Terms of Sale
MOSAIC MEDIATION
DIGITAL CONTENT - TERMS OF SALE
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out
the terms under which Paid Content, is sold by Us to consumers through this website,
https://mosaicmediation.vipmembervault.com/ or this site www.mosaicmediation.co.uk (both
sites come under the definition of “Our Site”). Please read these Terms of Sale carefully and
ensure that you understand them before purchasing Paid Content. You will be required to
read and accept these Terms of Sale when ordering the Paid Content. If you do not agree to
comply with and be bound by these Terms of Sale, you will not be able to purchase and
access Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts
are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following
expressions have the following meanings:
“Contract” means a contract for the purchase of Paid Content, as
explained in Clause 6;
“Paid Content” means the digital content sold by Us through Our Site;
“Payment
Confirmation”
means our acceptance and confirmation of your
purchase of Paid Content;
“We/Us/Our” means Mosaic Mediation whose registered address is
33 Holmdale Road, Gosport, PO12 4PJ.
2. Information About Us
2.1 Our Site, https://mosaicmediation.vipmembervault.com/ and
www.mosaicmediaton.co.uk is operated by Mosaic Mediation, whose
registered address is 33 Holmdale Road, Gosport, PO12 4PJ.
2.2 Emma Jenkings, Owner of Mosaic Mediation, is regulated by the Civil
Mediation Council.
3. Age Restrictions
Consumers may only access Paid Content through Our Site if they are at least 18 years
of age.
4. Business Customers
These Terms of Sale do not apply to customers accessing Paid Content in the course
of business. If you are a business customer, please consult our Business Terms of Sale.
5. Paid Content, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions of Paid Content
available from Us correspond to the actual Paid Content that you will receive.
5.2 Please refer to Clause 10 if the Paid Content is incorrect.
5.3 We may from time to time change Our prices. We will inform you of any
change in price at least 14 calendar 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.
5.4 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.
5.5 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 7-10 calendar 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.
5.6 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 the
Paid Content. Please note that this does not prevent Us from enhancing the
Paid Content, thereby going beyond the original description.
5.7 We make all reasonable efforts to ensure that all prices shown on Our Site are
correct at the time of going online. 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 Paid Content 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 14 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 Paid Content 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 Paid Content 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.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the process of purchasing the Paid Content.
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 the Paid Content constitutes a contractual offer that We
may, at Our sole discretion, accept. Our acknowledgement of receipt of your
order does not mean that we have accepted it. Our acceptance is indicated by
Us sending you a Payment Confirmation by email. Only once We have sent
you a Payment Confirmation will there be a legally binding Contract between
Us and you.
6.4 Payment Confirmations shall contain the following information:
6.4.1 Your user ID which you use to access the Paid Content;
6.4.2 Confirmation of the Paid Content ordered including full details of the
main characteristics of the Paid Content;
6.4.3 Fully itemised pricing for your Paid Content including, where
appropriate, taxes, and other additional charges;
6.4.4 The duration of any Subscription (including the start date, and the
expiry date, and/or the 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;
6.5 In the unlikely event that We do not accept or cannot fulfil your order for any
reason, We will explain why in writing. No payment will be taken under normal
circumstances. If We have taken payment any such sums will be refunded to
you as soon as possible and in any event within 14 calendar days.
6.6 Any refunds under this Clause 6 will be issued to you as soon as possible, and
in any event within 14 calendar days of the day on which the event triggering
the refund occurs.
6.7 Refunds under this Clause 6 will be made using the same payment method
that you used when purchasing your Paid Content.
7. Payment
7.1 Payment for Paid Content must always be made in advance. Your chosen
payment method will be charged when we process your order and send you a
Confirmation of payment received.
7.2 We accept the following methods of payment on Our Site:
7.2.1 Visa;
7.2.2 American Express;
7.2.3 Mastercard;
7.2.4 Some other credit cards;
7.3 If you do not make any payment due to Us on time, We will suspend your
access to the Paid Content. For more information, please refer to sub-Clause
8.5. If you do not make payment within 14 calendar days of Our reminder, We
may cancel the Contract. Any outstanding sums due to Us will remain due and
payable.
7.4 If you believe that We have charged you an incorrect amount, please contact
Us at enquiries@mosaicmediation.co.uk as soon as reasonably possible to let
us know. You will not be charged for Paid Content while availability is
suspended.
8. Provision of Paid Content
8.1 Paid Content appropriate to your order will be available to you immediately
when We send you a Payment Confirmation and will continue to be available
for the duration of any Subscription (including any renewals), or until you end
the Contract.
8.2 When you place an order for the Paid Content, 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:
8.3.1 To fix technical problems or to make necessary minor technical
changes;
8.3.2 To update the Paid Content to comply with relevant changes in the law
or other regulatory requirements;
8.3.3 To make more significant changes to the Paid Content, as described
above in sub-Clause 5.5.
8.4 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). You will not be charged while availability is suspended and any
Subscription will be extended by a period equivalent to the length of the
suspension. If the suspension lasts (or We tell you that it is going to last) for
more than 14 calendar days, you may end the Contract as described below in
sub-Clause 12.2.
8.5 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 14 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. You will not be charged for any Paid Content
while provision is suspended.
8.6 Any refunds under this Clause 8 will be issued to you as soon as possible, and
in any event within 14 calendar days of the day on which the event triggering
the refund occurs.
8.7 Refunds under this Clause 8 will be made using the same payment method
that you used when purchasing the Paid Content.
9. Licence
9.1 When you purchase the Paid Content, We will grant you a limited, nonexclusive, 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 may not misrepresent the Paid Content (or any part of it) so that it
misconstrues the true meaning or intention of the content. Nor may
you portray to any person, organisation or business entity that any Paid
Content (or any part of it) belongs to, or was in any way created by,
you.
10. Problems with the Paid Content
10.1 By law, We must provide digital content that is of satisfactory quality, fit for
purpose, and as described. If any Paid Content 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
enquiries@mosaicmediation.co.uk or visit the contact page on Our Site
www.mosaicmediation.co.uk/contact to inform Emma Jenkings – the Owner of
Mosaic Mediation - of the problem.
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 the Paid Content.
10.6 For further information on your rights as a consumer, please contact your local
Citizens’ Advice Bureau or Trading Standards Office.
11. Cancelling Your Subscription or Contract
11.1 If you are a consumer in the European Union, 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 Payment 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 purchase the Paid Content by mistake (or allow your Subscription to
renew by mistake), please inform Us as soon as possible and do not attempt to
access any Paid Content. Provided you have not accessed any Paid Content
since the start date (or renewal date, as appropriate) of the Subscription or
Contract, We will be able to cancel the Subscription and issue a full refund. If
you have accessed any Paid Content once the Subscription or Contract has
started, We will not be able to offer any refund and you will continue to have
access to the Paid Content for the remainder of the Subscription or Contract
(up until the renewal or expiry date, as applicable).
11.4 If you wish to exercise your right to cancel under this Clause 11, you may
inform Us of your cancellation in any way you wish. Cancellation by email or
by post is effective from the date on which you send Us your message. If you
would prefer to contact Us directly to cancel, please use the following details:
11.4.1 Telephone: 02393 115 315;
11.4.2 Email: enquiries@mosaicmediation.co.uk ;
11.4.3 Post: Emma Jenkings, Mosaic Mediation, 33 Holmdale Road, Gosport,
PO12 4PJ;
In each case, providing Us with your name, address, email address,
telephone number, and User ID.
11.5 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.
11.6 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.
11.7 Refunds under this Clause 11 will be made using the same payment method
that you used when purchasing your Subscription or Paid Content.
12. Your Other Rights to End the Contract
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 or Contract, We will issue you with a pro-rated refund equal to
the remaining time left in that Subscription or Contract. 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 or Contract 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 14 days,
or We have informed you that We are going to suspend availability for more
than 14 days, you may end the Contract immediately, as described in subClause 8.4. If you end the Contract for this reason, We will issue you with a full
refund if less than 25% of the Paid Content has been accessed.
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 and if less than 25% of
the Paid Content has been accessed, We will issue you with a full refund.
12.4 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
full refund.
12.5 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.
12.6 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 the Paid Content.
12.7 If you wish to exercise your right to cancel under this Clause 12, you may do so
in any way you wish. If you would prefer to contact Us directly to cancel,
please use the following details:
12.7.1 Telephone: 02393 115 315;
12.7.2 Email: enquiries@mosaicmediation.co.uk ;
12.7.3 Post: Emma Jenkings, Mosaic Mediation, 33 Holmdale Road, Gosport
PO12 4PJ; in each case, providing Us with your name, address, email address, telephone
number, and User ID.
12.8 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. Our Liability to Consumers
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
13.3.2 The damage has been caused by your own failure to follow Our
instructions; or
13.3.3 Your device does not meet any relevant minimum system requirements
that We have made you aware of before you purchased the Paid
Content.
13.4 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.
13.5 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.
14. Contacting Us
14.1 If you wish to contact Us with general questions, cancellations or complaints,
you may contact Us by telephone at 02393 115 315, by email at
enquiries@mosaicmediation.co.uk, or by post at Emma Jenkings, Mosaic
Mediation, 33 Holmdale Road, Gosport, PO12 4PJ.
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use
all reasonable endeavours to ensure that your experience as a customer of
Ours is a positive one, We nevertheless want to hear from you if you have any
cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy
and procedure, available from www.mosaicmediation.co.uk/contact.
15.3 If you wish to complain about any aspect of your dealings with Us, please
contact Us in one of the following ways:
15.3.1 By post, addressed to: Emma Jenkings – Owner of Mosaic Mediation,
33 Holmdale Road, Gosport, PO12 4PJ;
15.3.2 By email, addressed to: Emma Jenkings at
emma.jenkings@mosaicmediation.co.uk;
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may use will be collected, processed, and
held in accordance with the provisions of EU Regulation 2016/679 General
Data Protection Regulation (“GDPR”) and your rights under the GDPR.
16.2 For complete details of Our collection, processing, storage, and retention of
personal data including, but not limited to, the purpose(s) for which personal
data is used, the legal basis or bases for using it, details of your rights and how
to exercise them, and personal data sharing (where applicable), please refer to
Our Privacy Policy.
17. Other Important Terms
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 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.
17.3 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.
17.4 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.
17.5 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 the Paid Content, 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. Law and Jurisdiction
18.1 These Terms and Conditions, 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
non-exclusive jurisdiction of the courts of England & Wales.