WI-FREE.COM – GENERAL TERMS AND CONDITONS OF USE
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCEPTING THEM AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU ACCESS TO OUR SITE AND SERVICES. FOR THE PURPOSES OF THESE TERMS, “SITE” MEANS WWW.WI-FREE.COM http://www.wi-free.com/ OR ANY OTHER URL's OWNED OR OPERATED BY US. THESE TERMS AND CONDITONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).
1. Agreement to Use the Site
1.1 You accept to be bound by this contract by clicking on 'Submit' or 'I Agree' and/or by using or continuing to use the Services (as that term is hereinafter defined). After You (as that term is hereinafter defined) click on 'Submit' or 'I Agree' or when You use the Services, a legally binding agreement on these terms and conditions is concluded between, (a) You, the end user (“You” or “User”) and (b) Wi-Free Limited of Suite 31, Don House, 30-38 Main Street, Gibraltar, a company registered in Gibraltar under company number 101932. Wi-Free Limited is defined as “Wi-Free” “We”, “Us” or “Our” as appropriate.
1.3 We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time without Your consent. Notification of any amendment will be posted by Us on the Site and will be effective immediately. You are therefore responsible for regularly reviewing these Terms. By using this Site, You agree that the posting of new Terms on the Site will constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new Terms upon logging into the Site and clicking on 'Submit' or 'I Agree' shall constitute your express consent to such changes carried out to these Terms.
1.4 We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any features, database, or content on the Site, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or the Site without notice or liability to You for similar reasons.
1.5 Please note that these Terms shall prevail in the event of any conflict between these Terms and any other documents referred to herein.
2. Use of Our Services
2.1 Wi-Free provides a virtual private network (VPN) to users through the downloadable Wi-Free application (the “Software”). The Software enables users to receive the service of data exchange between their equipment (home computer, tablet, laptop, cell phone, etc.) and any other node in the Internet through one of our servers (the “Services”). The Software is accessible through our Site upon registration and either in the form of Electronic Vouchers or Card Vouchers purchased directly from our Partners which, upon payment subject to these Terms, will grant You access to unique voucher codes to enable You to access and use the Services (the “Voucher Codes”). The use of the Software is governed by these Terms and the provisions of the relevant End User Licence Agreement http://www.wi-free.com/legal/eula/ (“EULA”).
2.2 You agree to solely use the Services for lawful purposes and not to commit any act or omission which would constitute, encourage or procure an illegal use of the Services, giving rise to inter alia, a criminal or civil offence, or otherwise violate any applicable national or international law or regulation.
2.3 We reserve the right to terminate your use of the Services immediately and without prior notice to You if We, in our sole discretion, consider that You have in any way contravened these Terms. In such an event, we may charge a disconnection fee which You may be liable for hereunder.
2.4 If We terminate your use of the Services because of actual or suspected illegal use of the Services, We may forward such information as is requested from Us by any relevant law enforcement agency, authority, government, judicial or regulatory body for investigation.
2.5 Users agree to always act lawfully and follow Internet protocol and not to interfere in any way with Our network security, or attempt to use the Services to gain unauthorised access to any other computer system or network.
2.6 Users based in countries with restricted access to the Internet or other such restrictions shall use the Services at their own risk, including where such use or activity violates local laws in the country where the User does so. In any such event, the User shall inter alia, hold Wi-Free fully and effectively indemnified against any and all such actions, claims, demands, proceedings, charges and/or liabilities arising out of or in connection with any such use of the Service.
2.7 We are not liable for any loss or claim or other liability that may arise by or in connection with your use of the Service including without limitation any breach by You of any law or regulation applicable thereto anywhere in the world.
3. User Account Registration
3.1 To use the Services, You will first need to register and open a User Account with Us. You may access any of Our Services from your User Account. You can open a User Account with Us by choosing a unique User Account login name and password and entering other information that We ask for on Our registration form/ page on the Site such as (but not limited to) your first and last name, residential address, email birth date (hereinafter a “User Account”).You shall ensure that the details provided to Us on registration are accurate and kept up to date at all times. You can change the details You provide Us at registration at any time by editing your User Account preferences. Please Contact Us for further information http://www.wi-free.com/contacts.html.
3.2 There are no set-up charges for opening your User Account. We are not a bank, lending or similar institution and therefore funds are not insured by any government agency or under any compensation scheme. All payments made by You must be paid in the currencies available on the Services from time to time and shall not bear interest and You shall ensure that all payments made by You are from a payment source for which You are the named account holder. We have no fiduciary duties or obligations towards You.
3.3 The name on your User Account must match your true and legal name and identity and the name on your User Account registration must match the name on the credit card(s) or other payment accounts used to purchase Vouchers. To verify your identity, We reserve the right to request satisfactory proof of identity (including but not limited to certified copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a certified recent utility bill or bank statement) at any time. Failure to supply such documentation to Us on our request may result in suspension of the User Account at our sole discretion.
3.4 You may not hold more than one (1) User Account in connection with your use of the Services. If You have more than one (1) User Account or User Accounts in different names, then You must contact us http://www.wi-free.com/contacts.html immediately to have Your User Accounts managed so that You only have one (1) User Account. We reserve the right to close your User Account(s) if You open multiple User Accounts. Should We have reasonable grounds to believe that multiple User Accounts have been opened with the intention to defraud Us, We reserve the right to cancel any transaction related to said fraud attempt. If You have lost your User Account login name or password, please contact Us for a replacement https://secure.wi-free.com/reminder/.
4. Payment Processors
In order to use the Services, You will be required to send money to Us to purchase Vouchers. We may use third-party electronic payment processors and/or financial institutions to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such payment processors to handle payment from You to purchase Vouchers and You irrevocably agree that We may give such instructions on your behalf in accordance with your requests as submitted to Us using the relevant feature on Our Site. You agree to be bound by the terms and conditions of use of each applicable payment service provider. In the event of conflict between these Terms and the payment processor's terms and conditions then these Terms shall prevail.
5. Disclosure of User Account Details
The User Account login name and password selected when You apply for registration should not be disclosed to any third party. You are solely responsible for the security of Your User Account login name and password. You agree to keep Your User Account login name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct login username and password is assumed by Us to be the rightful User Account holder and all transactions where the login username and password have been entered correctly will be regarded by Us as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login or password details. We shall not be required to maintain User Account names or passwords. If You misplace, forget, or lose your User Account login name, username or password as a result of anything other than Our error, We shall not be liable in any way.
6. Termination by You
You are entitled to close your User Account and terminate these Agreements on seven (7) days' notice to Us by sending a letter or email or telephoning Us using the details at http://www.wi-free.com/contacts.html. We will respond within a reasonable time provided that You continue to assume responsibility for all activity on your User Account until such closure has been effected by Us.
7. Termination by Us
7.2 You acknowledge that we have the right to, with or without notice, in our unfettered discretion, suspend or terminate your User Account on the occurrence of any one of the following:
a) You are found to be in material breach of these Terms;
b) We become aware that You have used or attempted to use (or allowed others to use or attempt to use) the Services for the purposes of fraud, collusion or unlawful or improper activity;
c) You engage in Spam Email or Spamming. Use of the Services for Spam Email (“Spam Email” or “Spamming”) includes, but is not limited to, the sending of unsolicited e-mails, sending of junk mail, use of distribution lists that include people who have not given specific permission to be included in such distribution process, excessive and repeated cross-posting and the e-mailing of age-inappropriate communications or content to anyone under the age of 18;
d) You use or allow others to use the Services in a way which violates any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
e) You use the Services in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail messages ("spamming"), "bulk" being defined as sending the same or substantially similar messages to more than 25 email users in a single day;
f) You use the Services in an attempt to hack into any computer or computer network (including the Site), or to access an account, message, or file which does not belong to You;
g) You use the Services in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or postings, or using any other method to disguise the sender's identity or location;
h) excessively using the Service in such a way as to limit the bandwidth available to others, or the use of ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection;
i) posting commercial messages to newsgroups where the posting is not approved by the specific newsgroup moderators;
j) using the Services to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, web servers, or streaming audio/video servers;
k) using the Services to promote or solicit competing Internet or other services;
l) using the Services for unauthorized relays through any third party systems without the express permission of the operator of such system;
m) attempting, in any way, to interfere with, or deny service to any user or any host on the Internet, or to monitor data or traffic on any network or system without the express authorisation of the owner of the system or network;
n) using the Services for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent of rendering the recipient and/or the electronic system serving that recipient dysfunctional;
o) using the Services to add or attempt to add addresses to any mailing list (other users or a third party's) without the explicit positive consent of the addressee(s);
p) using the Services to forward or post "chain letters" (multiple forwarding) of any type, or to post the same or similar messages to one or more news groups, forums, or email mailing lists in an excessive manner ("excessive" being defined as posting the same or substantially similar messages to ten or more groups in a single day);
q) attempting to cancel, supersede, or otherwise interfere with e-mail or postings other than your own;
r) engaging in harassment, whether through language, frequency, or size of messages;
s) using the Services to engage in attacks on computer systems, including overburdening (or attempting to overburden) a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks, or by means of viruses or software designed to create a virus or to do harm to any person or network;
t) performing any of the foregoing by using the services of another provider, but channelling such activities through the Services; or, furnishing false data on your User Account registration form, contract, or online application, (including providing fraudulent credit card or other payment information) or failing to provide the full name and a physical address for all persons using the Services through your User Account upon request by Us.
7.3 You are strictly forbidden from use of our Services for any background operation for applications that will transfer data through our servers. For example, email servers, FTP servers, etc.
7.4 In the event of an act of termination as provided by these Terms, We may at our sole discretion retain any and all amounts which You have paid for use of the Services. No credit will be given to You as a result of a period of suspension regardless of any outcome.
7.5 We are authorised by You to investigate any suspected violations of these Terms and suspend or terminate your User Account during any such investigation. If, as a result of any such investigation, We believe that any criminal activity has occurred, We reserve the right to refer the matter to, and to cooperate with, the appropriate law enforcement authorities. You agree to waive any claims against Us, and to hold Us entirely harmless and fully and effectively indemnify Wi-Free with respect to any claims, costs, charges or proceedings related to any action which We take as part of such an investigation or as a result of its determination that a violation of these Terms has occurred.
8. Account Activation & (Voucher) Service Plans
8.1 Your use of the Services shall be subject to activation of your User Account by Us.
8.2 User Account activation shall only be possible through revealing/activating the Voucher Codes. The length of your User Account being activated to allow You to access the Services shall correspond to the cost of Voucher and type of Service Plan purchased by You.
8.3 The different Voucher service plans are categorised as follows:
(a) Short Plan - 30 days;
(b) Medium Plan 90 days and
(c) Long Plan 180 days
(the “Service Plan(s)” or “Plans”) further details of which are available on the Site including the prices and different options regarding encryption service option. For the avoidance of doubt “days” means “calendar days”.
8.4 Please note that Users can activate the Electronic Vouchers whenever they desire and shall be entitled to the corresponding days of use for their purchased Plan. However, Vouchers in plastic card form, have expiration dates of 2 years, unlike electronic Voucher Cards which have no expiration date.
8.5 Users do not need to have a User Account to purchase Vouchers. Users can purchase Vouchers through our payment processors, the details of which can be found on our Site. The payment processors are independent from Us.
8.6 Users must provide their payment details to the payment processor in order to purchase the Vouchers. Users must have a User Account in order to utilize any Vouchers purchased and Our Services.
9. Voucher Codes
9.1 Upon purchase by You of any Electronic Vouchers directly from Us we will grant You access to the Voucher Codes after successful transaction of Voucher purchase via your User Account immediately and without any delays subject to the following exceptions:
(a) Payment processors used for the purchase of Vouchers may require some lead time for payment authorization and verification of your details (usually a few hours from time of purchase) to ensure that the payment is duly processed and is cleared as legal and valid. For the avoidance of doubt, We will only be obligated to release the Voucher Codes to You once Our payment processors clear your purchase or payment transaction with Us passing all security checks (including those imposed by Us at Our own discretion).
(b) A User can only use one Voucher at any one time immediately regardless of whether multiple Vouchers are purchased, in any given transaction. This is subject to any lead time required by the payment processor to verify the payment (as above). As soon as the payment processor finds the transaction to be valid, the User receives the other Vouchers via email.
(c) If any transaction is considered to be fraudulent either by Ourselves or via our payment processors.
9.2 Electronic Vouchers can be purchased either from Wi-Free directly or from Our Partners.
9.3 Card Vouchers may only be purchased from Our Partners. Card Vouchers purchased from Partners are not subject to any refund. The Voucher Codes can be found under the removable safety scratched-off layer on the Card Vouchers as per the instructions on the back of the Card Voucher.
10. Authorised and Unauthorised Partners
10.1 Users may purchase Vouchers which contain Voucher Codes directly through this Site or through our Authorised Partners. Details of our Authorised Partners are available on our Site http://www.wi-free.com/resellers/.
10.2 Cancellation of any Vouchers or refunds can only be carried out in accordance with these Terms and the terms of our Refund Policy http://www.wi-free.com/legal/refund-policy/.
10.3 We are not liable for Voucher Codes purchased by You from any Partners. Wi-Free reserves the right but is no obliged to at its sole discretion and without liability to You to cancel or suspend the Service without your consent if We consider your purchase of Vouchers fraudulent or illegal in any way. If your Voucher was purchased from an Authorised Partner and any transaction is considered fraudulent then We may be unable to disconnect Your User Account. If your Voucher was purchased from an Unauthorised Partner and any transaction is considered fraudulent then We will immediately disconnect Your User Account as a result.
Please consult the terms of our Refund Policy http://www.wi-free.com/legal/refund-policy/.
11. Transferring Voucher Codes to third parties
The User can transfer Voucher Codes to third parties. In this case, however, only the registered User, (a person who has an active User Account with Us) not the third party, is authorised to cancel the Services. Any third party obtaining Voucher Codes from a User in this manner should note that the registered User is the only person who can cancel the Services without the third party's consent. Wi-Free is not liable in any way for any loss or inconvenience caused to any User or to any third parties involved in these arrangements and third parties are encouraged to become registered Users themselves.
12. Cancellation and Refund Policy
12.1 The User cannot change his Service Plan once purchased and Voucher Codes released. He can do this only by cancelling the Voucher/ Service (only in accordance with the Refund Policy http://www.wi-free.com/legal/refund-policy/), and then purchasing a new Service Plan.
12.2 Your User Account once activated through the Voucher with encryption enables using the encryption option in the Wi-Free application Service but the User can elect not to purchase Service/ Voucher with encryption. We make no distinction for the purposes of transferring any credit on cancellation refund or otherwise between Vouchers purchased and cancelled with encryption and Vouchers purchased or cancelled without encryption notwithstanding any difference in cost of each Voucher or related Service Plan and regardless of whether they are Electronic or Card Vouchers
12.3 Vouchers purchased from our Partners in card form are non-refundable.
13. Intellectual Property Rights
13.1 The Services and any firmware or Software used to provide the Services or provided to You in conjunction with providing the Services, or embedded in any device, and all Services, information, documents and materials on our Site are protected by trademark, copyright or other intellectual property laws and international treaty provisions.
13.2 All content on our Sites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Wi-Free are and shall remain the exclusive property of Wi-Free and nothing in these Terms shall grant You or any person the right to license to use such marks. User hereby acknowledges that no license is given by Wi-Free to use the firmware or Software used to provide the Service or provided to You in conjunction with providing the Services, or embedded in any device, other than a non-transferable, revocable license to use such firmware or Software (without making any modification thereto) strictly in accordance with these Terms and as more particularly set out in our EULA http://www.wi-free.com/legal/eula/.
13.3 All intellectual property such as Trademark, logos, slogans, trade dress, code and software design and graphic symbols on packaging, products, electronic communication or services are the properties of Wi-Free, the use of which requires express written permission from Wi-Free. Use of confusingly similar or disparaging terms thereof is a violation of our intellectual property rights. © 2012, All Rights Reserved - and all other marks mentioned in these Terms, Sites or document are the property of their respective owners.
14. WARRANTIES, LIMITATIONS AS TO LIABILITY AND INDEMNIFICATION
14.1 Wi-Free makes every effort to provide a high level of Service, however, Wi-Free shall not be liable for any delay or failure to provide the Services, including the ability to connect to any access point or network (or establish any form of communication), at any time or from time to time, or any suspension, interruption, low speed, or degradation of service levels that is caused by any of the following:
(a) Act or omission of an underlying carrier, internet or other service provider, vendor or other third party;
(b) Equipment, network or facility failure;
(c) Equipment, network or facility upgrade or modification;
(d) Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
(e) Equipment, network or facility shortage;
(f) Equipment or facility relocation;
(g) Service, equipment, network or facility failure caused by the loss of power to User; or
(h) Any other cause that is beyond Wi-Free's control, including without limitation the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, including any international access points, or degradation of connection, transmission or connection speed or connection quality.
14.2 You agree that, should the Services be used to send or receive data or other communications, Wi-Free is not acting as a data, telecommunications carrier or internet service provider, and further that there is no representation made by Wi-Free as to the suitability of the Services for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely at the risk of the User, and that Wi-Free has no liability of any sort for the failure or lack of quality of such use of the Services.
14.3 The liability of Wi-Free for damages (of whatever nature including but not limited to: contract, tort (including negligence) or strict liability) shall in no event exceed the level of positive prepaid credit or funds in the User Account on the date at which time as such breach is alleged by You.
14.4 In the event that certain jurisdictions do not allow for the exclusion of certain warranties or forms of liability, some of the exclusions set forth in these Terms may be held not to apply. In such event Wi-Free's maximum liability for any type of damages (whether in contract, tort, strict liability or other) with respect to the Services (including but not limited to any third party network provider) shall be limited to the level of positive prepaid credit funds in the User's Account on the date at which time as such breach is alleged by You.
Indirect or Consequential Damages
14.5 In no event shall Wi-Free, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to You under or in connection with the Services or these Terms be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Services, including inability to be able to connect to the Services. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Wi-Free was informed of the likelihood of any particular type of damages.
14.6 Users hereby agree to defend, indemnify, and hold harmless Wi-Free, its officers, directors, employees, affiliates, associates, agents, partners and any other service provider who on behalf of Wi-Free furnishes services to You under or in connection with the Services or these Terms, from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees) by, or on behalf of, Users or any third party or user of the Services. This paragraph shall survive termination of this Agreement.
No Warranties on Service
14.7 Wi-Free makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the products or Services for a particular purpose.
14.8 The Services are provided on an “as is” and “as available” basis. Wi-Free does not warrant that the Services will be without service failure, delay, interruption, error, degradation of connection speed or quality or loss of content, data or information or that defects will be corrected, or content, information, software or other material accessible through the Services will be free of viruses, "worms", "Trojan horses", or other harmful components. Neither Wi-Free nor its officers, directors, employees, affiliates, partners or agents or any other service provider or vendor who furnishes services or products to You under or in connection with the Services or these Terms will be liable for unauthorized access to Wi-Free or User's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of User's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Wi-Free or its service provider's or vendors' negligence. Statements and descriptions concerning any aspect of the Services on our Site or otherwise, if any, by Wi-Free or its agents, Partners or installers are informational only and are not given as a warranty of any kind.
14.9 We do not guarantee that Users will be able to access or use the Services at all times. Wi-Free may change, suspend, or discontinue any (or all) aspects of the Services at any time.
14.10 Wi-Free does not guarantee the security or back-up of any of your data which may be stored on a remote computer by means of the Services. Users are solely responsible for backing up any such data.
15. No Third Party Rights
No provision of these Terms provides any person or entity not a party hereto, with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
16.1 Information available through access to the Services may include controversial, sexually explicit, or other material that may be offensive to You or other users. Wi-Free has no responsibility for or control over such material, and You take sole responsibility for using any available screening software or other methods of limiting access to any material You, or others may find objectionable.
16.2 You are solely liable for any and all liability that may arise out of the content transmitted by or received by you using the Services. You shall ensure that use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Wi-Free reserves the right to terminate or suspend affected Services, and/or remove You or users' content from the Services, if Wi-Free determines that such use or content does not conform with the requirements set forth in these Terms or interferes with Our ability to provide Services to You or others or receives notice from anyone that You or users use or content may violate any laws or regulations. Wi-Free's actions or omissions under this clause shall not constitute review or approval of your or Users' use. You will indemnify and hold Us harmless against any and all liability arising from the content transmitted by You using the Services.
From time to time Wi-Free may run promotional offers where we offer products or Services for reduced cost or in some instances free of charge. Such promotions are run entirely at Wi-Free sole discretion and we reserve the right to cancel or amend such promotions at any time and without further notice.
18. Notices/ Complaints
18.1 If You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to email@example.com. You may also submit notices to Us in writing to: Customer Services Manager, http://www.wi-free.com/contacts.html.
18.2 All notices and communications between us shall be deemed to have been duly dispatched and served if sent by email on the same day after despatch if sent to the last known and registered email address on Our system. It is your sole responsibility to keep your contact details updated and accurate at all times and to contact us on http://www.wi-free.com/contacts.html for any updates.
20. Data Protection
20.2 You should assume that all use of Our Site, and emails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services.
21. No Assignment
You may not assign your rights or obligations under these Terms unless with the express written permission of Wi-Free. Wi-Free may at its sole discretion assign its rights to any Company.
22. No Partnership
Nothing in this Agreement shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way.
23. No Waiver of rights
In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
24. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Gibraltar. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Gibraltar for settlement of any disputes or matters arising out of or concerning these Terms or their enforceability. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Terms, which shall remain valid and enforceable according to their terms.
25. English Version to Prevail
If these Terms are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version.
*Last updated 15th November 2012