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Mobile Messaging Program Policy and Terms of Use

Mobile Messaging Program Policy and Terms of Use

Introduction

  • We operate a mobile messaging program (“MMP”). Your participation in the MMP constitutes your express consent to receive messages (for example SMS, MMS, Instant messaging including WhatsApp messages, In-app messages etc.) that may be sent using an automatic telephone dialling system.
  • By providing your mobile phone number and opting into the MMP you agree to these terms, and acknowledge our Client Privacy Policy and Online Privacy Policy.
  • If you do not agree to these terms you must immediately discontinue your participation in the MMP by following the cancellation instructions outlined below.

Mobile Messaging Programme

  • The MMP may include recurring and non-recurring promotional and personalised marketing messages relating to call follow ups, promotions, products, events, reminders, special offers or other information that we think might be of interest to you.
  • We may use an automatic dialling system to send messages to the mobile phone number associated with your opt in.
  • Message and data rates may apply, please contact your mobile provider for pricing plans. Carriers are not liable for delayed or undelivered messages.
  • We may suspend or terminate this MMP or your participation in it without notice and/or message frequency may vary.
  • If you need help at any time, text “HELP” to
  • For the USA: +19723759486

Eligibility and Mobile Phone Number

  • You confirm you are at least 18 years old and that you are the account holder and bill payer for the relevant phone number you provide and have the authority to opt-in.
  • You are responsible for updating your mobile phone number and notifying us immediately if you change your mobile phone number.
  • You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your mobile phone number.

Cancellation

  • To cancel your participation in the MMP, text the word “STOP” to
  • For the USA: +19723759486
  • After texting “STOP” to the above number you will receive one further message confirming you have opted-out.
  • If you want to join again, you can re-join in the same way you opted-in the first time.

Privacy

Governing Law

  • This Policy and Terms of Use are interpreted and enforced in accordance with the laws of England and Wales. All dispute resolution proceedings will be conducted in England and Wales.
  • Save for MMP operating in the United States of America, where the laws of the State of New York, USA shall apply excluding its conflict of laws principles. Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of three arbitrators. The place of arbitration will be New York. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Class Action Waiver – US only

  • To the fullest extent permitted by applicable law, any proceeding to any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
  • Both we and you agree that no arbitrator shall have authority to conduct any arbitration in violation of the class action waiver or to issue any relief that applies to any person or entity other than we or you individually. The parties acknowledge that this class action waiver is material and essential to the arbitration of any claims and is non-severable from this Agreement.
  • For the avoidance of doubt, YOU HEREBY WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON.
  • If the class action waiver above is found to be unenforceable in arbitration or if any part of this section ‘Class Action Waiver – US only’ is found to be invalid or unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue of New York, New York, U.S.A.

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