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MOBYMEMORY.COM – TERMS OF USE

Introduction

These terms and conditions govern your use of the Website accessible, from time to time, via the domain name MOBYMEMORY.COM (“Website”) and which is made available by Laguna Bay Limited, a Gibraltar corporation, with its registered office at 6a Queensway, Gibraltar (“Moby Memory”); by using the Website, you accept these terms of use in full. In the event that you disagree, or are unable to comply, with any of these terms of use, you must not use the Website.

This website uses cookies. By using the Website and agreeing to these terms of use, you consent to Moby Memory’s use of cookies in accordance with the terms of Moby Memory's privacy policy https://mobymemory.com/uk/privacy

Licence to use the Website

Unless otherwise stated, Moby Memory and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages and/or documents from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not: 

  • republish material from the Website (including republication on another website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
  • edit or otherwise modify any material on, or available via, the Website; or
  • redistribute material from the Website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Moby Memory’s express written consent.

Restricted access

Access to certain areas of the Website is restricted. Moby Memory reserves the right to restrict access to other areas of the Website, or indeed the entire Website, at Moby Memory’s discretion.

If Moby Memory provides you with, or allows you to select/create/generate, a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept secure and confidential at all times.

Moby Memory may disable your user ID and password in Moby Memory’s sole discretion without notice or explanation.

Pricing and purchases

Goods, services and information featured or displayed on the Website are not, and should not be considered to be, offers, solicitations or invitations which are capable of being accepted. Moby memory is not obliged to honour any prices which may appear on the Website from time to time. Further, product images and descriptions displayed on the Website are for illustrative and informational purposes only and not intended as a representation of the relevant product.

Prices displayed on the Website are subject to change at Moby Memory’s discretion. Moby Memory uses all reasonable efforts to ensure that prices on the Website are accurate, but will not be liable for any error or mispricing which may occur. If such an error or mispricing is discovered before your order is accepted, Moby Memory will notify you of the same as soon as is reasonably practicable and invite you to either resubmit your order at the correct price or cancel your order.

Prices displayed on the website are inclusive of all applicable value added and/or sales taxes that may be applicable from time to time, but exclude delivery charges, which will be calculated upon checkout. You are solely responsible for any and all import duties which may be payable on your orders.

All goods are subject to availability.

An acknowledgement of the receipt of an order placed by you does not constitute, or amount to, a legal acceptance of your order by Moby Memory. Moby Memory is not obliged to complete any order submitted by you and may, in its sole discretion, and for any reason whatsoever, decline or refuse to do so.

Returns

You are entitled to change your mind and cancel an order within 7 working days from the date of delivery, for any reason whatsoever. In order to do so, you must obtain a returns number from Moby Memory by sending a returns request using the Moby Memory returns form https://mobymemory.com/uk/contact . Failure to so may result in your returned order not being processed properly and a refund not being issued.

Any item being returned must be new, unused and still contained within its original, untampered with packaging. In the event that a product, or its packaging, has been opened or damaged by you, Moby Memory reserves the right to charge a restocking fee to cover the cost of repackaging the product.

Moby Memory may, at its sole discretion, retain any charges relating to delivery where an order, or part thereof, has been returned without good reason. The costs of returning any item are solely your responsibility and Moby Memory is not obliged to compensate you for the same.

Subject to all returns requirements, conditions and/or obligations having been met, a refund for a returned item will be processed within 30 days of Moby Memory taking delivery of the same.

In the even that an ordered product is returned on the basis of it being defective within 6 months of the date of acceptance of the relevant order, and Moby Memory’s technicians are able to replicate and confirm the defect, Moby Memory may, in its sole discretion, replace the product in question or issue a refund to you. In the event that such a product is returned outside of the aforementioned 6-month period, Moby Memory may offer you a replacement product pursuant to the terms of any applicable manufacturer warranty.

Any refunds will be sent to the original payment source.

Delivery

Your order will normally be delivered in 3 to 5 working days from the date of Moby Memory accepting the same. In the event that orders contain multiple items, Moby Memory reserves the right, at its sole discretion, to split orders and to ship individual items, and/or groups of items, separately from the rest of the order.

Delivery will be made to the address provided by you during the checkout process on the Website. In the event that you need to amend the delivery address for your order, you should contact Moby Memory’s customer support team at the earliest possible opportunity. Once your order has been passed to the courier/postal service responsible for delivery of the same, it will not be possible to amend the delivery instructions.

No order will be shipped/delivered unless, and until, payment for the same has been received in full and cleared funds.

No warranties 

The Website is provided “as is” without any representations or warranties, express or implied. Moby Memory makes no representations or warranties in relation to the Website or the information and materials provided on the Website.

Without prejudice to the generality of the foregoing, Moby Memory does not warrant that:

the Website will be constantly available, or available at all; or

the information on the Website is complete, true, accurate or non-misleading.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter in respect of which it would ordinarily be prudent to defer to the opinion and advice of a suitably qualified third party, you should consult such a third party.

Limitations of liability

To the fullest extent permitted by law, Moby Memory will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:

to the extent that the Website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. 

These limitations of liability apply even if Moby Memory has been expressly advised of the potential loss.

Exceptions

Nothing herein will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, or Moby Memory’s liability in respect of any:

death or personal injury caused by Moby Memory’s negligence;

fraud or fraudulent misrepresentation on the part of Moby Memory; or

matter in respect of which it would be illegal or unlawful for Moby Memory to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

Reasonableness

By using the Website, you agree that the exclusions and limitations of liability set out herein are reasonable.

If you do not think they are reasonable, you must not use the Website.

Other parties

You accept that, as a limited liability entity, Moby Memory has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Moby Memory’s officers or employees in respect of any losses you suffer in connection with the Website, or its use.

Without prejudice to the foregoing paragraph, you agree that the warranties and limitations of liability set out herein will protect Moby Memory’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Moby Memory.

Unenforceable provisions

If any provision of these Terms of Use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms of Use.

Indemnity

You hereby indemnify Moby Memory and undertake to keep Moby Memory indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Moby Memory to a third party in settlement of a claim or dispute on the advice of Moby Memory’s legal advisers) incurred or suffered by Moby Memory arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

Breaches of these Terms of Use

Without prejudice to Moby Memory’s other rights pursuant to these Terms of Use, if you breach these Terms of Use in any way, Moby Memory may take such action as Moby Memory deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Variation

Moby Memory may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of the Website from the date of the publication of the revised Terms of Use on the Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Moby Memory may transfer, sub-contract or otherwise deal with Moby Memory’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

Severability

If a provision of these Terms of Use is determined by any court of competent jurisdiction, or other competent authority, to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

Other than certain specific functionalities of the Website which may, from time to time, be subject to separate, explicitly stated terms and conditions, these Terms of Use constitute the entire agreement between you and Moby Memory in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Gibraltar.

The parties irrevocably agree that the courts of Gibraltar will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use, their subject matter or formation (including non-contractual disputes and claims).

(Document updated 05/12/2017)