Terms and conditions

Make My Joogle user terms and conditions (“Terms”)

Make my Joogle (“We”, “Us”, “Our”) arranges for personalised Joogles (defined below) from actors, entertainers, musicians, influencers and other celebrities, to be Requested through Our Website. We shall arrange for Artistes to provide the Joogles to you in accordance with these Terms. Please read these Terms carefully, because your access to our Website and use of the Joogle services are subject to these Terms and by proceeding to use the Website and Request Joogles you are agreeing to these Terms, which form the “Agreement” for your use of the Website and receiving the Joogles. If you do not wish to be bound by these Terms then please do not proceed with access the Website or use the services.

1 Definitions and interpretation

1.1 The definitions in this clause apply to these Terms:

“Artiste” means the artiste detailed on the Booking Confirmation, who is to provide the Joogle, in accordance with the terms of this Agreement;

“Booking Confirmation” means the confirmation sent through the Website with details of the Joogle to be provided by the Artiste to you, which is subject to these Terms, as issued in accordance with Clause 4;

“Business Terms” means the terms and conditions that apply in respect of any company or business purchasing Joogles under these Terms, as set out at Clause 4.9 of these Terms;

“Fee” means the fee payable by you to Make my Joogle for the provision of the Joogle by the Artiste, calculated in accordance with the fees detailed on the Website (as confirmed in a Booking Confirmation) and payable through the Website in accordance with the terms of this Agreement;

“Intellectual Property Rights” all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

“Joogle(s)” means the video message(s) created by an Artiste on your Request through the Website, as confirmed by Joogleberry in the Booking Confirmation;

“Live on Zoom” means the ‘live on Zoom’ function available on the Website, for delivery of Joogles, as described at Clause 4.10 of these Terms;

“Make my Joogle” means Make My Joogle Ltd, a company registered in England and Wales under number 13248759, whose registered office is at The Old Casino, Fourth Avenue, Hove, East Sussex BN3 2PJ;

“Recipient” means the proposed recipient of a Joogle;

“Request” means a request for a Joogle, made by you through the Website;

“User”, “you”, “your” the person, firm or company detailed on the Booking Confirmation form, who makes the request for a Joogle, in accordance with the terms of this Agreement;

“Website” means the Make my Joogle website, at url www.makemyjoogle.com

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 Words in the singular shall include the plural and vice versa.

1.4 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.5 Where the words include(s), including or in particular are used in these Terms, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

2 These terms

2.1 These Terms apply when a Joogle created by an Artiste is Requested by you through the Website.

2.2 We are Make my Joogle and we can be contacted by writing to us at: info@makemyjoogle.com. If We have to contact you, we will do so by either telephone (if you have provided us with your telephone number) or by email to the email address you provided at the time of making your Request and/or registering with Us. These Terms apply to our Agreement with you for making Joogles available through our Website and prevail over any other terms or conditions that you may try to issue to Us.

3 Your user account

3.1 Where you register your details with Us, your user identification, password or any other piece of information used to access our Website must be treated as confidential. You must not disclose it to anyone else. We can disable any user identification or password if we reasonably believe you have failed to comply with this or any other Terms of this Agreement. If you know or suspect that anyone other than you knows your user identification or password, you must tell us promptly by emailing us at info@makemyjoogle.com

3.2 You must register with the Website before making a Request and then Requests (including any communications with the Artiste in relation to the Joogle) can be made through the Website.

3.3 By accessing the Website and the services available on it, you agree to these Terms and you promise that you are at least eighteen years old and you are acting as a consumer (unless you are purchasing Joogles in your capacity as a business and for which you have provided us with details when making your Request). If you are requesting Joogles as a business, then some terms and conditions that apply are different and we have set out details of these in our Business Terms at Clause 4.9.

4 Your request and using the service

4.1 Request: Once you have sent a Request through the Website, you will receive a Booking Confirmation email, to confirm receipt of your Request. Your Request will be sent to the Artiste you have Requested to provide the Joogle. The Artiste will confirm through the Website whether they can provide the Joogle and if they can, they will proceed to prepare the Joogle. If the Artiste cannot provide or wishes to decline to provide the Joogle, they will inform you via the Website in which case the Request and Booking Confirmation shall be cancelled, or if the Request is not responded to by the Artiste within seven (7) days or the express delivery window requested then cancellation of the Request is deemed as automatic. We cannot guarantee that any Artiste is available or that they will reply to a Request, due to other engagements or for any other reason. No Agreement to provide you with a Joogle comes into effect until either the Artiste declines the Request, or a Request is automatically cancelled following the non-response of an Artiste within the seven (7) day window or express delivery window requested, following a Request being made. Subject to the limited right of cancellation set out in clause 9 below, you are bound by your booking Request. A Request cannot be altered after it has been submitted.

4.2 Payment timing: Fees for a Joogle are payable in relation to each Request you submit on the Website. When you make a Request, a charge is authorised against your payment card, but no money is taken by your card issuer at that point. If a Request is declined by an Artiste, the authorised charge on the card is released and no money is taken, If the Artiste accepts the Request, the charge on your card is captured and the money is therefore taken from your card and transferred to our Stripe account.

4.3 Booking Confirmation: Once a Request for a Joogle has been received and a Booking Confirmation has been issued, the Artiste will create the Requested Joogle as detailed in the Booking Confirmation.

4.4 Use of Joogles: Joogles are provided for enjoyment of the Recipient and are purchased solely for the purpose of sharing those Joogles on a personal basis. Joogles are not “sold” to you as such and receipt of the Joogle entitles you only to use the Joogle in accordance with these Terms, specifically clause 10. You may not make any other use of the Joogle and your use is on a personal, non-commercial basis. You may not sell, resell or otherwise commercialise any Joogle that you Request under these Terms, or otherwise seek to sublicence the Joogle on any medium or social-media platform. Please see separate terms of use if you are a Business at clause 4.9.

4.5 Joogle content: You acknowledge and agree that descriptions of the Joogles are provided for information purposes only and that descriptions may vary from the actual finished Joogle. Joogles will be designed to be played in certain formats, therefore please also note that Joogles may appear differently on different hardware, software or devices, including the settings on those devices, when the Joogle is viewed.

4.6 No moderation: We do not vet or verify Joogles once they have been created by an Artiste. Once an Artiste sends a Joogle, it is delivered straight to the Recipient. We are not able to moderate content in real time, but please refer to our complaints procedure at clause 17, if applicable.

4.7 Artiste provision: The services of creating and providing the Joogles supplied under this Agreement shall be provided by the Artiste through the Website, following a Request which has been confirmed by issuing a Booking Confirmation to you. The services will then be completed once the Joogle has been uploaded onto the Website by the Artiste.

4.8 Social media sharing: As per clause 6.4.2 below, please note that you may share the Joogle with a Recipient, as well as share the Joogle on social media, as long as you are not gaining commercial benefit from such sharing.

4.9 Business Terms

4.9.1 Where you wish to purchase Joogles or services as a business (not as a consumer), then the Business Terms under this clause 4.9 apply to your purchase of Joogles or services as a business, in substitution for any other conflicting provisions in these Terms.

4.9.2 We may provide Joogles, other messages or services to you, where you wish to use such Joogle, messages or service in your business (“Corporate Joogle”). Corporate Joogles can be used by you to endorse your brand, reward your employees or welcome new starters with a personalised video message and therefore the terms of use and cost of a Corporate Joogle are different to those used in a personal, non-commercial way.

4.9.3 When you submit a Request for a Corporate Joogle, you must specifically identify the business that is purchasing the Corporate Joogle, the types of goods or services that it offers, as well as the specific product, service or brand that you want your Request to make mention of or refer to.

4.9.4 The Fees payable for your Corporate Joogle are as confirmed at the time you make your Request for a Corporate Joogle, for the period of use of the Corporate Joogle as detailed in clause 4.9.5 below.

4.9.5 Upon receiving full payment of the Fees for your Corporate Joogle, you are granted the right to use the Corporate Joogle for reasonable promotion purposes for the business and/or brand that are covered by your Request and our Booking Confirmation, for thirty (30) days from the date of delivery of the Corporate Joogle to you, as follows:

4.9.5.1 a non-exclusive, royalty-free, fully paid, worldwide, sub-licensable, revocable licence to use, reproduce, distribute and publicly display the Corporate Joogle on your business’ website and social media account (the one website and the one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok or Twitter, detailed in your Request), in each case only where the website or social media account is wholly-owned, operated and controller by the business, or in one communication sent through a business-operated and controlled channel of communication (eg, an email); and

4.9.5.2 the right to advertise and promote the display of the Corporate Joogle on the social media account through advertising only on the applicable social media platform.
No other use is authorised by these Business Terms and you may not make any further use of the Corporate Joogle after the thirty (30) day period. To make any additional use of the Corporate Joogle, you must obtain our express prior written permission (by emailing us at info@makemyjoogle.com and pay any additional fees for such additional use.

4.9.6 When you make a Request for a Corporate Joogle, you warrant that:

4.9.6.1 any information provided by you is accurate and not misleading and is not disparaging, defamatory or otherwise infringing of any third party rights;

4.9.6.2 you and the business will comply with all applicable laws, rules and regulations; and

4.9.6.3 you have all the rights necessary to make a request for a Corporate Joogle on behalf of the business, to agree to these Terms on behalf of the business and to request and use the Corporate Joogle as authorised in these Terms, including all rights necessary to use the information, business name, trade mark or other Intellectual Property Rights of the business, in connection with your Request.

4.9.7 We are not liable for business losses. We only supply the Corporate Joogles as Requested for use in accordance with these Terms. If you use the Corporate Joogles for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.10 Live on Zoom

4.10.1 You may have to opportunity to participate in a ‘Live on Zoom’ experience, or such live experience on the live platform designated by us. Such experiences will be for the length of time shown on the Website page detailing the Live on Zoom experience, with exact length and start times to be confirmed in accordance with clause 4.10.2 below. Please note that you must book at least 48 hours in advance of the proposed experience date.

4.10.2 Where you wish to participate in a ‘Live on Zoom’ experience, you will need to complete the form on the Website, providing details of the requested Live on Zoom experience, such Request being a “Live on Zoom Request”. We will contact you following receipt of your Live on Zoom Request, to assess the requested experience and discuss number of participants and length of the experience requested, discuss this with you and provide you with confirmation of the Live on Zoom joining details, the price and payment arrangements (“Live on Zoom Confirmation”).

4.10.3 The number of or criteria for participants for each Live on Zoom experience will be set out on the applicable Website page, or as confirmed in the Live on Zoom Confirmation.

4.10.4 Payment of Fees for the Live on Zoom function shall not be payable through the Website and shall be payable as follows:

4.10.4.1 Fees for the Live on Zoom experience will be invoiced once details of the Live on Zoom experience have been confirmed and agreed with you;

4.10.4.2 Fees shall be payable directly on booking to secure the booking and/or presentation of an invoice (whichever is earlier), by bank transfer into our nominated bank account.

4.10.5 Please note that we retain the right to cancel a Live on Zoom experience and in such an event, we will refund to you any Fees paid by you.

4.10.6 If the Artiste who will be running the Live on Zoom experience is unable to attend the experience for any reason, they will promptly notify us and work with us to reschedule the experience. If the Live on Zoom experience cannot be rescheduled, we will pay you a refund of Fees paid to us for the experience.

4.10.7 Should you be unable to attend the Live on Zoom experience and you have let us know before 48 hours of the experience, you will work with us to reschedule, where possible. If you have contacted us within 48 hours of the Live on Zoom experience, then you will not be entitled to a refund of any monies paid. Where you have contacted prior to 48 hours before the experience but this cannot be rescheduled, you will not receive a refund.

4.10.8 You must ensure that you have your Zoom or pre-agreed platform downloaded and that you are registered, or have the platform set-up ready, before the Live on Zoom experience, together with stable internet connection to be able to join and participate in the Live on Zoom experience. You must also join the Live on Zoom experience using the logon details provided by us only.

4.10.9 You must agree to and adhere to all terms of use and privacy policies applicable to the live platform on which the Live on Zoom experience will be hosted.

4.10.10 A member of our team may attend the Live on Zoom experience. If we do so, the participant will be muted with the camera off during the experience.

4.10.11 Any form of inappropriate or offensive behaviour will not be tolerated under any circumstances. We (or the Artiste running the Live on Zoom experience) may terminate you access to the Live on Zoom experience, in such an event, and take any other necessary action.

4.10.12 You may end your participation in the Live on Zoom experience at any time.

4.10.13 You may not record, use, publish, reproduce, distribute, display, post or share any portion of the Live on Zoom experience.

4.11 Materials, impressions and lookalikes

You acknowledge that an Artiste may be providing services (as featured on the Artiste’s page on the Website) under a performing name (rather than their real name). An Artiste will not seek to use another third party’s name as their own genuine name or performance name or otherwise falsely identity themselves or represent themselves in a false way. However, you acknowledge that an Artiste may be a lookalike, impressionist, tribute act, or an impersonator and offering their services through the Website in this capacity. Where an Artiste does this, their profile makes it clear that the Artiste does so as a lookalike, impressionist, tribute act or an impersonator and he, she or they are not the genuine celebrity or person that the Artiste is otherwise impersonating or being a lookalike, impressionist or tribute act in respect of.

5 Make My Joogle’s obligations

5.1 Make my Joogle shall use reasonable endeavours to ensure that the Artiste creates and uploads the Joogles to the Website, in accordance with these Terms.

5.2 Our services to you consist of providing the Website and processing payments made by you through the Website, including issuing payment of fees to the Artiste, as required. Please note that we may deny or suspend access to the Website (or certain parts of it) at certain times if we are concerned about access to the Website at all.

6 Your obligations

6.1 You shall be responsible to pay the Fees in accordance with these Terms.

6.2 You will also be responsible to pay all reasonable costs, charges or losses that we or an Artiste may sustain or incur arising directly or indirectly from you committing any act of fraud, negligence, failure to perform or delay in the performance of any of your obligations under this Agreement.

6.3 You are responsible for ensuring that your use of and access to the Website at all times complies with these Terms and any instructions that we may give you from time to time.

6.4 You agree not to:

6.4.1 use the Website or a Joogle in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

6.4.2 exploit the Website or any Joogle for any commercial, business, or monetised purpose, other than those purposes outlined in these Terms;

6.4.3 reproduce, duplicate, copy or re-sell any part of the Website or a Joogle in contravention of these Terms;

6.4.4 use the Website or a Joogle in a way that could damage, disable, impair or compromise our systems or security or interfere with other Users;

6.4.5 use the Website or a Joogle in a way which we deem to be inappropriate or abusive, is obscene, hateful, racist, derogatory, harmful to any reputation, pornographic or which could cause offence or distress in any way to any person, including the Recipient, staff-member of Make my Joogle, an Artiste or other person associated with our Website;

6.4.6 upload any inappropriate content on the Website, or anything that imposes an unreasonable or disproportionate large load on the Website;

6.4.7 transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website, including (but not limited to) any service attack or denial of service attack; or

6.4.8 access without authority, interfere with, damage or disrupt (a) any part of the Website; (b) any equipment or network on which the Website; (c) any software used in the provision of the Website; or (d) any equipment, network or software owned or used by any third party.

7 User content

7.1 Please be aware that you are responsible for any materials, images, comments, data, videos, text, communications and other material uploaded onto the Website or otherwise provided by you to us or the Artiste (“User Content”).

7.2 By providing, uploading and/or disclosing User Content, you agree that you own and/or have obtained all required licenses and permissions from any necessary parties, to use the User Content and the Artiste the rights to use User Content (and parts thereof) to create a Joogle on your behalf.

8 Fees and payments

8.1 The Fees payable for the creation and delivery of a Joogle shall be confirmed on the Website against each Artiste profile, at the time of making the Request.

8.2 Fees are effectively payable at the point of making a Request for a Joogle, by a provisional payment being taken using your selected payment method up until your Request has been either accepted or declined, in accordance with clause 4. Where your Request is accepted, then payment of the Fees shall be authorised and taken at that time, with no additional notice being provided to you and we shall issue payment through to the Artiste. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your Request, including any service, transaction or processing fees. We reserve the right to cancel your Request if your payment method is declined.

8.3 Please note that the payment methods through the Website are provided by a nominated third party payment platform provider (which we may change at any time), and that such payment service providers terms of use will apply. You must provide the payment provider with valid payment information. You acknowledge that Make my Joogle does not operate, own or control the payment provider and that the payment provider’s terms and conditions of use of the selected payment service will apply to your use of that service, including their privacy policy.

8.4 The User shall not make any payments directly to the Artiste and shall make all payments for Fees directly to Make my Joogle in accordance with this Clause 8 and these Terms.

8.5 You may not return or exchange a Joogle and no refunds will be issued, unless specified in these Terms.

9 Cancellation / changes

9.1 You acknowledge and agree that once you have made a Request for a Joogle and provided payment information for the Fees due, then as this is a bespoke service then you will have no right to cancel the Request made. A Request can only be cancelled or declined in accordance with clause 4.

9.2 We may cancel or remove a Request before the Artiste confirms or declines a Request, or before a Request is automatically cancelled in accordance with clause 4, for any reason. For example, if we determine that the Request contains inappropriate or offensive content.

9.3 If an Artiste agrees to make any changes to a Joogle Request as requested by you following an Artiste’s acceptance of a Request, then you shall be responsible for the payment of any additional Fees in respect of such changes to the Joogle Request. Changes will only be made if these are agreed with the Artiste and there is no obligation on the Artiste to accept such changes.

10 Ownership and intellectual property rights

10.1 Website ownership: All Intellectual Property Rights and rights in materials detailed on the Website, including the look and feel of the Website, all software, ideas, processes, data, text or other content available on the Website belongs (or is licensed) to Make my Joogle other than Artiste profiles, which belong to the Artiste) and you shall not acquire any rights to the Website.

10.2 Joogles ownership: All Intellectual Property Rights and all other rights in and to any content created by an Artiste, including the Joogles, belong to the Artiste and you shall not acquire any rights to the Joogle. It is the Artiste’s responsibility, to make sure that they have in place all rights clearances or other permissions required to create the Joogle Requested by you, so that the Joogle can be provided in accordance with all applicable laws and without infringing any third party rights.

10.3 What you can’t do: You may not:

10.3.1 copy, duplicate or reuse any part of the Website or any content or the Joogles other than in accordance with these Terms;

10.3.2 make any alterations to, or modifications of, the Joogles, or remove any watermark or other marking included in or on the Joogle; or

10.3.3 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or the Joogles or attempt to do so;

10.3.4 use the Joogles in connection with any content that explicitly or implicitly is or may be considered offensive or harmful, illegal abusive, harassing, threatening, indecent, profane, obscene, hateful, racist, derogatory, harmful to any reputation, pornographic or otherwise objectionable content.

10.4 What you can use: Without prejudice to clauses 10.1-10.2 above, you are hereby granted a personal, revocable, non-exclusive, non-transferable, non-sub licensable and limited right to access and use the Joogle from the Website. This licence includes the right to use, distribute and reproduce the Joogle for non-commercial and non-promotional purposes, in any and all media, including social media platforms, subject to the provisions of these Terms (including the Business Terms, where you are purchasing a Joogle in a business context).

11 Confidentiality

11.1 You shall keep all technical or commercial know-how, processes, business information and information of a confidential nature that may have been disclosed to you confidential.

11.2 This Clause 11 shall survive termination of this Agreement, however arising.

12 Limitation of liability – the user‘s attention is particularly drawn to the provisions of this clause

12.1 We endeavour to make sure that the services provided through the Website are available at all times, without errors or defects. However we cannot guarantee that the services on the Website will be continuous, uninterrupted or error-free, or the defects will be corrected. All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded and we provide the Website on an ‘as-is’ basis.

12.2 Nothing in these Terms limits or excludes our liability for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation.

12.3 Subject to Clauses 12.2 and 12.3:

12.3.1 We shall not be liable for:
12.3.1.1 loss of profits; or
12.3.1.2 loss of business; or
12.3.1.3 depletion of goodwill and/or similar losses; or
12.3.1.4 loss of anticipated savings; or
12.3.1.5 loss of goods; or
12.3.1.6 loss of contracts; or
12.3.1.7 loss of use; or
12.3.1.8 loss of corruption of data or information; or
12.3.1.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

12.3.2 Our responsibility to you is only for foreseeable loss and damage caused by us, in accordance with this clause. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement for such foreseeable losses shall be limited to no more than the amount of Fees paid for the Services as detailed in the Booking Confirmation.

12.4 You acknowledge and agree that neither we nor the Artiste will be liable or responsible to you for any effect or other response to a Joogle created at your Request.

12.5 You acknowledge and agree that any material or information downloaded or otherwise obtained through the Website, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through the Website, including through a Joogle, will create any warranty not expressly made by us.

12.6 You acknowledge and agree that when using the Website, you are responsible for the content of the Joogles that you Request and that you may be exposed to content from a variety of sources, and that Make my Joogle is not responsible for the accuracy, usefulness, safety, legality, or Intellectual Property Rights of or relating to any such content. We do not tolerate content that is offensive, indecent, objectionable, sexist, racist or harassing, in our reasonable opinion.

13 Termination / ending the agreement

13.1 We may end this Agreement if you break it, or suspend access to the Website. We may end the Agreement or suspend access to the Website at any time by writing to you if:

13.1.1 you do not make any payment to us when it is due; or
13.1.2 you otherwise breach the terms of this Agreement.

13.2 You may cancel your account with Us at any time, by contacting us at info@makemyjoogle.com.

13.3 On termination of this Agreement for any reason:

13.3.1 Your user account will be deactivated and you shall no longer have the right to access any Joogles or content contained in your user area on the Website; and
13.3.2 the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.

13.4 If in the future you want to re-register with the Website, you may re-register in order to receive future Joogles.

14 Third party content and websites

14.1 Our Website may contain links to third party content or websites that is completely independent of us. Your interactions with third parties are solely between you and the third party. You acknowledge and agree that Make my Joogle will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions. You hereby release us from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or our Website.

14.2 If our Website contains links to social media platforms or third party websites, then you acknowledge and agree that the link does not mean that we endorse or are affiliated with the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

15 Force majeure

15.1 Neither we nor the Artiste shall have any liability to you under this Agreement if we or they are prevented from or delayed in performing its obligations under this Agreement by acts, events, omissions or accidents beyond its reasonable control, including (but not limited to) strikes, lock-outs or other industrial disputes (whether involving the workforce of Make my Joogle or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, epidemic or pandemic, accident, breakdown of plant or machinery, fire, flood, storm or adverse weather conditions (“Force Majeure Event”).

16 How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

17 Complaints process

17.1 Your contract for the provision of the Joogle is between the Artiste and you, but each of the Artistes and you hereby appoint us to oversee any disagreement (provided the disagreement is not suitable for referral to external legal authorities). Both you and Artistes agree that the result of our determination for a dispute will be final and binding.

17.2 Please note that the general principle in the vast majority of cases is that payments made are non-refundable. You can make a complaint, but this is only valid where you can identify that there has been a material breach of these Terms in the delivery of the Joogle. You accept that Artistes retain full discretion as to the manner in which they deliver content.

17.3 If you wish to make a complaint, you must send us notice by email to info@makemyjoogle.com.

18 General

18.1 No variation of this Agreement or the terms and conditions of this Agreement shall be valid unless it is in writing and agreed by or on behalf of each of the parties by its authorised representatives. We reserve the right to modify our Website or these Terms at any time and without prior notice. If we do modify these Terms, we will post them on our Website or provide you with notice, telling you that we have updated our Terms. By continuing to access or use the Website after such updates, you indicate that you agree to be bound by those updated Terms. If the updated Terms are not acceptable to you, you should stop using the Website immediately.

18.2 This Agreement, together with any documents, policies or other terms referred to in it, constitutes the whole agreement between the parties relating to your uses of the Website and the services offered through it and supersedes any previous agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to the same.

18.3 If any provision of this Agreement is held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of this Agreement in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of this Agreement shall not be affected in any other jurisdiction.

18.4 No term of this Agreement shall be enforceable by a third party who is not a party to it.

18.5 No failure to exercise, nor any delay in the exercise, by either party to this Agreement of any right, power, privilege or remedy under this Agreement shall impair, or operate as a waiver of, such right, power, privilege or remedy.

18.6 You may not transfer any of your rights granted under these Terms without our express prior written consent.

18.7 This Agreement shall be governed by, and construed in accordance with, English law (in relation to contractual and non-contractual matters) and each of the parties irrevocably submits to the exclusive jurisdiction of the English courts (in relation to contractual and non-contractual matters).

These Terms and Conditions were last updated on 28 October 2021.