1. Introduction
1.1 Definitions:
"the Card" means the Mhoula card issued by mhoula subject to these terms and conditions;
"the Member’s Club" means the club under which the Card provides offers from Partners to Members as set out below;
"the Member" means the individual registering with the Member’s Club;
"Mhoula" means Mhoula Limited, company number 06629353, whose registered office is situated at Acre House, 11-15 William Road, London NW1 3ER;
"Non-Member" means any person using the Website who is not a member;
"the Partners" means the retailers/partners that participate in providing offers to the Member’s Club and Non-Members from time to time;
"the User" means all persons using this Website, including Members and Non-Members;
"this Website" means www.mhoula.com.
1.2 Please read these terms and conditions carefully before using this Website. In particular, the User's attention is drawn to clauses 8 (Applicability of Online Materials) and 12 (Liability). By accessing and making use of the Website the User agrees to be legally bound by these terms and conditions as they may be modified and posted on this website from time to time. These terms and conditions take effect from the date when the User first accesses this Website.
1.3 If the User does not wish to be bound by these terms and conditions in full then he/she should not use this Website.
2. Purpose of this Website
This Website is a place for the User to obtain information about Mhoula and the discounts it offers on the goods and services provided by its Partners. Mhoula also provides online facilities for purchasing those goods and services.
3. Purchasing Goods and Services from Partners using this Website
3.1 In order for the Member to purchase goods or services now or in the future from the Partners the Member will need to follow the procedures set out on the "become a member" page. Procedures for payment and delivery of your Card are set out below.
3.2 The Member must pay by credit or debit card for the Card at the time of the order. The price of the Card is the price in force at the date and time of the order.
3.3 Mhoula is entitled to refuse any order placed by the Member. If the order is accepted, Mhoula will confirm acceptance to the Member by e-mail to the e-mail address that has been given by the Member and the contract between the Member and Mhoula is then formed. The Card will then be delivered to the postal address provided by the Member.
3.4 For goods/services offered by Partners the contract shall be formed between the User and Partner subject to the Partner’s terms and conditions and Mhoula accepts no liability for loss associated with such a contract.
3.5 The Member undertakes that all details provided to Mhoula for the purpose of obtaining the Card and purchasing goods/services will be correct, that the credit or debit card used is the Member's own and that there are sufficient funds or credit facilities to cover the cost of the purchase. Mhoula reserves the right to obtain validation of the Member's credit or debit card details before providing the Card.
3.6 Non-Members shall be entitled to purchase goods or services from Partners pursuant to offers to made available to Non-Members only, which shall be made available entirely at the discretion of Mhoula.
4. Terms of use of the Card
4.1 The Card is non-transferable and in the event that the Card is either lost or stolen replacements will be available from Mhoula at a cost of £5.00.
4.2 The Card will be valid for use by Members with Partners for the period of the offers specified from time to time on this Website and/or the specific contract entered into between the User and the Partner.
4.3 The Card entitles the Member to avail themselves of those offers of goods/services provided by the Partner for Members only from time to time as appear on this Website. Non-Members shall not be entitled to any offer for Members but shall be entitled to avail themselves of such offers as the Partners shall make available on this Website.
4.4 When there are multiple purchases of goods/services on one Card, these goods/services are subject to separate and individual contracts determined at the time of purchase.
4.5 By purchasing the Card, the Member agrees to accept these terms and conditions and will ensure that all other persons included when accepting an offer of a good/service with the Card adhere to these terms and conditions as though such other persons were a party to these terms and conditions.
4.6 The Card is only available to UK residents who are 18 years old or over.
5. The Partners
5.1 The Card allows the Member to access such offers and discounts as the Partners make available to Members from time to time on this Website.
5.2 The Partners have agreed to provide special offers to the Member’s Club and to Non-Members, however Mhoula shall not be responsible for any refusal by the Partners to do so.
5.3 Every effort has been made to ensure that all published details of offers by Partners under the Member’s Club and to Non-Members on this Website are kept up to date, however Mhoula cannot guarantee the availability of an offer at the time the Card is used, and the User should check all relevant details with the Partner prior to using the Website.
5.4 Mhoula has tried to ensure that only reputable Partners are included in the Member’s Club or to Non-Members on this Website, however Mhoula shall not be responsible for any inadequacies or failures in service, quality of merchandise or health and safety experienced with a Partner.
5.5 The User accepts an offer from the Partner at his/her own risk and any complaints should be directed at the Partner concerned.
6. Information provided by the User to Mhoula
6.1 The following applies to any information provided by the Member to Mhoula:
6.1.1 The User authorises Mhoula to use, store or otherwise process any personal information which relates to and identifies the User, including but not limited to the User's name and address, to the extent reasonably necessary to provide the Card and related services which are available through the Website by Mhoula, its partners, successors, associates, sub-contractors or other third parties (together the 'Partner Companies') and for marketing purposes of Mhoula and Partner Companies.
6.1.2 If the User sends personal correspondence such as e-mails or letters to Mhoula then Mhoula may collect this information into a file specific to the User (together, the various purposes set out in this paragraph shall be known as 'the Purposes'). All such information collected by Mhoula shall be referred to in these terms and conditions as 'Personal Information'.
6.1.3 The User must ensure that the Personal Information provided is accurate and complete and that registration details (where applicable) contain the User's correct name, address and other requested details.
6.2 By accepting these terms and conditions, the User agrees to the processing and disclosure of the Personal Information for the Purposes, subject to the User's right to change such usage. If the User would like to review or modify any part of his/her Personal Information then the User should either e-mail Mhoula at admin@mhoula.com or write to Mhoula at the address set out below.
6.3 The User warrants and undertakes that it will not use this Website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If the User breaches these terms and conditions then permission to use this website terminates immediately without the necessity of any notice being given. Mhoula retains the right to deny access to any person who fails to comply with these terms and conditions.
7. Security
The Member is solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail verification or other information relating to the Member's order of the Card that may be given. The Member may not share such information or transfer such information to any third parties. The Member must notify Mhoula immediately if he/she becomes aware of any breach of security regarding this Website.
8. Applicability of online materials
8.1 Unless otherwise specified all content and materials published on this website are presented solely for the User's private, personal and non-commercial use.
8.2 This Website is controlled and operated by Mhoula from various offices in England, with the principal point of contact being Acre House, 11/15 William Road, London NW1 3ER. Where content published on this Website is supplied by third parties, the User must understand that Mhoula does not control or endorse such content in any way. Any content which is offered by third parties is published in good faith but Mhoula does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. The User assumes total responsibility and risk for use of this Website and use of all information contained within it.
8.3 Mhoula has used its best endeavours to ensure that this Website complies with UK laws. However, Mhoula makes no representations that the materials on this Website are appropriate or available for use in locations outside the UK. Those who visit this Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of this Website and/or viewing of it, or use of any material or content in this Website or services, or products offered through this Website are contrary to or infringe any applicable law in the User's jurisdiction(s), the User is not authorised to view or use this Website and must leave this Website immediately.
9. Copyright and Monitoring
The contents of this Website, including all rights vested in the Mhoula name and logo, are protected by international copyright laws and other intellectual property rights. The owner of these rights is Mhoula, its affiliates or other third party licensors or contributors including Partner Companies. All products and logos mentioned in this Website are the trade marks, service marks or trading names of their respective owners, including Mhoula. The User may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this Website including but not limited to text, graphics, video, messages, code and/or software without Mhoula's prior written consent, except where expressly invited to do so.
10. Linked sites
Mhoula makes no representations whatsoever about any other websites which the User may access through this Website or which may link to this Website. When accessing any other website the User understands that it is independent from Mhoula that has no control over the content or availability of that other website. In addition, a link to any other website does not mean that Mhoula endorses or accepts any responsibility for the content, or the use of, such a website and Mhoula shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11. Availability of this Website
Mhoula will try to make this Website available but cannot guarantee that this Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. The User must not attempt to interfere with the proper working of this Website and, in particular, must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
12 . Liability
12.1 Mhoula confirms that for any Card registered by the Member from this Website:
12.1.1 Mhoula has the right to register the Card for the Member to the Member’s Club as described.
12.1.2 Mhoula excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Card, this Website or any information or service provided through this Website.
12.2 Mhoula will do its best to ensure that all materials and information published on this Website are accurate, but please note that all content materials and information on this Website are provided on an 'as is' basis and the User assumes total responsibility and risk for use of this Website and use of all information contained within it.
12.3 Subject to clause 12.4, Mhoula accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where the User suffers loss or damage arising out of or in connection with the viewing, use of, performance of this Website or its contents, subject to clause.
12.4 Mhoula accepts no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Mhoula or its servants, agents or any other person or entity.
12.5 Any limitation on liability does not apply to any liability Mhoula may have for death or personal injury resulting from its negligence or for fraudulent misrepresentation.
12.6 The User is responsible for ensuring that his/her computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. The User also understand that Mhoula cannot and does not guarantee or warrant that any material available for downloading from this Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. The User is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy his/her particular requirements for the accuracy of data input and output.
12.7 The limitations and exclusions in this clause do not affect the User's non-excludable statutory rights and only apply to the extent permitted by applicable law.
13. General
13.1 Mhoula may assign, transfer or subcontract any or all of its rights and obligations under these terms and conditions at any time.
13.2 Mhoula may alter these terms and conditions from time to time and post the new version on this Website, following which all use of this Website will be governed by that version. The User must check the terms and conditions on this Website regularly. Mhoula does not need to give notice of any change to these terms and conditions and the User's continued use of this Website shall be deemed to be acceptance of any changes that have been made.
13.3 These terms and conditions are the whole agreement between Mhoula and the User. The User acknowledges that it has not entered into this agreement in reliance upon any statement, warranty or representation made by Mhoula or any other person and irrevocably and unconditionally waives any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions.
13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5 These terms and conditions and use of this Website are governed by English law.
13.6 Except in respect of a payment obligation, neither the User nor Mhoula will be held liable for any failure to perform any obligation to the other due to causes beyond the User or Mhoula's respective reasonable control.
13.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
13.8 These terms and conditions do not confer any rights on any person or party (other than the User and/or Mhoula) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14. Notices
14.1 All notices shall be given:
14.1.1 to Mhoula via e-mail at office@mhoula.com or by post to Acre House, 11/15 William Road, London NW1 3ER; or
14.1.2 to the User at either the e-mail or postal address provided during the registration process.
14.2 All notices shall, except where otherwise specifically provided, be in writing in the English language and may be:
14.2.1 sent by e-mail, in which case it shall be deemed to have been served when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt);
14.2.2 if within the United Kingdom, sent by first class pre paid post, in which case it shall be deemed to have been given 3 days after the date of posting; or
14.2.3 if from or to any place outside the United Kingdom, sent by pre paid priority airmail, in which case it shall be deemed to have been given seven Business Days after the date of posting.