Terms of use

Effective as of 4th May 2015.

IMPORTANT. PLEASE READ. – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "you" or "User") AND LUNAR MISSIONS TRUST (referenced herein as “us” or “we”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE WEBSITE(S) OR RELATED SOCIAL MEDIA PAGE(S) PROVIDED BY US. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS CONTAINED IN THESE TERMS & CONDITIONS (referenced collectively herein as the “Terms & Conditions”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SERVICES, PRODUCTS, FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH THE WEBSITE(S) LOCATED AT [www.lunarmissionone.com], ANY MOBILE VERSION THEREOF, OR ANY RELATED SOCIAL MEDIA PAGE(S) OPERATED BY US (collectively referenced herein as the “Website”). WE ARE WILLING TO LICENSE THE USE OF THIS WEBSITE AND PROVIDE THE RELATED INFORMATION, SERVICES, PRODUCTS, FUNCTIONALITY, OR MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEBSITE AND ARE INSTRUCTED TO EXIT THIS WEBSITE IMMEDIATELY.

 

1 - About Us

We are Lunar Missions Trust. Our registered company number is 8661432 and our registered office is at Wreights House, The Mall, Faversham, Kent ME13 8JL, United Kingdom. Where we refer to ourselves in these Terms & Conditions, this is also taken to include (where the context allows) our group companies, affiliates, directors and our and their employees, associated and contracted persons, and persons supplying services to us or them.

If you need to contact us, in the first instance you should use our online contact form.

For customer service support (including delivery and return enquiries) please contact our customer representatives on (+44) 020 3432 7303, at .

Please note calls from a landline within the UK are charged at the standard national rate offered by the caller’s network provider. Charges may vary for calls made from outside the UK or using a mobile phone.

 

2 - About These Terms

Thank you for accessing our Website. These Terms & Conditions together with the Privacy Policy, as they may be amended from time to time, comprise the entire agreement relating to: (i) your use of the Website; (ii) opening an account through the Website, (iii) participation in an online forum, (iv) joining the Lunar Missions Club, and (v) any order placed through the Website. These Terms & Conditions supersede any and all previous agreements between you and us relating to your use of the Website and/or to the order by you of any product (which includes services) from us. To help you find what you're looking for, please refer to the headings, which are provided for convenience only.

Website Terms of Use

Please read Section 3, Section 8, and our Privacy Policy carefully as they govern your use of the Website.


2.1 - Registering an Account

By opening an account through the Website, you are agreeing to be bound by the terms set out in Section 4 below.

2.2 - Community Use

The Website contains discussion forums, bulletin board services, chat areas, communities and/or other message or communication facilities such as the Lunar Missions Labs (collectively “Communities”). By registering to use or posting any content on the Communities you are agreeing to be bound by the terms set out in Section 5 below.

2.3 - Lunar Missions Club

By applying to join the Lunar Missions Club, you are agreeing to be bound by the additional terms set out in Section 6.2 below.

2.4 - Space Store Terms

By placing an order to make a purchase through the 'Space Store' section of the Website, you are agreeing to enter into a contract with Lunar Missions Trust on the terms set out in Section 6 below, together with Section 8.

 

3 - Website Terms of Use

3.1 - Website Access

Whilst we normally endeavour to ensure that the Website is available, access to the Website may be suspended temporarily and without notice for any reason in our discretion, including (without limitation) in the case of system failure, maintenance or repair, or for reasons beyond our control. We shall not be liable to you or any third party if for any reason the Website is unavailable at any time for any period.

We reserve the right temporarily or permanently to modify or withdraw the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any modification or withdrawal.

We reserve the right to terminate or restrict your access to the Website at any time if you are in breach of the Terms & Conditions.

3.2 - Licence Grant

While we endeavour to ensure that the information on the Website is accurate, complete and up to date, we do not warrant that this is or will be the case. We may, at any time without notice, make changes to the Website, the products, and/or their prices, described and available on the Website.

Provided that you comply fully with the Terms & Conditions, we and/or our licensors grant you a personal, non-exclusive, royalty-free, non-transferable right and licence to access and view the content and information provided or made available on or through the Website, including, without limitation, text, images and videos (the “Content”), for your personal and non-commercial use only, unless we agree otherwise in writing. The content layout, formatting, and features of and access privileges for the Website shall be as specified by us in our sole discretion.

3.3 - Restrictions on Use

Other than permitted by these Terms & Conditions, or with our express written permission, you may not print, download, copy, reproduce, disassemble, broadcast, sub-license, republish, distribute, transmit, publicly perform, display or make available, remove, alter, adapt, sell, mirror, frame, exploit, rent, lease, private label, grant security interests in, interfere with, create derivative works from or counterfeit, by any means or in any manner, the Website or any Content, or do anything else with our Website or Content not specifically provided for herein. Nonetheless, you are permitted to (and should) download and/or print and retain a current copy of the Terms & Conditions for your records.

All intellectual property and other proprietary rights in the Content are owned by us or our licensors. You agree and acknowledge: that you will not acquire any ownership rights in the Content; and that modification of any Content or use of any Content for any purpose not expressly permitted by the Terms & Conditions may breach our and others’ copyright and other proprietary rights. Any rights not expressly granted in these Terms & Conditions are reserved.

3.4 - Code of Conduct

You agree that you will not:

  1. upload or attempt to upload to the Website or otherwise transmit to us files that contain viruses, 'Trojan Horses', worms, cancelbots, corrupted files, other such similarly destructive features, or otherwise in any way damage, disable or impair the operation of the Website or our business or seek to do so;
  2. gain or attempt to gain unauthorised access, by any means, including (without limitation) by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures, to the Website, networks connected to the Website or any Content.
  3. use the Website for the posting or transmission of any material of any kind which is: unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; in breach of our and/or any third party’s rights; and/or racially, ethnically or otherwise objectionable;
  4. download any file posted or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  5. cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
  6. use the Website in any other unlawful manner; or
  7. restrict or inhibit any other user from using and enjoying the Website.

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected of an offence in relation to use of the Website.


4 - Registering an Account

To access certain features of the Website and/or to place an order, you will be asked to register with us and create an account. To do so you will need to: create a password, give us certain personal information including your name and e-mail address and any other details (for example, your post code or zip code) that we may require as part of the registration process; and agree to our processing of your personal information, in accordance with our Privacy Policy. As noted above, if you do not agree with the terms and conditions of our Privacy Policy you should not use the Website or create an account with us.

Only one user can use one user name and password and, thus, one account. You are solely responsible for the security and confidentiality of the password and other log-in information for your account and you agree to keep your user name and password confidential. You accept responsibility for all activities which occur using your account. If you have any reason to suspect that your password has become known to someone else and/or that your account has been or is likely to be used without your authorisation, you should contact us immediately. We shall not be liable for any loss or damage resulting from a failure by you to protect the password and/or other log-in information for your account. We reserve the right to delete a user name or password and will provide notice of such deletion. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these Terms & Conditions.

You are responsible for the accuracy and completeness of the personal information you give to us and you warrant that such information is accurate and complete in all respects. You agree to notify us of any change to such information, which you can access and update using your account.


5 - Use of the Communities

5.1 - Community Conduct

You agree not to use the Website in any unlawful manner and in particular shall not:

  1. defame, abuse, harass, stalk, threaten or otherwise violate the rights (including rights of privacy and publicity) of others;
  2. publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, vulgar, obscene, profane, discriminatory, bigoted, hateful, racially offensive or otherwise unlawful material;
  3. Post any material that infringes any patent, trade mark, copyright, trade secret or other proprietary right of any person;
  4. Post any corrupted files, files that contain malicious code, viruses, or any other code that may damage the operation of a computer or other electronic device;
  5. conduct or forward surveys, contests other than in Communities expressly intended for such uses, and shall not forward pyramid schemes or chain letters;
  6. Post links to any websites where to do so would breach their terms of use or Post statements which violates other contractual or fiduciary rights, duties, or agreements;
  7. Post statements or materials which encourage criminal conduct or that would give rise to civil liability;
  8. Post statements or materials that are deceptive or misleading;
  9. Post statements or material that constitutes junk mail, spam, or unauthorised advertising or promotional materials, or
  10. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted.

 

5.2 - User Generated Content

As part of participating in the Communities, users may Post certain materials ("User Generated Content"). Although our hope is that all users will use the Website responsibly, and we require all users to ensure that User Generated Content that they post on the Website is lawful, we are not responsible for screening, reviewing or policing User Generated Content and so it is possible that Communities may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We urge you to exercise proper judgement and to use caution and common sense when using Communities. We do not control the information delivered to the Communities, and have no obligation to monitor the Communities.

Nevertheless, we reserve the right to monitor, delete, or take other action with respect to User Generated Content (or parts thereof) that we believe violates these Terms & Conditions and/or are, or are potentially, unlawful or harmful to us or our affiliates, users, or our goodwill. If you violate these Terms & Conditions, we may, in our sole discretion, delete the unacceptable content from your User Generated Content, remove or delete the User Generated Content in its entirety, issue you a warning, and/or terminate your use of the Website. Moreover, it is our policy to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of User Generated Content that violates these rules regarding acceptable behaviour or content, you may contact us as provided below. Moreover, we do not endorse or edit any opinion or information provided by you or another user and do not make any representation with respect to the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user.

You are responsible for your own communications and for any consequences arising out of them. The Communities are intended to allow users to send and receive messages and material that are legal, proper and related to the particular Community, and you agree that you shall use them only for this purpose.

We do not guarantee the truthfulness, accuracy, or reliability of any communications posted in the Communities or endorse any opinions expressed in the Communities. You should take all due care in relying on material posted in the Communities, as this is done at your own risk.

It is important for you to note that all Communities are public, and that others may read communications made via the Community without the author’s knowledge. Always use caution when giving out any personally identifying information about yourself in any Community, and do not give personally identifying information about any other person unless entitled to do so.

If you transmit material to us or Post User Generated Content, you will be deemed to have granted us a perpetual, world-wide, royalty-free, irrevocable licence to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such communications or material in any way we deem fit, including granting sub-licences to third parties. You agree that we are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. To the extent possible, you hereby waive and/or agree not to assert any moral rights held by you in the User Generated Content. Further, you acknowledge and agree that we may use, display, and publish the name submitted by a User as a part of Posted User Generated Content.

5.3 - Use of User Generated Content

We hereby grant to every recipient of the User Generated Content (each a "Licensee") a worldwide, royalty-free, non-exclusive, non-sub-licensable, irrevocable licence to use, reproduce and share the User Generated Content for non-commercial use only, subject to the conditions that:

  1. each Licensee makes any person with whom they share the User Generated Content aware of the precise nature of this licence;
  2. no Licensee may offer or impose any additional or different terms or conditions on, or otherwise restrict the exercise of the licensed rights by any other Licensee;
  3. each Licensee shall, when sharing the User Generated Content, include a reference to the Website as being the source of the User Generated Content; and
  4. each Licensee shall, where it makes improvements or enhancements to the User Generated Content, repost such improvements or enhancements on the Website.

5.4 - Copyright; Designated Agent for Notification of Claims of Infringement

We respect the intellectual property of others, and asks our users to do the same. Accordingly, it is our policy to respond to a notice of alleged infringement that complies with copyright law, and in particular, the U.S. Digital Millennium Copyright Act. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating the right to access and use the Website. Misrepresenting that a work is infringing may likewise be subject to legal penalties. It is our policy to document all notices of alleged infringement upon which we decide to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice publicly available.

If there is a belief that one or more of works appearing on the Website have been copied in a way that constitutes copyright infringement, please provide a written notice of your claim to us at the address listed above along with the following information:

  1. A signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed;
  2. A description, in reasonable detail (including any applicable URL), of the copyrighted work that you claim has been infringed;
  3. A description, in reasonable detail, of where the material that you claim is infringing is located on the Website;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

5.5 - Indemnity

You agree to defend and indemnify us and our affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, injuries, liabilities, costs, and expenses, damages and losses of any kind (including reasonable legal fees and costs) suffered or incurred by us or them in connection with any claim that any material Posted by you infringes the rights of any third party.


6 - Space Store Terms

6.1 - Order Process

You must be aged 18 (or the legal age of majority) or over to place an order via the Website. By placing an order through the Website, you represent that you are at least 18 years old (or the legal age of majority) and that the person to whom any product will be delivered is also 18 years old (or the legal age of majority). We reserve the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency proving that he or she is at least 18 years old (or the legal age of majority).

If you place an order using the Website, we will acknowledge your order by e-mail. Your order is an offer by you to purchase the product(s) ordered from us. If we do not have the product(s) in stock we will let you know and give you an estimated date on which such product(s) will be delivered to you.

Following our confirmation that the product(s) ordered is in stock and provision of an estimated delivery date, we will take payment from you (using the payment information provided when you placed your order) in respect of the product(s) ordered and will send you a confirmation (by e-mail) of dispatch of the product(s). That confirmation of dispatch constitutes our acceptance of your offer and the formation of a contract between you and us for the sale of those product(s) under these Terms & Conditions.

We will take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. We will retain details of your order and the terms under which it is placed. However, we do not generally make this accessible after the contract is concluded. You are therefore advised to retain a copy of your order details and the Terms & Conditions for your records.

6.2 - Lunar Missions Club

Certain products are made available through membership of the Lunar Missions Club. The benefits of club membership are as further described in the relevant product information, but these may include, some or all of:

  1. access to exclusive updates / information;
  2. the opportunity to participate in project reviews, investigations and voting to help inform key project decisions;
  3. invitations to special events; and
  4. use of the Lunar Missions Labs.

The Terms & Conditions shall apply to these benefits. If any additional terms and conditions apply to the benefits (for example the rocket launch event or attending mission control), these terms will be separately provided to you.

6.3 - Memory Box Vouchers

We may make digital vouchers available for purchase via the Website entitling purchasers to secure their own, personal, reserved space in the Lunar Mission One private archive ("Memory Box Vouchers"). Purchasers will be able to put into this archive either digital data, a strand of hair, or a combination of both (depending on the space reserved). Further details are available in the relevant product description. The digital vouchers shall be delivered by e-mail to the address specified in the order.

You may cancel your order for a Memory Box Voucher for any reason in accordance with Section 6.8 below. However, this is your sole right to cancel such an order. Once the fourteen (14) day cancellation period has expired, Memory Box Voucher purchases shall become final and non-refundable.

6.4 - Prices

The prices payable for products are shown on the Website. We may make an additional charge for delivery costs and this will be shown separately in the checkout section of the Website, before you submit your payment information.

All product prices on the Website are inclusive of VAT or other applicable taxes. On the product pages of the Website, the product prices are exclusive of any delivery charges, which are added, inclusive of VAT or other applicable taxes, in the shopping basket and check out section of the Website.

Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.

6.5 - Non-acceptance of Orders

We can refuse to accept or fulfil any order in our absolute discretion, including, without limitation, if:

  1. there is a pricing or description error when the order is placed which is obvious and unmistakeable and could have reasonably been recognised as a mispricing;
  2. your payment is refused;
  3. we do not have sufficient stock to deliver the product you have ordered;
  4. we do not deliver to the area in which your delivery address is located; and/or
  5. it is not possible or practical for us to deliver to, or we have any other concerns with, the delivery address that you have given us.

If we refuse to accept an order, we will not be obliged to offer any compensation for loss or disappointment suffered by you.

6.6 - Payment

We accept payment by PayPal or Stripe. In respect of all orders, payment of the full purchase price for the product(s) ordered must be made when the order is placed and we will not dispatch the product(s) ordered until we have received such payment in full.

All payment transactions may be subject to validation checks and authorisation by the relevant card and service providers and/or by us (and we may use third party service providers to carry out such authorisation), which we will do in accordance with the Privacy Policy. If your card issuer/payment service provider refuses to authorise payment to us, we will not be liable for any delay or non-acceptance of orders made by you.

If for any reason any payment is refused after we have dispatched any product we will have the right to request the payment from you or recover the relevant product(s) from you. We may charge you for our costs in recovering the product(s) or seeking further payment.

Full ownership and title in any product ordered from us will not pass to you until we have both received payment of the full purchase price for such product and delivered it to you.

6.7 - Delivery

We endeavour to process and dispatch physical products to ensure that any orders placed are delivered in accordance with the table below. Although our delivery partners may deliver on Saturdays, you should ignore weekends and public/bank holidays when calculating the estimated delivery date.

Delivery Type Estimated Delivery Time
UK Delivery 14 days or less
Rest of World Delivery 2 to 4 weeks


Once you have submitted an order, you may not be able to change the delivery address. If you would like to discuss a change to the delivery address after you have submitted an order, please contact us as soon as possible through your account via our online message centre or using the information available in the 'About Us' section above or on our Website.

The estimated delivery date of a product is based on whether the product is in stock and on the delivery address you have provided to us and is subject to receipt by us from you of payment for the product. Although we endeavour to deliver products on the estimated delivery date, that date is indicative only and we cannot guarantee that the delivery will take place on that date, although delivery of any product will take place within thirty (30) days of the date on which we received payment from you for such product (unless agreed otherwise with you).

You must inform us, by contacting us through your account via our online message centre or using the information available in the 'About Us' section above or on our Website by the date on which we agree an estimated delivery date with you, if there are any special circumstances which might be relevant to your delivery, including, without limitation, factors relating to access: to your delivery address (e.g. low bridges, narrow lanes etc.,); and/or to the premises at your delivery address.

You may be liable to pay us extra delivery charges if:

  1. we are unable to complete a delivery because an appropriate person is not present at the delivery address on the date of delivery to accept the product;
  2. you attempt to change the delivery address after the product has been dispatched to you; and/or
  3. you fail to notify us of special circumstances which are relevant to your delivery.

Once we have delivered any product to you, risk in that product passes to you; and you are responsible for its insurance and security.

6.8 - Changing Your Mind

You may cancel your order for any product for any reason at any time from the date on which you placed the order up to fourteen (14) days from the day after you received such product (or from the date of ordering in the case of Memory Box Vouchers and other services) by notifying us in writing as set out in Section 6.10 below.

If you cancel your order in this way we will, as soon as possible and, in any event, within:

      1. fourteen (14) days of such cancellation (in the case of Memory Box Vouchers or other services); or
      2. fourteen (14) days of receiving the returned physical products or evidence that the products have been sent,

         

    1. refund any sums paid to us by you, and any provider of credit facilities, in respect of the purchase price and any charges for delivering the product to you;
    2. you must return the product to us at your cost, and we request that you follow our returns policy, as set out in Section 6.10 below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged for the cost of collection; and
    3. you are under a duty to take reasonable care of the product until it is returned to us.

If you want to cancel before your product has been delivered please contact us through your account via our online message centre, or using the information in the 'About Us' section above or on our Website, although, if your order has already been processed for delivery we may not be able to prevent the product being delivered to you.

If you want to exercise your right to cancel after you have received the product from us, we request that you do not use the product and that any packaging which is still on the product is not removed or, to the extent that such packaging has been removed but is still in your possession, that you return the product with such packaging.

6.9 - Faulty or Incorrect Items

We request that you inspect any product delivered to you within a reasonable period of receiving it. If a product you have received from us was damaged when delivered please notify us and return the product to us (at our cost) by post in accordance with Section 6.10.

All products returned to us are checked by our Returns Department and, if you are entitled to a refund, then we will refund the price of your item and original delivery costs.

If we discover that a product you have returned to us on the basis that it was damaged or faulty is not in fact damaged or faulty, we may return it to you and cancel any refund that you have requested, or if we have already refunded you, we may recharge you for the product and the original delivery costs, using the payment information provided to us when you placed your order; and charge you for the costs of returning the product to us and of redelivering the product to you.

If a product you have received from us is not the product which you ordered, please notify us and return the product to us by post within fourteen (14) days of receipt, and

  1. we will deliver the product which you ordered, if possible; or
  2. if it is not possible to deliver the product which you ordered, we will refund the purchase price and any delivery costs.

In relation to all returns, we request that you follow our returns policy, as set out in Section 6.10 below.

6.10 - Returns Policy

If you want to return a product, please contact us through your account via our online message centre and we will, where you are entitled to return the product, give you a returns number which we request that you use when you return the product to, and in all correspondence with, us (otherwise our response may take longer). We will also send you a freepost address sticker if the product is reported as defective.

Please ensure that all products packaged for return are clearly labelled with your name, postal address and order number and that, if you post a product to us, you obtain a proof of posting receipt. You must ensure that products you wish to return are adequately packaged to protect them from being soiled or damaged whilst being returned to us. Please ensure that you keep the original packaging in which the products are delivered in case you wish to make a return. Any product you accept and then return is your responsibility until it reaches our warehouse. Please therefore ensure that you send your product back to us using a delivery service that insures you for the value of the goods.

Where you have purchased a number of products as part of a special multi-buy discount offer and you subsequently wish to return one of the special offer products, if one or more of the special offer products has already been dispatched, we will ask you to return to us all products forming part of this special offer in order to receive a refund.

Please note that we can only consider refunding the postage costs for returning a product where we sent you the wrong product, the product is damaged or faulty, or where you are returning a substitute product which you do not want to keep. In all other circumstances you will be responsible for the cost of returning the product.

6.11 - Refunds

We will make any refunds due to you in accordance with these Terms & Conditions using the same method of payment as you used when placing your order. Please note that we cannot influence any part of a refund after we have submitted the request to a bank and that banks can take a period of time to process such a refund.

 

7 - Risks and challenges

7.1 - Project Risks

Lunar Mission One is an exciting and ambitious project. Owing to the nature of its size, scale and complexity (not to mention all of the unknowns of space and lunar exploration which we hope to learn about on the way) Lunar Mission One is a large and complicated project.

By purchasing any Lunar Mission One product, you agree to accept the risks as we’ve defined them below, and any other risks, even if they are not explicitly stated here.

7.2 - Engineering and Team

Lunar Mission One is a unique project with many contingent parts including design, engineering, mission control, science and education. Currently, the sales of Lunar Mission One products is to raise the funds to deliver the set up stage. We already have a team of experts who have shown a desire to become involved in this project and are expected to come on-board. That said, building, launching and landing a spacecraft is difficult and there are lots of uncertainties involved, including the procurement processes necessary for the set up phase, all of which needs to be done before the technology is developed and none of which at this stage is guaranteed. We are constantly iterating our mission concepts and any CGI videos we publish are only a projection of what we anticipate. As a result, the end spacecraft may differ from current predictions. We’re always ready to make modifications to improve astronomy, education and the ability to drill and leave the archives on the moon.

7.3 - Launch & Operations

To get Lunar Mission One into space will require a rocket launch. However, as is true for any launch and subsequent space operations, it opens up a few challenges:

Rockets and lunar landings can fail, resulting in loss or degradation of service. We will endeavour to provide fall-back solutions including an insurance-backed repeat launch and even a guarantee of a repeat lunar mission if the public’s funding from memory boxes is sufficient.

The launch and operation, including communication of a spacecraft and lunar lander is technically complex and involves many risks beyond our control. We are not responsible for any failure to perform all or part of the Lunar Mission One project if such failure is caused by third parties and what the lawyers like to call “force majeure” - events or conditions beyond our reasonable control such as explosion, acts of nature, war, civil disturbances, acts of civil or military authorities, legal or regulatory changes, asteroid impacts, alien interference, cosmic events, intergalactic battle or other causes beyond our control.

7.4 - Private Archive

Managing and uploading thousands of messages, videos, music and DNA and selfies is no easy task. We will be building a web-based platform to handle all of the content uploading and loading onto the archive. The commercial terms of the private archive will be set following extensive research and development, as well as a market analysis, which we expect to complete at later stages of the overall project. All those who purchase a digital memory box voucher to entitle them a space in the private archive will be kept up to date with this platform as it develops but of course, customers will be responsible for the integrity of their own content prior to uploading. We expect to provide privacy options for making content available on the Internet, if the contributors so wish, in which case we reserve the right to prevent any private archive contributor, including any backer to this project, from uploading any explicit, offensive, degrading or copyright infringing content into the private archive.

 

8 - Liability

Nothing in these Terms & Conditions excludes or limit our liability for:

  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of any terms implied by sections 12 and 14 of the UK Sale of Goods Act 1979 or sections 2 and 4 of the UK Supply of Goods and Services Act 1982, any defective goods under the UK Consumer Protection Act 1987; and/or
  4. any other statutory or other liability which cannot be excluded under applicable law.

 

THE AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY OF US, OUR GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF US OR ANY OF THEM, FOR ANY KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THESE TERMS & CONDITIONS IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE AFFECTED PRODUCT; OR (B) TEN POUNDS STERLING (£10.00).

 

WE SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY IN CONNECTION WITH THESE TERMS & CONDITIONS FOR (I) ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES; (II) ANY LOSS ARISING FROM OR IN CONNECTION WITH LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY OR BUSINESS INTERRUPTION; (III) ANY LOSS ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE; (IV) ANY LOSS ARISING FROM FAILURE TO USE THE PRODUCTS IN A NORMAL AND PROPER MANNER OR THROUGH ALTERING OR MODIFYING THE PRODUCTS, FAILURE TO FOLLOW OUR AND/OR THE MANUFACTURER’S INSTRUCTIONS OR USING THE PRODUCTS IN A CARELESS OR NEGLIGENT MANNER; AND/OR (V) ANY FAILURE TO PERFORM ANY OBLIGATION OWED TO YOU UNDER THESE TERMS & CONDITIONS DUE TO ANY EVENT OR CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, TECHNICAL DIFFICULTIES, FAILURE OF OR DELAYS IN COMMUNICATIONS NETWORKS, ACTS OF TERRORISM, ACTS OR DEFAULTS OF THIRD PARTIES, OR POWER FAILURE.

 

9 - Warranty Disclaimer

THE INFORMATION, FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE WEBSITE OR IN THE PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON.   WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. To the maximum extent permitted by law, the Website and the Content are provided “as is” without any warranties of any kind.

We warrant that the products you purchase will be of satisfactory quality and fit for the purpose for which they are made available (i.e. non-commercial, personal use, unless otherwise agreed between you and us). We exclude all other express and implied representations, warranties, conditions and other terms relating to the products to the extent permitted in law.

Illustrations, photographs, weights, dimensions and descriptions on the Website are intended as a general guide to our products. You acknowledge and agree that we do not promise that our products will be precisely in accordance with such guidance and without any variation at all. While we endeavour to ensure that our guidance is helpful and accurate there are many factors, such as minor changes in stock, ongoing product development and even your own computer or monitor technology that mean that actual products may vary slightly from the illustrations, photographs, weights, dimensions and/or descriptions on the Website.

 

10 - Enforcing Security on the Website

Actual or attempted unauthorised use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the UK Computer Misuse Act or the Computer Fraud and Abuse Act of 1986 under U.S. federal law. We reserve the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms & Conditions such as view, monitor, and record activity on the Website without notice or specific permission from you, including, without limitation, by archiving notices or communications sent by you through the Website. You hereby expressly consent to such viewing, monitoring and recording activity. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. We will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, we reserve the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website in order to protect the Website, us, or our business.

 

11 - Injunctive Relief

You acknowledge that any breach, threatened or actual, of these Terms & Conditions, including, without limitation, with respect to unauthorised use of our proprietary assets, will cause irreparable injury to us, such injury would not be quantifiable in monetary damages, and we would not have an adequate remedy at law. You therefore agree that we shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms & Conditions. Accordingly, you hereby waive any requirement that we post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to us to enforce any provision of these Terms & Conditions.

 

12 - Term and Termination

These Terms & Conditions will take effect at the moment you register, respond to a request for information, purchase products, and/or begin downloading, accessing, or using the Website, whichever is earliest. We reserve the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms & Conditions, to deny your access to the Website or to any portion thereof in order to protect our name and goodwill, our business, and/or other users, and these Terms & Conditions will also terminate automatically if you fail to comply with its terms, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate these Terms & Conditions at any time by ceasing to use the Website, but all applicable provisions of these Terms & Conditions will survive termination, as identified below, and each re-access or use of the Website will reapply these Terms & Conditions (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Website in your possession.

 

13 - Links to Other Sites

We may provide links, in our sole discretion, to other sites on the world wide web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.

 

14 - Miscellaneous Provisions

We may amend the Terms & Conditions or any part of them (including the Privacy Policy) at any time by providing notice through email or posting an amended version on the Website (and posting notice of such Amendment on the home page). Any such amended version will not affect any order which you have already placed through the Website and, in all other circumstances, will take effect from such publication. You should check the Website from time to time to review the current Terms & Conditions and/or the Privacy Policy.

We reserve the right to assign or sub-contract any or all of our rights and obligations under these Terms & Conditions. These Terms & Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

No person other than you and us has any right to enforce these Terms & Conditions, unless and to the extent that any such rights cannot lawfully be excluded.

If any part of these Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms & Conditions will not be affected.

If you breach these Terms & Conditions and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms & Conditions.

These Terms & Conditions shall be governed by and construed in accordance with English law and any disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts. Any notice or correspondence relating to these Terms & Conditions shall be in the English language. We make no representation that the Website is appropriate or available for use in other locations, and access to the Website from states, territories, or nations where any aspect of the Website is illegal is prohibited. You access the Website of your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Website. A printed version of these Terms & Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact us if you wish to receive a printed copy of these Terms & Conditions.