Please read this document carefully as it contains important obligations that you as a Client user or Practitioner must adhere to. If you do not agree to these Terms, please do not use this Website.
This Website and related Services are owned and operated by The Circle Line London Limited (t/a The Circle Line), a limited company registered in England and Wales under company number 12147684 whose registered office address is Kemp House, 160 City Road, London EC1V 2NX (“The Circle Line”).
Your use of this Website and/or the Services is subject to these terms and conditions (“Terms”). Please read them carefully before using the Website.
In these Terms we/our/us etc means The Circle Line, and you/your etc means you as a user/ client (known as the “Client”), and/or therapist / counsellor / coach or other mental wellbeing-related practitioner (known as the “Practitioner”) using the Website and any of the Services offered by The Circle Line.
In these Terms “Website” means the site at www.thecircleline.co.uk or related or successor sites or apps provided by The Circle Line.
In these Terms “Service(s)” means the self-development service and online platform that provides access to therapy-related services including, but not limited to, connecting people with therapists and coaches for sessions online or via telephone, as provided via the Website by The Circle Line.
Some provisions in these Terms only apply to individuals located in the UK. All Clients and Practitioners must comply with all laws, rules and regulations where they reside, and should not rely upon The Circle Line to ensure such compliance.
Accessibility: If you are having any trouble accessing these Terms or the Website or Services, please contact us at [email protected] Our hours of operations are: Monday – Friday 9am-5pm.
1.1 When booking and participating in a session with a Practitioner, you are entering into an agreement with the relevant Practitioner and not The Circle Line. The Circle Line is not a party to any agreement between you and any Practitioner and The Circle Line accepts no responsibility for the Practitioner’s services or the Client’s actions. By using the Service, you confirm that you understand and agree to use the Service on such terms.
1.2 The agreement that you enter into with Practitioners each time you book and participate in a session is partly managed by these Terms. Other terms provided directly by the Practitioner may also apply. Please read these Terms and all other disclosures carefully before booking and participating in any sessions.
2.1 In order to use the Service, you need to provide us with some details for our use and that we may disclose to your practitioner. As a minimum, you will need to provide us with your name, email address, telephone number, and the name and contact details for an emergency contact of your choice.
2.2 You must be at least 18 years of age to use the Service, and be using the Service for yourself, or in order to facilitate treatment for somebody in your care. If you are using the Service on behalf of somebody who is under 18 years of age, does not have the capacity to enter into legal relations or is otherwise incapable of using the Service without assistance from another person (for instance, due to a disability or impairment), then you warrant that you have either the authority or their explicit consent to use the Service in an administrative capacity on their behalf. In this case, you enter into these Terms with The Circle Line on behalf of your dependent and these Terms (including, where relevant, the below Practitioner/User Terms) will apply to you. You will also procure that the person on whose behalf the Service is used, and who attends the sessions, will also comply with these Terms.
2.3 You agree that you will not (i) create multiple user accounts; (ii) create an account on anyone else’s behalf unless authorised to do so as above; (iii) let anyone else use your account; (iv) impersonate another user; or (v) record any part or whole of your Dashboard or session without permission from The Circle Line and your Practitioner.
3.1 Client obligations
As a Client, I agree:
To use the Service, you will need a device that is capable of accessing the internet (such as a laptop, desktop, phone, tablet) and a reliable internet connection.
3.3. Finding and Booking sessions
The platform will allow you to meet your Practitioner or search for Practitioners using search criteria. If the latter, the platform will suggest a number of relevant Practitioners based on your search criteria. You will be able to book sessions with one or more Practitioners, via our Website. Your chosen Practitioner may or may not accept your booking. Any request you make for a session, and any offer to conduct a session given by the Practitioner, will only become binding on you and the Practitioner when the booking of the session is confirmed. The suggestions we make in relation to available Practitioners are based on the information given to us by you and by Practitioners. We do not endorse any particular Practitioner or guarantee that any recommendation will meet your needs.
You should take care in selecting a Practitioner and a session, and you do so at your own risk.
3.4. Communications with Practitioners
Where you find a Practitioner through The Circle Line, you understand and agree that any Client/Practitioner relationship developed between you and any Practitioner as a consequence of your use of The Circle Line Service must continue to be conducted via The Circle Line platform. All bookings, transactions and sessions must be conducted through the platform.
Messages sent from you to Us are not encrypted in transit. Messages are encrypted for storage purposes only.
Whilst aggregated anonymous data (in relation to which individuals will not be identifiable) may be collected for statistical and analytical purposes to improve the Services, messages are not decrypted or used for any other purposes. Any communications between you and the Practitioner will not be vetted by The Circle Line for purposes related to your health and safety. The Circle Line will have no liability with respect to the contents of any communication or session between you and any Practitioner.
3.5. As this is a therapeutic relationship, Practitioners do not accept friend requests on any form of social media. In their own social media and marketing activity, Practitioners do not use any client specific content or make reference to any client.
4.1 Practitioners are responsible for the content of their sessions. We do not vet the content of their sessions, their methodology, techniques or therapeutic approach.
4.2 We can accept no responsibility or liability in respect of the sessions provided by Practitioners. You participate at your own risk.
4.3 Following your participation in a session, you may provide private feedback to a Practitioner. This feedback will not be published on the platform, but may be used internally by The Circle Line to assess a Practitioner’s performance. You agree to be honest in your feedback.
4.4 You agree that you will not record any sessions.
4.5. The number of sessions will depend upon your needs and will be negotiated and reviewed with your Practitioner.
5.1 You are responsible for ensuring that you are fit to undertake all sessions. If you are in danger, need emergency help or are considering actions that could harm you or others, you should not rely on the Services. You should dial a number for your local emergency services.
5.2 Any advice, response or information provided by a Practitioner, prior to, during or after a session, cannot be considered a substitute for examination by a medical doctor or a licensed qualified professional. You are advised to exercise a high level of self-care and protection in the use of the Service. In using the Service you agree to be responsibility for your own safety and mental health.
5.3 You must not participate in any activities which you have been told are not suitable for you.
6.1 Practitioners listed on the platform will confirm which body they are licensed, accredited or registered with (as the case may be) including State regulatory agencies, BACP, UKCP, BABCP, HCPC, COCSA, BPC, CPSRT, NCS or any other body we deem appropriate from time to time.
6.2 The Circle Line does not make any representation or guarantee as to:
6.3 The platform may suggest one or more potential matches based on a Practitioner’s compatibility with your search criteria. You take full responsibility for the decision to contact and/or have one or multiple sessions with a Practitioner.
6.4 Practitioners define every aspect of their sessions – including content, structure, methodology, language and tone used.
6.5 All sessions are confidential between Practitioner and Client. There are, however, some limits to confidentiality:
6.6 Practitioners keep minimal case notes, and if working towards accreditation they may record sessions, for their own reference, learning and recall. They remain anonymous and kept securely locked. Practitioners retain this information for their standard length of time unless requested by you that they be destroyed prior. You can ask your Practitioner to know their standard length of time to retain notes. Any specific personal reflections and supervision notes are destroyed as soon as they fulfilled their purpose or at the end of the relationship. In the UK practitioners are registered with the Information Commissioner’s Office (ICO) for the storage of personal information. If you have any concerns about your Practitioner’s management of storage of personal information, you are able to complain directly to the ICO. In the event of any breach of personal information, your Practitioner will contact yourself, the ICO, and their accrediting body within 72 hours.
6.7 You have the right to request the details of any information your Practitioner holds on you, and this information will be provided by your Practitioner in an easily accessible format within one month in accordance with the ICO guidelines.
The Circle Line is an Agent
7.1. The Circle Line is an agent for the purposes of processing payments between you and the Practitioner. When you book a session, you enter into a contract with the relevant Practitioner to receive services from the Practitioner (and The Circle Line just connects you with the Practitioner). When you pay for a session, we collect these fees on behalf of the Practitioner.
7.2 The price for each session is as set out on the Website or Practitioner profile, and cannot be changed.
7.3 The Circle Line will in most cases receive a commission from the Practitioner for connecting you with or providing use of the Website to that Practitioner.
7.4 The Circle Line will charge and pay the relevant amount of VAT on the commission it receives. The Practitioner is responsible for any VAT due regarding the services they provide.
7.5 You may pay for sessions using credit/debit card and certain other online payment processors as offered on our Website from time to time during the booking process.
7.6 The Circle Line does not accept insurance or process insurance claims. All such claims should be handled on your own with your own provider.
Important Payment Information
7.7 No matter how much protection we have on the site, the security of information and payments over the internet cannot be guaranteed. We shall under no circumstances be liable for any losses incurred or sustained by users who transmit information by email or other internet link.
7.8 You will be charged in the currency as indicated when you book a session.
7.9 We are not responsible for any additional fees your bank or payment provider may charge whether for payments, refund or otherwise.
7.10 Payment processing services for clients and practitioners on The Circle Line are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a practitioner on The Circle Line, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of The Circle Line enabling payment processing services through Stripe, you agree to provide The Circle Line accurate and complete information about you and your business, and you authorise The Circle Line to share it and transaction information related to your use of the payment processing services provided by Stripe.
8.1 If a Practitioner:
you will have the option of rescheduling a session with that Practitioner for a later date or requesting a refund for that particular session by email to [email protected]. If the Practitioner cancels with more than 48 hours notice you will not be entitled to a refund but may reschedule.
8.2 The Circle Line will review your request and grant refunds at its discretion. In the case of a refund requested for any reason other than those set out in (i) to (iii) of clause 8.1, The Circle Line reserves the right to grant or deny the requested refund at its sole discretion.
8.3 Any refund will be paid to the card/online payment account through which the order was placed.
No Refund unless you give at least 48 hours Notice
8.4 If you wish to cancel a session, you may do so by email to [email protected]. If you cancel at any time up until 48 hours before the start of the session, you will be eligible to receive a full refund. If you cancel after this time, you will be charged in full for the relevant session.
8.5 You will have the option to reschedule by emailing [email protected] and may do so without charge if that Practitioner has availability the same calendar week and accepts the proposed time. If the same Practitioner does not have availability to reschedule or declines the new proposed time, you will be charged in full for the relevant session. The Circle Line retains the right to revoke rescheduling privileges and put the cancellation policy in effect if we determine any abuse of rescheduling.
8.6 If you have any other concerns about a Practitioner for which you wish to request a refund, please let us know by emailing [email protected].
9.1 We reserve the right, acting reasonably, to immediately suspend or terminate your account if:
9.2 If we suspend your account, you will not be able to book or participate in any sessions during any period of suspension. If we terminate your account, you will no longer be able to log in to the Service and will not be able to book or participate in any sessions. If we terminate your account under this clause 8, we are not obliged to refund any monies paid or pre-paid by you. In the event that we do refund any monies to you, you will be liable for any charges administered by your bank or payment provider.
10.1 You acknowledge and agree that your Practitioner may share information about you and your participation in their sessions with us to the extent necessary for us to monitor your compliance with these Terms. Practitioners may report you to The Circle Line if they believe you are acting inappropriately, acting in an unsafe manner, or are otherwise acting in a way which is in breach of these terms.
10.2 If you have any concerns about a Practitioner or their sessions, then you agree not to participate in their sessions.
10.3 You agree to report any issues to us by emailing [email protected]. Following receipt of any report, we may contact you for further information.
11.1 You agree to make your own enquiries of prospective Practitioners and satisfy yourselves as to their credentials. We do not endorse or approve any Practitioner (or their employers, if relevant). We make no representations as to, and do not warrant the accuracy of, any Practitioner details.
11.2 We are not responsible for any errors in, and do not accept liability for reliance placed on, the contents of the Website (including content linked from or uploaded to Practitioners’ profiles) and/or any omissions which may occur.
11.3 While we use every effort to ensure that this Website remains functional at all times, errors, interruptions and delays may occur in the Service. We do not accept any liability arising from any interruption or delay in availability of the sessions or this Website.
11.4 To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content within it, whether express or implied.
11.5 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.
11.6 We will not be liable to any person for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or Services, or use of or reliance on any content displayed on the Website or provided via the Services. In particular, but without limiting the generality of the above, we will not be liable for:
11.7 To the extent we have any liability to you, this shall be limited at a maximum amount per claim of £50.
12.1 When taking a booking and providing a session to a Client, you are entering into an agreement with the relevant Client and not The Circle Line. The Circle Line is not a party to any agreement between you and any Client and The Circle Line accepts no responsibility for the Client’s actions or the Practitioner’s services. By using the Service, you confirm that you understand and agree to use the Service on such terms.
12.2 For purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in the United States, Practitioner is the Covered Entity and The Circle Line is a Business Associate. Practitioner and The Circle Line hereby agree to be bound by the terms of the Business Associate Agreement.
12.3 The agreement that you enter into with Client’s each time you agree to provide a session is partly managed by these Terms. Please read these Terms carefully before agreeing to and providing any sessions.
You acknowledge that The Circle Line is an agent for the purposes of processing payments between you and the Client.
You acknowledge that The Circle Line bears no responsibility for the services provided via The Circle Line platform, for any tax due in relation to those services, or for the conduct of Practitioners, Clients or any other user.
As a Practitioner, you warrant that:
15.1 As a Practitioner, you agree to:
– discuss or share your work with a clinical supervisor;
– believe a Client is at risk of harming themselves or others; or
– are required by a court of law to give evidence (e.g. in criminal proceedings).
15.2 You understand and agree that Clients book sessions directly through The Circle Line. You agree to offer at least 3 timeslots a week in your calendar where you will be available to meet new clients introduced to you by us. You may but are not obliged to reserve a specific timeslot for a Client without them booking and paying for it.
15.3 You agree the number of sessions will be negotiated and reviewed with the Client. As Clients are not under an obligation to give any notice to end their therapy sessions through The Circle Line, notice should be discussed with the Client in your first session.
The Practitioner agrees to fully indemnify The Circle Line against all damages, claims, actions, suits, proceedings, actions, liabilities, penalties, demands, sanctions, fines, charges, losses, costs and expenses (including reasonable external legal fees) brought against, suffered or incurred by The Circle Line as a result of a breach by the Practitioner of any warranties, representations, undertakings, these Terms or during Practitioner’s interactions with a Client.
17.1 You agree to make your own enquiries of prospective Clients and satisfy yourselves as to their objectives.
17.2 We are not responsible for any errors in, and do not accept liability for reliance placed on, the information provided by Clients and/or any omissions which may occur.
17.3 While we use every effort to ensure that this Website remains functional at all times, errors, interruptions and delays may occur in the Service. We do not accept any liability arising from any interruption or delay in availability of the sessions or this Website.
17.4 To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content within it, whether express or implied.
17.5 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.
17.6 We will not be liable to any person for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or Services, or use of or reliance on any content displayed on the Website or provided via the Services. In particular, but without limiting the generality of the above, we will not be liable for:
17.7 To the extent we have any liability to you, this shall be limited at a maximum amount per claim of £50.
To use the Service, you will need a device that is capable of accessing the Internet (such as a laptop, desktop, phone, tablet) and a reliable internet connection.
19.1 You understand and agree that any Client/Practitioner relationship developed between you and any Client we refer to you as a consequence of your use of The Circle Line Service must continue to be conducted via The Circle Line platform. All bookings and transactions must be conducted through The Circle Line platform.
19.2 Messages sent from you to Us are not encrypted in transit. Messages are encrypted for storage purposes only.
19.3 Whilst aggregated anonymous data (in relation to which individuals will not be identifiable) may be collected for statistical and analytical purposes to improve the Services, messages are not decrypted or used for any other purposes. Any communications between you and the Client will not be vetted by The Circle Line for purposes related to health and safety. The Circle Line will have no liability with respect to the contents of any communication sent by you or by the Client.
19.4 You understand and agree that as this is a therapeutic relationship, you will not accept friend requests on any form of social media. In your own social media and marketing activity, you will not use any client specific content or make reference to any client.
20.1 All Practitioners listed on the platform must be licensed, accredited or registered (as the case may be) with their local regulators and licensing authorities. In the UK, this includes accrediting bodies (including BACP, UKCP, BABCP, HCPC, COCSA, BPC, CPSRT, NCS or any other body we may deem appropriate from time to time). As a minimum, The Circle Line requires such accrediting bodies to be registered with the Professional Standards Authority (with the exception of the BABCP) and may conduct “mystery shopper” sessions from time to time to check standards and ethical compliance.
In New York, this includes compliance with the Telemental Health regulations set forth by New York State. Throughout the United States, this includes compliance with HIPAA.
20.2 Practitioners apply to use the Website by completing and submitting the online registration.
20.3 Practitioners may apply to be listed on the Website for client referrals by applying to The Circle Line when invited to do so and taking part in their application and interview process with all requested documents, references and interviews. We may refuse your application for any reason and without disclosing that reason.
For Clients you invite to use the Website, the price for each session is set by you and displayed on your profile. For Clients we refer to you, the prices for each session is as set out on the Website from time to time, and cannot be changed.
When the Client pays for a session, we collect the session fees on your behalf.
Clients may pay for sessions using credit/debit card and certain other online payment processors as offered on our Website from time to time during the booking process.
We transfer to you monthly the balance of the Client fees due to you for sessions you have conducted, less our costs and commission and any VAT payable on that commission, by bank transfer using the bank details given in your online account.
For each Client referred to you by us, in the consideration for the Services provided by The Circle Line we will receive a commission from you of 19% of each session fee paid.
For each Client you invite to use the Website, in the consideration for the Services provided by The Circle Line we will receive a commission from you of 6% of each session fee paid.
We are responsible for any tax payable in relation to that commission.
If you or the Client cancels or misses a session you must notify us at [email protected]
For each Client referred to you by us, you will not be entitled to payment for that session and we may retain any commission for that session. The Circle Line will review any Client request for a refund and deny or grant refunds at its sole discretion without reference to you. Any refund may be deducted from the monthly amount transferred to you for the session in question.
For each Client you invite to use the Website, clause 8 above (Refunds) applies.
21.4. Other Important Payment Information
No matter how much protection we have on the site, the security of information and payments over the internet cannot be guaranteed. We shall under no circumstances be liable for any losses incurred or sustained by users who transmit information by email or other internet link.
The Client will be charged in the currency as indicated when they book a session.
We are not responsible for any additional fees your bank or payment provider may charge whether for payments, refund or otherwise.
22.1 You acknowledge and agree that your Client may share information about you and your participation in their sessions with us. Clients may report you to The Circle Line for any reason, including if they believe you are acting inappropriately, acting in an unsafe manner, or are otherwise acting in a way which is in breach of these terms, and we may take any appropriate action in relation to this.
22.2 If you have any concerns about a Client or their sessions, then you agree not to participate in their sessions and to follow your accrediting body’s code of ethics.
22.3 You agree to report and respond to any issues by emailing [email protected] Following receipt of any report, we may contact you for further information.
22.4 We may terminate the account and service to a Practitioner at any time without reason as long as not acting unreasonably. A Practitioner can give notice to leave The Circle Line at any time for any reason. In either of these instances the following shall apply. Note: Employee clients cannot be transferred outside The Circle Line without losing their employee benefit entirely – if for sound therapeutic reasons both client and therapist nevertheless want to transfer out of The Circle Line the below process still applies:
23. Use of this Website
23.1 – We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website after such changes are posted will be deemed agreement on your part to these Terms, as amended.
24. Accessing our Website
24.1 – Access to our Website is allowed on a temporary basis and we reserve the right to suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
24.2 – We may update our Website and may change the content at any time. The content on our Website is provided for general information only. It is not intended to constitute advice and you should not rely on it. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
24.3 – Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
24.4 – If we permit you to post or provide any information on or via this Website, you must ensure that such information does not contravene any applicable laws or infringe any person’s legal rights. We do not monitor or edit documents or files posted or provided to us by third parties and accordingly we do not accept any responsibility for any damage or loss you may suffer.
24.5 – Use of this Website for the purpose of damaging the business or property of The Circle Line or third parties or damaging, attacking or overloading, the networks, servers and other hardware or software of The Circle Line or third parties is expressly prohibited. In particular, you agree that you will not:
24.6 – Where we give you a user ID, password or any other information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party. The right to use the secure areas of the Website is personal to you, and you must not allow other people to use your log-in details.
24.7 – You are responsible for all activity and for the accuracy of all information and requests sent using your username, password or any other personal identification that may identify you.
24.8 – You must notify us immediately of any unauthorised use of your account, or other account related security breach of which you are aware.
24.9 – If you inform us, or if we have reason to believe that, unauthorised use is being made of the Website (whether by you or through your account) then, without prejudice to our other rights and remedies, we may suspend or terminate your access to the secure areas of the Website immediately (and without telling you).
25. Intellectual Property Rights
25.1 – We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
25.2 – You may save and print copies of extracts from this Website in hard copy for your personal use, subject to any applicable laws.
25.3 – You may supply a copy of any extract from this Website to an individual third party for their personal use only, provided that:
25.4 If you provide any feedback, suggestions, improvements or comments to The Circle Line regarding our Services, you agree that The Circle Line shall have an unrestricted, worldwide, royalty-free, perpetual license to use such items for any purpose without compensation to you.
25.5 If you wish to reproduce or use information from this Website beyond these Terms, please contact us to request express consent. You can do this by email to [email protected]
26. Data Protection
27. Liability for Website
27.1 – We provide the Website on an “as is” and “as available” basis and to the fullest extent permissible by law we do not guarantee that our Website will meet particular requirements, or be accurate, available, accessible, uninterrupted, timely, secure or operate without error, or that it will be free from viruses, worms, Trojans or other harmful elements. We recommend that you protect your equipment by having appropriate anti-virus software in place.
27.2 – Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources so we assume no responsibility for the content of such sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
27.3 – To the extent permitted by law, we exclude all conditions, warranties, representations or other Terms which may apply to our Website or any content on it, whether express or implied.
27.4 – Nothing in these Terms is intended to exclude or limit for any liability that cannot be excluded or limited by law including your statutory rights.
28. Linking to our Website
We reserve the right in our absolute discretion to prohibit any link from another site to materials or information on this Website without notice. Any link to material or information on this Website must be neither misleading nor deceptive and must fairly indicate this Website as the destination of the link. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We may assign the benefit of these Terms and our rights thereunder to a third party on notice to you. Your rights under these Terms will not be prejudiced. You may only transfer your rights and obligations under these Terms if we agree in writing.
If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
31. No waiver
Any waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. No failure to exercise or delay in exercising any right or remedy provided under these User Terms or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.
32. Entire agreement
These Terms (as amended from time to time), along with any document or communication expressly referred to within them, constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms.
33. Governing Law
These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are (i) if you are located in the UK or EU, governed by English law and you irrevocably submit to the exclusive jurisdiction of the courts
of England and (ii) if you are located in the United States, governed by New York law and you irrevocably submit to the exclusive jurisdiction of the courts located in New York County, New York.
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