Terms of Service

TERMS OF SERVICE

Last updated June 23, 2024

Welcome to the Pepster App!

To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we talk about “Pepster”, “we,” “our,” or “us” in these Terms, we are referring to Pepster Limited (trading as Pepster App), a company registered in England and Wales under company number 13921118 with registered office 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE.

When we talk about the “Pepster App” or “Services” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

We have also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

In these Terms:

  • references to the “App Store” means Apple’s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the “App Store Rules”.
  • references to “Google Play” means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as “Google’s Rules”.
  • In clauses where we use the phrase “App Store Rules or Google’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the Pepster App via the Apple App Store, and for Google’s Rules to apply to users who have obtained the App via the Google Play distribution platform.

INTRODUCTION

        • These Terms set out the terms and conditions that apply when you use the Pepster App.
        • By downloading or using the Pepster App, using any services or experiences through Pepster App, or otherwise engaging with the content on the Pepster App, you represent and warrant that you:
          • are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us; and
          • agree to be bound by these Terms.
        • Please have a careful read through these Terms before using the Services. If you do not agree to these Terms, please do not use the Services.
        • We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you will be taken to have agreed to the Terms as modified.

THESE TERMS

        • These Terms are an agreement that is made between you and us and neither Apple nor Google (as applicable) are a party to this agreement and have no responsibility for the Pepster App or its content.
        • We license you to download and use the Pepster App:
          • for iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in these Terms and the App Store Rules; or
          • for Google Play Store users, to use the Pepster App provided you follow all the rules described in these Terms and Google’s rules.
        • The licence referred to in clause 2(b):
          • is only for you personally and for non-commercial use;
          • starts when you download the Pepster App; and
          • covers content, materials, or services accessible from, or bought in, the Pepster App including all of our support resources. It also covers updates to the Pepster App unless they come with separate terms, in which case we will give you an opportunity to review and accept.
        • You must comply with the App Store Rules and Google’s Rules (as applicable) as well as these Terms but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.
        • You do not own the Pepster App or any of its contents, but you may use it on devices that you own or control, as permitted by these Terms and by the App Store Rules or Google’s Rules (as applicable).
        • If you sell or give away the device on which you have downloaded the Pepster App, you must first remove the Pepster App from the device.
        • You must not:
          • modify the Pepster App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
          • deliberately attempt to avoid or manipulate any security features included in the Pepster App; or
          • pretend that the Pepster App is your own or make it available for others to download or use (including by way of copying the code of the Pepster App and creating an independent version).

ACCOUNT REGISTRATION

        • In order to use the Pepster App, you will be required to sign up for an account (Pepster Account).
        • By signing up for a Pepster Account, you represent and warrant that you:
          • are over 18 years of age;
          • do not have more than one Pepster Account;
          • have not previously been banned or removed from using the Pepster App, unless we have provided our written consent for you to create a new Pepster Account; and
          • have never been convicted of a felony (or other indictable offense) and/or do not have a restraining order against you and/or are not required to register as a sex offender with any government sex offender registry.
        • When you register for a Pepster Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
        • You agree that you are solely responsible for:
          • maintaining the confidentiality and security of your Pepster Account information and your password; and
          • any activities and those of any third party that occur through your Pepster Account, whether those activities have been authorised by you or not.
        • You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
        • You must not share your Pepster Account login in details and password with any other person. We shall not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Pepster Account information or your password.

USE OF THE PEPSTER APP

        • You agree that you must:
          • comply with these Terms at all times while using the Pepster App;
          • use your real name and age in creating your Pepster Account and on your profile;
          • treat all the Pepster App users with respect (both online, if applicable and when meeting in person); and
          • present yourself respectfully and authentically by uploading at least 1 photo that shows your face.
        • You agree that you must not:
          • make any misrepresentations, including in relation to your identity, age or any other information you upload to your the Pepster App profile;
          • harass, bully, intimidate, assault, defame, harm or otherwise mistreat another user;
          • impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
          • upload the image or likeness of another person;
          • copy, reproduce, translate, adapt, vary or modify the Pepster App;
          • use the Pepster App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
          • defraud, swindle or deceive or attempt to defraud, swindle or deceive another user;
          • advertise or solicit any user to buy or sell any product or service on or through the Pepster App;
          • disclose personal information about someone else that you do not have the consent to disclose;
          • use the Pepster App to send or upload anything that is (or might be considered to be) defamatory, offensive, obscene, containing or representing sexually explicit images and/or discriminatory (including but not limited to, in relation to race, gender, religious beliefs, sexual orientation or disability);
          • use the Pepster App for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
          • infringe our or anyone else’s Intellectual Property Rights (defined in clause 10.2(d)), for example, by using or uploading someone else’s image or content;
          • breach or attempt to breach the security of the Pepster App or the Pepster’s system security, or otherwise interfere with the normal function of the Pepster App, including by:
            • gaining or attempting to gain unauthorised access to Pepster Accounts, systems or data about other users of the Pepster App;
            • scanning, probing or testing the Pepster App for security vulnerabilities;
            • overload, flood, mailbomb, crash or submit a virus to the Pepster App or Pepster’s system; or
            • instigate or participate in a denial-of-service attack against the Pepster App or Pepster’s system;
          • deliberately disrupt the operation of anyone’s website, mobile application, server or business.
        • Pepster reserves the right to suspend or cancel your Pepster Account if you fail to comply with the Terms of this clause 4.
        • While we use reasonable efforts to make sure that the Pepster App is secure and accurate, we do not actively monitor or check at all times whether information supplied to us through the Pepster App is factual, exact, confidential, commercially sensitive or valuable.

BOOKING DATES ON THE PEPSTER APP

        • The Pepster App has a feature which allows users to meet other users and take then on dates (Pepster Date(s)) at designated venues (Dating Venue) on the Pepster App.
        • To participate, you must either:
          • Treat a user (i.e. you pay the entire bill of your Pepster Date with that user);
          • Dutch with a user (i.e. you and that user share and split the bill of your Pepster Date equally); and
          • Be sponsored by a user (i.e. they pay the entire bill of your Pepster Date with them)

via the Pepster App.

        • Pepster is not responsible for the outcomes of any Pepster Date interactions, including but not limited to relationships, connections, or personal experiences. Participants are solely responsible for their interactions and decisions dueting and after the Pepster Date.

IDENTITY VERIFICATION

        • When signing up for a Pepster Dating Account, we will require you to upload a copy of your valid photo ID to verify your identity.
        • We may also offer or require you to verify your details before you sign up for a Pepster Dating Account using our processes or an external identity verification service as applicable (Verification Service).
        • We will collect your personal information in accordance with our Privacy Policy which is accessible https://www.trypepster.com/privacy-notice/. Where a Verification Service is used, you acknowledge and agree that:
          • we may collect and share your personal information with a Verification Service to verify your details;
          • you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
        • You acknowledge and agree that:
          • we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Services will be accurate or guarantee that the Verification Service will ensure that you are a suitable user;
          • you should make your own inquiries as to other users’ identities before engaging in contracts with those users; and 
          • we do not endorse any user or Verification Service.
        • Pepster may refuse to provide you with a Pepster Dating Account or remove your Pepster Dating Account if you do not satisfy the Verification Service.
        • Pepster makes no representations or warranties as to the conduct or compatibility of its users.
        • You acknowledge and agree:
          • that you are solely responsible for your interaction with other users of the Pepster App;
          • that Pepster is not responsible for the conduct of other users on the Pepster App; and
          • to take all necessary precautions when interacting with other users, including when you choose to communicate with another user off the Pepster App and particularly if and when you meet another Pepster App user in person.

DISCLAIMER – SUCCESS NOT GUARANTEED

        • You acknowledge and agree that using the Pepster App or attending a Pepster Date does not guarantee success in finding a romantic partner or establishing a relationship. While the Pepster App provides tools and opportunities to connect with potential matches, the outcome of any interactions or relationships formed through the Pepster App is not guaranteed. The success of building meaningful connections depends on various factors, including personal compatibility, communication skills, shared interests, and individual circumstances.
        • By using the Pepster App, you acknowledge that the app’s effectiveness in facilitating connections is subject to individual interactions and external variables beyond our control. Users should prioritize their safety, well-being, and emotional health throughout their interactions on the Pepster App.
        • Please be aware that any decisions or actions taken based on use of the Pepster App are the sole responsibility of the users, and we cannot be held liable for the outcomes of these interactions.

FEES AND PAYMENT

    • free version

We offer a no cost plan which will allow you to access limited features of the Pepster App for free (Free Version). If you wish to access additional features of the Pepster App, including Pepster Date, you must book a Dating Venue and pay the fees, costs and charges in accordance with clauses 8.2 and 8.3 below.

    • payment for Booking
        1. You will be required to pay all costs and charges and inclusions, as well as the associated platform fee will be set out on the Pepster App at the time of booking the Dating Venue (Fees).
        2. All booking costs and charges must be paid upfront at the time of booking the Dating Venue via the Pepster App.
        3. The user booking the Dating Venue will be charged a nominal fee of £4.99 as platform fees at the time of making the booking. This platform fee is non-refundable.
    • NO right to cooling-off period
        1. By booking a Dating Venue via the Pepster App:
          1. you acknowledge that you lose your right to the 14-day cancellation period under the Consumer Rights Act 2015.
        2. While you may choose to cancel your Pepster Date in accordance with clause 9.1 at any point, clause 8.3(a) means that you are not entitled to a refund. However, you may still be entitled to a refund under the Consumer Rights Act 2015 for another reason, for example, if the Pepster App is faulty, or if your Pepster Date does not show up.
        3. Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015.
    • PAYMENT METHODS

We may use third-party payment providers (Payment Providers) to collect the Fees. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

    • vat

Unless otherwise indicated, the platform fee does not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing you a tax invoice.

    • changes to BOOKING fees

We reserve the right, from time to time, to change the platform fee. We will notify you in advance if we do this.

CANCELLATION

    • cancellation by you
        1. You are responsible for the cancellation of the Pepster Account. You can cancel your Pepster Account at any time by using the functionality provided on the Pepster App.
        2. You may terminate or cancel any Pepster Date by giving the Dating Venue a written notice atleast 4 (four) hours prior to the scheduled time of the Pepster Date. On such termination or cancellation, the Dating Venue will refund you the amounts paid towards booking the Dating Venue after deducting the platform fee.
        3. If you give less than 4 (four) hours of notice to the Dating Venue, you shall not be entitled to any refund. The Dating Venue will have the right to retain and forfeit the amounts paid towards booking the Dating Venue.
        4. You may be entitled to a refund or credits subject to the discretion of the concered Dating Venue, if the other user does not turn up for your Pepster Date.
        5. Pepster shall not be liable or responsible to pay you any sums or monies in the event of a no-show.
        6. Pepster reserves the right to suspend or remove a user from the Pepster App in the event they don’t show up for a Pepster Date on 3 or more occasions.
    • CANCELLATION BY US
        1. We may terminate or cancel your Pepster Account at any time without notice and without issuing a refund of the platform fee if you breach any provision of these Terms.
    • cancellation by the DATING VENUE
        1. The Dating Venue may cancel your Pepster Date by giving you atleast 4 (four) hours prior written notice. In case of such cancellation, you will be entitled to a full refund of the amounts paid towards booking the Dating Venue after deducting the platform fee.
    • effect of cancellation 

Upon cancellation or termination of your Pepster Account, we will delete any Posted Materials associated with your Pepster Account. You will not be able to recover any of this after cancellation or termination of your Pepster Account so we recommend you back up anything important to you. We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation or termination of your Pepster Account.

    • survival

Any clause that by its nature would reasonably be expected to be performed after the termination of these Terms will survive and be enforceable after such termination.

YOUR CONTENT

    • TYPES OF CONTENT

As part of using the Pepster App, you will be able to upload images, content, hobbies and interests, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the Pepster App, sharing content via the app on social media or by contacting us, or when you register a Pepster Account (Posted Materials).

    • POSTED MATERIALS

By providing or posting any Posted Materials, you represent and warrant that:

        1. you are authorised to provide the Posted Materials;
        2. the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any deceptive, offensive, obscene or explicit material;
        3. the Posted Materials are not “passing off” of any product or service and does not constitute unfair competition;
        4. the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);
        5. the Posted Materials are accurate and true at the time they are provided;
        6. any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
        7. the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
        8. the Posted Materials do not breach or infringe any applicable laws, regulations or orders.
    • POSTED MATERIALS – IP LICENCE

By uploading any Posted Materials, you grant to Pepster (and its agents, platform partners or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Pepster to use, exploit or otherwise enjoy the benefit of such Posted Material.

    • REMOVAL OF POSTED MATERIALS

We shall not have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

OUR CONTENT

        1. Unless we indicate otherwise, all materials used in the Pepster App (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
        2. You can only access and use these materials for the sole purpose of enabling you to use the Pepster App in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.

THIRD PARTIES

    • THIRD PARTY CONTENT

The Pepster App may contain text, images, data and other content provided by a third party (Third Party Content). We are not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

    • THIRD PARTY LINKS

The Pepster App may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

    • THIRD PARTY TERMS AND CONDITIONS

By using the Pepster App, or any other third party service, you acknowledge and agree that third party terms and conditions (Third Party Terms) may apply (including app store providers such as Apple and Google). You agree to any Third Party Terms applicable to any third party goods and services, and The Pepster will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

NOTICE REGARDING APPLE

If you are accessing the Pepster App from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

        1. these Terms are between you and Pepster and not with Apple. Apple is not responsible for the Pepster App or any content available on the Pepster App;
        2. Apple has no obligation whatsoever to furnish any maintenance and support services for the Pepster App;
        3. in the event of any failure of the Pepster to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Pepster App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Pepster App, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be the Pepster’s responsibility;
        4. Apple is not responsible for addressing any claims by you or any third party relating to the Pepster App, including, but not limited to:
          • product liability claims;
          • any claim that the Pepster App fails to conform to any applicable legal or regulatory requirement; and
          • claims arising under consumer protection, privacy, or similar legislation;
        5. in the event of any third party claim that the Pepster App or your use of the Pepster App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
        6. that you represent and warrant that:
          • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
          • you are not listed on any U.S. Government list of prohibited or restricted parties;
        7. you must comply with applicable third party terms of agreement when using the Pepster App; and
        8. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

OPERATION OF THE PEPSTER APP DEPENDENT ON THIRD PARTIES

You acknowledge that the Pepster App are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the Pepster App can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

SERVICE LIMITATIONS

The Pepster App are made available to you strictly on an ‘as is’ basis. We do not guarantee, and make no warranties, to the extent permitted by law, that:

        1. the Pepster App will be free from errors or defects;
        2. the Pepster App will be accessible or available at all times;
        3. messages, if any, sent through the Pepster App will be delivered promptly, or delivered at all;
        4. information you receive or supply through the Pepster App will be secure or confidential; or
        5. any information provided through the Pepster App is accurate or true.

SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Pepster App. You should take your own precautions to ensure that the process which you employ for accessing the Pepster App does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

LIABILITY

        1. Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
        2. To the maximum extent permitted by applicable law, the Pepster limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Pepster App to £100 in aggregate. This includes the transmission of any computer virus.
        3. You agree to indemnify the Pepster and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Pepster App and/or breach of these Terms.
        4. All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.
        5. To the maximum extent permitted by law, under no circumstances will the Pepster be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Pepster App, these Terms or their subject matter (except to the extent this liability cannot be excluded under applicable law).
        6. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

PRIVACY AND DATA PROTECTION

    • privacy

Protecting your personal information is important to us. Our Privacy Policy, which is available at https://www.trypepster.com/privacy-notice/, explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

    • data protection
        • Words and phrases in this clause shall have the meaning given to them by applicable data protection and privacy laws, including the General Data Protection Regulation 2016/679 (GDPR) and applicable national legislation that implements or supplements the GDPR or otherwise applies to data protection and privacy, and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated (Data Protection Legislation) and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.
        • During and after the use of the Pepster App, you agree that Pepster will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:
          1. Pepster providing the Pepster App and associated services under these Terms;
          2. Pepster may process personal data concerning its other users, clients and contacts in other ways for its own business purposes;
          3. Pepster may process and transfer personal data as necessary to effect a re-organisation of its business; and
          4. Pepster may share personal data with other legal or professional advisers used by us to provide us with legal or professional services.
        • Pepster shall not use your contact details or personal data to send marketing materials or other publications or sell, share or disclose your personal data or contact details with third parties or affiliates for marketing, advertising or promotional purposes.
        • During and after the use of the Pepster App, there may be limited occasions where Pepster may process on your behalf as a processor any personal data you have provided to Pepster. Pepster will advise you in writing where Pepster believes it may act as a processor and any such processing shall be in accordance with, and subject to, your instructions.
        • Before performing the processing, Pepster shall document within the instructions the subject matter and duration of the processing, the nature and purpose of the processing, the types of personal data and categories of data subjects and the other terms prescribed by the Data Protection Legislation. Pepster will ensure that all appropriate technical and organisational measures are taken to protect any personal data supplied by you to Pepster against unauthorised or unlawful processing, accidental loss, destruction or damage, including when Pepster subcontract any processing (for example, in the case of external storage of data).
        • Your instructions are taken to include the use by Pepster, where appropriate, of independent contractors and third party suppliers appointed by us for functions such as data and file storage, back-up, destruction, legal processing and the like, in accordance with the foregoing.
        • By accepting this agreement you give positive consent for Pepster to obtain, store and process information about you as described in the preceding paragraphs. You agree that where necessary you will have satisfied relevant statutory ground under the Data Protection Legislation in connection with the above-described categories of processing, before providing Pepster with personal data. It is also a term of this agreement that any personal data supplied by Pepster to you about any third parties may only be used for the express purposes for which that information is provided to you.
        • Each party shall comply with the terms of the Data Protection Legislation.

LOCATION DATA

        • The Pepster App makes use of functionalities on your device that can pinpoint your location.
        • When you open the Pepster App for the first time, you will be asked whether the Pepster App can use your location and in what circumstances.
        • If you refused to authorise the location services the first time you opened the Pepster App, but change your mind later on, you can still update your choices at any time in the the Pepster App settings. Conversely, you can also turn the location services off at any time, but please note that if you do choose to do so, you may not be able to use the Pepster App.
        • All location data is processed pursuant to our Privacy Policy (see clause 18 above).

UPDATES TO THE PEPSTER APP

        • We may update the Pepster App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the Pepster App still meets the description of it that was provided to you at the time you downloaded the Pepster App.
        • Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the Pepster App Store.
        • We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the Pepster App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the Pepster App updated to the latest version that we make available.

DISPUTE RESOLUTION

        • A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
        • A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
        • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 30 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

NOTICES

        • A notice or other communication to a party under this agreement must be:
          1. in writing and in English; and
          2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
        • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
          1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
          2. when replied to by the other party,

whichever is earlier.

GENERAL

    • GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales 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 or its subject matter or formation.

    • third party rights

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

    • WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    • SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

    • JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    • ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

    • COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

    • ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

    • INTERPRETATION
        1. (singular and plural) words in the singular includes the plural (and vice versa);
        2. (gender) words indicating a gender includes the corresponding words of any other gender;
        3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
        4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
        5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
        6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
        7. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
        8. (includes) the word “includes” and similar words in any form is not a word of limitation;
        9. (written or in writing) includes communication via email; and
        10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

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