Nextbase Emergency SOS Service Terms & Conditions


IMPORTANT:

  • YOU MUST BE 18 YEARS OF AGE OR OVER TO ACCEPT THESE TERMS – IF YOU ARE NOT 18 YEARS OF AGE OR OVER, YOU ARE NOT PERMITTED TO USE THE MYNEXTBASE EMERGENCY SOS SERVICE, NOR ARE YOU PERMITTED TO ACCEPT THESE TERMS ON BEHALF OF ANY BUSINESS THAT YOU REPRESENT.
  • PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN LEGAL OBLIGATIONS AND IMPORTANT TERMS ON WHICH WE INTEND TO RELY - FOR EXAMPLE LIMITATIONS AND EXCLUSIONS ON OUR LIABILITY.
  • BY CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO THESE TERMS AND THEY WILL BE BINDING ON YOU OR, FOR BUSINESSES, ON THE BUSINESS THAT YOU REPRESENT.
  • IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK “ACCEPT” AS BY DOING SO YOU WILL ACCEPT THESE TERMS.
  • IF YOU ARE A CONSUMER PURCHASING A PAID FOR SUBSCRIPTION TO THE MYNEXTBASE EMERGENCY SOS SERVICE, BY CLICKING THE “ACCEPT” BUTTON YOU CONSENT TO US COMMENCING PERFORMANCE OF THE SERVICES IMMEDIATELY EVEN THOUGH ANY LEGAL COOLING OFF PERIOD YOU MAY HAVE AS A CONSUMER HAS NOT EXPIRED. THIS DOES NOT AFFECT ANY LEGAL COOLING OFF RIGHTS YOU MAY HAVE – PLEASE SEE PARAGRAPH 11.4 BELOW FOR DETAILS.
  • PLEASE NOTE - IMPORTANT SERVICE INFORMATION, RESTRICTIONS AND LIMITATIONS:
    • The MyNextbase Emergency SOS service is designed to alert the emergency services in situations where the user has been involved in an accident which renders them incapable of alerting the emergency services themselves. The service will not alert the emergency service of all accidents – for example, low speed accidents will not be notified to the emergency services, nor will accidents after which the alert notification process is cancelled before the emergency services are alerted (for example where the user cancels the alert because they are not incapacitated following the accident).
    • Users must immediately cancel the automatic alert process if they are not incapacitated following an accident or if for any reason the emergency services are not required following the relevant accident. The automatic alert process can be stopped or overridden at any time prior to the emergency services being notified of the relevant accident.
    • The MyNextbase Emergency SOS service is not a guaranteed service and is dependent and reliant on a number of factors including those listed in paragraphs 3.3.7 (e.g. service may be affected or unavailable if Your mobile device and / or dashcam is damaged in an accident) and 6 (e.g. having location services turned on). Where these requirements are not met, the MyNextbase Emergency SOS service will NOT work.
    • The MyNextbase Emergency SOS service does not, in any way, replace manually calling the emergency services in the event of an accident, and You should continue to take general, prudent safety precautions - for example ensuring that when travelling You provide others with details of Your route, destination and estimated time of arrival. Please see the explanation of what “You” and “Your” mean in the “Authority to purchase” bullet point at the end of this “Important” section.
    • The purpose of the MyNextbase Emergency SOS service is to alert the emergency services following an accident. The service does not include the deployment or provision of emergency service vehicles or personnel, nor the provision of medical or emergency services. The MyNextbase Emergency SOS service ends when the emergency services have been alerted about the relevant accident. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SERVICES PROVIDED BY THE EMERGENCY SERVICES OR FOR THEIR DELAY IN ATTENDING OR FAILURE TO ATTEND.
    • The MyNextbase Emergency SOS service is not available to download and / or use in all countries - for further information please see paragraphs 10.1 and 10.2.
    • You must have a MyNextbase Emergency SOS service user registration and active product subscription (chargeable after the expiry of the initial 12 month subscription provided with qualifying Nextbase dashcams – please see below time limit on activation).
    • Qualifying Nextbase dashcams are provided with a 12 month subscription to the MyNextbase Emergency SOS service WHICH MUST BE ACTIVATED BY THE USER IN ORDER FOR THE MYNEXTBASE EMERGENCY SOS SERVICE TO WORK. This subscription will automatically expire if it is not activated within 12 months of the date of first retail sale of the relevant dashcam.
  • IF YOU ENTER INTO THESE TERMS IN THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION PARAGRAPH AND CLASS ACTION WAIVER UNDER THE HEADING “WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS BELOW”. THIS PROVISION AFFECTS HOW DISPUTES RELATING TO THESE TERMS ARE RESOLVED.
  • Please check that You have a compatible Nextbase dashcam before subscribing to the MyNextbase Emergency SOS service – please see Our Website for further details. A smartphone mobile handset with call and data capability (including roaming where appropriate) is also required.
  • We recommend that You enter into these terms in Your usual country of residence as certain features and functionality are country specific, as is the law that will govern these terms. Please see explanation of what “We” means in the paragraph headed “Who We are” below.
  • These terms must be read in conjunction with the MyNextbase Software End User Licence Agreement (“EULA”), which grants You rights and contains terms and conditions which will apply to You in respect of the software used in connection with the MyNextbase Emergency SOS service and the associated MyNextbase Connect mobile application.
  • Users must ensure compliance with all applicable driving and road safety laws when using the MyNextbase Emergency SOS service and the MyNextbase Connect mobile application.
  • If You have any questions about these terms, please contact Us (Please see explanation of what “Us” means in the paragraph headed “Who We are” below) to discuss before You enter in to them (contact options are provided below under the “Contact Us” heading).
  • If You would like legal advice on these terms, please contact Your legal advisor or, if You are a UK resident, the Citizens Advice Bureau before You enter in to them.
  • Some of these terms apply only to consumers. “Consumer” means an individual acting for purposes which are wholly or mainly outside of that individual's trade, business, craft or profession. For example, limited companies are not ‘consumers’, nor are individuals using the MyNextbase Emergency SOS services wholly or mainly for business purposes.
  • In these terms, if We use the words including, include, in particular, for example or any similar expression, We are giving examples and those words shall not limit the sense of the words, description, definition, phrase or term that follows those words.
  • We use some phrases in these terms that have set meanings. Where We do this, the phrase will appear in bold the first time We use it or We will tell You where the meaning of that phrase can be found the first time it is used in these terms, and the phrase will be capitalised every other time it is used.
  • Authority to purchase. If You are not a Consumer, You confirm that You have authority to bind the business on behalf of which You are accepting these terms. In that context, references to “You” and “Your” will be to that business. Otherwise references to “You” and “Your” will be to you, the person entering in to these terms.

  1. These terms
    1. What these terms cover. These are the terms and conditions on which We provide the MyNextbase Emergency SOS service to You.
    2. These terms must be read in conjunction with the EULA.
      1. The EULA contains a licence for You to use the software associated with the MyNextbase Emergency SOS service (including the MyNextbase Connect mobile application) and contains important terms and conditions that will apply to You in addition to these service terms.
      2. Where there are any conflicts between these terms and conditions and the EULA, these terms and conditions will, in respect of the MyNextbase Emergency SOS service, apply to the extent of that conflict instead of the terms in the EULA.
    3. Why You should read them. Please read these terms carefully before You subscribe to the MyNextbase Emergency SOS service. These terms tell You who We are, how We will provide the MyNextbase Emergency SOS service to You, how You and We may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these terms, please contact Us to discuss before You enter in to them.
    4. These terms refer to the following additional terms which also apply to the MyNextbase Emergency SOS service:
      1. Our Privacy Policy.
      2. Our Cookie Policy which sets out information about the cookies on Our site.
      3. The EULA.
  2. Information about Us and how to contact Us
    1. Who We are. We are Portable Multimedia Limited (company number 04038169, England) trading as “Nextbase”. Our registered office is at Dorna House Two, 52 Guildford Road, West End, Woking, GU24 9PW, England. We will be referred to as “We”, “Us” or “Our” in these terms.
    2. How to contact Us.
      1. If You wish to contact Us for any reason (for example if You are experiencing a problem with the Service or if these terms require You to contact Us) please email, write to or call Our customer service team:
        1. for UK:
          1. email: [email protected];
          2. write to Us at Nextbase Product Support Centre, Unit 2 Caerphilly Business Park, Caerphilly, CF83 3ED, England; or
          3. call +44(0) 2920 866 429.
        2. For all other countries: please use Your local contact details as displayed on Our Website, unless You would like to end this contract in which case please contact Us as set out in paragraph 11 below.
        3. We will confirm receipt of Your postal and email communications promptly, usually by email.
        4. You can also report any problems with the MyNextbase Emergency SOS service via the MyNextbase Connect mobile application.
    3. How We may contact You. If We have to contact You We will do so by telephone, by email, by SMS, by in-app notification or by pre-paid post, using the contact details You have provided to Us.
    4. "Writing" includes emails. When We use the words "writing" or "written" in these terms, this includes emails.
  3. Our contract with You in respect of the MyNextbase Emergency SOS service:
    1. These terms will be applicable from the point You click the “accept” button when subscribing for the MyNextbase Emergency SOS service.
    2. As initial subscriptions provided with qualifying dash cams (i.e. not paid for subscriptions) are made available to You at no cost, they are provided “as is”. For example, this means that We give no assurances that such services will be of satisfactory quality, fit for any particular purpose or as described. Please also see the further exclusions contained in the “Entire Agreement” section below.
    3. Service scope, requirements and limitations:
      1. The purpose of the MyNextbase Emergency SOS service is to alert the emergency services following an accident. The service does not include the deployment or provision of emergency service vehicles or personnel, nor the provision of medical or emergency services. The MyNextbase Emergency SOS service ends when the emergency services have been alerted about the relevant accident. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SERVICES PROVIDED BY THE EMERGENCY SERVICES OR FOR THEIR DELAY IN ATTENDING OR FAILURE TO ATTEND.
      2. The MyNextbase Emergency SOS service is designed to alert the emergency services in situations where the user has been involved in an accident which renders them incapable of alerting the emergency services themselves. The service will not alert the emergency service of all accidents – for example, low speed accidents will not be notified to the emergency services, nor will accidents after which the alert notification process is cancelled before the emergency services are alerted (for example where the user cancels the alert because they are not incapacitated following the accident).
      3. The MyNextbase Emergency SOS service is not a guaranteed service and is dependent and reliant on a number of factors including those listed in paragraphs 3.3.7 (e.g. service may be affected or unavailable if mobile device and / or dashcams is damaged in an accident) and 6 (e.g. having location services turned on). Where these requirements are not met, the MyNextbase Emergency SOS service will NOT work.
      4. We provide no uptime or availability guarantees in respect of the MyNextbase SOS Emergency service and it should not be relied on as the sole method of contacting the emergency services in the event of an accident.
      5. The MyNextbase Emergency SOS service does not, in any way, replace manually calling the emergency services in the event of an accident and You should continue to take general, prudent safety precautions - for example ensuring that when travelling You provide others with details of Your route, destination and estimated time of arrival.
      6. The MyNextbase Emergency SOS service is not available to download and / or use in all countries, for further information please see paragraphs 10.1 and 10.2
      7. Please note that in order for Us to provide the MyNextbase Emergency SOS service, the following criteria MUST be met in order for Us to provide the service – IF THEY ARE NOT, WE WILL NOT BE ABLE TO PROVIDE THE SERVICE:
        1. The MyNextbase Connect app must be installed and open on the relevant smartphone mobile handset;
        2. The relevant smartphone mobile handset must be in Your possession and in Your vehicle;
        3. The relevant smartphone mobile handset must have call and data capability (including call and data roaming where applicable) and location services to be active (please see paragraph 6 below for further details);
        4. The relevant smartphone mobile handset must have Bluetooth low energy available and active;
        5. The dashcam and mobile phone must each have a paired Bluetooth connection and sufficient battery capacity to complete the notification process; and
        6. You must have a MyNextbase Emergency SOS user registration and active MyNextbase Emergency SOS service subscription (chargeable after the expiry of the initial 12 month subscription provided with qualifying dashcams – please see paragraph 3.4 below for time limits applicable to activation).
      8. PLEASE ALSO SEE THE LIMITATIONS AND EXCLUSIONS UNDER THE “ENTIRE AGREEMENT” SECTION BELOW.
      9. IMPORTANT: Please note that the performance and availability of the MyNextbase Emergency SOS service may be affected (potentially including complete unavailability of the service) in the event of an accident during which either or both of the paired mobile phone device or dashcam is damaged.
      10. The MyNextbase Emergency SOS service is for use in connection with compatible Nextbase dashcam products only – please see Our Website for further details.
      11. For full details of the features, functionality requirements and limitations of the MyNextbase Emergency SOS Service, please see Our Website.
    4. Qualifying Nextbase dashcams are provided with a 12 month subscription to the MyNextbase Emergency SOS service WHICH MUST BE ACTIVATED BY THE USER IN ORDER FOR THE MYNEXTBASE EMERGENCY SOS SERVICE TO WORK. This subscription will automatically expire if it is not activated within 12 months of the date of first retail sale of the relevant dashcam.
    5. Where You wish to use the MyNextbase Emergency SOS Service outside of the initial 12 month subscription period provided with qualifying dashcams – please see above time limits on activation) You must purchase a paid for subscription via the MyNextbase Connect mobile application. If You do not, THE SERVICE WILL NOT WORK.
    6. Where You choose to subscribe for a MyNextbase Emergency SOS service subscription, Our acceptance of Your order will take place when We contact You confirming Our acceptance of that order. You will be granted access to the MyNextbase Emergency SOS service from the time We accept Your order.
    7. The features and functionality of the MyNextbase Emergency SOS service will be as described on Our Website from time to time.
    8. We shall during the term of Your subscription, provide the MyNextbase Emergency SOS service in accordance with these terms.
  4. Intellectual property rights
    1. You agree that all intellectual property rights in the MyNextbase Emergency SOS service and associated software throughout the world belong to Us or Our licensors.
    2. You agree that the rights in the MyNextbase Emergency SOS service and associated software are licensed (not sold) to You on these terms and the terms of the EULA.
    3. You agree that You are licensed to use the MyNextbase Emergency SOS service and associated software on a non-exclusive basis – this means that We will enter in to similar contracts to other people, including on terms that may differ from these terms.
    4. You agree that You have no intellectual property rights in, or to, the MyNextbase Emergency SOS service and associated software other than the right to use it in accordance with these terms and the EULA.
    5. You have no rights of access to the MyNextbase Emergency SOS service or associated software in source code form.
    6. You grant to Us a worldwide, royalty-free, sub-licensable licence to use the data, information and documentation You use or upload with or to the MyNextbase Emergency SOS service (including via the MyNextbase Connect mobile app) in each case for the purpose of providing, performing, analysing and improving the MyNextbase Emergency SOS service and any equivalent and successor products. This licence shall last forever and can not be withdrawn (subject to any data privacy rights You may have).
    7. If You are a Consumer:
      1. You confirm to Us that You have all rights and consents (including in relation to data protection) necessary to grant Us the license set forth in paragraph 4.6 above without any violation or infringement of any third party rights.
      2. You agree to reimburse Us in full, when We ask, for any and all claims, disputes, demands, liabilities, damages, losses, costs and expenses arising out of or in connection with any claims that any content You provide or upload with or to the MyNextbase Cloud service (including the associated software) violates any third party rights.
    8. If You are not a Consumer:
      1. You represent and warrant that You have all rights and consents (including in relation to data protection) necessary to grant Us the license set forth in paragraph 4.6 above without any violation or infringement of any third party rights.
      2. You agree on demand to indemnify, defend and hold Us harmless from and against any and all claims, disputes, demands, liabilities, damages, losses, costs and expenses arising out of or in connection with any claims that any content You provide or upload with or to the MyNextbase Cloud service (including the associated software) violates any third party rights.
  5. How We use Your data
    1. For full information on how We use Your personal data please refer to Our Privacy Policy.
  6. Location Services
    1. The MyNextbase Emergency SOS service will make use of location data sent from Your mobile device. If You install the MyNextbase Connect mobile application and subscribe to the MyNextbase Emergency SOS service, it will require Your location services to be on at all times in order for the service to function.
    2. If You do not wish to share Your location data, You will not be able to use the MyNextbase Emergency SOS service.
    3. PLEASE NOTE: Deactivating location services will prevent the MyNextbase Emergency SOS service from working.
    4. If You subscribe to the MyNextbase Emergency SOS service, You consent to Us and Our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of Your location data to provide the MyNextbase Emergency SOS service, and to analyse and improve the MyNextbase Emergency SOS service and equivalent and successor products. We will not use You location data for any other purpose.
    5. For full information on how We use Your personal data please refer to Our Privacy Policy.
  7. We may collect technical data about Your phone and devices
    1. By using the MyNextbase Emergency SOS service, You agree to Us collecting and using technical information about the devices You use to access the MyNextbase Emergency SOS service, and Your related software, hardware and peripherals. We will use this information to improve Our current, successor and equivalent products, services and software and to provide the MyNextbase Emergency SOS services to You. Such information and data will be used in accordance with Our Privacy Policy.
  8. Your rights to make changes
    1. Where You have a subscription to the MyNextbase Emergency SOS service and You wish to make a change to that subscription, please contact Us as described in paragraph 2.2.
    2. We will let You know if the change is possible. If it is possible We will let You know about any changes to the price or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change.
    3. If We cannot make the change or the consequences of making the change are unacceptable to You, You may want to end this contract under paragraph 11 (Your rights to end the contract).
  9. Our rights to make changes
    1. We may change the MyNextbase Emergency SOS service and these terms:
      1. to reflect changes in relevant laws and regulatory requirements;
      2. to implement technical adjustments and improvements, for example to address a security threat;
      3. to reflect changes in Our business; or
      4. to reflect changes in the way that We wish to offer the MyNextbase Emergency SOS service.
    2. We will give You notice of any change by sending You an email, a push notification or displaying an in-app notification with details of the change or notifying You of a change when You next access the service or the MyNextbase Connect Mobile application.
    3. If You do not accept the notified changes You may end this contract under paragraph 11.3.1. Where You wish to end this contract under paragraph 11.3.1, You must stop using the MyNextbase Emergency SOS service from the point such changes take effect.
    4. Where You wish to end this contract under paragraph 11.3.1, You must stop using the MyNextbase Emergency SOS service from the point the relevant changes take effect, as by continuing to use the MyNextbase Emergency SOS service after the notified changes take effect, You will be agreeing to such changes.
    5. Where You are a Consumer with a paid subscription, if We change the MyNextbase Emergency SOS service or these terms under paragraph 9.1, We will ensure that the MyNextbase Emergency SOS service shall always match the description of the MyNextbase Emergency SOS service (if any) that We provided to You at the time You purchased the relevant subscription.
  10. Providing the MyNextbase Emergency SOS service
    1. Subscribing to the MyNextbase Emergency SOS service:
      1. The MyNextbase Emergency SOS service may be subscribed to in the following countries: Belgium, Canada, Finland France, Germany, Ireland, Luxembourg, Netherlands, Norway, Sweden, United Kingdom and United States.
      2. We may update the list of countries set out in paragraph 10.1.1 from time to time – please see Our Website for an up to date list of countries.
    2. Using the MyNextbase Emergency SOS service:
      1. Once You subscribe in one of the countries listed in paragraph 10.1 above (as may be updated from time to time), You will be able to use the MyNextbase Emergency SOS service in the following countries (subject to the requirements and limitations set out in these terms, including paragraph 3.3.7): Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden, United Kingdom and United States.
      2. We may update the list of countries set out in paragraph 10.2.1 from time to time – please see Our Website for an up to date list of countries.
    3. MyNextbase Connect mobile application is available for download by visiting the Google Play Store or the Apple App Store (as appropriate).
    4. We will supply the MyNextbase Emergency SOS service to You until Your subscription expires or You end this contract as described in paragraphs 11 or 12, or We end this contract as described in paragraph 13. Important: If You do not renew Your subscription prior to Your subscription expiring You will not be able to use the MyNextbase Emergency SOS service from the date of expiry.
    5. We are not responsible for delays outside Our control.
      1. Where for reasons outside of Our reasonable control (including failure of service providers and telecommunications networks) We are unable to provide the MyNextbase Emergency SOS service or there are delays relating to Us providing the service, We will let You know (including via in app messaging in the MyNextbase Connect app, by displaying a service message on Our Website or by email) and We will take steps to minimise the effect of the delay. Please note: We provide no uptime or availability assurances or guarantees in respect of the MyNextbase Emergency SOS service – please see paragraph 3.3 above for further details.
      2. We will not be liable for unavailability of the service or delays caused by the relevant event, as We provide no uptime or availability guarantees – please see paragraph 3.3 above for further details.
      3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING EMERGENCY SERVICE PROVIDERS, OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
    6. Reasons We may suspend the supply of the MyNextbase Emergency SOS service to You.
      1. We may have to suspend the supply of the MyNextbase Emergency SOS service to:
        1. deal with technical problems or make technical changes;
        2. update the MyNextbase Emergency SOS service to reflect changes in relevant laws and regulatory requirements; or
        3. make changes to the MyNextbase Emergency SOS service under paragraph 9.
      2. We will let You know (including via in app messaging in the MyNextbase Connect app, by displaying a service message on Our Website or by email) that We have suspended supply or will be suspending supply of the MyNextbase Emergency SOS service if the suspension is expected to last for 1 (one) hour or more.
      3. We will contact You in advance to tell You We will be suspending supply of the MyNextbase Emergency SOS service, unless the problem is urgent or an emergency.
    7. Your rights if We suspend Your MyNextbase Emergency SOS service.
      1. If We have to suspend access to the MyNextbase Emergency SOS service for longer than one (1) day We will add onto the end of Your subscription a period equivalent to the period of any such suspension to ensure You have the MyNextbase Emergency SOS service available to You for a period equal to the original subscription term We agreed with You.
      2. You may contact Us to end the contract for the MyNextbase Emergency SOS service if We suspend it, or tell You We are going to suspend it, in each case for a period of 7 consecutive days or more – please see paragraph 11.3.4 for further details.
    8. We may also suspend Your MyNextbase Emergency SOS service if You do not pay.
      1. Where You opt to purchase a paid MyNextbase Emergency SOS service and (i) You do not pay Us for Your subscription when You are supposed to or (ii) if Your payment fails for any reason, We may suspend Your subscription until You have paid Us the outstanding amounts.
      2. We will contact You to tell You We are suspending Your subscription under paragraph 10.8.1. This will not prevent Us terminating Your contract under paragraph 13.
      3. We will not charge You for Your subscription during the period for which it is suspended – We will add to the end of Your subscription a period equivalent to the period of any such suspension.
      4. IMPORTANT: You will not be able to use the MyNextbase Emergency SOS service during any period of suspension.
    9. App store terms also apply
      1. The ways in which You can use the MyNextbase Emergency SOS service via the MyNextbase Connect App may also be controlled by the rules and policies of an App Store in addition to the terms set out in these terns.
      2. If You have downloaded the MyNextbase Connect App from the:
        1. Apple App Store, the Apple App Store rules and policies will also apply to You: https://www.apple.com/legal/;
        2. Google Play Store, the Google Play Store rules and policies will also apply to You: https://play.google.com/intl/en-Us_Us/about/play-terms/index.html.
      3. Where there are any conflicts between these terms and the relevant App store terms, the relevant App Store rules and policies will apply to the extent of that conflict instead of these terms in relation to Your use of the MyNextbase Emergency SOS service via the MyNextbase Connect App only. These terms will still apply to the extent there are no conflicts.
  11. Your rights to end the contract
    1. You can always end Your contract with Us. Your rights when You end this contract will depend on the type of MyNextbase Emergency SOS service subscription You have (i.e. initial subscription provided with qualifying dashcam or paid for subscription), whether there is anything wrong with the services You have received, how We are performing and when You decide to end the contract:
      1. If You want to end the contract because of something We have done or have told You We are going to do, please see paragraph 11.3;
      2. If You have just changed Your mind about the MyNextbase Emergency SOS service, please see paragraph 11.4. If You have a paid subscription You will be able to get a refund if You are within the cooling-off period, but this may be subject to deductions.
      3. In all other cases (if We are not at fault and there is no right to change Your mind), please see paragraph 11.5.
    2. IMPORTANT: If You end Your contract with Us, You will not be able to use the MyNextbase Emergency SOS service from the date this contract ends.
    3. Ending the contract because of something We have done or are going to do. If You are ending a contract for a reason set out at 11.3.1 to 11.3.5 below the contract will end immediately and We will refund You in full for Your paid for subscription where that subscription has not started, or on a pro rata basis where it has, and You may also be entitled to compensation. The reasons are:
      1. We have told You about an upcoming change to the MyNextbase Emergency SOS service or these terms which You do not agree to (see paragraph 9.1);
      2. We have told You about an error in the price of Your subscription and You do not wish to proceed;
      3. there is a risk that Your access to the MyNextbase Emergency SOS service may be interrupted for a significant period because of events outside Our control;
      4. We have suspended supply of the MyNextbase Emergency SOS service, or notify You We are going to suspend it, in each case for a period of 7 consecutive days or more; or
      5. You have a legal right to end the contract because of something We have done wrong.
    4. How long do You have to change Your mind where You have a paid subscription for the MyNextbase Emergency SOS service?
      1. You have 14 days after the day We contact You to confirm We have accepted Your order for a paid subscription.
      2. If You cancel after We have started performing the services (which We will do immediately on issuing Our confirmation of acceptance of Your order), You must pay Us on a pro rata basis for the services provided up until the time You tell Us that You have changed Your mind.
    5. Ending the contract where We are not at fault and there is no right to change Your mind.
      1. Even if We are not at fault and You do not have a right to change Your mind, You can still end this contract before Your subscription ends (see paragraph 11.1.3).
      2. If You want to end the contract in these circumstances, just contact Us to let Us know.
      3. Please note: If You terminate this contract under paragraph 11.5.1, no refund will be provided in respect of any remaining paid subscription at the point of termination.
  12. How to end the contract with Us (including if You have changed Your mind)
    1. Tell Us You want to end the contract. To end the contract with Us, please let Us know by doing one of the following:
      1. MyNextbase Connect. The quickest way to end Your MyNextbase Emergency SOS service subscription is via the MyNextbase Connect mobile application.
      2. Phone or email. Alternatively You can call Our customer services team on +44(0) 2920 866 429 or email Us at [email protected]. Please provide Your name, home address, details of the order, Your phone number and Your email address.
      3. If You wish, You may notify Us that You want to end this contract by completing the cancellation form at the end of these terms, and emailing or posting a copy to Us.
      4. We will confirm to You when this contract will end when You contact Us.
    2. How We will refund You. Refunds will be dealt with via the relevant app store including for example the Apple App Store for Apple devices, or Google Play for Android devices. You will receive Your refund by the method You used for payment. However, We may make deductions from Your refund, as described below.
    3. When Your refund will be made. Any refunds due to You in respect of sums paid for subscriptions to the MyNextbase Emergency SOS service will be made as soon as possible. If You are exercising Your right to change Your mind then Your refund will be made within 14 days of You telling Us (or the operator of the relevant App store) You have changed Your mind.
    4. Deductions from refunds if You are exercising Your right to change Your mind. If You are exercising Your right to change Your mind We may deduct from any refund of sums You have paid in respect of a subscription to the MyNextbase Emergency SOS service an amount for the supply of the service for the period for which it was supplied, ending with the time when You told Us You had changed Your mind. The amount will be in proportion to what has been supplied, in comparison with the full duration of the subscription.
  13. Our rights to end the contract early
    1. We may end the contract if You break it. We may terminate this contract immediately by written notice to You if persistently breach these terms or if You breach them in a serious way (for example, if You misuse Our intellectual property rights would be regarded as You having breached these terms in a serious way, as would You having breached the acceptable use restrictions set out below).
    2. Where We end Your contract, You will not be able to use the MyNextbase Emergency SOS service from the date it ends.
    3. We may end the contract upon giving You not less than 14 days’ notice.
      1. In addition to the rights We have under paragraph 13.1, We reserve the right to end this contract at any time by giving You not less than 14 (fourteen) days’ notice.
      2. Where We give notice under paragraph 13.3.1 and this contract ends prior to the end of any then current paid for subscription period, We will refund You on a pro rata basis for any period of Your paid subscription remaining as at the date Your subscription ends under this paragraph 13.3.
  14. Acceptable use restrictions
    1. You must:
      1. not imitate any event or crash that will trigger the MyNextbase Emergency SOS service to report any falsified events to the emergency services;
      2. immediately cancel the automatic alert process if You are not incapacitated following an accident or if for any reason the emergency services are not required following the relevant accident. The automatic alert process can be stopped or overridden at any time prior to the emergency services being notified of the relevant accident.
      3. not use the MyNextbase Emergency SOS service in the event of any accident or any other event requiring the attendance of the emergency services where You are able to manually call the emergency services or You are aware that someone else has called the emergency services on Your behalf;
      4. not use the MyNextbase Emergency SOS service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the MyNextbase Emergency SOS service, any associated service or any operating system;
      5. not infringe Our intellectual property rights or those of any third party in relation to Your use of the MyNextbase Emergency SOS service;
      6. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the MyNextbase Emergency SOS service;
      7. not use the MyNextbase Emergency SOS service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users;
      8. not collect or harvest any information or data from the MyNextbase Emergency SOS service or Our systems or attempt to decipher any transmissions to or from the servers; and
      9. comply with the terms of the EULA.
  15. Security Procedures
    1. If You choose, or You are provided with, a user identification code, password or any other piece of information in connection with the MyNextbase Connect mobile application or the MyNextbase Emergency SOS service, You must treat such information as confidential. You must not disclose it to any third party.
    2. 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 reasonable opinion You have failed to comply with any of the provisions of these terms.
    3. If You know or suspect that anyone other than You knows Your user identification code or password, You must immediately change it via the MyNextbase Connect mobile application and promptly notify Us at [email protected].
  16. We are not responsible for viruses
    1. We do not guarantee that the MyNextbase Emergency SOS service will be secure or free from bugs or viruses.
    2. You are responsible for configuring Your devices, computer programmes and platform for the use of the MyNextbase Emergency SOS service. You should use Your own virus protection software.
    3. You must not misuse the MyNextbase Emergency SOS service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
    4. You must not attempt to gain unauthorised access to the MyNextbase Emergency SOS service, the server on which the MyNextbase Emergency SOS service is stored or any server, computer or database connected to the MyNextbase Emergency SOS service.
    5. You must not attack the MyNextbase Emergency SOS service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You may be committing a criminal offence. 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 the MyNextbase Emergency SOS service, and any associated services will cease immediately.
  17. Our responsibility for loss or damage suffered by You if You are a Consumer (except for persons who entered in to these terms in USA, to whom the provisions in the paragraph below entitled “Our responsibility for loss or damage suffered by You if You entered in to these terms in USA” shall apply):
    1. We are responsible to Consumers for foreseeable loss and damage caused by Us:
      1. If You are a Consumer and We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these terms, but We are not responsible for any loss or damage that is not foreseeable.
      2. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these terms, both We and You knew it might happen.
      3. Our total liability to You in respect of all losses and claims arising out of or in connection with these terms and the MyNextbase Emergency SOS service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed, in aggregate, the greater of (i) £100 (one hundred pounds) and (ii) 200% (two hundred percent) of the subscription fee (if any) You paid under this contract for Your subscription to the MyNextbase Emergency SOS service.
        This means that if We are found to have breached these terms, Our total liability to You will not, with a small number of exceptions (please see the below paragraph entitled “We do not exclude or limit in any way Our liability to Consumers where it would be unlawful to do so”), in total, exceed £100 (one hundred pounds) or 200% (two hundred percent) of the subscription fee (if any) You paid under this contract for Your subscription to the MyNextbase Emergency SOS service , whichever is the higher amount.
    2. We do not exclude or limit in any way Our liability to Consumers where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
    3. When We are liable for damage to Your property if You are a Consumer:
      1. If defective digital content that We have supplied damages a device or digital content belonging to You and You are a Consumer, We will either repair the damage or pay You compensation.
      2. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
      3. The cap on Our liability set out in paragraph 17.1.3 will apply to all claims of the type described in this paragraph 17.3.
    4. We are not liable to Consumers for business losses.
      1. The MyNextbase Emergency SOS service is for use by Consumers for personal domestic (non-business, non-commercial, non-resale) use only.
      2. If You are a Consumer and You use the MyNextbase Emergency SOS service for any commercial, business or resale purpose We will have no liability to You for any (i) loss of profit, (ii) loss of business, (iii) business interruption, (iv) loss of business opportunity, or (v) for any special, indirect or consequential losses (which are losses that do not fall within the description of foreseeable losses set out in the “We are responsible to Consumers for foreseeable loss and damage caused by Us” paragraph above).
    5. Summary of Your legal rights if You are a Consumer. We are under a legal duty to supply You with the MyNextbase Emergency SOS service in conformity with this contract.
  18. Our responsibility for loss or damage suffered by You if You are not a Consumer (except for persons who entered in to these terms in USA, to whom the paragraph below entitled “Our responsibility for loss or damage suffered by You if You entered in to these terms in USA” shall apply):
    1. Nothing in these terms limits or excludes Our liability for:
      1. death or personal injury caused by Our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any other matter that can not be excluded or limited under English law.
    2. We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with these terms or the MyNextbase Emergency SOS service for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill;
      6. any indirect loss or damage;
      7. any consequential loss or damage; or
      8. any special loss or damage.
    3. Our residual liability to You:
      1. Where You are using the MyNextbase Emergency SOS service under an initial subscription provided with a qualifying dash cam (i.e. not a paid for subscription):
        1. We hereby exclude (to the maximum extent permitted by applicable law) liability for all losses and claims arising out of or in connection with these terms and the MyNextbase Emergency SOS service in each case whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
        2. To the extent that the exclusion in paragraph 18.3.1.1 is held to be ineffective or unenforceable by a court of competent jurisdiction for any reason, Our total liability to You in respect of all losses and claims arising out of or in connection with these terms and the MyNextbase Emergency SOS service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed, in aggregate, the greater of (i) £100 (one hundred pounds) and (ii) 200% (two hundred percent) of the subscription fee (if any) You paid under this contract for Your subscription to the MyNextbase Emergency SOS service.
      2. Where You are using the MyNextbase Emergency SOS service under a paid for subscription (i.e. not an initial subscription provided with a qualifying dashcam), Our total liability to You in respect of all losses and claims arising out of or in connection with these terms and the MyNextbase Emergency SOS service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed, in aggregate, the greater of (i) £100 (one hundred pounds) and (ii) 200% (two hundred percent) of the subscription fee (if any) You paid under this contract for that subscription to the MyNextbase Emergency SOS service.
    4. We exclude all implied conditions, warranties, representations or other terms that may apply to the MyNextbase Emergency SOS service.
  19. Our responsibility for loss or damage suffered by You if You entered in to these terms in USA:
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MYNEXTBASE EMERGENCY SOS SERVICE, OUR PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      EXCEPT TO THE EXTENT APPLICABLE LAW REQUIRES OTHERWISE, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (1) 200% (TWO HUNDRED PERCENT) OF THE SUBSCRIPTION FEE (IF ANY) YOU PAID UNDER THIS CONTRACT FOR YOUR SUBSCRIPTION TO THE MYNEXTBASE EMERGENCY SOS SERVICE AND (2) $130 (ONE HUNDRED AND THIRTY US DOLLARS).
      NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY THAT DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
    2. PLEASE ALSO SEE THE LIMITATIONS AND EXCLUSIONS UNDER THE “ENTIRE AGREEMENT” SECTION BELOW.
  20. Please back-up content and data.
    1. We recommend that You regularly back up Your data prior to, during and after using the MyNextbase Emergency SOS service, as We are not responsible for backing up Your data; and
    2. We are not responsible for any losses or damage (including to data and content) You suffer because You have not backed up Your data.
  21. Check that the MyNextbase Emergency SOS service is suitable for You. The MyNextbase Emergency SOS service has not been developed to meet Your individual requirements. Please check that the features and functionality of the MyNextbase Emergency SOS service (as described on Our Website) meet Your requirements.
  22. We may transfer this contract to someone else and We may use subcontractors
    1. We may transfer Our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect the rights of Consumers under these terms.
    2. We may subcontract some or all of Our obligations under these terms. We will be liable for the acts and omissions of Our subcontractors.
  23. You need Our consent to transfer Your rights to someone else
    1. You may only transfer Your rights or Your obligations under these terms to another person if We agree in writing.
  24. Nobody else has any rights under this contract
    1. This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
  25. If a court finds part of this contract unenforceable or illegal, the rest will continue in force
    1. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  26. Even if We delay in enforcing this contract, We can still enforce it later
    1. Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
  27. Entire agreement:
    1. For persons who did not enter in to these terms in the USA:
      1. This paragraph 27 does not apply to You if You are a Consumer.
      2. If You are not a Consumer:
        1. These terms constitute the entire agreement between You and Us in relation to the MyNextbase Emergency SOS service and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to their subject matter.
        2. You acknowledge and agree that in entering in to these terms:
          1. The MyNextbase Emergency SOS service (both initial subscription and paid for subscriptions) is provided “as is”;
          2. We do not give any representation, warranties, assurances, conditions or undertakings in relation to the MyNextbase Emergency SOS service other than those expressly set out in these terms;
          3. any representation, assurance, undertaking, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. For example, We will not be responsible for ensuring that the MyNextbase Emergency SOS service is suitable for Your purposes; and
          4. You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
        3. You and We acknowledge and agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
    2. For persons who entered in to these terms in the USA:
      1. THE MYNEXTBASE EMERGENCY SOS SERVICE (BOTH INITIAL SUBSCRIPTION AND PAID FOR SUBSCRIPTIONS) IS PROVIDED "AS IS" AND THE WE MAKE NO REPRESENTATION AND GIVE NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. WE MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE MYNEXTBASE EMERGENCY SOS SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE MYNEXTBASE EMERGENCY SOS SERVICE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE MYNEXTBASE EMERGENCY SOS SERVICE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE MYNEXTBASE EMERGENCY SOS SERVICE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO US.
  28. Which laws apply to these terms and where You may bring legal proceedings
    1. If You are a Consumer who entered into these terms outside of the USA:
      1. These terms are governed by English law and You can bring legal proceedings in respect of these terms and the MyNextbase Emergency SOS service in the English courts.
      2. If You live in Scotland You can bring legal proceedings in respect these terms and the MyNextbase Emergency SOS service in either the Scottish or the English courts.
      3. If You live in Northern Ireland You can bring legal proceedings in respect of these terms and the MyNextbase Emergency SOS service in either the Northern Irish or the English courts.
      4. Save as described above, if You are a Consumer who entered into these terms within the European Economic Area, these terms are governed by the laws of the country in the European Economic Area in which You entered in to these terms, and You can bring legal proceedings in respect of these terms and the MyNextbase Emergency SOS service in the courts of that country as well as in Your country of residence within the European Economic Area.
      5. Save as described above, if You are a Consumer these terms are governed by the laws of the country in which You entered in to these terms, and You can bring legal proceedings in respect of these terms and the MyNextbase Emergency SOS service in the courts of that country as well as in Your usual country of residence.
  29. If You are not a Consumer and did not enter into these terms in the USA:
    1. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with English law.
    2. We both irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms of their subject matter or formation (including non-contractual disputes and claims).
    3. If You entered in to these terms in the USA
    4. These terms are governed by the federal law of the United States and the laws of the state of Delaware, provided however, that the laws of the U.S. state where You live will govern claims under state consumer protection, unfair competition, or similar laws to the extent required by law. To the fullest extent permitted by law, We and You expressly agree hereby to waiver any right to a trial by jury in connection with these terms.
    5. You and We agree to the jurisdiction of Delaware to resolve any dispute, claim or controversy that arises in connection with these terms and is not subject to mandatory arbitration as described below.
    6. CLASS ACTION WAIVER AND AGREEMENT TO BINDING ARBITRATION:
      1. Agreement to Arbitrate. If You entered into these terms in the United States, this paragraph applies to You. If a dispute, claim or controversy of any kind with respect to any of Our products, services or any other aspect of these terms, arises between You and Us, and the parties are unable to resolve the dispute informally within a reasonable period of time, YOU AND WE HEREBY AGREE TO RESOLVE THE DISPUTE THROUGH BINDING INDIVIDUAL ARBITRATION before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury.
      2. Class Action Waiver. Any proceedings, including but not limited to class action lawsuits, class-wide arbitrations, private attorney-general actions, or the combining of individual actions without the consent of all parties, are prohibited. BY ACCEPTING THIS AGREEMENT, YOU AGREE NOT TO BEGIN OR PARTICIPATE IN ANY OF THE ABOVE-MENTIONED CLASS AND MULTI-PARTY PROCEEDINGS, AND ANY ACTION PURSUED BY YOU AND ANY REMEDIES, IF ANY, AWARDED TO YOU, MUST BE ON AN INDIVIDUAL BASIS, AS PROVIDED IN THIS PARAGRAPH. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) will be severed from arbitration and may be pursued in court. If this paragraph is found to be unenforceable, then the entirety of this Class Action Waiver and Agreement to Binding Arbitration shall be null and void.
      3. Exceptions. Notwithstanding any contrary statement above, nothing herein will be deemed to waive a party’s rights (1) to bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling of the arbitrator, or (3) bringing issues to the attention of federal, state or local agencies (and such agencies may be able to seek relief on a party’s behalf as allowed by law). In addition, this class action waiver and agreement to binding arbitration shall not require arbitration of disputes relating to the enforcement or validity or Your (or Your licensors’) or Our (or Our licensors’) intellectual property rights.
      4. Conduct of Arbitration. In the event of a binding individual arbitration proceeding between parties, a neutral arbitrator will decide and the arbitrator’s decision will be final except to the limited extent appeal is permitted under the FAA, and the arbitrator shall have the exclusive power to rule on his/her own jurisdiction, including any ruling as to the existence, scope or validity of this agreement, or to the arbitrability of any claim or counterclaim. Any arbitration pursuant to these provisions shall be conducted according to the Consumer Arbitration Rules of the AAA (or, if You are a non-Consumer covered by this provision, the Commercial Arbitration Rules of the AAA) or the equivalent rules then in force, except to the extent modified by these terms. Any arbitration hearings will take place in the county or parish of Your residence, unless the applicable AAA rules provide for telephonic hearing and/or hearing solely on the basis of documents under the circumstances. The arbitrator shall issue a reasoned decision in writing that is sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
      5. AAA Rules; Fees. The AAA Rules, along with instructions on initiating an arbitration, are available at www.adr.org, and You can contact the AAA at 1-800-778-7879. If You are required to pay a filing fee in connection with the arbitration, We will reimburse You for the filing fee unless Your claim is for an amount greater than $10,000. We will cover any other applicable arbitration fees, or arbitrator compensation, that are greater than the fees You would be required to pay in connection with pursuing Your claim in court, We will pay the portion of such fees or amounts in excess of the fees You would have paid in a court action.
      6. Survival. This Class Action Waiver and Agreement to Binding Arbitration shall survive the termination of these terms and any license granted hereunder.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from this contract)

 

To: Portable Multimedia Limited, Nextbase Product Support Centre, Unit 2 Caerphilly Business Park, Caerphilly, CF83 3ED, England. Tel: +44(0) 2920 866 429. Email: [email protected]]:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.