Terms of Use

The following General Terms and Conditions provide the legal framework for using the Pocket Power App website (www.pocketpower.pro) and the Pocket Power App.

Therefore please carefully read these General Terms and Conditions.

Last revised: February 2024

1. Applicability

1.1 Contract partners and contract subject matter

These General Terms and Conditions provide the basis for the user agreement resulting between you and us, Pocket Power App, 28 Admirals Walk, Southend on Sea, Essex, SS3 9HS. United Kingdom (hereinafter “Us” or “We”). The contract subject matter is the free or paid use of services offered by Us on the website www.pocketpower.pro or the Pocket Power App app (hereinafter individually referred to as an “Pocket Power App Service” or, collectively, as the “Pocket Power App Services” or, generally, “Pocket Power App”).

1.2 Additional terms and conditions

We reserve the right to make your use of certain Pocket Power App Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.

If you use Pocket Power App Services via the Pocket Power App app and you have downloaded the Pocket Power App app from the app store of a third party, the general terms and conditions and/or terms of use of the app store will apply in addition to these General Terms and Conditions. In the case of the iTunes store, such terms include, for example, the “End User Licence Agreement for Licensed Applications” (which you will find at https://www.apple.com/legal/internet-services/itunes/ww/). You will find the terms of use for Google Play, for example, at https://play.google.com/intl/de_de/about/play-terms.html. Please be sure to review the terms of use that apply in your country.

In the event of any conflicts, these Terms of Use will prevail.

2. Health Requirements

You will use the Pocket Power App Services at your own risk.

Anytime you use the Pocket Power App Services you must be in good health. If you have any known pre-existing illnesses or health conditions, please first consult a physician before you begin to use the Pocket Power App Services. This is particularly important if you suffer from any cardiovascular conditions, spinal and/or joint problems, or other health limitations that limit your athletic performance.

Please do not use the Pocket Power App Services if, for example, you experience considerable pain, general malaise, shortness of breath, nausea, or dizziness. In such cases please consult your physician before you begin or continue to use the Pocket Power App services.

3. Participation Requirements

To open a user account and to use the Pocket Power App Services you must be at least 18 years old and have full legal capacity.

By entering into a contract with Us you represent that you have no other user account with Us and that your user account has not been suspended or cancelled in the past due to violations of our Terms of Use. In such cases We will not enter into another or new user agreement with you. You also represent that all information provided by you during the registration process is true and complete.

4. Conclusion of Contract, User Account

4.1 Registration process

To use the Pocket Power App Services, you must first register and open a user account. You can open a user account either directly online at www.pocketpower.pro or through the Pocket Power App app. When you register We will ask you to accept these General Terms and Conditions and our Data Privacy Policy.

In the alternative, you can also register with your Facebook account. In that case, the registration process will be complete once you have entered the account information for your Facebook account and have clicked the “Confirm” button.

How a user agreement will be concluded depends on how you first register and whether you sign up for any additional, paid services.

4.2 Registration online at www.pocketpower.pro

If you register on our website www.pocketpower.pro, a user agreement between you and Us will result after you have completed the registration process.

4.3 Registration via mobile apps

If you want to register through the Pocket Power App app, a user agreement will result according to the rules of your app store. As a general rule, a binding contract will result at the moment you click on the “Install” button in the store and you enter your password. To use the Pocket Power App Services, you must however still open a user account through the Pocket Power App app.

4.4 Conclusion of contract for paid subscription

You can activate additional services by purchasing a paid subscription. If you purchase additional services on our website www.pocketpower.pro, a binding contract will result when you click on the “Buy Now” button or a comparable button and you have successfully entered your payment information. If you purchase additional services through your Pocket Power App app, a subscription agreement will result when you click the “Buy Now” button during an in-app purchase or a comparable button and when you have entered your password for the App Store, if required.

4.5 Correction of input errors

If you wish to purchase a subscription on our website www.pocketpower.pro, you may cancel the transaction at any time. You can also correct any input errors until you have successfully input your payment information.

If you want to purchase a subscription by in-app purchase through your Pocket Power App app, you will pay for the service through the account with your app store. Therefore please contact your app store if you want to correct any input errors.

5. Contract Terms

5.1 User agreement

The user agreement between you and Us that results when you open a user account will remain in effect for an indefinite term and will end when you delete the Pocket Power App app and terminate the user agreement.

5.2 Subscriptions and cancellations

Our subscriptions have different minimum contract terms. Users have the right to cancel their subscription to Pocket Power App Services at any time, without any penalty or additional charges. To cancel your subscription, simply navigate to the ‘Subscription’ section onPocket Power App app, where you can select the option to cancel your subscription. Once cancelled, your access to Pocket Power App Services will continue until the end of the current billing cycle, after which your subscription will be terminated, and you will no longer be charged. Please note that we do not offer refunds for partial subscription periods. By agreeing to these terms, you acknowledge and agree to the ease and convenience of our subscription cancellation process.

6. Right of revocation

In some countries you have a legal right of revocation. This is the case, for example, in all countries of the European Union. You can find out whether you have a legal right of revocation by referring, for example, to the terms of use of your app store. Please refer to those terms of use to find out to what extent you have such rights. In the United States, for example, you have no right of revocation.

If you have a legal right of revocation, please read the following information about how you can exercise this right and what revocation will mean for you.

6.1 Information about revocation

If you have a legal right of revocation, this right will come into existence as soon as you enter into a user agreement or subscription agreement with us.

You may revoke the contract within 14 days of the contract date for any or no reason, in which case the contract will be unwound.

To exercise your right of revocation, you must clearly notify Us (e.g., by letter or email) that you no longer wish to be bound by the contract. For this purpose you may, but do not have to, use the attached standard revocation form. Any clear notice will suffice. If you exercise this option, We will confirm receipt of your notice of revocation (e.g., by email). Your notice of revocation will be timely as long as you send it before the revocation period has expired. Please address any notice of revocation to the following address:

Pocket Power App, 28 Admirals Walk, Southend on Sea, Essex, SS3 9HS. United Kingdom

If you revoke the contract, the contract will be unwound. You will receive a refund for any payments you have already made for the revoked contract. We will issue the refund at the latest 14 days after We receive your notice of revocation. The refund will be made by the same method you used for the original transaction, unless We expressly agree otherwise with you.

If you have requested that services begin during the notice period for revocation, you must compensate Us in a reasonable amount for any services you have already received. This will be a prorated amount of the total amount due for the booked service, based on the time period from the start date of service until the date you provide Us with notice of revocation.

6.3 Standard form for notice of revocation

You may use the following form for your notice of revocation.

Please be sure to always tell Us which Pocket Power App service you wish to revoke. You can simply send Us an email to

help@pocketpower.pro

You can also mail your notice of revocation to the following address:

Pocket Power App, 28 Admirals Walk, Southend on Sea, Essex, SS3 9HS. United Kingdom

You can copy and paste into an email or print out the following text for your notice of revocation:

I/We () hereby revoke the contract for the purchase of the following product ()/the following service () made by me/us():

Ordered/received on (*)

Name of User (…)

Address of User (…)

Signature of User (…)

Date

(*) please delete inapplicable alternative

Termination

7.1 User agreement

You may cancel your user account at any time for any or no reason and thereby also terminate your user agreement in its entirety.

To do so, you must send Us an email to Customer Support, so that We can erase your user data. Please note that after your user account has been cancelled all content and performance data will or may be erased by Us and you will no longer have access to content you have already purchased.

If at the time you cancel your account you still have a valid subscription, any amount you may already have paid for the subscription will not be refunded – either in whole or in part.

We have the right to terminate the user agreement for any or no reason in text form with two weeks’ prior notice, however not before the end of the minimum contract term or the end of the applicable renewal term of your subscription.

7.2 Subscriptions

You may terminate your subscription at any time for any or no reason effective as of the end of the minimum contract term or the end of the applicable renewal term.

Subscriptions purchased by in-app purchase must be cancelled by changing the appropriate settings in the app store where you bought the subscription. If your subscription fee is collected by iTunes, We ask, notwithstanding the above, that for technical reasons you comply with a notice period of 24 hours to the end of the minimum contract term or the end of the respective renewal term. After cancellation of your subscription your user account and any other subscriptions will continue unless and until you also cancel such additional subscriptions.

Current in-app subscriptions cannot be terminated during the contract term.

In the alternative, you may also send Us an email to Customer Support or send Us a letter by regular mail if you purchased the subscription on the website.

We have the right to cancel any subscription at the end of the minimum contract term or the end of the applicable renewal term by providing you with two weeks’ prior notice in text form.

7.3 Termination for good cause

Irrespective of the foregoing provisions, either party has the right to terminate contracts for good cause. In particular, We have the right to terminate the user agreement or your subscription with immediate effect and to cancel your user account if you have seriously or repeatedly breached provisions of the user agreement and/or these General Terms and Conditions or if you are behind with payment despite demand.

8. Pocket Power App Services

You may download and use a restricted service of the Pocket Power App app free of charge. You will receive access as part of a paid subscription.

When you download and use the Pocket Power App app, in particular through third-party networks or in other countries, you may incur transmission charges of your Internet service provider.

We strive to provide you with uninterrupted operation of the Pocket Power App Services and to make those services available as continuously as possible. We advise you however that full or uninterrupted availability is technically impossible, and We make no warranty for uninterrupted operation or any particular availability.

Our applications are continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirements may change. We assume no obligation to make available to you any application (such as the Pocket Power App app) that will be functional on your terminal device at all times, if functionality on your terminal device should be limited by technological changes.

We reserve the right to change our business model at any time and, for example, to provide any or all Pocket Power App Services only in exchange for payment. You will then have the option to decide whether you wish to continue using the Pocket Power App Services in exchange for payment or stop using the Pocket Power App Services. Any such changes will have no effect on existing subscriptions until the end of the contract term.

Our understanding of human health and athletic performance is evolving on a continuous basis. This may affect how workouts and information are evaluated. Even though our workouts and information are based on current studies and findings, We make no guarantee that our workouts and information are in conformity with current research results or findings.

Please note that you may need certain tools, ingredients or workout equipment to be able to fully use some Pocket Power App Services. Such tools or equipment are not part of the Pocket Power App Services and, if needed, must be purchased separately by you at your own cost.

9. Rights and Obligations of the User

9.1 Individual subscription

The Pocket Power App Services are offered exclusively to Users. This means you may not use the Pocket Power App Services for business or other commercial purposes. You may not allow any third parties to use your user account, and you are not permitted to use paid services simultaneously on multiple terminal devices, unless such use is expressly permitted under the terms of the offered service; allow any third parties to access or perceive the Pocket Power App Services, e.g., an undefined group of people by using the services in a public area (e.g., movie theatres, theatres, exhibitions, showrooms, hotels, bars, restaurants, or other public areas); make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes; circumvent any access control systems for paid services or take any other action to use services without authorisation; introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardise or impair the functionality of the Pocket Power App Services; or transfer or assign any rights or obligations under your contract with Us to any third parties. When using the Pocket Power App Services you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider.

9.2 Coaches and Commercial Subscriptions

Use Limitation: Users acknowledge and agree that the use of the Pocket Power App Services for business or other commercial purposes is strictly contingent upon the purchase of the coach’s subscription, corporate subscription or business subscription. Without a valid subscription, the User shall not engage in any business or commercial activities using the app. The USer shall not introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardise or impair the functionality of the Pocket Power App Services; or transfer or assign any rights or obligations under your contract with Us to any third parties. When using the Pocket Power App Services you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider. Any such unauthorised use shall be deemed a violation of these terms and may result in immediate termination of access to the app, along with any other remedies available under applicable law.

To guarantee smooth communication with you, We ask that you include our email address in the list of trusted senders at your email provider.

Prices and Payment Terms

10.1 Prices

Our prices differ from country to country. If you decide to purchase a subscription, the price that counts for you will be shown in the Pocket Power App app or on the Pocket Power website.

Please check the website www.pocketpower.pro for current prices/subscription models and for available services. All quoted prices are exclusive of applicable value-added tax.

We reserve the right to change prices at our sole discretion.

10.2 Collection of fees

Fees for a subscription are collected in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the subscription fee is collected through iTunes; in that case, the fee will be collected already 24 hours prior to the beginning of the applicable billing period.

10.3 Payment methods

If you book paid Pocket Power App Services by in-app purchase, you will be charged by the app store. Please inquire with the app store which payment methods are available to you. If you paid for Pocket Power App Services on our website www.pocketpower.pro, you will be shown a list of currently accepted payment methods during the ordering process from which you may choose. If payment is declined for reasons for which you are responsible (e.g., because the amount paid is not covered by funds in your account or because the limit of your credit card has been exhausted), We have the right to charge you for any costs and/or expenses actually incurred by Us as a result.

We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.

10.4 Payment default

We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.

10.5 Coupon codes & promotions

To redeem your coupon either (a) apply the code to your order in your cart or (b) your code may be applied automatically in the cart. Any coupon code can not be applied to past orders retroactively, can not be used in conjunction with other discounts or coupon codes and may only be applied to one order. We may at our absolute discretion restrict who may enter into promotions for any reason.

Responsibility for Content and Services

11.1 No responsibility for third-party content or services

The Pocket Power App Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or the Pocket Power App Services may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.

11.2 No responsibility for user-generated content

You are personally responsible for all content you upload using the Pocket Power App Services. We do not endorse or review such content.

11.3 Responsibility of the user for violations of law

When posting or making available your own content, you must comply with all applicable laws and other regulations that are applicable in the country in which you are using our Pocket Power App Services. Whether or not prohibited by criminal law, you are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.

In addition, it is your responsibility to make sure that you infringe no third-party rights, including, without limitation, privacy or publicity rights of third parties and intellectual property rights of third parties (e.g., copyrights, trademark rights, etc.). In this connection, We advise you that you must also, and in particular, own the necessary rights to your profile image and to any other photos you upload.

We may at any time remove and erase any content that is unlawful or violates the aforementioned principles. If you violate the aforementioned principles, We also have the right to send you a warning that We will suspend your user account or terminate the user agreement for good cause in its entirety in accordance with Section 7.3.

11.4 Indemnity

In the event that you have wrongfully (negligently or intentionally) violated any of the principles in Section 11.3, you are obligated to indemnify Us from and against any claims of third parties that may be brought as a result of such violations. We further reserve the right to claim damages and to pursue other remedies.

12. Warranties

12.1 Applicable law

Any claims for defective service will be governed by applicable law. Your rights as a User remain unaffected.

12.2 No warranty

We make no representations or warranties that by using the chosen Pocket Power App Service you will reach your workout goal or achieve any other results.

13. Liability

13.1 General provisions

When using our Pocket Power App Services you will be shown workout instructions (e.g., for certain exercises and workouts). You must follow those instructions at all times as otherwise there will be an injury and/or health risk.

If you use any tools or equipment for exercises, or ingredients for the recipes, you are fully responsible for making sure that such tools and/or equipment and ingredients work properly and are installed and/or set up properly and that any ingredients are within their use-by and/or end date.

You are obligated to heed our health notices in Section 2.

13.2 Liability for free services

In case of free services, our liability, whatever the legal basis, is limited exclusively to damages resulting from intentional or grossly negligent actions or omissions or from a lack of warranted qualities. Our liability for intentional actions or omissions is generally unlimited. Our liability for gross negligence or a lack of warranted qualities is limited to reasonably foreseeable damages. In all other cases any liability on our part is excluded.

13.3 Liability for paid services

In case of paid services, our liability, whatever the legal basis, is generally unlimited for damages resulting from intentional or grossly negligent actions or omissions or from a lack of warranted qualities.

If We breach any material contractual obligations due to ordinary negligence, our liability is limited to reasonably foreseeable damages. A contractual obligation is material within the meaning of the foregoing sentence if its performance is necessary for achieving contractual purposes and if you, the User, may reasonably rely on its performance.

Our liability for wrongful harm to life, limb, or health remains unaffected by the foregoing limitations.

In all other cases any liability on our part is excluded.

13.4 Liability of our employees

The above limitations of liability (see Sections 13.2 and 13.3) also apply for the benefit of our employees and agents.

13.5 Product liability

Pocket Power App shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use the Pocket Power App Services. The User acknowledges that the Pocket Power App Services is provided “as is” and “as available” without any warranties or representations of any kind, whether express or implied. Pocket Power App disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The User agrees to use the Pocket Power App Services at their own risk and to assume full responsibility for any consequences arising from the use of the Pocket Power App Services, including but not limited to any reliance on the accuracy, completeness, or usefulness of the content provided through the Pocket Power App Services. In no event shall Pocket Power App be liable for any claims, demands, or damages of any kind, whether direct, indirect, incidental, special, consequential, or exemplary, arising out of or in connection with the use or inability to use the Pocket Power App Services, even if Pocket Power App has been advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

14. Licensed Rights

14.1 Pocket Power App content

The services offered by Us in some cases include copyright protected or otherwise protected content to which We own the necessary rights. For example, the Pocket Power App app is a copyright protected software program.

To the extent necessary for achieving the contractual purpose, We hereby licence to you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Note that you are prohibited from disseminating or making such content publicly available, e.g., on websites. Neither the Pocket Power App app nor its content may be leased or otherwise transferred to any third parties by you. You may not decompile, alter, or edit the app except as permitted by law.

Licensed rights will lapse if and when you no longer have access to the relevant service (e.g., after your subscription has been terminated) or when the user agreement has ended. In the event of any violation of these provisions, We will have the right to terminate the agreement for good cause without notice in accordance with Section 7.3.

Licensed Right for Commercial Use:

4.1a Grant of Licence: Subject to the terms and conditions of this Agreement, including the purchase of the appropriate subscription plan, Pocket Power App grants the User a limited, non-exclusive, non-transferable licence to use the Pocket Power App Services for commercial purposes in accordance with the features and functionalities made available under the subscribed coach’s or commercial subscription plan.

4.1b Permitted Commercial Use: The User may utilise the app for commercial activities solely in connection with the provision of health coaching services, wellness consultancy, or related professional services, provided that such use is strictly compliant with applicable laws and regulations.

4.1c Restrictions: The licensed right granted herein is expressly conditioned upon the Users compliance with all terms of this Agreement and any applicable laws. The User shall not sublicense, distribute, sell, lease, rent, or otherwise commercially exploit Pocket Power App app or other Pocket Power App Services or any part thereof without Pocket Power Apps’ prior written consent.

4.1d Termination of Licence: The licensed right for commercial use shall expire at the termination of the Users subscription plan. Additionally, Pocket Power App reserves the right to revoke or suspend the commercial use licence at any time for any violation of this Agreement or misuse of the Pocket Power App app or any of the Pocket Power App Services.

4.1e Intellectual Property Rights: The licensed right does not confer ownership of any intellectual property rights in the Pocket Power App app, Pocket Powers App Services or its contents. All rights, title, and interest in and to the Pocket Power App app and Pocket POwer App Services, including but not limited to copyrights, trademarks, and trade secrets, shall remain vested in Pocket Power App.

4.1f Disclaimer: Pocket Power App makes no representations or warranties regarding the suitability, reliability, or accuracy of the Pocket Power App app or Pocket Power App Services for commercial use. The User assumes all risks and liabilities associated with the commercial utilisation of Pocket Power App app, including but not limited to compliance with applicable laws and regulations governing health services and data privacy.

4.1g Indemnification: The User agrees to indemnify, defend, and hold harmless Pocket Power App from and against any claims, losses, damages, liabilities, and expenses (including all legal fees) arising out of or in connection with the Users commercial use of the Pocket Power App app Pocket Pocket Power App Services.

4.1h Survival: The provisions of this clause shall survive the termination or expiration of this Agreement for any reason.

14.2 Content uploaded by user

To ensure that the Pocket Power App Services will at all times be fully operational, We need to be able to use, at any time, at any place, and without limitation, all content uploaded by the user. You therefore hereby licence to us, throughout the world, in perpetuity and without limitation, non-exclusive rights to all protected content that is uploaded by you. We may sublicense these rights to third parties, which shall include, without limitation, the rights to reproduce, disseminate (by wirebound or wireless means), make available or communicate to the public, and edit protected content (for example, by changing the image resolution or image size for technical reasons). You further hereby licence to Us the right to make all content uploaded by you also available to other users, provided that this is done within the scope of the contractual purpose (for example, by reporting your copyright protected messages to the coach or other users).

15. Personal data

We will process your personal data in compliance with our Data Privacy Policy. You will find the most recent version of our Data Privacy Policy at https://pocketpower.pro/privacy-policy/. The Data Privacy Policy regulates and discloses, in particular, to what extent your personal data will be viewable by other users and what options you have to control transfers of your personal data. In addition, We will inform you in detail how and where We process or cause third parties to process your personal data. By entering into the user agreement with Us you expressly consent to the foregoing provisions. Your legal rights of revocation remain unaffected.

16. Changes to General Terms and Conditions

We reserve the right to make changes to these General Terms and Conditions with effect for the future. We will notify you of any changes to our General Terms and Conditions at the latest four weeks before the planned effective date of the new version. You will have the opportunity to object to changes within the aforementioned four-week period. If you continue to use our Pocket Power App Services without objection, you will be deemed to have accepted the new General Terms and Conditions. If you do object to changes, We hereby expressly reserve our right to terminate the agreement by regular notice during its proper term. If and when We make changes to the General Terms and Conditions, We will once again advise you of your right to object, the time period within which the right of objection must be exercised, and the legal consequences of such objection.

17. Final Provisions

17.1 Official contract language

The official contract language is English.

17.2 Governing substantive law

This agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales

17.3 Venue and Jurisdiction

All parties irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

17.4 Severability

If any provisions of these General Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions will remain unaffected thereby. The foregoing provisions apply, mutatis mutandis, if any provisions should have been inadvertently omitted from these General Terms and Conditions.

18. Downloading and Review Options

You may review and print out these General Terms and Conditions at any time at https://pocketpower.pro/terms-of-use/. Additional information regarding your user agreement and your subscription are available in your user account. In the alternative, you may also print out or download the automated order confirmation you received after placing the order.

19. Information about Provider

Pocket Power App, 28 Admirals Walk, Southend on Sea, Essex, SS3 9HS. United Kingdom

E-Mail: Customer Support Managing director: Gareth Prior, Jessica Revell

Recorded Companies House, Cardiff under number 15391352

20. Dispute Resolution

The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between senior executives of the parties, who have authority to settle the same.

If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators.

If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties.

Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.

Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.