1. GENERAL

This Agreement imposes legal obligations upon you. If you disagree with any part of this Agreement, kindly refrain from accessing the Platforms, utilizing any services provided through the Platforms, or registering an account for such services.

1.1 These terms and conditions form the agreement ("Agreement") between you ("User") and GoChargeAm Limited and its affiliates ("we," "us," or "GoChargeAm") concerning your utilization of our GoChargeAm battery sharing service ("Service") in Nigeria. This Agreement pertains to both our website, www.GoChargeAm.com ("Website"), and our mobile application ("GoChargeAm App") available on operating systems like IOS, Android, and/or Windows Mobile. Collectively, the Website and the GoChargeAm App are referred to as the "Platform."

1.2 Your utilization of the Service is governed by this Agreement, our privacy policy ("Privacy Policy"), and battery usage regulations ("Usage Policy"), accessible on the Platform. By using the Service, you consent to adhere to our Usage Policy and Privacy Policy, both of which are essential components of this Agreement.

1.3 We retain the right to amend the terms of this Agreement at any given time. Such modifications will take effect upon our posting of the updated Agreement on the Platform. Each instance of your usage of the Platform or the Service will be governed by the prevailing version of this Agreement. By continuing to use the Platform or the Service subsequent to any modifications to this Agreement, you consent to be bound by the terms of the current version of the Agreement as amended.

1.4 This Agreement contains important information regarding your rights with respect to the Platform and the Service, including your relationship with us. Please read this Agreement carefully, and review this Agreement regularly.

2. USER QUALIFICATION

You warrant and represent that:

(1.) You confirm that you are at least 18 years old and possess the necessary mental and legal capacity to enter into this Agreement and utilize the Services.
(2.) any information you submit to us when using the Service is accurate, complete, and current; and
(3.) your use of the Service does not violate any applicable law or regulation.

3. USER REGISTRATION

3.1 You shall register with the Platform by undergoing mobile phone verification or another prescribed procedure to become a registered user. You acknowledge and consent that the details you furnish during the user registration process are truthful and comprehensive. Furthermore, you agree to promptly inform us of any updates or alterations to this information.

3.2 The user account (“Account”) you create following the registration process shall be personal to you. You may not transfer your Account to anyone else, nor permit or assist others to use the Service through your Account, except for those individuals or businesses that have been expressly authorized by us to create accounts on behalf of their employers or customers.

3.3 After successfully completing the User registration process, you may start using the Service through the Platform in accordance with this Agreement.

3.4 We reserve the right to suspend, deny or revoke your access to your Account, the Platform and/or the Service at any time and at our sole discretion. If you are suspended, or have been denied or had your access revoked you may lodge a User complaint in accordance with the procedures set out in this Agreement.

4. ACCOUNT SECURITY

4.1 You are responsible for the security of your Account including login information and password(s). Please ensure that you log out at the end of each session when using the Website and leave the Platform following the correct steps. If you disclose your Account information you may be responsible for any losses and consequences of such acts.

4.2 Subject to Clause 10.1 of this Agreement, you shall be responsible for all the actions and results carried out under your Account (including, but not limited to, using GoChargeAm batteries (“GoChargeAm Batteries”), returning GoChargeAm Batteries, releasing information, disclosing information, opening your address book) whether the actions and results have caused any damage to yourself, us or a third party.

4.3 You must notify us via the Platform immediately if you become aware of any unauthorized use of your Account, or other situation that may cause theft or loss of your Account. Upon notice of unauthorized use, we will temporarily lock your Account, but you acknowledge that doing so takes a reasonable amount of time, and it will not be immediate.

4.4 Your Account may only be used by you and may not be shared with any other person. You agree:

to keep your Account details private at all times; to keep the login verification code to your Account safe and confidential; not to transfer any part of your Account (e.g., address book) to anyone else; and to comply with all applicable laws and the terms and conditions in this Agreement in connection with your Account

4.5 You shall be responsible for all actions and transactions made through your Account unless you have closed it, or reported any misuse of your Account to us via the Platform.

4.6 We attach great importance to the protection of your personal information and information of other users. If you come into contact with any personal information or documents of any other user through your use of the Platform or communication with other users, you shall keep such information confidential and will not in any way disclose such to any other party.

5. USING THE SERVICE

5.1 Using GoChargeAm Batteries:

(a) After registration, by clicking ‘unlock’ in the App users can scan the QR code on the station and the battery will be automatically released.

(b) Before you use a GoChargeAm battery, you must carefully inspect it for any damage, including, but not limited to, cable presence, cable condition, battery level functionality etc.

(c) You must promptly notify GoChargeAm of any problem or issue with the battery via the GoChargeAm App or customer service email: support@GoChargeAm.com

(d) Subject to Clause 10.1 of this Agreement, if you proceed to use a GoChargeAm battery in circumstances where:

you have been advised or otherwise informed; it is visually apparent and/or your inspection indicates, that such GoChargeAm battery is damaged, defective or otherwise unsuitable to be used, you will be solely responsible, and we will not be responsible for any damage or injury to your body or property or the body or property of any third party arising from the use of such GoChargeAm battery.

(e) You must use the GoChargeAm battery in a reasonable, considerate and lawful manner. You may not damage it or restrict others from using it, including, but not limited to, damaging, vandalizing, extinguishing or concealing the GoChargeAm battery, removing the cable or other conduct that prevents use of the GoChargeAm battery by others.

(f) You must return the GoChargeAm battery in the same condition in which it was rented. If the GoChargeAm battery is returned damaged or in a state of disrepair, then you will be charged a fee that is equal to the cost of the battery.

(g) You may not hire out a GoChargeAm battery to anyone else, nor may you use a GoChargeAm battery for conducting any business activity.

(h) After each use of a GoChargeAm battery, you can end the rental period by returning the battery to an online GoChargeAm station, (rental period ends automatically in the App) and paying the relevant fees.

(I) The data generated by the Platform is conclusive evidence of the period of your use of a GoChargeAm battery. Your use of any GoChargeAm battery is limited to a period of 24 hours. Any use that exceeds a period of 24 hours is deemed a disappearance of the GoChargeAm battery until the GoChargeAm Battery is checked back in. If a GoChargeAm Battery is not returned and checked in within a period of 24 hours, then the GoChargeAm Battery is deemed lost and your Account may be charged by the way of the security deposit and subscription charges being forfeited against the price of the GoChargeAm Batteries.. If a GoChargeAm Battery is lost while you are using it, you must report the disappearance by filing a formal police report with the local police and also notify us within 24 hours following the disappearance via the Platform. Your usage of the Service is governed by the subscription plan. We reserve the right to change such subscription plan solely at our end without serving any notice or communication to You. Any change in the subscription plan can be viewed on our website.

(j) In addition to, and not intended to limit, any other restrictions in connection with your use of a GoChargeAm Battery, you may not:

Modify, dismantle, write on, attach accessories to or otherwise alter or deface a GoChargeAm Battery or any part of a GoChargeAm Battery in any way, or use a GoChargeAm Battery for any advertising or similar commercial purpose; Allow others to use a GoChargeAm Battery that you have checked out.

(k) In connection with your use of any GoChargeAm Battery and the Platform, you represent and warrant, as of each time immediately before using any GoChargeAm Battery that:

you acknowledge that GoChargeAm does not guarantee that any GoChargeAm Battery will be available at the time and in the place, you wish to use one, especially at times of high demand;

you acknowledge that GoChargeAm does not guarantee that you will be able to return the battery at all times once it has been rented, if all stations in the users’ vicinity are full of batteries. If this does occur, please contact support via the app.

GoChargeAm provides GoChargeAm Batteries only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a GoChargeAm Battery on their own and who have agreed to all of the terms of this Agreement.

6. PUBLIC LIABILITY INSURANCE

Please be ware that our liability does not cover damages or injuries resulting from improper or unauthorized use of the rented power banks. Customers are advised that using our power banks is done at your own risk.

7. PAYMENT AUTHORIZATION, WALLET DEDUCTIONS & RECOVERY RIGHTS

7.1 Authorization to Deduct Charges: By creating an account and using the Service, you expressly authorize GoChargeAm to deduct from your GoChargeAm Wallet, linked payment method, or authorized bank account any amounts lawfully due under this Agreement, including but not limited to:

rental fees;

overtime charges;

replacement costs for lost or unreturned devices;

repair costs for damaged devices;

penalties for misuse of devices;

chargeback fees;

administrative recovery costs; and

any taxes or statutory charges applicable to the Service.

7.2 Negative Wallet Balances: Where deductions exceed the available Wallet balance, your Wallet may reflect a negative balance. GoChargeAm may suspend access to the Service until the outstanding balance is settled.

7.3 Chargeback Protection: If you initiate a chargeback, payment dispute, reversal, or unauthorized transaction claim relating to charges properly incurred under this Agreement, GoChargeAm reserves the right to:

suspend your Account;

recover the disputed amount;

charge reasonable administrative costs associated with investigating the dispute; and

pursue legal recovery where appropriate.

7.4 Continuing Authorization: Your authorization remains effective until all obligations arising from your use of the Service have been fully satisfied.

7.5 Responsibility During Rental Period: You are solely responsible for any GoChargeAm Power Bank from the moment it is released to you until it is successfully returned and recorded by the Platform.

7.6 Lost or Unreturned Devices: Where a Power Bank is not returned within twenty-four (24) hours after the expiration of the rental period, GoChargeAm may classify the device as unreturned.

Where a Power Bank remains unreturned for seven (7) days or such shorter period as reasonably determined by GoChargeAm based on circumstances suggesting loss or conversion, GoChargeAm may:

charge the replacement value of the device;

deduct applicable charges from your Wallet or linked payment method;

initiate direct debit recovery procedures;

suspend or terminate your Account; and

report suspected theft or fraudulent activity to law enforcement agencies.

7.7 Damaged Devices: Where a Power Bank is returned damaged, altered, dismantled, defaced, tampered with, or rendered unusable beyond ordinary wear and tear, GoChargeAm may charge:

the reasonable repair cost; or

the replacement cost where repair is not commercially reasonable.

GoChargeAm reserves the right to determine whether repair or replacement is appropriate based on technical assessment.

7.8 Evidence:

Data generated by the Platform, station records, transaction logs, QR code scans, device tracking information, photographs, maintenance records, and electronic records shall constitute prima facie evidence of rental activity and device status.

8. FRAUD PREVENTION, VERIFICATION AND ACCOUNT SECURITY

8.1 Verification:

GoChargeAm may require identity verification, phone verification, biometric verification, bank account verification, or any other lawful verification procedure before granting access to the Service.

8.2 Fraud Monitoring:

GoChargeAm reserves the right to monitor transactions, rental patterns, device movements, payment activity, and account behavior for fraud prevention and security purposes.

8.3 Suspicious Activity:

Where GoChargeAm reasonably suspects fraud, theft, money laundering, unauthorized account access, identity theft, payment abuse, or any unlawful activity, it may:

temporarily restrict account access;

place transactions under review;

request additional documentation;

report the activity to regulatory or law enforcement authorities; and

terminate the account where appropriate.

8.4 False Information:

Providing false, misleading, or fraudulent information during registration or verification constitutes a material breach of this Agreement.

9. BREACH

9.1 Remedies for Breach:

You agree to comply with this Agreement and all applicable laws when using the Platform, Services, and any GoChargeAm Battery.


If GoChargeAm reasonably determines that you have breached this Agreement, misused the Platform or Services, engaged in fraudulent or unlawful conduct, or caused loss or damage to GoChargeAm or other users, GoChargeAm may take one or more of the following actions, subject to applicable law:

(a) issue a warning or request that you remedy the breach;

(b) temporarily suspend or restrict your access to the Platform or Services;

(c) permanently terminate or block your Account in cases of serious, repeated, fraudulent, or unlawful violations; and/or

(d) recover reasonable costs, charges, losses, or expenses directly resulting from your breach, including the cost of replacing lost, stolen, damaged, or unreturned GoChargeAm Batteries, by deducting such amounts from your Account balance or any payment method linked to your Account, provided that such deductions are reasonable, proportionate, and supported by the applicable schedule of charges displayed on the GoChargeAm App.

Where reasonably practicable, GoChargeAm will provide notice of any suspension, restriction, termination, or charge deduction and the reasons for such action.

9.2 If you believe that any action taken under Clause 9.1 was made in error, or if you have any questions regarding the handling of an alleged violation, you may contact GoChargeAm customer support at support@gochargeam.com to request a review.

GoChargeAm will review such requests within a reasonable time and may request additional information where necessary.

10. LIMITATIONS OF OUR LIABILITY

10.1 Nothing in this Agreement excludes, restricts, or limits any rights that cannot lawfully be excluded under applicable laws, including the Federal Competition and Consumer Protection Act, the Nigeria Data Protection Act, and any other applicable consumer protection legislation.

10.2 Liability Cap:

To the maximum extent permitted by law, GoChargeAm's aggregate liability arising out of or relating to the Service shall not exceed the greater of:

the total amount paid by the User to GoChargeAm during the six (6) months preceding the event giving rise to the claim; or

₦100,000.

10.3 In exchange for your being allowed to use any GoChargeAm Battery, to the maximum extent permitted by law, GoChargeAm shall not be liable for:

indirect losses;

consequential losses;

loss of profits;

loss of business opportunities;

loss of goodwill;

loss of anticipated savings;

loss of data; or

interruption of business operations. that may arise from or relate to any of the services discussed herein, including in connection with the Platform or use of any GoChargeAm Battery, or your use of any of the foregoing (“Claims”) that you have or may have against GoChargeAm arising out of or in any way related to your use of the Platform or non-use of any GoChargeAm Battery.

10.4 To the fullest extent permitted by law, GoChargeAm shall not be responsible for:

(a) the acts, omissions, or misconduct of third parties;

(b) temporary interruptions, delays, or unavailability of the Platform or Services;

(c) events beyond GoChargeAm’s reasonable control; or

(d) losses resulting from your inability to use the Service, except where caused by GoChargeAm’s breach of this Agreement or negligence.

You acknowledge that the Services and Platform may occasionally experience technical issues, maintenance interruptions, or delays.

10.5 Except as expressly stated in this Agreement and to the fullest extent permitted by law, the Services, Platform, and GoChargeAm Batteries are provided on an “as is” and “as available” basis.

GoChargeAm does not guarantee that the Platform or Services will operate uninterrupted or error-free. However, GoChargeAm shall use reasonable care and skill to maintain the functionality, safety, and availability of the Services and GoChargeAm Batteries.

Nothing in this Agreement excludes any statutory rights or consumer guarantees that cannot lawfully be excluded under applicable law.You assume full and complete responsibility and liability for all consequences and claims of any kind or nature whatsoever related to your stolen or lost GoChargeAm Battery whilst under your control.

11. OWNERSHIP AND INTELLECTUAL PROPERTY

11.1 Your acceptance of this Agreement and use of the Services grants you only the limited rights expressly stated in this Agreement. Nothing in this Agreement creates any partnership, joint venture, employment, agency, fiduciary, or other similar relationship between you and GoChargeAm.

11.2 All intellectual property rights in and to the Platform, GoChargeAm App, Services, GoChargeAm Batteries, and all related materials, including copyrights, trademarks, trade names, logos, designs, graphics, software, source code, object code, databases, and confidential information, are and shall remain the exclusive property of GoChargeAm or its licensors. Except for the limited license expressly granted under this Agreement, nothing in this Agreement transfers or grants to you any ownership rights or intellectual property rights in the Platform or Services.

You shall not, without GoChargeAm’s prior written consent:

(a) copy, reproduce, distribute, modify, or create derivative works from the Platform or Services;

(b) reverse engineer, decompile, disassemble, or attempt to access the source code of the Platform or App, except where permitted by applicable law; or

(c) use any GoChargeAm intellectual property in a manner that infringes or violates GoChargeAm’s rights.

11.3 “GoChargeAm” and all related names, logos, product names, service names, slogans, designs, and branding elements are trademarks or trade names of GoChargeAm or its licensors.

You may not use, reproduce, imitate, display, or otherwise exploit any such trademarks, logos, or branding materials without GoChargeAm’s prior written permission.

All content displayed on the Platform, including text, graphics, images, icons, software, and scripts, is protected by intellectual property laws and remains the property of GoChargeAm or its licensors.

11.4 Subject to your compliance with this Agreement, GoChargeAm grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the GoChargeAm App solely for your personal, lawful, and non-commercial use.You may use the Platform and Services only in accordance with this Agreement and applicable laws.

11.5 You remain the owner of any content, information, text, images, or materials that you upload, post, transmit, or share through the Platform (“User Content”).

You represent and warrant that:

(a) you own or have all necessary rights, permissions, and authority to submit the User Content;

(b) your User Content does not infringe any third-party rights, including intellectual property, privacy, or contractual rights; and

(c) your User Content complies with applicable laws and this Agreement.You are solely responsible for your User Content and any consequences arising from it.GoChargeAm reserves the right, acting reasonably and in compliance with applicable law, to review, remove, restrict, or disable access to any User Content that:

(1) violates this Agreement;

(2) infringes third-party rights;

(3) is unlawful, harmful, fraudulent, abusive, or misleading; or

(4) may expose GoChargeAm or users to legal or security risks.

By submitting User Content through the Platform, you grant GoChargeAm a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, process, adapt, and distribute such User Content solely for the purposes of:

(a) operating and providing the Services;

(b) improving and maintaining the Platform;

(c) complying with legal obligations; and

(d) promoting or marketing the Services, where permitted by law.

This license shall continue only for as long as necessary for the above purposes or as required by applicable law.

11.6 GoChargeAm shall process personal data in accordance with:

You may terminate your license by deleting certain content you have provided or closing your account on the Platform, unless it takes some time to remove the content from the backup system and other systems.

the Nigeria Data Protection Act 2023;

applicable Nigeria Data Protection Commission regulations; and

the GoChargeAm Privacy Policy.

Where you provide personal information or content through the Platform, you grant GoChargeAm a limited, non-exclusive, royalty-free license to use such information solely to:

(a) provide and improve the Services;

(b) maintain platform functionality and security;

(c) communicate with you regarding your account or the Services; and

(d) comply with legal and regulatory obligations.

GoChargeAm will not use your content for third-party advertising purposes without your consent, except as otherwise permitted by applicable law.

You may request deletion of your User Content or close your account at any time, subject to:

(a) reasonable retention periods;

(b) backup and archival processes; and

(c) legal or regulatory obligations requiring retention.

Any feedback, suggestions, ideas, or recommendations you voluntarily provide regarding the Services may be used by GoChargeAm without restriction or compensation to you, provided that such use does not violate applicable law or your privacy rights.

12. INDEMNIFICATION

12.1 You agree, without limitation, to indemnify and hold GoChargeAm and its employees and agents harmless from any death, injury, or damage to yourself, another person or persons, or property arising out of or in any way connected to your use of any GoChargeAm Battery or the Platform caused by your acts, omissions or negligence.

12.2 You agree to indemnify and hold GoChargeAm and our associated parties jointly providing the Service with us, harmless from all liabilities, claims, losses, damages, expenses, costs (including legal fees incurred at trial, on appeal, or otherwise), debts, fines, penalties and charges, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise that arise out of or relate to

your misuse or inability to use the Platform,

your misuse of any information on or from the Platform,

any unauthorised access or alteration of your transmission or data in connection with the Platform,
any prohibited or malicious action or inaction by you that disrupts the Platform or the Service.

12.3 If your conduct causes us to pay third parties’ claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.

13. TERMINATION OF THIS AGREEMENT

13.1 User Termination. You may terminate this Agreement in any of the following ways:
If you notify us via the Platform at any time that you wish to cease using the Service and the Platform;

If you cease using the Service and the Platform for a period of 365 consecutive days or more;

If you cease using the Service and the Platform and expressly reject any changes to this Agreement before such changes become effective.

13.2 Termination initiated by GoChargeAm. We may terminate this Agreement in any of the following ways:
If you breach any of the terms of this Agreement;

If you fail to pay any sums due under this Agreement within 2 days of the date due;

If you cease using the Service and the Platform for a period of 365 consecutive days or more;

If in our opinion your continued use of the Service or the Platform would be detrimental to the Service, the Platform or other users;

If you expressly reject any changes to this Agreement notified to you from time to time.

13.3 If your conduct causes us to pay third parties’ claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.

14. COVENANTS AND PROHIBITIONS

14.1 Covenants. You shall ensure that your conduct is in compliance with the following requirements when you access or use the Service:

Compliance with all the applicable laws, including but not limited to tort law, privacy laws, intellectual property laws, tax laws and regulatory requirements;

Provision of accurate information and updating them in a timely manner;

Using your real name, identity and other personal information in the personal data file;

Using the Service in a civilized and proper manner.

14.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:

Using the Platform when you do not have the legal capacity or you are suspended from using the Service temporarily or permanently;

Transferring your Account to any third party without our consent;

Infringing others’ legal rights and interests in any way through the Platform, including collecting any other person’s login information or other personal information, using or attempting to use any other person’s account, harassing, insulting, threatening, coercing or hurting any other person, or sending any other person junk mails or other unwelcome messages or infringing any other persons’ intellectual property rights, etc.;

Interfering or sabotaging the Platform, its server or its network, or to creating unreasonable or inappropriate load on our server or system by any means, or conducting any activity that may result in breakdown, overloading or damages (including spreading worms, viruses, spywares, malwares or other destructive codes) or implanting content or codes on user browsers or devices, or altering or disturbing the render effects or display of our website on the user browser or device by other means, or uploading viruses or other malicious codes;

Without legal authorisation, using techniques on purpose to intercept, tamper, steal, record, visit, collect, store, use, spread, disclose or delete information that you are not authorised to access from the Platform, such as other users’ personal information, content or data relating to competitive services (determined at our discretion) or other confidential information which does not belong to you;

Violating or evading any laws or any of our policies or rules or any decisions about your Account status;

Taking any action to evade our technical and security measures;

Infringing our intellectual property rights or other rights, including but not limited to using GoChargeAm or our other commercial logos in any commercial name, email or website, deleting any notification contained in our services on copyrights, trademarks or other ownership, damaging any of our patents, copyrights, proprietary technology, programs, software or data base information that we possess or legally use, through copying, disseminating, publicizing, decoding, partitioning or producing derivatives etc.;

Without our explicit consent, implying or stating that you are an affiliate of the Platform or have any agency relationships with it.

Without our permission, renting, leasing, lending, borrowing, trading, selling or reselling our services or other relevant information or data, or monetizing or commercializing any of our service functions; Deleting, shielding or hiding any advertisement in our services;

Using automatic programs or other automatic methods to visit our service, adding or downloading address books or sending or redirecting messages;

Duplicating, modifying or creating derivatives of the Platform or any other relevant technologies (except otherwise authorised by us), or monitoring the usability, performance or functions of our services for competition purposes, or participating in establishing frame, making mirror images or other activities of imitating the appearance of our website or functions, or changing, modifying, re-editing or altering our services, or changing, modifying or altering other websites in order to create a wrong impression that such websites are related to our services.

Visiting our Service via web pages not expressly provided by us;

Rewriting any security functions of our Services or the Platform;

Assisting or encouraging any violation of this Agreement or our policies;

using our Service and GoChargeAm Batteries for any unlawful or illegal activity or which would be considered offensive and/or antisocial behaviour; and

Any other unlawful conduct detrimental to the Service and/or the Platform.

14.3 Although we impose standards for conduct on our users, we do not control or regulate our users’ conduct on the Platform. Therefore, we will not be responsible for any content or information disseminated or shared by the users on the Platform. If you believe that a user has violated the terms of this this Agreement or any of our policies, then please contact us. Although we try to maintain a safe environment, we are not responsible for the posts of any users and disclaim any liability for the conduct or content of any users. If you, under any circumstance, and without our authorisation, commit any prohibited act, or publicise or disseminate any prohibited information, you will be solely responsible for all related liabilities and risks.

15. ELECTRONIC SIGNATURES AND NOTICES

15.1 Certain activities on the Platform may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.

15.2 If you have an Account with us, you agree that we may provide you any and all required notices electronically through your Account or other electronic means such as email, or pop-up messages or pushed messages on the Platform in accordance with our Privacy Policy.

16. Governing Law

16.1 This Agreement and any dispute arising in relation to it shall be governed by and construed in accordance with English law and you and we agree to submit to the exclusive jurisdiction of the English courts in circumstances where the terms of this Agreement permit litigation in court.

17. Force Majeure

17.1 We shall undertake basic security obligations in accordance with law, but will not be responsible for damages resulting from the maintenance of the information network equipment, connection failure, malfunction of the computer, communication or other system, power breakdown, strike, riot, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities or acts or omissions of any third party.

18. Miscellaneous

18.1 This Agreement (including but not limited to the Privacy Policy, Usage Policy and any additional terms that we have notified you of being applicable to specific services) constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties.

18.2 We may assign, transfer, delegate, or otherwise sub-contract our rights under the terms of this Agreement in our sole discretion.

18.3 If we fail to enforce a provision of the terms of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder).

18.4 If any provision of the terms of this Agreement is held or made invalid, the invalidity does not affect the remainder of the terms of this Agreement. We reserve all rights not expressly granted in the terms of this Agreement and disclaim all implied licenses.