Terms and Conditions

These are the terms and conditions on which Psychic Spies runs and supply our products to you.

 

This website is operated by PSYCHIC SPIES (“we”, “us”,“our”). PSYCHIC SPIES offers this website (“the Site”), including all information, tools and services available
from this site to you the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including all terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/or contributors of content.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to. check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. We may revise these terms and conditions
without notice by posting revised terms and conditions of sale on our website.

1. WHO WE ARE AND HOW TO CONTACT US

1.1.                Who we are. We are Psychic Spies ApS – a company incorporated
and organized in Copenhagen, Denmark. Our principal place of business is at
Sejrøgade 1, 2100 København Ø, Copenhagen, Denmark.

1.2.                How to contact us. You can contact us at www.psychicspies.com/contact
or by contacting us at the address above.

1.3.                How we may contact you. If we have to contact you, we will
send an email to the email address you provided to us in your last order.

2. ELIGIBILITY

2.1.                By using this Site, you confirm that your are at least 18
years of age, or using the Site with the consent of a parent or legal guardian.
We reserve the right to refuse service to anyone for any reason at any time.

2.2.                You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Services, violate any laws in your
jurisdiction (including but not limited to copyright laws)

2.3.                A breach or violation of any of the Terms will result in an
immediate termination of your Services.

3. GENERAL CONDITIONS

3.1.                We reserve the right to refuse service to anyone for any
reason at any time

3.2.                You understand that your content (not including your credit
card information), may be transferred unencrypted and involved (a)
transmissions over the various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.

3.3.                You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is provided,
without express written permission by us.

3.4.                The division of the Terms in this agreement are made for
convenience only and will not limit or otherwise affect these terms.

4. ORDERING

4.1.                Your order is an offer from you to us to buy the product(s)
in your basket. After you place an order, you will receive an email from us
confirming we have received it. Our official acceptance of your order takes
place when we email you to confirm we’ve dispatched your product(s). It’s at
this point that a contract will come into existence between you and us. When we
acknowledge your order, we’ll also confirm your order number. If you need to
contact us about your order, you should quote this number.

4.2.                In the unlikely event that we’re unable to fulfil your order
(e.g. because the product is out of stock, we haven’t been able to verify the
billing information you’ve provided, or you have requested delivery to a
country that we do not currently ship to, or there has been an error in the
pricing or description of the product), we’ll let you know by email and we
won’t charge you for the product

4.3.                We provide our products for your personal use only. We may
cancel an order if we notice something unusual or suspect that our products are
being exploited for any commercial, business or re-sale purpose. If this
happens to you and you think we’ve made a mistake, get in touch with our
customer service team through our online form at www.psychicspies.com/contact

4.4.                We may have to suspend the supply of a product to you to:

4.4.1.           deal with technical problems or make minor technical changes;

4.4.2.           
pdate the product to reflect changes in relevant laws and
regulatory requirements; and/or

4.4.3.           make changes to the product as notified by us to you.

5. INFORMATION

5.1.                We are not responsible if information made available on this
site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of informations. Any reliance on the
material on this site is at your own risk. This site may contain certain
historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.

6. OUR PRODUCTS

6.1.                We provide musical recordings in form of direct downloads and
various forms of merchandise.

6.2.                The pictures of our products (and packaging) on our website
and on our app are for illustrative purposes only. We work to ensure that
colors are displayed accurately but we can’t guarantee that a device’s display
of the colors exactly reflects those of our products.

7. DELIVERY

7.1.                Psychic Spies delivers worldwide directly from various
vendors. We provide tracking
for all DK and international orders which will provide confirmation of delivery
once our courier partner has delivered the parcel.

7.2.                Order can only be delivered to the address provided at
checkout, so please make sure this is correct before making a purchase. Out
warehouse team usually begin processing orders immediately, which unfortunately
means we are rarely able to make any changes to an order. If you have made a
mistake with your shipping address please contact us via the contact formula at
www.pscyhicspies.com/contact. Include the correct
shipping address in your message. Our team will let you know, if changes to the
delivery address will be possible or not. Please be aware that we cannot be
held responsible for any missing or delayed parcels that are a result of an incorrect
address being provided.

7.3.                If there is any form of issue with an order, parcel or
delivery, it is vital that you contact us within 30 days of the order date so
that we can effectively address the situation. Outside of this period,
unfortunately, we are unable to assist with any issues relating to the order.

7.4.                Should an order be “returned to sender” after any sort of
failed delivery attempts, including incorrectly provided delivery addresses or
unclaimed parcels, please note the courier redirection services can sometimes
take several months to proceed and we cannot be held responsible for any
missing or delayed parcels that are a result of this.

7.4.1.           If a “return to sender” parcel is successfully received at
our premises by our team, the order will automatically be refunded minus anu
original postage payment. If an order was applicable for Free Delivery, our
original postage costs will be deducted from the order total to cover these
costs.

7.4.2.           If an item returned to us has since been discontinued or is
no longer in stock on our website, we will get in touch with the customer
immediately to arrange for this order to be sent back out to them, for which
they will be charged a second postage fee. Please note, that if we do not hear
back about the returned order to arrange redelivery, we will only be able to
hold these items for a maximum of 30 days.

7.4.3.           If your parcel is being “returned to sender”, it is important
you get in touch with us at www.psychicspies.com/contact immediately to make us
aware of this.

7.5.                The risk of loss for products purchased from us passes to you
upon our delivery to the carrier. Title for products purchased from us
transfers to you upon payment for the products.

7.6.                If delivery of the products to you is delayed by an event
outside of our control (e.g. because of postal/courier delays, logistics or bad
weather), we’ll let you know as soon as possible. If there is a risk of
substantial delay, you can contact us to cancel your order an we’ll refund you
for any products to be delivered to you.

7.7.                If no one is able to take the delivery and the products
cannot be posted through your letterbox, the courier will notify you of the
delivery attempt and tell you how to rearrange delivery or collection of the
products.

8. CUSTOMS AND DUTY

8.1.                We ship our packages DDU (Duties Delivered Unpaid), so if an
order is being delivered to an address outside of the country of the vendor
wherefrom the product is shipped, additional import fees may need to be paid in
order to release your parcel.

8.2.                We cannot be responsible for any additional import charges
charged by your country’s import laws, and those are the responsibility of you
as the costumer.

8.3.                If these fees aren’t paid by the customer and the order is
safely returned to us, whereafter you will be refunded the original order
amount minus postage fees and any additional duty and handling fees incurred.

8.4.                There is an additional non-refundable processing fee of €2.49
charged per item for unclaimed orders returned to us.

8.5.                Please note that we cannot be held responsible for any
missing parcels deliveries back to us that are a result of rejected parcels or
failed customs and taxes payment attempts.

9. PRODUCT ISSUE OR DAMAGE

9.1.                On the rare occasion that there is ever any sort of issue,
factory fault or damage found on an item, you must get in touch as soon as you
receive the product to inform us so we can evaluate the issue and find a
suitable resolution. If you do not get in touch immediately before the item has
been worn, we are unable to take responsibility for any damage that may occur.

10. RETURNS     

          
10.1.             You have up to 14 days upon receiving the item to return all
EU orders purchased on www.psychicspies.com. Please see below for exceptions/non-returnable items.

10.2.             You have up to 21 days upon receiving the item to return all
international orders (orders returned outside of the EU) purchased on www.psychicspies.com. Please ensure you request your
return within 14 days of receiving your order to ensure that your parcel
reaches us within 21 days return period.

10.3.             In order for us to accept a return, your item must be
returned to us in its original and unworn condition with all tags attached (if
applicable). Inside your return parcel please include a note with your order
number, so the team can identify your order

10.4.             All postage for returns is the responsibility of the
customer. Please send all return parcels via tracked mail as we cannot be held
responsible for any lost items.

10.5.             To start a return for your order, you can use our new returns
portal below.

10.6.             For international returns please ensure the parcel is marked
as “returned goods” on any necessary customs or postal forms. Failure to do so
may delay the issue of any refund, or result in the shipment being returned.
Additionally, any duties incurred due to incorrect customs declarations will be
deducted from the refund due.

10.7.             After a return or exchange has been requested and any item(s)
has been returned to us, you will receive a refund notification via email
within 0 days of the return parcel being received, checked and confirmed as
applicable for a refund. This will confirm a refund has been issued. Please
note, refunds may take up to 5-10 days to process. This is out of our control
and is dependent on the original payment method used.

10.8.             Customers are able to pay for their order at www.psychicspies.com in their selected chosen currency.
Please note, refunds are processed in EUR (€) so the final amount paid out may
show in selected currency as varying from the original payment amount. This is
out of our control and is only applicable if the conversion rate has altered
during the period between the refund and the original payment date.

10.9.             If you have any queries regarding whether an item on our
website is eligible for a return, please contact us at www.psychicspies.com/contact before purchasing.
Unfortunately, we cannot accept returns or refunds on any immaterial product
delivered via direct download.

10.10.          Additionally, we cannot accept returns or refunds on sale
items.

10.11.          Requests for either a return or exchange that are made
outside of the given timeframe will not be accepted. Should such a request be
made due to a product fault, the final decision will be at the sole discretion
of the team. If an exception is made under these terms, we will only ever be
able to offer an exchange for the same product or store credit to the value of
the item(s) in question.

10.12.          On the rare occasion that there is ever any sort of issue,
factory fault or damage found on an item, you must get in touch as soon as you
receive the product to inform us so we can evaluate the issue and find a
suitable resolution. If you do not get in touch immediately before the item has
been worn, we are unable to take responsibility for any damages or faults that
may occur.

11. YOUR RIGHTS

11.1.             If what you have bought is faulty or differs substantially
from how it is described on our website you may have a legal right to get the
product replaced or to be given a refund. In this case, the return will be free
within the EU provided you return the product to us within 30 days from the day
you receive it.

11.2.             If you want to end the contract because of one of the reasons
set out below, the contract will end immediately, we will refund you in full
for any products which you have paid for but which have not been supplied to
you. The reasons are:

11.2.1.        we have told you about an upcoming change to the product or
these terms which you do not agree to;

11.2.2.        we have told you about an error in the price or description
of the product you have orders, and you do not wish to proceed;

11.2.3.        We have told you that supply of the products may be
significantly delayed because of events outside of our control;

11.2.4.        we have suspended supply of the products for technical
reasons, or notify you we are going to suspend them for technical reasons, in
each case for a period of more than four weeks; or

11.2.5.        you have a legal right to end the contract because of
something we have done wrong

11.3.             If you have changed your mind about the product, we offer a
goodwill guarantee, which gives you 14 days from the day you (or someone you
nominate) receives the products to change your mind.

11.3.1.        If your products are split into several deliveries over
different days, you have until 14 days after the day you (or someone you
nominate) receives the last delivery to change your mind. In either case, you
will need to pay the cost of the return. Please note that some products can’t
be returned as mentioned in pts. 10.9-10.10.

12. OUR RIGHTS TO END THE CONTRACT

12.1.             We may end the contract for a product at any time by writing
to you if:

12.1.1.        you do not, within a reasonable time of us asking for it,
provide us with information that is necessary for us to provide the products,
for example, the address for delivery; or

12.1.2.        you do not, within a reasonable time, allow us to deliver the
products to you.

12.2.             If we end the contract in the situations set out in clause
12.1, we will refund any money you have paid to us for products we have not
provided.

13. PRICE AND PAYMENT

13.1.             The price of the product before checkout are inclusive of any
applicable Sales Tax. The amount of Sales Tax chargeable will be confirmed at
checkout based on your delivery address. We take care to ensure that the price
of the product advised to you is correct. However, please see clause 13.4 for
what happens if we discover an error in the price of the product you order. We offer alternative payment options
with Klarna and Afterpay US, Inc.

13.2.             Sometimes we need to make changes to the price of some of our
products. When this happens, we’ll update the prices on our website. If you
placed tour order for a product before the price change, the price will be as
stated on our website at the time when you placed your order.

13.3.             It is always possible that, despite our best efforts, some of
the products we sell may be incorrectly priced. We will normally check prices
before accepting your order so that, if the product’s correct price at your
order date is less than our stated price at your order date, we will charge the
lower amount. If we accept and process your order where a pricing error is
obvious and unmistakeable and could reasonably have been recognized by you as a
mispricing, we may end the contract, refund you any sums you have paid and
require the return of any products provided to you.

13.4.             We accept payment by Visa,
Mastercard, Paypal and Apple Pay. We will not charge you until we
dispatch the products to you, although the price is payable by you for the
products may appear as pending transactions against the payment method you use.

14. DISCOUNT CODES

14.1.             From time to time we will release discount codes (“Codes”)
via email or other marketing channels. These codes will allow a discount to be
applied to a new order at the www.psychicspies.com store. To apply a Code please enter it (and remember
to click “apply”) where specified during the checkout process.

14.2.             Please note:

14.2.1.        Codes are valid for a limited time period of time as
specified in the relevant email or marketing communication, they cannot be used
outside of that time period.

14.2.2.        Save as expressly stated in the relevant email or marketing
communication, Codes are only valid on full-priced items and cannot be used on
sale, outlet or promotional items, or to purchase gift cards.

14.2.3.        Only one code can be applied per order. Codes cannot be used
in conjunction with any other offer and are not available for staff of Psychic
Spies.

14.2.4.        Codes are territory/store specific, cannot be exchanged for
cash and are non-transferable.

14.2.5.        Codes cannot be applied towards delivery charges.

14.2.6.        Returned items will be refunded at the discounted price paid
(the discount applied between the goods proportionately). Where a qualifying
spend is noted in relation to use of a Code, if items purchased using that Code
are later returned to us which brings the amount spent below any qualifying
level, the offer value may be deducted from any refund. This does not affect
your statutory rights. A discount will not be applied to items subsequently
replaced.

14.2.7.        Orders are subject to stock availability and acceptance by
us. We reserve the right to decline to accept orders where, in our reasonable
opinion, a Code is invalid for the order being placed or is the subject of
improper use or fraudulent activity.

14.2.8.        We reserve the right to withdraw, amend or extend offers at
any time on reasonable notice.

14.3.             For specific information relevant to that Code, please refer
to the email or marketing communication on which it is featured.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

15.1.             If we fail to comply with these terms, we are responsible for
loss or damage you suffer that is a foreseeable result of our breaking this
contract 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 only if either it is obvious that it will happen or if, at the time
the contract was made, both we and you knew it might happen.

15.2.             We are not responsible to be liable to you for any damage or
loss. This excludes liability for consequential, special, incidental, or
indirect damages, including without limitation for any lost profits or lost
data, in connection with or arising under the contract, or for the performance
of the products, even if we have been advised of the possibility of such
damages.

15.3.             If we are found to be liable to you for any damage or loss
our liability shall not exceed EUR (€) 100. This limit would apply to any
liability which is in any way connected with or arising out of the contract or
our products or your use of the website.

15.4.             We do not exclude or limit in any way our liability to you
where it would be unlawful to do so. This includes liability for death or
personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors; for fraud or fraudulent misrepresentation; for breach
of your legal rights in relation to the products (including the right to
receive products which are; as described and match information we provided to
you; of satisfactory quality; fit for any particular purpose made known to us;
and supplied with reasonable skill and care), and for defective products. Some
jurisdictions do not permit certain limitations or exclusions on liabilities,
legal warranties and remedies, so these exclusions/limitations in this section
14 may not apply.

15.5.             We are not liable for business losses. We only supply the
products for private use. If you use the products for any commercial, business
or re-sale purpose we will have no liability to you for any loss of profit,
loss of business, business interruption, or loss of business opportunity.

16. INDEMNIFICATION

16.1.            You agree to indemnify, defend
and hold harmless Psychic Spies and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of a
third-party.

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1.             We will only use your personal informations as set out in our
Privacy Notice. You can read it here.

18. OTHER IMPORTANT TERMS

18.1.             We may transfer our rights and obligations under these terms
to another organization. We will contact you to let you know if we plan to do
this. If you are unhappy with the transfer, you may contact us to end the
contract within seven days of us telling you about it and we will refund you
any payments you have made in advance for products not provided.

18.2.             You may only transfer your rights or your obligations under
these Terms to another person if we agree to this in writing.

18.3.             This contract is between you and us. No other person shall
have any rights to enforce any of its items.

18.4.             We may make changes to these terms at any time to reflect
changes in the law or for any other reason. The most up-to-date version of our
terms will always be displayed on our website so please have a look before
placing an order for our products to ensure you know about any changes which
may have been made since your last visit to our website.

18.5.             Each of the paragraphs of these terms operates separately. If
any court or relevant authority decides that any of them are unlawful, the
remaining paragraphs will remain in full force and effect.

18.6.             If we do not insist immediately that you do anything you are
required to do under these terms, or if we delay in taking steps against you in
respect of tour breaking this contract, that will not mean that you do not have
to do those things and it will not prevent us taking steps against you at a
later date.

18.7.             These Terms and any dispute that may arise from them are
governed by Danish law. The United Nations Convention on the Contracts of the
International Sale of Goods (CISG) does not apply.

19. ARBITRATION; WAIVER OF CLASS ACTION CLAIMS

READ THIS
SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING
YOUR RIGHT TO FILE SUIT IN COURT.

 

19.1.             If you live in the United States, you agree that any and all
claims, disputes, controversies, actions or proceedings (collectively the
“Claims”) relating to, or arising out of, the creation, production,
manufacture, distribution, promotion, marketing, advertising (including oral
and written statements), us of or sale of any and all of our products, through
all merchandising channels, including but not limited to, the internet, this
website, social media, telephone, catalog, radio, television, mobile device and
participating retail stores (collectively the “Sites”), shall be resolved
exclusively by final and binding arbitration administered by the American
Arbitration Association (“AAA”).

19.2.             Before commencing any arbitration, you must give us notice of
any claims, in writing. This notice should include: (i) the legal claims being
asserted and the factual bases of those claims and (ii) a good faith
description of the remedy sought including any related accurate calculation. We
and you may then attempt with good faith efforts to resolve the claim. If the
dispute is not resolved within 30 days, you may demand an arbitration pursuant
to the terms below.

19.3.             You agree that: (i) the arbitration shall be conducted before
a single arbitrator pursuant to the applicable Rules and Procedures established
by the AAA and the subject to the Federal Arbitration Act, 9 U.S.C. § 1 et
seq.; (ii) the arbitration shall be held virtually unless the parties agree or
the arbitrator determines otherwise; (iii) each party shall bear their own
attorneys’ fees and costs in arbitration, in each case unless the arbitrator
finds that the relief sought was frivolous (iv) subject to clause 14.4, your
responsibility to pay any AAA fees and costs will be solely pursuant to the
Rules and Procedures of the AAA (v) the arbitrator shall have the authority to
award actual direct damages only with no authority to issue any fines and
penalties nor award punitive damages or equitable relief; (vi) THERE SHALL BE
NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and
(vii) your claim shall be arbitrated on an individual basis, and that you shall
not have the right to participate in a representative capacity, or as a member
of any class of claimants pertaining to any claims subject to arbitration, and
that the arbitrator shall have no authority to consolidate or join the claims
of other persons or parties who may be similarly situated and may only resolve
claims, and render awards between you and us alone. With the exception subpart
(viii) above, if any part of this arbitration provision is deemed invalid,
unenforceable or illegal, or otherwise conflicts with the Rules and Procedures
of the AAA, then same shall be stricken and the balance of this arbitration
provision shall remain in effect and construed accordingly. If subpart (ix) is
invalidated, there shall be no right to arbitration of claims of any class or
collective basis, but instead any attempt to assert claims on a class or
collective basis of any kind must be pursued in a court of competent
jurisdiction. For more information on the AAA and its Rules and Procedures, you
may visit the AAA website at //www.adr.org. The arbitration shall be strictly
confidential.

19.4.             Psychic Spies may serve you with a written ‘final offer’
settlement at least 14 days before the arbitration date. If the final award
does not exceed that offer, in addition to your own attorney fees and costs you
shall also reimburse Psychic Spies for any AAA fees (including any arbitrator
costs) incurred after such date.

19.5.             You may have the right to opt-our and not be bound by these
arbitration provisions by sending written notice of your decision to opt-out
through the contact formula at www.psychicspies.com/contact.

19.6.             You must provide your name, address, email that is associated
with your Psychic Spies account if there is one, and a clear statement that you
want to opt out of this arbitration provision, within the later of 30 days
after your first use of the Sites, or within 30 days of substantive changes, if
any, being made to these Terms and Conditions, otherwise you shall be bound to
arbitrate any disputes, claims, or controversies in accordance with the terms
of this section. If you do not affirmatively elect to opt out as described
above, your use of the Site will be deemed to be your irrevocable acceptance of
these Terms and Conditions and any changes/updates to this section or
otherwise.

19.7.             If any clause within these arbitration provisions is found to
be illegal or unenforceable, that specific clause will be severed from these
arbitration provisions, and the remainder of the arbitration provisions will be
given full force and effect. In the event some or all of these arbitration
provisions are determined to be unenforceable for any reason, or if a claim,
dispute, or controversy is brought that is found by a court to be excluded from
the scope of these arbitration provisions, you and Psychic Spies agree to
waive, to the fullest extent allowed by law, any trial by jury.

19.8.             To increase efficiency of arbitrations, Psychic Spies and you
agree that in the event that there are fifty (50) or more individual requests
of a substantially similar nature filed against Psychic Spies or with the
assistance of the same law firm (or group thereof) within a forty-five (45) day
period, the AAA shall group the arbitration demands and provide a single,
consolidated resolution via one arbitrator. It is acknowledged and agreed that
only one set of filing and administrative fees shall be due for each group of
arbitration demands.



‘Substantially similar nature’ shall mean if the demand arises out of or in
connection with the same event or factual scenario and raises the same legal
issues. To the extent the parties do not agree that these terms relating to
group arbitration apply, the disagreeing party shall advise the AAA and the AAA
shall have to determine the applicability.

20. CLASS ACTION WAIVER

READ THIS
SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

 

20.1.             You agree that, except for the group arbitration clause above
or otherwise prohibited by law, you and Psychic Spies will resolve any
disputes, claims or controversies on an individual basis, and that claim(s), if
any, brought under these Terms and Conditions in connection with the site will
be brought in an individual capacity, and not on behalf of, or as part of, any
purported class, consolidated, or representative proceeding. You and Psychic
Spies further agree that you shall not participate in any consolidated, class
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20.2.             The terms of this provision will also apply to any claims
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any such claims arise out of your access to, and/or use of the Site, and/or the
provision of content, services and/or technology on or through the Site.

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