Nextbase Emergency SOS Service Terms & Conditions
Nextbase Emergency SOS Service Terms & Conditions
Nextbase Emergency SOS Service Terms & Conditions
IMPORTANT
EOS Service
Rights of Contract
Permissible restrictions on use
Our responsibility
Which laws apply to these terms and where You may bring legal proceedings
Sample termination form
IMPORTANT
- YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCEPT THESE TERMS - IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, YOU ARE NOT PERMITTED TO USE THE MYNEXTBASE EMERGENCY SOS SERVICE AND YOU ARE NOT AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF ANY COMPANY YOU REPRESENT.EPT 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 WANT TO RELY - FOR EXAMPLE, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY.
- BY CLICKING THE "ACCEPT" BUTTON, YOU AGREE TO THESE TERMS AND CONDITIONS, AND THEY ARE BINDING ON YOU OR THE COMPANY YOU REPRESENT.
- IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "ACCEPT" AS THIS WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS.
- IF YOU ARE A CONSUMER PURCHASING A PAID SUBSCRIPTION TO THE MYNEXTBASE EMERGENCY SOS SERVICE, BY CLICKING THE "ACCEPT" BUTTON, YOU AGREE THAT WE MAY BEGIN PROVIDING THE SERVICES IMMEDIATELY, EVEN IF ANY STATUTORY COOLING-OFF PERIOD YOU HAVE AS A CONSUMER HAS NOT YET EXPIRED. THIS DOES NOT AFFECT YOUR STATUTORY COOLING-OFF RIGHTS – PLEASE SEE SECTION 11.4 BELOW FOR FURTHER INFORMATION.
- PLEASE NOTE - IMPORTANT SERVICE INFORMATION, LIMITATIONS AND RESTRICTIONS:
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- The MyNextbase Emergency SOS service is designed to alert emergency services in situations where the user has been involved in an accident that renders them unable to alert emergency services themselves. The service will not notify emergency services of all accidents—for example, low-speed accidents will not be reported to emergency services, nor will accidents where the notification process is aborted before alerting emergency services (e.g., if the user cancels the alert because they are unable to act after the accident).
- Users must immediately cancel the automatic alarm process if they are unable to act after an accident or if, for any reason, emergency services are not required after the accident in question. The automatic alarm process can be stopped or canceled at any time before the emergency services are notified of the accident in question.
- The MyNextbase Emergency SOS service is not a guaranteed service and depends on a number of factors, including those detailed in sections 3.3.7 (e.g., the service may be impaired or unavailable if your mobile device and/or dashcam is damaged in an accident) and 6 (e.g., enabling location services). If these requirements are not met, the MyNextbase Emergency SOS service will NOT function .
- The MyNextbase Emergency SOS service is in no way a substitute for manually calling emergency services in the event of an accident, and you should still take general, prudent safety precautions—for example, ensuring that you inform others of your route, destination, and estimated time of arrival while traveling. For the meaning of "you" and "your," please refer to the explanation in the "Eligibility to Purchase" section 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 vehicles or personnel, or the provision of medical or rescue services. The MyNextbase Emergency SOS service ends when the emergency services have been notified of the accident in question. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SERVICES PROVIDED BY THE EMERGENCY SERVICES OR FOR THEIR DELAY IN PARTICIPATION OR FAILURE TO PARTICIPATE.
- The MyNextbase Emergency SOS service is not available for download and/or use in all countries - see sections 10.1 and 10.2 for further information.
- You must have a MyNextbase Emergency SOS service user registration and an active product subscription (chargeable after the initial 12-month subscription supplied with eligible Nextbase dashcams - see activation deadline below).
- Qualifying Nextbase dashcams come with a 12-month subscription to the MyNextbase Emergency SOS service, which, in order to function, must be activated by the user upon request. This subscription will automatically expire if not activated within 12 months of the first sale of the relevant dashcam.
- If you are entering into these terms in the United States, please read the mandatory arbitration clause and class action waiver under the heading "Which laws govern these terms and where you can go to court." This provision affects how disputes related to these terms will be resolved.
- Please check that you have a compatible Nextbase Dashcam before signing up for the MyNextbase Emergency SOS service – please visit our website for more information. A smartphone handset with call and data capability (including roaming where applicable) is also required.
- We recommend that you enter 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. For what "we" means, see the "Who We Are" section below.
- These Terms must be read in conjunction with the MyNextbase Software End User License Agreement ("EULA"), which grants you rights and contains terms and conditions that apply to you with respect to 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 (see the explanation of what "Us" means in the "Who We Are" section below) to discuss them before joining (see the "Contact Us" section below for contact details).
- If you require legal advice about these Terms, please contact your legal advisor or, if you are a UK resident, the Citizens Advice Bureau before seeking it.
- Some of these terms apply only to consumers. A "consumer" is a person acting for purposes that are wholly or predominantly outside that person's trade, business, craft, or profession. For example, limited companies are not "consumers," nor are individuals who use the MyNextbase Emergency SOS services wholly or predominantly for business purposes.
- When We use words such as in particular, for example, including or a similar expression , We are giving examples and these words do not limit the meaning of the words, description, definition, sentence or term that follows those words.
- We use some terms in these Terms that have a specific meaning. When we do so, we will either bold the term the first time we use it, or we will tell you where to find the meaning of that term the first time it is used in these Terms.
- Eligibility to purchase. If you are not a consumer, you confirm that you have the authority to bind the entity for which you are accepting these Terms. In this context, references to "you" and "your" will refer to that entity. Otherwise, references to "you" and "your" will refer to you, the individual entering into these Terms.
1) These conditions
1.1) What these terms cover. These are the terms and conditions on which We provide the MyNextbase Emergency SOS service to You.1.2) These terms must be read in conjunction with the EULA.
1.2.1) The EULA contains a license to use the software associated with the MyNextbase Emergency SOS service (including the MyNextbase Connect mobile application) and contains important terms that apply to you in addition to these Terms of Use.
1.2.2) In the event of any conflict between these Terms and Conditions and the EULA, these Terms and Conditions will govern with respect to the MyNextbase Emergency SOS Service to the extent of such conflict, instead of the provisions of the EULA.
1.3) Why you should read them. Please read these terms carefully before signing up for 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's a problem, and other important information. If you think there's a mistake in these terms, please contact Us to discuss it with Us before you accept them.
1.4) These Terms refer to the following additional terms and conditions, which also apply to the MyNextbase Emergency SOS service:
1.4.1) Our Privacy Policy.
1.4.2) Our Cookie Policy which sets out information about the cookies on Our site.
1.4.3) The EULA.
2) Information about Us and how to contact Us
2.1) Who We Are. We are Portable Multimedia Limited (company number 04038169, England) trading as "Nextbase." Our registered office is at Floor 6, 230 Blackfriars Road, London, SE1 8NW, England. We are referred to as "We," "Us," or "Our" in these Terms.
2.2) How to contact Us.
2.2.1) 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:
2.2.1.1) for Great Britain:
2.2.1.1.1) email: support@nextbase.com;
2.2.1.1.2) write to Us at Nextbase Product Support Centre, Unit 2 Caerphilly Business Park, Caerphilly, CF83 3ED, England; or2.2.1.2) For all other countries: Please use your local contact details as shown on Our Website , unless you wish to end this Agreement in which case please contact Us as set out in Section 11 below.
2.2.1.3) We will promptly acknowledge receipt of your postal and email communications, usually by email.
2.2.1.4) You can also report issues with the MyNextbase Emergency SOS service using the MyNextbase Connect mobile application.
2.3) How We May Contact You. If We need to contact you, We will do so by phone, email, SMS, in-app notification, or prepaid mail using the contact details you have provided.
2.4) "In writing" includes emails. When we use the words "in writing" or "written" in these terms, this includes emails.
3) Our contract with you for the MyNextbase Emergency SOS service:
3.1) These terms and conditions apply from the moment you click the "Accept" button when signing up for the MyNextbase Emergency SOS service.
3.2) Because initial subscriptions equipped with Qualifying Dash Cams (i.e., unpaid subscriptions) are provided to you free of charge, they are provided "as is." This means, for example, that we make no representations that these services will be of satisfactory quality, fit for a particular purpose, or as described. Please also see the further exclusions in the "Full Agreement" section below.
3.3) Scope of services, requirements and restrictions:
3.3.1) 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 vehicles or personnel, or the provision of medical or rescue services. The MyNextbase Emergency SOS service ends when the emergency services have been notified of the accident in question. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SERVICES PROVIDED BY THE EMERGENCY SERVICES OR FOR THEIR DELAY IN PARTICIPATION OR FAILURE TO PARTICIPATE.
3.3.2) The MyNextbase Emergency SOS service is designed to alert emergency services in situations where the user has been involved in an accident that renders them incapacitated to alert emergency services themselves. The service will not notify emergency services of all accidents—for example, low-speed accidents will not be reported to emergency services, nor will accidents where the notification process is aborted before alerting emergency services (e.g., if the user cancels the alert because they are incapacitated after the accident).
3.3.3) The MyNextbase Emergency SOS service is not a guaranteed service and is dependent on several factors, including those listed in sections 3.3.7 (e.g., the service may be impaired or unavailable if mobile devices and/or dashcams are damaged in an accident) and 6 (e.g., activation of location services). If these requirements are not met, the MyNextbase Emergency SOS service will NOT function .
3.3.4) We do not offer any uptime or availability guarantees with respect to the MyNextbase Emergency SOS service and it should not be relied upon as the sole method of contacting emergency services in the event of an accident.
3.3.5) The MyNextbase Emergency SOS service is in no way a substitute for manually calling in the event of an accident and you should still take general, prudent safety precautions - for example, ensuring that you inform others of your route, destination and estimated time of arrival when travelling.
3.3.6) The MyNextbase Emergency SOS service is not available for download and/or use in all countries; for further information, please see sections 10.1 and 10.2.
3.3.7) 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:
3.3.7.1)The MyNextbase Connect app must be installed and open on the respective smartphone handset;
3.3.7.2)The corresponding smartphone handset must be in your possession and in your vehicle;
3.3.7.3) The relevant smartphone handset must have call and data capability (including call and data roaming where applicable, which may incur a separate charge from your mobile operator) and location services to be active (see Section 6 below for further details);
3.3.7.4) The corresponding smartphone handset must have low-power Bluetooth and be active;
3.3.7.5) The dashcam and mobile phone must each have a paired Bluetooth connection and sufficient battery capacity to complete the notification process; and
3.3.7.6) You must have a MyNextbase Emergency SOS user registration and an active MyNextbase Emergency SOS service subscription (chargeable after the initial 12-month subscription offered with eligible dashcams - see section 3.4 below for activation time limits).
3.3.8) PLEASE ALSO REFER TO THE LIMITATIONS AND EXCLUSIONS IN THE "COMPLETE AGREEMENT" SECTION BELOW.
3.3.9) IMPORTANT: Please be aware that the performance and availability of the MyNextbase Emergency SOS service may be affected (possibly including complete unavailability of the service) if an accident occurs that results in damage to one or both of the paired mobile phone devices or dash cameras.
3.3.10) The MyNextbase Emergency SOS service is only to be used in conjunction with compatible Nextbase Dashcam products - please visit our website for further information.
3.3.11) For detailed information on the features, functionality requirements and limitations of the MyNextbase Emergency SOS service, please visit our website.
3.4) Qualifying Nextbase dashcams come with a 12-month subscription to the MyNextbase Emergency SOS service, which, in order to function, must be activated by the user upon request. This subscription will automatically expire if not activated within 12 months of the first sale of the relevant dashcam.
3.5) If you wish to use the MyNextbase Emergency SOS service outside of the initial 12-month subscription period with eligible dashcams (see activation deadlines above), you will need to purchase a paid subscription through the MyNextbase Connect mobile application. Failure to do so will result in the service not working.
3.6) If you choose to subscribe to the MyNextbase Emergency SOS Service, our acceptance of your order will occur when we contact you and confirm our acceptance of that order. You will have access to the MyNextbase Emergency SOS Service from the time we accept your order.
3.7) The features and functionality of the MyNextbase Emergency SOS Service will be described from time to time on Our Website .
3.8) During the term of your subscription, we will provide the MyNextbase Emergency SOS service in accordance with these terms and conditions.
4) Intellectual property rights
4.1) You agree that all intellectual property rights in the MyNextbase Emergency SOS Service and related software throughout the world are owned by Us or Our licensors.
4.2) You agree that the rights to the MyNextbase Emergency SOS service and associated software are licensed (not sold) to you subject to these terms and the terms of the EULA.
4.3) 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 into similar agreements with other people, including on terms that may differ from these Terms.
4.4) You agree that you have no intellectual property rights in the MyNextbase Emergency SOS Service and associated software, except for the right to use it in accordance with these Terms and the EULA.
4.5) You do not have any rights to access the MyNextbase Emergency SOS service or the associated software in source code form.
4.6) You grant us a worldwide, royalty-free, sublicensable license to use the data, information, and documentation you use or upload with or to the MyNextbase Emergency SOS Service (including through the MyNextbase Connect mobile app), in each case for the purpose of providing, operating, analyzing, and improving the MyNextbase Emergency SOS Service and all equivalent and subsequent products. This license is perpetual and irrevocable (subject to your data protection rights).
4.7) If you are a consumer:
4.7.1) You represent and warrant to Us that You have all rights and consents (including those relating to data protection) necessary to grant Us the license set out in paragraph 4.6 above without infringing or violating any third-party rights.
4.7.2) You agree to fully indemnify Us against all claims, disputes, demands, liabilities, damages, losses, costs and expenses arising out of or in connection with any claim that any content you provide or upload using or to the MyNextbase Cloud Service (including any associated software) infringes any third party rights.
4.8) If you are not a consumer:
4.8.1) You represent and warrant that you have all rights and consents (including those relating to data protection) necessary to grant Us the license set out in paragraph 4.6 above without infringement or violation of any third-party rights.
4.8.2) You agree, upon request, to indemnify Us against all claims, disputes, demands, liabilities, damages, losses, costs and expenses arising out of or in connection with any claim that any content you provide or upload using or to the MyNextbase Cloud Service (including any associated software) infringes any third party rights.
5) How we use your data
5.1) For full information on how We use Your personal data please refer to Our Privacy Policy6) Location Services
6.1) The MyNextbase Emergency SOS service uses location data sent from your mobile device. If you install the MyNextbase Connect mobile application and subscribe to the MyNextbase Emergency SOS service, your location services must be turned on at all times for the service to work.
6.2) If you do not wish to share your location data, you will not be able to use the MyNextbase Emergency SOS service.
6.3) PLEASE NOTE: Disabling location services will prevent the MyNextbase Emergency SOS service from working.
6.4) By subscribing to the MyNextbase Emergency SOS Service, you agree that We and Our affiliates and licensees may transmit, collect, retain, maintain, process, and use Your location data to provide the MyNextbase Emergency SOS Service and to analyze and improve the MyNextbase Emergency SOS Service and equivalent and subsequent products. We will not use Your location data for any other purpose.
6.5) For detailed information about how We use your personal data, please see Our Privacy policy .
7) We may collect technical data about your phone and devices.
7.1) By using the MyNextbase Emergency SOS Service, you agree that we may collect and use technical information about the devices you use to access the MyNextbase Emergency SOS Service, as well as your associated 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. This information and data will be used in accordance with our Privacy policy.
8) Your rights to changes
8.1) If you have a subscription to the MyNextbase Emergency SOS service and would like to make a change to that subscription, please contact Us as described in Section 2.2.
8.2) We will inform you whether the change is possible. If possible, we will inform you of any price changes or anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to make the change.
8.3) If We cannot make the change or the consequences of the change are unacceptable to You, You may terminate this Contract in accordance with paragraph 11 (Your right to terminate the Contract).
9) Our rights to change
9.1) We may change the ESOS service and these terms:
9.1.1) to take into account changes in relevant laws and regulatory requirements;
9.1.2) to make technical adjustments and improvements, e.g. to address a security threat;
9.1.3) to reflect changes in Our business; or
9.1.4) to reflect changes in the way We intend to provide the MyNextbase Emergency SOS service.
9.2) We will notify you of any changes by sending you an email, push notification or in-app notification with details of the change, or by notifying you of a change the next time you access the Service or the MyNextbase Connect Mobile Application.
9.3) If you do not accept the notified changes, you may terminate this Agreement in accordance with Section 11.3.1. If you wish to terminate this Agreement in accordance with Section 11.3.1, you must cease using the MyNextbase Emergency SOS Service from the date such changes take effect.
9.4) If you wish to terminate this Agreement in accordance with clause 11.3.1, you must cease using the MyNextbase Emergency SOS Service from the time the relevant changes take effect, as your continued use of the MyNextbase Emergency SOS Service after the notified changes take effect will constitute your acceptance of those changes, which are subject to these Terms. We will provide you with specific notice of this consequence when we provide you with the changes.
9.5) If you are a consumer with a paid subscription, if We change the MyNextbase Emergency SOS Service or these Terms in accordance with clause 9.1, We will ensure that the MyNextbase Emergency SOS Service will always correspond to the description of the MyNextbase Emergency SOS Service (if any) that We provided to you at the time you purchased the relevant subscription.
10) Provision of the MyNextbase Emergency SOS service
10.1) Subscribe to the MyNextbase Emergency SOS service:
10.1.1) The MyNextbase Emergency SOS service can be subscribed to in the following countries: Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States and Vatican City.
10.1.2) We may update the list of countries set out in Section 10.1.1 from time to time - please visit Our Website for an up-to-date list of countries.
10.2) Using the MyNextbase Emergency SOS service:
10.2.1) Once you have subscribed in one of the countries listed in Section 10.1 above (as 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 restrictions set out in these Terms, including Section 3.3.7): Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States and Vatican City.
10.2.2) We may update the list of countries referred to in paragraph 10.2.1 from time to time - please visit Our Website for an up-to-date list of countries.
10.3) MyNextbase Connect mobile application is available for download from the Google Play Store or the Apple App Store (as required).
10.4) We will continue to provide you with the MyNextbase Emergency SOS service until your subscription expires, or you terminate this agreement as described in paragraphs 11 or 12, or we terminate this agreement as described in paragraph 13. Important: If you do not renew your subscription before your subscription expires, you will no longer be able to use the MyNextbase Emergency SOS service from the expiry date.
10.5) We are not responsible for delays beyond our control.
10.5.1) If, for reasons beyond Our reasonable control (including failure of service providers and telecommunications networks), We are unable to provide the MyNextbase Emergency SOS Service, or if there are any delays in Our provision of the Service, We will notify You (including via in-app messaging in the MyNextbase Connect App, by displaying a service notification on Our Website , or by email), and We will take steps to minimize the impact of the delay. Please note: We do not provide any uptime or availability guarantees or warranties in relation to the MyNextbase Emergency SOS Service – see Section 3.3 above for further information.
10.5.2) We will not be liable for any unavailability of the Service or any delays caused by the relevant event, as We do not provide any uptime or availability guarantees - see Section 3.3 above for further details.
10.5.3) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR OUTAGES CAUSED BY SERVER ERRORS, MISROUGHT OR ROUTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, COMPUTER VIRUSES, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR COMPROMISE WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY FACILITY, INCLUDING EMERGENCY SERVICE PROVIDERS, OR OTHER TECHNICAL DEFECTS, WHETHER HUMAN OR TECHNICAL. CAUSED.
10.6) Reasons why We may suspend the provision of the MyNextbase Emergency SOS Service to you.
10.6.1) We may have to suspend the supply of the ESOS service to:
10.6.1.1) to solve technical problems or make technical changes;
10.6.1.2) update the MyNextbase Emergency SOS service to reflect changes in relevant laws and regulatory requirements; or
10.6.1.3) make changes to the MyNextbase Emergency SOS service in accordance with paragraph 9.
10.6.2) We will notify you (including via in-app messaging in the MyNextbase Connect App, by displaying a service notification on Our Website , or by email) that We have suspended or will suspend the provision of the MyNextbase Emergency SOS Service if the suspension is expected to last for 1 (one) hour or more.
10.6.3) We will contact you in advance to inform you that we will suspend the provision of the MyNextbase Emergency SOS service unless the problem is urgent or an Emergency.
10.7) Your rights if We suspend your MyNextbase Emergency SOS service.
10.7.1) If We have to suspend access to the ESOS 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 ESOS service available to You for a period equal to the original subscription term We agreed with You.
10.7.2) You may contact Us to terminate the contract for the MyNextbase Emergency SOS Service if We suspend it or tell You that We are going to suspend it, in each case for a period of 7 consecutive days or more - see Section 11.3.4 for further details.
10.8) We may also suspend your MyNextbase Emergency SOS service if you do not pay.
10.8.1) If you choose to purchase a paid MyNextbase Emergency SOS Service and (i) you do not pay Us for your subscription when you are due, or (ii) if your payment fails for any reason, We may suspend Your subscription until you pay Us any outstanding amounts.
10.8.2) We will contact you to inform you that we are suspending your subscription in accordance with Section 10.8.1. This will not prevent us from terminating your contract in accordance with paragraph 13.
10.8.3) We will not charge you for your subscription during the period it is suspended - We will postpone the end of your subscription for a period equal to the period of such suspension.
10.8.4) IMPORTANT: You will not be able to use the MyNextbase Emergency SOS service during the suspension period.
10.9) App Store terms and conditions also apply.
10.9.1) The manner in which you may use the MyNextbase Emergency SOS service through the MyNextbase Connect App may be controlled by the rules and policies of an app store in addition to those described in these Terms.
10.9.2) If you download the MyNextbase Connect app from the:
10.9.2.1)Apple App Store, the Apple App Store rules and guidelines also apply to you: https://www.apple.com/legal/ .
10.9.2.2) Google Play Store, the Google Play Store rules and policies also apply to you: https://play.google.com/intl/en-Us_Us/about/play-terms/index.html .
10.9.3) If there is any conflict between these Terms and the relevant App Store Terms, the relevant App Store rules and guidelines will apply to the extent of such conflict instead of these Terms with respect to your use of the MyNextbase Emergency SOS service via the MyNextbase Connect App. However, these Terms will continue to apply to the extent there is no conflict.
11) Your rights to terminate the contract
11.1)You can terminate your contract with Us at any time. Your rights upon termination of this contract depend on the type of MyNextbase Emergency SOS Services subscription you have (i.e., the initial subscription that comes with a qualifying dashcam or a paid subscription), whether there is anything wrong with the services you receive, how We operate, and when you decide to terminate the contract:
11.1.1) If you want to end the Contract because of something We have done or told you We are going to do, please see clause 11.3;
11.1.2) If you have just changed your mind about the MyNextbase Emergency SOS service, please refer to section 11.4. If you have a paid subscription, you may be eligible for a refund if you are within the cooling-off period, however, this may be subject to deductions.
11.1.3) In all other cases (where We are not at fault and there is no right to change Your mind), please see Section 11.5.
11.2) IMPORTANT: If you terminate your contract with Us, you will no longer be able to use the MyNextbase Emergency SOS service from the date that contract ends.
11.3) Termination of the Contract because of something We have done or are about to do. If you end a Contract for any of the reasons set out in clauses 11.3.1 to 11.3.5, the Contract will end immediately and We will refund you the full amount of your paid subscription if that subscription has not yet started, or pro rata if it has already started, and you may also be entitled to compensation. The reasons for this are:
11.3.1) We have notified you of an upcoming change to the MyNextbase Emergency SOS Service or these Terms that you do not agree to (see Section 9.1);
11.3.2) We have informed you of an error in the price of your subscription and you do not wish to continue;
11.3.3) there is a risk that your access to the MyNextbase Emergency SOS Service may be interrupted for an extended period due to events outside Our control;
11.3.4) We have suspended the provision of the MyNextbase Emergency SOS service or notified you that we have suspended it. We will suspend it for a period of 7 consecutive days or more; or
11.3.5) You have the legal right to terminate the contract because we have done something wrong.
11.4) How long do you have to change your mind if you have a paid subscription to the MyNextbase Emergency SOS service?
11.4.1) You have 14 days from the day on which We contact You to confirm that We have accepted Your order for a paid subscription.
11.4.2) If you cancel after We have begun to provide the Services (which We will do promptly after We confirm acceptance of your order), you will have to pay Us pro rata for the Services provided up to the time you notify Us that you have changed your mind.
11.5) Termination of the contract if We are not at fault and you do not have the right to change your mind.
11.5.1) Even if We are not at fault and You have no right to change Your mind, You may terminate this Agreement before the end of Your Subscription (see Section 11.1.3).
11.5.2) If you wish to terminate the Contract under these circumstances, simply contact Us to let Us know.
11.5.3) Please note: If you terminate this Agreement in accordance with paragraph 11.5.1, no refund will be given for any subscription still paid for at the time of termination.
12)How to end the contract with Us (including if you change your mind)
12.1) Tell Us you want to terminate the Contract. To terminate the Contract with Us, please let Us know by taking one of the following actions:
12.1.1) MyNextbase Connect. The fastest way to cancel your MyNextbase Emergency SOS services subscription is via the MyNextbase Connect mobile application.
12.1.2) By phone or email. Alternatively, you can call our customer service team on +44(0) 2920 866 429 or email us at support@nextbase.com . Please include your name, home address, order details, telephone number, and email address.
12.1.3) If you wish, you can notify Us that you wish to terminate this Agreement by completing the termination form at the end of these Terms and Conditions and sending a copy to Us by email or post.
12.1.4) We will confirm when this contract ends when you contact us.
12.2) How we will refund you. Refunds will be processed through the applicable app store, e.g., the Apple App Store for Apple devices or Google Play for Android devices. You will receive your refund using your chosen payment method. However, we may make deductions from your refund as described below.
12.3) When your refund will be issued. Any refunds due to you in respect of amounts paid for subscriptions to the MyNextbase Emergency SOS service will be issued as soon as possible. If you exercise your right to change your mind, the refund will be issued within 14 days of you notifying us (or the operator of the relevant app store) that you have changed your mind.
12.4) Deductions from refunds if you exercise your right to change your mind. If you exercise your right to change your mind, we may deduct from any refund of the amounts you have paid for a subscription to the MyNextbase Emergency SOS service an amount for the provision of the service for the period for which it was provided, ending at the time you notified us that you had changed your mind. The amount will be proportionate to what was supplied compared to the full term of the subscription.
13) Our rights to early termination of the contract
13.1) We may terminate the contract if you breach it. We may terminate this contract immediately by giving you written notice if you persistently breach these Terms, or if you breach them in a material way (e.g., if you misuse our intellectual property rights, you will be deemed to have materially breached these Terms, as will any breach of the usage restrictions set out below).
13.2) If We terminate Your Contract, You will no longer be able to use the MyNextbase Emergency SOS Service from the date of termination.
13.3) We may terminate the contract by giving you at least 14 days’ notice.
13.3.1) In addition to the rights We have under Clause 13.1, We reserve the right to terminate this Agreement at any time by giving Us at least 14 (fourteen) days' notice.
13.3.2) If We terminate in accordance with Clause 13.3.1 and this Agreement ends before the end of any then-current paid subscription period, We will refund You pro rata the amount for each period of Your paid subscription remaining at the time Your subscription is terminated in accordance with this Clause 13.3
14) Permissible restrictions on use
14.1) You may or must:
14.1.1) not simulate events or accidents that cause the MyNextbase Emergency SOS service to report false events to the emergency services;
14.1.2) Immediately cancel the automatic alarm process if you are not incapacitated after an accident or if, for any reason, emergency services are not required after the accident. The automatic alarm process can be stopped or canceled at any time before the emergency services are notified of the accident.
14.1.3) Do not use the MyNextbase Emergency SOS service in the event of an accident or other event requiring the attendance of the emergency services, where you are able to call the emergency services manually or you know that someone else has called the emergency services on your behalf;
14.1.4) not use the MyNextbase Emergency SOS Service in an unlawful manner, for unlawful purposes or in any way inconsistent with these Terms, or act fraudulently or maliciously, for example by hacking or inserting malicious code, such as viruses, or harmful data into the MyNextbase Emergency SOS Service, any related service or any operating system;
14.1.5) Not infringe our intellectual property rights or the rights of any third party in connection with your use of the MyNextbase Emergency SOS Service;
14.1.6) not to transmit any material that is defamatory, abusive or otherwise objectionable in connection with your use of the MyNextbase Emergency SOS Service;
14.1.7) not use the MyNextbase Emergency SOS Service in any way that could compromise or compromise Our systems or security or disrupt other users;
14.1.8) 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
14.1.9) comply with the terms of the EULA.
181.15. Security procedures
I5.1) If you choose or are provided with a user identification code, password, or any other 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.
15.2) 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 and Conditions.
15.3) If you know or suspect that anyone other than you knows your user identification code or password, you must change it immediately using the MyNextbase Connect mobile application and notify us immediately at support@nextbase.com .
16) We are not responsible for viruses.
16.1) We do not guarantee that the MyNextbase Emergency SOS service is secure or free from errors or viruses.
16.2) You are responsible for configuring your devices, computer programs, and platforms for use with the MyNextbase Emergency SOS service. You should use your own anti-virus software.
16.3) You must not misuse the MyNextbase Emergency SOS service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
16.4) You must not attempt to gain unauthorized 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.
16.5) 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 offense. 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 related services will cease immediately.
17) Our responsibility for loss or damage you suffer if you are a consumer ( except for those who have accepted these Terms in the USA, to whom the provisions in the following paragraph entitled "Our responsibility for loss or damage you suffer if you accepted these Terms in the USA" apply):
17.1) We are responsible to consumers for foreseeable losses and damages caused by us:
17.1.1) 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 breach of these terms, but we are not responsible for any loss or damage that is not foreseeable.
17.1.2) Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time you accepted these Terms, both We and You knew it might happen.
17.1.3) 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 event exceed in the aggregate the greater of (i) £10,000 (ten thousand pounds) and (ii) 200% (two hundred percent) of the subscription fee (if any) paid by you 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, with a small number of exceptions (see the paragraph below entitled "We do not exclude or limit in any way our liability to consumers where it would be unlawful to do so"), will in total be £10,000 (ten thousand pounds) or 200% (two hundred percent) of the subscription fee (if any) paid by you under this contract for your subscription to the MyNextbase Emergency SOS service.
17.2) We do not exclude or limit our liability to consumers in any way where doing so would be unlawful. 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.
17.3) If We are liable for damage to your property if you are a consumer:
17.3.1) If defective digital content that We have supplied damages a device or digital content that belongs to You and You are a consumer, We will either repair the damage or provide You with compensation.
17.3.2) However, we will not be liable for any damage that you could have avoided if you had followed our advice to apply a free update, or for any damage that arises because you did not correctly follow the installation instructions or did not meet the minimum system requirements recommended by us.
17.3.3) The limit of liability set out in Section 17.1.3 applies to all claims of the type described in this Section 17.3.
17.4) We are not liable to consumers for financial losses.
17.4.1) The MyNextbase EmergencySOS service is intended for consumers who use it for personal household use only (non-business, non-commercial, non-commercial, not for resale).
17.4.2) If you are a consumer and you use the MyNextbase Emergency SOS Service for commercial, business, or resale purposes, We will not be liable to you for any (i) loss of profits, (ii) loss of business, (iii) business interruption, (iv) loss of business opportunity, or (v) any punitive, indirect, or consequential damages (which are losses that do not fall within the description of foreseeable losses set out in the paragraph "We are responsible to consumers for foreseeable losses and damages caused by Us" above).
17.5) Summary of your statutory rights if you are a consumer. We are legally obliged to provide you with the MyNextbase Emergency SOS service in accordance with this Agreement.
18) Our responsibility for loss or damage you suffer if you are not a consumer (except for those who have agreed to these Terms in the USA, to whom the following paragraph entitled "Our responsibility for loss or damage you suffer if you have agreed to these Terms in the USA") applies:
18.1) Nothing in these Terms and Conditions limits or excludes Our liability in the following circumstances:
18.1.1) Death or personal injury caused by our negligence;
18.1.2) fraud or fraudulent misrepresentation;
18.1.3) any other matter which cannot be excluded or limited under English law.
18.2) Under no circumstances will we be liable to you arising out of or in connection with these Terms or the MyNextbase Emergency SOS Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
18.2.1) any loss of profits, sales, business or revenue;
18.2.2) Loss of or damage to data, information or software;
18.2.3) loss of business opportunities;
18.2.4) Loss of expected savings;
18.2.5) loss of goodwill;
18.2.6) indirect losses or damages; or
18.2.7) any consequential damages or losses;
18.3) Our remaining liability to you:
18.3.1) If you are using the MyNextbase Emergency SOS service as part of an initial subscription equipped with a qualifying dash cam (i.e. not a paid subscription):
18.3.1.1) We hereby exclude (to the fullest 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.
18.3.1.2) To the extent that the exclusion in clause 18.3.1.1 is held by a court of competent jurisdiction to be invalid or unenforceable 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 the greater of (i) £10,000 (ten thousand pounds) and (ii) 200% (two hundred percent) of the subscription fee (if any) paid by You under this Agreement for Your subscription to the MyNextbase Emergency SOS Service.
18.3.2) If you use the MyNextbase Emergency SOS Service under a paid subscription (e.g., not the initial subscription associated 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, will under no circumstances exceed the greater of (i) £10,000 (ten thousand pounds) and (ii) 200% (two hundred percent) of the subscription fee (if any) paid by you under that contract for that subscription to the MyNextbase Emergency SOS Service.
18.4) We exclude all implied conditions, warranties, representations or other terms that may apply to the MyNextbase Emergency SOS service.
19) Our responsibility for any loss or damage you incur if you agree to these terms in the USA:
19.1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE, OR LOSS OF DATA OR PROGRAMS, FOR BREACH OF ANY DUTY, INCLUDING A STATUTORY DUTY, DUTY OF GOOD FAITH, OR DUTY OF REASONABLE DUTY, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER FINANCIAL OR OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH 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, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), HOW CAUSED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS APPLICABLE LAW REQUIRES OTHERWISE, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (1) 200% (TWO HUNDRED PERCENT) OF THE SUBSCRIPTION FEE (IF ANY) PAID BY YOU UNDER THIS AGREEMENT FOR YOUR SUBSCRIPTION TO THE MYNEXTBASE EMERGENCY SOS SERVICE, AND (2) $12,280 (TWELVE THOUSAND TWO HUNDRED EIGHTY U.S. DOLLARS).
Nothing in this Agreement excludes or limits any claim for death or personal injury. Furthermore, if any disclaimer, exclusion, or limitation contained in this Agreement cannot be excluded or limited under applicable law, then only that disclaimer, exclusion, or limitation will not apply to you, and you will continue to be bound by all other disclaimers, exclusions, and limitations.
19.2) PLEASE ALSO REFER TO THE LIMITATIONS AND EXCLUSIONS IN THE "COMPLETE AGREEMENT" SECTION BELOW.
20) Please back up content and data.
20.1) We recommend that you regularly back up your data before, during and after using the MyNextbase Emergency SOS service, as We are not responsible for backing up your data; and
20.2) We are not responsible for any loss or damage (including data and content) that you may suffer as a result of your failure to back up your data.
21) Check if the MyNextbase Emergency SOS service is suitable for you. The MyNextbase Emergency SOS service was not designed for your individual needs. Please check that the features and functionality of the MyNextbase Emergency SOS service (as described on our website ) meet your needs.
22) We may transfer this contract to another person and use subcontractors.
22.1) We may transfer our rights and obligations under these Terms to another organization. We will always notify you in writing if this happens, and we will ensure that the transfer does not affect consumer rights under these Terms.
22.2) We may subcontract some or all of our obligations under these Terms to third parties. We are responsible for the acts and omissions of our subcontractors.
23) You need Our consent to transfer your rights to another person.
23.1) You may not transfer your rights or obligations under these Terms to another person unless We agree to this in writing.
24) Third parties have rights under this Agreement (Third Party Rights)
24.1) This Agreement is between you and our company. Third parties are authorized to impose terms only as set out in paragraph 24.2.
24.2) Limitations and exclusions may apply to certain third parties:
24.2.1) The limitations and exclusions set forth in this Agreement inure to the benefit of all licensors and service providers engaged with respect to our Software and Services. This includes, for example, any third party that licenses our Software, as well as any platform providers and service providers engaged by us to provide the Software and perform the Services.
24.2.2) The following applies to licensors and service providers as described in paragraph 24.2.1:
24.2.2.1) You are entitled to rely on and enforce the limitations and exclusions set out in this Agreement (e.g., paragraph 3.3 and paragraph 18) as if you were a party to this Agreement; and24.2.2.2) They shall be deemed third-party beneficiaries of this Agreement with the right to directly enforce the exclusions and limitations contained in this Agreement as if they were parties to it.
24.3) Neither you nor we require the consent of any other person to terminate this Agreement or to make any changes to these Terms.
24.4) Important information:24.4.1) Paragraph 24 is an important paragraph of this Agreement, without which we would not have entered into this Agreement or been bound by its terms;
24.4.2) Paragraph 24.2 constitutes an irrevocable third party provision within the meaning of Dutch law.
24.4.3) For the purposes of Dutch law, the third party provision set out in paragraph 24.2 shall be for the benefit of and enforceable by the relevant third parties mentioned, provided that the parties exclude the applicability of sections 6:254 paragraph 1, 6:255 and 6:256 of the Dutch Civil Code.
25) If a court finds any part of this Agreement unenforceable or illegal, the remainder will remain in effect.
25.1) Each of the paragraphs of these Terms and Conditions stands on its own merits. If any court or competent authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
26) Even if We delay in enforcing this Agreement, We may still enforce it later.
26.1) Even if We delay enforcing this Contract, We can still enforce it later. If We do not insist immediately that you do something you are required to do under these Terms, or if We delay taking steps against you because you break this Contract, that will not mean that you do not have to do those things, and it will not prevent Us from taking steps against you at a later date.
27) Full agreement:
27.1) For persons who have not agreed to these terms in the United States:
27.1.1) This paragraph 27 does not apply to you if you are a consumer.
27.1.2) If you are not a consumer:
27.1.2.1) These Terms constitute the entire agreement between You and Us in relation to the MyNextbase Emergency SOS Service and supersede and cancel all prior agreements, promises, representations, warranties, undertakings, covenants and understandings between Us, whether written or oral, relating to their subject matter.
27.1.2.2) By agreeing to these Terms, you acknowledge and agree that:
27.1.2.2.1) The MyNextbase Emergency SOS service (both initial subscription and paid subscription) is provided "as is";
27.1.2.2.2) We make no representations, warranties, assurances, conditions or undertakings with respect to the MyNextbase Emergency SOS Service that are not expressly set out in these Terms;
27.1.2.2.3) Any representation, undertaking, condition, or warranty that might be implied or included in these Terms by statute, community law, or otherwise is excluded to the fullest extent permitted by law. For example, we are not responsible for the suitability of the MyNextbase Emergency SOS Service for your purposes; and
27.1.2.2.4) You will not rely on any statement, representation, warranty or guarantee (whether innocent or negligent) that is not set out in these Terms and Conditions.
27.1.3) You and We acknowledge and agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in these Terms.
27.2) For individuals who have agreed to these terms in the United States:
27.2.1) THE MYNEXTBASE EMERGENCY SOS SERVICE (BOTH THE INITIAL SUBSCRIPTION AND THE PAID SUBSCRIPTION) IS PROVIDED "AS IS," AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, OR ASSURANCES THE SCOPE OF WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. WE MAKE NO WARRANTY, CONDITION, REPRESENTATION OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, IMPLIED WARRANTY, USAGE OR OTHERWISE) WITH RESPECT TO ANY ITEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL ERRORS AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR THE SELECTION OF THE MYNEXTBASE SOS EMERGENCY CALL SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AS WELL AS THE INSTALLATION, USE, AND RESULTS OF THE MYNEXTBASE SOS EMERGENCY CALL SERVICE. WITHOUT LIMITING THE FOREGOING, THE RIGHTSHOLDER MAKES NO REPRESENTATION OR WARRANTY THAT THE MYNEXTBASE SOS EMERGENCY CALL SERVICE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE MYNEXTBASE SOS EMERGENCY CALL SERVICE WILL MEET ALL OF YOUR REQUIREMENTS, WHETHER OR NOT ADVISED TO US.
28) What laws apply to these terms and conditions and where can you take legal action?
28.1) If you are a consumer who agreed to these Terms outside the United States:
28.1.1) These Terms are governed by English law, and you may bring legal proceedings in relation to these Terms and the MyNextbase Emergency SOS Service in the English courts.
28.1.2) If you live in Scotland, you may bring proceedings against these Terms and the MyNextbase Emergency SOS Service in either the Scottish or English courts.
28.1.3) If you live in Northern Ireland, you may bring legal proceedings in relation to these Terms and the MyNextbase Emergency SOS Service in either the Northern Irish or English courts.
28.1.4) If you are a consumer who agreed to these Terms within the European Economic Area, these Terms will be governed by the laws of the European Economic Area country in which you agreed to these Terms and you may 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.
28.1.5) Except as described above, if you are a consumer, these Terms will be governed by the laws of the country in which you entered into these Terms and you may 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 have not agreed to these Terms in the United States:
29.1) These Terms and Conditions 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.
29.2) We both irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter or their formation (including non-contractual disputes and claims).
29.3) If you agreed to these Terms in the United States.
29.4) These Terms are governed by United States federal law and the laws of the State of Delaware, provided, however, that the laws of the U.S. state in which you reside will govern claims arising from consumer protection, unfair competition, or similar laws to the extent permitted by law. To the extent permitted by law, we and you hereby expressly agree to waive any right to a jury trial in connection with these Terms.
29.5) You and we agree to submit to the jurisdiction of the courts of Delaware to resolve any dispute, claim, or controversy arising in connection with these Terms that is not subject to mandatory arbitration as set forth below.
29.6) CLASS ACTION WAIVER AND BINDING ARBITRATION AGREEMENT:
29.6.1) Agreement to Arbitrate. If you signed these Terms in the United States, this paragraph applies to you. If any dispute, claim, or controversy of any sort arises between you and us relating to our products, services, or any other aspect of these Terms, and the parties are unable to resolve the dispute informally within a reasonable time, you and we hereby agree to resolve the dispute through binding, individual arbitration before the American Arbitration Association ("AAA") pursuant to the Federal Arbitration Act ("FAA"), rather than litigate in court before a judge or jury.
29.6.2) Class Action Waiver. Any proceedings, including but not limited to class actions, class-wide arbitrations, private attorney general proceedings, or the combination of individual actions without the consent of all parties, are prohibited. By accepting this agreement, you agree not to initiate or participate in any of the above-mentioned class and multi-party proceedings, and any action you pursue and any relief, if any, awarded to you must be brought individually as provided in this section. If a court decides that applicable law precludes enforcement of any of the limitations of this paragraph with respect to a particular legal claim, 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, the entirety of this Class Action Waiver and the Agreement to Binding Arbitration shall be null and void.
29.6.3) Exceptions. Notwithstanding anything to the contrary above, nothing herein shall be deemed to waive any party's rights to (1) bring an individual action in U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individual injunctive relief in a court, pending a final decision by the arbitrator, or (3) refer questions to federal, state, or local agencies (and such agencies may seek relief on a party's behalf as permitted by law). Furthermore, this class action waiver and agreement to binding arbitration do not require arbitration of any disputes relating to the enforcement or validity of your (or your licensors') or our (or our licensors') intellectual property rights.
29.6.4) Conduct of Arbitration. In the event of binding individual arbitration between the parties, a neutral arbitrator will decide the matter, and the arbitrator's decision will be final, except to the limited extent permitted by the FAA, and the arbitrator will have exclusive authority to decide his or her own jurisdiction, including a decision concerning the existence, scope, or validity of this Agreement or the arbitrability of any claim or counterclaim. Any arbitration under these Terms will be conducted under the AAA's Consumer Arbitration Rules (or, if you are a non-consumer covered by this provision, the AAA's Commercial Arbitration Rules), or equivalent rules then in effect, except to the extent modified by these Terms. Any arbitration hearings will take place in the county or municipality of your residence, unless the applicable AAA Rules require a telephonic hearing and/or a hearing based solely on documents under the circumstances. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and, if any, the award are based.
29.6.5) AAA Rules; Fees. The AAA Rules, as well as instructions for initiating 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 pay any other applicable arbitration fees or arbitrator compensation that are greater than the fees you would have paid in connection with pursuing your claim in court. We will pay that portion of such fees or amounts that exceeds the fees you would have paid if you had filed a court action.
29.6.6) Survival: This class action waiver and agreement to binding arbitration will survive the termination of these Terms and any licenses granted hereunder.
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Sample termination form
(Only complete and return this form 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: support@nextbase.com]:
I/We[*] hereby give notice that I/we[*] terminate my/our contract for the purchase of the following goods[*]/for the supply of the following service[*],Ordered on[*]/received on[*],
Name of the consumer(s),
Address of the consumer(s),
Signature of the consumer(s) (only if this form is delivered on paper),
Date
[*] Delete if necessary
Crowns Copyright 2013.