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Terms

Terms of Service.

General Terms Relating To All Users of Our Service (“General Terms”).

Last Updated: 1st MARCH 2018

Welcome to Absent.

Your use of Our Service (as defined below) is subject always to Your clear and unequivocal agreement that You will be bound by these General Terms together with any other terms, conditions, regulations, directives, policies, guidelines or other lawful directions given from time to time by Absent during the period that You use or seek to use Our Service.

Please read these terms and conditions carefully they govern the relationship between You and Us and any rights for You to Use Our Service and for Us to suspend or prevent You from using Our Service.

1.  Acceptance of Terms & Registration

    1. 1.1 These General Terms, Our Privacy Policy, Our Cookies Policy, together with any other terms, conditions, regulations, directives, policies, guidelines or other lawful directions issued by Us from time to time (the “General Terms” “Terms” or “agreement” as the case may) constitute the full agreement between Absent Limited of 2 Maesglas, Gorseinon, Swansea, Wales. SA4 6HZ (“Absent,” “We”, “Us” “Our” as the case may be) and You (“You”, “Your”, “User” and/or “Users” as the case may be). For the avoidance of any doubt as the user or person allowing others to use Our Website, the Application, including but not limited to their related software, content, and other services owned, controlled and/or operated by Absent for the purposes of this agreement (jointly and collectively “Our Service”),You are fully responsible for any and all use of Our Service either by You or any other person allowed by You to use Our Service.
    1. 1.2 This agreement is intended to clearly set out and describe both of Your rights and Your obligations as part of using Our Service and it is important that you read these General Terms and Our whole agreement with You carefully. By using Our Service, You irrevocably agree (on behalf of You and/or any other person allowed by You to use Our Service) to be bound by all the terms and conditions of Our agreement with You. Your clear and unequivocal opt in to these General Terms are a condition precedent to any use by You and or others allowed by You from time to time of Our Services.

1.3 You agree, affirm, confirm and undertake that You are at least eighteen (18)

years of age.  If You are not eighteen (18) years of age but You are at least the age of sixteen (16), You may use the Service only if Your parent or guardian agrees to be bound by these Terms in accordance with Clause 1.1. and 1.2 above.  Parents and guardians of Users under the age of eighteen (18) years of age hereby agree to the General Terms and any reference to You as the User shall include the parent or guardian. We shall not in any form of manner be responsible for any use made by any person or entity not authorised to use Our Service in so far as it affects Your account with Us. We further confirm that Our Services are not directed at or for use by anyone under the age of sixteen (16) so if You are under the age of sixteen (16) You are not permitted to access or use the Website, the App and/or utilise any of Our Service.

1.4 If you are entering into this agreement on behalf of a company or partnership, You irrevocably represent and confirm that You have the full and unfettered authority to bind such entity and its agents (including partners) and affiliates to this agreement. In such case, the terms “You” and/or “Your” shall also refer to such entity, its agents and affiliates, as applicable. If You do not have such authority, or if You do not agree with the terms of this agreement, You may not use Our Service.

1.5 Absent hereby reserves the right to make changes to these General Terms and Our agreement with You for any reason. We will promptly notify You if we make a material change to these General Terms and/or Our agreement with You. In the event that You have not been invited to further opt in to any material changes to these General Terms and/or Our agreement with You, Your continued use of Our Service will constitute acceptance of any revised terms and conditions.  You can review the most current version of these General Terms at any time by visiting this page. If any change to the General Terms and/or Our agreement with You is not acceptable, Your only remedy is to cancel Your account and stop using Our Service.

1.6 You must create an account to access Our Service. You are responsible for providing truthful and accurate registration information and for maintaining the confidentiality of Your account username and password and for any and all use of Your account. For the avoidance of any doubt Your account should not be used for any of the Prohibited Content and/or Prohibited Conduct as set out in clause 3 below.

2. Definitions.

2.1 “App or Application” shall mean the application made available and provided by Us and downloadable to a portable data device for use by You to access Our Services;

2.2 “Our Content” shall mean any and all data and/or intellectual property and other related rights owned and controlled Us including but not limited to any data, information and content stored or distributed via Our Service, including without limitation to Properties and Trademarks, messages We send, information, pictures, streaming videos, streaming music, data, and anything else that We enter, upload, or synchronized either as part of the Service or through the Website and or the App;

2.3 “Properties” shall mean any third party intellectual property licensed to Us for use only by Absent unless otherwise agreed in writing;   

2.4 “Service” shall mean the Services offered by Us in accordance with these General Terms;   

2.5 “Social Media Account” shall mean any social media account held by You;

2.6 “Trademark” shall mean any word, sign or other devise (whether registered or unregistered) including but not limited to any Properties used as an identification of the origin of goods and services which is owned and controlled by Absent;

2.7 “Your Content” shall mean any data, information and content stored or distributed via Our Service by You, including without limitation messages you send, profile information, pictures, streaming videos, streaming music, data, and anything else you enter, upload, or synchronized onto Your Profile;

2.8 “Your Profile” shall mean any and all information including without limitation Your Content used by You in or on Your user account, such account to be opened by You in accordance with the terms of Our agreement with You; and

2.9 “Website” shall mean Our Website which is accessible by way of www.absent.com

For the avoidance of any doubt any further defined terms set out below shall

have the same weight and importance as if such definition appeared above in

this clause 2.

3.  Use of the Service; License; Social Media Integration.

3.1 Our Service is only for the purpose of searching, finding, locating, contacting and potentially reuniting individuals who have been missing from other people’s lives as a result of alienation and/or estrangement either through the Website or through the App and all software, applications, data, text, images, and other content, functionality and services made available through the Website and the App (“the Authorised Use”) Any new features added to or improving Our Service are also subject to these General Terms. Absent hereby fully reserves the right to modify or discontinue Our Service or any of its features or functionality at any time without notice to You.

3.2 Our Service is NOT for the purposes of:

3.2.1dating, romantic or adult introductions;

3.2.2locating someone to commit a crime (or to aid and abet the same);

3.2.3locating someone for financial gain and/or blackmail;

3.2.4locating someone to cause harm and or abuse;

3.2.5stalking; harassment or bullying;

3.2.6the creation and/or use of a fake identity, avatar or imposter for any

reason;

3.2.7 any form of hate crime or revenge;

3.2.8 the incitement, any attempt or the commission of any offence under the Sexual Offences Act 2003; Malicious Communications Act 1988; Communications Act 2003 S127; Protection From Harassment Act 1997; Criminal Justice and Public Order Act 1994 S154; Protection of Children Act 1978; Criminal Justice Act 1988 part XI; Criminal Justice and Courts Act 2015 S33; and/or the Serious Crimes Act 2015;

3.2.9 any other act reasonably believed by Absent to be in breach of Our agreement with You.

3.3 By using Our Services You irrevocably agree and undertake that You will:

3.3.1 not post, exchange, make available, provide, or process any

Prohibited Content. “Prohibited Content” includes but is not limited to content that:

a) infringes any third party rights, including any intellectual property rights (e.g., any Properties, Trademarks, copyright, patent, and trade secret rights), publicity/privacy rights, contract rights or otherwise;

b) is knowingly false or intended to mislead, confuse, impersonate or deceive others;

c) promotes or glorifies illegal, discriminatory, violent, or harmful activities or substances;

d) is harassing, threatening or insulting to others;

e) infringes any law, including without limitation privacy rules,

regulations, and best practices;

f) is defamatory, obscene, pornographic, vulgar or offensive;

g) involves the transmission of “junk mail,” or unsolicited mass

mailings;

h) creates or purports to create any liability for or against Absent or otherwise infringes or is in breach of the terms and conditions of Our agreement with You; and/or

i) any other action or inaction amounting to any breach of Clause 3.2 above.

3.3.2 initiate, engage in, promote, or encourage any Prohibited Conduct in connection with your use of Our Service. “Prohibited Conduct” includes (but is not limited to) doing or engaging in things like:

a) introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful otherwise attack or interfere with Our Service;

b) attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of Our Service, the server on which Our Service is stored, or any server, computer or database connected to the Service or use any robot, spider or other automatic device, process or means to access the Service for any purpose;

c) restricting or inhibiting any other user from using and enjoying Our Service in any form or manner;

d) promoting, encouraging, advocating, or providing information about illegal activities via Our Service;

e) harassing, threatening, disrespecting or hurting others or attempting to encourage others to do the same;

f) impersonating another person or representing yourself as affiliated with Us or other relevant third parties;

g) soliciting passwords, account information or other personal information from other users of Our Service;

h) conducting commercial activities and/or promotions or advertisements via Our Service;

i) using Our Service for fraudulent transactions or for any purpose that infringes any applicable local, state, national, or foreign laws, regulations, or treaties;

k) otherwise creating liability for or against Absent; and/or

l) any other action or inaction amounting to any breach of Clause 3.2 above.

3.4 For the avoidance of any about each and every instance of breach in relation to Prohibited Content and/or Prohibited Conduct shall deemed individually and severally a separate and actionable breach of Our agreement with You.

3.5 Any attempt, incitement, commissioning, publishing, posting,  dissemination or any other form or manner of use and/or exploitation of any Prohibited Content and/or Prohibited Conduct will result in the immediate suspension of Your account with Absent. Pending Our investigation of any alleged Prohibited Content and/or Prohibited Conduct by You, such investigation to be undertaken within a reasonable time, We have the right to terminate Your account and Our agreement with You upon Our reasonable determination of any use of Prohibited Content and/or Prohibited Conduct.

3.6 In the event of any allegation and/or suspicion of the use and/or exploitation of any Prohibited Content and/or Prohibited Conduct We hereby fully reserve the right to disclose any and all of Your Content, data and/or other evidence of Your activities related to any use of Our Services to any third party authority including but not limited to the Police, government bodies and organisations without further recourse from You.

3.7  Limited License. We hereby grant to You a limited, personal, non-exclusive,

non-sublicensable license to access and use Our Service only for lawful,

Authorised Use in accordance with these General Terms and You shall not misuse Our Service in any manner (as determined by Absent in its sole discretion). You shall comply with any and all codes of conduct, policies, or other notices that We provide You or that We publish in connection with Our Service from time to time. Any rights not expressly granted herein are reserved by Us. You may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit Our Service, any of Our Content, Properties and or Trademarks  that may be found on the Website and/or the App in whole or in part without Our express prior written authorisation.

3.6 Social Media Integration.  Our Service may from time to time allow You to directly integrate certain third party online social media services, which may include such services as Twitter, Facebook, SoundCloud, YouTube, and Instagram into Your Profile. As part of such integration, You may have to authenticate, register for or sign into the Social Media Account directly through a website or application of the relevant third party social media provider.  By integrating Your Social Media Account, You agree that We will have access to certain information that You may have provided to such Social Media Account and that We may send to You communications through Your Social Media Account. Absent, however, does not make any representations as to how third party social media companies may handle Your information. You should review their terms and conditions carefully and You hereby agree and undertake to Us that you will adhere to such third party terms and conditions as may be applicable. Absent will not be held responsible or liable for the actions or policies of any third party social media providers. Absent does not recommend or endorse any particular social media and disclaims any liability with respect to Your Content or other users content from Your Social Media Accounts that may be distributed through or stored through Our Service.

3.7  Mobile Devices and Texts.  Our Service through the App is available via  mobile devices, including the ability to browse Our Service from a mobile device and/or the ability to access certain features. To the extent You access Our Service through Your mobile device, Your wireless service carrier’s standard charges, data rates and other fees may apply.  By using Our Service on Your mobile device, You hereby agree that We may communicate with You by notifications, text message, or other electronic means to Your mobile device.

3.8 Third Party Content.  As part of using Our Service, You may access content from a third party, including websites, applications, and platforms, and other users of Our Service (“Third Party Content”). You understand that Third Party Content is not under Our control and agree that in relation to any and all such content We are not responsible for any and all Third Party Content. For the avoidance of any doubt We may from time to time provide access to Third Party Content as a convenience, We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. Your use of Our Service, any and all Third Party Content is made at Your own risk and You hereby assume full responsibility for any and all such use. If You come across any Third Party Content which seems to you to be illegal, immoral, or in breach of these General Terms and or any other part of Our agreement with You, You should contact Us by immediately by email marked “FOR THE URGENT ATTENTION OF ABSENT SUPPORT to the address set out in clause 17 below.

3.9  Disputes with other users.  You agree that You are solely responsible for Your interactions with any and all other users in connection with Our Service, and We shall have no liability or responsibility with respect thereto. Absent hereby reserves the right, but has no obligation (unless required by applicable law), to become involved in any way with any disputes between You and any other user of Our Service.

3.10 False Claims. Whilst You are encouraged to make any claims where You honestly believe that any of Your rights are being infringed or in respect of the behavior of other users, any claims made will be fully investigated and adjudicated upon by Absent. In the event that it is found that any claim made by You is false or malicious We hereby reserve the right to either suspend Your account and/or terminate Our agreement with You.

4. Your Content.

4.1 Licence granted to us. You hereby grant Us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to access, use, reproduce, distribute, publicly display, publicly perform, adapt, synchronise, prepare derivative works of, and otherwise communicate Your Content in so far as such content is not marked as “Confidential”. [NOTE Do we have an option to mark any of the Users content as confidential and if not why not?] You hereby grant to Us any and all rights in and to Your Content for any and all purposes in connection with the provision of Our Service. [Note what happens if certain content is marked “Confidential”?]

4.2 You are fully responsible for any and all of Your Content and any and all communications with others while using Our Service. We may at anytime choose to review Your Content for compliance with Our agreement with You or for any evidence of any Prohibited Content and/or Prohibited Conduct, but You acknowledge and confirm that We have no obligation to monitor any of Your Content or other information related to You held or otherwise used on and/or in Our Service. We are not responsible for the accuracy, appropriateness, or legality of Your Content or any other information that You or other users may be able to access using Our Service. You agree without liability to You that We may suspend, remove or disable any content or any part or all of Your Content, including but not limited to any false information and/or Prohibited Content from Our Service at any time for any reason or for no reason at all.

5. Electronic Communications.

5.1 When you use Our Service or send e-mails, text messages, and other communications from Your desktop or mobile device to Us, You are communicating with Us electronically. We will communicate with You electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the Website or the App. For contractual purposes, You hereby consent to receive communications from Us electronically and You agree that all agreements, notices, disclosures and other communications that We provide You electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

End of terms

6. Intellectual Property, Ownership and Feedback.

6.1 You acknowledge that all intellectual property rights, including Our Content, the Properties, Trademarks, copyright, patent, and trade secret rights, in Our Service and the underlying technology are owned by Absent and Our licensors and suppliers and are protected by intellectual property laws throughout the world.  All rights, title, and interest in and to Our Service not expressly granted in this Agreement are reserved by Absent or Our licensors and suppliers as the case maybe.

6.2 Except for the licenses granted in these General Terms and/or any oral or implied licenses, You and Your licensors retain any intellectual property rights in Your Content.

6.3   If you provide any suggestions, ideas, feedback, or recommendations to Us

regarding Our Service (“Feedback”), We may use this Feedback for any purpose and without any obligation to You. By providing Us with Feedback, You hereby grant to Us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit such Feedback in any manner, mode or media whatsoever.

7. Privacy.

7.1 Please refer to our Privacy Policy located at [NOTE Insert link__________________], which is incorporated herein as part of these General Terms and our agreement with You, for information on how We collect, use and disclose information We receive from You.

8. Copyright Policy.

8.1 Notice. Whilst Our Servers are not located in the USA, nor do we submit to the application of the Jurisdiction of the Courts of the USA, it is and remains Our policy to respond to notices of alleged infringement that comply with the mechanism set out in the Digital Millennium Copyright Act 1998 (DMCA) in relation to dealing with and responding to “take down” notices.  If You are a copyright owner or an agent of one, and You believe that any content contained or appearing on Our Service infringe Your copyrights, You may submit a notification pursuant to the mechanics set out in the DMCA by providing our Designated Copyright Agent, as described below, the following information in writing:

8.1.1 Your physical or electronic signature as the owner or the signature of a person authorised to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

8.1.2 Full and unequivocal identification of the copyrighted work claimed to have been infringed, and/or, if multiple copyrighted works at a single online site are covered by a single notification, a full and unequivocal identification of each and every copyrighted work in a list of all such works allegedly infringed;

8.1.3 Full and unequivocal identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and all information reasonably sufficient to permit Absent to easily locate the relevant content;

8.1.4 Sufficient information to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address, url or other electronic identifier at which the complaining party may be contacted;

8.1.5 A statement that you have an honest and good faith belief that use of the material in the manner complained of is not authorised by You as the copyright owner, or its agent, or the law together with reasonable evidence to sustain Your arguments as to such ownership and/or authority to make such a complaint; and

8.1.6 A statement that all of the information being supplied in the notification is accurate, and under penalty of perjury, that You are the owner or authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit all notifications to Absent Designated Copyright Agent at:

Agent:  RafterMarsh UK

Address: 20 Apple Avenue, Fernwood, Newark, Nottinghamshire. NG24 3US. UK

Phone: +44 7557906314

Email: terry@raftermarsh.com

8.2 Counter-notice. In order to ensure that copyright owners do not wrongly insist on the removal of content that actually does not infringe their copyrights, Absent will notify the affected users if their content has been suspended and/or removed and provide them with an opportunity to send a counter-notice. If You believe that Your Content should not have been taken down because it is not infringing, then You may send a counter-notice.  A proper counter-notice must contain the following information:

8.2.1 Your name, address, phone number and physical or electronic signature;

8.2.2 Identification of the material and its location before removal;

8.2.3 A statement under penalty of perjury that the material was removed by mistake or misidentification.

8.2.4 Your consent to a local federal court jurisdiction, or if overseas, to an appropriate judicial body to deal with any allegations made.

8.3 Any and all notifications should be submitted to Our Designated Copyright Agent, as specified above. In the event We receive a proper counter-notice, within ten (10) days We will give notice to the original complainant, and if the original complainant does not file a proper response within ten (10) days, then we will restore the material that was taken down and any penalty imposed upon you will be expunged.

8.4 We will promptly terminate without notice those accounts of users that We    determine are “repeat infringers.”  A repeat infringer is a user who has been notified by Absent or Our Designated Copyright Agent of infringing activity violations more than once or a complaining party who has wrongly complained of more than two infringements and no infringement has been found.

9. Third Party Service and Our Service.

9.1 From time to time Our Service may contain links to other products and services of third parties (“Third Party Services”). Such Third Party Services are not under Our control and We are not responsible for their content, goods, services, performance, operation, availability, business practices or policies. Absent may make such Third Party Services available to You only as a convenience but We do not imply any endorsement or recommendation of such third parties and or the Third Party Service. If you access any of these Third Party Services, You do so entirely at Your own risk and any charges or obligations that You incur in any of Your dealings with such third parties are absolutely Your responsibility and not those of Absent. Any websites, applications and any other services available through the Third Party Services are subject to their own terms and policies, including privacy and data gathering practices. You will need to consider such terms and policies carefully before engaging any Third Party Services.

9.2 In the event that You contract with any third party for access and/or use the Third Party Services You will be solely responsible and liable for any and all obligations incurred thereon.

10. Termination and Suspension.

10.1 Suspension by You. You can suspend Your account profile at anytime.  You can re activate Your account at anytime to instantly restore Your Profile where You have suspended Your account for any legitimate reason.

10.2 Termination by You. You can terminate Your account profile at any time by deactivating Your account or by providing notice of termination to Absent.   If You terminate Your account, You will not be able to recover Your Content. Monthly and yearly subscriptions can be cancelled at anytime however no partial refund is permitted. As long as You continue to access Our Service, these General Terms and Our agreement with You  will continue to apply to You notwithstanding that You are no longer a registered user.

10.3 Suspension by Us. We may suspend Your account profile at any time. Such suspension can be made at any time, for any reason, however such suspension will generally be as a result of any alleged infringement or breach of any provision in these General Terms and Our agreement with You and or being engaged in any of those matters or activities set out above in clause 3.

10.4 Termination by Us. We reserve the right to terminate or suspend your account profile or prevent Your access to any or all portions of the Service at any time, for any reason, including but not limited to Your violation or breach of any provision in these Terms any policies and or being engaged in any of those matters or activities set out above in clause 4.

11. Effects of Termination.

11.1 If your account profile and/or access to Our Service is terminated, You will have no further right to access Your account or Our Service and all Content and Your Content will no longer be accessible to You and may not be recoverable.  The relevant clauses of these General Terms, Our agreement with You and any matters that by their very nature should reasonably survive termination will survive termination.

11.2 We hereby reserve the right to investigate any and all activity undertaken by You in relation Your use of Our Service and/or Your account and take appropriate action and report any illegal conduct.

11.3 Further We hereby reserve the right to access and disclose any information (including without limitation Your Content) that Absent  considers necessary or appropriate, in order to fully cooperate with governmental requests, subpoenas or court orders, or to protect Our systems, service providers, partners, and other users, or to ensure the integrity and operation of Our business and Our Service.

12. Disclaimer.

12.1 Our Service, including but not limited to, Our Content, Your Content and any Third Party Content, and any information therein is provided on an “as is” and “as available” basis and Absent do not represent, warrant, or guarantee that Our Service will provide a specific result or be provided uninterrupted, accurate, error-free, virus-free, or that defects will be corrected. To the maximum extent permitted by applicable law, Absent hereby disclaims all warranties regarding Our Service whether express, implied, or statutory, including the warranties of title, merchantability, fitness for any particular purpose or use, non-infringement, accuracy, completeness, or currentness. Your access and use of Our Service as well as Your access to and use of Third Party Service is solely at Your own risk.

13. Limitation of Liability.

13.1 Absent will not be liable in any way for any claim, damage, cost, liability, or loss of any kind, including loss or damage to You or Your business, Your account, Your reliance on Our Service, Your Content or other data or information, Your reputation, or personal injury, death, or property damage, arising from or relating to the use of or inability to use Our Service or for any other reason. To the maximum extent permitted by applicable law, absent will not be liable for any damages whatsoever, including any direct, indirect, incidental, special, exemplary or consequential damages (including loss profits) arising from or relating to these General Terms or Our Service, including, Your Content, Social Media Accounts, third party content or any third party service, even if informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall absent be liable for more than the amount paid by You to Us, if any, in the month directly preceding the claim or fifty pounds sterling (gbp £50.00), whichever is greater. Some jurisdictions do not allow the exclusion of certain warranties or damages, so the limitations above may not apply to you. In such jurisdictions, the foregoing limitations will be enforced to the greatest extent permitted by applicable law.

13.2 The parties acknowledge and agree that this limitation of liability is an essential term of these General Terms and that we do not allow access to Our Service without acceptance of these General Terms. Nothing in Our agreement with you is intended to exclude or restrict or shall be construed as excluding or restricting the liability of absent for (i) death or personal injury caused by the gross negligence (ii) willful misconduct of Absent, its employees, or its agents; or (iii) any liability which cannot be limited or excluded by applicable law. In such jurisdictions, the foregoing limitations will be enforced to the greatest extent permitted by applicable law.

14. Indemnification.

14.1 You agree to defend, indemnify, and hold Absent and its affiliates, third party suppliers and users, harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by Us arising out of or relating to (i) Your use of Our Service, including communications with other users; (ii) Your Content; or (iii) Your infringement and/or breach of any provision of these General Terms or Your infringement of any rights of a third party.

15. Resolving Disputes.

15.1 Most user concerns can be resolved quickly and to the user’s’ satisfaction by emailing support@absent.com. In the unlikely event We are unable to resolve Your complaint to Your reasonable satisfaction informally, We each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction.  By entering into this agreement, You and Absent agree as follows:

15.1 to resolve any claims relating to these General Terms through final and binding arbitration as provided herein, except as set forth under section 15.6, the exceptions to this agreement to Arbitrate;

15.2 Opt-out of agreement to arbitrate. You can decline this agreement to arbitrate by making a written request to opt-out by emailing Us at optout@absentforyou.com within thirty (30) days of first accepting these General Terms;

15.3 Notice of Demand.  A party who intends to seek arbitration must first send, by first class registered post, a written Notice of Dispute (“Notice”) to the other party. A Notice to Absent should be addressed to: Notice of Dispute, Legal Counsel, Absent Limited c/o RafterMarsh UK, 20 Apple Avenue, Fernwood, Newark, Nottinghamshire. NG24 3US or other address that may be notified to You from time to time (the “Notice Address”). The Notice must: a) describe the nature and basis of the claim or dispute; and

b) set forth the specific relief sought (the “Demand”). If You and We do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, You or Absent may commence arbitration proceedings;

15.4 Arbitration Procedures. Arbitration between You and Absent will be governed by The Arbitration Act 1996 and The London Court of International Arbitration will administer the arbitration under its commercial arbitration rules and any applicable the supplementary procedures in front of a one arbitrator panel. The arbitration will be held in the London England, or any other location We may agree to;

15.5 Arbitration Fees and Incentives. The Arbitration Act 1996 and the rules of The London Court of International Arbitration will govern payment of all arbitration fees. Absent will pay all arbitration fees for claims less than seventy five thousand pounds (£75,000). If You receive an arbitration award that is more favorable than any offer We make to resolve the claim, We will pay you one thousand pounds (£1,000) only in addition to the award;

15.6 Exceptions to Agreement to Arbitrate. Either You or Absent may assert claims, if they qualify, in small claims court in London, or any county in England and Wales where You live or work. Further, Absent may bring a lawsuit solely for injunctive relief to stop Prohibited Content and/or Prohibited Conduct or abuse of Our Service without first engaging in arbitration or the informal dispute-resolution process described above;

15.7 No Class Actions. You may only resolve disputes with Us on an individual basis, and may not bring a claim as a claimant or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations or claims are not allowed;

15.8 Judicial forum for disputes. In the event that the agreement to arbitrate or any provision herein is found not to apply to You or Your claim, You and Absent agree that any judicial proceeding (other than small claims actions) will be brought in the Courts of England and Wales such Courts having exclusive jurisdiction. Both You and  We consent to venue and personal jurisdiction there;

15.9 For the avoidance of any doubt, this agreement is made in English language and any translation made thereof shall be for information purposes only. In the event of any dispute arising between the parties to this agreement this agreement will be interpreted in English and subject to the laws of England and Wales;

16. General Provisions.

16.1 These General Terms, together with the Privacy Policy, Cookies Policy, any and all other guidelines, rules, directions, decisions, directives or other documents issued from time to time by Absent, constitute the entire agreement between You and Us regarding Your use of Our Service, all of which supersede and replace any prior written or oral agreements regarding the foregoing.

16.2 Our failure to exercise or enforce any right or provision in these General Terms and/or Our agreement with You is not a waiver of such right or provision.  If any provision in these Terms, for any reason, is held to be invalid or unenforceable, the other provisions will continue, unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

16.3 All rights or obligations to use Our Service are personal to You and are not assignable, and any such attempted assignment or transfer shall be void and without effect.

16.4 These General Terms and Our Agreement with You will be governed and interpreted by and under the laws of England and Wales.  Any claim relating to these Terms and/or the agreement shall be subject to the exclusive jurisdiction of the Courts of England and Wales (save as set out above in Clause 15) and any action, suit or proceeding must be filed within one (1) year of the date that the claim arose or else is irrevocably waived by You.

16.5 This agreement has been made and drafted in the English Language and any translation in to any other language is for information purposes only. In the event of any dispute the English version of this agreement shall prevail and shall be the basis for any evidence to be submitted.

17. Contacting Us.

17.1 If you have any questions about these General Terms and/or Our agreement with You, please contact us at support@absentforyou.com.

END OF GENERAL TERMS.