Thanks for choosing Phlanx (“Phlanx”, “we”, “us”, “our”). By signing up or otherwise using the Phlanx service, website, and software applications or accessing any content or material that is made available by Phlanx through the service you are entering into a binding contract with the Phlanx entity indicated at the bottom of this document. The Phlanx Service also includes the Phlanx Support Community as further described in the Phlanx Support Community section.
The Phlanx Service includes social and interactive features. Use of the Phlanx Service relies on several technical requirements.
Please read the Agreements carefully. They cover important information about Phlanx' Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Phlanx Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Phlanx is true, accurate, and complete, and you agree to keep it that way at all times.
If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
3 Enjoying Phlanx
Here’s some information about all the ways you can enjoy Phlanx
3.1 Our Services & Paid Subscriptions
Phlanx provides a business service offering the opportunity to cross-collaborate with other brands as well as a directory of influencers. Certain Phlanx services are provided to you free-of-charge. Other Phlanx services require payment before you can access them. The Phlanx services that may be accessed after payment will be referred to as the “Basic” “Premium” or “Business” package. You can learn more about our services by visiting our website.
3.2 Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Phlanx for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Phlanx reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR PHLANX ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR PHLANX ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR PHLANX ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR PHLANX ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, PHLANX WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
4 Rights we grant you
The Phlanx Service and the Content are the property of Phlanx. We grant you limited, non-exclusive, revocable permission to access the Phlanx Service, and limited, non-exclusive, revocable permission to access the Content for personal and business purposes (your “Access”). Your Access shall remain in effect until and unless terminated by you or Phlanx. You promise and agree that you are accessing the Content for your own personal or business use and that you will not redistribute or transfer the Phlanx Service or the Content.
The Phlanx software is not sold, to you, and Phlanx retains ownership of the Content and all copies of the Phlanx data even after the latter is installed on your personal computers, emails, mobile handsets, tablets, and/or other relevant devices (“Devices”). Your Access to the Content does not give you any ownership rights to the Content. All Phlanx trademarks, service marks, trade names, logos, domain names, and any other features of the Phlanx brand (“Brand Features”) are the sole property of Phlanx. The Agreements do not grant you any rights to use any Phlanx Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Phlanx Service, or any part thereof, or access the Content, or any part thereof, in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Phlanx grants no right, title, or interest to you in the Phlanx Service or Content.
Third party software (for example, open source software libraries) included in the Phlanx Service are made available to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5 Third Party Applications
The Phlanx Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Phlanx does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6 User-Generated Content
Phlanx users will post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, business data, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted on phlanx.com.
You promise that, with respect to any User Content you post on Phlanx, (1) you have the right to post such User Content, and (2) such User Content, or its use by Phlanx as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Phlanx individual without express written consent from such individual or entity.
Phlanx may, but has no obligation to, monitor, review, or edit User Content. In all cases, Phlanx reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Phlanx’ sole discretion, violates the Agreements. Phlanx may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Phlanx is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST PHLANX RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD PHLANX HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7 Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Phlanx Service to use (1) provide advertising and other information to you, and (2) to allow our business partners to do the same. In any part of the Phlanx Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Phlanx may contain advertising as part of the Content. In such cases, Phlanx will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Phlanx in connection with the Phlanx Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Phlanx to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Phlanx a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8 User guidelines
Phlanx respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Phlanx remains a quality business service for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- Copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Phlanx Service or the Content, or otherwise making any use of the Phlanx Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Phlanx Service or the Content or any part of it;
- Using the Phlanx Service to import or copy any local files you do not have the legal right to import or copy in this way;
- Transferring copies of cached Content from an authorized Device to any other Device via any means;
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Phlanx Service, Content or any part thereof unless permitted by applicable law;
- Circumventing any technology used by Phlanx, its licensors, or any third party to protect the Content or the Service;
- Selling, renting, sub-licensing or leasing of any part of the Phlanx Service or the Content;
- Circumventing any territorial restrictions applied by Phlanx or it licensors;
- Artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
- Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Phlanx Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- Providing your password to any other person or using any other person’s username and password;
- “Crawling” the Phlanx Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Phlanx; or
- Selling a user account, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account. Please respect Phlanx, the owners of the Content, and other users of the Phlanx Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- Is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- Is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Phlanx or a third party;
- Includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- Includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- Is intended to or does harass or bully other users;
- Impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- Uses automated means to artificially promote content;
- Involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Phlanx inbox;
- Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Phlanx;
- Links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Phlanx;
- Interferes with or in any way disrupts the Phlanx Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Phlanx’ computer systems, network, usage rules, or any of Phlanx’ security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- Conflicts with the Agreements, as determined by Phlanx.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Phlanx account. You also agree that Phlanx may also reclaim your username for any reason.
Please be thoughtful about how you use the Phlanx Service and what you share. The Phlanx Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Phlanx or across the web, so please use Phlanx carefully and be mindful of your account settings. Phlanx has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9 Infringement and reporting User Content
Phlanx respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Phlanx' copyright policy. If Phlanx is notified by a copyright holder that any Content infringes a copyright, Phlanx may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Phlanx with a request to restore the removed content.
10 Service limitations and modifications
Phlanx will make reasonable efforts to keep the Phlanx Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Phlanx reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Phlanx permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Phlanx will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Phlanx has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Phlanx and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11 Payments, cancellations, and cooling off
Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to your paid account immediately. If you register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within 7 (7) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Phlanx at any time during the Cooling-off Period.
Phlanx may change the price for the Paid Subscriptions (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Phlanx Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Phlanx Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
12 Term and termination
The Agreements will continue to apply to you until terminated by either you or Phlanx. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Phlanx may terminate the Agreements or suspend your access to the Phlanx Service at any time, including in the event of your actual or suspected unauthorised use of the Phlanx Service and/or Content, or non-compliance with the Agreements. If you or Phlanx terminate the Agreements, or if Phlanx suspends your access to the service, you agree that Phlanx shall have no liability or responsibility to you and Phlanx will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
All sections in this document, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
13 Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE PHLANX SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PHLANX SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHLANX AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER PHLANX NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, PHLANX MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PHLANX SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT PHLANX IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE PHLANX SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PHLANX SHALL CREATE ANY WARRANTY ON BEHALF OF PHLANX IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PHLANX SERVICE IS TO UNSUBSCRIBE FROM PHLANX AND TO STOP USING THE SERVICE. WHILE PHLANX ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PHLANX, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHLANX, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PHLANX SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PHLANX HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PHLANX SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO PHLANX DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Phlanx’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
15 Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Phlanx, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
16 Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Phlanx, the Agreements constitute all the terms and conditions agreed upon between you and Phlanx and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Phlanx Service may be governed by additional agreements. That could include, for example, access to the Phlanx Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Phlanx’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
17 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Phlanx or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Phlanx’s or the applicable third party beneficiary’s right to do so.
Phlanx may assign the Agreements or any part of them, and Phlanx may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Phlanx harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Phlanx Service; and (4) your violation of any law or the rights of a third party.
20 Choice of law, mandatory arbitration and venue
20.1 Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
20.2 CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND PHLANX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Phlanx agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 20.3. is enforceable, the following mandatory arbitration provisions apply to you:
20.3.1 Dispute resolution and arbitration
You and Phlanx agree that any dispute, claim, or controversy between you and Phlanx arising in connection with or relating in any way to these Agreements or to your relationship with Phlanx as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
21 Contact us
If you have any questions concerning the Phlanx Service or the Agreements, please contact Phlanx customer service as specified on our website.
Thank you for reading our Terms. We hope you enjoy PHLANX as much as we do!
PHLANX PTY LTD.
Woollahra, NSW 222