Terms & Conditions

mooVmoo.com

TERMS & CONDITIONS

• WHO, WHAT AND WHERE
  • MooVmoo Ltd (Company Number 08869961) of 145-157 St. John Street, London EC1V 4PW, England (mooVmoo) grants you a non-exclusive, limited and revocable licence to use and access the mooVmoo website (www.moovmoo.com) and/or mobile application (Platform) subject to these terms and conditions (Terms).
  • In these Terms, “us”, “we” and “our” refer to mooVmoo and references to “you” and “your” is to you, the user.
  • By using the Platform you agree to be bound by these Terms. If you do not agree with these Terms you must immediately stop using the Platform. You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
• PLATFORM & SERVICES
  • mooVmoo may offer you access to controlled areas of the Platform, where registers users can submit video and image files, select music and provide director’s notes (Your Content) from which mooVmoo provides video editing, production and related services (Services) to create a short movie (mooVie).
  • You must register an account in order to access the Services. Until registered, you are a “user” and you do not have the authority, implied or express, to access the Services, and mooVmoo disclaims all liability in relation to your use of the Platform.
  • You must cooperate with us and comply with all reasonable requirements, including information and documents relating to the Services.
• REGISTRATION
  • You may register an account by providing the information requested on the Platform (including full name, emil address, country) and creating a password [or using account details with certain third party service providers (including Facebook)]. You may provide further information to create a user profile – including picture, gender and date of birth.
  • We may accept, reject, suspend or remove any registration in our absolute discretion and without any recourse.
  • You acknowledge that mooVmoo and its editors rely on the accuracy and completeness of information provided by the Service Providers during the registration process. You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform.
  • You must use your username and password to access the Platform. It is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
• TERMS OF SERVICE

All Services are subject to availability and supplied via the Platform subject to these Terms:

• Upload & Order
  • You will be guided on the Platform through the steps required to upload Your Content (including providing director’s notes, selecting music, uploading files) You will be required to select the duration of movie, being either 1, 3 or 5 minutes. Specifications for Your Content will be identified on the Platform and are subject to change at any time. In limited circumstances only, we may accept instructions and Your Content outside of the Platform.
  • Your director’s notes must include all necessary instructions for creating the mooVie and remain solely responsible for all details and any errors in Your Content. Should you wish to change any Your Content, you must contact mooVmoo as soon as possible. We cannot guarantee changes will be possible, after Your Content has been provided to our video editors.
  • We may reject Your Content, including if we discover any breach of these Terms, concern as to legitimacy or, or we identify an error in the price or specifications of the Services. We may give you the choice to vary the Your Content.
  • By completing an order for Services, you agree to Your Content as uploaded (including the duration of video footage determined by the Platform).
  • You shall be notified by email of each confirmed order for Services and have sole responsibility for monitoring emails for confirmation and any further requests for information or payment necessary to complete the Services.
• Prices & Payment
  • All prices for the Services are inclusive of VAT (if any) and subject to change at any time.
  • You will pay an initial amount for Services, plus any additional amount calculated by reference to the duration of video footage included in Your Content. You agree and accept that the video duration and resulting price determined by the Platform shall be binding in the absence of manifest error. mooVmoo may charge you additional fees and charges as specified on the Platform.
  • If any additional amounts remain unpaid after 14 days of completing an order for Services, we may delete Your Content and any movie, without refunding any amounts already paid.
  • Payments must be made in advance by PayPal, credit card or any other payment method specified on the Platform. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on any credit or debit card to pay for all fees and charges.
  • If any amount due remains unpaid, we may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
  • You agree to pay any duties or taxes with respect to the Services.
• Cancellation & Refunds
  • If you are a consumer, you may have a legal right to cancel any order for Services. Nothing in these Terms affects your rights at law, including under the Consumer Protection Act 1987, which cannot be excluded or limited.
  • You must cancel any Services as soon as possible via the Platform, within 24 hours after confirmation of any order of Services.   If Services are not cancelled before that time, we may charge the full amount (including retaining any price already paid) or an administrative fee (including as specified on the Platform).
  • mooVmoo reserves the right to decide whether or not to make a refund, arrange re-performance or provide a service credit for any cancelled Services. Any refund may be made up to 30 days after notice is given.
• Services & mooVie
  • Whilst every effort will be made to perform Services and deliver your mooVie within 72 hours (in any event, within 7 working days), we cannot guarantee delivery times, including where delay is caused by factors outside our control. We will endeavour to inform you of any unavailability or delay.
  • You will be notified by email when we have completed the Services.
  • You must login to the Platform to access and watch your mooVie.
  • You agree to communicate within 24 hours of download (and in any event within 7 days) any and all complaints or grievance relating to the Services to us and comply with any policies on the Platform as may be varied from time to time. If you do not notify us otherwise, we shall deem acceptance of the quality and content of each mooVie.
  • You have no right to object to work on the basis of style or composition, or any reasonable interpretation of Your Content. We may determine in our absolute discretion whether to recut any mooVie that mooVmoo determines does not reasonably comply with Your Content.
  • If you want to share or keep it, you agree to download your mooVie from the Platform. We agree to hold the movie for up to 60 days after notice that we have completed the Services. After that time we are not responsible for keeping or securing the mooVie and may charge you for retrieving any archived copy (if possible).
• Promotions & Offers
  • We may run promotional offers, provide service credits or vouchers for Services. The terms of any promotions, service credit or voucher shall be determined by mooVoo, including as specified on our website or in emails.
  • Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of any such offer and end such offer at any point.
• YOUR MOOVIE
  • Subject to compliance with these Terms, upon completion of the Services, to the extent that we may at any time acquire any copyright or other intellectual property rights in the Your Content or the mooVie, we agree to assign and transfer full ownership to all such rights, title and interest to you.
  • You expressly consent to mooVmoo accreditation in each mooVie, including banner credits at the end of the mooVie. Unless expressly requested otherwise, you permit us to use the mooVie for marketing and promotional purposes.
  • You are solely responsible for any download, sharing, use, publication, broadcast or other use of the mooVie and indemnify us against all liability whatsoever arising from or in connection with any mooVie.
• YOUR Content
  • For the purposes of this clause and any limitation or exclusion of liability under these Terms, Your Content includes all designs, logos, images and other content provided in or otherwise in connection with your use of the Platform and any Services.
  • You represent and warrant that:
    • Your Content is lawful, compliant with these Terms, virus free, and not false, defamatory, misleading or otherwise deceptive in any way;
    • you are the sole and absolute owner of all intellectual property rights in Your Content or otherwise have the full right, authority and capacity to license Your Content for the purposes of the Products and any Services; and
    • use of Your Content in the Products and any Services shall not infringe any intellectual property rights (including moral rights) of any third party.
  • By submitting Your Content, you expressly authorise the reproduction of any copyright in Your Content and grants to us an irrevocable, royalty-free, non-exclusive, non-transferable, and worldwide license and right to use Your Content in connection with the Services and otherwise as provided by these Terms.
• PLATFORM CONDITIONS OF USE
  • It is a condition of using the Platform that:
    • You are over the age of 18 (or over the age of 13 and have the consent of a legal guardian or parent);
    • You have the authority to bind any business on behalf you use our Platform or order Services;
    • You have authority to use the payment method used to complete any order for Services;
    • You register on the Platform to order any Services;
    • You only use the Platform for lawful purposes;
    • You do not engage in any defamatory, improper, indecent or offensive behaviour;
    • You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Platform;
    • You will treat the Platform and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and
    • You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform.
    • You do not breach any of the Terms.
  • You are responsible for all content and information published on or sent via the Platform and warrant that information is accurate and honest. You acknowledge that such content will be made publicly available and that mooVmoo is not responsible for editing or monitoring such content. We reserve the right to delete any such content and information in our absolute discretion.
  • By using the Platform, you warrant and represent that you will not directly or indirectly circumvent the Platform and that all Services will be booked in accordance with these Terms. Without limitation, you must not contact any editor that performs Services outside of the Platform for a period of 6 months after ordering Services.
  • You agree and warrant that you will not solicit a user of the Platform to join another competing Platform.
  • You indemnify us for any loss or damage we suffer as a result of your breach of this clause.
• TIPS & TUTORIALS
  • Any Tips & Tutorials (including all instructions, recommendations and advice) we provide on the Platform are intended to assist your use of the Platform and ensure Your Content will create a great mooVie. But mooVmoo does not provide any warranty or guarantee as to the quality, accuracy, sufficiency, or appropriateness of any Tips and Tutorials for your needs.
  • We don’t guarantee the Platform or any Services are appropriate for or compliant with the current laws of your jurisdiction, nor do we accept any liability for actions taken based on the information in any Tips & Tutorials.
• PLATFORM AVAILABILITY
  • You acknowledge that there are certain technical requirements for access and use of parts of the Platform and Services.
  • You acknowledge that we are not required to keep the Platform available for your use and we make no warranties or guarantees, implied or express, as to the availability of the Platform or Services.
  • We accept no responsibility for the unavailability of this Platform, or any offer of Services, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform or Services.
• INTELLECTUAL PROPERTY
  • All intellectual property in and relating to the Platform (including any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you) is the copyright and property of mooVmoo and can be used for any purpose relating to its business.
  • Without the express written permission of mooVmoo, you shall not copy the Platform for your own commercial purposes, including:
    • Replicate all or part of the Platform in anyway; or
    • Incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
  • mooVmoo has moral and registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of mooVmoo. mooVmoo encourages accreditation of our Services when sharing your mooVie, but we reserve the rights to require you to remove any such reference, in our absolute discretion.
• THIRD PARTY WEBSITES & ADVERTISING
  • The Platform may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
  • We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
• LIMITATION OF LIABILITY & INDEMNITY
  • You agree that you use the Platform at your own risk.
  • You acknowledge that we are not responsible for the conduct or activities of you or any other user and that we are not liable for such under any circumstances.
  • You acknowledge that in using the Platform and in relation to the supply of Services, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
  • You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform or Services (and any mooVie), including any breach by you of these Terms.
  • In no circumstances will mooVmoo be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Services or any mooVie (or the provision or non-provision of any mooVie), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not mooVmoo knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
  • Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.
  • In all circumstances, you agree that any liability of mooVmoo shall not exceed the value of the Booking you placed using the Platform.
• PRIVACY POLICY & COOKIE POLICY
  • You accept our Privacy Policy & Cookie Policy. We may amend the Privacy Policy or Cookie Policy without notice and at our absolute discretion, and by continuing to use the Platform you accept such changes.
  • You agree not to do anything that shall compromise mooVmoo’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Platform is concerned.
• TERMINATION
  • We may suspend or cancel your licence to use the Platform and end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination.
  • Where terminated, suspended or cancelled you must immediately cease using the Platform and any Services.
• NOTICES
  • You can contact our customer service team by email (info@moovmoo.com).
  • You can direct notices, enquiries, complaints and so forth to mooVmoo using any other details published on the Platform. We will notify you of a change of contact details by publishing new details on the Platform.
  • We will send you notices and other correspondence to the email address that you submit to the Platform, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
  • A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
• GENERAL
  • mooVmoo may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
  • mooVmoo may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
  • Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
  • These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.
  • The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
  • These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.

 

CLIENT PRIVACY POLICY

• PURPOSE OF OUR POLICY
  • MooVmoo Ltd (Company Number 08869961) of 145-157 St. John Street, London EC1V 4PW, England (we, us or our) provides the products and services offered on the mooVmoo website (www.moovmoo.com) and/or mobile application (Client). For the purposes of the Data Protection Act 1998 (Act), we are the data controller.
  • We have adopted this Privacy Policy to ensure that we have standards in place to protect the data that we collect about individuals that is necessary and incidental to:
    • Providing the products and services that we offer; and
    • The normal day-to-day operations of our business.
  • By publishing this Privacy Policy we aim to make it easy for our users, customers and the public to understand what data we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their data in our possession.
• WHO AND WHAT THIS POLICY APPLIES TO
  • We handle data in our own right and also for and on behalf of our customers and users.
  • Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies which we store.
  • The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.
  • If, at any time, an individual provides data or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.
  • The Site is not available to persons under the age of 18 years (unless over the age of 13 and with the consent provided by a legal guardian or parent).
• THE INFORMATION WE COLLECT
  • In the course of business it is necessary for us to collect data. This information allows us to identify who an individual is for the purposes of our business, share data when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
    • Personal Information. We may collect personal details such as an individual’s name, location, date of birth and other information that allows us to identify who the individual is;
    • Contact Information. We may collect information such as an individual’s email address, telephone number, address and other information that allows us to contact the individual;
    • Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
    • Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and
    • Information an individual sends us. We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities, including activities with our partners (such as Facebook or Twitter).
  • We may collect other data about an individual, which we will maintain in accordance with this Privacy Policy.
  • We may also collect non-data about an individual such as information regarding their computer, network and browser. This may include their IP address.
• HOW INFORMATION IS COLLECTED
  • Most information will be collected in association with an individual’s use of our Site, products and services, an enquiry about the Site or generally dealing with us. However we may also receive data from other sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners (such as Facebook or Twitter). In particular, information is likely to be collected as follows:
    • Registrations/Subscriptions/Purchases. When an individual registers, subscribes and or purchases a product, service, list, account, connection or other process whereby they enter data details or grant access to information in order to receive or access something, including a transaction or services;
    • Contact/Accounts/Memberships. When an individual contacts us, submits their details to open an account and/or become a member with us;
    • Third party accounts. When an individual grants us access to their accounts with our business partners (such as Facebook or Twitter).
    • When an individual accesses us physically we may require them to provide us with details for us to permit them such access;
  • As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their data is being collected.
  • We may also collect anonymous data such as traffic, IP addresses and transaction statistics, which may be used and shared on an aggregated and anonymous basis.
• HOW DATA IS STORED
  • The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
  • By submitting your personal data, you agree to this transfer, storing or processing.
• WHEN DATA IS USED & DISCLOSED
  • In general, the primary principle is that we will not use any data other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
  • We will retain data for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
  • It may be necessary for us to disclose an individual’s data to third parties in a manner compliant with the Act in the course of our business.
  • We will not disclose or sell an individual’s data to unrelated third parties under any circumstances.
  • Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
    • The provision of goods and services between an individual and us;
    • Verifying an individual’s identity;
    • Communicating with an individual about:
      • Their relationship with us;
      • Our goods and services;
      • Our own marketing and promotions to customers and prospects;
      • Competitions, surveys and questionnaires;
    • Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
    • As required or permitted by any law (including the Act).
  • There are some circumstances in which we must disclose an individual’s information:
    • Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
    • As required by any law (including the Act); and/or
    • In order to sell our business (as we may transfer data to a new owner).
  • We will not disclose an individual’s data to any entity outside of the United Kingdom that is in a jurisdiction that does not have a similar regime to the Act or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of the United Kingdom will not be made until that entity has agreed in writing with us to safeguard data as we do.
  • We may partner with or utilise third-party service providers (such as Gmail from Google, Inc., and MailChimp from The Rocket Science Group LLC) to communicate with an individual and to store contact details about an individual. These service providers may be located outside the United Kingdom, including the United States of America.
• THIRD PARTY Accounts
  • We may link your account with a third party (such as Facebook or Twitter) to our services to enable certain functionality, which allows us to obtain information from those accounts (including your profile picture, friends or contacts).
  • The information we may obtain from those services often depends on your settings or their privacy policies.
• COOKIE POLICY
  • Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. By continuing to browse the site, you are agreeing to our use of cookies.
  • A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
• OPTING “IN” OR “OUT”
  • An individual may opt to not have us collect their data. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
    • Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
    • Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
  • If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.
• THE SAFETY & SECURITY OF DATA
  • We will take all reasonable precautions to protect an individual’s data from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
  • The security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, data where the security of information is not within our control.
  • We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s data to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
  • If an individual suspects any misuse or loss of, or unauthorised access to, their data, they should let us know immediately.
  • We are not liable for any loss, damage or claim arising out of another person’s use of the data where we were authorised to provide that person with the data.
• HOW TO ACCESS AND/OR UPDATE INFORMATION
  • The Act gives you the right to request from us the data that we have about you.
  • If an individual cannot update his or her own information, we will correct any errors in the data we hold about an individual within 7 days of receiving written notice from them about those errors.
  • It is an individual’s responsibility to provide us with accurate and truthful data. We cannot be liable for any information that is provided to us that is incorrect.
  • We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the data we hold about them.
• COMPLAINTS AND DISPUTES
  • If an individual has a complaint about our handling of their data, they should address their complaint in writing to the details below.
  • If we have a dispute regarding an individual’s data, we both must first attempt to resolve the issue directly between us.
  • If we become aware of any unauthorised access to an individual’s data we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
• ADDITIONS TO THIS POLICY
  • If we decide to change this Privacy Policy, we will post the changes on our website at www.moovmoo.com/privacy. It is your responsibility to refer back to this Privacy Policy to review any amendments.
  • We may do things in addition to what is stated in this Privacy Policy to comply with the Act and nothing in this Privacy Policy shall deem us to have not complied with the Act.
• CONTACTING US
  • All correspondence with regards to privacy should be addressed to:

 

The Data Controller

MooVmoo Ltd

info@mooVmoo.com

You may contact us by email in the first instance.