Terms
Last Updated: 2nd September 2022

Welcome to Apothany, a beauty and fashion social media platform, which allows users to create and view content and connect with each other (the “Apothany Platform”). The Apothany Platform, together with our website, are referred to in these terms of use (“Terms”) as the “Sites”. These Terms describe how you may access and use the Sites. They also govern your access to and use of the services made available through the Sites (“Services”). The Sites are operated by Apothany Limited (“Apothany”) Please read these Terms carefully. By using the Sites, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Sites.
Table of Contents 1.      Introduction 2.     The Sites 3.     Your Account 4.     Acceptable Use 5.     Intellectual Property 6.     Orders on the Sites 7.      Prices and Payment 8.     Cancellation and Refunds 9.     Information for Sellers 10.   Issues with Orders 11.     Indemnities 12.    Changes 13.   Our liability 14.    Suspension and Termination 15.   Consequences of Termination 16.   Events Beyond our Control 17.    Other Important Information 18.   Governing Law and Jurisdiction 19.   Contacting us Appendix 1
1. Introduction 1.1 Apothany is registered in England with company number 13542065 and has its registered office at C/O Stevens & Bolton LLP, Wey House, Farnham Road, Guildford, Surrey, United Kingdom, GU1 4YD . Our VAT number is 386943050. 1.2 In these Terms, references to “we, our, us” and similar expressions are references to Apothany. 1.3 In these Terms, when we refer to “you” and “your” we mean: 1.3.1 you, the person accessing or using the Sites; and 1.3.2         where applicable, the business on whose behalf you are acting. 1.4 When certain words and phrases are used in these Terms, they have specific meanings (those words and phrases are known as “defined terms”). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can tell a term is a defined term because it will be in bold text and surrounded by speech marks). 1.5 Please note that if you are acting for purposes relating to your trade, business, craft or profession, you will be a “Merchant”. In all other cases, you will be acting as a “Consumer”. If you set up a profile as a “Business” or “Expert” profile, you will be a Merchant for the purposes of these Terms. 1.6 If you are acting on behalf of your employer or another business when you access and use the Sites, you warrant that: 1.6.1 you have full legal authority to bind your employer or that business; and 1.6.2 you agree to these Terms on behalf of your employer or the business you represent. 1.7 Your privacy and personal information are important to us. Any personal information you provide to us will be handled in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information. It also explains how to contact us (and supervisory authorities) in the event you have a query or complaint about the use of your personal information. Our privacy policy is available here. 1.8 Please note that you must also review and agree to the additional app terms set out in Appendix 1 to these Terms, as well as any other terms imposed by the Apple App store or Google Play store (depending on where you download the App from). 1.9 Please read these Terms carefully. They contain important information about your use of and access to the Sites, including: 1.9.1 ways that you are and are not allowed to use the Sites (clause 4); 1.9.2 terms which apply to any purchases you make via the Sites (Part B), including how you can cancel if you change your mind (clause 8); 1.9.3 how we limit our responsibility to you (clause 13); 1.9.4 when we are allowed to suspend or terminate your use of the Sites (clause 14); and 1.9.5 how you can cancel your agreement to these Terms (clause 14.3). 1.10 We recommend that you save/print a copy of these Terms for future reference.
Part A: Terms of Use 2. The Sites 2.1 The Sites are made available free of charge. We do not guarantee that the Sites, or any content on them, will always be available or be uninterrupted. We may update the Sites and/or change the content on them at any time. We may suspend, withdraw or restrict the availability of all or any part of the Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 2.2 You are responsible for making all arrangements necessary to ensure that you have access to the Sites. 2.3 Please note that you may incur data charges from your network operator when you access the Apothany Platform via a data network (particularly if you are using our video calling features) and these charges may vary if you access the Apothany Platform when abroad. You are responsible for these charges.   2.4 The Sites contain user generated content. You should therefore obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content you see on our Sites. 2.5 Although we make reasonable efforts to update the information on our Sites, we make no guarantees that the content on our Sites is accurate, complete or up to date. However, we ask our users to ensure that any content they upload to the Sites is truthful and accurate.
3. Your Account 3.1 You will need to register an account with us (“Account”) in order to access certain features of the Sites.  You must be aged 16 or over if you want to register an Account. 3.2 We will ask you for certain information when you register an Account (such as your name, age, gender identity and email address). You will also be required to create a password, which you must treat as confidential and not share with anyone else. You can also use an existing account to sign in to Apothany using the single sign-on process. 3.3 Please note that we may ask you to provide us with additional information and/or complete additional verification before we allow you to open an Account. For example, if you set up an account as a Business or Expert you will be required to complete our application process, during which we will ask for additional information such as: (i) your company registration details; (ii) details about your brand; (iii) details about the goods/services you provide; (iv) details of your qualifications and credentials, (v) confirmation that you have appropriate insurance in place to provide services via the Sites; and (vi) links to your other social media accounts, so that we can verify your suitability for the Apothany Platform. 3.4 You will be asked to set up one of the following types of Account: 3.4.1 Personal: Set up a Personal profile if you will be using the Apothany Platform for your own personal use. A Personal profile allows you to browse and post content on the Apothany Platform and book appointments with Experts. 3.4.2 Creator: Set up a Creator profile if you would like to use the Apothany Platform to upload and share content that you have created with other users.   3.4.3 Business: Set up a Business profile if you are setting up a profile on behalf of a business or brand. A Business profile allows you to browse and post content, set up and host live masterclasses and advertise on the platform. Business profiles are only available to Merchants. 3.4.4  Expert: Set up an Expert profile if you have demonstrable expertise in one or more areas relating to beauty and/or fashion. You will only be able to set up an account as an Expert if we have invited you to do so or you have applied to do so on the App. Once your Expert profile is ready, you will be able to book consultations with other users via the Apothany Platform. Expert profiles are only available to Merchants who are experts within beauty and fashion. At present, we accept the following categories of Experts on Apothany: · Dermatologists · Skin care experts · Aestheticians · Makeup artists · Hair loss experts · Hairstylists · Colourists · Barbers · Nail experts · Beauty experts · Brand experts · Fashion stylist · Personal stylist 3.5  If you are registering on behalf of a business and/or acting as a Merchant, we will ask you to confirm this during the registration process. 3.6 You agree that: 3.6.1 all the information you provide to us in connection with your Account will be complete and accurate and that you have the right to provide it; 3.6.2 you are the person whose details you have provided; 3.6.3 if you are setting up an account on behalf of a business, you have permission to do so; and 3.6.4 you will notify us immediately if there are any changes to the information you have provided to us. 3.7 You are responsible for keeping your Account and Password confidential. If you know or suspect that someone has accessed your Account without your permission, you must tell us as soon as possible by contacting us on support@apothany.com with your username and account details. 3.8 We have the right to suspend or disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4. Acceptable Use General 4.1 You agree: 4.1.1  to comply with these Terms at all times; 4.1.2 to be respectful to other users at all times when using the Sites; 4.1.3 not to use the Sites in any unlawful way, for any unlawful purpose or in any way which is inconsistent with these Terms; 4.1.4 not to transmit any material that is defamatory, offensive or otherwise objectionable when using the Sites; 4.1.5 not to use the Sites to transmit any information that is false, fraudulent or misleading; 4.1.6 not to infringe our rights or those of any third party, including intellectual property rights, when using the Sites; 4.1.7  not to use the contact information of other users for any purpose other than in relation to a transaction on the Sites; 4.1.8 not to use the ratings or feedback system in a way which is unfair or unlawful. Please note that you will not be able to leave reviews unless you have booked an appointment with an Expert; 4.1.9 not to transmit, send or arrange the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar communication (spam) via the Sites; 4.1.10 not to do or fail to do anything that would bring Apothany and/or the Sites into disrepute. 4.1.11 except as permitted in these Terms, not to copy or otherwise reproduce or re-sell any part of the Sites; 4.1.12 not to use the Sites in an automated way or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Sites for use in a third party website or application; 4.1.13 not to collect or harvest any information or data from the Sites or our systems or attempt to decipher any transmission to or from the servers running the Sites; 4.1.14 not to circumvent any measures we use to provide and/or secure the Sites; 4.1.15 not to create multiple accounts to avoid restrictions; 4.1.16 that only you will use your Account and you won’t try and transfer your Account to another person, unless you and we agree that you can; and 4.1.17  not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware to the Sites. Expert and Business Users 4.2  If you are an Expert or Business user, you agree: 4.2.1 only to provide services and content relevant to beauty and fashion; 4.2.2 not to include any false or misleading information about you and/or your business on your profile, including in relation to accreditations, memberships, qualifications or similar information; 4.2.3 that you will honour any sales you make on the Apothany Platform; 4.2.4 if you are providing services on the Apothany Platform, that you will have and maintain insurance cover of a sufficient value to cover all of your activities, including any insurance required by law; 4.2.5 not to take any action with the intention of circumventing the Apothany Fees which are due to us, for example by encouraging users to contract with you offline; and 4.2.6 not to use the contact information of other users for any purpose other than in relation to a transaction on the Apothany Platform. 4.3 If you are an Expert or Business user, when describing your services on the Apothany Platform you agree: 4.3.1 to be truthful and honest; 4.3.2 not to provide any services which you are not allowed to provide (for example because you are required to have a qualification to provide those services and you are not suitably qualified); 4.3.3 to ensure that the price for your services is clearly and prominently stated; and 4.3.4 to comply with all applicable laws and guidance when describing and providing your services including (without limitation) advertising, marketing and consumer protection laws. 4.4 We do not guarantee that the Sites will be totally secure or free from bugs or viruses. It is your responsibility to configure any devices you use to access the Sites and we recommend that you use your own virus protection software. Sharing Content 4.5 We want you to share content that you’re interested in and passionate about when using our Sites. If you use our video calling features or upload or supply any content to the Sites (“User Generated Content”), you must comply with the following rules: 4.5.1 only share relevant content. Please only share content that relates to fashion and beauty; 4.5.2 you must be respectful; 4.5.3 you must be truthful and honest; 4.5.4 if you share an opinion, you must genuinely hold it; 4.5.5 you must not share content which is explicit, obscene, offensive, abusive or racist or  promotes hatred or physical harm against anyone; 4.5.6 you must not promote the use of drugs, alcohol or any illicit products; 4.5.7 you must not harass or bully another person; 4.5.8  you must not be defamatory of anyone; 4.5.9  you must not share material which is: (i) sexually explicit; or (ii) sexual or sexually suggestive involving minors and it must not link to third party sites that are sexual in nature; 4.5.10 you must not promote discrimination based on race, sex, religion, nationality, disability, gender, sexual orientation or age; 4.5.11  you must not use the material or content or infringe the rights or privacy of anyone else, for example you should not use images of well-known characters, footage or music (unless you have permission to use it or it is your own); 4.5.12 you must not share someone else’s personal details (unless you have their permission) or confidential information relating to other people; 4.5.13 you must not promote or condone terrorism, violence or other illegal behaviour; 4.5.14 your content must not be harmful to minors in any way; 4.5.15 you must not promote any illegal activity or otherwise be unlawful; 4.5.16 you must not impersonate any person, or misrepresent your identity or affiliation with any person, company or other organisation; and 4.5.17 you must not give the impression that your content emanates from us or is endorsed by us, if this is not the case. 4.6 Any User Generated Content that you upload or submit will be treated as non-confidential and non-proprietary. As such, we recommend that you think carefully about what you upload to the Sites. 4.7 We take no responsibility for, and we do not expressly or implicitly endorse, any User Generated Content. By submitting User Generated Content, you agree that you have all rights and authority to grant access to it as set out in these Terms. As you are responsible for your User Generated Content, you may expose yourself to liability if you post or share User Generated Content without all necessary rights. 4.8 If you become aware of any User Generated Content that breaches clause 4.5, please report it via the App, providing your details, along with details of: (i) the date and time it was posted; (ii) where it is on the Sites; (iii) the username of the person who posted it; (iv) reasons why the content should be deleted, along with evidence for this; and (v) copies of an communication with the person who posted it (if any). 4.9 You acknowledge that, if we see anything on the App which does not comply with our Terms of Use or is otherwise unlawful, we will remove it. Interactive Services 4.10  We may from time to time provide interactive services, including: 4.10.1 comment facilities; 4.10.2 messaging facilities; and 4.10.3 video calling functionality.
(“Interactive Services”) 5. Intellectual Property Our rights 5.1 We grant to you a non-exclusive, non-transferable, revocable licence to use the Sites provided that you comply with these Terms and any documents referred to in them. 5.2 Save for User Generated Content, for which see clause 5.4, all intellectual property rights in the Sites and their content, including the Apothany name and mark are owned by us or our licensors. Those rights are protected by intellectual property laws and treaties around the world. All such rights are reserved. 5.3 We welcome any feedback you may have. However, please note that any feedback, ideas or suggestions you send us via the Sites will be treated as non-confidential and non-proprietary. You agree that we are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in any feedback you provide to us for any purpose including, but not limited to, developing, manufacturing, advertising and marketing us and our products. User Generated Content 5.4 You will retain ownership of your User Generated Content, subject to any pre-existing rights that third parties may have in its content. If your User Generated Content contains material and/or content owned or generated by another person, you should ensure that you have permission from that person to use such material and/or content before posting it on the Sites. 5.5 You grant us a non-exclusive, irrevocable, royalty-free, sub-licensable, fully paid up, perpetual, worldwide licence to use, copy, modify, adapt, amend, prepare derivative works of, publish, transmit and distribute the User Generated Content in any format and through any media for any purposes including (without limitation): (i) advertising, marketing and promotion, including in relation to the Sites and Apothany; (ii) providing the Services; and (iii) allowing other users of the Sites and other third parties to view, access and use your User Generated Content.
Part B: Terms of Sale 6. Orders on the Sites 6.1 This Part B of the Terms sets out the terms of sale applicable to any purchases you make on the Apothany Platform (“Terms of Sale”). 6.2 You can place an order to receive services (“Order”) via the Apothany Platform. 6.3 When placing an Order, you agree that: 6.3.1 your Order is an offer to enter into a contract with the person selling the services (“Seller”); 6.3.2 you are responsible for reading the full description of the services and any further information that the Seller provides prior to placing your Order; and 6.3.3  you will pay for the services when your Order is placed. 6.4 Prior to submitting an Order, you should check that the information you have submitted is correct, as once your order is submitted, we will begin processing it immediately. Please note that these Terms of Sale are in the English language and will not be filed by us. 6.5 When you place an Order, we will send you an email acknowledging receipt of your order and accepting it (“Confirmation Email”). We will also send the Seller an email to notify them that that you have purchased services from them. Unless you have cancelled your Order before we send the Confirmation Email or we have notified you that your Order cannot be accepted, a separate contract of sale will come into existence between you and the Seller when we send you the Confirmation Email (“Contract”).   6.6 The services you have purchased will begin on the appointment date selected by you doing the order process.
7. Prices and payment 7.1 The charge for your Order will be communicated to you during the order process. 7.2 You can pay using any of the payment methods set out on the Apothany Platform. If your payment is not authorised, your Order will not be fulfilled. 7.3 All payments due under a Contract must be made using the Apothany Platform. If you have entered into a Contract, you agree not to make direct arrangements with the other person for payment to be made outside the Apothany Platform.
8. Cancellation and Refunds 8.1 As your appointment takes place on a specific day and time, please note that the cancellation rights in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply. However, you may cancel your Contract up to a day before your appointment and receive a full refund. If you cancel your appointment within 24 hours of your appointment time, you will not receive a refund.
9. Information for Sellers Fees 9.1 In consideration of the opportunity provided by us to you to provide services via the Apothany Platform, you shall pay us a fee of 30% of the total price of an Order (“Apothany Fees”). 9.2 Please note that you are required to have an account with Stripe account if you wish to offer Appointments on Apothany. The Apothany Fees will be deducted from the amount we receive from the buyer. The balance will be held by Stripe and made available to you via your Stripe account once your appointment is complete. 9.3 We may set off any liability you owe to us and make a deduction from the balance owed to you (including, for example, to account for any refunds, chargebacks, fraudulent activity and/or money laundering). 9.4 We have the right to make changes to the Apothany Fees from time to time, although we will provide you with at least thirty (30) days’ notice of such a change. Any such changes will not apply to any Contract entered into by you during the thirty (30) day notice period. 9.5 You are responsible for complying with all applicable tax and regulatory obligations (including VAT, duties or similar charges) applicable to you providing services under a Contract. We recommend that you take independent legal and tax advice in relation to this. Listings 9.6 You can remove a listing for your services (“Listing”) at any time before entering into a Contract to provide those services. 9.7 We rank Listings in order of relevance to user searches. Users are able to filter by: 9.7.1 categories of Expert; 9.7.2 languages an Expert speaks; 9.7.3 an Expert’s gender identity; 9.7.4 Experts who cater for specific skin tones; and 9.7.5 Experts who are able to provide services for specific events (e.g. special occasions and weddings). Users are also able to sort search results by: (i) price; (ii) Expert Ratings; (iii) newly added Experts; (iv) trending Experts; and (v) most popular Experts. 9.8 Please note that we may suspend or restrict a Listing from the Apothany Platform if we believe it does not comply with these Terms. If we do so, we shall provide you with a written statement of reasons for our decision.
10. Issues with Orders 10.1 Unless we are the ones providing services to you, we are not a party to Contracts. As such, if you have an issue with a Seller, we would recommend that you contact that Seller directly to try and resolve the issue in the first instance. 10.2  When you contact the Seller, you should provide full details of your issue. They will have 14 days to respond to you. If you are unable to resolve the dispute with the Seller within 14 days of contacting them, either you or the Seller may contact us and we will attempt to assist you in resolving the dispute. We will not be acting as an arbitrator in relation to any dispute and either you or the Seller will be free to pursue an alternative course of action (including legal action) at any time. 10.3 If you wish to contact us regarding an Order, we will ask you to provide details of the issue, including: 10.3.1 the date you entered into a Contract; 10.3.2 the services the Seller was due to provide under the Contract; 10.3.3 the information supplied about the services by the Seller; 10.3.4 whether you have purchased or were providing the services; and 10.3.5 how you have attempted to resolve the dispute.
Part C: General Terms 11. Indemnities This clause 11 only applies to Merchants. 11.1 You shall indemnify us and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us as a result of: 11.1.1 any claim that the use of your User Generated Content by us in accordance with these Terms infringes the rights (including intellectual property rights) of any third party; 11.1.2 any use by you of our intellectual property rights other than in accordance with these Terms; 11.1.3 any claim made against us arising out of a Contract that you have entered into; and/or 11.1.4 any other breach of these Terms.
12. Changes If you are a Seller 12.1 Save as set out in clause 12.3, we may amend or add to these Terms by providing you with at least fifteen (15) days’ notice (“Change Notice”). If we make any amendments or additions that require you to make technical or commercial changes to the way you provide services on the Platform, we will provide you with a longer notice period that is reasonable in the circumstances (“Extended Notice Period”). 12.2 You can cancel your agreement to these Terms before the end of the notice period set out in the Change Notice. You can choose to waive your right to cancel by letting us know in writing or taking a clear affirmative action after receiving the Change Notice. By continuing to use the Sites after receiving the Change Notice, we will take this to mean you have agreed to the changes (unless you tell us that you intend to cancel your agreement to these terms). 12.3 The requirement for us to provide advance notice for amendments or additions shall not apply where: 12.3.1 we have a legal or regulatory obligation which requires us to change the Terms in a way which does not allow us to give advance notice; or 12.3.2 we have changed these Terms to address an unforeseen and imminent danger related to defending the Sites, the Services or the users of the Sites from fraud, malware, spam, data breaches or cybersecurity risks. All other users 12.4 We reserve the right to update, change, suspend and/or discontinue all or any part of the Sites from time to time, and to change and update these Terms. 12.5 Unless the reason for the change is due to a change in law or for security reasons – in which case we may need to change these Terms on shorter notice, we will provide you with at least fifteen (15) days’ advance notice of any changes. If you do not wish to continue using the Sites following changes to these Terms, you can cancel your agreement to these Terms by deleting your Account.
13. Our Liability 13.1 Nothing in these Terms will limit or exclude our liability for: 13.1.1  death or personal injury caused by negligence; 13.1.2 fraud or fraudulent misrepresentation; or 13.1.3  any other matter in respect of which it would be unlawful to limit or exclude liability. 13.2 The Sites may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content of any third party web sites or services. We will not be liable for any loss or damage that may arise from your use of them. 13.3 Save as set out in clause 13.1, the following sub-clauses apply: 13.3.1 In no event shall we be liable to you for any loss or damage that you suffer as a result of or in connection with a Contract with another user. 13.3.2 Whilst we may attempt to mediate disputes between users in accordance with clause 10, we are not a party to such disputes. In no event shall we be liable to you for any loss or damage that you suffer as a result of or in connection with a dispute with another user. 13.4 If you are a Merchant, then subject to clause 13.1: 13.4.1 We will not be liable to you 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: (i) your use of, or inability to use, the Sites; or (ii) your use of or reliance on any content displayed on the Sites; 13.4.2 in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or any indirect or consequential loss, whether in contract, tort (including negligence), breach of statutory duty or otherwise; and 13.4.3 our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to £100. 13.5 If you are a Merchant, you shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of a breach of these Terms. 13.6 If you are a Consumer then, save as set out in clause 13.1, the following sub-clauses apply: 13.6.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. 13.6.2 You agree not to use the Sites, or any content on them, for any commercial, business or resale purpose. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. 13.6.3 Nothing in these Terms affects your statutory rights. 13.6.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise shall be limited to: the greater of: (i) £100; and (ii) if you have entered into a Contract with us, the total price paid by you for your Order.
14. Suspension and Termination 14.1 From time to time we may need to temporarily suspend the Sites, for example in order to carry out system maintenance, to implement security measures and address systems issues. 14.2 Circumstances outside of our control may also cause interruption to or failure of the Sites. These include, but are not limited to, internet and connectivity interruptions, power outages, and issues with third party systems which interact with the Sites. 14.3 Either you or we may terminate these Terms at any time for any reason. If you wish to terminate your agreement to these Terms, you may cancel your Account. If you wish to do this, you can do so via the App or by contacting us at support@apothany.com. Please note that, if you are in a dispute with another user, you will not be able to cancel your Account until the dispute has been resolved. If you are a Seller 14.4 We may suspend or terminate your Account and prohibit you from entering into Contracts or otherwise accessing the Sites if you breach any material breach of these Terms or any Contract. 14.5 Where we terminate your Account due to a material breach of these Terms or a Contract, we shall provide you with thirty (30) days’ notice of the termination and (subject to clause 14.6 below) a written statement of reasons for that decision. 14.6 We may also, without advance notice, suspend or terminate your Account and prohibit you from entering into any Contract or otherwise accessing the Sites if: 14.6.1 we have a legal or regulatory obligation to do so which means that we will be unable to provide you with advance note; 14.6.2 we are required to under applicable law; or 14.6.3 we can demonstrate that you have repeatedly breached these Terms. 14.7 All other users 14.8 If you breach any of these Terms, we may immediately do any of the following: 14.8.1 provide you with a warning; 14.8.2 suspend or terminate your Account; 14.8.3 withdraw your right to use the Sites, on a temporary or permanent basis; 14.8.4 issue legal proceedings against you for reimbursement of all costs resulting from your breach (including, but not limited to, reasonable legal and administrative costs); 14.8.5 take further legal action against you; and/or 14.8.6 disclose such information to law enforcement authorities as we feel is reasonably necessary.
15. Consequences of Termination 15.1 On termination of your Account for any reason: 15.1.1 your Account will be deleted; 15.1.2 if you are a Seller, you shall pay all outstanding Apothany Fees; 15.1.3 the licence granted in clause 5.1 will end. 15.2 If you are a Seller and we terminate your Account for the reasons stated in clause 14.5 or 14.6, we may prohibit you from creating any further Accounts.
16. Events Beyond our Control 16.1 Circumstances outside of our control may cause interruption to or failure of the Sites. These include, but are not limited to, internet and connectivity interruptions, power outages, and issues with third party systems which interact with the Sites. 16.2 If our ability to perform our obligations is delayed by an event outside our control then we will contact you to let you know and take steps to minimise the delay. However, we shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including (without limitation) strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
17. Other Important Information 17.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or cannot be enforced, the remaining clauses will remain in full force and effect. 17.2 Even if we delay in enforcing these Terms against you, we can still enforce them later. If we do not immediately insist that you do anything you are required to do under these Terms, or if we delay in taking steps against you for breaching these Terms, that will not mean that you do not have to do those things and will not prevent us taking steps against you at a later date.
18. Governing Law and Jurisdiction 18.1 These Terms are governed by English law. This means that your access to and use of the Sites and any dispute in relation to any of those things will be governed by English law. 18.2 If you are a Merchant, you and we irrevocably agree 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 these Terms its subject matter or formation. 18.3 If you are a consumer, you can bring legal proceedings in the English courts or the courts of the country where you live, if that country is within the UK or is an EU Member State. We will bring legal proceedings in the courts of the country where you live if that country is within the UK or is an EU Member State, or otherwise in the English courts. 18.4 If you are a consumer and you are resident in the UK or the EU and we direct the Sites to (and/or pursue our commercial or professional activities in relation to the Sites in) the country where you live, you will benefit from any mandatory provisions of local law. Nothing in these Terms, including clause 18.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
19. Contacting us 19.1 If you need to contact us for any reason, please: email:  support@apothany.com; or write to us at:  Apothany Limited, C/O Stevens & Bolton LLP, Wey House, Farnham Road, Guildford, Surrey, United Kingdom, GU1 4YD .
Appendix 1Additional App Terms In this Appendix, “Appstore Provider” means the provider of the appstore from which you have downloaded the App (for example, if you downloaded the App from the Apple App Store, Apple will be the Appstore Provider and if you downloaded the App from the Google Play store, Google will be the Appstore Provider). 1. You acknowledge and agree that this EULA has been concluded between you and us, and not the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and the content in the App. 2. You acknowledge and agree that the Appstore Provider is not responsible for providing any maintenance or support in relation to the App. 3. In the event that the App does not conform to any product warranty set out in this EULA, the Appstore Provider may provide you with a refund of the price you paid for the App (if any). The Appstore Provider shall, to the maximum extent permitted by law,  have no further warranty obligation with respect to the App. 4. You acknowledge and agree that the Appstore provider shall not be responsible for any claims that you might have in connection with the App including, but not limited to: (i) product liability claims, (ii) any claim that the App does not conform to a legal or regulatory requirement, and (iii) any claims arising under consumer protection or similar legislation. 5. If a third party claims that your use of the App infringes that third party’s intellectual property rights, you acknowledge and agree that we (and not the Appstore Provider) will be solely responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim. 6. You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated a “terrorist supporting” country by the U.S. Government, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. 7. You agree to comply with all applicable third party terms when using the App. 8. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this EULA. Upon your acceptance of this EULA, Apple will have the right to enforce the EULA against you as a third party beneficiary.
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