Terms of service
Last updated: May 16, 2024
Mojo Men Ltd is a company incorporated in England and Wales with our registered address at 15 Westland Place, London, N1 7LP (“Mojo”, “we”, “us” or “our”). We provide our community to you through this website and our related content, discussion forums and communications available on this website and application (together the “Platform”), subject to the following terms and conditions of use (as amended from time to time, the “Terms”).
1. Introduction
2. Changes to these Terms
3. Access and use of our Platform
4. Payment for access and services on our Platform
5.Conduct while engaging as part of the Community
6. Intellectual Property Rights
7. Indemnity
8. Availability of our Platform
9. Disclaimer of Liability
10. Linking to our Platform
11. Third party websites and resources
12. Termination
13. Miscellaneous
1. Introduction
Medical Disclaimer – Mojo’s aim is to provide useful resources to our users. Our Platform provides general wellbeing information only and is not designed or intended to provide you with medical advice, diagnosis, treatment or otherwise be used as a medical tool. Our Platform should not be used as a replacement for a qualified medical professional and you should seek medical advice from a qualified medical professional or specialist before taking, or refraining from, any action on the basis of, or in connection with, your use of our Platform.
These Terms set out the legal terms that apply to your use of our Platform and should be read in conjunction with our privacy policy, available here. You should pay particular attention to the Medical Disclaimer above and the “Disclaimer of liability” section below as this excludes or limits our legal liability in connection with your use of the Platform.
By accessing, browsing or otherwise using or registering to use our Platform, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Platform in any way. We recommend that you print and/or save a copy of these terms for future reference.
These Terms also apply to any use you make of the materials, documentation or content posted or made available on our Platform (including, but not limited to text, data, information, graphics, interfaces, logos, photographs, video and other media material made available) (together being the “Materials”).
2. Changes to these Terms
We make changes to these Terms and the Platform from time to time. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms that apply at that time. These Terms were last updated on the date at the start of these Terms.
3. Access and use of our Platform
You may use parts of our Platform that are available to users without registering for an account with us (if you do not register for an account, you will be an “unregistered user”). Some parts of our Platform are only accessible to users who have registered for an account (known as a “registered user”), and some parts are only accessible to users who subscribe to our services (known as a “subscribed user”); unregistered users, registered users and subscribed users are collectively referred to as a “user” or “you”.
The Platform is designed to allow you to access our video platform and discussion forums. The discussion forums are community sites where you can discuss your experiences with other users.
Our Platform and the Materials are presented solely for use in a private, personal and non-commercial capacity by people over 18 years old. Our Platform and the Materials are directed to people residing in the United Kingdom. We do not represent that our Platform or any Materials or services provided will be appropriate for use or available in other locations. If you choose to access our Platform from other locations you are responsible for ensuring such access complies with all applicable local laws.
You are responsible for making all arrangements necessary for you to have access to our Platform, including but not limited to an internet connection and that your device meets any necessary technical specifications, to enable you to access and use our Platform.
You are also responsible for ensuring that anyone who accesses our Platform through your internet connection is aware of these Terms and other applicable terms and conditions, and that they comply with them.
You are responsible for maintaining the confidentiality of your account details including your password, if any, and are fully responsible for any and all activities that occur whilst logged into your account. If you know or suspect that anyone other than you knows your user identification code and/or password, you must promptly reset your account details.
4. Payment for access and services on our Platform
You may access our Platform as an unregistered user, a registered user or a subscribed user.
Unregistered User
The most basic way in which you can access our Platform is without an account or a subscription, as an unregistered user. Access to unregistered users is provided free of charge. As an unregistered user, you have access to some of the Materials (such as the blog). Your use of our Platform will be governed by all of these Terms except the “Registered User” and “Subscribed User” sections below.
Registered User
If you create an account with us but do not pay for a subscription, you will be a registered user. We will need to collect more of your Personal Data (as defined in the Privacy Policy), but you will be able to interact with other registered users on our Platform and have access to a number of additional services. Access to registered users is provided free of charge. Your use of our Platform will be governed by all of these Terms except the “Subscribed User” section below.
Subscribed User
If you wish to access certain Materials on our Platform, including group sessions (collectively, the “Subscription Services”), you will need to purchase a subscription (unless you access the Subscription Services as an expert – in which case, different terms will apply).
You may submit a request to access the Subscription Services at any time. Our acceptance of your request will take place when we grant you access to the Subscription Services, at which point a contract will come into existence between you and us. If we are unable to accept your request, we will inform you of this and will not charge you for a subscription.
In order to access the Subscription Services, you may be required to select a payment plan and provide us with your debit or credit card, or other payment information. You confirm that the payment information you provide to us is correct and that you are authorised to use that payment instrument. You also agree to keep your payment information updated at all times (for example, updating your billing address or credit card expiration date as required).
We accept the following payment methods:
Credit Card;
Debit Card;
Apple Pay; and
Google Pay
By providing your payment details, you agree to pay us the amount specified in the payment plan and you authorise us to take payments using the payment instrument provided, on a periodic basis in advance of any renewal (see “Automatic renewal and cancellation” below) until you cancel your subscription. You also agree to pay any additional one-off or subscription charges incurred through your account. All prices quoted on our Platform include VAT and any sales tax.
Automatic renewal, cancellation and refunds:
We will supply the Subscription Services to you until you cancel your subscription. All subscriptions will automatically renew at the end of any free trial offered to you and we will take payment for the renewal subscription period at the end of your existing subscription period unless you cancel it before the end of your existing subscription period.
Unless you cancel your subscription in accordance with the above, you understand that your subscription will automatically renew and you authorise us, without further notice to you, to collect the applicable subscription amount using the payment method provided by you.
If we cannot use the payment method to collect payment of the subscription amount, your subscription and access to the Subscription Services will be suspended.
We reserve the right to change our prices from time to time. If we do change our prices, we will notify you of the change on the Platform or by email, at least thirty (30) days before the change is to take effect. Any changes to subscription costs will not affect your existing subscription. Any renewals for the Subscription Services after the price change becomes effective will be charged at the new prices.
You can change your mind and cancel a subscription within 14 days of any payment and we will refund your payment.
If the Subscription Services are faulty or misdescribed, you may have a legal right to end your contract with us for the Subscription Services.
If you are entitled to a refund under these Terms we will refund the relevant amount, by the method you used for payment.
Disputes:
If you dispute any charges, you must let us know as soon as possible (ideally within sixty (60) days after the date of the charge).
If you have any concerns or objections regarding charges, please raise them with us first, please do not cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt to contact us to resolve the matter directly with us.]
5.Conduct while engaging as part of the Community
Any contribution made to our community, including any posts in discussion forums (“User Content”) must comply with the conditions set out in our community guidelines.
By submitting User Content, you agree and confirm that it complies with these Terms; it does not infringe any law or third party rights; and that it has not been copied from any third party without permission to do so.
6. Intellectual Property Rights
There are various legal rights such as intellectual property rights (“IPR”) that attach to our Platform, including trademarks in our branding (e.g. the Mojo name and logos (“Mojo Trademarks”), are our trademarks and service marks), copyright in the Materials and the way in which our Platform is structured.
We are the owner or the licensee of all IPR in our Platform, and in the Materials. The Materials are provided by you, us or by a third party, and the Materials are the responsibility of the person that submits them to the Platform. Except as otherwise set out in these Terms, we reserve all our rights in and to our Platform and the Materials we provide. Nothing in these Terms or our Platform should be construed as granting, by implication or otherwise, any license or right to use any of Mojo Trademarks, without our prior and specific written permission. All goodwill generated from the use of Mojo Trademarks will be for our exclusive benefit.
You will retain any ownership rights you have in User Content you provide. By uploading any User Content, you grant us and our affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to store, modify (where reasonably necessary to allow publication), copy and publish User Content and to make it available to third parties.
If you wish to keep your User Content confidential or do not want to grant us such rights, then do not submit any User Content.
You acknowledge and agree that any other questions, comments, suggestions, ideas, feedback or other information about our Platform that is provided by you via support@mojo.so or is otherwise communicated directly by you to Mojo (“Submissions”), will be considered non-confidential and non-proprietary. We will be entitled to unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You must not (nor permit any third party to) change, edit, manipulate or deface any Materials that are shared. The relevant parts of these Terms will continue to apply to any content shared (including the terms applicable to User Content in section 5) and any right to share our Materials is conditional upon you including: (a) an acknowledgement of our status as the source of the Materials copied; (b) a statement that these Terms apply to any use of the Materials; and (c) a link back to our Platform and these Terms. We reserve our right to take any appropriate legal action required to protect or enforce our (or a third party’s) legal rights if you misuse or otherwise abuse our Platform or any of the Materials in any way, or if you infringe any IPR in any way.
You acknowledge and agree that we may disclose any Materials (including User Content or Submissions) and/or your identity if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Materials violate the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the public. You understand that the technical processing and transmission of our Platform, including any User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Indemnity
You agree and confirm that your use of our Platform and all User Content you provide will comply with these Terms, and you will be liable to us and our affiliate companies, and indemnify us for any breach of this. This means you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.
8. Availability of our Platform
While we will endeavour to ensure that our Platform is accessible 24 hours a day, we cannot guarantee that our Platform will operate continuously or without interruptions or be error free. We are not liable for any loss or inconvenience you may suffer should our Platform or any of its Material become unavailable at any time or for any period.
You must not attempt to interfere with the proper working of our Platform and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, device, server, website, router or any other Internet connected device.
Access to our Platform is permitted on a temporary basis and we may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We also do not guarantee that our Platform will be free from bugs.
9. Disclaimer of Liability
Please see our Medical Disclaimer above.
Nothing in these Terms affect your statutory rights. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
Whilst we make efforts to try and ensure that any Materials on our Platform will be free from infection, viruses and/or other harmful code, we cannot and do not guarantee that it will be so. As a user of our Platform, please understand that you are solely responsible for implementing sufficient procedures and virus checks (including anti-virus, firewall and other security protection) on any system or equipment you might use to access our Platform. As such and expect as set out below, we are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Except as set out in the remainder of these Terms (including this section 9) and to the extent permitted by applicable law, if we and our affiliated companies are found to be liable to you in any way whatsoever for any damage or loss which arises in any way out of, or is in any way connected with, your use of our Platform, our total, aggregate liability shall not exceed the total of GBP 100 (one hundred pounds).
You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. Linking to our Platform
You may link to our Platform’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Platform must not be framed on any other website, nor may you create a link to any part of our Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with these Terms, including the terms applicable to User Content in section 5.
If you wish to link to or make any use of the Materials other than that set out above, please contact support@mojo.so.
11. Third party websites and resources
Where our Platform contains links to third party websites and resources (“Third Party Site”), these links are provided for your information only. The inclusion of any link to a Third Party Site should not be taken to mean any endorsement by us of that Third Party Site, its owner, or any specific content.
When you access any other Third Party Site using a link from our Platform, you understand that it is independent from us and that the Third Party Site may be subject to separate terms and conditions. You should read any such terms and conditions and address any complaints or queries relating to such Third Party Site with the operator of that Third Party Site. Access to a Third Party Site is entirely at your own risk.
12. Termination
If you decide to fully terminate your relationship with us, you can do so in writing at any time using the contact details at the end of these Terms. Where you access the Subscription Services or any paid for digital content, any termination is subject to the “Automatic renewal and cancellation” section above.
We will continue to store your Personal Data, in accordance with our Privacy Policy and data protection laws.
If you have an active subscription or an account with us and you request your data to be deleted, your subscription or your account will be terminated. We will provide you further information about the process before fulfilling your request
You are welcome to re-join us again at any time. Please contact us to create a new account or subscription, or, if appropriate, arrange for your account or subscription to be re-activated.
13. Miscellaneous
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Any failure by us to enforce our rights or remedies under these Terms or otherwise shall not be construed as a waiver by us of those or any other rights or remedies.
These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
