About Musing Minds UK

Section 1-10: Introduction

1. Introduction

1.1     These terms and conditions shall govern your use of our website.

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 17 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 17 years of age.

1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Interpretation

 

2.1     In these terms and conditions:

(a)      "we" means MusingMinds.UK (and "us and "our" should be construed accordingly);

(b)      "you" means our member, customer, prospective member or prospective customer under these terms and conditions (and "your" should be construed accordingly);

(c)     "booking" means a booking in respect of booking an event, which may be made by you under these terms and conditions; and

(d)      "force majeure event" means an event that is, or a series of related events that are, beyond our reasonable control.



3. Copyright notice

 

3.1     Copyright (c) 2017 MusingMinds.UK.

3.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

 

4.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

          subject to the other provisions of these terms and conditions.

4.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3     You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

4.6     Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

5. RSS feed

5.1     We may provide an RSS feed. You may access our RSS feed using an RSS reader or aggregator.

5.2     By accessing our RSS feed, you accept these terms and conditions.

5.3     Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any [non-commercial] website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 5.3.

5.4     [It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).]

5.5     We may revoke any licence set out in this Section 5 at any time, with or without notice or explanation.

 

6. Acceptable use

6.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

6.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

6.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

 

7. Use on behalf of organisation

7.1     If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)      yourself; and

(b)      the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

 

8. Registration and accounts

8.1     To be eligible for an individual account on our website under this Section 8, you must be at least 13 years of age.

8.2     You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

8.3     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

8.4     You must not use any other person's account to access the website, unless you have that person's express permission to do so.

 

9. User IDs and passwords

9.1     If you register for an account with our website, you will be asked to choose a user ID and password.

9.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 46; you must not use your account or user ID for or in connection with the impersonation of any person.

9.3     You must keep your password confidential.

9.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

9.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

10. Cancellation and suspension of account

10.1    We may:

(a)      suspend your account;

(b)      delete your account; and/or

(c)      edit your account details,

          at any time in our sole discretion without notice or explanation.

10.2    You may delete your account on our website by going to ‘member settings’.

Section 11-18: Community Features

11. Social networking

11.1    Registered members will have access to such additional features on our website as we may from time to time determine which may include:

(a)      facilities to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of that profile to particular groups or individuals registered on the website;

(b)      facilities to create support groups, manage groups that you have created, follow, join and leave groups, and share information amongst group members;

(c)      facilities to create business pages, manage such pages that you have created, follow, join and leave such pages, and share information amongst training venue members;

(d)      facilities to create events, manage events that you have created, follow, attend and leave events, and share information amongst those who will attend the event;

(e)     the facility to send private messages via the website to particular groups or individuals registered on the website; and

(f)      the facility to post and publish text and media on the website including videos, albums and photos, blogs, discussions and comments/replies.

11.2    You agree to the publication of posts relating to you, by others, on our website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 49.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

 

12. Personal profiles

12.1    All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.

12.2    We ask you to keep your personal profile on our website up to date.

12.3    Personal profile information must also comply with the provisions of Section 6 and Section 46.

 

13. Subscriptions

13.1    We may charge some members membership fees. To become a subscriber to our website services, you must pay the applicable subscription fees either during the account registration procedure, or after you have registered for an account with our website. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.

13.2    You will have the opportunity to identify and correct input errors after making your order.

13.3    For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

13.4    We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.

13.5    At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.

14. Comments feature

14.1    In order to use the majority of our ‘comments & replies’ feature on our website, you must register with the website. Some listings (depending on member settings) allow the public/non-registered members to use their comments feature.

14.2    Comments will not be reviewed or edited before publication; however, we reserve the right to edit or delete any comment published on our website. After publication, comments may be reported to admin by registered members as spam, abusive or inappropriate. We reserve the right to edit or delete any such comment.

14.3    We shall have no obligation to provide to you a copy of any comment that you post to our website.

14.4    For the avoidance of doubt, your comments constitute "your content" for the purposes of Section 45 and Section 46.

 

15. Discussion Topics & Posts

15.1    Generally, you must register with our website before making a discussion topic and/or discussion post on the website. Depending on the settings our members leave on their listings, you may not need to do so.

15.2    Depending on settings the member has set on their listing, any registered user may create a discussion topic and create a discussion post on the website.

15.3    All discussion topics posted on our website must relate to the subject matter of that particular page.

15.4    All discussion posts posted on our website must represent an honest attempt to answer the relevant topic at hand.

15.5    All discussion topics and discussion posts submitted to the website, submitted to us for publication on our website or published on our website shall constitute "user content" for the purposes of Section 45 and Section 46.

15.6    You acknowledge that we do not systematically check, verify, review or moderate discussion topics and discussion posts published on our website. We do not warrant or represent that the discussion topics and discussion posts are true, accurate, complete, up to date or non-misleading. You must verify the content of any question or answer before relying upon it. Subject to Section 49.1, we will not be liable to you in respect of any loss or damage arising out of any reliance that you place on any question or answer published on our website.

 

16. Reviews

16.1    We publish reviews of products and services on our website.

16.2    User reviews are independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.

16.3    You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.

16.4    You should not rely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.

16.5    Subject to Section 49.1, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.

16.6    You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 49.1, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.

 

17. Editor reviews

17.1    We publish reviews by selected, influential reviewers on our website, including our own honest views and opinions.

17.2    If you provide editor reviews to our website, the supply by you and use by us of those reviews will be subject to separate terms and conditions.

 

18. User reviews

18.1    We publish reviews by users on our website.

18.2    If you have registered with our website, you may submit reviews for publication on the website, subject to these terms and conditions.

18.3    Your reviews must be honest, reasonable and bona fide reviews of:

          (a)      Business Pages

          (b)      Support Groups

          (c)      Events

          (d)      Stores

          (e)      Products

18.4    You may only post a review if:

(a)      you have used the product or service (or in the case of members, you have fully reviewed their profile, posts and contributions);

(b)      you genuinely want to leave your views and opinions for other members. If the review is disparaging, we suggest you first contact the seller/service provider to allow them to provide recourse for your issue;

18.5    You must not post a review if:

(a)      you have a financial interest in the subject matter of the review;

(b)      you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; or

(c)      you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

18.6    For the avoidance of doubt, your reviews constitute "your content" for the purposes of Section 45 and Section 46.

18.7    You acknowledge that we may publish and otherwise use, in conjunction with your reviews, your user ID, but we shall have no obligation to do so.

18.8    You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.

18.9    You acknowledge that the user reviews published on our website are submitted by users, and that we do not usually review, approve or edit such reviews; accordingly, we do not warrant the completeness or accuracy of the user reviews.

Section 19-24: Directory & Advertising

(Please read section 39 – 62 for more information)

19. Directory

19.1    We welcome submissions to the directories published on our website.

19.2    Our directories include:

(a)      Business Pages

19.3    For the avoidance of doubt, your directory submissions constitute "your content" for the purposes of Section 45 and Section 46, and must comply with the acceptable use rules set out in Section 6.

19.4    You must keep your directory submissions up to date using our website interface.

 

20. Free page directory listings

20.1       You may submit a free listing to our directory by following this process:

Visit Business Pages and click ‘Create New Business Page

Choose the ‘free’ package

Create your page

20.2    If we accept your free directory listing submission, it will remain published on our website for the relevant period of your free package, subject to termination or deletion in accordance with these terms and conditions.

20.3    We may delete a free directory listing at any time, with notice to you.

 

21. Paid directory listings

21.1    You may submit a paid listing to our directory by following this process:

Visit Business Pages and click ‘Create New Business Page

Choose the appropriate package

Create your page

21.2    You will have the opportunity to identify and correct input errors after making your order.

21.3    Paid submissions include the benefits as stated in the package that you choose.

21.4    If we accept a paid directory submission, it will remain published on our website for the relevant period of the premium package you have selected, subject to termination or deletion in accordance with these terms and conditions.

21.5    We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 21.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.

 

22. Prohibited directory submissions

22.1    Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website.

22.2    If we reject or delete a directory submission in accordance with this Section 22, we will not refund any applicable charges.

 

23. Advertisements

23.1    We welcome the submission of advertisements to our website.

23.2    You may submit an advertisement to our website by:

Clicking ‘Create an ad’ found on any advert already listed on the site

Visiting ‘Advertisements’ found in the footer, then clicking ‘Create an Ad’.

23.3    You will have the opportunity to identify and correct input errors after making your order.

23.4    Advertisements submitted to our website must constitute bona fide advertisements relating to ‘African Fashion’ & ‘African Beauty’ that are true, fair and accurate in all respects. 

23.5    Advertisements must be for content listed on the website, whereby the advert when clicked will direct users to that content.

23.6    Advertisements submitted to our website must not be for any product, service or other subject matter that:

(a)      breaches any laws, regulations or codes;

(b)      infringes any third party intellectual property rights or other legal rights; or

(c)      may give rise to a cause of action against any person,

           in each case in any jurisdiction and under any applicable law.

23.7    Advertisements submitted to our website must not be for any product, service or other subject matter that:

(a)      consists of or contains material that would, if published on our website by you, contravene the provisions of Section 46;

(b)      is or relates to:

(i)       drugs, narcotics, steroids or controlled substances;

(ii)      obscene, indecent, pornographic or sexually explicit materials;

(iii)     knives, swords, firearms or other weapons;

(iv)     ammunition for any weapon;

(v)      items that encourage or facilitate criminal acts or civil wrongs; or

(vi)     items that encourage or facilitate the infringement of any intellectual property right];

23.8    Your advertisements must comply with the requirements of Section 6 and Section 46.

23.9    You grant to us a worldwide, non-exclusive, royalty-free licence to publish your advertisements on our website, and to copy, alter and store your advertisements in connection with their publication on our website, together with the right to sub-license these rights.

23.10  You must keep your advertisements up to date using our website interface, and must delete or unpublish any advertisements that have ceased to be relevant to our users (for example, because products advertised are no longer available).

23.11  Advertisements submitted to our website will be automatically processed and will usually be published immediately following submission; however, we do not guarantee this.

23.12  Without prejudice to our other rights under these terms and conditions, we reserve the rights to reject, unpublish or delete advertisements that breach these terms and conditions or that do not meet any additional guidelines for submissions published on our website. If we reject, unpublish or delete an advertisement in accordance with this Section 23.12, we will not refund any applicable listing fees.

23.13  If we accept your advertisement submission, then it will remain published on our website for the relevant period set out in the package you selected, subject to these terms and conditions.

23.23  From time to time we may allow the publication of advertisements on our website free of charge, providing that free advertisements will be subject to such additional terms and conditions as we may specify from time to time, and we may delete free advertisements at any time in our sole discretion with or without notice to you.

 

24. Affiliate links 

24.1    Our website likely includes links to third party merchant websites supplying goods and/or services.

24.2    We may earn affiliate fees from a merchant if you click on that merchant's link on our website and subsequently make a purchase on the merchant's website. 

24.3    You acknowledge that:

(a)      we do not vet third party merchants;

(b)      we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants; the security of third party merchant websites; or the accuracy of the information published on third party merchant websites;

(c)      we are not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant; and

          and accordingly we will not be liable to you in relation to any loss or damage arising out of any use of a third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract with a third party merchant.

24.4    We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.

24.24  The provisions of this Section 24 are subject to Section 49.1.

Section 25-32: Marketplace

(Please read section 39 – 62 for more information)

25. Buyer registration and accounts

25.1    This Section 25 applies to buyers and prospective buyers.

25.2    Your personal profile is also your buyer account.

 

26. Seller registration and accounts

26.1    This Section 26 applies to sellers and prospective sellers.

26.2    To be eligible for a seller account on our website under this Section 26, you must have been selected by admin at MusingMinds.UK.

26.3    You may register for a seller account with our website by completing and submitting the account registration form that admin send you, and clicking on the verification link in the email that the website will send to you.

 

27. Seller stores

27.1    If you register with our website as a seller, you will be able to create your own store / stores on the website.

27.2    To create a store on our website, you should contact admin, who will advise you.

27.3    Seller stores that are submitted may be individually reviewed within 24-48 hours following submission.

27.4    Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.

27.5    If we permit the publication of a seller store, it will remain published on our website [for the relevant period set out on our website in the form of the package chosen, subject to these terms and conditions.

 

28. Seller listings

 

28.1    If you create a store on the website, you will be able to submit listings to the website.

28.2    To create a listing on our website, you should take the following steps:

Go to your store profile

Click ‘create product’ underneath the row of tabs

28.3    Listings that are submitted will be automatically processed following submission.

28.4    Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

28.5    If we permit the publication of a listing, it will remain published on our website for the relevant period set out on our website in the form of the selected package, subject to these terms and conditions.

28.6    Listings submitted to our website must be true, fair, complete and accurate in all respects. 

28.7    Listings submitted to our website must constitute bona fide listings relating to expressive writing and mental health.

28.8    Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

28.9    You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.

28.10  You must ensure that all prices specified in or in relation to a listing are in pounds Sterling only.

 

29. Product rules

29.1    The only products that may be the subject of a listing on our website are products falling within the stated product categories.

29.2    You must not use our website to advertise, buy, sell or supply services.

29.3    You must not advertise, buy, sell or supply through our website any product that:

(a)      breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b)      consists of or contains material that would, if published on our website by you, contravene the provisions of Section 6 or Section 45;

(c)      is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right;

 

30. The buying and selling process

30.1    You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:

(a)      a buyer must add the products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;

(b)      if the buyer is a new user, he or she must create a personal profile with the website and log in; otherwise, the buyer must enter his or her login details;

(c)      once the buyer is logged in, he or she must select the preferred method of delivery and confirm the order and his or her consent to these terms and conditions and the applicable terms and conditions of sale;

(d)      the buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer's payment to the seller; buyers must submit payment in full via credit or debit card;

(e)      the website will then send to the buyer an automatically generated acknowledgement of payment;

(f)      once the seller has checked whether it is able to meet the buyer's order, the seller will send to the buyer an order confirmation (at which point the order will become a binding contract between the seller and the buyer) or the seller will confirm by email that it is unable to meet the buyer's order.

 

31. Terms and conditions of sale

31.1    Sellers must use the website interface to create legal notices applying to their relationships with customers.

31.2    Sellers must ensure that:

(a)      legal notices are sufficient to meet the seller's legal disclosure obligations and other legal obligations; and

(b)      they comply with all laws applicable to their product listings and sales, including where applicable the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

31.3    Except to the extent that a buyer and seller expressly agree otherwise, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

(a)      the price for a product will be as stated in the relevant product listing;

(b)      delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;

(c)      deliveries of products must be made within 14 days following date the contract of sale comes into force or such shorter period as the buyer and seller may agree;

(d)      appropriate means of delivery of products must be used by the seller; and

(e)      products must conform in all material respects to the description of the products in the product listing and any other description of the products supplied or made available by the seller to the buyer.

31.4    If the seller is a trader and the buyer is a consumer, the provisions of Section 43 shall be incorporated into the contract of sale and purchase between a buyer and a seller.

31.5    Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.

 

32. Our role as mediator between buyer & seller

32.1    You acknowledge that:

(a)      we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b)      we do not check, audit or monitor the information contained in listings;

(c)      we are not party to any contract for the sale or purchase of products advertised on the website;

(d)      we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and may process payments on behalf of sellers and receive a non-refundable commission of an amount based on the package chosen by the seller;

(e)      we are not the agents for any buyer or seller,

          and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

32.2    The provisions of this Section 32 are subject to Section 49.1.

 

Section 33-38: Event Booking

(Please read section 39 – 62 for more information)

  1. Introduction

33.1    Bookings made through our website, and our and your rights and obligations in relation to such bookings, are governed by these terms and conditions.

33.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

33.3    This document does not affect any statutory rights you may have as a consumer.

 

  1. Order process

34.1    The advertising of bookings on our website constitutes an "invitation to treat" rather than a contractual offer.

34.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 34.

34.3    To make a booking through our website, the following steps must be taken:

You must click "Buy Ticket" in relation to the relevant event; if you are a new customer, you must then create an account with us and log in; if you are an existing member, you must enter your login details; once you are logged in, you must consent to these terms and conditions; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and, finally, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

34.4    You will have the opportunity to identify and correct input errors prior to making your order by contacting us.

 

  1. Variation of booking

35.1    If you would like to change your booking in any way, you should contact us to discuss your requested changes. We reserve the right to accept or reject any changes you may request.

35.2    Sellers may change the time and date and/or location of an event that is the subject of a booking by giving to you written notice of the change at least 14 days before the event is due to begin. If we notify you of a change to a booking under this Section 35.2, you shall have a right to cancel the booking and receive a full refund of the price paid in respect of the booking, providing that your notice of cancellation must be received by us within 7 days following the date of issue of our notification of the change. If your notice of cancellation is received after the end of that period, you will not be entitled to a refund under this Section 35.2.

 

  1. Warranties and representations

36.1    You warrant and represent to us that:

(a)      you are legally capable of entering into binding contracts;

(b)      you have full authority, power and capacity to agree to these terms and conditions; and

(c)      all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

36.2    We warrant to you that any services we may supply to you under these terms and conditions or in connection with a booking will be supplied with reasonable care and skill.

36.3    All of our warranties and representations relating to bookings are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.

 

  1. Force majeure

37.1    If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.

37.2    If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall:

(a)      promptly notify you; and

(b)      inform you of the period for which it is estimated that such failure or delay will continue.

37.3    If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.

  1. No waivers

38.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

38.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

Section 39-44: Fees, Payments & Cancellations

39. Paying Fees

39.1    Our fees and prices are quoted on our website. The fees in respect of our website services will be as set out on the website from time to time.

39.2    You must pay the applicable fees and prices during the checkout procedure.

39.3    As we are not a VAT registered company, all amounts stated on our website are exclusive of VAT and VAT is not charged.

39.4    You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

39.5    We will vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

39.6    Stores and event creators may from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

39.7    Marketplace sellers (stores) must pay to us the following amounts:

(a)      fees in respect of the seller store package chosen; and

(b)      commission in respect of each sale made through our website (amount dependent on package chosen).

39.8    In respect of fees payable to us by members & sellers:

(a)      the fees will be as specified on our website from time to time; and

(b)      the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.

(c)      We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

39.9    In respect of commission payable to us by sellers:

(a)      commission shall be payable at the rate stated on the package chosen (excluding value added taxes, sales taxes and delivery charges)]

(b)      we shall deduct commission due from amounts held or processed by us on behalf of the seller; and

(c)      commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.

(d)      We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

40. Making Payments

40.1    If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

40.2    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)      an amount equal to the amount of the charge-back;

(b)      all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)      an administration fee of GBP 10.00, and

(d)      all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 40.2 (including without limitation legal fees and debt collection fees),

          and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 40.2.

40.3    If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

40.4    Payments may be made by any of the permitted methods specified on our website from time to time.

 

  1. Cancellation of bookings by us

41.1    We may cancel a contract under these terms and conditions:

(a)      at least 14 days before the event in respect of which that contract was made begins.

41.2    We will give you written notice of any contract cancellation under this Section 41. 

41.3    If we cancel a contract under these terms and conditions in accordance with this Section 41, you will be entitled to a full refund of the price paid under that contract.

  1. Cancellation of bookings by you

42.1    Any rights you may have under this Section 42 are additional to your statutory rights.

42.2    You may cancel a contract under these terms and conditions:

(a)      at least 14 days before the event in respect of which that contract was made begins, in which case you will be entitled to a refund of 100% of the price paid under that contract;

42.3    In order to cancel a contract under this Section 42, you must send to the seller a written notice of cancellation by post or email using the contract details specified in these terms and conditions. 

42.4    Save as provided in this Section 42, specified elsewhere in these terms and conditions or mandated by law, you will not receive any refund upon the cancellation of a contract under these terms and conditions.

 

43. Distance contracts: cancellation right (Buyer & Seller)

43.1    This Section 43 applies if and only if the seller is a trader (a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

43.2    The buyer may withdraw an offer to enter into a contract with a seller through our website or cancel a contract entered into with a seller through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:

(a)      beginning upon the submission of the buyer's offer; and

(b)      ending at the end of 14 days after the day on which the goods come into the buyer's physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer's physical possession or the physical possession of a period identified by the buyer to take possession of them).

43.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 43, the buyer must inform the seller of the buyer's decision to withdraw or cancel (as the case may be). The buyer may inform the seller by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the seller using the cancellation form that we or the seller will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

43.4    If the buyer cancels a contract on the basis described in this Section 43, the buyer must send the products back to the seller (to the address specified by the seller on our website) or hand them over to the seller or a person authorised by the seller to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the seller of the decision to cancel the contract. The buyer must pay the direct cost of returning the products.

43.5    If the buyer cancels an order in accordance with this Section 43, the buyer will receive from the seller a full refund of the amount you paid to the seller in respect of the order including the costs of delivery to the buyer, except:

(a)      if the buyer chose a kind of delivery costing more than the least expensive kind of delivery that the seller offers, the seller reserves the right to retain the difference in cost between the kind of delivery the buyer chose and the least expensive kind of delivery that the seller offer; and

(b)      as otherwise provided in this Section 43.

43.6    If the value of the products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics and functioning of the products, the seller may recover that amount from the buyer up to the contract price. The seller may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount direct to the seller. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

43.7    The seller will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

43.8    Unless the seller has offered to collect the products, the seller will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 43 within the period of 14 days after the day on which the seller receive the returned products or (if earlier) after the day on which the buyer supplies to the seller evidence of having sent the products back. If the seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the seller will process a refund due to the buyer without undue delay and, in any case, within the period of 14 days after the day on which the seller is informed of the withdrawal or cancellation.

43.9    The buyer will not have any right to cancel a contract as described in this Section 43 insofar as the contract relates to:

(a)      the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(b)      the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the buyer, or goods that are clearly personalised;

(c)      the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer; and

(d)      the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

 

44. Distance contracts: cancellation right (Individual)

44.1    This Section 44 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

44.2    You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)      beginning upon the submission of your offer; and

(b)      ending at the end of 14 days after the day on which the contract is entered into,

          subject to Section 44.3. You do not have to give any reason for your withdrawal or cancellation.

44.3    You agree that we may begin the provision of services before the expiry of the period referred to in Section 44.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a)      if the services are fully performed, you will lose the right to cancel referred to in Section 44.2;

(b)      if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 44.

44.4    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 44, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

44.5    If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 44, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 44.

44.6    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

44.7    We will process the refund due to you as a result of a cancellation on the basis described in this Section 44 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

Section 45-62: Additional T&Cs

45. Your content: licence

45.1    In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

45.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

45.3    You grant to us the right to sub-license the rights licensed under Section 45.2.

45.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 45.2.

45.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

45.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

45.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

46. Your content: rules

46.1    You warrant and represent that your content will comply with these terms and conditions.

46.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

46.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)      be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence;

(m)     be pornographic, lewd, suggestive or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

46.4    Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

46.5    You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

46.6    You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

47. Report abuse

47.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

47.2    You can let us know by email or by using our abuse reporting form found on all content pages.

 

48. Limited warranties

48.1    We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

48.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

48.3    To the maximum extent permitted by applicable law and subject to Section 49.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

49. Limitations and exclusions of liability

49.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

49.2    The limitations and exclusions of liability set out in this Section 49 and elsewhere in these terms and conditions:

(a)      are subject to Section 49.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

49.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

49.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

49.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

49.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

49.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

49.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

49.9    Our aggregate liability to you in respect of a contract under these terms and conditions shall not exceed the greater of:

(a)      the total amount paid and payable to us under that contract.]

 

50. Indemnity

50.1    You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a)      any breach by you of any provision of these terms and conditions; or

(b)      your use of our website.

 

51. Breaches of these terms and conditions

51.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)      contact any or all your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on our website.

51.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

52. Third party websites

52.1    Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

52.2    We have no control over third party websites and their contents, and subject to Section 49.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

  1.  Trade marks

53.1    Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

53.2    The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

54. Competitions

54.1    From time to time we may run competitions, free prize draws and/or other promotions on our website.

54.2    Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

 

55. Variation

55.1    We may revise these terms and conditions from time to time.

55.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

55.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

56. Assignment

56.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions  − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

56.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

57. Severability

57.1    If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

57.2    If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

58. Third party rights

58.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

58.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

59. Entire agreement

59.1    Subject to Section 49.1, these terms and conditions, together with our privacy and cookies policy, and with the information throughout our website shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

60. Law and jurisdiction

60.1    A contract under these terms and conditions shall be governed by and construed in accordance with English law.

60.2    Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

 

  1. Statutory and regulatory disclosures

61.1    We will not file a copy of these terms and conditions specifically in relation to each member or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

61.2    These terms and conditions are available in the English language only.

61.3    We do not have a VAT number

62. Our details

62.1    This website is owned and operated by Miss Caroline, the founder of MusingMinds.UK.

62.2    You can contact us by using our web contact form found in the footer of this page.