Terms and Conditions

Last Updated: December 2019

1. INTRODUCTION

1.1 These Terms & Conditions are between Iconxons Limited (the "Company", "we," "us," or "our") and you ("you," "your," or "yourself").

1.2 Our Service constitutes a neutral platform for matchmaking between single adults to meet each other with a view to enter into matrimony.

1.3 These Terms & Conditions, combined with our Privacy Policy, form a legally binding Agreement between you and us ("Agreement").

1.4 We are responsible for the content of this website. Our details are: Iconxons Limited, registered address, 5 Jardine House, Harrovian Business Village, Bessborough Road, Harrow, Middlesex, HA1 3EX, United Kingdom.

1.5 The best way to contact us is through the Contact Us facility on the website.

2. DEFINITIONS

2.1 In these Terms & Conditions:

2.2 "Member" means any person whose Membership has been accepted by the Company and whose Membership remains valid for the time being. The term 'Member' includes free Members and paying Members, as the context requires.

2.3 "Membership" means your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership (and the relevant Company product for which you have a Membership).

2.4 "Privacy Policy" means the Privacy Policy available on the website, which combined with the Terms & Conditions represent the Agreement between you and the Company.

2.5 "Services" means any and all of the services provided by the Company by any means (including, but not limited to, the Website, the Apps, or any other technology).

2.6 "Terms & Conditions" means these terms and conditions which, together with the Privacy Policy, represent the Agreement between you and the Company, as varied and as amended by the Company at its full discretion at any time and published on the Website.

2.7 "User" means any Member and/or Visitor.

2.8 "Visitor" means any person who browses the Services.

2.9 "Apps" refers, individually and collectively, to each and all of the Mobile Apps, Desktop Apps, and Web Apps.

2.10 "Desktop Apps" means the desktop applications published by the Company and which may be offered from time to time.

2.11 "Mobile Apps" means the iOS application and the Android application or any other mobile/tablet device software applications published by the Company and which may be offered from time to time.

2.12 "Web Apps" means the web applications published by the Company and which may be offered from time to time.

2.13 "Website(s)" means, individually or collectively, the websites operated by the Company.

2.14 In these Terms and Conditions, the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa as the context shall admit or require.

3. PERSONAL PRIVACY AND PROTECTION OF MEMBER DATA

3.1 Please see our Privacy Policy for full details on how we store and use the personal information you provide to us.

4. ACCOUNTS AND SECURITY

4.1 To access the Services, you must have an account.

4.2 You must maintain, and are responsible for, the confidentiality of your Sign on and password.

4.3 The Services are open to everyone - subject to approval of an application by the Company according to these Terms & Conditions.

4.4 If requested, you must provide us with a form of identification to verify your identity.

4.5 The Company requires all Users to undertake to abide by the Privacy Policy and these Terms & Conditions, including, in particular, by agreeing to the Code of Conduct at Section 6 below.

4.6 You may not use our Services if:

4.6.1 You are under the age of 18.

Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information;

4.6.2 You have ever been convicted of a violent or sexually related criminal offence. We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Company cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member. For example, consider informing a relative or a close friend of any meeting and plan your first meeting in a public place.

4.6.3 You have previously been banned from using our Services or similar services.

4.7 The Company cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organised by the Company or by others using the Services.

5. CONDITIONS OF ADMISSION

5.1 You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services.

5.2 If you do not accept these Terms & Conditions and the Privacy Policy, you are not entitled to access our Services.

5.3 If you, use our Services; click to Register and/or sign in; and/or check a box to indicate you agree to these Terms & Conditions,(as may be the case), we will take this as your acceptance of these Terms & Conditions and your agreement to their content.

5.4 The Company reserves the right to offer admission to its Services in its full discretion.

5.5 By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.

6. CODE OF CONDUCT

6.1 Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions.

6.2 Each User irrevocably undertakes to refrain from:

6.2.1 Discrimination on the basis of a User's real or supposed: age, race, colour, ethnicity, national origin, sexual orientation, religion, caste, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;

6.2.2 Using the Services for any professional or commercial purposes, whether directly or indirectly, including offering, soliciting or promoting chargeable goods or services or financial compensation;

6.2.3 Engaging in any illegal activity whatsoever using our Services;

6.2.4 Posting any content or making any statement in any form which:

(a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(c) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, obscene, pornographic, vulgar or offensive;

(d) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; promotes illegal or harmful activities or substances;

(e) contain a link to any of content associated with the above prohibitions; and is otherwise contrary to applicable laws and regulations; and

6.2.5 Disseminating any personal information of any other User, including any contact details or similar, without that User's consent.

6.3 Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.

6.4 We conduct regular inspections of the use of our Services, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.

6.5 We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.

6.6 We may exclude or remove any User from its Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions.

7. CONDITIONS OF ACCESS

7.1 You shall select an email address and/ or username and a password when registering to our Services.

7.2 When you register, you will become a Member of the particular brand of the Services for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member without specific registration.

7.3 Your email address, username and the password shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing.

7.4 All Users undertake not to use another Member's email address, username or password, or any other personal information of another User. Any breach of these provisions may lead to the cancellation of a Member's Membership, without prejudice to the liability incurred by the relevant Member due to the use of the email address, username and/or password by another Member or third party.

7.5 Each Member shall take care not to disclose any personal information.

7.6 We will take any necessary measures to halt fraudulent behaviour, including to prevent the prohibited sharing of email address, usernames or passwords.

7.7 We reserve the option of removing: information published or present on the Website for more than 6(six) months; the account of a Member which has not been used for more than 6(six) months after the end of a subscription or has never been used after admission to Membership, after verification that no subscription is in progress.

7.8 Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software applications, etc.

8. PAID SERVICES

8.1 The use of the Paid Services assumes that the Member has a Subscription. Members can acquire a Subscription by using payment methods proposed by the website.

8.2 The prices and the terms of payment for the different Paid Services are displayed at all times on the website, including at the point when the member chooses to make a purchase.

8.3 The activation of a Subscription on a Member's account occurs as soon as, or a few moments after, a valid transaction has been completed (successful online transaction).

8.4 All prices stated include all relevant local taxes.

8.5 We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.

8.6 We may, from time to time, offer paid features (such as subscriptions, micropayments, etc.) through other service providers, such as the Apple app store or the Android market (each, an "App Store").

8.7 Such paid features may be subject to other payment conditions and other conditions than those in these Terms & Conditions. The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store.

8.8 We may offer members an initial free trial period. In such cases, you will get full access to the Service for the duration of the free trial period. The free trial period will expire after the designated period irrespective of whether you have used the service during the free trial period. At the end of the free trial period, your account will return automatically to a free member account and you will have access to limited features of the service. Free trials are not available for former subscribers. You will also not be entitled to a free trial if you have previously benefited from a free trial and cancelled it prior to paying a subscription fee.

9. AUTOMATIC RENEWAL

9.1 We automatically renew all paid Memberships before the expiry of the term of the paid Membership. When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT UNDER "CANCELLATIONS" BELOW IN THESE TERMS & CONDITIONS.

10. CANCELLATIONS

10.1 Cancellation of Free Membership

10.1.1 You may at any time and without the need to provide any reason end your free Membership with us by requesting the closure of their account in the area of the website designated for such purposes. Such request shall be deemed effective immediately on you deleting your account; or

10.1.2 You may also cancel your free Membership by writing to Cancellations through the Contact Us facility on the website. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned. Remember to include details of your email address/and or username you gave when you joined the website to help us authenticate your request.

10.2 Cancellation of Your Paid Membership

10.2.1 Under the laws applicable in your jurisdiction, subscribers may qualify for a refund if requested during a short period of time after the beginning of the first subscription payment. For example, citizens of the European Union have the right to cancel this contract within 14 days from the date the subscription begins. This 14-day period begins when the subscription service starts. If there was any free trial promotions, the 14-day period begins on the first day of your free trial, so you will not receive a refund as you were not charged.

10.2.2 You may cancel by writing to Cancellations through the Contact Us facility on the website or by post to Iconxons Limited, 5 Jardine House, Harrovian Business Village, Bessborough Road, Harrow, Middlesex, HA1 3EX, United Kingdom.

10.2.3 The cancellation notification must contain a clear statement of your decision to withdraw from the contract, including your email address and/or your username you gave when you joined the website to help us authenticate your request.

10.2.4 If you wish, you can also fill out the following form and send it to us but it is not required:

Cancellation form

To the attention of Cancellations, Iconxons Limited, 5 Jardine House, Harrovian Business Village, Bessborough Road, Harrow, Middlesex, HA1 3EX, United Kingdom.

I hereby give notice that I want to exercise my right of cancellation in connection with my purchase agreement for the provision of your service.

Subscribed on; Name; Address; Email address; Signature; Date.

10.2.5 Once we have received your cancellation request, we will send you confirmation via e-mail. In order to ensure that the cancellation notification is received within the correct time frame, please ensure that all documentation is sent and received within the 14 days cancellation period directly following the initiation of your contract.

10.2.6 If you cancel this contract within the 14 days, we will refund payments that we have received from you and the following criteria will then be used to determine the validity and amount of any refund.

If you have not used the service, we will refund your subscription in full.
If you have used the service*, we will refund a pro-rata amount of the subscription fee for the unused period of your subscription.
*The definition of service use is where you have sent a message to another member using the website's internal email system, where such a message could only have been sent by a Subscriber.

10.2.7 Reimbursement of your membership fees will be affected without delay and at the latest within 14 days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise. You will not be charged fees for this repayment.

10.2.8 After the initial 14 days of your first subscription, your Right of cancellation expires. You will then only be able to cancel the automatic renewal of your contract.

10.2.9 Additionally, we are unable to agree to, or issue any refunds where payment has been made via the iOS or Android mobile Apps. Please contact the relevant payment provider for any such refund requests.

10.3 Cancellation of Automatic Renewal

10.3.1 You may cancel your automatic renewal at least 48 (forty eight) hours before the Subscription expiry date, otherwise your subscription will renew automatically.

10.3.2 You may cancel your automatic renewal by signing into your account on the Website and following the area of the website designated for such purposes, or by writing to Cancellations through the Contact Us facility on the website. Remember to include details of your email address/and or username you gave when you joined the website to help us authenticate your request.

10.3.3 THE CANCELLATION OF YOUR PAID MEMBERSHIP WILL BE EFFECTIVE UPON THE EXPIRY OF THE RELEVANT PAID PERIOD AND YOU WILL HAVE FULL USE OF OUR SERVICES UNTIL THAT TIME. NO REFUND IS APPLICABLE.

10.3.4 Following cancellation of your paid Membership, you will retain a free Membership with limited scope of Services.

11. CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY

11.1 If we cancel a Member's Membership due to the Member's breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.

11.2 If we cancel a Member's Membership in our sole discretion for reasons other than that Member's breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.

12. TECHNOLOGY REQUIREMENTS

12.1The technology you use to access our Services may be required to meet minimum specifications provided by us.

12.2 We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Website and/or the Services) at any time in our sole discretion.

12.3 You acknowledge and agree that we have no obligation to: make any subsequent versions of the Apps available to you; make the Apps, the Website and/or the Services available to you at all; continue to support the Apps, the Website and/or the Services in any way.

12.4 You acknowledge that your access to the Apps, the Website and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Website and/or the Services at any time.

13. TERMS & CONDITIONS - UPDATES AND AMENDMENTS

13.1 The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.

14. PROVISION OF THE SERVICE

14.1 You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Website and/or the Services, or restrict your use of the Apps, the Website and/or the Services, at any time without notifying you in advance.

14.2 You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Website and/or the Services.

14.3 You acknowledge and agree that the Company can disable or deny you access to the Apps, the Website and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.

15. LICENSE, RESTRICTIONS AND CONDITIONS OF USE

15.1 Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, the Company hereby grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to:

15.1.1 install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Company's minimum specifications;

15.1.2 install any or all of the Desktop Apps on one or more computers which are owned by you, are under your control and which meet the Company's minimum specifications; and

15.1.3 view, review and utilize the Apps and any related information provided to you by the Company.

15.2 You agree not to access, or attempt to access, the Services by any means other than through the Website or the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).

15.3 You agree that you will not, in connection with your use of the Apps, the Website and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.

15.4 You shall not connect to or use the Apps, the Website and/or the Services in any way that is not expressly permitted by these Terms & Conditions.

15.5 You may not:

15.5.1 remove any proprietary notices from the Services or any copy of software provided to you by the Company ("Software");

15.5.2 cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, the Services or any Software;

15.5.3 sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Services or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of the Company; or

15.5.4 make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, the Website or the Services.

15.6 Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:

15.6.1 engage in any activity that:

(a) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(b) is defamatory, obscene, pornographic, vulgar or offensive;

(d) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(e) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(f) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;

(g) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person's identity (whether a real identity or online nickname or alias); or

(h) is otherwise contrary to applicable laws and regulations;

15.6.2 disseminate any personal information of any other User, including any contact details or similar, without that User's consent;

15.6.3 institute, assist, or become involved in any type of attack, including, without limitation, denial of service attacks, upon the Apps, the Website and/or the Services (or any servers, systems or networks connected to the Apps, the Website and/or the Services);

15.6.4 attempt to obstruct, disrupt or interfere with the operation of the Apps, the Website and/or the Services or any other person's or entity's use of the Apps, the Website and/or the Services (or any servers, systems or networks connected to the Apps, the Website and/or the Services);

15.6.5 attempt to gain unauthorized access to the Apps, the Website, the Services, accounts registered to other Users, or any servers, systems or networks connected to the Apps, the Website and/or the Services;

15.6.6 use the Apps, the Website and/or the Services to:

(a) develop, generate, transmit or store information that is unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offence; or

(b) perform any unsolicited commercial communication not permitted by applicable law.

15.7 Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.

15.8 We conduct regular checks of the use of our Services from time to time for safety and protection of fraud purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.

15.9 We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.

15.10 The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section or any other terms of these Terms & Conditions.

15.11 We may exclude any User from, or terminate any User's access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.

16. LINKS TO OTHER WEBSITES

16.1 Our Services may contain links to other websites and to resources provided by third parties ("Other Sites"). The Other Sites are linked to provide information only and are solely for your convenience.

16.2 The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.

16.3 If you choose to access Other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Sites.

16.4 Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, the Company does not make any representations or warranties in respect of or endorse the products or services advertised.

17. INTELLECTUAL PROPERTY

17.1 The trademarks (including but not limited to those of the website), logos, graphics, photographs, animations, videos and texts featured on the website and in our provision of the Services are the intellectual property of the Company or its partners and may not be reproduced, used or represented without the express permission of the Company or its partners, under threat of legal action.

17.2 The rights of use granted by the Company to the Member are strictly limited to accessing, downloading, printing and reproduction on all media and the use of these documents for private and personal purposes in the scope of, and for the duration of, the Member's membership. Any other use by the Member is prohibited without the express authorisation of the Company.

17.3 In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever, the Services, or elements comprising any part of the Services, from any of the website's webpages, software or code.

18. DISCLAIMER OF WARRANTIES

18.1 You understand and agree that your use of the Apps, the Website and/or the Services is at your sole risk.

18.2 The Apps, the Website and the Services are provided on an "as is" and "as available" basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).

18.3 To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

18.4 The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Website and/or the Services.

18.5 The Company does not represent or warrant that: you will be able to access or use the Apps, the Website and/or the Services at the times or locations of your choosing; that operation of the Apps, the Website and/or the Services will be uninterrupted, timely, error-free; your use of the Apps, the Website and/or the Services will meet your requirements; defects in the operation of the Apps, the Website and/or the Services will be corrected; or the Apps, the Website and/or the Services is free of viruses or other harmful components.

18.6 You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Website and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.

18.7 Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.

19. LIMITATION OF LIABILITY

19.1 To the maximum extent permitted by applicable law, the Company, its subsidiaries or holding company, any subsidiary of any such holding company, affiliates, successors, assigns, and their respective employees, agents, directors, officers and shareholders, whether individually or collectively (the "Related Parties") shall not be liable to you, under any contract, tort (including negligence), strict liability or other legal or equitable theory, for:

19.1.1 Any direct, indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the Apps, the Website and/or the Services, or affiliated services, even if the Company and/or the Related Parties have been advised or should have been aware of the possibility of any such losses or damages;

19.1.2 The cost of procurement of substitute goods, services or technology; or The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Apps, the Website and/or the Services.

19.2 Without limiting the foregoing, in no case shall the total liability of the Company and/or any or all of the Related Parties exceed the lesser of five times the most recent subscription paid or one hundred pounds (£100).

19.3 In all cases, the Related Parties will not be liable to you for any loss or damage that is not reasonably foreseeable.

19.4 Nothing in this Agreement shall limit or exclude the Company's liability for (a) death or personal injury arising from the Company's negligence or (b) fraud or fraudulent misrepresentations by the Company.

20. INDEMNIFICATION

20.1 To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the website or Services, (b) any user postings made by you, (c) your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.

21. GOVERNING LAW; JURISDICTION

21.1 The laws applicable to the interpretation of these Terms & Conditions shall be the laws of England and Wales.

21.2 You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.

22. DISPUTE RESOLUTION

22.1 You agree that, in the event any dispute or claim arising out of or relating to your use of the Apps, Website or the Services such dispute or claim shall be resolved in accordance with the following procedure (to the extent permitted by applicable law):

22.1.1 you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties;

22.1.2 if the parties are unable to resolve the dispute, then they shall be free to pursue their respective remedies in accordance with applicable law or these Terms & Conditions.

23. GENERAL

23.1 These Terms & Conditions and the Privacy Policy contain the entire Agreement between you and the Company. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

23.2 The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.

23.3 No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

23.4 The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company's prior written consent, and any attempted unauthorized assignment by you shall be null and void.

23.5 Clauses 17 to 23 inclusive will survive termination or expiration of this Agreement.