Terms & Conditions

These terms are governed by English law, and you can bring legal proceedings in respect of the Subscriptions as set out below in this clause 10. 

10.1 The following additional terms apply to United States based subscribers:

ARBITRATION AND CLASS ACTION WAIVER

10.1.1. To the maximum extent permitted by applicable law, you and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to these terms and your purchases (if any) under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration. Any arbitration between you and us, to the extent necessary, will be conducted in New York, New York, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

(i) The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;

(ii) The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and

(iii) Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(iv) Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

10.1.2. You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:

(i) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

(ii) You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and

(iii) You must file any claim within one (1) year after such claim arose or it is forever barred.

10.1.3. If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in New York, and you and we hereby submit to the personal jurisdiction and venue of these courts.

10.1.4. This agreement to arbitrate will not preclude you or us from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or us from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of our intellectual property rights.

a)  If you have taken your Subscription out with us directly and would like to end your subscription, you can either:

(i)  Switch off your auto renew via the My subscriptions section of My account [here ] , by selecting “Cancel this subscription” and clicking on “Keep access at no extra cost”.

(ii)  Select the “Cancel this subscription” from the My subscriptions section of My account [here ] and click on “Lose access immediately”.

b)  If you purchased your Subscription via Google Play, Apple App Store or Amazon Appstore, you will need to end your Subscription via visiting the relevant platform. If you have any questions relating to amending or ending your Subscription, please go to your account on the relevant platform. Please see our Frequently Asked Questions for further guidance.

5.3. We may end your Subscription by writing to you if: 

a)  you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; 

b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Subscription;

c)  there are activities on your account that might cause harm to us or others; and/or

d)  acting at all times reasonably and by our sole discretion, we believe you have been acting fraudulently. 

5.4. We may terminate, suspend, or restrict your Subscription immediately without notice where the grounds for this are serious, for example, there is a real risk of loss or harm if your Subscription were to continue. Where the grounds are less serious, we will give you reasonable notice before we terminate, suspend, or restrict your Subscription. 

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Creating a clear and comprehensive Terms and Conditions (T&C) document is crucial for any business. Key elements to include are user rights and responsibilities, terms of service, and procedures for modification or termination of the agreement. By detailing these aspects, you ensure a mutual understanding between your business and your clients. If you need guidance on what else to include, don’t hesitate to connect with us at Global Traffics!