Terms of use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website, MoodPanda.com ("our site"), whether as a guest or a registered user (including an individual, company, brand, or other entity). Please read these terms of use carefully before you start to use the site. By using our site as a guest or registered user, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must refrain from using our site.

Last updated: Nov 2021

Information about us

In these terms, references to "we", "our" and "us" are references to MoodPanda.

Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Accessing our site

Access to our site is subject to the eligibility requirements detailed below. Access is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to guests and registered users alike.

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any username, identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy (set out below).

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Protecting your password

When you register with MoodPanda and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately and contact us.

Eligibility In using the site, you represent and warrant that:

(a) you are legally capable of entering into binding contracts; and (b) that you are at least 16 years old. If you are under the age of 16 years old and wish to register to use our site, please arrange for your parent/guardian to contact us here to your registration. If you are using the site or registering an account on behalf of a charitable organisation or business (including a limited company), you warrant and represent that you have the requisite authority to do so and to bind the organisation or business to these terms of use and any additional terms applicable to your use of the site.

Use of the site In using the site you: (a) shall comply with all UK and foreign laws and regulations which apply to your use of the site wherever you are physically located; (b) shall not provide any false information to us or the site, including email address and other information requested. If we believe you have provided false information, we reserve the right to terminate your user account; (c) shall be solely responsible for your interactions with other users of the site. We reserve the right, but have no obligation, to monitor any dispute between you and another user;

Acceptable use policy

You may only use our site for lawful purposes.

You also agree not to access without authority, interfere with, damage or disrupt: (a) any part of our site; (b) any other user account; (c) any equipment or network on which our site is stored; (d) any software used in the provision of our site; or (e) any equipment or network or software owned or used by any relevant third party.

You undertake not to: (a) transmit, post or email information, pictures or any other material (Content) via the site without having permission from the party that owns the intellectual property rights in such Content; (b) transmit, post or email Content via the site which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties' rights (including but not limited to intellectual property rights and privacy rights); (c) use the site (without our permission) to promote another site, service or business in any way including but not limited to posting any e-mail addresses or URLs; (d) buy or sell products or services through the site; (e) transmit, post or email any Content or be involved in behaviour, which in our opinion is explicit, racist, abusive, threatening, bullying, harassing, libellous or obscene or encouraging illegal activity; and / or (g) transmit, post any Content or be involved in behaviour which could otherwise be capable of offending other users.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. If we deem a breach has occurred, we may take such action as we deem appropriate including suspension or termination of your user account and deletion of Content.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off , and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. However, you are not permitted to publish or copy any part of our site without our express written consent.

Other than any materials clearly marked as capable of being modified, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or logos. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Uploading material to our site

Whenever you make use of a feature that allows you to upload data and/or material to our site, or to make contact with other users of our site, you must comply with the Content standards set out in our acceptable use policy. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty.

Any Content you upload to our site for public display will be considered non-confidential. You hereby grant us a worldwide, non-exclusive, perpetual and irrevocable licence to use, copy, amend, distribute and disclose to third parties any such Content for any purpose associated with the operation of our site. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our site. You warrant that you are able to license the Content that you upload to our site to us and that our use of such Content will not infringe the intellectual property rights of any other party.

Reliance on information

We provide an environment that enables people to have open discussion about mental health. Content, commentary, views and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change or delete the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to maintain or update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy or it being comprehensive. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including but not limited to: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for direct financial loss that are not excluded by any of the categories set out above.

Our liability to Licensed Members shall be governed by the Licence entered into between us.

Transactions with third parties & links from our site Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Contracts for the supply of any goods or services formed as a consequence of the use of our site through our site shall be governed by the terms and conditions of supply of the relevant party supplying those goods or services. We will have no involvement, liability or obligations in relation to any contracts that you form with any third parties.

Third parties shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 in relation to any agreement between us and you.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than that set out above, please contact us here.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co - operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Jurisdiction and applicable law

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The English and Welsh courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, however we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant jurisdiction.

Payment Service Provider

As soon as you confirm to us through the MoodPanda website that you wish to proceed with your patron gift we will use PayPal (UK) Ltd (PayPal), a third party payment service provider, to process the transaction. All gift transactions, the storing of financial data and the transfer of funds is managed and handled entirely by PayPal, and users will also be subject to PayPal Terms and Conditions. MoodPanda do not hold or transfer funds, and we do not store your payment card details on our system.

Once your credit or debit card provider approves the transaction, PayPal will arrange the transfer of funds to MoodPanda in accordance with its standard terms and practices and you will receive confirmation of your gift donation by email. If PayPal are unable to complete the transfer of your payment to MoodPanda or we feel that it is not appropriate then we will contact you to arrange the return of the payment to you in full subject to any refund deductions incurred by PayPal. If we are unable to contact you then MoodPanda, at its discretion, may retain the payment.

When a patron gift is made on the site and charged to your card the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. By making a gift payment you warrant and represent that you are the cardholder, or have the express permission of the cardholder, and that you are not acting in a fraudulent, unlawful or abusive manner.

Cancelling patron gifts

You will only be able to cancel a patron gift if you contact us within 72 hours after you authorise it on our site. Where we do cancel a payment for you, we may charge you for the refund costs that we have incurred in processing your refund.

Use of your patron gifts

MoodPanda does not warrant that your patron gifts will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding MoodPanda's use of any paytron gift you may make through the site or for any misuse or non-use of such patron gifts by MoodPanda.

Please note that MoodPanda reserve the right to use your patron gift for their general purposes. They will use your patron gift for any purpose.

You are not charged for using MoodPanda Services.

Information

MoodPanda is not an accounting, taxation or financial advisor, and you should not rely on information given on the site to determine the accounting, tax or financial consequences of making a donation to a charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

In addition to our Privacy Policy, data collected for the purposes of patron gifts is subject to the following terms: payment card details will not be stored by MoodPanda.com. Personal data provided during the patron gift will be used for the sole purpose of facilitating the patron gift

MoodPanda reserves the right to use alternative or additional payment providers at any time. You agree to fully indemnify MoodPanda against any claim, demand, loss, liability, costs and expenses arising out of or relating to the use of your PayPal account, including but not limited to any breach by you, your agents, contractors, or employees, of PayPal's Terms and Conditions or use of the account which is fraudulent or unlawful.

MoodPanda will not be liable for any additional fees or charges for currency conversion incurred by a PayPal transactions.

Cancellations and chargebacks

Donors will only be able to cancel a donation if they contact MoodPanda within 72 hours after it is authorised on our site. After this time, any refund is at MoodPanda's discretion. Where a full refund is provided, any fees charged by PayPal will also be refunded to you at our discretion.

Your concerns If you have any concerns in relation to our site, please contact us here. Thank you for visiting our site.