Terms and Conditions – FONENTRY Members

Terms of Service for FONENTRY Member

Last Updated: December 03, 2019

1.  FONENTRY Registration and Member Account Activation.

The FONENTRY platform allows you to create your member profile that enables you to search for services, then schedule your visit and pay online for the service purchased.  These include fitness, accommodation, venue hire, event participation, parking, co-working, conference and meeting space offered by participating businesses and independent partners who have a web portal on the FONENTRY website (“FONENTRY Partners”).

With the FONENTRY App which enables you to synchronise your previously created consumer account with FONENTRY Partners, You may view your history of purchases and visits with those providers, use any current account credits with those providers, and to review and purchase additional services.

To make credit or debit card purchases from FONENTRY Partners, you must register on the FONENTRY website and open an account.  To open an account, you provide your first and last name, email address and complete your email verification. You must provide accurate and up-to-date information. You are solely responsible for managing your FONENTRY Account. Your FONENTRY Account is non-transferable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your FONENTRY Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your FONENTRY Account to engage in illegal or unethical activities.

2.  Accepted Payment Methods.

We are not a bank, and do not offer banking services. You can associate with your FONENTRY Account most credit, debit, pre-paid, with a Visa, MasterCard or American Express.

3.  Purchases Made Through the FONENTRY Website.

By associating a payment card with your FONENTRY Account, searching for and reserving services, and agreeing to pay for those services using the FONENTRY platform, you are authorising a charge to your payment card as necessary to complete the purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the FONENTRY website; you also authorise a credit to your payment card to accomplish that transaction.

Purchases you make through FONENTRY may be subject to terms and conditions set forth by the Networks and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions as well as any fees and/or surcharges imposed by FONENTRY or a FONENTRY Partner.

4.  Compatible Mobile Devices and Third-Party Carriers.

FONENTRY does not warrant that the FONENTRY App will be compatible with your mobile device or third-party carrier.  Your use of the FONENTRY App may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.

5.  App Stores.

You acknowledge and agree that the availability of the FONENTRY App is dependent on the third party from whom you received the FONENTRY App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and FONENTRY and not with the App Store. FONENTRY, not the App Store, is solely responsible for the FONENTRY App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the FONENTRY App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the FONENTRY App.  Your license to use the FONENTRY App is conditional upon you complying with all relevant third-party terms of agreement (e.g., the App Store’s terms and policies) and acknowledge that the App Store and its subsidiaries are third-party beneficiaries of this Agreement

6.  Restrictions on Use.

The FONENTRY App and your FONENTRY App Account may only be used in a country or territory where current FONENTRY Partners exist and the laws of that country or territory permit its use. You may not export the FONENTRY App directly or indirectly, and you acknowledge that the FONENTRY App may be subject to export restrictions.

7.  FONENTRY Member Loyalty & Promotional Programs.

FONENTRY Partners may choose to offer loyalty and promotional programs to reward their customers. Any rewards associated with them are offered by the FONENTRY partners alone and not by FONENTRY. Should you have questions about any FONENTRY Partner loyalty program, please ask the FONENTRY Partner for more information about the program, including any applicable terms and conditions. Rewards associated with FONENTRY Partner loyalty programs have no cash value, and a FONENTRY Partner may choose to discontinue its loyalty program at any time.

8.  Texting Features Consent.

FONENTRY may, from time to time, offer text message programs, including one-time texts and subscription text services, where FONENTRY or a FONENTRY Partner texts you with alerts, promotions and for other purposes (“SMS Texting Services”).  To the extent you use any feature of the FONENTRY App that enables you to receive text message to device holders and you elect to use the feature, you acknowledge that FONENTRY only provides a platform for you to receive text messages and has no responsibility or liability for any such text messages or the related message content.

9.  Unauthorised or Illegal Transactions.

We may decide not to process a transaction if we believe that the transaction is in violation of any FONENTRY agreement or exposes you, other FONENTRY Members or users, including any FONENTRY Partners, or FONENTRY to harm. Harm includes fraud and other criminal acts or if we have reason to suspect that your FONENTRY App Account has been used for any unauthorised, illegal, or criminal purpose.  You give us express authorisation to share information about you, your FONENTRY App Account, and/or any of your transactions with law enforcement.

10.  FONENTRY App Purchase Information.

By using the FONENTRY App, you give FONENTRY permission to share your email address, first and last name and purchase histories with the FONENTRY Partners you buy from. You also give us permission to import into your FONENTRY App Account and to share with FONENTRY Partners information about purchases you have made using your payment card. More information can be found in the FONENTRY Privacy Policy.

11.  Your Privacy.

Our privacy policy governs how we collect and use personal information that is submitted through our apps and services. Upon agreeing to be bound by this Agreement you confirm that you have read, understood and accepted FONENTRY’s Privacy Policy.

12.  Customer Service Disclaimer.

You understand and agree that FONENTRY is not responsible for the goods and services that you purchase through the FONENTRY website. Third-party merchants, including FONENTRY partners and subscribers, and not FONENTRY, provide those goods and services. These merchants, and not FONENTRY, are responsible for customer service related to those goods and services, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The Networks and/or issuer of your payment card, and not FONENTRY, is responsible for customer services purchased with your payment card.

13.  Disclosures and Notices.

You acknowledge and agree that FONENTRY may provide disclosures and other notices required by law and other information about your FONENTRY Account to you electronically by posting them on the FONENTRY App or by email using the email address listed in your FONENTRY Account. You agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing FONENTRY with your most current e-mail address. If the last e-mail address you provided to FONENTRY is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, FONENTRY’s sending of the e-mail will nonetheless constitute effective notice.

14.  User Content.

In connection with registering for a FONENTRY Account, you may provide reviews and other content regarding FONENTRY products and services or those of FONENTRY Subscribers. This content may include photos or other materials or information uploaded to the FONENTRY App (“User Content”). You agree that you will not upload User Content to the FONENTRY App unless you have created that content yourself or you have permission from the copyright owner to do so.

For any User Content that you upload to the FONENTRY platform, you grant us and our subsidiaries, affiliates, and successors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right and license to use, license, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display that User Content (in whole or in part) throughout the world in any media in order to provide and promote the FONENTRY App and FONENTRY’s business. You retain all rights in your User Content, subject to the rights granted to FONENTRY in this Agreement. You may modify or remove your User Content via your FONENTRY App Account or by terminating your FONENTRY App Account.  You agree not to upload to the FONENTRY App or otherwise post, transmit, distribute, or disseminate through the FONENTRY App any content that:

    1. is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory;
    2. encourages conduct that would be considered a criminal offence or gives rise to civil liability;
    3. breaches any duty toward or rights of any person or entity, including rights of publicity or privacy;
    4. contains corrupted data or any other harmful, disruptive, or destructive files;
    5. advertises products or services competitive with FONENTRY’s or its partners’ products and services, as determined by FONENTRY in its sole discretion; or
    6. in FONENTRY’s sole judgement, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the FONENTRY App, or which may expose FONENTRY, its affiliates, or users to harm or liability of any nature.

You acknowledge that FONENTRY has no obligation to pre-screen, edit, or monitor any User Content, although FONENTRY reserves the right in its sole discretion to refuse, remove, screen, edit or disable any User Content at any time and for any reason without notice. You understand that by using the FONENTRY App, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

15.  Your Right to Terminate.

You may terminate this Agreement at any time by closing your FONENTRY Account and ceasing to use the FONENTRY App. You may terminate your FONENTRY Account by sending an email request to support@fonentry.com.

16.  Our Right to Suspend or Terminate.

We may terminate this Agreement and close your FONENTRY Account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you: –

    1. violate the terms of this Agreement or any other agreement you have with FONENTRY or FONENTRY’s policies,
    2. pose an unacceptable credit or fraud risk to us, and/or
    3. provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the FONENTRY Website or by using the FONENTRY App.

17.  Effect of Termination.

If your FONENTRY Account is terminated for any reason or no reason, you agree:

    1. to continue to be bound by this Agreement,
    2. to immediately stop using FONENTRY,
    3. that the license provided under this Agreement shall end,
    4. that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and
    5. that FONENTRY shall not be liable to you or any third party for termination of access to FONENTRY, or for deletion of your information or account data.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of FONENTRY, or in connection with any termination or suspension of FONENTRY. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.

18.  License Grant to You.

Subject to your compliance with this Agreement, FONENTRY hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the FONENTRY App on a single mobile device that you own or control and to run such copy of the FONENTRY App solely to find, reserve and access services and make purchases from FONENTRY Subscribers in accordance with this Agreement. You will not:

    1. modify, copy or create any derivative works based on FONENTRY;
    2. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make your FONENTRY account available to any third party;
    3. reverse engineer or decompile any portion of the FONENTRY website or Apps;
    4. access or use (or allow a third party to access or use) the FONENTRY website or Apps for competitive analysis or to build any competing products or services;
    5. copy any features, functions, integrations, interfaces or graphics of FONENTRY; or
    6. otherwise use or exploit FONENTRY in any manner not expressly permitted by this Agreement.

Furthermore, with respect to any app accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You will be entitled to download updates to the FONENTRY App, subject to any additional terms made known to you at that time, when FONENTRY makes these updates available. You may be required to accept updates to the FONENTRY App in order to continue to use the FONENTRY App.

19.  Restrictions on Use.

You may use FONENTRY only to the extent that you obey all laws, rules, and regulations applicable to your use of FONENTRY. While we want you to enjoy FONENTRY, you may not, nor may you permit any third party to do any of the following:

    1. access or monitor any material or information on any FONENTRY system using any manual process or robot, spider, scraper, or other automated means;
    2. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from FONENTRY;
    3. permit any third party to use or benefit from FONENTRY via a rental, lease, timesharing, service bureau or other arrangement;
    4. transfer any rights granted to you under this Agreement;
    5. violate the restrictions in any robot exclusion headers on the FONENTRY App or any FONENTRY service or product, work around, bypass, or circumvent any of the technical limitations of the FONENTRY App, use any tool to enable features or functionalities that are otherwise disabled in the FONENTRY App, or decompile, disassemble or otherwise reverse engineer the FONENTRY App;
    6. perform or attempt to perform any actions that would interfere with the proper working of the FONENTRY App, prevent access to or use of the FONENTRY App by other users, or impose an unreasonable or disproportionately large load on our infrastructure; or
    7. otherwise use the FONENTRY App except as expressly permitted herein.

20.  Ownership.

The FONENTRY App is licensed and not sold. FONENTRY reserves all rights not expressly granted to you in this Agreement. The FONENTRY App is protected by copyright, trade secret and other intellectual property laws. FONENTRY owns the title, copyright and other worldwide intellectual property rights in the FONENTRY App and all copies of the FONENTRY App. This Agreement does not grant you any rights to FONENTRY’s trademarks or service marks.

21.  Feedback.

You may choose to or we may invite you to submit comments or ideas about FONENTRY, including without limitation about how to improve FONENTRY or our other products (“Feedback”). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place FONENTRY under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, FONENTRY does not waive any rights to use similar or related ideas previously known to FONENTRY or developed by its employees, or obtained from sources other than you. FONENTRY has no obligation to review any Feedback nor to keep any Feedback confidential, and FONENTRY may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

22.  Indemnification.

You agree to release, indemnify, defend, and hold harmless FONENTRY and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “FONENTRY Parties”) from and against any and all third-party claims asserted against any of them, and all related costs, losses, damages, judgements, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to:

    1. any actual or alleged breach by you of this Agreement;
    2. your access to or use of the FONENTRY website or Apps; or
    3. any actual or alleged violation by you of the intellectual property, privacy or other rights of third party.

This provision does not require you to indemnify any of the FONENTRY Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the FONENTRY App.  FONENTRY reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FONENTRY in asserting any available defence and doing so will not otherwise excuse your indemnity obligations.

23.  Representation and Warranties.

You represent and warrant to us that:

    1. you are at least eighteen (18) years of age;
    2. you are eligible to register and use FONENTRY and have the right, power, and ability to enter into and perform under this Agreement;
    3. the name identified by you when you registered is your name or business name;
    4. you and all transactions initiated by you will comply with the law, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations;
    5. you will not use FONENTRY, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of FONENTRY; and
    6. your use of FONENTRY will be in compliance with this Agreement.

24.  Disclaimer of Warranties and Conditions.

You expressly understand and agree that FONENTRY is provided on an “as is” and “as available” basis and your use of FONENTRY is at your own risk. To the maximum extent permitted by applicable law, FONENTRY is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from FONENTRY or through the FONENTRY App will create any warranty not expressly stated herein. Without limiting the foregoing, FONENTRY, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that any content or information provided through FONENTRY, including, without limitation, any business listings, or ratings, reviews or metrics found on, used on, or made available through FONENTRY, is accurate, reliable or correct; that FONENTRY will meet your requirements; that FONENTRY will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that FONENTRY is free of viruses or other harmful components.  You acknowledge and agree that FONENTRY is not liable to you for any loss or damage that might arise, for example, from FONENTRY’s inoperability, or security vulnerability, or from your reliance on the quality, accuracy, or reliability of any content downloaded or otherwise made available through use of the FONENTRY platform, including, without limitation, any business listings, ratings, reviews or metrics found on, used on, or made available through FONENTRY.  Your sole and exclusive right and remedy in case of dissatisfaction with the FONENTRY platform, or the content or services made available through FONENTRY shall be your termination and discontinuation of access to, or use of the FONENTRY platform.

FONENTRY does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the FONENTRY app or any hyperlinked website or service, or featured in any banner or other advertising, and FONENTRY will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

25.  Limitation of Liability and Damages.

You understand and agree that, to the maximum extent permitted by applicable law, in no event shall FONENTRY, its processors, its suppliers, or its licensors or their respective affiliates, agents, directors, and employees be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of FONENTRY.  Under no circumstances will FONENTRY be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of FONENTRY or your FONENTRY account or the information contained therein.

To the maximum extent permitted by law, FONENTRY, its processors, its suppliers, and its licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any:

    1. errors, mistakes, or inaccuracies of content;
    2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the FONENTRY website or App;
    3. any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
    4. any interruption or cessation of transmission to or from the FONENTRY app;
    5. any bugs, viruses, trojan horses, or the like that may be transmitted to or through the FONENTRY platform by any third party;
    6. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the FONENTRY platform; and/or
    7. user content or the defamatory, offensive, or illegal conduct of any third party.

In no event shall FONENTRY, its processors, agents, suppliers, or licensors (or their respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount the lesser amount of cost of the purchase made or two hundred and fifty pounds.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if FONENTRY has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The FONENTRY platform is controlled and operated from facilities in the United Kingdom. FONENTRY makes no representations that the FONENTRY platform is appropriate or available for use in other locations. Those who access or use the FONENTRY platform from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations including but not limited to export and import regulations. You may not use the FONENTRY platform if you are a resident of an embargoed country or are a foreign national or entity blocked or denied by the United Kingdom government.

26.  Arbitration Agreement.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with FONENTRY and limits the manner in which you can seek relief from us.

Applicability of arbitration agreement. If a dispute of any kind arises with a FONENTRY Partner, you agree to resolve that dispute with the applicable FONENTRY Partner. For any dispute that you have with FONENTRY, we will make every reasonable effort to resolve any disagreements that you have with us. If those efforts fail, by using the FONENTRY platform, you agree that all disputes arising out of or related to this agreement or any aspect of the relationship between you and FONENTRY, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that are not resolved pursuant to the previous sentence will be resolved by binding arbitration, rather than in court, except that : –

    1. you or FONENTRY may assert claims in small claims court if the claims qualify; and
    2. you or FONENTRY may seek relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
    3. this arbitration agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this agreement or any prior to this version of this Agreement.

Authority of Arbitrator. The arbitrator shall apply Arbitration Act 1996 consistent with the laws of England and shall have exclusive authority to: –

    1. determine the scope and enforceability of this Arbitration Agreement, and
    2. resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.
    3. The arbitrator will decide the rights and liabilities, if any, of you and FONENTRY. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
    4. You and FONENTRY are electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with FONENTRY.

27.  Exclusive Venue.

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and FONENTRY agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in English courts.

28.  Governing Law.

This Agreement and any action related thereto will be governed and interpreted by and under the laws of England, without giving effect to any principles that provide for the application of the law of another jurisdiction.

29.  Right to Amend.

We may, in our sole discretion, change or add to the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of FONENTRY. We will also update the “Last Updated” date at the top of this Agreement. Any use of FONENTRY after our publication of any such changes shall constitute your acceptance of this Agreement as modified. If you do not agree to any changes, you must stop using FONENTRY, and you can terminate your FONENTRY Account by emailing customer.services@fonentry.com. It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.

30.  Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, transferred or delegated by FONENTRY without restriction. This Agreement is binding on the parties and their successors.

31.  Third-Party Services and Links.

Through FONENTRY, you may be offered and given access to services, products and promotions provided by third parties and not by FONENTRY (“Third Party Services”). If you decide to access or use these Third-Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that: –

    1. FONENTRY is not responsible for the performance of these services or the acts or omissions of the entities that provide them.
    2. The FONENTRY platform may contain links to third-party websites as a convenience to you.
    3. The inclusion of any website link does imply an approval, endorsement, or recommendation by FONENTRY.
    4. You access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement.

FONENTRY expressly disclaims any liability for these websites and the acts and omissions of the entities that provide them. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link in the FONENTRY platform, is subject to that digital property’s own rules and policies.

32.  Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the FONENTRY platform, please email us at customer.services@fonentry.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

33.  Electronic Communications.

The communications between you and FONENTRY use electronic means, whether you visit the FONENTRY platform or receive FONENTRY e-mails, or whether FONENTRY posts notices on the FONENTRY App or communicates with you via e-mail. For contractual purposes, you agree that following do not affect your statutory rights in that you: –

    1. consent to receive communications from FONENTRY in an electronic form; and
    2. agree to all terms and conditions, agreements, notices, disclosures, and
    3. agree that other communications that FONENTRY provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

34.  Release.

You hereby release FONENTRY and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the FONENTRY platform, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the FONENTRY platform.

35.  Consumer Complaints.

You may e-mail complaints to customer.services@fonentry.com.

36.  General Provisions.

This Agreement constitutes a complete statement of the agreement entered into between you and FONENTRY, and describes the entire liability of FONENTRY and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the FONENTRY App. FONENTRY shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials, loss of power or Internet connectivity. In the event of a conflict between this Agreement and any other FONENTRY agreement or policy, this Agreement shall prevail. If any provision of this Agreement is invalid or unenforceable under law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.  This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and FONENTRY. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that FONENTRY may have under trade secret, copyright, patent, or other laws. FONENTRY’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

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