Pockex App T&C
1 WHAT’S IN THESE TERMS?
1.1 The terms of service set out below (“Terms”) form a legally binding contract (“Agreement”) between you (referred to herein as "you" or "your") and us.
1.2 This Agreement governs your access and/or use of (a) the Pockex website ("Website"), (b) the Pockex mobile app (“App”), and (c) the services provided by Churchill Sloan Limited(“”, “we”, “us” or “our”) via the App (“Services”).
2 WHO WE ARE AND HOW TO CONTACT US
2.1. The Website and the Services are operated and provided by Pockex which is owned by Applikation LTD and licensed to Churchill Sloan Limited. To contact us, please email our customer service team at [email protected]
2.2 Applikation LTD are registered in the Isle of Man – company Number 132641C. Registration Address 2nd Floor, 14 Athol Street, Douglas Isle of Man, IM1 1JA. To contact, please email customer service team at [email protected]
2.4 Churchill Sloan Limited is registered in England and Wales at the registered address: Railex Centre, Crossens Way, Marine Drive, Southport, Merseyside, PR9 9LY with company Number: 097926781. Their VAT Number: 225294315
Churchill Sloan Limited is Authorised and regulated by the Financial Conduct Authority in respect of regulated claims management activities. FRN:838137 https://register.fca.org.uk/s/firm?id=0010X00004QPlb9QAD
3 WHAT IS Pockex?
3.1 We have a network of Third Parties that we can introduce you to and they may be able to assist you with the following:
Financial Claims: Including PPI litigation, PayDay Loan and Financial Services Compensation Service Claims.
Insurance Products: Including Life Insurance and Critical Illness Cover.
Tax Adjustments: Including PPI Tax and Marriage Tax Allowance.
3.2 Churchill Sloan Limited receive payment from Third Parties they introduce clients to.
We can introduce clients using various methods including via our marketing campaigns and the Pockex APP. More details about Pockex can be found here www.pockex.co.uk
3.3 The Pockex App also allows users to track and manage their own dates and documents by providing them with tools such as a document upload to store documents and a calendar function where users can receive reminders on important dates
3.4 The app also uses a third party called DVLA Search to retrieve information relating to your car, such as MOT history and tax dates
4 YOUR ACCEPTANCE OF OUR TERMS
4.1 By accessing, browsing, and/or creating an account (whether it is you or on your behalf) and/or reviewing information on the App and/or the Services and/or otherwise using (referred to herein as "use" or “using”) the Website, our App placing, you hereby confirm that you have read, understood, accept our Terms and that you agree to comply with them. If you do not agree with our Terms, you must not in any circumstances use the Website, our App and/or the Services.
5 INFORMATION ONLY
5.1 Whilst we may provide information on our App, this information is solely informational and is not an inducement. The information is not intended to address your needs and/or requirements. The information is not intended to be relied upon by you in making (or refraining from making) any decisions.
5.2 If you are unsure or unclear about anything on the App, then please do not use the App at all and/or before using the App, you should seek independent advice in relation to the App as you may require.
5.3 You hereby warrant, represent and undertake that you shall only use our App and/or take any actions relating to our App using your own skill, judgment and experience and that we do not provide any warranties, representations, undertakings and/or any other assurances (of whatever nature and howsoever arising) regarding any actions and/or inaction that you may take in relation to or in connection with any matters or issues relating to our App.
5.4 We and/or the App are not and/or do not act as Financial Advisers and information on the App does not constitute (a) professional advice and/or service, and/or inducement, and/or (b) recommendations, warranties, representations, undertakings and/or assurances. The Information on the App may not be used for and/or relied upon for the purposes set out in this paragraph.
5.5 No professional, advisory, fiduciary and/or other relationship is created by (a) accessing and/or or using the Website, the App and/or Services, and/or (b) communicating by way of email (or otherwise) and/or through the App.
5.6 All enquiries regarding products and/or services must be made to the relevant Third party on the App and we cannot and may not be able to answer any queries, questions and/or enquiries regarding the products and/or services advertised on the App, or any ongoing claims or products.
5.7 Important Information: You do not need to use the services of a Claims Management Company like Churchill Sloan Limited.
Claims - You can contact the relevant Third Party against whom you wish to make a claim directly for free and if they are no longer trading you can contact the Financial Services Compensation Scheme (FSCS) free of charge providing it falls within their remit. The Financial Ombudsman Scheme (FOS) can be contacted free of charge if you have approached your Lender first and you wish for them to review your case.
Tax Rebates - You can contact HM Revenue & Customs directly yourself for free.
You can seek further advice from other legal firms or consumer organisations if you wish to. However, you have the right to representation and our selected partners can offer this.
6 DISPUTES and Complaints
6.1 Customer Satisfaction - At Churchill Sloan Limited we continually strive to improve the level of service that we provide to our clients. As such, you may receive an invitation to participate in a customer satisfaction survey via Feefo, Survey Monkey email or Facebook.
Dissatisfaction – If at any time you are dissatisfied with the service, please contact our office by telephone on 0800 470 1433 or email us at [email protected] or in writing to our office address for the attention of the Complaints Department: Churchill Sloan Limited, Unit D Ribban Court, 20 Dallam Lane, Warrington, WA2 7NG. Our Complaints Procedure is available on our website www.churchillsloan.co.uk.
6.2 If a dispute and/or complaint is raised to Churchill Sloan Limited which after investigation is deemed to be about a third party of the app, then the complaint will be referred to the third party who will be then responsible for resolving the dispute and/or complaint. In all cases and circumstances every user by using the App hereby agrees not to take any action and/or make a claim (of whatever nature and howsoever arising) against Us where the action and/or claim is caused and/or related to any act and/or omission of any third party.
If Churchill Sloan or Applikation LTD receives a complaint, that is the responsibility of a 3rd party supplier, we will pass that complaint to them for investigation.
If we are unable to resolve your complaint or you remain dissatisfied, you can have the complaint independently looked at by the Claims Management Ombudsman (CMO) at: Exchange Tower, Harbour Exchange, London E14 9SR Website: https://cmc.financial-ombudsman.org.uk/ Tel: 0800 0234567 You have 6 months to approach the Claims Management Ombudsman from the date of our Final Response, or if your complaint is not resolved after 8 weeks.
7 ADDITIONAL APP TERMS
7.1 To use the App, you must download it via an app store. A link is also provided on the Website which will take users to an app store.
7.2 When you use our App, additional terms apply to you based on the mobile device the App is installed on. These are as follows:
7.3 iOS – Apple and Android on Google Play
7.3.1 These Terms are an agreement between you and us, and not with Apple or Google. Apple and Google is not responsible for the App and the content thereof.
7.3.2 We hereby grant you the right to use the App only on an iOS or Android product that you own or control and as permitted by the Usage Rules set out in the App Store Terms of Service.
7.3.3 Apple and Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
7.3.4 Apple and Google is not responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim.
7.3.5 Apple and Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and/or (c) claims arising under consumer protection or similar legislation.
7.3.6 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Google, and Apple and Google will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
7.4 Use of the App will diminish the battery life of a Seller’s and/or Buyer’s mobile device(s), at a rate faster than had the Buyer and/or Seller not used their mobile device(s) to use the App.
8 WE MAY MAKE CHANGES TO OUR TERMS, THE WEBSITE AND/OR THE APP
8.1 We may revise our Terms from time to time and will post the most current version on our Website and/or the App as soon as possible after the revised Terms become effective.
8.2 Every time you wish to use the Website, App and/or Services, please check this page again to ensure you understand the Terms that apply at that time.
8.3 By continuing to use the Website, App and/or Services after the revisions come into effect, you agree to be bound by the revised Terms. We may also update and change the Website, App and/or Services from time to time. We will try to give you reasonable notice of any major changes but we are not obliged to do so.
9 YOUR APP ACCOUNT
9.1 The App is not intended for and may not be used by people under the age of 18. By using the App accepting these Terms, you warrant, represent and undertake that you are 18 years old or above.
9.2 It is the responsibility of the user to (a) protect against unauthorised use of their App account, (b) ensure that no-one else use their App account while they and/or their devices are logged on to the App (including by logging on to their mobile devices through a mobile, Wi-Fi or shared access connection they are using), (c) log off or exit from their App account when not using it, (d) keep their password or other access information secret. Their password and log in details are personal to them and should not be given to anyone else and/or used to provide shared access other than them e.g. over a network. Users must use a password which is unique to their App account, and (e) maintain good internet security. If their email accounts are compromised, this could allow access to their App account. You must tell us as soon as possible after you become suspicious or aware of this by emailing us at [email protected]
9.3 We shall not be responsible or liable for any consequences arising out of or relating to any breaches of a user’s computer systems. Furthermore, we shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using or in connection with the Website, App and/or Services. In particular, we will not be responsible or liable for any phishing emails, hacking events and/or spoof emails and/or other communications that you may receive and/or act upon where these emails and/or communications purport to be from us but are not genuinely from us and/or have been generated or created by third parties in order to induce you to undertake certain actions and/or inactions (including but not limited to where the purpose of such emails and/or communications being sent to you is some kind of fraudulent activity).
10 OTHER EXCLUSIONS
10.1 We are not responsible and/or liable for (a) failure, breakdown, difficulty or interruption in functioning, preventing access to the Website, App and/or Services. The Website, App and/or Services are provided with no representation, guarantee and/or agreement of any kind as to their ability to function, (b) the equipment for connecting to the Website, App and/or Services by a Buyer and/or Seller, is under their entire responsibility. The user must take all appropriate measures to protect their equipment and their own data, particularly from virus attacks via the internet. Users are also solely responsible for the sites and data that they consult, (c) legal action against a Users, due to the use of the Website, App, Services and/or any service accessible over the internet and/or due to non-compliance by them with the Terms, (d) any damage caused to a User and/or to third parties and/or to their respective equipment due to their connection to and/or use of the Website, App and/or Services, howsoever arising, and the User hereby waive any action against Applikation LTD in this regard, (e) circumstances in which any failure in providing the Website, App and/or Services in part or in full, occurs. These circumstances can include, but are not limited to (i) unforeseen and unavoidable circumstances that are beyond our control, (ii) loss of mobile network, and/or (iii) when a User are not in an area of mobile coverage, (f) any virus and/or any other harmful malware being transmitted onto all and/or any of the mobile device(s) of User. It is the a User responsibility to ensure that any and/or all of their respective mobile device(s) are protected from viruses and/or any other harmful malware, and (g) (i) service impairments caused by acts within the control of a User, (ii) interoperability of specific user applications or equipment, (iii) the inability of a User to access and/or interact with any other service provider through the internet, other networks and/or users that compromise the internet and/or the informational or computing resources available through the internet, (iv) interaction with other service providers, networks, users or informational or computing resources through the internet, (v) services provided by other service providers; and/or (vi) performance impairments caused elsewhere on the internet.
11 USE RESTRICTIONS
11.1 Subject to the compliance of the User with these Terms and all applicable local, national and/or international laws and regulations (“Laws”), we hereby grant Sellers and/or Buyers a limited, non-exclusive, non-sub-licensable, revocable, non-transferable right to use the Website, App and/or Services.
11.2 Users shall not at any time (a) use (or try to use) the Website, App and/or Services in violation of these Terms and applicable Laws, (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit and/or make the Website, App and/or Services available to any third party, (c) modify, adapt, hack the Website, App and/or Services and/or gain (or, in each case, try to gain) unauthorised access to the Website, App and/or Services and/or related systems or networks, (d) falsely imply any sponsorship and/or association with us, (e) use the Website, App and/or Services in any illegal way or for any illegal purpose, such as violation of any person’s rights including privacy rights, (f) use the Website, App and/or Services to send unsolicited communications junk mail, spam, and/or other forms of duplicative and/or unsolicited messages, (g) use the Website, App and/or Services to store and/or transmit any content that infringes any person’s rights including but not limited to IP rights, (h) use the Website, App and/or Services in any way that could damage, disable, overburden, impair and/or compromise the Website, App and/or Services and/or or security and/or interfere with other users and/or disrupt the integrity and/or performance of the Website, App and/or Services and/or cause or give rise to any liability for us, (i) use (or, in each case, try to do so) any other users’ accounts, (j) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, copy and/or otherwise access and/or discover the source code and/or underlying program of the Website, App and/or Services, (k) use the Website, App and/or Services to post, transmit, upload, link to, send and/or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”), (l) use the Website, App and/or Services for the purposes of cookie tracking, ad exchanges, ad networks, and/or data brokerages in violation of applicable Laws, and/or (m) display, post, frame, and/or scrape the Collective Content for use on another web site, app, blog, product, platform and/or service, except as otherwise expressly permitted by these Terms, (n) frame or scrape or in-line link to the Website, App and/or Services and/or any Collective Content (as defined in section 14 below) and/or make use of web crawler, spidering and/or other automated means to access, copy, index, process and/or store any Collective Content made available on and/or through the Website, App and/or Services other than as expressly authorised by us, (o) circumvent (or try to do so) exclusionary protocols that may be used in connection with the Website, App and/or Services, (p) access parts of the Website, App and/or Services and/or Collective Content to which you are not authorised, and/or (q) use (or try to do so) the Website, App and/or Services in a way that we consider in our absolute and sole discretion improper, unfair and/or unreasonable including (but not limited to) copying (in whole or in part) the Website, App and/or Services (or any part of it), infringing any of our rights, title and/or interest in, in relation to and/or in connection with the Website, App and/or Services (including but not limited to any of our IP Rights or any similar rights and/or any rights that are licensed to us by any parties including but not limited to other Sellers and/or Buyers and/or any other third parties).
11.3 If we inform a User that a specified activity and/or purpose is prohibited with respect to the Website, App and/or Services and/or Collective Content, the relevant User will immediately cease their respective use of the Website, App and/or Services and/or Collective Content for such prohibited activity and/or purpose.
11.4 We reserve the right to audit at any time the use of the Website, App and/or Services by a User in order to verify their compliance with these Terms and/or applicable Laws.
11.5 For the purposes of these Terms, “IP rights” means all and/or any patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered 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 in any part of the world.
14 Features and Content
14.1 Pockex provides the document upload function as a benefit to its account holders to enable the collocation of all useful financial documents. We do not request or require you to upload these documents. Upload is the specific choice of the account holder. Any documents uploaded to Pockex are done so entirely at your own risk. Pockex accept no liability in the event of loss or breach of any documents uploaded. You should note that some documents you may wish to upload may contain sensitive data (health insurance documents etc), which if lost could cause you distress. Pockex suggest that you consider carefully whether you wish to upload documents containing sensitive information before doing so. To minimise the volume of data held on our servers, we will automatically erase documents 2 years following upload. We will send you a reminder 7 days prior to erasure to enable you to download a copy for your records if you require. We reserve the right to review any documents you upload, and report and/or delete them without warning or notification if we deem them to be inappropriate. By clicking the agree and upload button in the app you acknowledge that you have read, understand and consent to the terms and conditions for uploading documents into the Pockex application.
14.2 Pockex provides the Calendar function to its users so they can get handy reminders of important financial dates. Input of these dates is specific choice of the user. Any information uploaded as part of a calendar event to Pockex are done so entirely at your own risk. Pockex accept no liability in the event of loss or breach of any dates or information uploaded. You should note that information you may wish to upload may contain sensitive data, which if lost could cause you distress. Pockex suggest that you consider carefully what information you wish to enter containing sensitive information before doing so. Pockex will automatically erase calendar events 2 years following upload. By completing a calendar upload you acknowledge that you have read, understand and consent to the terms and conditions for entering data into the Pockex application.
14.3 Users will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast and/or otherwise exploit the Website, App and/or Services and/or Collective Content, except to the extent you are the legal owner of certain Seller Content and/or as expressly permitted in these Terms. No licences, rights, title and/or interest are granted by Applikation LTD to users by implication and/or otherwise under any IP rights owned and/or controlled by Churchill Sloan Limited and/or its licensors, except for the licences and rights expressly granted in these Terms.
14.5 You must not make available on or through the App any Content (including, but not limited to, photos and/or images in listings or otherwise) that (a) you are not the exclusive owner(s) thereof and/or (b) you do not have all rights (including IP rights), licenses, consents and releases that are necessary to grant to us the rights in and to such Content, as contemplated under these Terms.
14.7 You must not post, transmit, upload, link to, send and/or store any content (including, but not limited to, photos and/or images in listings or otherwise) that (a) infringes third party rights (including IP rights) , and/or (b) is fraudulent, false, misleading (directly or by omission or failure to update information), deceptive, unlawful, hateful, abusive, obscene, harmful, threatening, defamatory, obscene, infringing, harassing, offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, breaches these Terms and/or our then current policies or standards, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or age and/or in a way that is otherwise illegal and/or causes damage or injury to any person and/or property, and/or objectionable to us, third parties, and/or property.
14.8 We may at any time, without prior notice, remove and/or disable access to any Content that we find to be in breach of any of these Terms, or otherwise may be harmful.
14.9 We may perform analytics for research, statistical and/or other purposes on Content made available on or through the App.
15 COPYRIGHT INFRINGEMENT
15.1 If Users believe in good faith that any content on the Website, App and/or Services infringe copyright you own, please send a notice of copyright infringement containing the following information to [email protected] (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed, (b) identification of works or materials being infringed, (c) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence, (d) contact information about the notifier including address, telephone number and email address, and (e) a statement that the notifier has a good faith belief that the material is not authorised by the copyright owner, its agent, and/or applicable Laws. We do not take any responsibility for and cannot accept liability for any content from Third Party websites on the App but we will take down any infringing material from the Website, App and/or Services as soon as reasonably practicable following notification to us of such infringing material by any third party and following an investigation by us including verification that the relevant content does infringe third party rights, that the third party complainant has legitimate ownership rights to the relevant content and/or that the third party complainant has legitimate and verifiable and justifiable claims relating to that content.
For full details on how we process your personal data, please refer to our privacy notice: www.pockex.co.uk/policies/privacy-policy
16.1 “Data” means files, data, personal Data and/or special category data and any other information assets (a) subjected to and/or made available through the Website, App and/or Services, and/or (b) contained in the Website, App, Services and/or otherwise inserted by the Sellers and Buyers (in each case, including their respective officers, directors, employees, contractors and/or agents).
17 TEST SERVICES
17.1 Please note that we occasionally release features and/or services that we would like to test or evaluate on the Website, App and/or Services - they will be marked as ‘beta’, ‘preview‘, ‘early access’, ‘evaluation’ or similar terms (“Test Services”). Sellers and/or Buyers acknowledge and agree that such Test Services (a) may not be as reliable as the Website, App, Services and/or features provided by us and (b) are subject to these Terms.
18.1 We welcome Feedback. “Feedback” means any and/or all information relating to use, testing and/or evaluation of the Services and any products, services and/or materials and includes any and/or all feedback, suggestions, and/or ideas Users provide to us concerning modifications, additions, changes, features, functionalities, ideas, improvements, enhancements and/or derivations to the Website, App, and/or the Services. Users hereby grant us a worldwide, non-exclusive, sub-licensable, perpetual, irrevocable, royalty-free and fully paid up licence to make, use, publish, copy, modify, sell, distribute, sub-license, and create derivative works of the Feedback any purpose including for use as part of the Website, App, Services and/or Test Services without any compensation to them and their feedback shall not be deemed their confidential information.
18.2 The Users shall, at their own cost, promptly perform and/or procure the performance of all further acts and things, execute, deliver and/or procure the execution and/or delivery of all further documents required by applicable Laws and/or which we request, to vest in the full benefit of the feedback licence above granted to us under this section 18. The Users hereby irrevocably appoint us to be their attorney in their name and on their behalf to execute documents, use the name of the Users and do all things which are necessary and/or desirable for us to obtain for ourselves or our nominees the full benefit of the feedback licence above.
19 IP RIGHTS
19.1 All title, interest and rights in the Website, App, Services, Applikation Content, our Trademarks (and in each case associated IP rights) (“Applikation Assets”) are owned by us, our licensors and/or authorising third-parties. The Applikation Assets are protected by IP rights in accordance with applicable Laws. These Terms do not grant you any right, title and/or interest in any and/or all of the Applikation Assets including IP rights and/or licences. Sellers and/or Buyers will not remove, alter and/or obscure any copyright, Trademark and/or other proprietary rights notices incorporated in and/or accompanying the Website, App, Services, Applikation Content and/or Collective Content. You retain any right, title and/or interest you may have in the Data and IP rights of the Sellers and/or Buyers.
19.2 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trade Marks”) of Applikation used on and/or in connection with the Website, App, Services and Applikation Content are trademarks or registered trademarks of Applikation. Trademarks of third parties used on and/or in connection with the Website, App, Services, Applikation Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
19.3 All title, interest and rights (including but not limited to all IP rights) at all times in all of the aggregated Seller Content and Collective Content are owned by us and/or our applicable licensors.
20 SUSPENSION & TERMINATION
20.1 Users can terminate their account at any time by writing and giving prior express written notice to us by email to our email address at [email protected] (where such notice is clearly noted as being a termination and is specifically marked and referred to as a Termination Notice), Users hereby agree and acknowledge that termination of their respective account may lead to the loss, deletion and/or destruction of any Data and/or information relating to that account and that we will have no liability (of whatever nature and howsoever arising) in relation to the deletion and/or loss and/or destruction of Data and/or information in and/or relating to that account.
20.2 We may suspend the Users use of the Website, App and/or Services and/or terminate an App account for any reason whatsoever, at any time at our absolute and sole discretion without incurring any liability. For example, this could be because (a) we decide to stop making available the Website, App and/or Services for use in the jurisdiction where Users reside and/or from where they are attempting to use the Website, App and/or Services, (c) we believe that Users acted or are acting in breach of these Terms and/or applicable Laws including (but not limited to) breach of section 11 (Use Restrictions), section 14 (Content) etc., and/or (d) we are required by applicable Laws, court, regulatory and/or governmental authority to suspend the Users use of the Website, App and/or Services We will use reasonable efforts to notify the relevant Users if we suspend their use of the Website, App and/or Services and/or terminate an account.
20.4 Suspension or termination of their respective accounts shall not affect any of our rights, remedies, obligations or liabilities that have accrued up to the date of suspension or termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of suspension, termination and/or expiry.
21 NO WARRANTIES
21.1 We are not responsible and/or liable for any use to which Users put the Website, App and/or Services. The Website, App and/or Services are not produced to their specifications - it is their responsibility to satisfy themselves that it is and will be is appropriate for their purposes. Also, the Website, App and/or Services are provided “as is” and “as available” - we do not warrant, represent, undertake, guarantee and/or provide any assurances that they are and will be available and/or accessible and/or accurate and/or up to date and/or complete at any and/or all times.
21.2 We do not warrant, represent, undertake, guarantee and/or provide any assurances (whether express or implied or otherwise) that (a) the use of the Website, App and/or Services will be uninterrupted, bug-free, fault-free and/or error-free, and (b) any result and/or operation (in each case, expected and/or intended) can be achieved and/or that if any result is achieved then whether or not that result will be useful or of benefit to you.
21.3 All other conditions, warranties, representations, undertakings, guarantees, assurances and/or other terms which might have effect between Applikation LTD and Users, be implied and/or incorporated into these Terms (and/or any collateral contract) whether by statute, common law or otherwise, are excluded, including the implied conditions, warranties and/or other terms as to satisfactory quality, fitness for a particular purpose, the use of reasonable skill and car and non-infringement of third-party rights (including IP rights).
22 OUR LIABILITY
22.1 Nothing in these Terms shall limit or exclude any liability of Applikation LTD for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.
22.2 To the fullest extent permitted by applicable law, Applikation LTD shall not in any circumstances have any liability for any losses and/or damages which may be suffered by (a) Sellers and/or Buyers (in each case, including their officers, directors, employees, contractors and/or agents) and/or (b) the affiliates of Sellers and/or Buyers (in each case, including their officers, directors, employees, contractors and/or agents) which fall within any and/or all of the following categories:
22.2.1 special losses and/or damages even if Applikation LTD was or is aware of the circumstances in which such special damage could arise;
22.2.2 loss of actual profits and/or anticipated profits (whether direct and/or indirect);
22.2.3 loss of actual or anticipated revenue (whether direct and/or indirect);
22.2.4 loss of actual or anticipated savings (whether direct and/or indirect);
22.2.5 loss of goodwill (whether direct and/or indirect);
22.2.6 loss of business opportunity (whether direct and/or indirect);
22.2.7 loss of customers (whether direct and/or indirect);
22.2.8 incidental, consequential, incidental, punitive, exemplary and/or indirect losses and/or damages of any kind howsoever arising and whether or not they are foreseeable, foreseen or known;
22.2.9 loss of reputation; and/or
22.2.10 damage, loss, and/or corruption of data and/or information.
22.3 All references to “Churchill Sloan" and “Applikation” in this section 22 shall include Churchill Sloan and Applikation, its employees, officers, directors, agents, contractors, subcontractors, suppliers of Applikation and/or any other party involved in creating, producing, and/or delivering the Website, App, Services and/or Churchill Sloan and Applikation Content, all of whom shall have the benefit of the exclusions and limitations in this section 22.
23.1 Users hereby agree to release, defend (at our option), indemnify, and hold harmless (a) Churchill Sloan, Applikation and Pockex LTD and its officers, directors, employees, contractors and agents and (b) its affiliates (and their officers, directors, employees, contractors and agents), from and against any and/or claims, liabilities, damages, losses, and/or expenses, including reasonable legal fees, arising out of and/or in any way connected with (i) a breach of these Terms and/or our Policies Users, (ii) improper use of the Website, App and/or Services by Users, (iii) breach of any applicable Laws and/or third party rights (including IP rights) by users. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which Users are required to release, defend (at our option), indemnify, and hold harmless pursuant to this section 23 and Users hereby agree to cooperate with such defence of these claims.
24 OTHER IMPORTANT INFORMATION
24.1 Links to our other websites: The Website, App and/or Services contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to Users to take precautions to ensure that whatever links they select and/or software you download from such websites are free of Malicious Software. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators.
24.3 Sellers and/or Buyers do not have the right to use any of our Trade Marks to link to the Website, App and/or Services without our prior written consent. Sellers and/or Buyers also do not have the right to use, frame and/or utilise framing techniques to enclose any of our Trade Marks, including, for example, those found on the Website, App and/or Services without our prior written consent. Except as noted above, Sellers and/or Buyers are not given any right whatsoever in any of our IP rights and/or any of the IP rights of any third party without our prior written consent or the prior written consent of such other party.
24.4 Waiver, Severability & Assignment: If we fail and/or delay to enforce a provision of the Terms, this failure and/or delay is not a waiver of our right to do so later on. If a provision of the Terms is found to be unenforceable by a court, such provision shall be modified by a court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by applicable Laws. The remaining provisions of the Terms will remain in full force and effect. Sellers and/or Buyers may not assign any of their rights or obligations under these Terms, whether by operation of law or otherwise, and any such attempt will be null and void. We may assign any of rights and obligations under these Terms without the consent of Users. Also, we may assign these Terms in their entirety, without their consent, to our successor in interest in connection with a merger, reorganization, or sale of all or substantially all assets or equity. These Terms shall bind and inure to our benefit, our successors and permitted assigns.
24.5 Entire Agreement & Third Parties: These Terms constitute the entire agreement between (a) Sellers and/or Buyers, and (b) us when it comes to the subject matter of these Terms and supersede and replace any other prior and/or contemporaneous agreements, and/or terms and conditions applicable to the subject matter of these Terms. There are no third-party beneficiaries to these Terms and the provisions of the Isle of Man Contracts (Rights of Third Parties) Act 2001 are hereby excluded. Any words following the terms including, include, in particular, such as, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
24.6 Law: Sellers, buyers and we irrevocably agree that any dispute and/or claim (including non-contractual disputes and/or claims) arising out of or in connection with it and/or its subject matter and/or formation shall be governed by and construed (in each case on an exclusive basis) in accordance with Isle of Man law.
24.7 Jurisdiction: Sellers, buyers and we irrevocably agree that the Isle of Man courts shall have exclusive jurisdiction to settle any dispute and/or claim (including non-contractual disputes and/or claims) arising out of and/or in connection with these Terms, including (but not limited to) their interpretation, construction, subject matter and/or formation without giving effect to any principles of conflicts of law, provided that we reserve our rights to take any action, bring a claim, institute proceedings and/or seek any remedies in any other courts of a competent jurisdiction or territory (including, but not limited to, where a Seller and/or Buyer is based or from any territory in which any breach of these Terms occurs) for any reason whatsoever including (but not limited to) to enforce any and/or all of our rights and/or remedies (including, without limitation, our IP rights and/or remedies), nor shall the taking of action, bringing of a claim, instituting proceedings and/or seeking any remedies in any one or more jurisdictions preclude the taking of action, bringing of a claim, instituting proceedings and/or seeking any remedies in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If there is any part of this document that you do not understand, or you require it to be supplied in a larger print, or if English is not your first language, then please contact us on: 0800 470 1433