NOWCA LTD
Terms and Conditions
Thank you for seeking to obtain our agreement, granting you permission to use the NOWCA System. Also known as an ‘Open Water Safety and Timing Management System’ for Lakes, Lochs, Rivers, Sea, Lido & all open water facilities. www.nowca.org is a website and App system. The NOWCA organisation is powered by KSCAN, a holding company. NOWCA’s sister company is Club Timing, www.clubtiming.com.
NOWCA LTD ("NOWCA", "we" or "us" or “system”) trading as NOWCA LIMITED in England and Wales under company number 07516571. Incorporated on 3rd February 2011.
Agreement between you and NOWCA LTD
These general Terms and Conditions ("Terms") are an agreement ("Agreement") between (“you”) or (“Venue”) and NOWCA Ltd. They cover your use of the ‘System’, including but not limited to: software, website and app. Products and services are made available through www.nowca.org / www.kscan.co and a downloadable App ("system") currently for any android device. By using the Website and App, you agree to be bound by these Terms, as well as our Privacy Policy.
This Agreement governs any use of the Website and App as a registered NOWCA (“Venue”) / our customer.
You are responsible for making all arrangements necessary to have access to the ‘System’. You are also responsible for ensuring that all persons who access the Website and App through your services are aware of these Terms and that they comply with them. Your ‘customers’ (members, clients) agree to their own separate set of NOWCA and Club Timing terms and conditions when signing up to create their profile.
The Website and App is offered to you conditional upon your acceptance of these Terms and any notices contained in these Terms and the Website itself. Please read these Terms carefully before you agree to sign up and start using the Website and App. By using the Website and App, you agree to these Terms and notices.
Please note that the statements set forth under the headings "More simply put" are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.
More simply put:
By using the NOWCA System, you agree to our Terms and Conditions.
NOWCA provides a platform for tracking your customers safety and timing across any activity and event.
Rest assured NOWCA LTD is not a part of your business. The information provided by NOWCA along with the content and data on our Website and App is related to your customers, members, client’s activity ("activity and event Information") is provided confidentially for your business use. We cannot guarantee that Data Collected is 100% correct, current or up-to-date, nor suitable for every situation. It relies on your businesses user operation and can have minor errors if not operated correctly. For instance, ‘logging incorrect data’.
The documents and resources available on the NOWCA Website and App are forms and templates reasonably fit for use by you as a starting point for the preparation of running sessions, timing your customers activities and events. They are only intended to be used as templates, to be customised and adapted by you to meet your individual requirements. Therefore, if you need to spend time learning correct use from our website and ‘playground' version of the App or tutorial videos on YouTube they are available and we advise you do this.
By using our App and website you agree to our terms and that you will promote NOWCA positively wherever possible. NOWCA agree to promote your venue on their website and in some advertising media, however this does not create a working partnership between us and your customer (club member and Client). The working relationship between NOWCA and your business is that we have a mutually beneficial understanding and have granted you license to use our products. The working relationship is maintained between your business or club and your own customers. We reserve the right to hold the data of your customers and use for statistical and marketing purposes.
The directory of NOWCA venues and operators published on the Website is provided free of charge to anyone and is for information purposes for your customers whose details can be accessed by you or other operators of the Website and App for national NOWCA Venues or our sister organisation - Club Timing. NOWCA does not endorse or recommend anyone using the App, nor does it make any warranty as to the qualifications or competency of any NOWCA Venue or operator. It is solely down to you to ensure you have a safe venue for your customers. For your customers peace of mind, we provide you with a ‘self-certification form’ to fill in and send back to us electronically. This ensures that NOWCA venues meet duty of care guidelines for their customers. We are then happy to license your venue as ‘NOWCA’ fit for purpose: namely Open Water Swimming.
More simply put:
NOWCA is not part of your business. You can advertise you use the NOWCA system.
Free trials and Full Packages
NOWCA strongly advise using the learning services available. You agree to ensure anyone authorised by you to use the NOWCA App or Website has had sufficient training to run the ‘system’ properly. NOWCA makes available a trial version of the App and website for the limited use of our NOWCA System Services (each a "Trial Offer") is for all new and prospective customers who express an interest in running the NOWCA System for their customers (club members, Clients).
As part of our Venue support services, we offer a Venue Managers Conference held at a centrally located venue which we ask all Venues staff to attend where possible. Education and training on the system is provided. You must notify NOWCA info@nowca.org if you can or cannot attend. Invites will be sent out as soon as dates are confirmed to give as much notice as possible. No expenses will be paid for this.
Subsequent to initial registration on the NOWCA website www.nowca.org you will be given a link to download the App onto your (android device/s - not provided)
You can download the App to as many android devices as you need. There is no charge. You will be able to set up more than one venue / operation if you choose and these can be run from the same App download by ‘switching venues on the menu’.
NOWCA provides a ‘venue webpage’, the App downloads, Scanners and quantities of un-processed wristbands at no cost depending on package selection. You also have added value in the form of office help from the NOWCA team, resources with advice, guidance, tutorials, sample forms and templates.
NOTE: All NOWCA products remain the property of NOWCA until paid for in full or returned. Wristbands processed for customers become the customers property. All unused bands must be returned to NOWCA if no longer required.
Your Customers will be asked by you at the earliest opportunity to sign up online at www.nowca.org and create their personalised profile. This is when they set up the annual ‘subscription’ set at current price. Whereafter when they visit you, you can process their new wristband for them which becomes their property and these do not need to be returned.
To ensure uninterrupted service and to enable your Customers to conveniently purchase subscription products and services, NOWCA uses the PayPal subscription service. Please note that it is your customers responsibility to maintain current credit card information to enable renewal payments. If you use the App system to take any onsite payments on behalf of NOWCA you must pay any invoices sent from NOWCA within the terms set out for you. (see payment terms)
More simply put:
When you agree to these terms and conditions you can run a free trial App for educational purposes, set up your venue profile for free, start creating your customer database, running activities and events at no cost outlay to you (subject optional to additional scanner requirements)
PAYMENT STRUCTURE
Your customers will pay an annual charge via a subscription to NOWCA (as of July 2021 this is set at £15). For your customers who sign up and tick your venue as their ‘local venue’ you will receive a commission % every time they renew each year for life of the subscription. We will pay you no more than 25% (commission payment) fee unless a separate agreement is reached with NOWCA in writing from 2018 onwards.
If any of your customers already have a wristband from another venue or organisation such as Club Timing their details will be recognised and added to your database, however they will not be subject to the ‘commission payment’ claim by you.
Replacement Wristbands
Wristbands are only replaced if they are broken or lost or customer reaches award levels.
There is a levy of £3 for any replacement bands paid by you on receipt of your NOWCA invoice. NOWCA will send out regular statements of account. Award level bands are free for the venue in return for social media marketing by the venue and NOWCA.
Please note to your customers: The wristband should not be worn on the swimmers’ ankle.
Temporary Wristbands
These are for anyone who has a current paid up subscription and profile but doesn’t have their band with them and wishes to do an activity or event. There is no charge for this facility. We supply you with a quantity of temporary bands. The temporary band is returned to you at the end of its use and the activity log added to the customers profile.
Guest Bands
This is for any one-time visitor or someone who doesn’t think the NOWCA subscription is for them. There is a £1 charge to you per band per use by any of your customers and it is up to you to collect this money in preparation for paying our invoice. We provide you with a number of guest bands. The guest must fill out the onsite form on the App every time they use a guest band. The guest band is given back to you at the end of the session. Only reasonable usage of guest bands is allowed, activity will be tracked and if there is an abnormally high usage we reserve the right to ask for written explanation of what you are using them for and why. NOWCA can arbitrate what they consider is abnormally high.
Award Bands
NOWCA use an award system rewarding consistency and excellence of your customers. Current awards are Silver and Gold Wristbands provided free when they achieve 50 or 100 swims at one venue. (See ‘replacement bands’ above)
Wristband Stocks
NOWCA will provide wristbands in quantity drops as they deem necessary. If the venue wishes a specific quantity they must send an order request to NOWCA as soon as possible by email. NOWCA will endeavor to send these out by return but cannot guarantee this. Therefore, venues must give plenty of warning so as never to run out of wristbands. It is down to you to ensure you always have enough stock of wristbands.
There are two sizes available for use with adults and kids.
Scanners
When you start we provide you with one scanner and cable that plugs into your android device. Any additional scanners are charged at ‘current cost to us’ including administration and postage and packing. If and when we upgrade any products you will be notified of availability and cost.
Water Testing
Water Testing should be a regular occurrence in your venue. NOWCA have negotiated with a national water testing company to get reasonable costs for our venues and asks that every venue ensures funds are available to conduct these tests to within standards of EU bathing. You agree to publish these results on your NOWCA webpage. Water testing guidelines are available to venues under logins for resources. It is up to you and your own health and safety as to when and how many times this is done a year.
Updates
Venues agree to run any updates before a session and push data immediately at the end of every session or as soon as is reasonably possible. There are custom fields which must be completed on the App dashboard before pushing data. These are currently water temperature and weather conditions.
Technical
You agree that if you find any errors or technical problems out of the ordinary within the ‘system’ or a customer’s profile, you must notify NOWCA immediately within 24 hours, listing the issue. NOWCA will seek to find a resolution to any issues within the ‘system’
NOWCA LOGO
NOWCA logos are not to be reproduced unlawfully for marketing purposes unless authorised in writing.
Assign ability
You may not assign or transfer rights or obligations pursuant to this Agreement without the prior written consent of NOWCA Ltd. Any assignment or transfer in violation of this section shall be void.
Cancellation of our agreement
If for any reason you decide that you do not wish to continue with the system you must notify NOWCA by email giving as much notice as possible with a minimum of one month to info@nowca.org We will automatically close your account. All monies owed to NOWCA must be paid immediately. Any NOWCA products unpaid for must be returned to the NOWCA registered office (see above) in the condition they were sent. Your customers can still use their wristbands at any other NOWCA or Club Timing venue. There are no refunds given to your customers.
Payment Terms
All invoices are to be paid within 14 (fourteen) calendar days. Statements will be sent out regularly with reminders. Anyone failing to pay within the terms may be subject to legal action.
For outstanding invoices owed to NOWCA you have 14 (fourteen) calendar days (the Statutory Period) from the date you received your invoice. Overdue payments may result in legal action against you.
Refund policy
There will be no refunds given for any payments made to NOWCA Ltd. This applies to any services or products you have purchased including your customers payment to NOWCA for their wristband.
If you cancel your agreement you automatically waive the right to payments for any monies owed to you by NOWCA. Additionally you lose any commission payment for renewed subscriptions. If you do not use the system for a period of 9 months from the last session we automatically assume you have cancelled this agreement.
More simply put:
There are no refunds given once you have agreed to these terms and conditions. You agree to use the system regularly throughout the open water season or risk cancellation of this agreement.
Fees and renewals for your customers.
From time to time, we may offer different subscription terms. The fees for annual customer subscriptions is currently set at £15. Coaches are offered a free upgrade to ‘Coach Status’ These may vary with notice of no less than 30 days. The annual fee for your customers are non-refundable. We will give you update notice via email of any future annual renewal fee changes no less than three (3) calendar months before.
Annual customer subscriptions will automatically renew until cancelled by your customers.
Customers can cancel their subscriptions via their PayPal account. If their next year has started that fee cannot be refunded but the annual renewal subscription can stop. It is important however that you notify your customers that once they have cancelled their renewal if they don’t make a payment, when it runs out their personal login page with all their records and history of activities may be hidden and left dormant until set up again. In some circumstances, it could be lost.
Note: Commission percentage from your customers is subject to change, whereby you will be notified at least three months prior to change.
More simply put:
Your customers annual subscription will automatically renew unless they cancel before the renewal date.
Failure to provide subscription payments
If your customers fail to provide a full subscription payment on time, we reserve the right to deem such a failure as notice of cancellation and cancel their account immediately.
More simply put:
If they stop paying for their account, we reserve the right to cancel it immediately. If they are unable to change their designated payment method, we reserve the right to suspend their access until we can process their payment.
Limitation of liability
We do not accept liability of whatever nature of errors, omissions corruptions of data or breakdowns for the system for whatever the reason.
We do not accept liability should you suffer loss, accident or injury to you or your customers when using the NOWCA System.
It is your responsibility to ensure that updates are carried out, android devices and remote devices are fully functional and charged before during and after sessions. Scanners provided are basic. They need to be treated carefully and kept away from water unless placed in a plastic zip lock bag. We suggest purchasing spares of these incase they get damaged. You must check these before and after every session.
Consent to receive emails
Through the system your customers will receive communications from NOWCA, such as activity statistics, event results, account reminders and updates. Customers are also able to receive marketing emails from NOWCA should they consent. If, as a venue, you wish to use customer data for marketing purposes, you must ensure you have the correct consent to the standard of current & future legislation.
More simply put:
Customers will receive mandatory notifications from the NOWCA system. They can choose to not receive any (NOWCA or venue) marketing emails.
Intellectual property rights
For the purposes of these Terms, "Intellectual Property Rights" means any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyright, software rights, database rights, rights in and to business names, product names and logos, processes, trade secrets, confidential information and any similar right in any jurisdiction.
NOWCA Ltd shall retain and be assigned all rights, title, interest and Intellectual Property Rights in relation to the website, content, files, resources, App and other system requirements including development for existing and anything developed in the future to. (the "System").
Except as otherwise provided in these Terms, you must not:
· reproduce, modify, translate or create derivative works of any Website content and App;
· sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any website content or App; or
· circumvent or disable any security or technical features of the Website Content and App.
NOWCA® is a registered organisation under the umbrella of KSCAN Limited. NOWCA Ltd is a sister company to Club Timing and communicates through its system to each other and its databases under license.
The names of any companies or products mentioned on the Website may be the trademarks of their respective owners.
All Content is Copyright © NOWCA and/or its suppliers, holding company, affiliates and partners. All rights reserved.
More simply put:
NOWCA’s intellectual property belongs to us. You agree not to copy or sell any of our intellectual property.
No unlawful or prohibited use
As a condition of your use of the System, you will not use the Website and App for any purpose that is unlawful or prohibited by these Terms. You will not use the Website and App in any manner which could damage, disable, overburden or impair the Website or App, or interfere with any other party’s use and enjoyment of the Website and App. You will not obtain nor attempt to obtain any materials or information through any means not intentionally provided for on the Website and App.
The Content is protected by copyright and all other applicable Intellectual Property Rights set out above. Content is for your business use only and not for resale. Your use of the Website and App does not entitle you to resell any Content from the system. For the avoidance of doubt, your use of the Website and App constitutes your acceptance of these Terms and your promise that you will not resell or otherwise attempt to commercially benefit from the Content without our written express consent.
Our status as the owners of material on the Website and development of the App means you must not use the ‘system’ in a derogatory manner. If you are in breach of these Terms, your right to use the Website and App will cease immediately and you must, at our option, return any un processed wristbands and scanners and NOWCA Property.
More simply put:
You agree not to use our website and App for any unlawful or prohibited purpose.
Parental Consent
You might be asked to activate a ‘parental consent’ tick box onsite on behalf of a child 16 years old and under. You agree to verify that a parent or legal guardian is onsite and that they understand your venue rules pertaining to minors. When someone 16 (sixteen) and under scans in onsite the App will ask you to verify parental consent with the name of an accompanying parent or legal guardian.
More simply put:
You agree to verify age and consent of anyone 16 and under.
Acceptable use of communication services
The Website and or App may contain services such as bulletin board services via emails from the System, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group of your customers. (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
You agree that when using a Communication Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control these rights or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict or inhibit any other user from using and enjoying the Communication Services;
- breach any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
- breach any applicable laws or regulations.
We reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. NOWCA reserves the right to terminate your access to any or all of the Communication Services at any time without notice if we reasonably believe that you have breached these Terms or are misusing the Communication Services in any way.
Always use caution when giving out any personally identifying information about yourself or children and or any customers in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Venue Managers and hosts are not our authorised spokespersons and their views do not necessarily reflect our views.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for keeping within these limitations if you authorise colleagues to use the system on your behalf.
More simply put:
We offer ways to communicate through our website and App. You agree to use those services as intended and not to add anything illegal or abusive.
Ownership and preservation of your licensed system data
You agree that by using our system we own any of the data provided to us by it.
By posting, uploading, inputting, providing or submitting data into the system, you grant NOWCA, its affiliated companies and necessary sub licensees permission to use it in connection with the operation of their ‘Safety and Timing Management System including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your data; and to publish your name in connection with your use. No compensation will be paid in relation to the use of your data. We are under no obligation to post or use any data you provide and may remove any data at any time in our sole discretion.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our discretion.
More simply put:
The data you provide, create and store on our website and App belong to NOWCA, Club Timing and KSCAN Ltd, but if required to by law, we have the right to share them with law enforcement.
NOWCA Ltd’s Right to Terminate
NOWCA shall have the right to terminate this Agreement for the following reasons:
(a) Venue fails to pay NOWCA fees as agreed in Terms and conditions and Payment Schedule:
(b) Venue fails to introduce the product to market by 30 days after agreeing to terms and conditions. Venue will return all NOWCA property with immediate effect. Any missing or damaged property will incur an invoice to the current recommended retail value of all products, merchandise and materials given to the venue by NOWCA plus any expenses.
(c) Venue fails to maintain confidentiality regarding NOWCA’s trade secrets and other Information;
(d) Venue assigns or sublicenses in violation of the Agreement; or
(e) Venue fails to maintain or obtain product liability insurance as required by the provisions of this Agreement.
(f) Venue fails to provide product samples and maintain quality control of this agreement.
(g) Venue does not uphold the standards of NOWCA company.
(h) Venue does not comply with all the terms and conditions.
More simply put:
NOWCA have the right to terminate this agreement if the venue or user does not meet the terms and conditions.
Data protection
Any documents you share may include commercially sensitive or confidential information relating to you, your business or affairs or the business or affairs of a third party, or information protected by the Data Protection Act 1998 and new GDPR legislation from 25th May 2018. If you share anything pertaining to NOWCA, Club Timing and KSCAN, it is your responsibility to ensure that you comply with all applicable legislation, regulations and any legal duties or obligations you may have. We will not be responsible for any breach of any such legislation, regulations, duties or obligations arising out of your use of the System.
More simply put:
It is your responsibility to ensure that you comply with data protection requirements when using our System – Especially any new legislation such as GDPR.
See Privacy Statement
Links to third party websites
NOWCA's website may contain links to third party products and resources. Referred to as their "Partners". Links are provided for your customers convenience to help them identify and locate other resources that may be of interest. NOWCA does not sponsor and is not legally associated with any third party Linked Sites. NOWCA is not legally authorised to use any trade name, registered trademark, logo or copyrighted material that may appear in the link.
NOWCA does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. These Terms do not cover you or your customers interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third-party sites.
If you use any service provided on a Linked Site, (a) NOWCA will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) NOWCA does not warrant or support any service provided by the third party.
More simply put:
The links we provide on our website are for information only. We don't endorse and are not responsible for the content on those websites.
Liability disclaimer
The information, software, products, and services included in or available through the System may include inaccuracies or typographical errors. Changes are periodically added to the information. NOWCA and/or its suppliers may make improvements and/or changes to the Website/App at any time. Information received via the App and Website should not be relied upon for personal, medical, emergency contact or statistical advice. It is there to aid your delivery of safety and timing management of groups and individuals at your venue.
Although NOWCA will use its reasonable efforts to keep the Website and App available and the information on the Website and App reasonably accurate, NOWCA and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website and App for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. NOWCA and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Trial users
You use the Website and App at your own risk. Neither NOWCA nor any sister or holding company within our group, and our and their respective agents, employees and subcontractors, shall be liable to you or any other party for any losses, damages, accidents of injury whatsoever or howsoever arising in connection with the Website and App (whether under these Terms or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
Fee paying members
NOWCA accept NO liability to you for any loss, damage, death or personal injury.
Under this paragraph:
- "NOWCA's liability" includes that of any company in our group and our and their respective agent’s employees, subcontractors;
- "You" includes any other party claiming through you; and
- "Loss or damage" includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with use of the Website, App, System, whether under this agreement or other agreement or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence.
- This section of the Terms relates to death or personal injury caused by negligence. NOWCA is not liable for any of yours or your customers, member’s or client’s death or personal injury.
Service contact
Most venue and customer concerns can be resolved quickly and to yours and the customer's satisfaction by contacting our customer service department at info@nowca.org
More simply put:
While we do our best to make sure everything is accurate and up to date, your use of our website and App is entirely at your own and your customers own risk.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website and App.
Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, App or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future. You must look at them and notify us to your agreement.
A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
Modifications
We aim to update the Website and App regularly and can change the content at any time. We will use our reasonable efforts to keep the Website and App available to you, but if necessary, under extreme circumstances, we may suspend access to the Website and App, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
More simply put:
We can update or suspend our website and App at any time.
Entire agreement
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the ‘System’ including but not limited to the Website and App and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the System’ including but not limited to the Website and App.
More simply put:
These terms are the one and only official agreement between you and NOWCA.
Assignment
You must not assign or otherwise transfer the Terms, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms.
More simply put:
You cannot transfer the rights granted by these Terms to anybody else.
Waiver
Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
More simply put:
If for some reason we can't or don't enforce these Terms, it does not affect our right to do so later. If we don't enforce part of these Terms, the rest of the Terms will still be valid.
Applicable law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.
More simply put:
These terms are governed by the law of England and Wales.
LAST UPDATED: February 2018