Online business and consumer goods, services and digital content terms and conditions.
Last updated: September 29, 2021
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, subscription services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods, software, subscription services or digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Cybersole Ltd, a company registered in England and Wales. Our company registration number is 11407037 and our registered office is at International House, 142 Cromwell Road, London, England, SW7 4EF. Our registered VAT number is 329298172.
2.2 How to contact us. You can contact us by telephoning our customer service team by writing to us at [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or phone number you provided to us in your order or other contact information you have provided to us.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place once payment has been made and an email regarding your order has been delivered, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is awaiting an update, or out of stock, because of unexpected limits on our resources which we could not reasonably plan for or, 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.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. You will also receive a full receipt from Stripe upon purchasing a license key, please retain this receipt number as it will also help us to locate your purchase if you do need to contact us for any reason.
4. Our products
4.1 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.
4.2 Product packaging may vary. The packaging of any physical products you receive may vary from that shown in images on our website.
5. 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 no changes can be made to any software purchases due to the nature of digital goods.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your rights.
6.2 More significant changes to the subscription services and these terms. In addition, we may make changes to these terms or the subscription services for upgrades, but if we do so during the course of your subscription service with us we will notify you and you may then contact us to end the contract before the changes take effect.
6.3 Updates to digital content. Apart from the subscription services for updates, we may also update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the products
7.1 Delivery costs. The costs of delivery for products will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
(a) If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
(b) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order, you will be able to access your purchase via the User Dashboard and license key sent by email upon completion of your purchase.
(c) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 11 or we end the contract by written notice to you as described in clause 13.
7.3 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.
7.4 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, the courier company will leave details for redelivery and you should contact them to arrange this.
7.5 When you become responsible for the goods. A product which is physical goods will be your responsibility from the time we deliver the product to the address you gave us. We are not liable for any delivery delays or issues which are the result of incorrect addresses or courier complications. Any digital goods become the responsibility of the customer once payment has been made and the license key has been delivered via email.
7.6 When you own goods. You own a product which is goods once we have received payment in full.
7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address for goods, or for subscription services, your email address. If so, this will have been stated in the description of the products on our website. We will contact you 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 13.2 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.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a physical or digital product or subscription services, to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
(d) any malicious or illegal activity eg piracy, decompiling, attempts to scam etc.
(e) for any other reason we believe is fair and reasonable.
7.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product or service, unless the problem is urgent or an emergency. If we have to suspend the product or service for longer than two weeks in any month period we will adjust the price so that you do not pay for products while they are suspended.
7.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 17.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts.
We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 17.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 17.6).
7.11 Your Cybersole license key will renew automatically on the renewal date, you can find this date via the Account page on the User Dashboard. If your renewal payment fails, we will re-attempt payment using the card on file for a maximum of 7 days - If all payment attempts fail then your subscription will be automatically cancelled and your license key will be terminated.
8. Our Intellectual Property & Acceptable Use
8.1 In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such content uploaded by Users.
All Content included on the Site, unless uploaded by Users, is the property of Cybersole other relevant third parties. By continuing to use the Site you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights.
Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission. You may, for your own personal, non-commercial use only retrieve, display and view the Content on a computer screen. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without our written permission Such new features and/or services shall also be subject to these Terms of Service.
9. Ownership of Content
9.1 Our Site includes a combination of content that we and other third parties create. Most of the content available through the Site is trademarked or copyright protected. Some examples of protected content include:
(a) written content
(b) interface design and layout
(h) sound or video clips
(i) software code
(k) trademarks belonging to or identifying the Site, its affiliates, and/or licensees.
9.2 You may not copy, imitate, or use any content from our Site in any way without our prior written permission or the permission of the respective owner. If you would like to request permission to use any of the content on the Site, please contact us.
10. Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice in the United States
10.1 We respect the copyright interests of others and require our users to comply with these Terms of Service and all applicable laws regarding copyrights.If you believe that any content shown on or transmitted through the Site violates these Terms of Service or your copyright please report the violation to the Site and provide the following information:
(a) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(b) A description of where the material that you claim is infringing is located on the Site (including the exact URL);
(c) An address, a telephone number, and an email address where we can contact you;
(d) A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
(e) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
10.2 It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
11. Your rights to end the contract
11.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your most recent subscription money back), see clause 15 if you are a consumer and clause 16 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 11.6.
11.2 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 products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming material change that affects the core functionality of or to the product or service or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the physical products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind if you are a consumer. If you are a consumer then for most products/services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in these terms.
11.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these even if the cancellation period is still running;
(b) Subscription services, once these have been accessed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
11.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you subscribed for update services If so, you have 14 days after the day of payment to change your mind however if you have accessed any updates in that period you cannot change your mind, even if the period is still running. If you cancel after you have accessed the services, you must pay us for the services provided for the full month as the subscription is on a month by month basis.
(b) Have you bought digital content for download or streaming if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought physical goods if so you have 30 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 30 days after the day you (or someone you nominate) receives the first delivery of the goods.
11.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 11.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for.
A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until the next calendar month regardless of when you contact us. For example, if you tell us you want to end the contract on 14 March we will continue to supply the product until 31 March and no refunds for March will be due. Your service will cease on 1 April.
12. How to end the contract with us (including if you are a consumer who has changed their mind)
12.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
12.2 Returning products. If you decide to return products you must contact us first at [email protected] for a return label or to arrange collection. 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 have changed your mind.
12.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) 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.
12.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
12.5 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.
12.6 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 then:
(a) 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, a different date if we agree that you do not need to return the product.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
13. Our rights to end the contract
13.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, email address, or;
(c) you do not, within a reasonable time, allow us to deliver the products to you.
(d) any malicious or illegal activity eg piracy, decompiling, attempts to scam etc.
(e) for any other reason we believe is fair and reasonable.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may withdraw the product. We may publish on our website a notice to let you know that we are going to stop providing the product. We will let you know at least 2 weeks in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
14. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us via https://support.cybersole.io/hc/en-us. You can also write to us directly at [email protected] but the link provided will provide you with more direct and urgent support regarding our software.
15. Your rights in respect of defective products if you are a consumer
15.1 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 in the UK. 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, 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. See also clause 11.3.
If your product is digital content, 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
See also clause 11.3.
If your product is subscription services the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
See also clause 11.2.
15.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must first contact us at [email protected]
16. Your rights in respect of defective products if you are a business
16.1 If you are a business customer we warrant that on delivery of any digital or physical products they shall:
(a) Conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship; and
(c) be fit for any purpose held out by us.
16.2 Subject to clause 16.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 16.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
16.3 We will not be liable for a product's failure to comply with the warranty in clause 16.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 16.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, or negligence.
16.4 Except as provided in this clause 16, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 16.1.
16.5 These terms shall apply to any replacement products supplied by us under clause 16.2.
17. Price and payment
17.1 Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure] that the price of the product advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of the product you order.
17.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
17.3 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.
17.4 When you must pay and how you must pay. We accept payment with Mastercard, Visa, Discover and American Express. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
(c) For subscription services, these occur on a month by month basis and you make an advance payment of 100% of the price of the services in a given month, before we start providing them. We will invoice you MONTHLY in advance for the services until you give notice to end the subscription. You must pay each invoice before the subscription service will become available to you.
17.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17.6 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 [4 ]% a year above the base lending rate 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.
17.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
18. Our responsibility for loss or damage suffered by you if you are a consumer
18.1 We are responsible to you for foreseeable loss and damage caused by us. 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, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products [as summarised at clause 15.1.
18.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.
18.5 YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
19. Our responsibility for loss or damage suffered by you if you are a business
19.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
19.2 Except to the extent expressly stated in clause 16.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
19.3 Subject to clause 19.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
20. How we may use your personal information
21. Other important terms
21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
21.2 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.
21.3 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.
21.4 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.
21.5 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.
21.7 Because in the United States some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law in the relevant State.
21.8 US Class Action Waiver you agree that you will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms of Service in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Site.
21.9 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.