Terms - Global Mobility Journeys GMJ

TERMS OF USE

These Terms of Use, together with any other documents referred to herein, set out the terms of use under which you may use this website, globalmobilityjourneys.com (“Our Site”). Please read these Terms of Use carefully and ensure you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of Paid Content. Please refer to our Terms of Sale for more information see below Terms of Sale

Definitions

In these Terms of Use, the following expressions have the following meanings:

“Account”	means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 3;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Paid Content”	means digital content made available for sale via Our Site;
“User”	means a user of Our Site; and
“Account”	means Global Mobility Journeys, a company registered in England and Wales under 12051460 and whose registered address is 15-17 Middle StreetBrighton, BN1 1AL, UK.

Access to Our Site
1. Access to Our Site is free of charge.
2. It is your responsibility to make any arrangements necessary to access Our Site.
3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Accounts
1. Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.
2. You may not create an Account if you are under 18 years of age.
3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure your Account is kept up to date.
4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
5. You must not use anyone else’s Account.
6. Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 14.
7. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
Intellectual property rights
1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. Subject to Clause 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store or in any other manner re-use Content from Our Site unless given Our prior written consent.
3. You may:
  1. access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
  2. download any Content where We have provided a link enabling you to do so;
  3. download Our Site (or any part of it) for caching;
  4. print page(s) from Our Site;
  5. download extracts from pages on Our Site; and
  6. save pages from Our Site for later and/or offline viewing.
4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
Links to Our Site
1. You may link to Our Site provided that:
  1. you do so in a fair and legal manner;
  2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
  3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
  4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
2. Framing or embedding of Our Site on other websites is not permitted without Our prior written consent.
3. You may not link to Our Site from any other site the main content of which contains material that:
  1. is sexually explicit;
  2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
  3. promotes violence;
  4. promotes or assists in any form of unlawful activity;
  5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
  6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  7. is calculated or is otherwise likely to deceive another person;
  8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
  9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this Clause 5.3);
  10. implies any form of affiliation with Us where none exists;
  11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
  12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Links to other sites
Our Site may include links to other sites. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Liability and disclaimers
1. Nothing on Our Site constitutes advice on which you should rely. It is provided for information purposes only.
2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date. This exception does not apply to information concerning Paid Content for sale through Our Site: please refer to Our Terms of Sale for more information.
4. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
5. If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
6. If you are a consumer user, if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
7. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
9. The limitations of liability included in this Clause 7 apply only to the use of Our Site and not to the sale of Paid Content, which is governed separately by Our Terms of Sale.
Viruses, malware and security
1. We exercise all reasonable skill and care to ensure Our Site is secure and free from viruses and other malware.
2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack or by any other means.
6. By breaching the provisions of Clauses 8.3 to 8.5, you may be committing a criminal offence under the Computer Misuse Act 1990. All such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable usage policy
1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 9. Specifically:
  1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
  2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
  3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
2. When communicating in any way using Our Site, you must not submit, communicate or otherwise do anything that:
  1. is sexually explicit;
  2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
  3. promotes violence;
  4. promotes or assists in any form of unlawful activity;
  5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
  6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  7. is calculated or is otherwise likely to deceive;
  8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
  9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this Clause 9.2);
  10. implies any form of affiliation with Us where none exists;
  11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
  12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
  1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
  2. issue you with a written warning;
  3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  4. take further legal action against you as appropriate;
  5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  6. any other actions which We deem reasonably appropriate (and lawful).
4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
Privacy and cookies
Use of Our Site is also governed by Our Privacy and Cookies Policy, available from https://www.globalmobilityjourneys.com/privacy-policy/. This policy is incorporated into these Terms of Use by this reference.
Changes to these Terms of Use
1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Contacting Us
To contact Us, please email Us at info@globalmobilityjourneys.com or using any of the methods provided on Our contact page at https://www.globalmobilityjourneys.com/contact/.
Communications from Us
1. If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. All marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
Data protection
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 the Data Protection Act 2018 (the “Act”), and your rights under the GDPR and the Act.
Governing law and jurisdiction
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 and Wales.
2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
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.
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 exclusive jurisdiction of the courts of England and Wales.

TERMS OF SALE TO NON-CONSUMERS

These Terms of Sale set out the terms under which Paid Content is sold by Us to business customers through this website, globalmobilityjourneys.com (“Our Site”). Please read these Terms of Sale carefully and ensure you understand them before purchasing. You will be required to read and accept these Terms of Sale when ordering. 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.

Definitions

In these Terms of Sale, the following expressions have the following meanings:

“Contract”	means a contract for the purchase of access to Paid Content, as explained in Clause 5;
“Paid Content”	means the digital content sold by Us through Our Site; and
“We”, “Us” and Our”	means Global Mobility Journeys Limited, a company registered in England and Wales under 12051460 and whose registered address is 15-17 Middle StreetBrighton, BN1 1AL, UK.

Access to and Use of Our Site
1. Access to Our Site is free of charge.
2. It is your responsibility to make any and all arrangements necessary to access Our Site.
3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Use of Our Site is subject to Our Website Terms of Use. Please ensure you have read them carefully and understand them.
Consumers and business customers
1. These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft or profession). If you are a consumer, please consult our Consumer Terms of Sale below.
2. These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Paid Content from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
Paid Content, pricing and availability
1. We may from time to time change Our prices. Changes in price will not affect any Paid Content you have already purchased but will apply to any subsequent new purchases. We will inform you of any change in price at least seven 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 Clause 11.1.
2. 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.
3. 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 seven 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 Clause 11.1.
4. 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 Clause 4.8 regarding VAT, however).
5. 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 seven days, We will treat your order as cancelled and notify you of this in writing.
6. 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 Clause 11.4.
7. If the price of Paid Content 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.
8. Prices on Our Site are shown inclusive of VAT at the current rate. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Orders – how Contracts are formed
1. Our Site will guide you through the process of making a purchase. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure you have checked your order carefully before submitting it.
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.
3. No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase Paid Content constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean we have accepted it. Our acceptance is indicated by Us sending you an order confirmation by email. Only once We have sent you an order confirmation will there be a legally binding Contract between Us and you.
4. Order confirmations shall contain the following information:
  1. confirmation of the Paid Content ordered including full details of its main characteristics;
  2. fully itemised pricing including, where appropriate, taxes, and other additional charges; and
  3. the duration of your access to the Paid Content Subscription (including the start date, and the expiry).
5. If 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.
6. Any refunds under this Clause 5 will be issued to you as soon as possible, and in any event within 14 days of the day on which the event triggering the refund occurs.
7. Refunds under this Clause 5 will be made using the same payment method that you used when purchasing Paid Content.
Payment
1. Payment must always be made in advance. Your chosen payment method will be charged when we process your order and send you an order confirmation.
2. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
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 Clause 7.5. If you do not make payment within seven days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
4. If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
Provision of Paid Content
1. Paid Content appropriate to your purchase will be available to you immediately when We send you an order confirmation and will continue to be available for the duration of your access to that Paid Content (including any renewals), or until you end the Contract.
2. 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:
  1. to fix technical problems or to make necessary minor technical changes;
  2. to update the Paid Content to comply with relevant changes in the law or other regulatory requirements; or
  3. to make more significant changes to the Paid Content, as described above in Clause 4.3.
3. If We need to suspend availability of the Paid Content for any of the reasons set out in Clause 7.2, 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). If the suspension lasts (or We tell you that it is going to last) for more than 30 days, you may end the Contract as described below in Clause 11.2.
4. 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 seven 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.
Licence
1. When you purchase access Paid Content, We will grant you a limited, non-exclusive, 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 We may licence from third parties).
2. The licence granted to you under Clause 8.1 is subject to the following usage restrictions and/or permissions:
  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 Chapter 3 of the Copyright Designs and Patents Act 1988; and
Cancelling your purchase
1. You may cancel your purchase at any time. However, subject to Clause 9.2 and Clause 10 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current access period (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
2. If you make a purchase 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 access period We will be able to cancel the purchase and issue a full refund. If you have accessed any Paid Content once the access period 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 access period (up until the renewal or expiry date, as applicable).
3. If you wish to exercise your right to cancel under this Clause 9, please:
  1. email: info@globalmobilityjourneys.com or;
  2. write to: Global Mobility Journeys Limited (GMJ), 15-17 Middle StreetBrighton, BN1 1AL, UK,
  in each case, providing Us with your name, address, email address, telephone number, and order number.
4. Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 days of the day on which you inform Us that you wish to cancel.
5. Refunds under this Clause 10 will be made using the same payment method that you used when purchasing Paid Content.
Ending the Contract because of something We have done (or will do)
1. You may end the Contract at any time if We have informed you of a forthcoming change to your access or the Paid Content (as described in Clauses 4.1 or 4.3), 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 access period, We will issue you with a pro-rated refund equal to the remaining time left in that period. If the change will not take effect or apply to you until the expiry of your current access period, the Contract will end at the end of that period and you will continue to have access to the Paid Content until that date.
2. If We have suspended availability of the Paid Content for more than 30 days, or We have informed you that We are going to suspend availability for more than 30 days, you may end the Contract immediately, as described in Clause 7.3. If you end the Contract for this reason, We will issue you with a pro-rata refund.
3. If availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. See Clause 12.2.6 for more information. If you end the Contract for this reason, We will issue you with a pro-rata refund.
4. If We inform you of an error in the price or description of 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.
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.
6. If you wish to exercise your right to cancel under this Clause 10, please:
  1. email: info@globalmobilityjourneys.com or;
  2. write to: Global Mobility Journeys Limited (GMJ), 15-17 Middle StreetBrighton, BN1 1AL, UK.
  in each case, providing Us with your name, address, email address, telephone number, and order number.
7. Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 days of the day on which you inform Us that you wish to cancel.
8. Refunds under this Clause 10 will be made using the same payment method that you used when purchasing Paid Content.
Our liability
1. Subject to Clause 11.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
2. Subject to Clause 11.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either £10 or 100% of the total sums paid by you under the Contract in question, whichever is the greater sum.
3. 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.
1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster or any other event beyond Our reasonable control.
2. If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
  1. We will inform you as soon as is reasonably possible;
  2. We will take all reasonable steps to minimise the delay;
  3. to the extent We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits We are bound by will be extended accordingly;
  4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
  5. if the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and will be made using the same payment method you used when ordering your Paid Content;
  6. If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, please:
    1. email: info@globalmobilityjourneys.com or;
    2. write to: Global Mobility Journeys (GMJ), 15-17 Middle StreetBrighton, BN1 1AL, UK
    in each case, providing Us with your name, address, email address, telephone number, and order number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and will be made using the same payment method that you used when purchasing Paid Content.
Data protection
All personal information We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (the “GDPR”) and the Data Protection Act 2018 (the “Act”) and your rights under the GDPR and the Act.
Other important terms
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.
2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our prior written consent.
3. 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.
4. 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.
5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means We will waive any subsequent breach of the same or any other provision.
6. 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 your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
Governing law and jurisdiction
1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

TERMS OF SALE TO CONSUMERS

These Terms of Sale, together with all other documents referred to herein, set out the terms under which Paid Content is sold by Us to consumers through this website, globalmobilityjourneys.com (“Our Site”). Please read these Terms of Sale carefully and ensure you understand them before purchasing. You will be required to read and accept these Terms of Sale when ordering. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to make purchase and access Paid Content through Our Site.

Definitions

In these Terms of Sale, the following expressions have the following meanings:

“Contract”	means a contract for the purchase of access to Paid Content, as explained in Clause 5;
“Paid Content”	means the digital content sold by Us through Our Site; and
“We”, “Us” and Our”	means Global Mobility Journeys Limited, a company registered in England and Wales under 12051460 and whose registered address is 15-17 Middle StreetBrighton, BN1 1AL, UK.

Age restrictions
Consumers may only purchase and access Paid Content through Our Site if they are at least 18 years of age.
Business customers
These Terms of Sale do not apply to customers purchasing and accessing Paid Content in the course of business. If you are a business customer, please consult our Business Terms of Sale below.
Paid Content, pricing and availability
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.
2. We may from time to time change Our prices. Changes in price will not affect any Paid Content you have already purchased but will apply to any subsequent new purchases. We will inform you of any change in price at least seven 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 Clause 11.1.
3. 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.
4. 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 seven 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 Clause 11.1.
5. 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 your access to that Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
6. 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 Clause 4.10 regarding VAT, however).
7. 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 seven days, We will treat your order as cancelled and notify you of this in writing.
8. 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 Clause 11.4.
9. If the price of Paid Content 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.
10. All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Orders – how Contracts are formed
1. Our Site will guide you through the process of making a purchase. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure you have checked your order carefully before submitting it.
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.
3. No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase Paid Content constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean we have accepted it. Our acceptance is indicated by Us sending you an order confirmation by email. Only once We have sent you an order confirmation will there be a legally binding Contract between Us and you.
4. Order confirmations shall contain the following information:
  1. confirmation of the Paid Content ordered including full details of its main characteristics;
  2. fully itemised pricing including, where appropriate, taxes, and other additional charges;
  3. the duration of your access to the Paid Content Subscription (including the start date, and the expiry); and
  4. 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 Clause 10.1.
5. If 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.
6. Any refunds under this Clause 5 will be issued to you as soon as possible, and in any event within 14 days of the day on which the event triggering the refund occurs.
7. Refunds under this Clause 5 will be made using the same payment method that you used when purchasing Paid Content.
Payment
1. Payment must always be made in advance. Your chosen payment method will be charged when we process your order and send you an order confirmation.
2. 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 Clause 7.5. If you do not make payment within seven days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
3. If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
Provision of Paid Content
1. Paid Content appropriate to your purchase will be available to you immediately when We send you an order confirmation and will continue to be available for the duration of your access to that Paid Content (including any renewals), or until you end the Contract.
2. When you place an order, 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 Clause 10.1 for more information.
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:
  1. to fix technical problems or to make necessary minor technical changes;
  2. to update the Paid Content to comply with relevant changes in the law or other regulatory requirements; or
  3. to make more significant changes to the Paid Content, as described above in Clause 4.5.
4. If We need to suspend availability of the Paid Content for any of the reasons set out in Clause 7.3, 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). If the suspension lasts (or We tell you that it is going to last) for more than 30 days, you may end the Contract as described below in Clause 11.2.
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 seven 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.
6. Any refunds under this Clause 7 will be issued to you as soon as possible, and in any event within 14 days of the day on which the event triggering the refund occurs.
7. Refunds under this Clause 7 will be made using the same payment method that you used when purchasing Paid Content.
Licence
1. When you purchase access Paid Content, We will grant you a limited, non-exclusive, 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 We may licence from third parties).
2. The licence granted to you under Clause 8.1 is subject to the following usage restrictions and/or permissions:
  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 Chapter 3 of the Copyright Designs and Patents Act 1988
Problems with Paid Content
1. By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available via your purchase does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
  1. if the Paid Content has faults, you will be entitled to a repair or a replacement;
  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; or
  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 Clause 12.3 for more information.
2. We will not be liable under this Clause 9 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.
3. If there is a problem with any Paid Content, please contact Us to inform Us.
4. Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 days of the day on which We agree that you are entitled to the refund.
5. Refunds under this Clause 9 will be made using the same payment method that you used when purchasing Paid Content.
6. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Cancelling your purchase
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 order 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 days after the date of Our order confirmation, whichever occurs first.
2. After the cooling-off period, you may cancel your purchase at any time. However, subject to Clause 10.3 and Clause 11, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current access period (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
3. If you make a purchase 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 access period We will be able to cancel the purchase and issue a full refund. If you have accessed any Paid Content once access 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 access period (up until the renewal or expiry date, as applicable).
4. If you wish to exercise your right to cancel under this Clause 10, please:
  1. email: info@globalmobilityjourneys.com or;
  2. write to: Global Mobility Journeys (GMJ), 15-17 Middle Street, Brighton, BN1 1AL, UK.
  in each case, providing Us with your name, address, email address, telephone number, and order number.
5. Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 days of the day on which you inform Us that you wish to cancel.
6. Refunds under this Clause 10 will be made using the same payment method that you used when purchasing Paid Content.
Your other rights to end the Contract
1. You may end the Contract at any time if We have informed you of a forthcoming change to the Paid Content (as described in Clauses 4.3 or 4.5), 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 access period, We will issue you with a pro-rated refund equal to the remaining time left in that period. If the change will not take effect or apply to you until the expiry of your current access period, the Contract will end at the end of that period and you will continue to have access to the Paid Content until that date.
2. If We have suspended availability of the Paid Content for more than 30 days, or We have informed you that We are going to suspend availability for more than 30 days, you may end the Contract immediately, as described in Clause 7.4. If you end the Contract for this reason, We will issue you with a pro-rata refund.
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, We will issue you with a pro-rata refund.
4. If We inform you of an error in the price or description of 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.
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.
6. Refunds under this Clause 11 will be made within 14 days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing Paid Content.
7. If you wish to exercise your right to cancel under this Clause 11, please:
  1. email: info@globalmobilityjourneys.com or;
  2. write to: Global Mobility Journeys (GMJ), 15-17 Middle StreetBrighton, BN1 1AL, United Kingdom.
  in each case, providing Us with your name, address, email address, telephone number, and order number.
Our liability to consumers
1. We will be responsible for any foreseeable loss or damage you 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.
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.
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. We will not be liable under this provision if:
  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
  2. the damage has been caused by your own failure to follow Our instructions; or
  3. your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased the Paid Content.
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.
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.
Data protection
All personal information We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (the “GDPR”) and the Data Protection Act 2018 (the “Act”) and your rights under the GDPR and the Act.
Other important terms
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.
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.
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.
4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means We will waive any subsequent breach of the same or any other provision.
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 your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
Governing law and jurisdiction
1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.
2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, 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.
4. If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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