This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website and/or the terms and conditions on which you may make use of our website www.swabooh.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 We operate the website www.swabooh.com. We are Swabooh.com Limited, a company registered in England and Wales under company number 06528479 and with our registered office at 145-157 St. John Street, London, EC1V 4PW, England.
1.2 Please note that Swabooh.com is, amongst others, a website portal providing a platform for its members to swap goods (including, but not limited to, CD’s, DVD’s, clothes and clothing accessories etc) (“swaps”). We have no control over the type of goods provided or over any other matter relating to the swaps.
1.3 As a security for the swaps, we will hold or will ask a third party to hold a security deposit. Such a security deposit will be locked and will be inaccessible to individual member’s from the time the swaps are agreed to the time of confirmation that the swaps are completed.
1.4 At the time the security deposit is paid, the user agrees to pay a handling fee payable to us. This will be clearly indicated before the time of payment. However, once the security deposit and the fee is paid, the fee is non-refundable. For details of our fee structure please visit [ENTER LINK TO WEBSITE FEE STRUCTURE].
1.5 We are regulated by [NAME OF RELEVANT REGULATOR IF ANY].
1.6 Notwithstanding clause 1.2 above, Swabooh.com also offers Products for sale to the general public and is regulated by the relevant distance selling regulations insofar as they relate to products sold directly by Swabooh.com Limited. You agree and accept that you will not hold Swabooh.com Limited or Swabooh.com liable under these regulations or any other regulations when any Product is sold by anyone other than Swabooh.com Limited by utilising our site. Specific terms and conditions relating to transactions involving sale of Products is given in clauses 12 through 19.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom of Great Britain and Northern Ireland (Serviced Countries). We do not accept orders from individuals outside those countries. Some restrictions may be placed on the extent to which we accept orders from specific countries.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) your Swabooh.com membership hasn’t been suspended;
(d) you are resident in one of the Serviced Countries; and
(e) you are accessing our site from that country.
4. OUR STATUS
4.1 Please note that we accept orders as agents on behalf of third parties who may be members just like you. The resulting legal contract is between you and that third party.
4.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5. USE OF WEBSITE
5.1 While using our site, you will not:
i. post, list or upload content or items in an inappropriate category or areas on our sites;
ii. breach any laws, swap any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
iii. breach our policies;
iv. fail to deliver items swapped by you, unless one of the member’s wanting to swap an item with you has materially changed the item's description after you have agreed, a clear typographical error is made, or you cannot authenticate the other member’s identity;
v. fail to deliver items from you, unless the other member fails to meet the posted terms, or you cannot authenticate the other member’ identity. All members are advised to retain proof of delivery;
vi. manipulate the any item or interfere with other user's swap listing or record;
vii. circumvent or manipulate our fee structure, the billing process, or fees owed to Swabooh.com;
viii. post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
ix. transfer your Swabooh.com account and user ID to another party without our consent;
x. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
xi. distribute viruses or any other technologies that may harm Swabooh.com, or the interests or property of Swabooh.com users;
xii. copy, modify, or distribute rights or content from our sites, services or tools or Swabooh.com’s copyrights and trademarks; or
xiii. harvest or otherwise collect information about users, including email addresses, without their consent.
6. ACCESSING OUR SITE
6.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
6.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
6.3 We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Swabooh.com’s sites. You agree not to hold us responsible for any loss you may incur as a result of our taking this action.
6.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
6.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
7. SWAP PROTECTION
7.1 Users share the responsibility for making sure swaps facilitated by us are exciting, rewarding and hassle-free. We strongly encourage users to work with other users before opening a case relating to a swap.
7.2 In the event that a swap dispute cannot be resolved between user’s, the aggrieved user can contact us by sending an email to [EMAIL ADDRESS] providing details of the swap and the details of the other user. We will then contact the other user and try to mediate resolution between the two users. Although we will endeavour to resolve the dispute in such a way which is just and acceptable to both parties, we cannot guarantee that this will always be possible. If we cannot get the user’s to agree on a resolving a dispute, we shall, in our sole discretion, make the final decision. By agreeing to these terms and conditions, you give us full power and authority to decide, in any way we see fit, on how to resolve a dispute.
7.3 User’s must have a security deposit on file with Swabooh.com or PayPal or a third party partner. Users may ask for this to be reimbursed at any time unless there is an ongoing swap.
7.4 If we resolve a dispute in a certain user’s favour (“first user”), we may:
(a) remove funds from the other user’s (“second user”) PayPal account to reimburse the first user for the full cost of the item and the original postage cost; or,
(b) where there are insufficient funds in the second user’s PayPal account or where PayPal is not the reimbursement method of the second user, we will require another payment method. In these cases, we will directly refund the first user for the cost of the item and the original postage cost, and, charge the second user’s designated payment method. In the event that we cannot charge the second user’s designated payment method, we will not be liable to reimburse the first user.
7.5 For this purpose you, in the capacity of second user;
7.6 authorise and instruct us and PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal Account to carry out a first user reimbursement;
7.7 authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the second user) in your PayPal account at any point during the swap process or the resolution process (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies.); and
7.8 authorise and instruct us to charge the payment method you select to recover the amount we pay to the first user (in cases where we refund the first user directly).
7.9 You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as and when required by us.
7.10 For future claims, where we resolve a dispute in the first user’s favour, we will notify the second user and continue to charge the second user’s preferred method of reimbursement. Changing a reimbursement method will not affect our use of a payment method on file for other purposes (such as payment of our fees). If second users do not provide us with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict second users from trading on our sites until payment is made.
7.11 Without limiting the foregoing, the second user may not have to pay reimbursement for our claim if they provide the documentation (for example, postage/delivery confirmation or other proof that the item was posted and as described).
8. CORRECTING MISTAKES IN PAYMENTS TO USER’S
8.1 We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement.
9. OTHER USERS
9.1 Our sites and services enable users to share personal and financial information in order to complete swaps. When users are involved in a swap, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy policy of your swap partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
9.2 You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
(a) Swabooh.com swap-related purposes that are not unsolicited commercial communications
(b) using services offered through Swabooh.com; and
(c) other purposes a user expressly agrees to.
10. CONTENT
10.1 When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. When you give us content, you expressly warrant that you are entitled to use the content without any encumbrances. You warrant that any third party content made available to us by you does not infringe any third party right’s, including (but not limited to) intellectual property rights.
10.2 For the convenience of users, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including our users) you may use catalogue content solely in connection with your Swabooh.com listings during the time your listings are on Swabooh.com’s sites.
10.3 While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all other policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
10.4 By listing an item on our site, you agree to pay any fees associated with such an action, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
(a) When you list an item on our site, your listing will be posted on our site and can be viewed by logging into your account;
(b) Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so we can’t guarantee exact listing durations.
(c) Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, and user ratings.
11. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
12. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US (NON-SWAP TRANSACTIONS)
12.1 After placing an order for Products available for sale, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
12.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
13. CONSUMER RIGHTS
13.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 17 below).
13.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
13.3 You will not have any right to cancel a Contract for the supply of any of the Products which are clearly marked with such information. Any Product without any information regarding cancellation rights, can only be cancelled at swabooh.com’s discretion.
13.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
14. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
15. RISK AND TITLE
15.1 The Products will be at your risk from the time of delivery.
15.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
16. PRICE AND PAYMENT
16.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
16.2 Product prices exclude VAT unless clearly marked as inclusive of VAT.
16.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
16.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
16.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
16.6 Payment for all Products must be by credit or debit card. We accept payment made via Paypal or any major credit and debit cards. We will not charge your credit or debit card until we dispatch your order.
17. OUR REFUNDS POLICY
17.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 13.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with clause 33 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
17.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
18. WARRANTY
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
19. IMPORT DUTY
19.1 Subject to any amendment to clause 2, if you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
19.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
20. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy (www.swabooh.com/privacypolicy). By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
21. UPLOADING MATERIAL TO OUR SITE
21.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, it will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
21.2 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
21.3 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our policies from time to time.
22. VIRUSES, HACKING AND OTHER OFFENCES
22.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
22.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
22.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
23. LINKING TO OUR SITE
23.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
23.2 You must not establish a link from any website that is not owned by you.
23.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the acceptable standards set by us from time to time.
If you wish to make any use of material on our site other than that set out above, please address your request to [E-MAIL ADDRESS].
24. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
25. OUR LIABILITY
25.1 The material displayed on our site is provided without any guarantees, onditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
i. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
ii. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
iii. loss of income or revenue;
iv. loss of business;
v. loss of profits or contracts;
vi. loss of anticipated savings;
vii. loss of data;
viii. loss of goodwill;
ix. wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
25.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
25.3 If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
26. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
27. NOTICES
All notices given by you to us must be given to Swabooh.com at our address given above. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 26 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
28. TRANSFER OF RIGHTS AND OBLIGATIONS
28.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
28.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
28.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
29. EVENTS OUTSIDE OUR CONTROL
29.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
29.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
29.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
30. WAIVER
30.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
30.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
30.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 27 above.
31. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
32. ENTIRE AGREEMENT
32.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
32.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
32.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
32.4 Nothing in this clause limits or excludes any liability for fraud.
33. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
33.1 We have the right to revise and amend these terms and conditions from time to time.
33.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
34. JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.