These Terms of Sale, together with any and all
other documents referred to herein, set out the terms under which Paid Content, accessed via
Subscriptions, is sold by Us to consumers through this website, www.Moblse.com (“Our Site”). Please
read these Terms of Sale carefully and ensure that you understand them before purchasing a
Subscription. You will be required to read and accept these Terms of Sale when ordering a
Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not
be able to purchase a Subscription and access Paid Content through Our Site. These Terms of Sale,
as well as any and all Contracts are in the English language only. Terms and Conditions governing mobile
telephony contracts purchased from us may be found here: Mobile Telephony Terms & Conditions
| “Contract” |
means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6; |
| “Paid Content” |
means the digital content sold by Us through Our Site; |
| “Subscription” |
means a subscription to Our Site providing access to Paid Content; |
| “Subscription Confirmation” |
means our acceptance and confirmation of your purchase of a Subscription; |
| “Subscription ID” |
means the reference number for your Subscription; and |
| “We/Us/Our” |
means Moblse (Trading) Ltd, a company registered in England under 13370110, whose registered address is 7th Floor, 8 Shepherd Market, London W1J 7JY. |
| 5.1 |
We make all reasonable efforts to ensure
that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual
Subscription and Paid Content that you will receive.
|
| 5.2 |
We may from time to time change Our
prices. Changes in price will not affect any Subscription that you have already purchased but
will apply to any subsequent renewal or new Subscription. We will inform you of any change in
price at least 30 days before the change is due to take effect. If you do not agree to such a
change, you may cancel the Contract as described in sub-Clause 12.1.
|
| 5.3 |
Minor changes may, from time to time, be
made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory
requirements, or to address technical or security issues. These changes will not alter the main
characteristics of the Paid Content and should not normally affect your use of that Paid
Content. However, if any change is made that would affect your use of the Paid Content,
suitable information will be provided to you.
|
| 5.4 |
In some cases, as described in the relevant
content descriptions, We may also make more significant changes to the Paid Content. If We do
so, We will inform you at least 30 days before the changes are due to take effect. If you do
not agree to the changes, you may cancel the Contract as described in sub-Clause 12.1.
|
| 5.5 |
Where any updates are made to Paid Content,
that Paid Content will continue to match Our description of it as provided to you before you
purchased your Subscription to access the Paid Content. Please note that this does not prevent
Us from enhancing the Paid Content, thereby going beyond the original description.
|
| 5.6 |
We make all reasonable efforts to ensure
that all prices shown on Our Site are correct at the time of going online
|
| 5.7 |
Changes in price will not affect any order
that you have already placed (please note sub-Clause 5.11 regarding VAT, however).
|
| 5.8 |
All prices are checked by Us before We
accept your order. In the unlikely event that We have shown incorrect pricing information, We
will contact you in writing to inform you of the mistake. If the correct price is lower than
that shown when you made your order, we will simply charge you the lower amount and continue
processing your order. If the correct price is higher, We will give you the option to purchase
the Subscription at the correct price or to cancel your order (or the affected part of it). We
will not proceed with processing your order in this case until you respond. If We do not
receive a response from you within 3 working days, We will treat your order as cancelled and notify
you of this in writing.
|
| 5.9 |
If We discover an error in the price or
description of your Subscription after your order is processed, We will inform you immediately and
make all reasonable efforts to correct the error. You may, however, have the right to cancel
the Contract if this happens. If We inform you of such an error and you do wish to cancel the
Contract, please refer to sub-Clause 12.4.
|
| 5.10 |
If the price of a Subscription that you have
ordered changes between your order being placed and Us processing that order and taking payment, you
will be charged the price shown on Our Site at the time of placing your order.
|
| 5.11 |
All prices on Our Site include VAT. If
the VAT rate changes between your order being placed and Us taking payment, the amount of VAT
payable will be automatically adjusted when taking payment.
|
| 6.1 |
Our Site will guide you through the process
of purchasing a Subscription. Before completing your purchase, you will be given the
opportunity to review your order and amend it. Please ensure that you have checked your order
carefully before submitting it.
|
| 6.2 |
If, during the order process, you provide Us
with incorrect or incomplete information, please contact Us as soon as possible. If We are
unable to process your order due to incorrect or incomplete information, We will contact you to ask
to correct it. If you do not give us the accurate or complete information within a reasonable
time of Our request, We will cancel your order and treat the Contract as being at an end. We
will not be responsible for any delay in the availability of Paid Content that results from you
providing incorrect or incomplete information.
|
| 6.3 |
No part of Our Site constitutes a
contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a
contractual offer that We may, subject to status checks and at Our sole discretion, accept. Our
acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We
have sent you a Subscription Confirmation will there be a legally binding Contract between Us and
you.
|
| 6.4 |
Subscription Confirmations shall contain the
following information:
| 6.4.1 |
Your Subscription ID;
|
| 6.4.2 |
Confirmation of the Subscription ordered
including full details of the main characteristics of the Subscription and Paid Content available as
part of it;
|
| 6.4.3 |
Fully itemised pricing for your Subscription
including, where appropriate, taxes, and other additional charges;
|
| 6.4.4 |
The duration of your Subscription (including
the start date, and renewal date);
|
| 6.4.5 |
Confirmation of your acknowledgement that
the Paid Content will be made available to you immediately and that you will lose your legal right
to change your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause
11.1;
|
|
| 8.1 |
Paid Content appropriate to your
Subscription will be available to you immediately when We send you a Subscription Confirmation and
will continue to be available for the duration of your Subscription (including any renewals), or
until you end the Contract.
|
| 8.2 |
When you place an order for a
Subscription, you will be required to expressly acknowledge that you wish the Paid Content to be
made available to you immediately. You will also be required to expressly acknowledge that by
accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel
if you change your mind (the “cooling-off period”). Please see sub-Clause 11.1 for more
information.
|
| 8.3 |
In some limited circumstances, We may need
to suspend the provision of Paid Content (in full or in part) for one or more of the following
reasons:
|
| 8.4 |
To fix technical problems or to make
necessary minor technical changes;
|
| 8.5 |
To update the Paid Content to comply with
relevant changes in the law or other regulatory requirements;
|
| 8.6 |
To make more significant changes to the
Paid Content, as described above in sub-Clause 5.5.
|
| 8.7 |
If We need to suspend availability of the
Paid Content for any of the reasons set out in sub-Clause 8.3, We will inform you in advance of the
suspension and explain why it is necessary (unless We need to suspend availability for urgent or
emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform
you as soon as reasonably possible after suspension. If the suspension lasts (or We tell you that it
is going to last) for more than 48 hours, you may end the Contract as described below in sub-Clause
12.2.
|
| 8.8 |
We may suspend provision of the Paid
Content if We do not receive payment on time from you. We will inform you of the non-payment on
the due date, however if you do not make payment within 5 working days of Our notice, We may suspend
provision of the Paid Content until We have received all outstanding sums due from you. If We
do suspend provision of the Paid Content, We will inform you of the suspension.
|
| 9.1 |
When you purchase a Subscription to access
Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable
licence to access and use the relevant Paid Content for personal, non-commercial purposes. The
licence granted to you does not give you any rights in Our Paid Content (including any material that
We may licence from third parties).
|
| 9.2 |
The licence granted to you under
sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:
| 9.2.1 |
You may not copy, rent, sell, publish,
republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it
available to the public except as permitted under the Copyright Designs and Patents Act 1988
(Chapter 3 'Acts Permitted in relation to Copyright Works').
|
| 9.2.2 |
You shall not use the Paid Content for any
illegal purpose or in any way that may damage our reputation.
|
|
| 10.1 |
By law, We must provide digital content
that is of satisfactory quality, fit for purpose, and as described. If any Paid Content
available through your Subscription does not comply, please contact Us as soon as reasonably
possible to inform Us of the problem. Your available remedies will be as follows:
| 10.1.1 |
If the Paid Content has faults, you will
be entitled to a repair or a replacement.
|
| 10.1.2 |
If We cannot fix the problem, or if it has
not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you,
you may be entitled to a full or partial refund.
|
| 10.1.3 |
If you can demonstrate that the fault has
damaged your device or other digital content belonging to you because We have not used reasonable
care and skill, you may be entitled to a repair or compensation. Please refer to sub-Clause
13.3 for more information.
|
|
| 10.2 |
Please note that We will not be liable
under this Clause 10 if We informed you of the fault(s) or other problems with particular Paid
Content before you accessed it and it is that same issue that has now caused the problem (for
example, if the Paid Content in question is an alpha or beta version and We have warned you that it
may contain faults that could harm your device or other digital content); if you have purchased the
Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem
has resulted from your use of the Paid Content for that purpose; or if the problem is the result of
misuse or intentional or careless damage.
|
| 10.3 |
If there is a problem with any Paid
Content, please contact Us at support@moblse.com.
|
| 10.4 |
Refunds (whether full or partial,
including reductions in price) under this Clause 10 will be issued within 14 calendar days of the
day on which We agree that you are entitled to the refund.
|
| 10.5 |
Refunds under this Clause 10 will be made
using the same payment method that you used when purchasing your Subscription or bank transfer at
our sole discretion.
|
| 10.5 |
For further information on your rights as
a consumer, please contact your local Citizens' Advice Bureau or Trading Standards Office.
|
| 11.1 |
If you are a consumer, by default you have
a legal right to a “cooling-off” period within which you can cancel the Contract for any reason,
including if you have changed your mind, and receive a refund. The period begins once We have
sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and
ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date
of Our Subscription Confirmation, whichever occurs first.
|
| 11.2 |
After the cooling-off period, you may
cancel your Subscription at any time, however subject to sub-Clause 11.3 and Clause 12, We cannot
offer any refunds and you will continue to have access to the Paid Content for the remainder of your
current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract
will end.
|
| 11.3 |
If you wish to exercise your right to
cancel under this Clause 11, you may inform Us of your cancellation by contacting support@moblse.com
providing Us with your name, address, email address, telephone
number, and Subscription ID.
|
| 11.4 |
We may ask you why you have chosen to
cancel and may use any answers you provide to improve Our content and services, however please note
that you are under no obligation to provide any details if you do not wish to.
|
| 11.5 |
Refunds under this Clause 11 will be
issued to you as soon as possible, and in any event within 14 calendar days of the day on which you
inform Us that you wish to cancel.
|
| 11.6 |
Refunds under this Clause 11 will be made
using the same payment method that you used when purchasing your Subscription or bank transfer at
our sole discretion.
|
| 12.1 |
You may end the Contract at any time if We
have informed you of a forthcoming change to your Subscription or the Paid Content (as described in
sub-Clauses 5.3 or 5.5), or to these Terms of Sale that you do not agree to. If the change is
set to take effect or apply to you before the end of your current Subscription, We will issue you
with a pro-rated refund equal to the remaining time left in that Subscription. If the change
will not take effect or apply to you until the expiry of your current Subscription, the Contract
will end at the end of that Subscription period and you will continue to have access to the Paid
Content until that date.
|
| 12.2 |
If We have suspended availability of the
Paid Content for more than 48 hours, or We have informed you that We are going to suspend
availability for more than 48 hours, you may end the Contract immediately, as described in
sub-Clause 8.4. If you end the Contract for this reason, We will issue you
with a refund for the remainder of your subscription period.
|
| 12.3 |
If there is a risk that availability of
the Paid Content will be significantly delayed because of events outside of Our control, you may end
the Contract immediately. If you end the Contract for this reason, We will issue you with
a refund for the remainder of your subscription period.
|
| 12.3 |
If We inform you of an error in the price
or description of your Subscription or the Paid Content and you wish to end the Contract as a
result, you may end it immediately. If you end the Contract for this reason, We will issue you
with a refund for the remainder of your subscription period.
|
| 12.4 |
You also have a legal right to end the
Contract at any time if We are in breach of it. You may also be entitled to a full or partial
refund and compensation. For more details of your legal rights, please refer to your local
Citizens Advice Bureau or Trading Standards Office.
|
| 12.5 |
Refunds under this Clause 12 will be made
within 14 calendar days of the date on which your cancellation becomes effective, using the same
payment method that you used when purchasing your Subscription or bank transfer at our sole
discretion.
|
| 12.6 |
If you wish to exercise your right to
cancel under this Clause 12, you may inform Us of your cancellation by contacting support@moblse.com
providing Us with your name, address, email address, telephone number, and Subscription ID.
|
| 12.7 |
We may ask you why you have chosen to
cancel and may use any answers you provide to improve Our content and services, however please note
that you are under no obligation to provide any details if you do not wish to.
|
| 13.1 |
We will be responsible for any foreseeable
loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the
Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious
consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is
created. We will not be responsible for any loss or damage that is not foreseeable.
|
| 13.2 |
Our Paid Content is intended for
non-commercial use only. We make no warranty or representation that the Paid Content is fit for
commercial, business or industrial use of any kind. We will not be liable to you for any loss
of profit, loss of business, interruption to business, or for any loss of business
opportunity.
|
| 13.3 |
If, as a result of Our failure to exercise
reasonable care and skill, any digital content (including but not limited to Paid Content) from Our
Site damages your device or other digital content belonging to you, We will either repair the damage
or pay you appropriate compensation. Please note that We will not be liable under this
provision if:
| 13.3.1 |
We have informed you of the problem and
provided a free update designed to fix it, but you have not applied the update; or
|
| 13.3.1 |
The damage has been caused by your own
failure to follow Our instructions; or
|
| 13.3.1 |
Your device does not meet any relevant
minimum system requirements that We have made you aware of before you purchased your
Subscription.
|
|
| 13.2 |
Nothing in these Terms of Sale seeks to
limit or exclude Our liability for death or personal injury caused by Our negligence (including that
of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
|
| 13.2 |
Nothing in these Terms of Sale seeks to
exclude or limit your legal rights as a consumer. For more details of your legal rights, please
refer to your local Citizens Advice Bureau or Trading Standards Office.
|
| 17.1 |
We may transfer (assign) Our obligations
and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this
may happen, for example, if We sell Our business). If this occurs, you will be informed by Us
in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and
Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party
who will remain bound by them.
|
| 17.2 |
You may not transfer (assign) your
obligations and rights under these Terms of Sale (and under the Contract) without Our express
written permission. We may not permit the assignment if your account is in arrears.
|
| 17.3 |
The Contract is between you and
Us. It is not intended to benefit any other person or third party in any way and no such person
or party will be entitled to enforce any provision of these Terms of Sale.
|
| 17.4 |
If any of the provisions of these Terms of
Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority,
that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The
remainder of these Terms of Sale shall be valid and enforceable.
|
| 17.5 |
No failure or delay by Us in exercising
any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by
Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent
breach of the same or any other provision.
|
| 17.6 |
We may revise these Terms of Sale from
time to time in response to changes in relevant laws and other regulatory requirements. If We
change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance
notice of the changes and provide details of how to cancel if you are not happy with them (also see
sub-Clause 12.1 above).
|
| 18.1 |
These Terms of Sale, and the relationship
between you and Us (whether contractual or otherwise) shall be governed by, and construed in
accordance with the law of England & Wales.
|
| 18.2 |
If you are a consumer, you will benefit
from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1
above takes away or reduces your rights as a consumer to rely on those provisions.
|
| 18.3 |
If you are a consumer, any dispute,
controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the
relationship between you and Us (whether contractual or otherwise) shall be subject to the
jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your
residency.
|
| 18.4 |
If you are a business, any disputes
concerning these Terms and Conditions, the relationship between you and Us, or any matters arising
therefrom or associated therewith (whether contractual or otherwise) shall be subject to the
exclusive jurisdiction of the courts of England & Wales.
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