Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions (Conditions) on which we supply the services (Services), as defined in clause 2 below, from our website http://messagetothemoon.com (our site) to you. Please read these terms and conditions carefully before ordering Services from our site. You should understand that by ordering our Services, you agree to be bound by these terms and conditions. You should print or save a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order Services from our site.
1. INFORMATION ABOUT US http://messagetothemoon.com/ is a site operated by MttM Limited (we). We are registered in Jersey under company number [106863 ] with our registered office at [Monitor Holdings Limited, Portman House, Hue Street, St Helier, Jersey, JE4 5RP] and main trading address at [see registered office].
2.1 Subject to us receiving your payment in accordance with clause 8, we will arrange for your message of up to [?] characters in size or a drawing of up to [size] to be stored on a microchip intended to be carried to the moon on a commercial space mission operated by Odyssey Moon Limited (OML). Your message must either be uploaded to our site or sent to us by SMS text message. Provided that you let us have your email address, you will receive regular updates of progress and a certificate of confirmation on the occurrence of each of the following events: (i) that the mission/message has been launched; that it is in orbit around the moon; and (iii)that it has landed on the moon.
2.2 You will also receive regular email newsletters containing informative and educational material relating to science, technology and space travel, unless you opt out by ticking the appropriate box on our site. It is proposed that such newsletters will be prepared in conjunction with OML. The newsletters will contain no marketing content. The newsletters will be provided on the basis of these Conditions.
2.3 IMPORTANT: Due to the nature of space travel, we cannot guarantee that the mission will launch or arrive at its destination, nor can we guarantee that the microchip carrying your message will not be removed from the mission before launch for safety or other reasons, though we will take all steps reasonable to ensure that is the microchip will not be removed from the mission before launch. You understand that the events set out above are at your risk and that in the event that any of those events occur, we will have no further responsibility or liability to you, including any liability to refund to you your payment.
3. YOUR STATUS By placing an order for Services through our site, you warrant that: (a) You are legally capable of entering into binding contracts; [and] (b) You are at least 18 years old; or (c) You are under 18 years old but have obtained the consent of a parent or guardian to place an order through our site ; and (d) You are able to comply with payment obligations as set out in clause 12,
4. OUR STATUS
4.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking or warranty that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, fit for their purpose or provided with reasonable skill and care and any and all such warranties for products or services provided by third parties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
4.2 We acknowledge that Orders for Services may be placed on our site by customers from outside the UK. We have made all reasonable attempts to ensure that our terms of supply do not conflict with the laws and regulations of individual countries. If you consider that any of these Conditions or any other material on our site are infringe any of the laws or regulations which apply in your country, please advise us immediately and we will take appropriate steps to rectify the position. Additionally, clause 22 will apply.
5. SUPPLY OF SERVICES
5.1 We shall supply the Services in accordance with clause 2 above in all material respects.
5.2 You understand that any performance dates specified are estimates only and ultimately at the discretion of OML and time shall not be of the essence for performance of the Services. You are advised to read clause 12 "Events Out of Our Control" for further terms and conditions in this regard.
5.3 We shall have the right to make any changes to the Services which are necessary or desirable to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.
5.4 We warrant to you that the Services will be provided using reasonable care and skill.
5.5 All other terms implied by the law applicable in the country in which you place your Order, including without limitation as to quality, skill and care and time for performance are, to the extent permitted by that applicable law, excluded.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 After placing an order for Services (Order), we will send you an e-mail [SMS text message?] [acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. The Order constitutes an offer by you to purchase Services from us in accordance with these Conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail [SMS text message?] that confirms that we have received your payment and we will provide the Services (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
6.2 The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract. Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or any other contract between us and you for the supply of the Services.
6.3 These Conditions apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
7. YOUR OBLIGATIONS
7.1 You shall: (a) be responsible for ensuring that the information you provide (such as your email address) is complete and accurate; (b) co-operate with us in all matters relating to the Services; (c) be responsible for notifying us if entering into the Contract is illegal in the country in which you place the Order; (d) ensure your message is: (i) within the size limits set out at clause 2.1;and (ii) not offensive, defamatory, illegal, immoral, abusive, obscene or likely to cause offense.
7.2 If you fail to comply with clause 7.1 above or any other obligation in these Conditions (Your Default): (a) we shall have the right to suspend performance of the Services until you remedy Your Default; (b) if we decide (in our absolute discretion) that Your Default is sufficiently serious, we shall have the right to terminate this Contract but we shall not be obliged to return your payment to you; (c) we shall not be obliged to perform, or be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform, any of our obligations under these Conditions;
8. PRICE AND PAYMENT
8.1 The price you pay for the Services is the appropriate amount for the currency in which you make payment, as set out on our site. Transaction fees are payable when paying with PayPal and will be charged at 20p.
8.2 Payment for messages sent by email shall be made by credit or debit card or via a valid Pay Pal account. We accept payment with [ Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit, JCB, Visa Electron and Maestro ]
8.3 Payment for messages sent by SMS text message shall be made via SMS text message and you confirm that you are aware that the price for the Services will be deducted from your mobile phone credit or added to your bill.
8.4 You confirm that: (a) You are aged under 18 and have the bill payer's permission to make a payment via credit or debit card, or Pay Pal; or (b) You are aged 16 or over and are making payment with your own debit card or Pay Pal account; or (c) You are aged 18 or over and are making payment with your own credit card; or (d) You are aged under 18 and you understand that the price for the Services will be deducted from your mobile phone credit; or (e) You are aged under 18 and have the mobile phone bill payer's permission to make a payment by mobile phone credit.
8.5 You are entitled to make payment in any currency permitted by our site but you understand that your credit card issuer, bank or mobile network operator (or similar) my make a charge if you pay in a currency other than that of your country, and that the exchange rate may be detrimental to you. You agree to bear all such costs, charges and expenses.
9. INFORMATION YOU PROVIDE TO US
9.2 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (Content): (a) you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice; (b) you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; (c) you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and (d) we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
9.3 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
9.4 You warrant and undertake that you will not use our site for any purpose that is illegal or prohibited by these Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to our site or refuse to provide Services to any person who fails to comply with these Conditions.
10.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
11. REFUND POLICY:
If you change your mind about participating in 'Message to the Moon' and wish to have your payment refunded you must contact and advise MttM Ltd of your wish for a refund within seven days of submitting your message to MttM Ltd. You can contact MttM Ltd by e mail at firstname.lastname@example.org or by post at Carlton House, 5 Herbert Terrace, Penarth, CF64 2AH.
11.1 IMPORTANT: Due to the experimental nature of space travel, we cannot guarantee that the mission will launch or arrive at its destination, nor can we guarantee that the microchip carrying your message will not be removed from the mission before launch for safety or other reasons, though we will take all steps reasonable to ensure that is the microchip will not be removed from the mission before launch. You understand that the events set out above are at your risk and that in the event that any of those events occur, we will have no further responsibility or liability to you, including any liability to refund to you your payment. However, please see clause 11.3(b) below which tells you what we will do with the monies received in these circumstances.
11.2 If either the mission is cancelled or suspended or the mission fails to launch for any other reason by 31st December, 2014, we intend to donate all payments for the Services (less a fair deduction for administrative and other costs and expenses) to a registered charity or charities of our choice for them to use for space education related charitable purposes, for example trips to space centres around the world (see our site for further details). We will encourage the charity or charities to run competitions and that participation in these activities will be open to those buying Services from our site.
11.3 We will not provide your Personal Information to any other person (other than as set out in clause 9.1(f) of the Terms and Conditions.
11.4 Whether or not the mission launches, we intend to donate substantial sums to educational and space-related charities for use for charitable purposes.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.4 We will do everything reasonable within our control to ensure that the space mission goes ahead. In the event that the commercial space mission operated by Odyssey Moon Limited; (a) fails to launch, or (b) we are advised that there will be significant delay in the completion of the mission for any reason; we will advise you as soon as reasonably possible via email.
12.5 We will not provide refunds for any Orders made up to the date when we notify you that any of the events in clause 11.4 have occurred..
12.6 In the event that any of the circumstances in clause 11.4 occur, we propose to apply the funds, less administration charges, for charitable purposes and select a number of individuals who have placed Orders for Services to participate in educational activities, including for example trips to space centres around the world, see web site for further examples.
12.7 You confirm that by agreeing to these Conditions, you acknowledge the circumstances in which a refund of any funds paid to us will not be given.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us.
13.2 You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on our obtaining a written licence from the relevant licensor on such terms as will entitle us to license such rights to you.
14. OUR LIABILITY
14.1 Our liability for losses you suffer as a result breach of this agreement by us is strictly limited to the purchase price of the Services you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
14.2 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any deliberate breaches of these Conditions by us that would entitle you to terminate the Contract. (e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Conditions by us that would entitle you to terminate this Contract, including but not limited to: (a) loss of income or revenue (b) loss of business (c) loss of profits or contracts (d) loss of anticipated savings (e) loss of data by the Customer provided that this clause 13.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.1 or clause 14.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 14.3.
14.4 Where you buy any product or services from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
15.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing of the breach.
15.2 Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you: (a) if you fail to pay any amount due under this Contract on the due date for payment; or (b) under clause 7.2 (b); or
15.3 if we suspect or obtain evidence to indicate that you: (i) are not authorised to make payment in accordance with clause 8; or (ii) are aged under 14 and do not have the consent of a parent or guardian to enter into the Contract; or (iii) are aged under 14 and we are unable to verify that you have the consent of a parent or guardian; or (iv) have provided inaccurate personal data (including your age and/or email address).
16. CONSEQUENCES OF TERMINATION
16.1 On termination of the Contract for any reason: (a) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and (b) clauses which expressly or by implication have effect after termination shall continue in full force and effect. (c) we will delete any personal data or information we hold about you.
16.2 If you terminate the Contract as a result of our breach of Contract (but not otherwise), we will refund to you the payment you have made to us.
17. WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail [or SMS text message] or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18. NOTICES All notices given by you to us must be given to MttM Limited at [email@example.com]. We may give notice to you at the e-mail you provide to us when placing an order, or in any of the ways specified in clause 18. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The Contract between us is binding on us and on our respective successors and assigns.
19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17.
21. SEVERABILITY If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT
22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
23. OUR RIGHT TO VARY THESE CONDITIONS
23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Conditions).
24. LAW AND JURISDICTION Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.