WeDrive Last updated [May 2020]
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site, mobile application, 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 Platform operates as a platform for Driving Instructors and Learner Drivers to connect, book lessons, receive feedback. We do not provide driving lessons.
2. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site and App, you are granted a limited license to access and use the Site and App and to 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. We reserve all rights not expressly granted to you in and to the Site, App, Content and the Marks.
3. USER REPRESENTATIONS
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 and all current or future use of the Site and App and App (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site and App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you wish to be registered as a Learner Driver on the Platform, you must (a) be at least 16 years old and; (b) be a legitimate and genuine potential Learner driver currently looking for a driving instructor or seeking to book and attend driving lessons, a mock driving test, or refresher driving lesson.
5. USE OF THE PLATFORM
5.1 As a potential Learner driver, you may use our Platform to search for and book a Lesson/mock test with a Driving Instructor and then to message that Driving Instructor. When you book a Lesson, we (WeDrive/Smart Lifestyle Ltd.) do not take or handle payment of the Fee, and your contact details will be passed to the Driving Instructor. You agree that on booking the Lesson you are entering into a contract with the Driving Instructor and not with us, and that we are not responsible or liable to you in relation to the Lesson. We provide no recommendations or endorsements regarding a specific Driving Instructor or the quality of their Lessons.
When you use the Platform you must comply with all applicable laws. In particular, but without limitation, you agree not to use the Platform for any unlawful purposes nor to attempt to gain any unauthorised access to the Platform or any networks, servers or computer systems connected to the Platform and agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Platform save to the extent expressly permitted by law or not capable of lawful exclusion.
The copyright in all Platform Content is owned by, or licensed to, us. All rights are reserved by us. You may view, print or download extracts of the Site Content for your own use. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever, or use the Site Content without our express permission.
You will receive a reminder before your scheduled lesson. Please response to the notification promptly in order to help your Driving instructors managing their schedule.
Should you be reported by you Driving Instructor or multiple different Driving Instructors too many cancellations, you may be temporarily banned from operating an account on the Platform.
You may leave a review within the Platform for a Driving Instructor you have booked one or more completed Lessons with via the Platform. You warrant and represent that any review you post shall:
- be honest and properly reflect your experience (and not the experience of someone else) of a Lesson and of your interaction with the Driving Instructor;
- not be deliberately misleading or confusing;
- not relate to a family member;
- not breach the provisions of any law, statute or regulation including any applicable data protection laws and/or regulations;
- not infringe the copyright or other intellectual property rights of any third party;
- not be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence; and/or
- not give rise to any cause of action against us.
5.2 We do not monitor or edit any reviews. However, we may remove a review at any time and without notice to you should we reasonably believe that such content infringes any of the provisions pertaining to Condition 5.1.
5.3 If, having left a review, you wish to make a complaint about a Lesson, you should in the first instance contact us by email and we shall take such action as we deem commercially reasonable. However, we do not promise to return any previously payable Fee to you for services already rendered.
6. PAYMENT AND CANCELLATION
You will pay the fee for your Lesson to the Driving Instructor directly, through instructor’s in-app personal PayPal link, or by cash, or via other means. The WeDrive Platform is not responsible for setting, taking, handling or processing the Lesson fee.
If you have booked a Lesson through the Platform, you may cancel the lesson without Instructor’s prior approval up to (no less than) 24 hours before the scheduled start time of the booked Lesson. If the cancellation falls within 24 hours of the agreed scheduled Lesson start time, you are required to first contact the Instructor to discuss the cancellation. The Instructor may modify the Lesson information exhibited on the Platform.
7. USER GENERATED CONTRIBUTIONS
The Site and App may invite you to chat, contribute to, or participate in blogs, circles, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site and App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and App and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. your Contributions do not violate any applicable law, regulation, or rule.
10. our Contributions do not violate the privacy or publicity rights of any third party.
11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. your Contributions do not violate any UK law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
8. PROHIBITED ACTIVITIES
You may not access or use the Site and App for any purpose other than that for which we make the Site and App available. The Site and App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the site and App, you agree not to:
1. systematically retrieve data or other content from the Site and App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site and App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use any WeDrive Site or App to solicit, advertise, or offer to sell any goods or services
4. circumvent, disable, or otherwise interfere with security-related features of the Site and App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and App and/or the Content contained therein.
5. engage in unauthorized framing of or linking to the Site and App.
6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of abuse or misconduct.
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. interfere with, disrupt, or create an undue burden on the Site and App or the networks or services connected to the Site and App.
10. attempt to impersonate another user or person or use the username of another user.
11. sell or otherwise transfer your profile.
12. use any information obtained from the Site and App in order to harass, abuse, or harm another person.
13. use the Site and App as part of any effort to compete with us or otherwise use the Site and App and/or the Content for any revenue-generating endeavor or commercial enterprise.
14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and App.
15. attempt to bypass any measures of the Site and App designed to prevent or restrict access to the Site and App, or any portion of the Site and App.
16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and App to you.
17. delete the copyright or other proprietary rights notice from any Content.
19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site and App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site and App.
20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site and App, or using or launching any unauthorized script or other software.
22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or App.
23. use the Site and App in a manner inconsistent with any applicable laws or regulations.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site and App [or making Contributions accessible to the Site and App by linking your account from the Site and App to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and 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 waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site and App. You are solely responsible for your Contributions to the Site and App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site and App; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. SAFETY: YOUR INTERACTIONS WITH OTHER USERS
Though WeDrive strives to encourage a respectful user experience – through the acceptance of our Code of Conduct [see section 11, below] which the User opts into on use of our App or Website – we are not responsible for the conduct of any user on or off the WeDrive platform and Service (Website or App). As a WeDrive Platform user, you agree to use caution in all interaction with Driving Instructors.
You are personally and solely responsible for your interactions with other WeDrive Learners and Instructors. You understand that neither WeDrive or Smart Lifestyle Ltd. conducts criminal background checks on its users or listed Driving Instructors nor otherwise make any additional inquiries into the background of its Users. We make no representations or warranties as to the conduct of Users. We reserve the right to conduct – and you agree that Smart Lifestyle may conduct – any criminal background check or other screenings at any time using available public records.
11. COMMUNITY RULES: ‘CODE OF CONDUCT’
Whilst using this Service you may choose to interact with other Users, including (but not limited to) the voluntary sharing of Content or viewing of Content shared by other Users, or other direct communications, within optional social functions (for example a ‘messaging’ capability) that are, or will be, built into the App as part of the Service. By using our Service you agree that you will not:
• use the Service for any harmful or nefarious purpose.
• use the Service for any purpose that is illegal or prohibited anywhere within this Agreement.
• use the Service in order to damage WeDrive or Smart Lifestyle Ltd.
• violate any of the conditions specified within this Agreement – which is updated from time to time.
• spam, solicit from or defraud any User.
• impersonate any person or entity or post any images of another person without their permission.
• intimidate, bully, harass, ‘stalk’, defame, or otherwise mistreat any person.
• post any Content that violates any person’s or entity’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post or share any Content that may constitute hate speech, or reasonably be considered threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person’s personal information without their permission.
• use another User’s account.
• create another account if we have already terminated your account, unless you have our permission.
We reserve the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on or off the Service.
12. GUIDELINES FOR REVIEWS
We may provide you areas on the Site and App 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 hate 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 organize 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 license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
13. MOBILE APPLICATION LICENSE
Apple and Android Devices
14. SOCIAL MEDIA
As part of the functionality of the Site and App, 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 Site and App; 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 Site and App 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 Site and App. 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 Site and App. You will have the ability to disable the connection between your account on the Site and App 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 Site and App. You can deactivate the connection between the Site and App 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.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
16. THIRD-PARTY WEBSITES AND CONTENT
Our Services may occasionally contain advertisements and promotions offered by third parties, sometimes including links to other web sites or resources. WeDrive and Smart Lifestyle Ltd. are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.
We allow advertisers to display their advertisements and other information in certain areas of the Site and App, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and App and any services provided on the Site and App or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our provisions as described below, and you understand and agree there will be no refund or other compensation for takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
18. SITE AND APP MANAGEMENT
20. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Site and App infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided 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 be advised that pursuant to appropriate law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site and App infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet 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 authorized 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 Site and App are covered by the Notification, a representative list of such works on the Site and App; (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 email 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 authorized 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Site and App as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the court in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (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 was removed or disabled as a result of a 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 Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
21. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site and App infringes upon any copyright you own or control, please immediately notify us using the contact information provided 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 be advised that, as far as is pursuant to appropriate law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site and App infringes your copyright, you should consider first contacting an attorney.]
22. TERM AND TERMINATION
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.
23. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site and App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site and App. We also reserve the right to modify or discontinue all or part of the Site and App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site and App.
24. GOVERNING LAW
If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25. DISPUTE RESOLUTION
Option 2: Informal Negotiations
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Except where otherwise required by other applicable law, the arbitration will take place in, and under the laws of, England and Wales Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site and App be commenced more than 2 years after the cause of action arose. 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.
Option 3: Binding Arbitration
In no event shall any Dispute brought by either Party related in any way to the Site and App or Services be commenced more than 2 years after the cause of action arose. 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.
Option 2/Option 3: 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 utilize 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.
Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] 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 unauthorized 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.
There may be information on the Site and App that contains typographical errors, inaccuracies, or omissions that may relate to the Site and App, 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 Site and App at any time, without prior notice.
The Site and App is provided on an as-is and as-available basis. You agree that your use of the Site and App 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 Site and App 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 Site and App’s content or the content of any websites linked to this site and app 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 Site and App, (3) any unauthorized 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 Site and App, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site and App 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 Site and App. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site and App, 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 judgment and exercise caution where appropriate.
28. 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 Site and App, even if we have been advised of the possibility of such damages.
To the fullest extent allowable by law, our total liability on all claims, whether in contract, warranty, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, shall not exceed the price you paid directly to Smart Lifestyle Ltd. specifically to access the software.
As specified in the Disclaimer in section 23, the information contained in the Website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of Smart Lifestyle Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Smart Lifestyle Ltd. makes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
30. USER DATA
We will maintain certain data that you transmit to the Site and App for the purpose of managing the Site and App, as well as data relating to your use of the Site and App. 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 Site and App. 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.
31. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site and App, 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 Site and App, 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 SITE AND APP. 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.
In order to resolve a complaint regarding the Site and App or to receive further information regarding use of the Site and App, please contact us at:
Smart Lifestyle Ltd
12 John Prince's St, Marylebone,
London W1G 0JR