Terms and Conditions for Customers
The FIXR mobile application and website (fixr.co) (individually and together (the “Platform”)) are owned and operated by VIPR Digital Limited (trading as FIXR). Customers in the United Kingdom and the United States enter into these Terms with VIPR Digital Limited, a private limited company, registered in England (company number: 8184813, registered office: 4th Floor, Cameo House, 11 Bear Street, London WC2H 7AS), with VAT registration number 161892490. Customers in South Africa enter into these Terms with FIXR Ticketing Proprietary Limited (registration 2023/218762/07), a wholly owned subsidiary of VIPR Digital Limited with registered office at Unit 11, Neighbourgood, 129 Breet Street, Cape Town Central, Western Cape 8001, South Africa. In these Terms references to “FIXR”, “we”, “our” and “us” shall be references to VIPR Digital Limited and/or FIXR Ticketing Proprietary Limited, as the case may be.
These are the terms and conditions of service for Customers (defined below) (“you” and “your”) which apply to the Platform (the “Terms”). By accessing the Platform, and making any booking of tickets or carrying out other activities using the Platform, you are subject to the Terms and agree to be bound by them. You should make yourself aware of the Terms and print a copy for future reference if necessary.
For Customers in the United States, the U.S. Specific Terms in Sections 16-25 (the “U.S. Specific Terms”) also apply to your use of the Platform and constitute part of the Terms. In the event of any conflict between the U.S. Specific Terms and any other terms of these Terms, the U.S. Specific Terms shall control with respect to Customers in the United States.
In addition, the following ARBITRATION NOTICE applies to US Customers: Except for certain kinds of disputes described in Section 21 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FIXR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
For the purposes of these Terms, the following, additional definitions shall apply:
“Customer” means an individual or individuals who book tickets for an Event via the Platform.
“Event” means an individual event or events listed on our Platform.
“Event Organiser(s)” means a third party supplier or suppliers of Events (which will typically include the sale of tickets for Events) which may include a venue, performer, promoter, university society or organisation, or general event organiser.
Important Notice:
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.
1. Your use of the Platform
1.1. You can only use the Platform where you have registered to do so.
1.2. In using the Platform, you agree that:
1.2.1. In making the Platform available to you, we are granting you a limited licence to use the Platform and its services for personal (non-commercial) use only, in accordance with the Terms.
1.2.2. All information provided by you to us, including on registration with the Platform, is true, accurate, up-to-date and not misleading in any respect. You can update your information and details at any time by accessing your account via the Platform.
1.2.3. We reserve the right, at any time, to restrict or prevent you from using the Platform, albeit we will look to honour ticket bookings where possible, unless you have failed to comply with the Terms, or other circumstances beyond our control apply.
1.2.4. You will comply with all applicable laws.
1.2.5. You will not use the Platform (or any part thereof) for any unlawful purpose.
1.2.6. You will refrain from doing anything which we believe (in our reasonable opinion) to be disreputable, or capable of damaging our reputation.
1.2.7. You will not use the Platform in any way that causes the Platform to become damaged or impaired, or in any way compromises the effectiveness, efficiency or functionality of the Platform.
1.2.8. You will not upload or transmit any computer viruses, macro viruses, trojans, worms or other harmful programmes designed to interfere with, interrupt or disrupt the normal operating procedures of a computer, smart phone, computer tablet or other mobile technology.
1.2.9. You will not attempt any unauthorised access to any part of the Platform, access or attempt to access the accounts of other users, penetrate or attempt to penetrate any security measures, or attempt to use the Platform in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
1.2.10. You will not disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise.
1.2.11. You will not use the Platform to display or advertise your own or third party products and services (unless we expressly agree to this in writing).
1.2.12. We have limited control over the nature and content of information and communications transmitted and received through the Platform. Although we reserve the right to monitor such content, it is not our typical policy to do so, and we disclaim any liability in respect of such content. Should you wish to complain about another user of the Platform, please contact us.
1.2.13. You will treat Event Organisers and their respective staff introduced to you through the Platform in a respectful manner, and not cause harm to any property or person or engage in any unlawful, threatening, harassing, discriminatory, abusive behaviour or activity when attending an Event, interacting with Event Organiser staff or otherwise using the service under the Platform.
1.2.14 You will not share your password with anyone, let anyone else access your account, or do anything else that might jeopardise the security of your account.
1.2.15 Content on our Platform is not intended for your commercial use. You have no right to use, and agree not to use, any content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means (including bots, macros, or scripts) to extract data from the Platform, including but not limited to for the purpose of creating multiple user accounts and booking tickets to Events. If we determine, in our absolute discretion, that you are undertaking activity in breach of this paragraph 1.2.15., we shall have the right to immediately suspend your user account (and any related user accounts) and cancel / refund any tickets booked by you.
2. Our relationship with Event Organisers
2.1. In the main, we act as an agent facilitating the sale of tickets to Events on behalf of Event Organisers. We do not purchase or acquire tickets, set ticket prices, or determine seating locations at Events (if applicable). We collect ticket money on behalf of Event Organisers and supply details of your booking to them. Ownership of tickets and rights to grant entry to an Event remains with the relevant Event Organiser and does not pass to us at any time.
2.2. In very limited circumstances, we may act as principal rather than agent for ticket sales to certain Events. We will let you know where we act as principal, otherwise we will always be acting as agent.
2.3. Please note that we are not responsible for the behaviour, actions or inactions of Event Organisers or their representatives / staff. Any contract for the provision of Events or other entertainment and Event services is between you and the Event Organiser and not FIXR. We simply provide a platform to introduce you to Event Organisers and vice versa. FIXR is not the creator, organiser, or owner of the Events and their related content. FIXR disclaims all and any responsibility or liability for the running of an Event.
3. Event Organiser rules, regulations and terms
3.1. Tickets are issued subject to the terms and conditions, rules and regulations of the Event Organiser (which may also include rules and regulations relating to the venue or premises where an Event is held). Full details of these are available from the Event Organiser on request made to them directly. The Event Organiser is solely responsible for ensuring that any page displaying an Event on the Platform and the Event itself meet all applicable local, national and other laws, rules and regulations, including but not limited to, those concerning health and safety (including all applicable Covid-19 rules, regulations and restrictions), noise, capacity, security and licensing. In purchasing tickets and attending an Event, you and all ticket holders in your group (as applicable) agree to comply with all laws, rules, regulations and requirements as prescribed in relation to that Event, including any prescribed by the Event Organiser, venue, or premises at which an Event is held.
3.2. The Event Organiser, their staff, and FIXR accept no responsibility for any personal property taken to an Event. At the Event Organiser’s option, there may be no pass-outs or re-admissions of any kind to an Event. Ticket holders are advised that official merchandise is usually only available inside the venue or premises where the Event is being held.
3.4. The Event Organiser Terms may contain a provision that ticket holders arrive at a venue or premises by a certain time. Although we encourage Event Organisers to try and accommodate late arrivals as much as possible, failure to arrive by the time stipulated may constitute a breach of the Event Organiser Terms, which shall entitle an Event Organiser to refuse you entry.
3.5. If you have booked tickets for you and your friends or are part of a group, all of you must attend at the same time as the person with the ticket, unless the Event Organiser has enabled in respect of a particular Event the transfer of tickets via the Platform. Unless tickets have been validly transferred via the Platform, an Event Organiser reserves the right to refuse entry if all members of a group do not attend at the same time. You should note that an Event Organiser has the discretion to enable / disable ticket transfers at any time.
3.6. In using the Platform, you agree that we have no responsibility for your compliance with the Event Organiser Terms. If you are refused entry to an Event because you do not satisfy the Event Organiser Terms, you will not be entitled to a refund. Please see our Cancellations and Refunds Policy for further information.
3.7. All details about Events advertised by us are provided on behalf of the Event Organiser and are supplied by the Event Organiser themselves. You are strongly advised to check Event details with the venue or premises at which it is to be held and / or the Event Organiser before travelling to an Event. Whilst we make best efforts to keep all information as up-to-date as possible, we cannot be held responsible for any errors.
3.8. Any dispute or complaint regarding the content or quality of an Event, or any actions / inactions of the Event Organiser, their staff, DJs, performers (or their representatives), is deemed to be between you and the Event Organiser, and should be made to them directly. However, we are always interested in learning about your experiences in attending Events, so please feel free to contact us about this.
4. Tickets
Booking
4.1. When using the Platform, you may generally book up to 10 (ten) tickets at any one time, subject to availability and unless otherwise specified. If the number of tickets you may book is restricted, you will be notified of this at the point of booking.
4.2. Tickets may be booked by selecting the “Book Now” or “Confirm Tickets” buttons and then following the prompts that appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by selecting the “Pay Now” or “Confirm Tickets” buttons.
4.3. Once submitted, your order constitutes an offer to us to book a ticket. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by displaying a booking confirmation on-screen, and by sending you an email that confirms we have accepted your order and provides details of your booking. Notwithstanding our acceptance, we may immediately terminate or suspend your booking (and suspend or void the ticket) if subsequently your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behaviour linked with your account.
Delivery of tickets and presentation of tickets at Events
4.4. Where you book tickets through the FIXR mobile application you will receive a mobile ticket with QR code (“m-ticket”) directly to your mobile phone. This can also be accessed through “My Bookings” on the homepage of the mobile application, or by logging into your account via our website and selecting “Your Bookings”. You will also receive an email confirming your booking with a PDF e-ticket (“e-ticket”). Where you book tickets through the FIXR website, you will receive an e-ticket. This can also be accessed via the FIXR mobile application as outlined above.
4.5. The Event Organiser has entered into an agreement with us to honour m-tickets and e-tickets and QR codes we supply, and to treat them as conferring the same rights as any other form of booking available for the same Event.
4.6. Mobile delivery may incur normal network operator fees for data or SMS messages, to be paid by you. If any premium SMS messages are involved in the booking, it will be made clear to you in advance.
4.7. When attending an Event, you must ensure that you have your m-ticket or e-ticket ready for display. You should also bring valid photographic identification and anything else required under the Event Organiser Terms or by the Event Organiser. Your phone does not need to go “online” or use network connections or SMS when displaying an m-ticket, so it will operate without incurring further network charges or requiring connection when displayed.
4.8. The Event Organiser will scan your m-ticket or e-ticket using the FIXR Entry Manager App and / or verify the ticket against lists of attendees.
General ticket terms
View our Cancellations and Refunds Policy.
4.9. Tickets must be used on the date and, if applicable, by a certain time, of the Event specified, or they will no longer be valid. You will not be entitled to a refund if tickets are not used on their specified date or by any specified time.
4.10. Your tickets should not be copied or reproduced in any form, including by way of photograph or screen-grab / shot or similar. Unless you legitimately transfer tickets via the Platform, any attempt to re-sell, trade, transfer or reproduce a ticket is grounds for seizure or cancellation of that ticket without refund or other compensation and your FIXR account may be terminated by us.
4.11. It is your responsibility to check your ticket as if you have made a mistake it cannot always be rectified after booking. Please check your ticket on receipt carefully and contact us immediately if there is a mistake, or if you have not received your ticket.
4.12. It is your responsibility to ascertain whether an Event has been cancelled and the date and time of any re-scheduled Event. If an Event is cancelled or re-scheduled, we will use reasonable endeavours to notify you of this fact once we have received the relevant authorisation from the Event Organiser. We do not guarantee that ticket holders will be informed of cancellation before the date of the Event.
4.13. Tickets are offered subject to the Event Organiser’s right to alter or vary the programme due to Events or circumstances beyond its reasonable control. In such circumstances, you will not be entitled to a refund unless otherwise provided.
4.14. Your ticket remains the property of the Event Organiser and is a personal revocable licence which may be withdrawn and admission refused at any time upon refunding the displayed purchase price (if applicable).
4.15. Event Organisers may prohibit us from issuing exchanges or refunds for purchases, or for lost, stolen, damaged or destroyed tickets. It is your responsibility to keep your tickets safe. We are under no obligation to supply you with a duplicate ticket if your ticket is lost or stolen. If duplicate tickets are issued, a reasonable administration charge may be levied.
4.16. Unless with the express permission of us and / or the Event Organiser, you may not combine a ticket with any other promotions or use a ticket as an incentive or prize in a promotion or competition, or otherwise use such ticket in the course of business.
5. Ticket Price, booking fees, and payment
5.1. The Platform is free to access. FIXR tickets sold through the Platform will display a face-value price and, where applicable, a booking fee. You will also have the option to purchase Ticket Refund Protection for an additional fee.
5.2. Unless otherwise stated, a booking fee will be applied to all FIXR Tickets sold through the Platform in accordance with the pricing displayed on our website (which we may adjust at any time and without prior notice) or as agreed with Event Organisers. The booking fee may be internalised / absorbed in the ticket price. The booking fee may be higher than the pricing displayed on our website where an Event Organiser has decided to increase this.
5.3 Any booking fee will be clearly displayed on the Platform at the point of purchase. The booking fee comprises charges to cover our services and payment processing costs. FIXR reserves the right to round booking fees up to the nearest £/€/$/R0.10, or other such other currency as tickets are denominated in. Unless stated otherwise, the booking fee is inclusive of VAT or applicable sales tax. FIXR will account for VAT or applicable sales tax in accordance with applicable legislation and contractual arrangements entered into with Event Organisers.
5.4. Where a promotional code is claimed, you will be required to enter the code at the point of booking. If the code is valid, the ticket price will adjust automatically. If the number of tickets for which the code can be used is restricted, this will either be displayed or the ticket price will only adjust for those tickets for which a promotional code can be claimed.
5.5. All payments for tickets must be made using either: (i) a debit or credit card; (ii) Apple or Google Pay; (iii) instant EFT; (iv) PayPal; (v) Zapper; (vi) Snapscan or (vii) certain ‘buy now pay later’ offerings where we indicate that payment via such payment method is accepted. The availability of any payment method listed in this paragraph 5.5. is subject to availability thereof in the Customer’s area and/or country and FIXR’s choice to use such payment method at our sole discretion. We do not provide for cash payments. Payment details can be entered under “Settings” or as part of the ticket purchase process if it is your first time buying tickets through the Platform.
5.6. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. Occasionally, our payment provider may test your account by debiting a small amount (typically £1 or the equivalent in Rands, where applicable). This debit will not remain and your account will be credited the amount debited soon after the test completes.
5.7. Prices for tickets are subject to change at any time. Tickets for which you have received booking confirmation from us will not be affected by any change in the ticket price.
5.8. From time to time, you may be able to purchase tickets made available for sale on the Platform through PayPal Pay in 3. This method of payment is offered at Paypal’s discretion and we shall not be liable should PayPal decide not to make this payment method available to you. Paypal Pay in 3 is an interest-free loan made to you by PayPal which allows you to pay for your order in 3 instalments, with the first due at the time of purchase and subsequent payments due for the next two months on the same day of the month. For further details please refer to PayPal’s Pay in 3 FAQs. Where this payment method is made available, it is subject to PayPal’s terms and conditions which apply to the Pay in 3 method. You will owe the purchase price of the tickets to PayPal and it will be your responsibility to make sure that all three payments are made on time. This payment method requires that a full commitment is made to purchase the tickets in your order and pay the full ticket price plus booking fee and delivery cost when the first instalment is made. If any of the three instalments are not paid by the due date for payment your ticket(s) may be cancelled and you will forego all payments made up to the point of cancellation.
6. Credit
6.1. Credit or rewards should be claimed by entering a valid code in the “Add Credit” section of the Platform found under “Settings”. If you claim any credit or reward offered by us, this will be redeemed automatically and in full on the first purchase made by you following your claim and the purchase price will adjust accordingly.
6.2. Unless otherwise specified, any credit or reward (whether awarded by way of a credit code or otherwise) that is claimed, but not redeemed, shall expire 3 months from the date it is claimed. Unless otherwise specified, credits or rewards shall generally be available to be claimed for 3 months from their date of issue, after they which they shall expire and become invalid.
6.3. We reserve the right to terminate any credit or rewards scheme (including credit or rewards offered under competitions or advertising or marketing promotions) or to change these Terms, in whole or in part, at any time or without notice, even if such changes may affect credits or rewards accumulated by you or your entitlement to any such credit or rewards.
6.4. If we believe, in our sole discretion, that you are abusing any credit or rewards scheme offered by us, we may revoke any credits or rewards awarded to you.
6.5. Credits and / or rewards cannot be purchased, are non-transferable and cannot be exchanged for cash.
6.6. Credits and / or rewards cannot be combined on the same booking from more than one account.
6.7. Any credits or awards redeemed in connection with an event will not be refunded in the event of failure to attend that event.
7. Intellectual Property and right to use
7.1. You acknowledge and agree that all intellectual property rights (including, but not limited to, copyright, trademarks, logos, text, graphics, photos, sound, illustrations, animations and videos or rights in and to our software, applications and website) in all material or content contained within the Platform shall remain at all times owned by us or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Platform or content from the Platform.
7.2. You acknowledge and agree that the material and content contained within the Platform is made available for your personal (non-commercial) use only, and that you may download such material and content onto only one computer hard drive or mobile phone / device for such purpose. Any other use of the material and content of the Platform is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7.3. You agree that by submitting any content, information, images or otherwise for publication on the Platform, (“User Generated Content”) you retain any copyright you may have in the User Generated Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of User Generated Content.
7.4. You are solely responsible for your User Generated Content (including content you share with other sites, such as social networking sites) and we do not endorse User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content.
8. Cancellations and Refunds Policy
Details of our Cancellations and Policy, which forms part of these Terms, can be found here.
9. Availability of services
9.1. We will do our best to offer you a smooth service, but we give no guarantees that the Platform will be fault free or that the services provided will be uninterrupted. If a fault does occur, please contact us and we will attempt to correct the fault as soon as we reasonably can.
9.2. We will occasionally restrict your access to the Platform to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
9.3. New services are subject to a period of testing. This means that a new service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
10. Limitation of Liability
10.1. We shall not be liable under any circumstances with respect to any services provided under the Platform, or any other subject matter of these Terms, for: (i) any indirect losses, meaning a loss to you which is a side effect of the main loss or damage and where you and we could not have reasonably foreseen that type of loss arising at the time of entering into these Terms; (ii) losses not caused by our breach; (iii) the actions or inactions of Event Organisers; and (iv) any matters beyond our reasonable control (including network failure).
10.2. We exclude liability for any tickets or other goods provided by Event Organisers or other third party suppliers to the fullest extent permitted by law.
10.3. We shall not be liable for any content or information you provide to us, or the content of any other user of the Platform.
10.4. We are not affiliated with, and have no agency or employment relationship with, any third party service provider used to provide services under the Platform and we have no responsibility for and disclaim all liability arising from, the acts or omissions of any such third party service provider.
10.5. We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
10.6. Nothing in these Terms shall exclude any liability we may have at law. You have certain rights under the law. These include that we will provide the Platform to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights in the United Kingdom, you can contact your local Citizens Advice Bureau or Trading Standards Office. For more information about your consumer rights in South Africa, you can contact the National Consumer Commission.
10.7. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of £500 (or the equivalent in Rands, where applicable). “Foreseeable” means that the losses could have been reasonably contemplated by you and us at the time of entering into these Terms.
11. Use of the FIXR Rep Platform
11.1 FIXR provides a platform enabling reps to promote tickets for events in return for a commission (“FIXR Rep Platform”).
11.2 If you wish to rep tickets to an event, you must sign up to the FIXR Rep Platform at https://reps.fixr.co.
11.3 You must be aged 18 or over to join the FIXR Rep Platform, unless you are specifically joining the platform to rep an event for under 18s.
11.4 An Event Organiser has complete discretion as to which of its events (if any) feature on the FIXR Rep Platform, the number of tickets available for reps, and the commission payable in respect of tickets available on the FIXR Rep Platform.
11.5 FIXR is in no way responsible for the level or nature of commissions offered by Event Organisers, and is not affiliated with their events or offers made to reps in any way.
11.6 FIXR shall pay any agreed commission to reps at the end of each month. Reps can see the amount of commission they are entitled to by logging in to their account at https://reps.fixr.co. Payment will only be made if a rep has submitted valid bank details and submitted a payment request. If there is any dispute as to the commission payable, reps should take this up with the relevant Event Organiser directly.
11.7 Reps are neither employed by FIXR nor Event Organisers directly. It is a rep’s sole responsibility to declare and be accountable for any taxation requirements. FIXR is acting purely as a platform for reps to earn commission from Event Organisers.
11.8 Each rep shall ensure that, when promoting and marketing any tickets to Events, they do not misrepresent any details about the Event and that all information they provide about the Event is accurate and not misleading.
11.9 As a rep, you agree to promote Events in a positive way at all times. You agree that you will not engage in marketing activities, whether online or offline, that we deem inappropriate in any way or that are illegal. Illegal activities include, but are not limited to: promoting or encouraging fraud, hate crime, pornography, or racism; operating, utilising, or promoting links to any website that contains, displays or promotes any content that is libellous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, or offers any illegal goods or services. If you engage in any Illegal activities, your participation under the FIXR Rep Platform will automatically terminate and you will forfeit all compensation earned.
11.10 We reserve the right to suspend, restrict or terminate your access to the FIXR Rep Platform at any time without notice if we have reasonable grounds to believe you have breached any of the provisions of this paragraph or the Terms.
12. Termination
12.1. We may terminate these Terms and close any account you have with us by giving you 10 days’ notice in writing by email to your registered email address. We may also terminate these Terms immediately and close your account without notice if you breach any of your obligations under these Terms, or if court or bankruptcy proceedings are brought against you.
12.2. We reserve the right to suspend, restrict or terminate your access to the Platform at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
12.3. Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
12.4. You are under no obligation to use the Platform and may simply choose to stop using it at any time.
13. Third-party services and content
13.1. Our Platform integrates with social networking platforms such as the Meta Platforms, Whatsapp and X, music streaming platforms (such as Apple Music, Spotify and Soundcloud) and other third party applications. Your use of any integrated applications will be subject to those third party's terms of use and their privacy policies.
13.2 When you access third party websites or applications from the Platform you do so at your own risk. Any third party websites or applications are outside of our control, and we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or applications.
13.3 We may request additional permissions related to the settings on your mobile device, such as accessing your location or enabling push notifications in order to carry out certain actions or allow you to enjoy certain features. If you choose not to give us the necessary permissions then you may not be able to access all the features and functions of the Platform.
14. Privacy and personal data
We respect the handling and protection of your personal data. Any personal information that you provide to us when using the Platform or communicating with us will be governed by the terms of our Privacy Policy.
15. General
15.1. These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Platform.
15.2. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
15.3. These Terms and the relationship between you and us shall:
15.3.1. for Customers in the United Kingdom, be governed by the laws of England and Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales. If there is any issue that you are not able to resolve with us you may be eligible to lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr.; and
15.3.2. for Customers in South Africa, be governed by the laws of South Africa without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of South Africa.
15.3.3. for Customers in the United States, be governed by the laws of New York without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts in New York, NY.
15.4. We may amend these Terms at any time by posting the amended terms on our Website and / or by amending the Terms as they are accessed from the Platform. It is your responsibility to review these Terms from time to time to check if they have been amended. Nonetheless, for existing users, material revisions will be effective 15 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Platform. If you do not agree to the modified Terms, then you should discontinue your use of the Platform. If you continue to use the Platform or you download any content or upgrade to a new version of the Platform after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may choose to stop using the Platform at any time. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
U.S. SPECIFIC TERMS
16. Intellectual Property Rights Protection
16.1 Respect of Third Party Rights. FIXR respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Platform to do the same. Infringing activity will not be tolerated on or through the Platform.
16.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Platform, you may contact our Designated Agent at the following address:
VIPR Digital Limited
Attn: Legal Department (IP Notification)
4th Floor, 11 Bear Street, London WC2H 7AS, UK
Email: [email protected]
16.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Platform has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;
c) a description of the material that you claim is infringing and where it is located on the Platform;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the use of the materials on the Platform of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by FIXR with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to FIXR making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
16. 4 Repeat Infringers. FIXR’s policy is to: (a) remove or disable access to material that FIXR believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Platform; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Platform by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. FIXR will terminate the accounts of users that are determined by FIXR to be repeat infringers. FIXR reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
16.5 Counter Notification. If you receive a notification from FIXR that material made available by you on or through the Platform has been the subject of a Notification of Claimed Infringement, then you will have the right to provide FIXR with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to FIXR’s Designated Agent through one of the methods identified in Section 16.2 (DMCA Notification), and include substantially the following information:
a) your physical or electronic signature;
b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which FIXR may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
16.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to FIXR in response to a Notification of Claimed Infringement, then FIXR will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that FIXR will replace the removed User Generated Content or cease disabling access to it in 10 business days, and FIXR will replace the removed User Generated Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless FIXR’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on FIXR’s system or network.
16.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of FIXR relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” FIXR reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
17. Modifications to the Platform. FIXR reserves the right to modify or discontinue all or any portion of the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. FIXR will have no liability for any change to the Platform, including any paid-for functionalities of the Platform, or any suspension or termination of your access to or use of the Platform. You should retain copies of any User Generated Content you post to the Platform so that you have permanent copies in the event the Platform is modified in such a way that you lose access to User Generated Content you posted to the Platform.
18. Limitation of Liability
18.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FIXR OR ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONSULTANTS, AND AGENTS (THE “FIXR ENTITIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FIXR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
18.2. EXCEPT AS PROVIDED IN SECTIONS 21.5 (COMMENCING ARBITRATION) AND 21.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FIXR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO FIXR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
18.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify the FIXR Entities from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Platform; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party (including any Event Organizer). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
20. Disclaimers; No Warranties by FIXR
20.1 THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FIXR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FIXR DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FIXR DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
20.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR FIXR ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE FIXR ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM AND YOUR DEALING WITH ANY OTHER PLATFORM USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA, INCLUDING USER GENERATED CONTENT.
20.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 20 (DISCLAIMERS; NO WARRANTIES BY FIXR) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. FIXR does not disclaim any warranty or other right that FIXR is prohibited from disclaiming.
21. Dispute Resolution and Arbitration
21.1 Generally. Except as described in Section 21.2 (Exceptions) and 21.3 (Opt-Out), you and FIXR agree that every dispute arising in connection with these Terms, the Platform, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FIXR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
21.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 21 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to VIPR Digital Limited, Attention: Legal Department – Arbitration Opt-Out, 4th Floor, 11 Bear Street, London WC2H 7AS, UK, that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once FIXR receives your Opt-Out Notice, this Section 21 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 15.3.3. (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
21.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting FIXR.
21.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). FIXR’s address for Notice is: VIPR Digital Limited, 4th Floor, 11 Bear Street, London WC2H 7AS, UK. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or FIXR may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, FIXR will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
21.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or FIXR must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
21.7 Arbitration Relief. Except as provided in Section 21.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by FIXR before an arbitrator was selected, FIXR will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.] Judgment on the award may be entered in any court having jurisdiction.
21.8 No Class Actions. YOU AND FIXR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FIXR agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
21.9 Modifications to this Arbitration Provision. If FIXR makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to FIXR’s address for Notice of Arbitration, in which case your account with FIXR will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
21.10 Enforceability. If Section 21.8 (No Class Actions) or the entirety of this Section 21 (Dispute Resolution and Arbitration) is found to be unenforceable, or if FIXR receives an Opt-Out Notice from you, then the entirety of this Section 21 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15.3.3. (Governing Law) will govern any action arising out of or related to these Terms.
22. Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
23. Consent to Electronic Communications. By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
24. Text Messaging & Phone Calls. You agree that FIXR and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Platform, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or] messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM FIXR, YOU CAN EMAIL [email protected] OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL[CALLS AND] TEXT MESSAGES FROM FIXR, YOU CAN EMAIL [email protected] OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE Platform. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Platform.
25. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.
25. Notice Regarding Apple. This Section 25 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and FIXR only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Platform or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Platform. If the Platform fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including: (1) product liability claims; (2) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Platform and/or your possession and use of the Platform infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.