TERMS OF SERVICE

Last updated August 27, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Zyada Ltd (‘Company‘,’we‘, ‘us‘, or ‘our‘).

We operate the website zyada.co.uk (the ‘Site‘), as well as any other related products and servicesthat refer or link to these legal terms (the ‘Legal Terms‘)(collectively, the ‘Services‘).

You can contact us by email at hello@zyada.co.uk

These Legal Terms constitute alegally binding agreement made between you, whether personally or on behalf ofan entity (‘you‘), and Zyada, concerning your access to and use of theServices. You agree that by accessing the Services, you have read, understood,and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITHALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THESERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms andconditions or documents that may be posted on the Services from time to timeare hereby expressly incorporated herein by reference. We reserve the right, inour sole discretion, to make changes or modifications to these Legal Terms fromtime to time. We will alert you about any changes by updating the ‘Lastupdated’ date of these Legal Terms, and you waive any right to receive specificnotice of each such change. It is your responsibility to periodically reviewthese Legal Terms to stay informed of updates. You will be subject to, and willbe deemed to have been made aware of and to have accepted, the changes in anyrevised Legal Terms by your continued use of the Services after the date suchrevised Legal Terms are posted.

The Services are intended forusers who are at least 18 years old. Persons under the age of 18 are notpermitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for yourrecords.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENCE
11. GUIDELINES FOR REVIEWS
12. THIRD-PARTY WEBSITES AND CONTENT
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
25. MISCELLANEOUS
26. CONTACT US
27. OUR SERVICES

The information provided when using the Services is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation or whichwould subject us to any registration requirement within such jurisdiction orcountry. Accordingly, those persons who choose to access the Services fromother locations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code,databases, functionality, software, website designs, audio, video, text,photographs, and graphics in the Services (collectively, the ‘Content’), aswell as the trademarks, service marks, and logos contained therein (the’Marks’).

Our Content and Marks areprotected by copyright and trademark laws (and various other intellectualproperty rights and unfair competition laws) and treaties in the United Statesand around the world.

The Content and Marks areprovided in or through the Services ‘AS IS’ for your personal, non-commercialuse only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable,revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you     have properly gained access.

solely for your personal,non-commercial use.

Except as set out in thissection or elsewhere in our Legal Terms, no part of the Services and no Contentor Marks may be copied, reproduced, aggregated, republished, uploaded, posted,publicly displayed, encoded, translated, transmitted, distributed, sold,licensed, or otherwise exploited for any commercial purpose whatsoever, withoutour express prior written permission.

If you wish to make any use ofthe Services, Content, or Marks other than as set out in this section orelsewhere in our Legal Terms, please address your request to:bexolay507@devncie.com. If we ever grant you the permission to post, reproduce,or publicly display any part of our Services or Content, you must identify usas the owners or licensors of the Services, Content, or Marks and ensure thatany copyright or proprietary notice appears or is visible on posting,reproducing, or displaying our Content.

We reserve all rights notexpressly granted to you in and to the Services, Content, and Marks.

Any breach of these IntellectualProperty Rights will constitute a material breach of our Legal Terms and yourright to use our Services will terminate immediately.

Your submissions

Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully priorto using our Services to understand the (a) rights you give us and (b)obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment,suggestion, idea, feedback, or other information about the Services(‘Submissions’), you agree to assign to us all intellectual property rights insuch Submission. You agree that we shall own this Submission and be entitled toits unrestricted use and dissemination for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES‘ and will not post, send, publish, upload, or transmit through the     Services any Submission that is illegal, harassing, hateful, harmful,     defamatory, obscene, bullying, abusive, discriminatory, threatening to any     person or group, sexually explicit, false, inaccurate, deceitful, or     misleading;
• to the extent permissible by applicable law, waive any and all     moral rights to any such Submission;
• warrant that any such Submission are original to you or that you     have the necessary rights and licences to submit such Submissions and that     you have full authority to grant us the above-mentioned rights in relation     to your Submissions; and
• warrant and represent that your Submissions do not constitute     confidential information.

You are solely responsible for your Submissions and you expressly agreeto reimburse us for any and all losses that we may suffer because of yourbreach of (a) this section, (b) any third party’s intellectual property rights,or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, yourepresent and warrant that: (1) all registration information you submit will be true, accurate,current, and complete; (2) you will maintain the accuracy of such informationand promptly update such registration information as necessary; (3) you have the legal capacityand you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) youwill not access the Services through automated or non-human means, whetherthrough a bot, script or otherwise; (6) you will not use the Services for anyillegal or unauthorised purpose; and (7) your use of the Services will notviolate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current,or incomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Services (or any portionthereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keepyour password confidential and will be responsible for all use of your accountand password. We reserve the right to remove, reclaim, or change a username youselect if we determine, in our sole discretion, that such username isinappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colours,features, specifications, and details of the products available on theServices. However, we do not guarantee that the colours, features,specifications, and details of the products will be accurate, complete,reliable, current, or free of other errors, and your electronic display may notaccurately reflect the actual colours and details of the products. All productsare subject to availability, and we cannot guarantee that items will be instock. We reserve the right to discontinue any products at any time for anyreason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms ofpayment:

–  Visa

–  Mastercard

–  American Express

–  Discover

You agree to provide current,complete, and accurate purchase and account information for all purchases madevia the Services. You further agree to promptly update account and paymentinformation, including email address, payment method, and payment cardexpiration date, so that we can complete your transactions and contact you asneeded. Sales tax will be added to the price of purchases as deemed required byus. We may change prices at any time. All payments shall be in British Pounds.

You agree to pay all charges atthe prices then in effect for your purchases and any applicable shipping fees,and you authorise us to charge your chosen payment provider for any suchamounts upon placing your order. We reserve the right to correct any errors ormistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuseany order placed through the Services. We may, in our sole discretion, limit orcancel quantities purchased per person, per household, or per order. Theserestrictions may include orders placed by or under the same customer account,the same payment method, and/or orders that use the same billing or shippingaddress. We reserve the right to limit or prohibit orders that, in our solejudgement, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

Please review our Return Policy posted on the Services prior to makingany purchases.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than thatfor which we make the Services available. The Services may not be used inconnection with any commercial endeavours except those that are specificallyendorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve     data or other content from the Services to create or compile, directly or     indirectly, a collection, compilation, database, or directory without     written permission from us.
• Trick, defraud, or mislead     us and other users, especially in any attempt to learn sensitive account     information such as user passwords.
• Circumvent, disable, or     otherwise interfere with security-related features of the Services,     including features that prevent or restrict the use or copying of any     Content or enforce limitations on the use of the Services and/or the     Content contained therein.
• Disparage, tarnish, or     otherwise harm, in our opinion, us and/or the Services.
• Use any information     obtained from the Services in order to harass, abuse, or harm another     person.
• Make improper use of our     support services or submit false reports of abuse or misconduct.
• Use the Services in a     manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised     framing of or linking to the Services.
• Upload or transmit (or     attempt to upload or to transmit) viruses, Trojan horses, or other     material, including excessive use of capital letters and spamming     (continuous posting of repetitive text), that interferes with any party’s     uninterrupted use and enjoyment of the Services or modifies, impairs,     disrupts, alters, or interferes with the use, features, functions,     operation, or maintenance of the Services.
• Engage in any automated use     of the system, such as using scripts to send comments or messages, or     using any data mining, robots, or similar data gathering and extraction     tools.
• Delete the copyright or     other proprietary rights notice from any Content.
• Attempt to impersonate     another user or person or use the username of another user.
• Upload or transmit (or     attempt to upload or to transmit) any material that acts as a passive or     active information collection or transmission mechanism, including without     limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web     bugs, cookies, or other similar devices (sometimes referred to as     ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
• Interfere with, disrupt, or     create an undue burden on the Services or the networks or services     connected to the Services.
• Harass, annoy, intimidate,     or threaten any of our employees or agents engaged in providing any     portion of the Services to you.
• Attempt to bypass any     measures of the Services designed to prevent or restrict access to the     Services, or any portion of the Services.
• Copy or adapt the Services’     software, including but not limited to Flash, PHP, HTML, JavaScript, or     other code.
• Except as permitted by     applicable law, decipher, decompile, disassemble, or reverse engineer any     of the software comprising or in any way making up a part of the Services.
• Except as may be the result     of standard search engine or Internet browser usage, use, launch, develop,     or distribute any automated system, including without limitation, any     spider, robot, cheat utility, scraper, or offline reader that accesses the     Services, or use or launch any unauthorised script or other software.
• Use a buying agent or     purchasing agent to make purchases on the Services.
• Make any unauthorised use     of the Services, including collecting usernames and/or email addresses of     users by electronic or other means for the purpose of sending unsolicited     email, or creating user accounts by automated means or under false     pretences.
• Use the Services as part of     any effort to compete with us or otherwise use the Services and/or the     Content for any revenue-generating endeavour or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

9. USERGENERATED CONTRIBUTIONS

The Services does not offer users to submit or postcontent. We may provide you with the opportunity to create, submit, post,display, transmit, perform, publish, distribute, or broadcast content andmaterials to us or on the Services, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively, ‘Contributions’).Contributions may be viewable by other users of the Services and throughthird-party websites. As such, any Contributions you transmit may be treated inaccordance with the Services’ Privacy Policy. When you create or make availableany Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission,     public display, or performance, and the accessing, downloading, or copying     of your Contributions do not and will not infringe the proprietary rights,     including but not limited to the copyright, patent, trademark, trade     secret, or moral rights of any third party.
• You are the creator and owner of or have the     necessary licences, rights, consents, releases, and permissions to use and     to authorise us, the Services, and other users of the Services to use your  Contributions in any manner contemplated by the Services and these Legal     Terms.
• You have the written consent, release, and/or  permission of each and every identifiable individual person in your     Contributions to use the name or likeness of each and every such     identifiable individual person to enable inclusion and use of your     Contributions in any manner contemplated by the Services and these Legal     Terms.
• Your Contributions are not false, inaccurate,  or misleading. 
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain     letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd,  lascivious, filthy, violent, harassing, libellous, slanderous, or     otherwise objectionable (as determined by us). 
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to     promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to     protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender,     sexual preference, or physical handicap.
• Your Contributions do not otherwise violate,     or link to material that violates, any provision of these Legal Terms, or     any applicable law or regulation.

Any use of the Services in violation of theforegoing violates these Legal Terms and may result in, among other things,termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENCE

You and Services agree that we may access, store, process, and use anyinformation and personal data that you provide following the terms of thePrivacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, youagree that we can use and share such feedback for any purpose withoutcompensation to you.

We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are not liablefor any statements or representations in your Contributions provided by you inany area on the Services. You are solely responsible for your Contributions tothe Services and you expressly agree to exonerate us from any and allresponsibility and to refrain from any legal action against us regarding yourContributions.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings.When posting a review, you must comply with the following criteria: (1) youshould have firsthand experience with the person/entity being reviewed; (2)your reviews should not contain offensive profanity, or abusive, racist,offensive, or hateful language; (3) your reviews should not containdiscriminatory references based on religion, race, gender, national origin,age, marital status, sexual orientation, or disability; (4) your reviews shouldnot contain references to illegal activity; (5) you should not be affiliatedwith competitors if posting negative reviews; (6) you should not make anyconclusions as to the legality of conduct; (7) you may not post any false ormisleading statements; and (8) you may not organise a campaign encouragingothers to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We haveabsolutely no obligation to screen reviews or to delete reviews, even if anyoneconsiders reviews objectionable or inaccurate. Reviews are not endorsed by us,and do not necessarily represent our opinions or the views of any of ouraffiliates or partners. We do not assume liability for any review or for anyclaims, liabilities, or losses resulting from any review. By posting a review,you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,fully paid, assignable, and sublicensable right and licence to reproduce,modify, translate, transmit by any means, display, perform, and/or distributeall content relating to review.

12. THIRD-PARTYWEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links toother websites (‘Third-Party Websites’) as well as articles, photographs, text,graphics, pictures, designs, music, sound, video, information, applications,software, and other content or items belonging to or originating from thirdparties (‘Third-Party Content’). Such Third-Party Websites and Third-PartyContent are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Services or any Third-Party Contentposted on, available through, or installed from the Services, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of anyThird-Party Websites or any Third-Party Content does not imply approval orendorsement thereof by us. If you decide to leave the Services and access theThird-Party Websites or to use or install any Third-Party Content, you do so atyour own risk, and you should be aware these Legal Terms no longer govern. Youshould review the applicable terms and policies, including privacy and datagathering practices, of any website to which you navigate from the Services orrelating to any applications you use or install from the Services. Anypurchases you make through Third-Party Websites will be through other websitesand from other companies, and we take no responsibility whatsoever in relationto such purchases which are exclusively between you and the applicable thirdparty. You agree and acknowledge that we do not endorse the products orservices offered on Third-Party Websites and you shall hold us blameless fromany harm caused by your purchase of such products or services. Additionally,you shall hold us blameless from any losses sustained by you or harm caused toyou relating to or resulting in any way from any Third-Party Content or anycontact with Third-Party Websites.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor theServices for violations of these Legal Terms; (2) take appropriate legal actionagainst anyone who, in our sole discretion, violates the law or these LegalTerms, including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse,restrict access to, limit the availability of, or disable (to the extenttechnologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to removefrom the Services or otherwise disable all files and content that are excessivein size or are in any way burdensome to our systems; and (5) otherwise managethe Services in a manner designed to protect our rights and property and tofacilitate the proper functioning of the Services.

14. PRIVACY POLICY

We care about data privacy and security. Please review our PrivacyPolicy By using the Services, you agree to be bound by our Privacy Policy,which is incorporated into these Legal Terms. Please be advised the Servicesare hosted in the United Kingdom. If you access the Services from any otherregion of the world with laws or other requirements governing personal datacollection, use, or disclosure that differ from applicable laws in the UnitedKingdom, then through your continued use of the Services, you are transferringyour data to the United Kingdom, and you expressly consent to have your datatransferred to and processed in the United Kingdom.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you usethe Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUTLIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOURUSE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANYCONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OURSOLE DISCRETION.

If we terminate or suspend your account for any reason, you areprohibited from registering and creating a new account under your name, a fakeor borrowed name, or the name of any third party, even if you may be acting onbehalf of the third party. In addition to terminating or suspending youraccount, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of theServices at any time or for any reason at our sole discretion without notice.However, we have no obligation to update any information on our Services. Wealso reserve the right to modify or discontinue all or part of the Serviceswithout notice at any time. We will not be liable to you or any third party forany modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We mayexperience hardware, software, or other problems or need to perform maintenancerelated to the Services, resulting in interruptions, delays, or errors. Wereserve the right to change, revise, update, suspend, discontinue, or otherwisemodify the Services at any time or for any reason without notice to you. Youagree that we have no liability whatsoever for any loss, damage, orinconvenience caused by your inability to access or use the Services during anydowntime or discontinuance of the Services. Nothing in these Legal Terms willbe construed to obligate us to maintain and support the Services or to supplyany corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws ofthe United Kingdom, and the use of the United Nations Conventionof Contracts for the International Sales of Goods is expressly excluded. Ifyour habitual residence is in the EU, and you are a consumer, you additionallypossess the protection provided to you by obligatory provisions of the law inyour country to residence. Zyada and yourself both agree to submit to thenon-exclusive jurisdiction of the courts of __________, which means that youmay make a claim to defend your consumer protection rights in regards to theseLegal Terms in the United Kingdom, or in the EU country in which you reside.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy,or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the’Disputes’) brought by either you or us (individually, a ‘Party’ andcollectively, the ‘Parties’), the Parties agree to first attempt to negotiateany Dispute (except those Disputes expressly provided below) informally for atleast thirty (30) days before initiating arbitration. Such informalnegotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to theseLegal Terms shall be determined by one arbitrator who will be chosen inaccordance with the Arbitration and Internal Rules of the European Court ofArbitration being part of the European Centre of Arbitration having its seat inStrasbourg, and which are in force at the time the application for arbitrationis filed, and of which adoption of this clause constitutes acceptance. The seatof arbitration shall be the United Kingdom. The language of theproceedings shall be __________. Applicable rules of substantive law shall bethe law of the United Kingdom.

Restrictions

The Parties agree that any arbitration shall be limited to the Disputebetween the Parties individually. To the full extent permitted by law, (a) noarbitration shall be joined with any other proceeding; (b) there is no right orauthority for any Dispute to be arbitrated on a class-action basis or toutilise class action procedures; and (c) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf of thegeneral public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to theabove provisions concerning informal negotiations binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, orunauthorised use; and (c) any claim for injunctive relief. If this provision isfound to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to beillegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.

19. CORRECTIONS

There may be information on the Services that contains typographicalerrors, inaccuracies, or omissions, including descriptions, pricing,availability, and various other information. We reserve the right to correctany errors, inaccuracies, or omissions and to change or update the informationon the Services at any time, without prior notice.

20.DISCLAIMER

THE SERVICES ARE PROVIDED ON ANAS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BEAT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENTOR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICESAND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS INANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLEVIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OURDIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THEFORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BYYOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.

22. INDEMNIFICATION

You agree to defend, indemnify,and hold us harmless, including our subsidiaries, affiliates, and all of ourrespective officers, agents, partners, and employees, from and against anyloss, damage, liability, claim, or demand, including reasonable attorneys’ feesand expenses, made by any third party due to or arising out of: (1) use of theServices; (2) breach of these Legal Terms; (3) any breach of yourrepresentations and warranties set forth in these Legal Terms; (4) yourviolation of the rights of a third party, including but not limited tointellectual property rights; or (5) any overt harmful act toward any otheruser of the Services with whom you connected via the Services. Notwithstandingthe foregoing, we reserve the right, at your expense, to assume the exclusivedefence and control of any matter for which you are required to indemnify us,and you agree to cooperate, at your expense, with our defence of such claims.We will use reasonable efforts to notify you of any such claim, action, or proceedingwhich is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain datathat you transmit to the Services for the purpose of managing the performanceof the Services, as well as data relating to your use of the Services. Althoughwe perform regular routine backups of data, you are solely responsible for alldata that you transmit or that relates to any activity you have undertakenusing the Services. You agree that we shall have no liability to you for anyloss or corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sendingus emails, and completing online forms constitute electronic communications.You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Services, satisfy any legal requirementthat such communication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances, or other lawsin any jurisdiction which require an original signature or delivery orretention of non-electronic records, or to payments or the granting of creditsby any means other than electronic means.

25. MISCELLANEOUS

These Legal Terms and anypolicies or operating rules posted by us on the Services or in respect to theServices constitute the entire agreement and understanding between you and us.Our failure to exercise or enforce any right or provision of these Legal Termsshall not operate as a waiver of such right or provision. These Legal Termsoperate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsibleor liable for any loss, damage, delay, or failure to act caused by any causebeyond our reasonable control. If any provision or part of a provision of theseLegal Terms is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Legal Termsand does not affect the validity and enforceability of any remainingprovisions. There is no joint venture, partnership, employment or agencyrelationship created between you and us as a result of these Legal Terms or useof the Services. You agree that these Legal Terms will not be construed againstus by virtue of having drafted them. You hereby waive any and all defences youmay have based on the electronic form of these Legal Terms and the lack ofsigning by the parties hereto to execute these Legal Terms.

26. CONTACT US

In order to resolve a complaintregarding the Services or to receive further information regarding use of theServices, please contact us at: hello@zyada.co.uk