Terms & Conditions

Agreement to Terms

These terms and conditions of use (“Agreement”) constitute the legally binding agreement made between you, whether personally or on behalf of any entity (“you”, “user”, “your”) and MoonFire Ltd (“Moonfire”, “we”, “us”, or “our”) concerning the access to and use of the mylocket.uk website (“Website”), “My Locket UK” mobile application (“Mobile Application”) and any of their related media form, media channel or products and services (collectively, “Services”, “site”). By accessing the Site and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND MUST DISCOUNTINUE USE EMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Terms of Use at any time and for any reason. We will alert you about any changes by updating the “last updated’ date of the Terms of Use, and you waive any right to receive specific notice of each such change.  Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of use by your continued use of the Site after the date such revised Terms of use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contract to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

You acknowledge that this Agreement is a contract between you and MoonFire Ltd, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

FAIR USAGE POLICY

You may use LOCKET for legitimate private and personal use only. You must not use our services for commercial or business uses or any non-personal or non-private use. You must not use our services in connection with any criminal offence, in breach of any law or statutory duty, to take pictures or video or send, upload, download, use or re-use any material, which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax in breach of any Rights or anyone's privacy or is otherwise unlawful. You must not engage in the organised, fraudulent resale of our services. If we reasonably suspect you to be doing so, we reserve the right to take appropriate action to stop such resale.

When you store and retrieve a lot of data it slows things down for everyone. So to keep things fair, we keep an eye on how much data you, and all our members, are using.

We’ll monitor the amount of data you're using. If we reasonably believe that your usage is harming our Service or other members’ access or use of our Service then you will breach this Fair Usage Policy. Avoid uploading unreasonably large amounts of data. If we suspect you are in breach of this Fair Usage Policy, we may investigate your usage further to ascertain whether your data usage is in line with this Fair Usage Policy and take action.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, graphics and logos contained therein (the “Marks”) used in connection with the Services, are trademarks or registered trademarks of MoonFire Ltd or its licensors and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws and international conventions. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of MoonFire Ltd or third-party trademarks. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.  Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied whatsoever, without our express prior written consent and permission.

This Agreement does not transfer to you any intellectual property owned by MoonFire Ltd or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with MoonFire Ltd. 

Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and to download or print a copy of any portion of the Content to which you have property gained access solely for your personal, non-commercial use.  We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER PRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorised purpose; and (5) you use of the Site will not violate any applicable law or regulation.

ACCOUNTS AND MEMBERSHIP

You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Site or Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

USER CONTENT

We do not own any data, information or material (collectively, “User Content”) that you submit on the Site or Services in the course of using the Site or Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted User Content. We may monitor and review the User Content on the Site submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the User Content of your user account solely as required for the purpose of providing the Site or Services to you. Unless specifically permitted by you, your use of the Site and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the User Content created by you or stored in your user account for commercial, marketing or any similar purpose.

BILLING AND PAYMENTS

You may be required to purchase or pay a fee to access some of our services. You agree to provide, current, complete, and accurate purchase and account information for all purchases made via the Site.  You further agree to promptly update account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed.

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. We reserve the right to change products and product pricing at any time. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

CANCELLATION

You can cancel your subscription at any time.  Your cancellation will take effect at the end of the current paid term. 

If you are unsatisfied with our services, please email us at info@moonfire.ltd.uk

ACCURACY OF INFORMATION

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

THIRD PARTY SERVICES

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against MoonFire Ltd with respect to such other services. MoonFire Ltd is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting MoonFire Ltd to disclose your data as necessary to facilitate the use or enablement of such other service.

UPTIME GUARANTEE

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or the use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

BACKUPS

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimise the impact and downtime.

USER DATA

We will maintain certain data that you transmit to the Site and Service for the purpose of managing the performance of the Site and services, as well as data relating to your use of the Site and Services.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site and Services.  You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ADVERTISEMENTS

During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

LINKS TO OTHER RESOURCES

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, MoonFire Ltd will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

PROHIBITED USES

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet; (k) disparage, tarnish or otherwise harm, in our opinion, us and/or the Site; (l) attempt to impersonate another user or person or use the username of another user; (m) except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; (n) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise. We reserve the right to terminate your use of the Site and Services for violating any of the prohibited uses.

DISCLAIMER OF WARRANTY

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will MoonFire Ltd, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of MoonFire Ltd and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one pound or any amounts actually paid in cash by you to MoonFire Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold MoonFire Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Site and Services, breach of Terms of Use or any wilful misconduct on your part.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.  We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to the indemnification upon becoming aware of it.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of England without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in England, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

ASSIGNMENT

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

CONTACTING US

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://www.moonfire.ltd.uk/contact

info@moonfire.ltd.uk

This document was last updated on June 8th, 2022