Terms and Conditions

IMPORTANT TERMS

Our complete terms and conditions are contained below, but some important points for you to know before you become a user are set out below:

Expertible Services: We provide the Platform (including hosting and maintaining the Platform), process payments between Clients and Experts, and provide a booking platform for video Consultations between Clients and Experts (together, the Expertible Services). We only make available the Expertible Services. We are not party to any agreement entered into between a Client and an Expert and we have no control over the conduct of Experts, Clients or any other users of the Platform.
Consultations: A description of what’s included in any Consultation you book, the Fees for the Consultation and the length of your chosen Consultation, is available on our platform and will be confirmed at the time you make a Booking.
Cancellations: A Client or Expert may cancel or reschedule a Consultation with 24 hours’ notice’ through the Platform. If: (1) a Booking is cancelled with the relevant notice provided; or (2) an Expert cancels a Booking on the basis that they deem that a Booking is not suited to their field of expertise (and we are satisfied that the Expert does not have the relevant expertise), then we will return the Consultation Fees to the Client.
Service Fees: We receive a service fee from Experts for payments made through the Platform.
Recordings: We may record Consultations so that you have a record of what was discussed in a Consultation, and for quality control, business development and internal business purposes. We will remind you of this at the time of booking a Consultation.
Liability: Our liability under these Terms is limited to resupplying the Expertible Services, or £150, and we will not be liable for consequential loss. We will have no liability for Third Party Services, any aspect of the Client and Expert interaction including any Consultations offered by an Expert or your reliance on an Expert’s advice, the description of the Consultation offered, any advice provided, or the quality of any interactions between a Client and Expert.

Our contact details:

Symprest Ltd, a company registered in England and Wales with registered company number 14762088, trading as Expertible Geographical address: Windsor House, Bayshill Road, Cheltenham, England GL50 3AT Nothing in these terms limit your rights at law.

1 These Terms
These Terms contain the terms and conditions on which we supply the Platform to you, whether the Platform comprises of services and/or digital content. Please read these Terms carefully before you accept these Terms. If you think that there is a mistake in these Terms, require any changes to these Terms or have any complaints about the Platform, please contact us to discuss (using our contact details above).

2 Introduction
2.1 These terms and conditions (Terms) are entered into between Symprest Ltd, a company registered in England and Wales, with company registration number 14762088, trading as Expertible (we, us or our) and you, together the Parties and each a Party.
2.2 We provide a platform where experienced professionals (Experts) and members of the public (Clients) can connect and transact to provide and receive consulting services (Platform).
2.3 In these Terms, you means (as applicable) the person or entity registered with us as either a Client or Expert or the individual accessing or using the Platform.
2.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

3 Acceptance and Platform Licence
3.1 You accept these Terms by accepting these Terms on the Platform (or, where you are an Expert, by agreeing to our Order Form, as explained below).
3.2 You must be at least 18 years old to use the Platform.
3.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may delete your Account in accordance with clause 15.
3.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
3.5 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information
without an individual’s consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(f) using the Platform to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or any form of data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.

4 Accounts
4.1 You will require an account (Account) to access the Platform’s features.
4.2 Clients must register on the Platform and create an Account. You must provide basic information when registering for an Account including your contact name, telephone number, and email address, and you must choose a password.
4.3 Experts interested in joining the Platform must register their interest with us through our website. We will review your request for an Account before approving the request. We may request additional information, including information regarding your qualifications and professional history. If you do not provide us with the information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, or do not have the relevant expertise, we may refuse to provide you with an Account, in our sole discretion. Once approved, we will then agree the commercial details of our arrangement with you through an order form (Order Form). Once the Order Form has been agreed between the Expert and us, we will create an Account for the Expert and onboard them on to our Platform. Experts must create an email address with Google that they must use for managing their availability, and all Bookings through the Platform. To the extent of any ambiguity or discrepancy between an Order Form and this Agreement, the terms of the Order Form will prevail.
4.4 You may only have 1 Account as an Expert and 1 Account as a Client on the Platform.
4.5 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
4.6 All personal data you provide to us will be treated in accordance with our Privacy Policy.
4.7 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
4.8 You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
4.9 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including cancellation history, quality of services and threshold of reviews.

5 Platform summary
5.1 The Platform is a marketplace where Clients and Experts can find each other, and advertise, buy and sell video consultancy services online (Consultations). We provide the Platform to users (including hosting and maintaining the Platform), process payments between Clients and Experts, and provide a booking platform for video Consultations between Clients and Experts (together, the Expertible Services). You understand and agree that we only make available the Expertible Services. We are not party to any agreement entered into between a Client and an Expert and we have no control over the conduct of Experts, Clients or any other users of the Platform.
5.2 We agree to provide the Platform and the Expertible Services in accordance with these Terms and all applicable laws, using reasonable care and skill.
5.3 You acknowledge and agree that the Platform may be reliant on, or interface with, third party systems that are not provided by us (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services, and you may be required to sign up to the Third Party Services or use the Third Party Services through your own logins.
5.4 Experts provide us with a description of their expertise and the types of consultancy services they would like to provide including the fees for their services (Consultation Fees) and their availability, and we use such information to update the types of, and availability of, Consultations on our Platform.
5.5 A Client wanting to book a Consultation creates an Account on the Platform to view and browse available Consultations.
5.6 A Client may book Consultations through the Platform. A booking is an offer from the Client to the Expert to schedule the consultation described on the Platform, at the time set out on the Platform (Booking).
5.7 By making themselves available through our Platform: (1) Experts are deemed to accept all Bookings made with them, at the time the Booking is made; and (2) the Expert confirms that it is legally entitled to and capable of supplying the Consultation described in the Booking.
5.8 We may record Consultations so that you have a record of what was discussed in the Consultation, and for quality control, business development and internal business purposes. We will remind you of this at the time of booking a Consultation. If you do not want us to record a Consultation, you may consider not using our Platform, or contact us to discuss further.

6 Communication
6.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
6.2 Clients and Experts must not use any contact details they acquire as a result of a Booking to organise the provision of a Consultation (or any further services) off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.

7 Payments
7.1 As a Client, you agree to pay (and your chosen payment method will be charged) the Consultation Fees at the time you make a Booking.
7.2 In consideration for providing the Platform, we will charge the services fees (including any third-party payment processing fees) to the Expert as set out in the relevant Order Form (Service Fee). The Service Fee will be deducted from the Consultation Fees, and will be paid to us at the same time as the Client pays the Consultation Fees through the Platform.
7.3 If you are an Expert, you appoint us as your limited payment collection agent solely for the purpose of accepting the Consultation Fees from the relevant Client. You agree that we will not be required to pay you any amount until we have received the Consultation Fees from the relevant Client, and that we may grant refunds to Clients in accordance with these Terms. We will pay the Consultation Fees, minus the Service Fee, to the Expert in accordance with the payment terms set out in the relevant Order Form.
7.4 The payment methods we offer for the Consultation Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
7.5 You must not pay, or attempt to pay, the Consultation Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
7.6 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
7.7 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor, Stripe.

8 Refunds and Cancellation Policy
8.1 Experts agree to comply with their obligations as a supplier under the Consumer Rights Act 2015, and there may be situations where Clients are entitled to various consumer rights, including a cooling off period, that the Expert must comply with.
8.2 The cancellation, rescheduling or refund of any Consultation is a matter between the relevant Client and Expert, subject to the following clauses.
8.3 A Client or Expert may cancel or reschedule a Consultation with 24 hours’ notice’ provided through the Platform. Clients are not able to cancel a Consultation within 24 hours’ of the Booking, because the Expert will have already started preparing for your Consultation, and it stops the Expert from being able to offer this time slot to someone else that needs the Expert’s services.
8.4 If: (1) a Booking is cancelled in accordance with clause 8.3; or (2) an Expert cancels a Booking on the basis that they deem that a Booking is not suited to their field of expertise (and we are satisfied that the Expert does not have the relevant expertise), then we will return the Consultation Fees to the Client.
8.5 If an Expert does not attend a Consultation (or is more than 10 minutes late), the Consultation is then cancelled, and provided we are satisfied that the Consultation Fees should be returned to the Client, we will return the Consultation Fees to the Client.
8.6 If: (1) an Expert decides to provide a Client with a refund (other than in accordance with clause 8.4); or (2) an Expert breaches these Terms or we otherwise decide a refund is necessary for the Client, we will return the Consultation Fees to the Client.
8.7 Pursuant to clauses 8.5 and 8.6, the Service Fee for the refunded Consultation shall be a debt due and payable by the Expert to us, and we may deduct this Service Fee (and Consultation Fee if applicable) from any future Consultation Fees payable to the Expert.
8.8 If you have an issue with another user on the Platform, please let us know (for example, as a Client, if you have had an issue with an Expert). We will either attempt to resolve the issue for you, or we may put you in touch with the other Party so that you can resolve the dispute directly with the other Party, in good faith. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
8.9 This clause will survive the termination or expiry of these Terms.

9 Reviews
9.1 Clients may review their experience with the Platform, including the Consultation (Review).
9.2 Reviews can be viewed by any user and will remain viewable on the Platform.
9.3 You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
9.4 You can write a Review about a Consultation if you have had a Consultation, which means that: (1) you have engaged an Expert through the Platform; or (2) you can otherwise document your interaction with the Expert in relation to the Platform, including via correspondence (collectively referred to as a Client Experience).
9.5 You may not write a review about an Expert who is an immediate family member, or if you work for the Expert. Similarly, you may not write a Review about a direct competitor to a business that you own, are employed by or work for.
9.6 Your Client Experience must have occurred in the 12 months prior to you writing a Review.
9.7 You may only write about your own Client Experience. You are not permitted to write a Review about somebody else’s Client Experience, such as that of a family member or friend.
9.8 This clause will survive the termination or expiry of these Terms.

10 Intellectual Property
10.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
10.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
10.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
10.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
10.5 This clause will survive the termination or expiry of these Terms.

11 Content you upload
11.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content and Experts may provide us with information and content such as their professional biography and a profile picture (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
11.2 If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms.
11.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe,
misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
11.5 This clause will survive the termination or expiry of these Terms.

12 Warranties
You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) where you are an Expert, you are responsible for complying with all laws, rules and regulations which apply to your provision of the Consultations;
(e) where you are an Expert, you are appropriately qualified, and have any required skills, knowledge or training, to provide the Consultations; and
(f) where you are an Expert, depending on your tax status, you alone shall be responsible for declaring and remitting the correct amount of Value Added Tax (VAT), where applicable, to the tax authorities in your jurisdiction in relation to the amount(s) that you receive for providing Consultations. The Consultation Fees that you receive from us shall always be deemed to be inclusive of the applicable statutory amount of VAT. You are also responsible for declaring and remitting the correct amount of VAT to the tax authorities in relation to the amount(s) charged to you or withheld from you by us for your use of the Platform.

13 Seller Insurance
13.1 As an Expert, you represent, warrant and agree that you are required to effect and maintain the Required Insurances set out in the Expert Order Form.
13.2 We may request at any time that you provide us with proof of your insurance, in the form of a certificate of insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Clients. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

14 Limitations on liability
14.1 Neither Party may benefit from the limitations and exclusions set out in this clause 14 in respect of any liability arising from its deliberate default.
14.2 The restrictions on liability in this clause 14 apply to every liability arising under or in connection with this Agreement including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
14.3 Nothing in this Agreement limits any Liability which cannot legally be limited, including Liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) defective products under the Consumer Protection Act 1987.
14.4 This clause 14.4 applies to the extent that the Platform is considered digital content and you are a Client. If the Platform is defective and it damages a device or digital content belonging to you (as a Client) 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.
14.5 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with Third Party Services, any aspect of the Client and Expert interaction including any Consultations offered by an Expert or your reliance on an Expert’s advice, the description of the Consultation offered, any advice provided, or the quality of any interactions between a Client and Expert.
14.6 Subject to clauses 14.1 (no limitation in respect of deliberate default), 14.4 (damage caused by defective digital content) and 14.3 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law, to the extent you use the Platform as a Client: (1) we only supply the Platform to you for domestic and private use. If you, as a Client, use the Platform for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; (2) if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms; and (3) our aggregate liability for any and all liability arising from or in connection with these Terms will be limited to us resupplying the Expertible Services to you or, in our sole discretion, to us paying you £150.
14.7 Subject to clauses 14.1 (no limitation in respect of deliberate default), 14.414.4 (damage caused by defective digital content) and 14.3 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law, to the extent you use the Platform as an Expert: (1) you agree to indemnify us for: (a) any Liability we incur due to your breach of these Terms and (b) any claim (including from any tax authority) for any VAT for which you are responsible that you did not correctly declare or remit to the relevant tax authority; (2) neither Party will be liable for any Consequential Loss; and (3) our aggregate liability for any and all liability arising from or in connection with these Terms will be limited to us resupplying the Expertible Services to you or, in our sole discretion, to us paying you £150.
14.8 We have given commitments as to the compliance of the Platform with these Terms and applicable Laws in clause 5.2. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
14.9 This clause will survive the termination or expiry of these Terms.

15 Termination
15.1 Clients may terminate their Account and these Terms at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect immediately.
15.2 Experts may terminate these Terms in accordance with the terms of their Order Form.
15.3 We may terminate these Terms, or cease providing the Platform, at any time, with 30 days’ written notice.
15.4 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
15.5 As an Expert, if you repeatedly receive poor reviews, then this will be considered a breach of a material term for the purpose of the above clause.
15.6 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
15.7 Upon expiry or termination of these Terms:
(a) we will remove your access to the Platform and your Account will be deleted;
(b) we will immediately cease providing the Expertible Services;
(c) where you are a Client, we will cancel any existing Bookings and you will lose any Consultation Fees and other amounts paid, other than where termination is due to our termination for convenience, in which case the Consultation Fees will be refunded to you;
(d) where you are an Expert, we will cancel any existing Bookings and refund the relevant Clients in accordance with the Refunds and Cancellation Policy clause; and
(e) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
15.8 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid Consultation Fees.
15.9 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
15.10 This clause will survive the termination or expiry of these Terms.

16 General
16.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
16.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
16.3 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
16.4 Disputes: Dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Where you are a Client and you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are an Expert, if we and you cannot agree how to resolve a Dispute between us, a Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
16.5 Entire Terms: Subject to any of your consumer law rights, these Terms contain the entire understanding between the Parties contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede and extinguish all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, whether written or oral, in respect of its subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
16.6 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practicable, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
16.7 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their/your obligations under it.
16.8 Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
16.9 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
16.10 Privacy: We will handle your personal data in accordance with our Privacy Policy, available on our website.
16.11 Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Moonrise Services to you, including on our website or in our promotional material.
16.12 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
16.13 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
16.14 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us.

17 Definitions
17.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
17.2 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
17.3 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
17.4 Intellectual Property Rights means, for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of Intellectual Property.
17.5 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
17.6 Moral Rights means any moral rights, including those conferred by Chapter IV of the Copyright, Designs and Patents Act 1988.