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1. Introduction

1.1. Our Purpose

1.2. Legal Agreement

1.3. User Account

2. Your Obligations

2.1. You represent and warrant that:

2.2. You undertake and agree to:

2.3. You agree and undertake not to:

3. Content and Ownership

3.1. Your Intellectual Property

3.2. Moonroq Soul’s Intellectual Property

3.3. Feedback, Surveys and Suggestions

4. Privacy

5. Service Fees

5.1. Paid Services

5.2. Invoices

5.3. Subscription Auto-Renewals

5.4. Money-Back Guarantee

5.5. Chargebacks

6. Cancellation

6.1. Cancellation by User

6.2. Cancellation by Moonroq Soul

6.3. Loss of Data, Content and Capacity

7. E-Commerce

8. Third Party Services

9. Misconduct and Copyrights

9.1. Misconduct and Abuse

9.2. Copyrights

10. Disclaimer of Warranties

11. Limitation of Liability

12. Indemnity

13. General

13.1. Changes & Updates

13.2. Governing Law & Jurisdiction; Class Action Waiver

13.3. Notices

13.4. Relationship

13.5. Entire Agreement

13.6. Assignment

13.7. Severability & Waivers

13.8. Interpretation

14. Contact Us

15. SERVICE SPECIFIC TERMS AND CONDITIONS FOR LETTER WRITING, DIGITAL CONNECTION &  GUIDELINE PHONE SERVICES



 

1. Introduction

 

1.1. Our Purpose

 

We got sick of McMindfulness and ‘meditation apps’ that aim to keep you subscribing rather than train you not to need an app to meditate, which in our opinion should be the ultimate aim of any mindfulness / meditation company. We got worried at companies possibly patenting human ‘brain wave’ patterns, biased computer algorithms, and the under-reporting, and occasional intentional white washing of contributions by the BAME community to society in technology (shout out “AJL’ founders for their input into facial recognition bias); but worst the future they are building with commercial interests securely at the top of the food chain, rather than the mental health of the population.  So we decided to do something about it by finding like-minded people, and self-funding the crazy, wild and innovative services our communities wanted to combat all the above, in our way, by asking our communities  what they need, and then delivering on it. 

 

We’re suggesting a better way of doing business. One that is transparent, accountable, scalable but agile enough to adapt to local problems. One that harnesses our natural human need for connection, giving and kindness and the associated health benefits, that are well documented by studies involving leading Universities the world over, and combining them with holistic practices for mind and body, thereby delivering a key component of any complete mindfulness practice; compassion and altruistic giving. This enables you to harness the full mental and physical benefits of these ancient practices as they were intended to better your mind, body and soul. Learn more. 

 

Our services offer our users the ability to easily access, pay and book unique events, programmes, volunteering-opportunities, ‘live’ classes, research studies, information, courses, purchase apps, community services and other products or services, that give back to their local communities or environment with the aim of improving the mental wellbeing of those ‘giving’, as well as, provide ‘meaningful’ help for those that need it. 

 

As detailed below, we offer our users numerous tools and features for taking their mental health wellbeing into their own hands through our website, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile online and mobile applications, digital engagement tools and services. The online and mobile websites, members area pages and platforms created by Users are collectively referred to herein as (“User Platform(s)”). 

 

1.2. Legal Agreement

 

These www.Moonroqsoul.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the www.Moonroqsoul.com website(s) (“Moonroq Soul Website”, and collectively – the “Moonroq Soul Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Moonroq Soul Website, the Moonroq Soul mobile application (the “Moonroq Soul App” or any other proprietary  digital engagement tool on our website) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Moonroq soul Website or the Moonroq soul App, collectively – the “Moonroq soul Services” or “Services”).

 

The Moonroq soul Terms constitute a binding and enforceable legal contract between Moonroq Soul Community Interest Company, and its affiliated companies and subsidiaries worldwide ( “us” or “we”) and you in relation to the use of any Moonroq Soul Services - so please read them carefully.

 

You may visit and/or use the Moonroq Soul Services and/or the Moonroq Soul App only if you fully agree to the Moonroq Soul Terms - and by using and/or registering to any of the Moonroq Soul Services, you signify and affirm your informed consent to these Terms of Use and any other Moonroq Soul Terms applicable to your use of any Moonroq Soul Services, including our privacy policy. If you do not read, fully understand and agree to the Moonroq Soul Terms, you must immediately leave the Moonroq Soul Website and avoid or discontinue all use of the Moonroq Soul Services. 

By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.moonroqsoul.com/privacy-policy (“Privacy Policy”).

 

1.3. User Account

In order to access and use certain sections and features of the Moonroq Soul website, you must first register and create an account with Moonroq Soul (“User Account”).

 

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Moonroq Soul Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

 

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorised by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your User Account and using the Moonroq Soul Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

  1. Moonroq Soul will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Moonroq Soul Service, as the person or entity who has access to the e-mail address then listed in Moonroq Soul’s records for such User Account under which such User Platform or User Content was created.

 

  1. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Moonroq Soul will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). 

 

  1. Notwithstanding the forgoing, Moonroq Soul shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Moonroq Soul deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Moonroq Soul.  



 

2. Your Obligations

 

2.1. You represent and warrant that:

 

  1. You are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Moonroq Soul Terms and to form a binding agreement, for yourself or on behalf of the person (if under 18) or entity committed by you to the Moonroq Soul Terms;

 

  1. you are not a resident of (or will use the Moonroq Soul Services in) a country that is embargoed for use of the Moonroq Soul Services, nor are you named in the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

 

  1. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

 

  1. you understand that Moonroq Soul nor any of its services does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

    And specifically regarding your User Content:

     

  2. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Moonroq Soul Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating text, images, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

 

  1. you have (and will maintain) the full power, title, licenses, consents and authority to allow Moonroq Soul to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

 

  1. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Moonroq Soul and/or your End Users to access, import, copy, upload, use or possess in connection with the Moonroq Soul Services;

 

  1. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

 

2.2. You undertake and agree to:
  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Moonroq Soul Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

  2. be solely responsible and liable with respect to any of the uses of the Moonroq Soul Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Moonroq Soul Services);

  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

  4. receive from time to time promotional messages and materials from Moonroq Soul or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just unsubscribe where the option is available or alternatively notify us at any time by email to Privacy @ moonroqsoul . com;

  5. Allow Moonroq Soul to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Moonroq Soul’s marketing and promotional or mindfulness activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Moonroq Soul or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

  6. Moonroq Soul’s sole discretion as to the means, manner, and method for performing the Moonroq Soul Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

  7. ​Moonroq Soul shall have the right to offer the Moonroq Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the Moonroq Soul Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

 

2.3. You agree and undertake not to:

 

  1. Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Moonroq Soul Website, the Moonroq Soul Services (or any part thereof), any Content offered by Moonroq Soul or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Moonroq Soul’s prior written and specific consent and/or as expressly permitted under the Moonroq Soul Terms;

  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Moonroq Soul or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

  5. upload, insert, collect or otherwise make available  within the Moonroq Soul Website or the Moonroq Soul Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

  6. publish and/or make any use of the Moonroq Soul Services or Licensed Content on any website, media, network or system other than those provided by Moonroq Soul, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Moonroq Soul Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Moonroq Soul, in advance and in writing;

  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Moonroq Soul Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Moonroq Soul Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Moonroq Soul Services;

  8. act in a manner which might be perceived as damaging to Moonroq Soul’s reputation and goodwill or which may bring Moonroq Soul into disrepute or harm;

  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Moonroq or Moonroq Souls Marks and/or variations and misspellings thereof;

  10. impersonate any person or entity or provide false information on the Moonroq Soul Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Moonroq Soul and/or any End Users;

  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Moonroq Soul or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

  12. reverse look-up, trace, or seek to trace another User of Moonroq Soul Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Moonroq Soul Services and/or User Platform without their express and informed consent;

  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Moonroq Soul Services, User Platform, the account of another User(s), or any other systems or networks connected to the Moonroq Soul Services, by hacking, password mining, or other illegitimate or prohibited means;

  14. probe, scan, or test the vulnerability of the Moonroq Soul Services or any network connected to the Moonroq Soul Services;

  15. upload to the Moonroq Soul Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Moonroq Soul Services or Moonroq Soul’s systems or networks connected to the Moonroq Soul Services, or otherwise interfere with or disrupt the operation of any of the Moonroq soul Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  17. use any of the Moonroq Soul Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  18. access to Moonroq Soul Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

  19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Moonroq Soul Services, except as expressly permitted by the Moonroq Soul Terms;

  20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Moonroq Soul Services and/or Licensed Content; or

  21. violate, attempt to violate, or otherwise fail to comply with any of the Moonroq Soul Terms or any laws or requirements applicable to your use of the Moonroq Soul Services.

  22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services, and may result in further criminal prosecution or civil litigation, as appropriate. 

 

3. Content and Ownership

 

3.1. Your Intellectual Property

 

As between Moonroq Soul and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works, notwithstanding that they contain intellectual property belonging or licensed to Moonroq Soul, or that they were created for the benefit of Moonroq Soul by you in the capacity of a volunteer, contractor or employee, in which case Moonroq Soul Community Interest Company Ltd will own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.


 

3.2. Moonroq Soul’s Intellectual Property

 

All rights, title and interest in and to the Moonroq Soul Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Moonroq Soul Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Moonroq Soul CIC Ltd and Moonroq Mind Ltd. 

 

Subject to your full compliance with the Moonroq Soul’s terms and timely payment of all applicable Fees, Moonroq Soul hereby grants you, upon creating your User Account and for as long as Moonroq Soul wishes to provide you with the Moonroq Soul Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Moonroq Soul Services and Licensed Content, for the purpose of generating and displaying your user Platform / content to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Moonroq Soul Terms and solely within the Moonroq Soul Services offering.

 

The Moonroq Soul Terms do not convey any right or interest in or to Moonroq Soul’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Moonroq Soul Terms constitutes an assignment or waiver of Moonroq Soul’s Intellectual Property rights under any law.

In addition to the above, certain services or products made available to you within the Moonroq Soul Services, are licensed to Moonroq Soul by a third party provider, and are therefore subject to additional license terms of such provider. For further service-specific information please contact us at Contact @ moonroqsoul . com

 

3.3. Feedback, Surveys and Suggestions

 

If you provide us with any suggestions, survey answers, comments or other feedback relating to the Moonroq Soul Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Moonroq Soul. By providing such Feedback to Moonroq Soul, you acknowledge and agree that it may be used by Moonroq Soul in order to: (i) further develop, customise and improve of the Moonroq Soul Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalised Moonroq Soul -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Moonroq Soul may use to provide and improve its services, (vi) to enhance Moonroq Soul data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Moonroq Soul CIC Ltd any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback. You can send feedback to us by email at contact @ moonroqsoul . com 

 

4. Privacy

 

Certain parts of the Moonroq Soul Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Moonroq Soul Services, Moonroq Soul and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Moonroq Soul Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

 

5. Service Fees

 

5.1. Paid Services

The use of certain Moonroq Soul Services may be subject to payment of particular fees, as determined by Moonroq Soul in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Moonroq Soul will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

Moonroq Soul reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Moonroq Soul shall have the right to automatically and without notice apply a charge to such Moonroq Soul Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in pound sterling, except as specifically stated otherwise in writing by Moonroq Soul. To the extent permitted by law (and unless specified otherwise by Moonroq Soul in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Moonroq Soul Services, or to any payments or purchases made by you. If Moonroq Soul is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Moonroq Soul is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorise Moonroq Soul (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Moonroq Soul or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

 

You can keep a credit card stored with Moonroq Soul to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your My wallet membership Page.

 

5.2. Invoices

Moonroq Soul and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Moonroq Soul (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 


 

5.3. Subscription Auto-Renewals

 

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off  the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Moonroq Soul will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Moonroq Soul will endeavor to provide you with notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.  

You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by contacting us at Contact@moonroqsoul.com 

 

Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Moonroq Soul Services you use (whether or not such Moonroq Soul Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Moonroq Soul Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Moonroq Soul Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Moonroq Soul in relation to the discontinuation of any Moonroq Soul Services or Third Party Services, for whatever reason.

 

5.4. Money-Back Guarantee

 

If you are not satisfied with Moonroq Soul Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Moonroq Soul Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Moonroq Soul services. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Moonroq Soul Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Moonroq Soul receives such notice within such Refund Period, Moonroq Soul will refund to you the amount Moonroq Soul charged you for such Moonroq Soul Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees, and also the buyer will be responsible for the cost of return shipping.  Moonroq Soul will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Moonroq Soul Services actually received, as permitted by law.

 

Please note: Certain services or products purchased on or through the Moonroq Soul Services may be non-refundable. These may  include but are not limited to Third Party and ‘live’ Services such as reiki sessions, mindfulness classes, self-love events, ‘good-will’ volunteering opportunities, Letter writer, Advice line or Digital connection service (once work has commenced), business tools and applications. The terms of each purchased service or application are indicated on the Moonroq Soul Website and/or as part of or during the process of purchasing such services or applications, and those terms apply jointly and severally with these general terms of use as part of that service. It is your obligation to verify your ability to cancel a service prior to purchasing it. Moonroq Soul will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services. 

 

5.5. Chargebacks

 

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Moonroq Soul account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Moonroq Soul Services may be automatically disabled or terminated, and outstanding monies pursued. 

 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). 

 

Your use of the Moonroq Soul Services will not resume until you re-subscribe for any such Moonroq Soul Services, and pay any applicable Fees in full, including any fees and expenses incurred by Moonroq Soul and/or any Third Party Services for each Chargeback received (including Fees for Moonroq Soul Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made to Moonroq Soul, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Moonroq Soul Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Moonroq Soul Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorise the transaction and make use of the services rendered thereafter. 

 

6. Cancellation

 

6.1. Cancellation by User

 

You may discontinue use and request to cancel your User Account and/or any Moonroq Soul Services at any time, in accordance with the instructions available on the specific Moonroq Soul Services you subscribed to. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Moonroq Soul Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period, notwithstanding that services particular terms and conditions.

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

For more information about cancelling your Paid Services, please contact us at Contact @ moonroqsoul . com or call on 0203 855 6096. 


 

6.2. Cancellation by Moonroq Soul 

 

Failure to comply with any of the Moonroq Soul Terms and/or to pay any due Fee shall entitle Moonroq Soul to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Moonroq Soul Services (e.g., Paid Services) or Third Party Services to you. 

 

6.3. Loss of Data, Content and Capacity

If your User Account or any Moonroq Soul Services or Third Party Services related to your User Account are cancelled (whether at your request or at Moonroq Soul’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Moonroq Soul shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Moonroq Soul Services following their cancellation, as determined by Moonroq Soul in its sole discretion.

 

7. E-Commerce 

The Moonroq Soul Services also include certain features which enable you or Moonroq Soul to sell goods, content, media and services through our website (User Platform, “User Products”, merch sales and collectively – “E-Commerce”).

 

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to showcase your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

When someone purchases your User Products, turn-off auto-renewals will be processed through Moonroq Soul Payments or through a third-party payment service provider (“Payment Provider(s)”).

Depending on your location, upon purchasing a User platform (as offered on the Moonroq Soul Website), Moonroq Soul may automatically connect a Moonroq Soul Payments account on your name to allow you to accept payments from your customers. Any payout from such account is subject to your completion of the Moonroq Soul’s Payments registration process. Such Moonroq Soul Payments account shall be governed by the Moonroq Soul Partner Programme Terms of Use, which are hereby incorporated by reference. Please read these terms of use for your services or products for publishing by us on our website and accepting payments. Any account connected to other Payment Providers shall be governed by such Payment Provider’s terms of service. We are neither a party to nor are responsible in any way for your relationship with any such Payment Providers, or for the actions of any of these Payment Providers. You acknowledge and agree that Moonroq Soul payments (if available in your country) will be your default payment provider for your E-commerce activities on www.Moonroqsoul.com.

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

 

  1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law; 

 

  1. Any Taxes indicated by the E-Commerce features provided to you by Moonroq Soul are solely provided for illustration purposes only, and may not be relied on in any way;

 

  1. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;

 

  1. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and

 

  1. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

 

  1. Moonroq Soul may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.


 

8. Third Party Services

 

Moonroq Soul Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, our Website, third party applications and widgets offered via the Moonroq Soul Website (including the Moonroq App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
 
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Moonroq Soul Services, offered separately by Moonroq Soul or persons certified or authorised by Moonroq Soul, or otherwise offered anywhere on the Moonroq Soul Services), Moonroq Soul merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Moonroq Soul will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services.
You acknowledge that such services may require the payment of additional amounts to Moonroq Soul and/or to the providers of such Third-Party Services.
1.Introduction
2.Your obligations
3. Content and Ownership
4. Privacy
5.Service Fees
6.Cancellation
7. E-Commerce
8.Third Party Services
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
 
While we hope to avoid such instances, Moonroq Soul may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Moonroq Soul Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

 

9. Misconduct and Copyrights

 

9.1. Misconduct and Abuse

 

When using the Moonroq Soul Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Moonroq Soul with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Moonroq Soul Services, please immediately report such User and/or Third Party Service to us at Contact @ moonroqsoul . com. You agree that your report shall not impose any responsibility or liability upon Moonroq Soul, and that Moonroq Soul may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

 

9.2. Copyrights

Moonroq Soul acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorised to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Moonroq Soul to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the owner of a copyright that is allegedly infringed.

 

Moonroq Soul’s Copyright Agent can be reached at the following address:

Attn: Legal Team

Moonroq Soul  

63 - 66 Hatton Garden, 

Fifth Floor, 

Suite 23,

 London, 

England, 

EC1N 8LE

E-mail: Contact @ moonroqsoul . com 

 

In the event that Moonroq Soul receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Moonroq Soul’s sole reasonable discretion. Moonroq Soul reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

 

10. Disclaimer of  Warranties

 

We provide the Moonroq Soul Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Moonroq Soul Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Moonroq Soul Services – so please be sure to verify those before using or otherwise engaging them.

 

Moonroq Soul may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Moonroq Soul be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Moonroq Soul Services and/or Moonroq Soul social media channels, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Moonroq Soul shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the Moonroq Soul Services and/or connecting and/or dealing with any Third Party Services through or in connection with Moonroq Soul Services, and that Moonroq Soul cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

Moonroq Soul does not recommend the use of the Moonroq Soul Services for hosting, distributing or sharing of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

Please note that certain Moonroq Soul Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Moonroq Soul Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Moonroq Soul Services at this BETA stage signifies your agreement to participate in such Moonroq Soul Services’ BETA testing.

 

11. Limitation of Liability

 

To the fullest extent permitted by law in each applicable jurisdiction, Moonroq Soul, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Moonroq Soul Services; (3) any unauthorised access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Moonroq Soul Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Moonroq Soul Services; (6) events beyond the reasonable control of Moonroq Soul, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Moonroq Soul Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Moonroq Soul’s services to you, and such limitations will apply even if Moonroq Soul has been advised of the possibility of such liabilities.


 

12. Indemnity

 

You agree to defend, indemnify and hold harmless, its officers, directors, shareholders, employees, volunteers, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including legal fees) arising from: (1) your violation of any term of these Terms of Use or any other Moonroq Soul Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Moonroq Soul Services, including, without limitation, Moonroq Soul Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

 

13. General

 

13.1. Changes & Updates

 

Moonroq Soul reserves the right to change, suspend or terminate any of the Moonroq Soul Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Moonroq Soul Services (including removal of any materials created by you in connection with the Moonroq Soul Services) for any reason and/or change any of the Moonroq Soul Terms with or without prior notice - at any time and in any manner.

 

You agree that Moonroq Soul will not be liable to you or to any third party for any modification, suspension or discontinuance of those Moonroq Soul Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Moonroq Soul Services without enabling such changes, or provide you with alternative Services.

 

13.2. Governing Law & Jurisdiction; Class Action Waiver

 

The Moonroq Soul Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Moonroq Soul Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Moonroq Soul Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the United Kingdom. 

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in London, U.K. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and Moonroq Soul shall only be resolved on an individual basis and you shall not have the right to bring any claim against Moonroq Soul as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   

Notwithstanding anything to the contrary in this Section 13.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Moonroq Soul will be the U.K, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the U.K.

 

13.3. Notices

 

We may provide you with notices in any of the following methods: (1) via the Moonroq Soul Services, including by a banner or pop-up within the Moonroq Soul Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Moonroq Soul’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

 

13.4. Relationship

 

The Moonroq Soul Terms, and your use of the Moonroq Soul Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Moonroq Soul and you.

 

13.5. Entire Agreement

These Terms of Use, together with the Moonroq Soul Terms and any other legal or fee notices provided to you by Moonroq Soul such as service / product specific terms, shall constitute the entire agreement between you and Moonroq Soul concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Moonroq Soul and you, including those made by or between any of our respective representatives, with respect to any of the Moonroq Soul Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Moonroq Soul in entering into any of the Moonroq Soul Terms.

 

13.6. Assignment

 

Moonroq Soul may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Moonroq Soul Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Moonroq Soul. Any attempted or actual assignment thereof without Moonroq Soul’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either Moonroq Soul or you the right to cancel any Moonroq Soul Services or Third Party Services then in effect.

 

13.7. Severability & Waivers

 

If any provision of the Moonroq Soul Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Moonroq Soul Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

13.8. Interpretation

 

Any heading, caption or section title contained herein, and any explanation or summary, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

 

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.


 

14. Contact Us

 

If you’ve managed to read through the terms and got this far, you are exactly the person we need. If you think these terms can be improved or made clearer please do reach out and let us know at contact @ moonroqsoul. com.  

 

If you have any questions about our general terms or wish to exercise any of your rights as described above, please contact us at Contact @ moonroqsoul .com. We will attempt to resolve any enquiries and complaints in accordance with our terms of use.

You may also contact us by mail by writing to: Moonroq Soul, 63 - 66 Hatton Garden, 5th Flr, Suite 23, London, England, EC1N 8LE.



SERVICE SPECIFIC TERMS AND CONDITIONS FOR LETTER WRITING, DIGITAL CONNECTION &  GUIDELINE PHONE SERVICES

 

General

About us

Our Fees 

Our Obligations:

Your Obligations:

Complaints:

Intellectual property rights

Reliance on letters, forms and advice

Updates & changes

Our liability

Information about you and your visits to our site

Submitting supporting documents & acceptable use

Review, Re-drafts & Refunds

Linking to us

Links from our site

Jurisdiction and applicable law

Variations

Our service

Commercial Restrictions and others:

Forfeiture:

Reviewing our service:

Miscellaneous:

Entire Agreement


 

General 

By entering our domains: www.moonroqsoul.co.uk, www.moonroqsoul.org, www.moonroqsoul.com and  www.moonroq.com or any other domain owned by Moonroq Soul CIC Ltd or Moonroq Mind Ltd or their representative to purchase the Letter writing service, Guideline phone service (our telephone advice service), or Digital connection service you hereby mutually agree to  the following terms and conditions. Please note these terms may be updated from time to  time without notice and updated versions will be available on our website. 

 
About us 

www.moonroqsoul.co.uk, www.moonroqsoul.org, and www.moonroqsoul.com are  sites, which are operated by Moonroq Soul CIC Limited, which trades as Letter writing service, Guideline phone service and Digital Connection Service ("We"). Company registration number: 12970996. We are registered at 63 - 66 HATTON GARDEN,  FIFTH FLOOR, SUITE 23, LONDON, EC1N 8LE. Our trading address may vary in its location from time to time.  

We are a business for good and a registered U.K Social Enterprise with 100% of all profits being re-invested  into our social purpose of improving mental health for everyone, everywhere through self-love, mindfulness and goodwill.  

Moonroq Soul as part of its ‘goodwill’ function carries out non-regulated activities such as assisting  individuals, who as a result of computer illiteracy, language barriers or any other reason need support in  writing letters, completing forms, accessing welfare benefits and online or floating support  services. General helpful advice over the telephone is also provided with a focus on preventing  homelessness, through resolving landlord and tenant disputes, income maximisation through accessing  welfare benefits, general information regarding consumer rights, signposting to relevant support providers in their local area, accessing mediation services and social housing.  

Please be informed that similar advisory and assistance services may also be available for free from  organisations such as Shelter (https://www.shelter.org.uk/) or CAB (https://www.citizensadvice.org.uk/),  as well as, the Housing Department of your Local authority, and you are strongly encouraged to contact  these organisations in the first instance for free independent advice and assistance.  

Where regulated services are required, referrals of regulated activities will be made to a Law Firm, which shall be regulated by the Law Society. (In such instances your retainer shall be solely with the Law Firm to  which your matter has been forwarded). Moonroq Soul is not a Law Firm, its individuals do not practise as  Solicitors, although they may have qualified as Solicitors, Barristers, Paralegals, Legal Executives, as such  we are not regulated by the Solicitors Regulation Authority – we cannot and do not provide Litigation  services ourselves, neither do we provide you with Legal Advice on your matters. We provide general  helpful advice and signposting services through our advice line; and assist you in drafting letters and  completing forms at your own risk. 

 
Our Fees 

AT PRESENT WE ARE NOT CHARGING FOR ANY OF OUR SERVICES DURING THE PANDEMIC, BUT IT IS SOMETHING WE INTEND TO DO IN THE FUTURE  FOR SUSTAINABILITY AND OUR FEES ARE NOTED BELOW. WE ARE CURRENTLY EXPLORING ALTERNATIVE FUNDING AVENUES TO KEEP THE SERVICE 100% FREE, AND YOU CAN FOLLOW OUR PROGRESS ON THE WEBSITE HERE.  

As we deal with vulnerable client groups our charges are transparently displayed both within our terms, on our website and at point of sale, and they are further capped at the following rates:  

• Our advice line is charged at £1.00 per minute with calls capped at a maximum charge of £10,  with a maximum single call duration of 15 minutes.  

• Our letter writing and form filling service charge depends on the complexity of the letter or form  that is required, but is capped at a maximum charge of £50 per letter, form or application.  

• If Clients would like letter templates and forms sent by way of post rather than electronically there  is a £5.00 charge to cover postage and administration charges. 

• Where a legal document or letter is required referrals of regulated activities will be made to a Law  Firm, which shall be regulated by the Law Society at a cost of £49.99 per page. (In such instances  your retainer shall be solely with the Law Firm to which your matter has been forwarded).  

• Where you miss an appointment to submit supporting documents in-person, there is an  administration charge of £25 to cover the cost of room hire.  

• There is a charge of £5 to cover administration costs when submitting supporting documents by  way of post.  

• Photocopies required are charged at 5p per page. Certified copies are charged at £12 per certified  copy.  

• If you switch service from our fixed price letter writing and form filling service to requiring a legal  document from our partner Law Firm, and work had already commenced on your form or letter,  there is an administration fee which may not exceed £30.00 depending on the complexity of the  matter to be established at the sole discretion of Moonroq Soul. 

Clients agree that the use of any of the services is at their own risk and services are explicitly provided on  an “as is” and “as available” basis. By making purchases of our services, you agree that the material will  only be use to satisfy personal needs, not for commercial use. Moonroq Soul retains the sole rights to  make any changes to the terms and conditions without notice. Re-drafts of letters or forms provided as  part of Letter writing service is at the sole discretion of Moonroq Soul.  

 

 
Our Obligations: 

• Provide you with full costs in respect of your letter or form at the outset. 

• To answer any reasonable queries you may have within a reasonable time period.

 

 • To update you on progress in your letter or form through your preferred contact method.  

 

• To provide a quality service to you which is carried out with reasonable care and skill 

 

• To provide a copy of your final service or document electronically. 

 
Your Obligations: 

• To communicate any information to us that may be required in a timely fashion and within 21 days  of the information being requested.  

• To pay in full the cost of your service including any tax due at the rate in force at the time, as well  as disbursement costs before the end of your service.  

• To ensure that you provide us with accurate information 

• Not to pass on the use of your services to any other person or company without our express  agreement in writing. 

• Not to sell or resell, provide any third party any of our documents or services unless it is with our  express written consent, please see commercial limitations below. 

 
Complaints: 

We take complaints very seriously and endeavour to provide the highest quality of service to our clients, as  such if you have a grievance with any part of your service please go through our internal complaints  procedure. We will also provide you information on the outcome of your complaint. For any grievances please email: Complaint@ moonroqsoul .com from the email you used to purchase our service and you will be sent a form to complete to start our formal grievance procedure. 

 
Accessing our site 

You (the user) may access our site whether as a guest or as a registered user (client) from any location in  the world, however only users who require our services based in a U.K jurisdiction may  purchase the Letter writing service, Digital connection service and Guideline phone service.  

All guests are limited to the use of content and may not attempt to access the client management area  unless we have provided you with express written permission. We do not guarantee access to our site as  such we reserve the right to amend or withdraw any page, content or service in part or in whole without  notice. We will not be liable for any reason should our site be unavailable at any given time or for any given  period. 

We may restrict the use of some parts of our site whether to guests or registered users. If you are provided with a members login credentials, We reserve the right to disable the credentials or  your access to the website, If in our opinion you have not complied with any or all of the provisions of these  terms.  

You must not disclose your password or allow any third party access to the member’s area without our  express written permission. Use of the member’s area is only for private and personal use and must not be  used by a company or business unless you have our express written permission. 

As part of using our website or service, users have full responsibility for ensuring they have access to our  site. It is the users responsibility to ensure that connections are secure and any software, browsers or  computers used to access our site are free from any kind of virus. Similarly you must ensure that any user  who gains access to our website through your computer or connection is both aware and compliant with  these terms.

 
Intellectual property rights 

All content on our website is protected through copyright protection, whether by laws within the U.K.  jurisdiction or worldwide. All rights and use of content is reserved or licenced by Moonroq Soul CIC Ltd. 

Users may use our content for personal and non-commercial use, you may draw the attention of others in  your organisation and or blog, website or through other tools to our material but not that which is  exclusive to the members area of the website. You may download or print material for review, ensuring you  accurately acknowledge and reference the material with a link to the material on our website as well as details of the author. 

Users must not modify any of our material in anyway, whether it has been printed or downloaded in it’s digital format. We do not permit the use of any illustrations, photographs, audio or video separately from any related text that may accompany it. 

No material must be used for any commercial use or benefit, unless a licence is obtained from us first. Any  permission provided relating to the same must be obtained in writing. 

If you breach any of our rights by acting contrary to the above terms, your right to use our site and material  will cease with immediate effect. You must, at our discretion, return or destroy any copies of material and  provide us with proof of the same, should we require. 

 
Reliance on letters, forms and advice  

Clients visiting and making orders agree that using particular services and acquiring products is at their  own risk and services are explicitly provided on an “as is” and “as available” basis. 

Moonroq Soul cannot provide certain deadlines as such any deadline to a document and service is wholly  different and can vary as such they should be used for indication only; we cannot guarantee meeting  deadlines as such we will not be liable if you miss a deadline which is dependent on our service. 

Articles, news, comments and other material posted on our website or provided via our services such as  the Letter writing service, Digital connection service and Guideline Phone Service is not intended to provide or be a substitute for professional  legal advice or otherwise. We therefore disclaim any liability that may arise from a user’s reliance on such  material, such a disclaimer also extends to any individuals who are informed about the content of our  material and subsequently rely on it. You are strongly encouraged to seek professional independent legal  advice in the first instance, and may do so for free from C.A.B (https://www.citizensadvice.org.uk/).  

 
Updates & changes 

Our site may be updated very regularly, we may therefore limit or suspend access to our website to  undergo any updates, changes or developments, such a suspension may not be limited in time or scope  and may lead to an indefinite disclosure. We do not guarantee that any material on our website is up to  date, whether legal material or otherwise.

 
Our liability 

All material displayed on our website, drafted through our service provision of Letter writing service, or given  by way of Guideline phone service as aforementioned is not intended to be a substitute for independent  professional legal advice, and is not subject to any guarantees except to the extent that it is permitted by  law, we therefore expressly exclude: 

• All conditions, warranties and other terms, which might otherwise be implied by statute, common  law or the law of equity. 

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in  connection with our site, services or in connection with the use, inability to use, or results of the  use of our site, advice service, letter and form filling service, any websites linked to it and any  materials posted on it, including, without limitation any liability for: 

• loss of income or revenue; 

• loss of business; 

• loss of profits or contracts; 

• loss of anticipated savings; 

• loss of data; 

• loss of goodwill; 

• wasted management or office time; and 

• for any other loss or damage of any kind, however arising and whether caused by tort (including  negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall  not prevent claims for loss of or damage to your tangible property or any other claims for direct  financial loss that are not excluded by any of the categories set out above. 

This does not affect our liability for death or personal injury, nor any other liability, which cannot be  excluded or limited under applicable law. We further do not accept any liability for the outcome of any letter or form completed on your behalf at your instruction. It is your decision to use the letter or submit the form, and decide whether the letter or form is fit for purpose, and if not you can ask us to redraft it, at our discretion. 

 
Information about you and your visits to our site 

We process information about you in accordance with our privacy policy. By using our site or services, you  consent to such processing and you warrant that all data provided by you is accurate. 

 
Submitting supporting documents & acceptable use 

When submitting any material to us to undertake the services for which you have purchased, you agree to  comply with our content standards below, you agree not to submit or upload any material or information  that: 

• In any way breaches any applicable local, national or international law or regulation. • In any way is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. • For the purpose of harming or attempting to harm our website in any way, including cloning or  duplicating our website in part or in whole. 

• To send, knowingly receive, upload, download, use or re-use any material, which does not comply  with our content standards. 

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional  material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses,  worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar  computer code designed to adversely affect the operation of any computer software or hardware. 

 
You also agree: 

Not to reproduce, duplicate, copy or re-sell any part of our site or drafted form or letter in contravention of  the provisions of our terms of website use. 

Not to access without authority, interfere with, damage or disrupt: 

• any part of our site; 

• any equipment or network on which our site is stored; 

• any software used in the provision of our site; or 

• any equipment or network or software owned or used by any third party. 

Any users who are provided with a code for the Case Management Area, agree not to: • Provide any other individual access to the area without our prior written consent. • Continue attempting to log-in should you forgot your password or username. • Upload any material which is in breach of this policy. 

• Access your material from public computers (including internet cafes). 

• Pass on your code and log in details without our prior written consent. 

• Use it for any other use than for the provision of our service. 

In general all content uploaded or contributed by whatever means, must not: 

• Contain any material which is defamatory to any person. 

• Contain any material which is obscene, offensive, hateful or inflammatory. 

• Promote sexually explicit material. 

• Promote violence. 

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or  age. 

• Infringe any copyright, database right or trade mark of any other person. 

• Be likely to deceive any person. 

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of  confidence. 

• Promote any illegal activity. 

• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless  anxiety. 

• Be likely to harass, upset, embarrass, alarm or annoy any other person. 

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. • Give the impression that they emanate from us, if this is not the case. 

• Advocate, promote or assist any unlawful act such as (by way of example only) copyright  infringement or computer misuse.

Any breach of our Terms of Use will be deemed a material breach, We in our sole discretion will be able to  take any action we see fit, extending but not limited to withdrawal of service, retention of monies paid,  legal action or disclosure of breach to law enforcement agencies. 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or  other technologically harmful material that may infect your computer equipment, computer programs,  data or other proprietary material due to your use of our site or to your downloading of any material  posted on it, or on any website linked to it. 

 
Review, Re-drafts & Refunds  

Reviews may only be uploaded by individuals who have used the specific service or document which they  are reviewing. We only allow one review per user. Users wishing to review a service may do so by either  logging in to the review area by clicking on the review tab in the document or service that they wish to  review and using their username and password to log in. Any review posted must comply with both our  Terms of Use, Privacy Policy and Terms and Conditions. We reserve the right to vet all reviews before  allowing them to be posted, we may remove or prevent any reviews from being posted in our sole  discretion. 

Re-drafts of letters or forms provided as part of Letter writing service is at the sole discretion of Moonroq Soul. 

You are entitled to a full refund of any fee within seven days of purchase of your service / document. If you  have purchased a document which has been processed by us then you will not be refunded, similarly if you  have brought a service such as Letter writing service or Guideline phone service and work has commenced on this  then you will not be refunded for this. For the purposes of avoidance of doubt where you have signed our  form of authority, submitted supporting documents or material by way of email, scheduled a call slot or  conversed for more than 1 minute, this is to be construed as the commencement of work.  

Please note disbursements will not be refunded such as 3rd party fees (Court costs), photocopying, room  hire and postage costs, you will need to contact the relevant body to which the disbursement was due if  you would like a disbursement to be refunded. 

 
Linking to us 

You may link to our website. Any such link is fair and legal but must not damage or cause to damage our  reputation. We do not endorse or approve in part or in whole any websites that link to us, it must be clear  that any linked websites are not associated with us. You must not establish any links to us from any  website that is not owned by you. If you wish to create any links to our site but are not sure as to the  content or you require our prior written permission please email us on Contact@moonroqmind.com

 
Links from our site 

Any links from our site to third parties are for informational purposes only. We have not control,  association or endorsements with those website in whatever capacity unless stated otherwise. We accept  no responsibility over the quality of the links or any damage that may arise however remote.

 
Jurisdiction and applicable law 

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our  site, although we retain the right to bring proceedings against you for breach of these conditions in your  country of residence or any other relevant country. 

 
Variations 

These terms may be revised from time to time, you agree to be subject to any updated terms, you are  expected to make your own regular checks from time to time to ensure you are compliant. You agree by  your use that any changes will be binding on you whether you have notice of the same. Some changes to  these terms may be superseded by terms varying them that can be found elsewhere on our website. 

 
Our service 

Our service is run by real individuals in real time, as such there may be some delay in getting  correspondence or a response to you depending on the demand. In any event we will endeavour to ensure  that you receive response from us within 48 Hours in line with our service level standards.  

The exact timescale of each individual service is dependent upon the complexity of the service purchased.  We will ensure your service is completed in a reasonable time period, and is subject to the following terms:  

We accept no liability where documents have been lost in the post, or where documents have been posted  to an address which has been provided by you but is incorrect, or if clients miss deadlines which may be  dependent on our services.  

Furthermore, We will not be liable for events outside our control and Force Majeure events, this will include  natural disasters and acts of God, computer and server crash, epidemics or pandemics, war threats or  violence, terrorist attacks, any law or government order, rule, regulation or direction, or any action taken  by a government or public authority, including but not limited to imposing an embargo, export or import  restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent, fire,  explosion (other than in each case one caused by a breach of contract by, or assistance of, the party  seeking to rely on this clause or companies in the same group as such party) or accidental damage, non performance by suppliers or subcontractors or services offered on our behalf by third parties, misuse by  individuals, employees or third parties, we will not be liable if clients miss deadlines which may be  dependent on our services. 

 
Members Area: 

By purchasing our service you will be provided with a Username and Password to use our members area,  this can be used only until two weeks after completion of your document and or service. You agree not to  use the same after that period irrespective of whether it has been closed down. 

You agree that you will not sell, or permit any person apart from the individual who purchased our service  to use the same. Any breach may result in compensation for financial loss or a charge for further use to be  calculated at our discretion.

If it is suspected that other users are logging in to your members area and using it, we reserve the right to  close this down, without any recourse. Our services require the customer to print the documents and  have the requisite software on their computer to view their files, if delivery by post is not selected.  

 
Commercial Restrictions and others: 

Your document or service is limited solely to your individual personal use, you may not under any  circumstances pass it on for use or for commercial use or sale. Copyright of documents or services will  remain the sole copyright of Moonroq Soul. You may use the document intended for you as many times as  you require for your own use. Our web content may not be used without our express permission, and is  only indicative; we cannot guarantee the accuracy of the content in all circumstances. 

 
Forfeiture: 

If you fail to communicate any response to our questions or queries in the performance of your service for  21 days or more, then we will treat your service as forfeited. No refund will be made. This includes request  for fees, if they are unpaid. 

Our service and obligations to you will terminate on one or more of the following events: • Completion of your service 

• Forfeiture by you (see above) 

• Suspected activity or misuse 

• Your express confirmation of termination subject to be in writing and posted to our address unless  otherwise agreed 

• For legal reasons such incapacity or being a minor 

Any wish to terminate your service with us must be in writing, and can be posted to our address Moonroq  Soul, 63 - 66 HATTON GARDEN, FIFTH FLOOR, SUITE 23, LONDON,EC1N 8LE or emailed to  Complaints @ moonroqsoul . com. We also reserve our discretionary right to cancel at any time. 

 
Reviewing our service: 

If you have used our service you agree that any review you provide is an accurate reflection of our service,  you may only review the service, which you purchased. Any review you provide must not name any  individual names of the representatives of Moonroq Soul or its third party providers. You cannot use our  review section to mention or highlight any other companies such as legal service providers or provide web  addresses. You must not use offensive language. Any misuse of this may result in an action for  misrepresentation/ libel or slander –but actions will not be limited to these, compensation may also be  sought. Reviews are subject to agreement by Moonroq Soul although Moonroq Soul will do its best to  make sure all reviews are vetted, it cannot in all circumstances guarantee this.

 
Miscellaneous: 

All fees on the website are indicative, if they are priced in error, then you agree to pay the correct amount  or you have a right to refund in that circumstance. Fees are net of Tax, Postage and other disbursements  such as court costs, bank costs etc. Your invoice will provide you with the costs outstanding in your matter;  however it is indicative only – and may change. We reserve the right not to carry out any work until a fee  has been paid in full or paid when requested. 

We make every attempt to ensure that our employee’s computers are virus free and that our website is  vetted for security issues. You will ensure that your computer is virus free before accessing our website, we  will not be liable for any data loss or security issues as a result of viruses or malicious hacking. We  recommend you do not use a computer from a internet cafe, public places or public wifi hotspots and that  you scan any of our documents we send you for viruses. 

We only accept service by post: 

Moonroq Soul CIC Ltd, 63 - 66 HATTON GARDEN, FIFTH FLOOR, SUITE 23, LONDON,EC1N 8LE 

 

Entire Agreement

 

These SERVICE SPECIFIC TERMS AND CONDITIONS FOR LETTER WRITING, DIGITAL CONNECTION &  GUIDELINE PHONE SERVICES, together with the Moonroq Soul Terms as noted above and any other legal or fee notices provided to you by Moonroq Soul such as service / product specific terms, shall constitute the entire agreement between you and Moonroq Soul concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Moonroq Soul and you, including those made by or between any of our respective representatives, with respect to any of the Moonroq Soul Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Moonroq Soul in entering into any of the Moonroq Soul Terms.

Miconduct and Copyrights
Disclaimer of Warranties
Limitation of Liability
12.Indemnity
13.General
14.Contact Us
Service Specific Terms & Conditions
General
Our Fees
Our Obligations
Your obligations
Complaints
Accessing our site
Intellectual Property Rights
Reliance on letters, forms and advice
Updates and changes
Our liability
Information about you and your vists to our site
Submitting supportin documents and acceptable use
You also agree
Review, Re-drafts & Refunds
Linking to us
Linking from our site
Jurisdiction and applicable law
Variations
Our service
Members Area
Commercial Restrictions and others
Forfeiture
Reviewing our service
About us
Miscellaneous
Entire Agreement
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