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Terms of Use


Term Definition

User - a person, who has opened an account on the Website and/or a person, who uses this Website.

Access Device - means any electronic means of accessing the Services, including, but not limited to, computers, smartphone devices, feature phones, tablet devices, touch devices or any home entertainment system such as smart TVs (or by any other remote means);

Operator - Player Pathway, LLC (Washington, USA)

Website - means the website or any respective page, subpage, subdomain or section thereof from time to time, located at or accessible via the domain name: coerver.playerpathway.com

Payment Processor - means Stripe, Inc (California, USA)

Services - means, as appropriate, the services offered by Operator for the time being by the Operator through the Website .

Coerver® Soccer School Services - means comprehensive coaching program delivering skill based football (soccer) coaching teaching both individual skills and team play for players of all ages and abilities developed by Coerver®, including but not limited to Coerver® system, methods, know how, materials, trade name and trade marks.

Coerver® - Sportsmethod USA Inc., (Ohaio, USA)

Coerver® Soccer School - means a legal entity, who operates Coerver® Soccer School Services in territory, where You live and is licensed by Coerver® to provide Coerver® Soccer School Services to You.

Terms of Use - means (a) the General Terms; (b) the Privacy Policy; (c) Waiver of Liability; (d) where appropriate Additional Terms applicable to the Services that are being used by User;

General Terms - means the terms and conditions set out in this document

Privacy Policy - means the Operator’s privacy policy accessed via the Privacy Policy link, which is an inseparable part of these Terms and Conditions

Refund - means a reversal of a means as per request of a Player paid by for not used for the Services.

Waiver of Liability - means the Operator’s Waiver of Liability accessed via the Privacy Policy link, which is an unseparable part of these Terms and Conditions


1.GENERAL TERMS

1.1.These terms (hereinafter, the "Terms of Use") constitute a legally binding agreement between Operator and User with respect to use the Services.

1.2. By using and/or visiting any section of the Website, or by opening an account with the Operator through the Website, or otherwise using the Services, You agree to be bound by the Terms of Use and You accordingly: (a) agree to the use of electronic communications in order to enter into contracts; and (b) waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law; (c) agree, that in order to use the Services you are requested to provide us with certain personal information which shall be processed on the basis of your consent and pursuant to our Privacy Policy. The Terms of Use do not affect your statutory rights.

1.3. The original text of the Terms of Use are in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.

1.4. Please read the Terms of Use carefully before accepting them. Once You have accepted the Terms of Use, please print the Terms of Use and store them, along with all confirmation emails, additional terms, transaction data and payment methods relevant to Your use of the Website. Please note that the Terms of Use are subject to change, as set out in paragraph 3 below.

1.5. If You do not agree to accept and be bound by the Terms of Use please do not open an account, and/or continue to use Services. Your continued use of any of the Services will constitute acceptance of the Terms of Use .

1.6. For the avoidance of doubt, each and all sections of the Website and the Services, generally, are governed by the Terms of Use, and You should ensure at all times that Your use of the Services is in accordance with the Terms of Use.


2. CONTRACTING PARTIES AND SERVICES

2.1 The Terms of Use constitute an agreement between You and the Operator and the Payment processor.

Operator in these Terms of Use may be referred to herein as “We", “Us", or “Our.” The User and registered Account Holder shall be referred to as “You", “Yours" or “User".

2.2. The Service includes products – features, applications, services, technologies and software that allow You to access Your Online Coerver® Soccer School, including but not limited to:

2.2.1. open and manage Your Coerver® Soccer School account;

2.2.2. communicate with Your Coerver® Soccer School or coach;

2.2.3. control Your Coerver® Soccer School scores;

2.2.4. subscribe Coerver® Soccer School services (courses, programs and other Coerver® Soccer School services as may be provided by Your Coerver® Soccer School from time to time);

2.2.5. control and manage Your Coerver® Soccer School schedule;

2.2.6. receive assignments from Your Coerver® Soccer School and/or coach;

2.2.7. submit information/results to Your Coerver® Soccer School and/to coach;

2.2.8. assess Your Coerver® Soccer School training materials as provided by Your Coerver® Soccer School from time to time;

2.2.9. manage your payments for Coerver® Soccer School Services.

2.2.10. use of other Services as may be offered from time to time.


3. CHANGES TO THE TERMS OF USE

3.1 We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations or for customer service reasons. The most up-to-date Terms of Use can be accessed from the Terms of Use link in the footer section of the Website.

3.2 Where we wish to make substantial changes to the Terms of Use, we will give You as much prior notice of such changes as is reasonably practicable via one of the methods set out in paragraph 3.3. For minor or insubstantial changes, we may not give You any notice of such changes, so You are advised to review the Terms of Use through the Terms of Use link on the Website on a regular basis as your continued use of the Services is your consent to the changes.

3.3 Where we make changes to the Terms of Use which we wish to notify You of, we will do so by such method of notification as we may, in our discretion, deem appropriate.


4. OPENING YOUR ACCOUNT

4.1 In order to use the Services, You will need to open an account with the Operator (“Your Account" or “Account“). If You are under age, Your parent or your guardian shall open an account for You. Currently only residents of USA and Canada can open account with Us.

4.2 In order to open Your Account for use with the Services, You can:

4.2.1 click on Sign Up on the Website and follow the on-screen instructions; or

4.2.2 open by such other Account opening method as shall, from time to time be offered by the Operator.

If You are under age or limited in right to enter into agreements, Your parent or your guardian (as applicable) shall open an account for You and shall accept these Terms of Use on Your behalf.

4.3 When You open Your Account You will be asked to provide us with personal information, including Your name and date of birth and appropriate contact details, including an address, telephone number and e-mail address or such information needed for us to provide you with the Services, such as apparel and shoe sizes and insurance information for in person sessions (“Your Contact Details“). You may update Your Contact Details from time to time by contacting Customer Services; or through the My Account management page on the Website: or by such other method as shall, from time to time, be offered by the Operator.

4.4 In opening Your Account You warrant that:

4.4.1 You understand and accept the risk of using the Services and accept Waiver of Liability (link)

4.4.2. You are: (a) over 18 years of age or (b) you are statutory representative of the person, whose account You open.. For parents or guardians of minors (anyone under the age of 13 or the applicable age of minority, whichever is lower), any information about your minor that is collected, used, or stored, is done so only with your consent to these Terms of Use and our Privacy Policy, for the purpose of providing the Services. Our Privacy Policy governs our policies and practices with regard to the collection, storage, and use of personal information. If you have any questions please contact our support at [email protected]

4.5. We will send you a confirmation letter to e-mail address You have provided to US, when the account opening procedure will be complete. If you do not receive from Us a confirmation letter, contact our support [email protected] to provide You further assistance.


5. USERNAME, PASSWORD, PIN and USER INFORMATION

5.1 After opening Your Account, You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, password and/or account number to anyone else, including (where practicable) ensuring that up-to-date security software is downloaded onto Your Access Device.

5.2 All transactions made where Your username and password and/or account number have been entered correctly will be regarded as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You disclose Your username, password or account number to anyone else (whether deliberately or accidentally).

5.3 If You have lost or forgotten Your Account details, or have a reason to believe that such details are known to an unauthorised third party, please contact us immediately for a replacement through [email protected], details of which can be found in the Contact Us.


6. PAYMENTS FOR SERVICES

6.1. In consideration for the provision of Services to You, You will pay us Service fee in accordance with our Pricelist. All prices of Pricelist shall be shown at then current rates and are correct at the time of entering the information onto the system and will not include any applicable taxes. We reserve the right to change the prices at any time without notice to you. In accordance with state and local law, Your price will be taxed using the applicable sales tax or seller’s use tax rate for Your locations. Your invoice will reflect the final total tax, which includes state and local taxes, as well as any applicable rebates or fees.

If You have tax-exemption that can be applied, please contact our Support [email protected] You will need to provide proof of state tax-exempt status for the state where You are located. Federal tax exemption certificates are not applicable.

6.2. All payments of our Website are processed by Stripe, Inc., which is a technical services provider and data processor (the “Processor”) and may offer the services as agent of one or more financial institutions in United States (further “Financial Services Provider”). The processing and settlement of Transactions (as defined below) (“Payment Processing”) is carried out by the Processor and any of the Financial Services Providers under a separate Stripe Connected Account Agreement, including the United States Stripe Services Agreement and the applicable Stripe Payments Company terms, and to the extent You use a payment method that is subject to additional terms, the Payment Terms (collectively, the “Processor Terms”). By accepting these Terms of Use, you are also accepting and

agreeing to be bound by the Processor Terms, which is the legal agreement between you and the Processor. Operator is not a party of Processor Terms and is not liable to you in respect thereof. By accepting these Terms of Use and the Processor terms you are agreeing to the creation of an account with the Processor for Payment Processing (“Processor Account”). We reserve the right to change the Processor, subject to the terms of our agreement with the Processor. In the event of any inconsistency between these Terms of Use concerning Payment Processing or the Processor Account, in which case the Processor Terms shall prevail.

6.3. Billing and invoicing.

6.3.1. Operator shall charge your credit card provided in your Details the Fees for Services rendered in advance for each billing period on or after the first day of such billing period.

If You are paying by credit card (a) You hereby irrevocably authorize Operator to charge the credit card or other payment method provided for any such amounts when due;

(b) amounts due will be automatically charged, in advance of your use of the Services.

Late payments resulting from credit card declines that We have attempted to follow up will accrue interest a rate of 3% per month, or the highest rate allowed by applicable law, whichever is lower.

6.3.2. You hereby represent that you are authorized to use any payment method provided to Us and further warrant that at all times you will maintain accurate and up to date payment information. All credit/debit cardholders are subject to validations checks and authorization by the card issuer. If the issuer of your payment card or method refuses to or does not, for any reason, authorize payment to Us We will not be liable to you for suspension of the Services or termination by Us.

6.3.3. if Your credit card or debit card is not processed successfully for any reason, We reserve the right to reattempt to process the payment within 48 hours. In the event that the payment is still unsuccessful, We will give you at least 24 hour notice in advance of any further reattempt to process payment by contacting You.


7. USE OF SERVICES

7.1 Where You are accessing the Services via an electronic form of communication You should be aware that in relation to Your use of the Website and Services:

7.1.1 You may be using a connection or equipment which is slower than such equipment used by others and this may affect Service performance offered via the Website;

7.1.2 You may encounter system flaws, faults, errors or service interruption which will be dealt with in accordance with IT Failure as below.


8. CLOSURE OF YOUR ACCOUNT; TERMINATION OF THE TERMS OF USE; CLOSURE AND TERMINATION BY YOU

8.1 You are entitled to close Your Account and terminate the Terms of Use on not less than 24 hours’ notice to us at any time, by contacting us through [email protected]:

8.1.1 indicating Your wish to close Your Account; and

8.1.2 stating the reasons why You wish to close Your Account, in particular if You are doing so because of concerns over the level of Your use of the same.

We will respond to Your request, confirming closure of Your Account and the date on which such closure will be effective, within a reasonable time, provided that You continue to assume responsibility for all activity on Your Account until such closure has been carried out by us (at which point the Terms of Use shall terminate). After closure of Your Account You will have no access to Services.

8.2 Where You have closed Your Account, we may in certain circumstances be able to re-open Your Account with the same account details as before if You request us to do so. In such circumstances, while Your Account will have the same account details as before, it will be subject to the Terms of Use which are in force at the date of any such re-opening and any prior entitlements (including, but without limitation, to bonuses or contingent winnings) will no longer be valid.


9.CLOSURE AND TERMINATION BY US

9.1. We are, at any time (and notwithstanding any other provisions contained in the Terms of Use), entitled to close Your Account and terminate the Terms of Use on written notice (or attempted notice) to You using Your Contact Details.


10. ACCESS TO, AND USE OF, THE SERVICES

10.1 You are solely responsible for the supply and maintenance of all of Your Access Devices and related equipment, networks and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that You have engaged in order to access the Services or if Your browsers is older than 3 (three) years. For the avoidance of doubt, the Operator does not make any representation or give any warranty as to the compatibility of the Services with any particular third party software or hardware, including (for the avoidance of doubt) third party analysis which promise certain results from any of the Services.

10.2 Under no circumstances should You use the Services for any purpose which is or is likely to be

considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other users, via the Website, or attempt to pass Yourself off as being any other person, or behave in such a manner towards any Operator staff used to provide the Services or any helpdesk or support function which we make available to You.

10.3 You shall use the Website and the Services for improvement of your individual soccer skills, self - training and self-education only and You are not allowed to share use of the Services with any other person, You are not allowed to provide access or reproduce the Website and/ or Services or any part of it in any form whatsoever without our express consent, including creating links to it.

10.4 Any material downloaded by You from the Website shall be downloaded entirely at Your own risk and the Operator shall not be liable in respect of any loss of data or other damage caused by any such download.

10.5 Where we have reason to believe that Your use of the Services is in breach of any of paragraphs 10.2, 10.3, 10.4 we shall, without prejudice to any of our other rights, be entitled forthwith to remove from the Website any offending content and close Your Account.


11. ALTERATION OF THE WEBSITE

We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any Services already in progress at the time of such amendment. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the Services and/or products available through the Website.


12. THIRD PARTY SOFTWARE

12.1 In order to use the products offered through the Services, You may be required to download and install software supplied by third parties on to Your Access Device (“Software"). Software may include, but is not limited to: Access Device applications, our download Service products and any promotional, marketing and/or facility applications, products and software. In such circumstances, You may be required to enter into a separate agreement with the owner or licensor of such Software in respect of Your use of the same (a " Third Party Software Agreement"). In case of any inconsistency between the Terms of Use and any Third Party Software Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.

12.1 It is Your responsibility to ensure that any Software is downloaded onto Your Access Device in a manner compatible with Your own Access Device’s specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of Your Access Device.

12.2 Notwithstanding that the Services provided via any Access Device application shall be subject to the Terms of Use, the terms under which any application (“App") is downloaded or installed onto Your Access Device shall be governed by the agreement entered into between You and the supplier of the relevant App but, in case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.


13. IT FAILURE

Where problems occur in the software or hardware used by us to provide the Services we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a Service to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You, we will take all reasonable steps to treat You in a fair manner.


14. ERRORS OR OMISSIONS

14.1 A number of circumstances may arise where anything is done by us in error. A non-exhaustive list of such circumstances is as follows:

14.1.1 result of a computer malfunction;

14.1.2 where an error has been made as a result of a Prohibited Practice;

14.1.6 where an error is made by us as a result of a manual or computer input error; or

such circumstances being referred to as an “Error"

14.2 We reserve the right to:

14.2.1 correct any Error made; or

14.2.2 in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in there Terms of Use.

14.3 Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss, that results from any Error by us or an error by You.

14.4 You shall inform us as soon as reasonably practicable should You become aware of any Error.


15. EXCLUSION OF OUR LIABILITY

15.1 Your access to and use of the Services is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us. We shall not be liable for Coerver® Soccer School Services.

15.2 We will provide the Services with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for Your purpose). In particular, we do not warrant that the Website will have uninterrupted availability or that it will be free of bugs, viruses or other errors.

15.3 WE (INCLUDING OUR GROUP COMPANIES, PAYMENT PROCESSOR, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN RESPECT OF ANY:

15.3.1 LOSS OF DATA;

15.3.2 LOSS OF PROFITS;

15.3.3 LOSS OF REVENUE;

15.3.4 LOSS OF BUSINESS OPPORTUNITY;

15.3.5 LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;

15.3.6 BUSINESS INTERRUPTION; OR

15.3.7 ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, EVEN WHERE SUCH LOSS OR DAMAGE HAS BEEN NOTIFIED TO US AS BEING POSSIBLE, ARISING OUT OF THE TERMS OF USE OR ANY USE WHATSOEVER BY YOU OF THE SERVICES.

15.4. Waiver of liability (link) is a part of these Terms of Use. By access to and use of the Services you agree to Waiver of liability.


16. BREACH OF THE TERMS OF USE

16.1 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:

16.1.1 the access to and use of the Services by You or by anyone else using Your username and password; and/or

16.1.2 any breach by You of any of the terms and provisions of the Terms of Use.

16.2 Where You are in breach of the Terms of Use, we may at our sole discretion, prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part and warning You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.

16.3 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 the Terms of Use.


17. INTELLECTUAL PROPERTY RIGHTS

17.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the Services are subject to copyright and other proprietary rights which are either owned by us or used under license from third party rights owners. To the extent that any material comprised within the Services may be downloaded or printed then such material may be downloaded to a single device only (and hard copies may be printed) solely for Your own personal, non-commercial use.

17.2 Under no circumstances shall the use of the Services grant to You any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable licence to use such intellectual property rights in connection with Your personal, non-commercial use of the Services pursuant to the Terms of Use.

17.3 No rights whatsoever are granted to use or reproduce any trade marks or logos which appear on the Website except as specifically permitted in accordance with the Terms of Use.

17.4 You must not, nor must You allow any other person to copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Terms of Use.

17.5 All intellectual property rights in the name “Player Pathway", the logos, designs, trade marks and other distinctive brand features of the Operator and any content provided by the Operator or any third party for inclusion on the Website vest in the Operator or the applicable third party. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without our prior written consent.

17.6. All intellectual property rights in the name “Coerver®”, “Coerver® Soccer School”, the logos, designs, trademarks and other distinctive brand features of Coerver® vest on Sportsmethod Ltd. Any content provided by Coerver® or any third party for inclusion on the Website vest on Sportsmethod USA, Inc. or applicable third party. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without prior written consent of the applicable party.


18. VIRUSES, HACKING AND OTHER OFFENCES

18.1 You shall not:

18.1.1 corrupt the Website;

18.1.2 attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website;

18.1.3 flood the Website with information, multiple submissions or “spam";

18.1.4 knowingly or negligently use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful;

18.1.5 interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website;

18.1.6 attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

18.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your Access Device and related equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.

18.3 Website is free from malicious software.


19. YOUR PERSONAL INFORMATION

19.1 All information on Your Account held by us is securely data warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).

19.2 We are required by law to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Services. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.

19.3 Prior to Your use of and when You use the Services it will be necessary for us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your Personal Information“).

19.4 By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:

19.4.1 for the purposes set out in the Terms of Use (including the Privacy Policy); and

19.4.2 for other purposes where we (including Payment Processor) need to process Your Personal Information for the purposes of operating the Services,

including by sharing it with our service providers, employees and agents for these purposes, for example to our providers of postal services, marketing services and Customer Services agents. We may also disclose Your Personal Information in order to comply with a legal or regulatory obligation.

19.5 We may retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.


20. USE OF ‘COOKIES’ ON THE WEBSITE

20.1 The Website may use ‘cookies’ to track Your use of the internet and to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto Your Access Device when You access the Website and it allows us to recognize when You come back to the Website. We use or shall use cookies for the operation of the Website, including (for example) to allow You to remain logged in as You browse between, and use Your Account or different parts of the Website. We also use cookies for our own analytical purposes so that we can identify where customers have encountered technical problems on the Website, and therefore help us improve our customers’ experience.

20.2 If You object to cookies or want to delete any cookies that are already stored on Your Access Device, we recommend that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management and internet browsing software. Further information on deleting or controlling cookies is available within our Privacy Policy or at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies You may not be able to access certain areas or features of the Website.


21. COMPLAINTS AND NOTICES

21.1 No claim or dispute with regard to use the Services will be considered more than thirty days after the date of the original fact.

21.2 Should You wish to make a complaint regarding the Services, as a first step You should, as soon as reasonably practicable, contact [email protected] about Your complaint, which will be escalated as necessary within our Support team until resolution.

21.3 When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and delivered to You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three business days after the date of mailing of a properly addressed, stamped letter to your address; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent


22. TRANSFER OF RIGHTS AND OBLIGATIONS

22.1 We reserve the right to transfer, assign, sublicense or pledge the Terms of Use (an “assignment"), in whole or in part, to any person without notice to You, provided that any such assignment will be on the same terms or terms that are no less advantageous to You.

22.2 You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.


23. EVENTS OUTSIDE OUR CONTROL

23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, pandemic, terrorist activity and acts of government or other competent authorities (a “Force Majeure Event“).

23.2 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.


24. WAIVER

24.1 If we fail to insist upon strict performance of any of Your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

24.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

24.3 No waiver by us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 21 (Complaints and Notices) above.


25. SEVERABILITY

25.1 If any of the Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, 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.

25.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Operator’s original intent.


26. ENTIRE AGREEMENT

26.1 The Terms of Use and any document expressly referred to in them represent the entire agreement between You and us and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

26.2 We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in the Terms of Use.

26.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use.


27. THIRD PARTY RIGHTS

27.1 Unless these Terms of Use expressly state otherwise a person who is not a party to these Terms of Use has no right to enforce any of the terms.


28. LAW AND JURISDICTION

These Terms of Use will be governed by and construed in accordance with the laws of State of Washington.. By entering using the Services you expressly and irrevocably submit to the exclusive jurisdiction of the courts of King County, Washington and waive any claims of inconvenient forum or venue.


29. LINKS

Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without our express written permission.