Sirik Ltd

App Terms and Conditions

THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS(“TERMS”) ON WHICHSIRIKLIMITED(COMPANY REGISTRATION NO.06995286 HAVING ITS REGISTERED OFFICE AT2 ST MARY’S ROAD, TONBRIDGE, KENT, TN9 2LB (“WE”, “US”OR “OUR”) PROVIDES YOU (“YOU”OR “YOUR”) WITHACCESS TO THE “CLINICAL CAM” APP (AS DEFINED BELOW).

PLEASE READ THESE TERMS VERY CAREFULLY.YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON “I ACCEPT” WHEN ASKED TO DO SO, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND TO USE THE “CLINICAL CAM”APP IN ACCORDANCE WITH THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO AND SHOULD NOT ATTEMPT TO USE THE “CLINICAL CAM”APP.

YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.

  1. About these Terms
  2. We will use the following definitions in these Terms:
    “App” means the object code form of the “Clinical CAM”mobile application(s), available for download fromthe Apple orGoogle Playapp stores,and includes any updates, enhancements or other modifications of the App provided to You;
    “Data Protection Laws” means all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including but not limited to the GDPR and all other successor legislation and regulations thereto;
    “GDPR” means the EU General Data Protection Regulation 2016/679;
    “Patient” means a patient whose data you have collected and stored within the App;
    “Patient Data” means all data created, uploaded or input through your use of the App, including without limitation all text, photographs, graphics, sound, video, messages, advice, statements and other material, relating to Patients;
    “Subscription Period” means each successive 6 month period, the first of which will commence on the day after your free trial ends, and which shall renew automatically unless or until terminated in accordance with clause 8;
    “Your Data” means any data, information or other materials submitted by Youto Us through Your use of the App, including Your personal data and the Patient Data.

  3. About “Clinical CAM”
    • 2.1 The App is known as “Clinical CAM”. The Appis owned and managed bySirik Ltd. All information supplied through “Clinical CAM” is managed by Us.
    • 2.2 Sirik Ltdcan be contacted by writing to Sirik Ltd, C/o Mr R Bhardwaj, 2 St Mary’s Road, Tonbridge, Kent, TN9 2LB by email [INSERT EMAIL ADDRESS ].
    • 2.3 By downloading and using the App, You warrant that:
      • 2.3.1 You are legally capable of entering into binding contracts;
      • 2.3.2 You are not in any way prohibited by the applicable law in the jurisdiction in which You are currently located to enter into these Terms;
      • 2.3.3 You are at least 18 years old. If You are under the age of 18, You are prohibited from using the App;
      • 2.3.4 if You register with Us for an account which allows You to nominate individuals other than You to access and use the App via that account, including without limitation a group account made available to You via the App, You take full responsibility for all use of the Appthrough that account by any such individual(s) You give permission to access the account.
  4. Registration and using your Account
    • 3.1 In order to access the App You must firstapply to register with Us. By applying to register as a user of the App You consent to Uscarrying out verification and security procedures in respect of the information You have provided during the registration process. You will need to provide Us details including Your name, email address and professional registration number (optional). We will use this details to create your Clinical CAM account (“Account”).
    • 3.2 It is key that the information You provide is truthful and error-free and accordingly You hereby warrant that all information provided by You to Us is true, accurate and correct. You further warrant that You shall promptly notify Us in the event of any changes to such information provided.In the event that We have reason to suspect that You have provided such false information, We reserve the right to request proof of the suspected false information. If You fail to provide such proof requested by Us within 7 days, We reserve the right to terminate Your use of the App.
    • 3.3 Following completion and submission of a registration form, You will be sent a welcome email (“Welcome Email”)which will be sentto the email address You provided on the registration form.
    • 3.4 In order to use the App You will be required to pay a monthly fee; please refer to part 7 of these Terms.
    • 3.5 You agree that at all times, You shall:
      • 3.5.1 not use the login details You use to access the App(“Login Details”) with the intent of impersonating another person;
      • 3.5.2 keep Your Login Details confidential and secure;
      • 3.5.3 not allow any other person to use Your Login Details, except where You have clearly set out when registering for Your Account that You permit a nominated carer to access and use Your Account on Your behalf;
      • 3.5.4 not use the information presented on the App for any purposes other than those expressly set out in these Terms;
      • 3.5.5 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Appor in respect of the network;
      • 3.5.6 promptly notify Usif there is any actual or suspected breach of security or any unauthorised use or attempted use of your Login Details;
      • 3.5.7 co-operate with any reasonable security or other checks or requests for information We make from time to time; and
      • 3.5.8 use the information made available to You via the Appat your own risk.
    • 3.6 Wereserve the right to accept or reject any Account applicationsandto refuse You access to the Appat Our sole discretion.Further, without prejudice to Our rights and remedies, We reserve the right to promptly disable Your Account and suspend Your access to the Appif We have any reason to believe that You have breached any of the provisions of these Terms.
  5. “Clinical CAM” Functionality and Availability
    • 4.1 The features and functionality of the Appmay be amended and updated from time to time, but shall include the following:
      • 4.1.1 The ability totake and store photographs of patients;
      • 4.1.2 Automatic erasure of such photographs after a period of time selected by you, however, this cannot exceed the maximum time limit set by the App;
      • 4.1.3 The ability to input and storethe patient’s details and their consent for the taking photographs viathe App.
    • 4.2 We will use Our reasonable endeavours to make the App available to You at all times, but We cannot guarantee that the Appwill be uninterrupted or fault free. We shall be entitled at Our own discretion to suspend the App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable for any such suspension or unavailability of the App.
    • 4.3 We reserve the right to make changes to the Appor part thereof from time to time including without limitation, the removal, discontinuation, modification and/or variation of any elements, features and functionalities of the Appwithout notice.
  6. Using “Clinical CAM”
    • 5.1 You shall, at all times:
      • 5.1.1 comply with all applicable laws, regulations, directives and legislations including but not limited to the General Medical Council rules and guidance in Your use of the App ;
      • 5.1.2 comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your use of the App
      • 5.1.3 ensure the device You use to access the App:
        • 5.1.3.1 complies with the minimum specifications required for Your device to install and use all features of the App, as specified by Us in the relevant app store; and
        • 5.1.3.2 contains adequate anti-virus protection;and You acknowledge that We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect Your device due to Your use of the App, and you hereby release and discharge Us from any liability for such loss or damage.
    • 5.2 You shall not use the Appand/or any knowledge, information, know-how and/or expertise derived from using the App:
      • 5.2.1 to commit any criminal act, promote any illegal activities or provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
      • 5.2.2 to do anything likely to cause harm or distress to any persons;
      • 5.2.3 to infringe any intellectual property rights or other rights of any third parties;
      • 5.2.4 in a way that may reasonably be deemed to be offensive, illegal, inappropriate or in any way promote racism, bigotry, hatred or physical harm of any kind against any group or individual or to harass or advocate harassment of another person;
      • 5.2.5 to display pornographic or sexually explicit material; and
      • 5.2.6 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent.
    • 5.3 You shall notify Us in writing immediately if You become aware of any breach of these Terms and/or inappropriate behaviour in connection with the App.
    • 5.4 You acknowledge that We may establish general practices and limits concerning use of the Appincluding without limitation the maximum time period that uploaded Patient Data will be retained.
    • 5.5 In the event that We, in Our sole discretion, consider that you are making any illegal and/or unauthorised use of the App, and/or your use of the Appis in breach of these Terms, We reserve the right to take any action that We deem necessary, including terminating without notice Your use of the Appand, in the case of illegal use, instigating legal proceedings.
  7. Patient Data
    • 6.1 You are solely responsible for any Patient Data that You create, upload and/orinput intothe App and you are solely responsible for ensuring that this Patient Data is legal.We reserve the right to remove any Patient Datauploaded by You if we have any reason to believe that you have not complied with these Terms.
    • 6.2 We are not responsible for the deletion of any Patient Data that You create, upload and/orinput intothe App.
    • 6.3 We are not liable for any Patient Data that is passed onto third parties (unless such transfer has arisen as a result of Our breach of this Agreement)
    • 6.4 We do not guarantee the accuracy, integrity or quality of the Patient Data made available to You via the App. You understand that by using the AppYou may be exposed to Patient Data that is offensive, indecent or objectionable.
  8. App Stores and Fees
    • 7.1 In order to access and use the App, You must first download the App from the relevant app store.
    • 7.2 You will receive a free trial period permitting you to use the App for a period of 14 days following download. Where you notify us,prior to the end of the trial period, that You would like to terminate your use of the App, we will delete your Account but we will keep a record of your email address in accordance with our Privacy Policy, and You will not be charged for Your use of the App. Where you have not notified us that you would like to terminate your use of the App, You will be required to pay the charges throughout the Subscription Period in accordance with clause 7.3 below.
    • 7.3 You will be charged a recurring monthly fee to use the App throughout the Subscription Periods, with payments being collected via the applicable App store. The first payment will be collected the day after the free trial period ends with each recurring payment being collected monthly thereafter. If Youfail to pay any monthly fee We reserve the right to terminate Your use of the App forthwith.
    • 7.4 We reserve the right to charge further fees in order for You to download updated versions of the App, and to discontinue previous versions of the App, from time to time. In such circumstances, We shall provide You with not less than 14 days notice of such fees.
    • 7.5 You acknowledge and agree that:
      • 7.5.1 We are in no way linked, connected or affiliated with Apple, Android, Google or Microsoft;
      • 7.5.2 Access to and use of the App may be limited by your network carrier and will be limited if You are attempting to access the App from outside the United Kingdom;
      • 7.5.3 You acknowledge You will not be able to access and use certain functionalities of the App unless You have internet access through a GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to Your agreed terms with your mobile network provider;
      • 7.5.4 neither Your airtime provider nor any App kiosk or kiosk operator (including but not limited to the Apple App-Store orGoogle Play Store) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
      • 7.5.5 Your airtime provider and any App kiosk or kiosk operator (including but not limited to the Apple App-Store, Google Play Store or Windows Phone Marketplace) are third party beneficiaries in respect of this clause and accordingly have the right to enforce the provisions of this clause;
      • 7.5.6 We are solely responsible for providing any support and maintenance in respect of the App; and
      • 7.5.7 You will comply with any third party terms and conditions which may be applicable from time to time in relation to Your use of the App.
    • 7.6 Further, where You have obtained the App from the Apple ‘AppStore’, Youacknowledge and agree that:
      • 7.6.1 You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
      • 7.6.2 You are not listed on any US Government list of prohibited or restricted parties;
      • 7.6.3 these Terms are concluded between You and Us and accordingly Apple is not a party to these Terms;
      • 7.6.4 Apple has no obligation to provide any maintenance and support services in respect of the App;
      • 7.6.5 if the App fails to conform to any warranty herein, You may notify Apple following which Apple will refund You the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
      • 7.6.6 Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the App;
      • 7.6.7 Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
      • 7.6.8 ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
  9. Term and Termination
    • 8.1 These Terms will remain in full force and effect while Youuse the App, including during the free trial period and each Subscription Period.
    • 8.2 You may terminate your subscription at any time during the free trial period. Thereafter you may terminate your use of the App for any reason by:
      • 8.2.1 sending Us an email notice of termination to the email address detailed in these Terms; or
      • 8.2.2 clicking on “Cancel my Account” in the settings section of the App;
    • such notice to take effect at the end of the then current Subscription Period.
    • 8.3 If You are terminating your Account for a reason set out at clause 8.3.1to 8.3.5below then termination will be immediate and We will refund You pro rata for any monthly fees outstanding. The reasons are:
      • 8.3.1 We have told You about an upcoming change to the App or these Terms which You do not agree to and You have given notice within seven (7) days that You want to terminate;
      • 8.3.2 We have told You about an error in the price or description of the App You have purchased and do not wish to proceed;
      • 8.3.3 There is a risk that supply of the App may be significantly delayed because of events outside Our control;
      • 8.3.4 There is a risk that supply of the App for technical reasons, or notify You if We are going to suspend the App for technical reasons;
      • 8.3.5 You have the legal right to terminate because of something We have done wrong.
    • 8.4 You have the right to change your mind and cease all use of the App within fourteen (14) days after the date of downloading the App.
    • 8.5 Upon giving You notice by email, We may at any time and without cause, terminate these Terms with You, deny You access to the App and delete any profile You may have created and any other Patient Data You have submitted by Your Use of the Appon provision of reasonable notice. If so We will refund pro rata any monthly feesYou have already paid to Us.
    • 8.6 We may terminate these Terms with You, deny You access to the Appand delete Your Account, including without limitation any profile You may have created and any other Patient Data You have submitted by Your Use of the App, with immediate effect and without any refund of any fees You may have paid to Us, if:
      • 8.6.1 You breach these Terms;
      • 8.6.2 in Our reasonable opinion, any Patient Dataposted by You is illegal or otherwise damaging or potentially damaging to Our business;
      • 8.6.3 We receive any complaint from relating to Your use of the App and for the avoidance of doubt, any prior investigation by Us into the validity of the complaints shall be conducted at our sole discretion but We have no obligation to conduct such investigations, nor provide You with the results of the investigation.
    • 8.7 If any of the events set out in clause 8.7 above occurs in relation to You then You will not be entitled to any refund of monies paid and You shall not attempt to use the App further.
    • 8.8 In the event of termination of these Termsfor any reason:
      • 8.8.1 We will cease providing the App to You, including denying You access to the App;
      • 8.8.2 save as otherwise stated in our Privacy Policy, we will permanently delete all Your Data; and
      • 8.8.3 You must not attempt to Use the App.
    • 8.9 Clauses3.3, 3.4and 4to 15inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against You and Us.
  10. Intellectual Property
    • 9.1 Other than any of Your Data, We own or have a licence to use all right, title and interest in and tothe App, including without limitation all copyright, patents, trade marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source code and object code) and all other proprietary rights (whether registered or not (“Intellectual Property Rights”). These Terms shall not be construed to convey title to or ownership of the Appor the content contained therein toYou. All rights in and to theAppor content not expressly granted to You are reserved by Us.
    • 9.2 Subject to these Terms, We hereby grant to You a non-exclusive, non-transferable, terminable licence to download, install and Use the App on Your device. This licence is in respect of Your use of the Appfor Your own individual, professional purposes only.
    • 9.3 Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or Your right to Use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
    • 9.4 All rights, title and interest in any Patient Data shall remain exclusively with You and the relevantpatient. You hereby grant to Us a non-exclusive, worldwide licence to use the Patient Data to perform our obligations hereunder. You shall not create or use anyPatient Dataunless you have obtained the patient’s prior express consent for such creation and/or use via the App.
  11. Warranties
    • 10.1 To the maximum extent permitted by applicable law, You acknowledge and agree that the Appis used by You at your sole risk and is provided ‘as is’ without warranty of any kind, either express or implied, including but not limited to any (if any) implied warranties of merchantable quality, conditions of fitness for a particular purpose and any warranties arising by statute or otherwise in law, all of which are hereby excluded and disclaimed to the fullest extent permissible under applicable law.
    • 10.2 Any content, information or material comprising part of the Appdoes not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
    • 10.3 We do not guarantee, warrant or make any representation that the functions contained in the App will meet your requirements, or that the operation of the App will be uninterrupted or error-free, or that defects in the Appwill be corrected.
  12. Compliance
    • 11.1 The App complies with all applicable laws including but not limited to the General Medical Council rules. Notwithstanding this We do not guarantee that use of the App will make You compliant with the General Medical Council rules.
    • 11.2 You shall procure that your use of the App is compliant with all relevant statutory provisions and applicable rules, including but not limited to the General Medical Council Rules e-commerce, data protection, fraud and anti-money laundering regulations.
  13. Liability
    • 12.1 Subject to clauses 12.2and 12.3, Our maximum aggregate liability under, arising from or in connection with these Terms and your use of the App, whether arising in contract, tort (including negligence) or otherwise shall not exceed any monies You have paid to Us to access the App in the 12 months preceding your claim (if applicable) or £100, whichever is greater.
    • 12.2 We shall not be responsible for any:
      • 12.2.1 losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by You and could not have been reasonably foreseeable by You or Us on entering these Terms; or
      • 12.2.2 loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings; or
      • 12.2.3 loss or corruption of data including Your Data.
    • 12.3 We accept and do not limit Our liability to You for the following categories:
      • 12.3.1 death or personal injury;
      • 12.3.2 negligent misrepresentation, fraud or fraudulent misrepresentation;
      • 12.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
  14. Data Protection and Privacy Policy
    • 13.1 We collect and process Your personal data (as such term is defined in the Data Protection Laws) in the course of providing the App. We are a data controller (as the term is defined in the Data Protection Laws) of Your personal data. Where data is processed by Us as a data controller, such processing is carried out in accordance with our Privacy Notice .
    • 13.2 Where You create, upload or input Patient Data to process on your behalf, both parties agree that We will be the data processor of such Patient Data. We will process such data in accordance with the Patient Privacy Notice , which sets out details of how the Patient Data is processed via the App. You are responsible for ensuring that you have complied with the Data Protection Laws in respect of your use of the Patient Data and in particular, where you use Patient Data in any manner other than as set out in the Patient Privacy Notice, you must ensure that you have provided the Patient with a suitable privacy notice in respect of such additional use.
    • 13.3 We will process Patient Data only to provide you with the App, and We shall:
      • 13.3.1 act strictly in accordance with Your lawful and reasonable instructions (which may be received via your use of the App) unless applicable law requires otherwise, in which case We shall inform you of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). We shall inform you if we become aware of an instruction by you that, in Our opinion, infringes the Data Protection Laws.
      • 13.3.2 ensure that its personnel that are authorised to process the personal data in connection with the provision of the Services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
      • 13.3.3 implement appropriate technical and organisational security measures to protect the personal data in accordance with Data Protection Laws;
      • 13.3.4 enable You to access, rectify, erase, restrict and transmit the personal data processed by Us;
      • 13.3.5 if a data subject requests information from Us concerning the processing of personal data by you, promptly forward the request to You;
      • 13.3.6 provide reasonable assistance to enable you to comply with your obligations under Data Protection Law, including using appropriate technical and organisational measures to assist you in responding to data subject access requests;
      • 13.3.7 make available to you all information necessary to demonstrate compliance with the obligations set out in this clause13.3, and allow for and contribute to audits, including inspections, conducted by or on behalf of you or ensure that Us and/or any sub-processor will conduct audits using external auditors at least once per year.
    • 13.4 We shall provide storage service in respect of the personal information held within our database on your behalf. This storage service shall continue for seven yearsafter the date of termination of the Services. Thereafter We may terminate the storage service at any time without notice or you may terminate the storage service by notifying Us in writing. You may delete or request in writing the deletion or return of all personal data on termination of the Services or at any time following termination of the Services until the termination of the storage services. Where you have not deleted the personal data prior to the termination of the Services, We will delete all personal data on termination of the storage services unless otherwise required by applicable law.
    • 13.5 You acknowledge and accept that the Patient (or any data subject to which the personal data relates) shall also have the right to withdraw their consent to the use of their personal data or information at any time and may request that We permanently delete all information and data held about that Patient from Our systems. In the event that a Patient (or any data subject to which the personal data relates) exercises its rights in this clause 13.5, We shall notify you and you shall promptly and permanently delete all information and data held about that data subject from Our systems. In the event that you have not done so within a reasonable time, and have not notified Us of your requirement for Us to retain the personal data, We reserve the right to remove such personal data and shall not be liable in any way for any loss or damage suffered you arising from such Patient (or any data subject to which the personal data relates) exercising their rights.
    • 13.6 You hereby give Us a general consent to engage sub-processors to process your personal data. We shall make details of its sub-processors available to you on the Website. Where Weintends to add a new sub-processor it shall make details of such new sub-processor available on the Website at least 30 days (“Sub-processor Notice Period”) before transferring any personal data to a new sub-processor. You shall notify Us during the Sub-processor Notice Period if you object to the new sub-processor. If you do not object to the sub-processor during the Sub-processor Notice Period, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within the Sub-Processor Notice Period time, you shall have the right to terminate the Contract (including the Services). During the Sub-Processor Notice Period, We shall not transfer any personal data to the sub-processor.
    • 13.7 We shall enter into appropriate written agreements with all of Our sub-processors on terms that include all the required obligations on data processors, as set out in the GDPR, including without limitation your right to conduct audits at the sub-processor, or ensure that the sub-processor will conduct audits using external auditors at least once per year. We shall remain fully liable to you for the performance or non-performance of the sub-processor’s obligations.
    • 13.8 You hereby indemnify Us in full and on demand against all losses, liabilities, damages, costs, claims and expenses (including but not limited to legal costs) arising from or incurred by Us as a result of Your failure to comply with this clause 13.
  15. Complaints
    • 14.1 If You have any reason to believe that any of the terms herein have been breached or you have a complaint to make You can write to us at Sirik Ltd, C/o Mr R Bhardwaj, 2 St Mary’s Road, Tonbridge, Kent, TN9 2LB or email us at [INSERT EMAIL ADDRESS ]. All notification and communication to Us should be sent to the contact details provided herein.
  16. General
    • 15.1 You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the App.
    • 15.2 We may update or revise these Terms from time to time by amending the Terms page in our App. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on You. Your continued use of the Appshall be deemed your acceptance of such change(s) in respect of the updated or revised Terms.If, on receipt of such notice, You wish to terminate your agreement with Us you may do so by giving Us not less than seven (7) day's notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
    • 15.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the courts of England. If you live outside the UK, English law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If English law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
    • 15.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the App in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
    • 15.5 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
    • 15.6 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
    • 15.7 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
    • 15.8 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.
    • 15.9 We may transfer our rights and obligations under these Terms to another organisation. We will contact You and let You know if we plan to do this. If on receipt of such notice You wish to terminate your agreement with Us You may do so by giving Us not less than seven (7) days notice, such termination to take effect on the date upon which the transfer commences.
    • 15.10 You may only transfer Your rights or obligations under these Terms to another person if We agree to this in writing.