last updated September 18th 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WHAT’S IN THESE TERMS?
WHO WE ARE AND HOW TO CONTACT US
Our site and services are operated by Wordphrase Limited (”we”, “our” and “us”). We are a private limited company registered in England and Wales under company number 10682319 and have our registered office at Suite 110, 82 James Carter Road, Mildenhall, Suffolk, IP28 7DE, United Kingdom.
To contact us, please e-mail firstname.lastname@example.org.
BY USING OUR SITE AND SERVICES YOU ACCEPT THESE TERMS
You can browse our site without registering with an account. We may offer the option to register with an account in order to provide you with certain features or options. When you register with an account, you must make sure that you keep your information up-to-date and accurate at all times.
By using our site and services, whether as a registered user or not, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our site and services. We recommend that you print a copy of these Terms for future reference.
If any (part) of the provisions of these Terms would at any time be invalid, void or unenforceable, the other provisions will remain in full force and effect. The invalid, void or unenforceable provision or part thereof shall be deemed deleted from these Terms to the minimum extent necessary.
You are responsible for ensuring that all persons who access our site and services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
You must not use the account details of someone else to log in to our site or services.
WAIVER AND SEVERABILITY
If we would waive any term or condition set out in these Terms such waiver is not deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If we fail to assert a right or provision under these Terms then this shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
When you make purchases directly from us, you must be legally capable of entering into binding contracts in the jurisdiction you are accessing the site or service from.
By using our site and services, you represent and warrant that you have the required minimum age as set out in this section. When you make purchases directly on our site or services, you represent and warrant that you have the legal capacity to enter into binding contracts in the jurisdiction you are residing in.
Our site and services are directed to people residing in the United Kingdom. We do not represent that content available on our site and services is appropriate for use in other locations. When you use our site and services in other locations, you do so at your own risk and you are responsible for compliance with the local laws and regulations, applicable in the country you are accessing our site and services from.
OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of our site and services:
WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our site and services, please check these Terms to ensure you understand the terms that apply at that time. You can see when changes were last made to these Terms by checking the ‘last updated on …’ date displayed on top of these Terms. Your continued access and use of our site and services constitutes your acceptance of the Terms as amended. When you cease using our site and services upon publication of the changed Terms, your relationship with us will be controlled by the previously published Terms.
WE MAY MAKE CHANGES TO OUR SITE AND SERVICES
We may update and change our site and services from time to time, for instance to reflect changes to our products and services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR SITE AND SERVICES
Our site and services are made available free of charge and on an ‘as is’ basis. We do not guarantee that our site and services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site and services for example for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
WE MAY TERMINATE YOUR ACCESS TO OUR SITE AND SERVICES
We may terminate or suspend your account or access to our site and services without notice if you breach any provision of these Terms or any other applicable law or regulation. We may, at our sole discretion, also take additional action, such as removing user generated content uploaded by you that is against our acceptable use policy, involve law enforcement authorities or issue legal proceedings against you. We have the sole and absolute discretion to decide whether you have violated any of these Terms and our decision is always final.
We may terminate your access to our site and services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. When your access is terminated, any obligations and liabilities accrued prior to termination will not be affected.
We also reserve the right to take any technical, legal and/or other actions we deem necessary and/or appropriate, with or without notice, in addition to the other remedies available to us, to prevent violations of and enforce the provisions of these Terms. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS
We may transfer, sub-license, sell or assign our rights and obligations under these Terms to a third party, whether as part of a sale of all or part of our assets or for any other reason. We will try to give you reasonable notice of this, for example by sending our registered users an email and/or by displaying a notice on our site informing our users, and we will make sure that this will not prejudice your rights and obligations under these Terms.
You may not transfer, sub-license, sell or assign your rights and obligations under these Terms under any circumstances without our prior consent. Any such attempt shall be deemed null and void.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
Should we offer you the option to register with an account, and you create an account, you may choose or be provided with a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com. We also reserve the right to require you to remove or change your password or user identification code or other account information. We may also reassign your user id and/or any password we assigned to you to another user.
HOW YOU MAY USE OUR SITE AND SERVICES AND OUR CONTENT
We are the owner or the licensee of all intellectual property rights in our site and services, and in the material published on it. This includes, but is not limited to, rights in and attached to texts, graphics, illustrations, artworks, designs, logos, photos, videos, music and sounds, graphic user interface and software (collectively referred to as “content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved by us.
You also are not permitted to use our trade name, service marks or logo without our approval, unless they are part of material you are using as permitted under this section. All other trade names and trademarks not owned by us that may appear on our site and services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
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.
You may publish quotes of up to 80 words of any of our text content. Our status as the authors of content on our site and services must always be acknowledged by attributing Present.com as the source and providing a link to the page on our site or service where the original content is displayed. You are expressly prohibited from using, framing or embedding full articles or other text content.
You must not use any part of the content on our site or services 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, your right to use our site will cease immediately and you must destroy any copies of the materials you have made.
DO NOT RELY ON CONTENT ON OUR SITE AND SERVICES
The content and products on our site and services are provided for general information and entertainment purposes only. The content is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content.
When we publish articles with titles such as ‘best products’ or ’10 best …’ please consider that this is based on the subjective opinion of the author of the article. We encourage you to do your own research regarding what would be the best product for you before making a purchase.
Although we make reasonable efforts to update the content on our site and services, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, reliable, complete or up to date.
We, nor any of our licensors, affiliates, subsidiaries, employees, contractors and other personnel, do not assume liability for any errors, omissions and inaccuracies in any content and products displayed on our site and services nor for any user’s reliance on such content.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Our site and services may contain references to other sites, services, apps or other offerings we do not control, for example by way of including links or by framing or embedding such sites, services, apps or other offerings Where our site and services contain such references, they are provided for your information only. Such links should not be interpreted as endorsement or approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and we do not assume any liability for such content, nor for the proper functioning of links, nor the safety or security of such sites or resources..
PROHIBITION ON TEXT OR DATA MINING OR WEB SCRAPING
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site and services or any services provided via, or in relation thereto. This includes:
- using (or permitting, authorising or attempting the use of) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same;
- using (or permitting, authorising or attempting the use of) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations;
- to (attempt to) compile, extract or aggregate the content on our site or services, regardless the technique used to do so.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
WE ARE NOT RESPONSIBLE FOR CONTENT OF CONTRIBUTORS
We work with different people, including independent contractors, in order to create content for our site and services and we strive to find high-quality contributors. We can, however, not guarantee that contributors have specific qualifications or credentials or that they otherwise have a particular level of expertise in the area the content they contribute to is about. We cannot and do not verify each and every piece of information a contributor provides us with when we hire him or her, such as their qualifications or level of expertise. This applies to all contributors, including those who consider themselves as an expert in a certain field and/or who we refer to as an expert. Therefore, we do not represent or warrant that the qualifications, expertise or credentials of contributors to our site and services are always accurate, true or complete.
WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that our site and services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site and services. You should use your own virus protection software.
USER-GENERATED CONTENT IS NOT APPROVED BY US
Our site and services may include opinions, recommendations, other information and content uploaded by users. Such opinions, recommendations, other information and content have not been verified or approved by us. Nor are they in any way endorsed by us. Any such opinions, recommendations,other information and content of users displayed on our site and services do not represent our own. We make no representations whatsoever in relation to the accuracy, reliability, completeness or timeliness of such user-generated content.
If you have a complaint about information expressed by other users of our site or services please contact us on firstname.lastname@example.org.
WITHOUT PREJUDICE TO THE SPECIFIC DISCLAIMERS INCLUDED IN THE OTHER SECTIONS OF THESE TERMS YOUR USE OF OUR SITE AND SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US, INCLUDING BUT NOT LIMITED TO DIRECTORS, OWNERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, REPRESENTATIVES, AGENTS, INFORMATION PROVIDERS, SUPPLIERS AND/OR DISTRIBUTORS, AFFILIATES, LICENSORS AND LICENSEES MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US INCLUDING BUT NOT LIMITED TO DIRECTORS, OWNERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, REPRESENTATIVES, AGENTS, INFORMATION PROVIDERS, SUPPLIERS AND/OR DISTRIBUTORS, AFFILIATES, LICENSORS AND LICENSEES REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS IAA LIMITED, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF OUR SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT, ANY USE OF OUR SITE’S AND SERVICES’ CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS, OR YOUR USE OF ANY INFORMATION OBTAINED FROM OUR SITE OR SERVICES.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
- We exclude liablity for personal injury, emotional distress, pain and suffering, and property damage, arising out of the use of our site and services.
- If we would be held liable, in any event our aggregate liability to you is, to the fullest extent permitted under applicable law, limited to the greater of £50 or the amount you have paid us for the applicable content, product or service out of which liability arose in the last 12 months preceding the event giving rise to liability.
- We do, however, not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products that we may sell directly to you (other than via a third-party supplier), which will be set out in our Terms and Conditions of supply.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site and services or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site and services; or
- use of or reliance on any content displayed on our site and services;
- the loss, deletion or corruption of data.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- other intangible losses; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site and services for domestic and private use. You agree not to use our site and services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Please note that we cannot be held liable for any loss, deletion or corruption of data you upload in connection with our site and services. Uploading and sharing any data is at your own risk.
- If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
UPLOADING CONTENT TO OUR SITE AND SERVICES
Users of our site and services may be able to express opinions or recommendations and upload products. In the event you use such features, you must make sure that you comply with our acceptable use policy.
You warrant that any such contribution complies with our acceptable use policy, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Any content you upload to our site and services will be considered non-confidential and non-proprietary. You retain all ownership rights in your content, but you are required to grant us and other users of our site and services a non-exclusive license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described under the heading rights you are giving us to use content you upload.
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 and services constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site and services if, in our opinion, your post does not comply with our acceptable use policy. Please also be aware that we may remove postings if we decide to change our site and services, for example by removing the comment feature altogether.
You are solely responsible for securing and backing-up your content. You acknowledge that, if you delete your content from our site or services, such content may not be immediately removed from all sources, due to technical processes such as backing-up and caching or because your content is referenced to or liked by others. You agree to indemnify us from all claims related to the retention of any content you have deleted.
HOW WE MAY USE YOUR COMMENTS AND IDEAS ABOUT OUR SITE AND SERVICES
You may choose to or we may invite you to submit comments,ideas, feedback or suggestions (collectively referred to as “comments”) about our site and services and any content, including about how to improve our site and services. By submitting any such comments, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the comments without any additional compensation to you and without giving you credit, and/or to disclose the comments or ideas on a non-confidential basis or otherwise to anyone and/or to incorporate any comments into our content. We do not waive our rights to any similar ideas to your comments which were previously known to us. By submitting any comments, you assign to us unconditionally all right, title and interest you may have in such comments.
HOW YOU MAY PROVIDE A PRODUCT REVIEW ON OUR SITE OR SERVICES
You may choose to or we may invite you to submit a review of a product or service, its performance, quality and functionality, by leaving a brief comment and apply a rating. The review cannot concern products or services that were not provided through our site or services.
You agree that you must provide your review on the basis of honest practices and principles of morality. Your review must be true and accurate and must comply with our acceptable use policy.
You acknowledge and agree that we retain all ownership rights of the reviews posted on our site and services.
If a third-party supplier of a product or service you reviewed has suspicions about the veracity and accuracy of a review, he may contact us at email@example.com and we will communicate with both parties to ensure the accuracy and veracity of the review. We reserve the right to withdraw the review and cancel a user’s account and/or restrict access to our site and services if it is determined that the review was false, misleading or inappropriate.
THIRD-PARTY PRODUCTS, SERVICES AND CONTENT
On our site and services, we bring together content, products and services of third parties (collectively also referred to as “third-party content and products”), so that our users can easily discover and navigate a range of content, products and services from a variety of sources in one place.
We advertise third-party content and products through our site and services and provide for affiliate links to third-party products and services. We participate in the Amazon Associates program and other affiliate programs and we display sponsored products through other means. You may also receive newsletters and other marketing communications including third-party content and products. We may earn commission on qualified purchases made through third-party affiliate links. The availability of third-party content and products and such affiliate links on our site and services does not mean that we endorse the third-party or its content, products or services. We are not responsible for any content, products or services we advertise or sponsor, nor do we assume any liability for third-party websites and content or purchases of third-party products or services.
When you access a third-party link you will be subject to the terms and conditions of the third-party website and/or the seller of the products or services. We are not responsible for, nor have control over such terms and conditions and we are not a party to the transaction you enter into with the third party you purchase products or services from. You are solely contracting with that third party. This also means that we are not responsible for any part of the purchasing process and that we cannot be held liable for any damages arising out of or resulting from your use of any third-party content, products or services. When you encounter a problem with your purchase, please contact the third-party seller, not us. Before you make a purchase of a third-party product or service, you are solely responsible to verify the price, quality, standards, specifications and any other information necessary to make an informed purchase.
To the maximum extent permissible by applicable law, we disclaim all waranties – whether express or implied, including those for fitness for a particular purpose and merchantability – and representations in relation to any third-party products, services, content and websites.
OUR ACCEPTABLE USE POLICY
You agree to be polite, fair and respectful in your interactions with us and other users of our site and services and to respect our and their rights and privacy.
You agree not to misuse our site and services, or help anyone else to do so. You must not misuse our site and services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site and services, the server on which they are stored or any server, computer or database connected to them. You must not attack our site or services via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. 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 and services will cease immediately.
You must not test the vulnerability of our site and services or network or breach or otherwise circumvent any security or authentication measures.
You must not send unsolicited advertisements, communications, promotions or spam.
You must not send altered, deceptive or false source-identifying information, including phishing.
You must not upload content that is not owned by you and/or for which you have not obtained the necessary consent of third parties having rights in the content. You warrant that content does not infringe on any third party’s (intellectual property) rights.
You must not impersonate anyone else or misrepresent your identity or affiliation with another person or organization.
You must not promote or advertise commercial activities or sales.
You must not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you upload, submit or post.
You must not upload any content that is sexually explicit, obscene, pornographic, indecent, fraudulent, defamatory, racist, discriminatory, violent, offensive, harassing, promotes or advocates terrorism or is in any other way illegal.
You must not advocate hatred against any person or group of people based on age, race, religion, ethnicity, sex, gender identity, sexual preference or impairment.
RIGHTS YOU ARE GIVING US TO USE CONTENT YOU UPLOAD
When you upload or post content to our site or services, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sell, prepare derivative works of, display, edit, adapt, and perform user-generated content in connection with the service provided by our site and services and across different media and to use the content to promote our site or the service. You also waive all moral rights that you, as the author, have, or may in the future have, with respect to your uploaded content.
When you upload or post content to our site or services, you also grant other users of our site and services and third parties such as advertisers and business partners, the right to access, view and store the content and use the content for their purposes or in accordance with the functionality of our site and services.
RULES ABOUT LINKING TO OUR SITE AND SERVICES
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.
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.
You must not establish a link to our site or services in any website that is not owned by you.
Our site must not be framed on any other site..
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with our acceptable use policy.
If you wish to link to or make any use of content on our site or services other than that set out above, please contact firstname.lastname@example.org.
HOW TO DEAL WITH DISPUTES
If you have a problem, a complaint or any other issue with us, our site or services, please bring it to our attention first by e-mailing us, so we are given a chance to directly communicate with you and try to resolve the issue. If we are not able to come to a solution satisfactory to all parties involved, you can bring an action in court or resort to arbitration, as applicable and subject to the following sections. Please note that any claim or action against us must be filed within 12 months from the date the claim arose.
BINDING ARBITRATION AND CLASS WAIVER
The following applies to US visitors to our site and services.
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of our site and services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the state of California.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 30 days from the date that you first purchased, subscribed to, or registered for the applicable product or otherwise accessed, visited and/or used our site or service. Your written notification to us must include: (1) your full name and address; (2) the name of the service or product you accessed, visited and/or used; and (3) a clear statement that you do not wish to resolve claims with us through arbitration and you do not waive your right to bring a class action in court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration clause is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
WHICH COUNTRY’S LAWS APPLY TO DISPUTES
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
If you are a consumer, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. However, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including this section, affects your rights as a consumer to rely on such mandatory provisions of local law.