We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and
contributions
Please review this section and the
'PROHIBITED ACTIVITIES
'
section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ('Submissions'), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal
information, or other material ('Contributions'). Any Submission that
is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of
the Services and possibly through
third-party websites.
When you post Contributions, you grant us a
licence
(including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
licence
to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicence
the licences granted in this section.
Our use and distribution may occur in any media formats and through
any media channels.
This licence
includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or
posting Contributions
through any part of the Services
or making Contributions accessible through the Services by linking
your account through the Services to any of your social networking
accounts, you:
-
confirm that you have read and agree with our
'
PROHIBITED ACTIVITIES
'
and will not post, send, publish, upload, or transmit through the
Services any Submission nor
post any Contribution
that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all
moral rights to any such Submission
and/or Contribution;
-
warrant that any such Submission
and/or Contributions
are original to you or that you have the necessary rights and
licences
to submit such Submissions
and/or Contributions
and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions
and/or Contributions; and
-
warrant and represent that your Submissions
and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree to reimburse us for any and all losses that we
may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have
no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach
of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the
authorities.
12.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful
language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6)
you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you
may not organise
a campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole discretion.
We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable,
and sublicensable right and
licence
to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to review.
13.
MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install
and use the App on wireless electronic devices owned or controlled
by you, and to access and use the App on such devices strictly in
accordance with the terms and conditions of this mobile application
licence
contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection
with your access or use of the App; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App
for any revenue-generating
endeavour, commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or
users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App; (8) use the App to send
automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either
the Apple Store or Google Play (each an
'App Distributor') to access the Services: (1) the
licence
granted to you for our App is limited to a non-transferable
licence
to use the application on a device that
utilises
the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
licence
contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support
services with respect to the App; (3) in the event of any failure of
the App to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance
with its terms and policies, may refund the purchase price, if any,
paid for the App, and to the maximum extent permitted by applicable
law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant
that (i) you are not located in a country that is subject to a US
government embargo, or that has been designated by the US government
as a 'terrorist supporting'
country and (ii) you are not listed on any US government list of
prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the App,
e.g. if you have a VoIP
application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of
the terms and conditions in this mobile application
licence
contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application
licence
contained in these Legal Terms
against you as a third-party beneficiary thereof.
14.
SOCIAL MEDIA
As part of the functionality of the Services, you may link
your account with online accounts you have with third-party
service providers (each such account, a
'Third-Party Account'
) by either: (1) providing
your Third-Party Account login information through the
Services; or (2) allowing us to access your
Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each
Third-Party
Account. You represent and warrant that you are entitled to
disclose your
Third-Party
Account login information to us and/or grant us access to
your
Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable
Third-Party
Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the
third-party service provider of the
Third-Party
Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you
have provided to and stored in your
Third-Party
Account (the 'Social
Network Content') so that it
is available on and through the Services via your account,
including without limitation any friend lists and (2) we may
submit to and receive from your
Third-Party
Account additional information to the extent you are
notified when you link your account with the
Third-Party
Account. Depending on the
Third-Party
Accounts you choose and subject to the privacy settings that
you have set in such
Third-Party
Accounts, personally identifiable information that you post
to your
Third-Party
Accounts may be available on and through your account on the
Services. Please note that if a
Third-Party
Account or associated service becomes unavailable or our
access to such
Third-Party
Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on
and through the Services. You will have the ability to
disable the connection between your account on the Services
and your
Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may
access your email address book associated with a
Third-Party
Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to
use the Services. You can deactivate the connection between
the Services and your
Third-Party
Account by contacting us using the contact information below
or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that
was obtained through such
Third-Party
Account, except the username and profile picture that become
associated with your account.
15.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site or App) links to other websites ('Third-Party Websites' ) as well as
articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content
or items belonging to or originating from third parties ('Third-Party Content'). Such
Third-Party
Websites and
Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content posted
on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the
Third-Party Websites or
the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites
or any
Third-Party Content
does not imply approval or endorsement thereof by us. If you decide
to leave the Services and access the
Third-Party Websites or to
use or install any
Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services
offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any
Third-Party Content or any
contact with
Third-Party Websites.
16.
ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space
to place such advertisements, and we have no other relationship with
advertisers.
17.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the
law or these Legal Terms, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services
or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
18.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:
https://mnyify.com/privacy-policy
. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
the
United Kingdom and
United States. If you access the
Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
the
United Kingdom
and
United States
, then through your
continued use of the Services, you are transferring your data to
the
United Kingdom
and
United States
, and you expressly
consent to have your data transferred to and processed in
the
United Kingdom
and
United States
.
19.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
20.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services.
We will not be liable to you or
any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or
releases in connection therewith.
21.
GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws
of
the United Kingdom
, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of the
law in your country to residence.
SSAPRUS LIMITED and yourself both agree to
submit to the non-exclusive jurisdiction of the courts of
LONDON, which means that you may make a
claim to defend your consumer protection rights in regards to these
Legal Terms in
the United Kingdom, or in the EU country in which you
reside.
22.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
'Dispute' and collectively, the
'Disputes') brought by either you or
us (individually, a 'Party' and
collectively, the 'Parties'), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
these Legal Terms shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are in force at
the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of
arbitration shall be LONDON,
United Kingdom. The language of the proceedings shall
be English. Applicable rules of
substantive law shall be the law of
the
United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to
utilise
class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised
use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
23.
CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
24.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
25.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
26.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services;
(3) breach of these Legal
Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms;
(5) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or ( 6)
any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive
defence
and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our
defence
of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
27.
USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data.
28.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
29. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us,
simply reply to the text with "STOP.” You may receive an SMS
message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or received. The rates are determined by your carrier
and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications, please email us at
[email protected].
30.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
31.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all
defences
you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these Legal
Terms.
32.
CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us
at:
SSAPRUS LIMITED
71-75 Shelton Street Covent Garden
LONDON
WC2H 9JQ
United Kingdom