Welcome to Freshpersp! Your trusted partner in retirement planning and advice. Our expert team will guide you step by step to a carefree and financially secure future. Discover here how we can support you.

- You are looking for sound retirement advice and want to secure your financial future. -

Freshpersp | General terms and conditions

AGREE TO OUR LEGAL TERMS

We are Website ('Company', 'we', 'us', or 'our') .

We operate the website Website (the "Site"), as well as all other related products and services that refer to or link to these legal terms (the "Legal Terms") (collectively, the "Services").

__________

You can contact us by e-mail at [email protected] or by post to 110 Gloucester Ave., London NW1 8HX, United Kingdom.

These Legal Terms constitute a legally binding agreement between you, either personally or on behalf of an entity ("you"), and , regarding your access to and Website use of the Services. You agree that by accessing the Services, you have read, understood and agree to be bound by all these Legal Terms. IF YOU DO NOT AGREE TO ALL THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY CEASE USING THEM.

We will notify you in advance of planned changes to the Services you use. The amended legal terms will become effective upon posting or notification to you by [email protected], as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the amended terms.

We recommend that you print a copy of these legal terms and conditions for your records.

TABLE OF CONTENTS

1. OUR SERVICES 2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATION 4. USER REGISTRATION 5. PRODUCTS 6. PURCHASES AND PAYMENT 7. RETURN/REFUND POLICY 8. SOFTWARE 9. PROHIBITED ACTIVITIES 10. USER-GENERATED CONTRIBUTIONS 11. CONTRIBUTION AUTHORISATION 12. REVIEW GUIDELINES 13. SOCIAL MEDIA 14. THIRD-PARTY WEBSITES AND CONTENT 15. SERVICE MANAGEMENT 16. PRIVACY POLICY 17. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTIFICATION AND POLICY 18. DURATION AND TERMINATION 19. CHANGES AND INTERRUPTIONS 20. APPLICABLE LAW 21. DISPUTE RESOLUTION 22. CORRECTIONS 23. DISCLAIMER 24. LIMITATIONS OF LIABILITY 25. INDEMNIFICATION 26. USER INFORMATION 27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES 28. USERS AND RESIDENTS OF CALIFORNIA 29. MISCELLANEOUS 30. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate any law or regulation or subject us to a registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks and logos contained therein (the "Marks").

Our content and brands are protected by copyright and trademark laws (and various other intellectual property and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purposes.

Your use of our Services

Subject to your compliance with these legal terms and conditions, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use or internal business purposes.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written consent.

If you wish to use the Services, Content or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [ [email protected]. If we ever give you permission to post, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content or Marks and ensure that any copyright or proprietary notice appears or is visible when posting, reproducing or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any violation of these Intellectual Property Rights constitutes a material breach of our Legal Terms and your right to use our Services will be immediately terminated.

Your submissions and contributions

Please read this section and the 'PROHIBITED ACTIVITIES' section carefully before using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload content through the Services.

Submissions: By directly sending us questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in any such Submission. You agree that we own such Submission and are entitled to its unrestricted use and distribution for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

Contributions: The Services may invite you to chat, contribute to or participate in blogs, noticeboards, online forums and other functionality in which you may create, submit, post, display, transmit, publish, distribute or transmit 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 materials ("Contributions"). Any Submission posted publicly will also be treated as a Contribution.

You understand that Contributions may be visible to 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 Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, re-title, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, but not limited to, your image, name and voice) for any purpose whatsoever, commercial, advertising or otherwise, to prepare or incorporate derivative works of your Contributions into other works and to sublicense the licences granted in this section. Our use and distribution may be in all media formats and through all media channels.

This licence includes our use of your name, company name and franchise name, if any, and all 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 via any part of the Services or by making Contributions accessible via the Services by linking your account via the Services to one of your social network accounts: confirm that you have read and agree to our 'PROHIBITED ACTIVITIES' and that you will not post, send, publish, upload or transmit any Submission via the Services, nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, harassing, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceptive or misleading; to the extent permitted by applicable law, waive all moral rights in 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 rights in respect of 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 indemnify us for any losses we may incur as a result of your breach of (a) this section, (b) the intellectual property rights of third parties or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor contributions, we have the right to remove or edit contributions at any time without notice if, in our reasonable opinion, we consider such contributions to be harmful or in breach of these Legal Terms. If we delete or edit such contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright that you own or control, please immediately refer to the 'DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY' section below.

3. STATEMENTS BY USERS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services by automated or non-human means, whether by bot, script or otherwise; (6) you will not use the Services for illegal or unauthorised purposes; and (7) your use of the Services does not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any part thereof).

4. REGISTRATION OF THE USER

You may need to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim or change any username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise offensive.

5. PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications and details of the products are accurate, complete, reliable, current or free from other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue products at any time and for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You further agree to promptly update account and payment information, including email address, payment method and payment card expiry date, so that we can complete your transactions and contact you if necessary. VAT is added to the price of purchases as deemed by us. We may change prices at any time.

You agree to pay all charges at the prices then in force for your purchases and any applicable shipping charges, and you authorise us to charge such amounts when you place your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders using the same billing or shipping address. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

7. RETURN/REFUND POLICY

Please read our Return Policy on the Services before making any purchases.

8. PROGRAMMATURE

We may include software for use in connection with our Services. If such software is accompanied by an end-user licence agreement ("EULA"), the terms of the EULA will apply to your use of the software. If such software is not accompanied by an EULA, we grant you a non-exclusive, revocable, personal and non-transferable licence to use such software solely in connection with our Services and in accordance with these legal terms. All software and all related documentation is provided 'AS IS' without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You accept all risks arising from the use or performance of software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

10. USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to or participate in blogs, noticeboards, online forums and other functionality, and may allow you to create, submit, post, display, transmit, perform, publish, distribute or transmit content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions"). Contributions may be visible to other users of the Services and through third party websites. As such, any Contributions you submit may be treated as non-confidential and non-proprietary. When you create or make Contributions available, you thereby represent and warrant that:

Any use of the Services in violation of the foregoing is in violation of these Legal Terms and may, among other things, result in termination or suspension of your rights to use the Services.

11. CONTRIBUTION PERMIT

By posting your Contributions on any part of the Services or by making Contributions accessible to the Services by linking your account from the Services to one of your social network accounts, you automatically grant, and represent and warrant that you have the right to grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and licence to host, use, copy reproduce, disclose, sell, resell, re-sell, publish, broadcast, re-title, archive, store, save, publicly perform, reformat, translate, transmit, broadcast (including but not limited to, your image and voice) for any purpose, commercial, advertising or otherwise, and to incorporate derivative works of, or incorporate such Contributions into, other works and to grant and allow sublicences of the foregoing. Use and distribution may be made in all media formats and through all media channels.

This licence applies to any form, media or technology now known or developed in the future, and includes our use of your name, company name and franchise name, if any, and all trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your Contributions and you warrant that moral rights are not otherwise asserted in your Contributions.

We do not detract from your Contributions. You retain full ownership of all your Contributions and all intellectual property or other proprietary rights related to your Contributions. We will not be liable for any statements or representations in your Contributions made by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to release us from all liability and to refrain from taking any legal action against us in relation to your Contributions.

We have the right, in our sole discretion, to (1) edit, redact or otherwise modify contributions; (2) re-categorise contributions to place them in more appropriate locations on the Services; and (3) pre-screen or remove contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.

12. GUIDELINES FOR ASSESSMENTS

We may offer you areas on the Services to leave ratings or reviews. When you post a review, you must meet the following criteria: (1) you must have first-hand experience with the person / entity being reviewed; (2) your reviews must not contain offensive profanity or offensive, racist, abusive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors when posting negative reviews; (6) you must not draw conclusions about the legality of behaviour; (7) you must not post false or misleading statements; and (8) you must not organise a campaign to encourage others to post reviews, whether positive or negative.

We may accept, reject or remove reviews at our discretion. We are under absolutely no obligation to screen reviews or remove reviews, even if someone finds reviews offensive 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 accept no liability for any review or for any claims, liabilities or losses arising from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, assignable and sublicensable right and licence to reproduce, modify, translate, transfer, display, perform and/or distribute any content related to review in any manner.

13. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account to online accounts you have with third-party service providers (each such account, a "Third Party Account") by: (1) providing your Third Party Account Login Details through the Services; or (2) providing us with access to your Third Party Account, as permitted under the applicable terms and conditions applicable to your use of each Third Party Account. You represent and warrant that you have the right to disclose your third-party account login details to us and/or grant us access to your third-party account without violating any of the terms and conditions applicable to your use of the applicable third-party account, and without requiring us to pay any fees or subjecting us to usage restrictions imposed by the third-party account's third-party service provider. By granting us access to 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 through your account, including but not limited to friends lists and (2) we may submit to and receive additional information from your third-party account to the extent you are notified when you link your account to the third-party account. Depending on the third-party accounts you choose and depending on the privacy settings you have set in such third-party accounts, personally identifiable information 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, social network content may no longer be available on and through the Services. You have the option to disconnect 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 LINKED TO YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review social network content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for social network content. You acknowledge and agree that we may access your email address book associated with a Third Party Account and your list of contacts stored on your mobile device or tablet computer solely to identify and notify 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 details below or through your account settings (if applicable). We will attempt to delete all information stored on our servers and obtained through such third-party account, except for the username and profile picture associated with your account.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links (or you may be sent through the Site) to other websites ('Third Party Websites') as well as articles, photographs, text, graphics, images, 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 by us for accuracy, suitability or completeness, and we are not responsible for any Third Party Websites accessed through the Services or Third Party Content posted on, available through or installed from the Services, including the content, accuracy, objectionability, opinions, reliability, privacy practices or other policies of or incorporated into the Third Party Websites or the Third Party Content. The inclusion of, linking to or allowing the use or installation of third party websites or third party content does not imply any endorsement or approval thereof by us. If you decide to leave the Services and access Third Party Websites or use or install Third Party Content, you do so at your own risk and should be aware that these Legal Terms no longer apply. You should read the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Services or with respect to applications you use or install from the Services. Any purchases you make through third-party websites will be made through other websites and from other companies, and we assume no responsibility with respect to such purchases that are solely between you and the applicable third party. You agree and acknowledge that we do not endorse any products or services offered on third-party websites and that you indemnify us against any damages caused by your purchase of such products or services. In addition, you will hold us liable for any losses you suffer or damages caused to you in relation to or in any way arising from third party content or any contact with third party websites.

15. MANAGEMENT OF SERVICES

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 but not limited to reporting such a user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit or disable (to the extent technologically feasible) all or any part of your Contributions; (4) in its sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable all files and content that are excessively large or in any way burdensome to our systems; and (5) otherwise operate the Services in a manner designed to protect our rights and property and facilitate the proper operation of the Services.

16. PRIVACY POLICY

We care about data privacy and security. Please read our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is included in these Legal Terms. Please note that the Services are hosted in the United Kingdom. If you access the Services from another region of the world with laws or other requirements relating to the collection, use or disclosure of personal data that differ from applicable laws in the UK, your continued use of the Services transfers your data to the UK and you expressly consent to your data being transferred to and processed in the UK.

17. NOTIFICATION AND POLICY OF THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright that you own or control, immediately notify our Designated Copyright Agent using the contact details below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please note that under federal law, you may be liable for damages if you make a material misrepresentation in a Notification. So if you are unsure whether material located on or linked to by the Services infringes your copyright, you should consider contacting an attorney first.

All notices must comply with the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notice, a representative list of such works on the Services (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Defence

If you believe that your own copyrighted material has been removed from the Services due to an error or misidentification, you may submit a written counter-notification to [us/our designated copyright agent] using the contact details below (a "Counter-Notification"). To be an effective defence under the DMCA, your defence must contain substantially the following: (1) identification of the material that has been removed or disabled and the location where the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the federal district court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party submitting the notice or the party's representative; (4) your name, address and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question has been removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written defence that meets the requirements described above, we will restore your removed or disabled material unless we first receive notice from the party submitting the notice to inform us that such party has filed a legal action to restrain you from engaging in infringing activity with respect to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by accident or misidentification, you may be liable for damages, including costs and attorney fees. Filing a false defence is perjury.

Designated copyright agent

18. DURATION AND TERMINATION

These Legal Terms will remain in full force and effect for as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO REFUSE ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE 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 false or borrowed name or the name of a third party, even if you are 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 but not limited to pursuing civil, criminal and injunctive relief.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or delete content on the Services at any time or for any reason at our sole discretion and without notice. However, we are under no obligation to update any information on our Services. We also reserve the right to modify or discontinue any or all of the Services at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or termination of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance with respect 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 will not be liable in any way for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or termination of the Services. Nothing in these Legal Terms shall be construed as requiring us to maintain and support the Services or to provide corrections, updates or releases in connection therewith.

20. APPLICABLE LAW

These legal terms are governed by and construed in accordance with the laws of England, and the United Nations Convention on Contracts for the International Sale of Goods is expressly applied. In addition, if your habitual residence is in the EU, the US or any of the other 62 countries party to the Convention, you have the protection afforded to you by mandatory provisions of the law in your country of residence. This means that you can make a claim to defend your consumer protection rights in respect of these legal terms in England or in any country party to the Convention where you reside.

21. DISPUTE RESOLUTION

Binding arbitration

If you are a resident of the European Union, any dispute arising out of or in connection with these legal terms and conditions will be resolved by an arbitrator appointed in accordance with the arbitration and internal rules of the European Court of Arbitration, which is part of the European Centre for Arbitration in Strasbourg. The seat of arbitration is England. The principal language of proceedings is English. The applicable law for these proceedings is the law of England.

If you are a resident of the United States, disputes will be resolved by arbitration in the United States. The applicable law for this procedure is US law.

For residents of another country, the place of arbitration and the procedures are the same as those established for residents of the European Union.

Restrictions

The parties agree that any arbitration will be limited to the Dispute between the parties individually. To the extent permitted by law, (a) no arbitration will be merged with any other proceeding; (b) there is no right or power for a Dispute to be arbitrated on the basis of class actions or to use class action procedures; and (c) there is no right or power to file a Dispute in a purported representative capacity on behalf of the general public or other persons.

Exceptions to arbitration

The parties agree that the following disputes are not subject to the above provisions relating to binding arbitration: (a) disputes seeking to enforce or protect, or relating to the validity of, any of a party's intellectual property rights; (b) any dispute relating 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, neither party shall elect to settle any dispute covered by that part of this provision found to be illegal or unenforceable and any such dispute shall be settled by a court of competent jurisdiction within the courts listed above for jurisdiction, and the parties agree to submit to the personal jurisdiction of such court.

22. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Services at any time, without notice.

23. DISMISSAL OF APPEAL

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE 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 AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND 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 THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN 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 THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION DISPLAYED IN A BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. JUST AS WHEN PURCHASING ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE COMMON SENSE AND EXERCISE CAUTION WHERE APPROPRIATE.

24. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL 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 PROFITS, LOST INCOME, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO US, IF ANY, DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE 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.

25. FREEDOM

You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all our respective officers, agents, partners and employees, harmless 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) violation of these Legal Terms; (4) any breach of your representations and warranties set out in these Legal Terms; (5) your violation of any third party's rights, including but not limited to intellectual property rights; or (6) any overtly harmful act towards any other user of the Services with whom you are connected through 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 with our defence of such claims at your expense. We will use reasonable efforts to notify you of any such claim, action or proceeding subject to such indemnification as soon as we become aware of it.

26. USER DATA

We retain certain data that you send 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 routine data backups on a regular basis, you are solely responsible for any data you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall not be liable to you for any loss or corruption of such data, and you hereby waive any right of action against us as a result of such loss or corruption of such data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending e-mails and filling in online forms constitute electronic communications. You agree to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Services comply with all legal requirements that such communications be in writing. YOU HEREBY CONSENT 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 THROUGH THE SERVICES. You hereby waive any rights or requirements under statutes, regulations, rules, ordinances or other laws in any jurisdiction that require an original signature or delivery or preservation of non-electronic records, or for payments or credits by means other than electronic means.

28. USERS AND RESIDENTS OF CALIFORNIA

If a complaint with us is not resolved to your satisfaction, you may 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 phone at (800) 952-5210 or (916) 445-1254.

29. OTHER

These Legal Terms and any policies or operating rules posted by us on the Services or relating 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 permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay or negligence caused by any cause beyond our reasonable control. If any provision or part of any provision of these Legal Terms is found to be illegal, void or unenforceable, that provision or part of the provision shall be deemed to be severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms shall not be construed against us by reason of your having made them. You hereby waive any defences you may have based on the electronic form of these Legal Terms and the lack of signature by the parties to enforce these Legal Terms.

30. CONTACT US

To resolve a complaint regarding the Services or to receive more information about the use of the Services, please contact us at:

110 Gloucester Ave., London NW1 8HX, United Kingdom

[email protected]