditions of accuracy and completeness, uninterrupted or error-free service.
6.2. Moodmaestro makes no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for: (i) content posted by any third-party on any of our platforms, (ii) the product descriptions or products, (iii) third-party sites and any third-party product or service listed on or accessible to you through the site, and (iv) the quality or conduct of any third-party you encounter in connection with your use of the Website.
7. Limit of Liability
7.1. You agree that upto the maximum extent permitted by law, Moodmaestro will not be liable to you under any theory of liability.
7.2. Without limiting the foregoing, you agree that Moodmaestro will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data arising out of and in any way connected with your use of, or inability to use, the Moodmaestro Platform or products.
7.3. Your use of the Moodmaestro Platform, products, information, or services is at your sole risk.
7.4. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable English law or other statutory rights .
8.1. You agree to fully indemnify, defend, and hold Moodmaestro and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your negligent or willful misconduct.
9.1. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Limited c/o 9 Plantagenet Road EN5 5JG Barnet, England, and all notices from us to you will be displayed on our Website from to time.
10. Your Personal Details
10.1. We collect your personal details including but not limited to your name, email address, address, profile picture, gender, telephone number.
10.2. We will handle and use Your Personal Details in accordance with the General Data Protection Regulation that came into effect across the European Union and United Kingdom on 25th May 2018.
11. Your Content
11.1. All materials that you post on the Website, including but not limited to your comments, pictures and reviews, which are not deemed part of Your Personal Details, will be referred to collectively as "Your Content".
11.2. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, modify and publish Your Content or any portion thereof
11.3. By posting Your Content on the Website, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner.
12. Our Content
12.1. We grant you a limited, non-exclusive license to access and use all the content posted on our Website (“Our Content”) for your use, which must be personal and non-commercial.
12.2. Moodmaestro assumes no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Website by anyone.
12.3. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content without our express written permission. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Website.
13. Dispute Resolution
13.1. If you have a claim against Moodmaestro, you agree to attempt to resolve the issue informally first.
13.2. If the attempt to resolve the dispute informally fails, both parties agree to resolve the dispute via arbitration administered by an arbitrator under the Rules of the Chartered Institute of Arbitrators and any such reference shall be a submission to arbitration within the Arbitration Act 1996.
13.3. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
13.4. Both you and Moodmaestro both agree to waive the right to a trial by jury.
13.5. If you decide to bring any claim against Moodmaestro in "small claims" court, you agree to do so only in an individual, non-class, and non-representative basis.
14.1. You may close your account at any time by going to account settings and disabling your account.
14.2. We reserve the right to permanently or temporarily suspend your use the Website at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any part of this Agreement.
15.1. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
15.2. Except for our Sellers, affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement .
16. Governing law
16.1. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction in matters related to this Agreement.