Terms of Use

Welcome to the So Syncd Ltd (“we” “us” “our” or the “Company”). We have a website at www.sosyncd.com (the “Site”) and an associated native mobile application (the “App”) which is a dating app that connects compatible personality types. These terms of use, together with any other documents, policies and terms referred to herein, set out the terms of use under which you may use this Site or App and under which we supply products to you, whether these are goods, services or digital content (the ‘Terms”).

Any reference to “you” in these Terms includes yourself and any person that accesses or uses the Site or App and the services we make available via the Site or App (the “Services”) or any paid subscription for Services (a “Subscription”) on your behalf, whether as a guest or a registered user.

Please read these Terms carefully before using the Site or App or before submitting your order to us and note that these Terms are inclusive of our Privacy & Cookie Policy, our safety tips and any guidelines we may adopt from time to time. By using our Site or App or by submitting an order to us, you confirm that you accept these Terms and agree to comply with them. These Terms apply every time you use our App or Site and every time you submit an order to us. If you do not agree to these Terms, you must not use our Site or App or submit an order to us.

The ways in which you can use the App may also be controlled by Apple Store and Google Play’s rules and policies and either the Apple App Store or Google Play Store’s rules and policies will apply instead of these Terms where there are differences between the two.

Notice of Auto-Renewal: If you purchase a subscription through the Service for an initial period (such as the monthly subscription), then these Terms will automatically renew for additional periods of the same duration as the initial period at Company’s then-current fee for such subscription, unless you opt-out of the auto-renewal in accordance with these Terms.

Our Site is not affiliated with the Myers & Briggs Foundation.

1. About us and how to contact us

Our Site is owned and operated by the Company, which is registered in England and Wales under company number 12156289 and has its registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ.

How we may contact you. If we have to contact you we will do so directly via the App or via email.

“Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.

2. Changes to these Terms

We may revise these Terms at any time by amending this page. Please check this page from time to time for any changes, as they are binding on you upon your first use of the Site or App or upon your submission of any order after the changes have been introduced. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions that are current and in effect will prevail (unless it is expressly stated otherwise).

If you do not accept the notified changes to these Terms, you must notify us by email. You may be able to continue to use the Site/App and the Services in accordance with the previous version of the Terms but certain new features may or may not be available to you. In certain circumstances, you may or may not be permitted to continue to use the App/Site and the Services.

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may or may not be able to continue using the App and the Services.

The App will always match the description provided to you when you download it. However, please note that any of the content on our Site or App may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Site or App, or any content on it, will be free from errors or omissions.

3. We may collect location data (but you can turn location services off)

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

You may stop us collecting such data at any time by turning off the location services settings on your device.

4. Eligibility to make use of the App / Site and your account

You warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that by using our Site or App you will not be contravening any law or regulation of your resident country. You are solely responsible for your compliance with all applicable local laws and regulations and you must not use our Site or App if its use is not permitted in your locality.

In using our Site or App, you represent and warrant that you are at least 18 years old.

By using our Site or App, you represent that: (a) you have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services; or (b) you are not required to register as a sex offender with any state, federal or local sex offender registry.

When you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]. We will not be liable for any unauthorised use of your account.

You may close your account at any time. Within ‘settings’ in the App, you will find a ‘delete my account’ button. We will then proceed to delete your profile and data accordingly.

5. Accessing our Site

We do not guarantee that our Services, our Site or App, or any content on it, will always be available or be uninterrupted. Access to our Site or App is permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site, App or Services without notice. We will not be liable to you if for any reason our Site or App is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site or App.

You are also responsible for ensuring that all persons who access our Site or App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Availability to accessing all areas of the Site or App inclusive of premium features or services may only be possible depending on the level of your Subscription.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

6. Your Content

Content that you post using our Services is your content, and includes (but is not limited to) anything you post using our Services such as usernames, profile pictures, photos, descriptions, reviews, comments or videos (“Your Content”). We do not make any claim to Your Content. Your Content must comply with the Content Standards below.

Responsibility for Your Content. You understand that you are solely responsible for Your Content. You warrant that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it or uploading it to the Site. You agree to indemnify us for any loss or damage suffered by us as a result of your breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Permission to use Your Content. By posting, submitting or transmitting Your Content on or via our Site, you grant us a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help us function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content and use it to deliver our Services to you.

Rights you grant to us. By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, fully transferable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to operate and promote the Site, in any format and through any channels, including across any third-party website or advertising medium. Your Content will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties.

Reporting unauthorized content. We take intellectual property rights very seriously and are committed to following appropriate legal procedures to remove infringing content from our Site. If content that you own or have rights to (including Your Content) has been posted to the Site without your permission and you want it removed, please contact us at [email protected]. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the Site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.

Inappropriate, false or misleading content. This should be common sense, but there are certain types of content we don’t want posted via the Site (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms (including the Content Standards set out in paragraph 15 below). You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Site.

We do not always encrypt your messages, and we reserve the right to monitor those messages and other content for compliance with our Terms & Conditions (for example, where the content of your messages is reported for breaching our Terms & Conditions).

7. Prohibited uses

You may use our Site or App only for lawful purposes. You shall not use our Site or App:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use or reuse any material that does not comply with our content standards described in the next paragraph (Content Standards).

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms.

• Not to access without authority, interfere with, damage or disrupt:

    • – any part of our Site or App;
    • – any equipment or network on which our Site or App is stored;
    • – any software used in the provision of our Site or App; or
    • – any equipment or network or software owned or used by any third party.
8. Content standards

These content standards apply to any and all material that you upload or contribute to our Site or App (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).

• Be genuinely held (where they state opinions).

• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material that is defamatory of any person.

• Contain any material that is obscene, offensive, hateful or inflammatory.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trademark of any other person. Be likely to deceive any person.

• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Give the impression that they emanate from us, if this is not the case.

• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in any posts, comments or other content posted by users through the Service. Any such opinions, views, or values are those of the relevant user and do not reflect our opinions, views, or values in any way. COMPANY DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.

9. Intellectual property rights and use of material on our Site and App

We are the owner or the licensee of all intellectual property rights on our Site and App, and in the material published on it, and of all intellectual property rights related to any goods, services, digital content, or other items which we have made available for purchase. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and, subject to the below, you shall not reproduce, copy, distribute, sell, sub-license, store, or in any other manner re-use content from our Site unless given express written permission to do so by us.

You may print off one copy and may download extracts of any page(s) from our Site, App or digital content for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site, App or in relation to goods, services digital content, or other items we have made available for purchase must always be acknowledged.

You must not use any part of the content on our Site or App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site, App or digital content in breach of these Terms, your right to use our Site or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You agree that you will not use our intellectual property rights in any way other than allowed under these Terms and any infringement by you thereof will be a material breach of these Terms.

10. Our contract with you

Your order number. An order number will be assigned to you and we will tell you what it is when we confirm we have received your order. It will help us if you can use the order number whenever you contact us about your order.

How we will accept your order. Our acceptance of your order when you sign up for membership services will take place when you receive our welcome email or when payment has been made, whichever is first, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, you will not be charged for the product. If we have already received your payment, you will be reimbursed as quickly as possible. This might be because your payment is not successful, the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

We sell our products and services worldwide. Products available through our website are available for purchase around the world, although we shall be entitled, at our discretion, to limit access to our products or website in certain territories.

11. Our products

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

New editions. On occasion, we update books to new editions. We reserve the right to substitute a book with the most current edition.

Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

Download of e-products. Where you have purchased an e-book or similar product, we will provide you with a download link or an access code to access the digital content, which will be valid for a period of no less than 3 months from the date of purchase unless otherwise specified in the product description.

12. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please note that no change will be permitted where you have downloaded or accessed any e-product purchased.

13. Our rights to make changes

Minor changes to the products. We may change the product:
• to reflect changes in relevant laws and regulatory requirements; and
• to implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the product.

Updates to digital content. We may update or require you to update digital content, provided that the digital content will always match the description of it that we provided to you before you bought it in all material respects.

14. Providing the products

Delivery costs. The costs of delivery will be as displayed to you on our website.

Delivery. We will deliver any products as soon as we can, but time is not of the essence.

When we will provide the products.

  • If the products are goods. If the products are goods, we will deliver them to you as soon as reasonably possible and shall confirm the anticipated delivery date at the point at which we accept your order.
  • If the product is a one-off purchase of digital content. We will provide you with access to the digital content as soon as we accept your order.
  • If the products are ongoing subscription to access digital content. We will supply the goods or digital content to you until the subscription expires (if applicable) or you end the contract as described in clause 16 or we end the contract as described in clause 16.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we shall not be responsible for any delay or non-delivery by the anticipated delivery date.

If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, our chosen carrier will usually contact you for further instructions. If, despite our and our carriers’ reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 16 will apply.

If you do not receive the products. If you have not received the products, please contact us at [email protected] and we will look into matters and confirm if any replacement products require to be sent.

When you become responsible for the goods. A product which is goods will be your responsibility from the time we despatch the product to the address you gave us.

When you own goods. You own a product which is goods once we have received payment in full.

What will happen if you do not give required information to us. We may, in certain circumstances, need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 16 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product notified by us to you (see clause 13).

15. Choosing your service

We provide either free membership or paid membership services which gives you access to further functionality of our App and Site as detailed within our App.

We will begin the services on the date we accept your order.

We will supply the services to you until either the services are completed or the Subscription expires (if applicable) or we end the contract with you.

We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to: deal with technical problems or make minor technical changes; or update the product to reflect changes in relevant laws and regulatory requirements.

Your rights if we suspend the supply of services. If possible, we will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for a prolonged period of time we will extend your membership for the period the services are suspended for. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

We may also suspend supply of the services if you do not pay. If you do not pay us for the services within 7 days of the payment being due, we may suspend supply of the products until you have paid us the outstanding amounts.

16. Ending the contract - suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms. When a breach has occurred, we may take such action as we deem appropriate, including any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Site (including suspension or termination of your account)

• Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site or App.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

You agree to fully reimburse us for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses arising out of any breach of these Terms by you, or any other act or omission by you in using the Site or App or by any other person accessing the Site or App using your personal information with your authority that results in any legal responsibility on our part to any third party.

If your account is terminated or deactivated (by you or by us), your photos, comments and all other data uploaded and pertaining to your account (including Your Content) will no longer be accessible through your account, but those materials and data may persist and appear within the Site or App (for example if Your Content has been re-shared by other users).

We encourage you to maintain your own backup of Your Content. We are not a backup service and you agree that you will not rely on the Site or App for the purposes of backup or storage of Your Content. Whilst we will take all reasonable steps to keep Your Content secure, we do not guarantee that others will not gain access to your information or that Your Content will be stored safely. You acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may or may not be secure.

We may withdraw the product. We may write to you to let you know that we are going to stop providing a product. We will let you know as soon as possible and at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products that will not be provided.

You can always end your contract with us. What happens when you end the contract will depend on whether you have purchased paid membership services or not and when you choose to cancel.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:

• we have told you about an upcoming material change to the product and these are terms which you do not agree to;

• we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed; there is a risk that supply of the service may be significantly delayed because of events outside our control;

• we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or you have a legal right to end the contract because of something we have done wrong;

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online in the United Kingdom, you have a legal right to change your mind within 14 days and receive a refund. However, this excludes digital products after you have started to download or stream them and services that have been completed, even if the cancellation period is still running, so if you download content within the first 14 days, you may forfeit this right. After the 14 days has expired, you are not entitled to a refund. Please note that refunds of service fees are determined by the terms and conditions of the payment service provider used to purchase your Subscription.

In relation to premium membership Subscriptions, the renewal periods and dates are as specified on the Site or the App and you have to notify us at least 5 working days in advance of the next renewal date, or you will be charged for the next Subscription.

Tell us you want to end the contract. To end the contract with us, if you have bought the premium Subscription through an app store, you will be able to cancel the Subscription via your Apple or Google Play account.

Returning products. If you are a consumer exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract. You must post them back to us at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. All returns are made at your own risk. Any returns not received by us cannot be credited to you.

When we will pay the costs of return. We will pay the costs of return:
• if the products are faulty, misdescribed or incorrect; or
• if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind), you must pay the costs of return.

How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
•  We may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
• We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind:
•  If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
• In all other applicable cases, your refund will be made within 14 days of your telling us you have changed your mind.

17. Your rights in respect of defective products

If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example, a book, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund in most cases.

c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

If your product is digital content, for an online course or online training, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must post them back to us (unused and in re-saleable condition where appropriate). You must pay the costs of postage or collection. Please email us at [email protected] to arrange a return.

18. If there is a problem with the Services or Products

How to tell us about problems. If you have any questions or complaints about any product, service or digital content, please contact us at [email protected].

Shortages. You must provide us with notice of any shortage in your order within 7 days of delivery otherwise, no claim can be made.

Damage. In the unlikely event that your goods have been damaged in transit, please contact us at [email protected].

19. Price and payment

Where to find the price for the services. The price of the services will be accessible on the App.

When you must pay and how you must pay. We accept payment via your account linked to the relevant app store. All premium services must be paid for in advance of you being able to have access to them. For any queries or payment issues relating to in-app purchases, please contact the relevant Apple App Store or Google Play Store payment provider.

We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

Taxes. The payments required under Section 14 do not include any Sales Tax that may be due in connection with the premium services provided under these Terms. If Company determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Company will collect such Sales Tax in addition to the payments required under this Section 14. If any premium services, or payments for any premium services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Subscription.

Company may offer products and services for purchase through iTunes, Google Play or other external services authorized by Company (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). External Service Purchases, including Subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.

When purchasing a Subscription on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing Subscription, your External Service Account will continue to be periodically charged for the Subscription until you cancel. After your initial Subscription commitment period, and again after any subsequent Subscription period, the Subscription will automatically continue for the price and time period you agreed to when subscribing.

Cancelling Your Subscription.

If you do not want your Subscription to renew automatically, or if you want to change or terminate your Subscription, you must log in to your External Service Account and follow instructions to manage or cancel your Subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Company. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your Company Subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Company Subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a Subscription, you may continue to use the cancelled Service until the end of your then-current Subscription term. The Subscription will not be renewed when your then-current term expires.

Refunds. Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU, EEA, UK, and Switzerland:

In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

You may cancel your Subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your Subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your Subscription, which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your Subscription period, you shall be entitled to a refund of that portion of any payment you had made for your Subscription, which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.

If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Company. To request a refund, please contact your External Service directly; for example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other purchase, please contact Company at: [email protected].

Products and digital content

Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order, together with any relevant sales taxes (added at checkout). We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 10 for what happens if we discover an error in the price of the product you order.

We will pass on changes in the rate of applicable sales tax. If the rate of applicable sales tax changes between your order date and the date we supply the product, we will adjust the rate of applicable sales tax that you pay, unless you have already paid for the product in full before the change in the rate of applicable sales tax takes effect.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

When you must pay and how you must pay. Online payments are arranged and managed through our third-party provider in the relevant country. Payment will be made at the point of placing an order.

20. Our responsibility for loss or damage suffered by you / Limitation of Liability

We are responsible to you for foreseeable loss and damage caused by us. Subject to the provisions set forth in Section 15, If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH: USE OF, OR INABILITY TO USE, OUR SITE; USE OF OR RELIANCE ON OUR SERVICES OR ANY CONTENT DISPLAYED ON OUR SITE; LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

Please note that we only provide our Site and App are for domestic and private use. Unless agreed by us in writing in advance, you agree not to use our Site or App for any commercial or business purposes.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. We accept no responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events or acts of war.

We assume no responsibility for the content of websites linked on our Site. Unless expressly stated, these websites are not under our control. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Your responsibilities. You are responsible for providing suitable computer hardware, software, and telecommunications equipment and services necessary to access and use any online service or digital content. We do not include the provision of telecommunications services necessary to connect to an online service or digital content or to obtain access to the internet. While we make every effort to support the most common browser types and versions, we cannot guarantee that our sites or web applications will render or function as intended in browsers other than the most recent version of Firefox® or Internet Explorer®, Safari, Chrome, or Edge. In addition, we cannot be held responsible for an individual’s PC settings that may cause the digital content or service to render inappropriately.

OUR TOTAL LIABILITY TO YOU IN RESPECT OF LOSSES ARISING UNDER OR IN CONNECTION WITH THE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, OR OTHERWISE) SHALL IN NO CIRCUMSTANCES EXCEED £50.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 15 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Your responsibilities. You are responsible for providing suitable computer hardware, software, and telecommunications equipment and services necessary to access and use any online service or digital content. We do not include the provision of telecommunications services necessary to connect to an online service or digital content or to obtain access to the internet. While we make every effort to support the most common browser types and versions, we cannot guarantee that our sites or web applications will render or function as intended in browsers other than the most recent version of Firefox® or Internet Explorer®, Safari, Chrome, or Edge. In addition, we cannot be held responsible for an individual’s PC settings that may cause the digital content or service to render inappropriately.

21. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

22. Other important terms

Viruses. We do not guarantee that our Site or App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site or App. You should use your own virus protection software.

23. You must not misuse our Site or App

You must not misuse our Site or App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or App, the server on which our Site or App is stored or any server, computer or database connected to our Site or App. You must not attack our Site or App via a denial-of-service attack or a distributed denial-of service attack. A breach of this provision is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

24. Safety; Your Interactions with Other Users

Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people through our Services. Though Company strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Company’s Safety Tips prior to using the Service.

YOU UNDERSTAND THAT COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ALL OF ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ALL ITS USERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. COMPANY RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE COMPANY TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, BY AGREEING TO THESE TERM, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

25. Linking to our Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you.

Our Site or App must not be framed on any other Site.

We reserve the right to withdraw linking permission without notice.

The website to which you are linking must comply in all respects with the Content Standards paragraph set out below (“Content Standards”).

If you wish to make any use of content on our Site or App other than that set out above, please contact us at [email protected]

26. Limitations to the App and the Services

The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you do not live in England then you may bring legal proceedings in the jurisdiction where you live.

Changes to these Terms. Any changes we may make to our Terms of Use in the future will be posted on this page and, where appropriate, notified to you by email. You will be deemed to have accepted the terms of the updated Terms of Use on your first use of the Site following the alterations. Please check back frequently to see any updates or changes to our Terms of Use.

Questions? Questions, comments and requests regarding this Terms of Use are welcomed and should be addressed to our email at [email protected].

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