Terms and Conditions - The Brotherhood Programme
1.2 FOR U.S. CUSTOMERS ONLY: These Terms and Conditions include an agreement to mandatory arbitration, which means that Customers agree to submit most disputes related to the Programme, this Site, the use of our services, or these Terms and Conditions to binding arbitration rather than proceeding in court. Customers may opt-out of this mandatory arbitration agreement only by following the procedures below (Section 11). These terms also include a waiver of any class action or jury trial.
1.3 The Programme is an international initiative relating to the purchases made online at https://www.cpcompany.com (the 'Site') in Switzerland, the United Kingdom, France, the Netherlands, Germany, Italy (including the territory of San Marino and the Vatican City), and the United States (the 'Territory').
It should be noted, in this regard, that the products purchased on the Site are sold, upon express authorisation of the Company, by Diana E-Commerce Corporation S.r.l., a company with sole quotaholder, with registered office in Via San Daniele n. 137/139, 35038 Torreglia (PD), Italy, Italian Tax Code and VAT number 05097740285 and registered with the Register of the Companies of Padua under no. 442830.
1.4 The Programme is addressed at customers registered in the Territory (the "Customers" or "Members") and allows the latter, on the basis of the purchases made exclusively through the Site, to collect points and, depending on the levels reached, to benefit from the rewards and promotions, that include personalised offers and discounts (for redemption in connection with online purchases only), as governed by these Terms and Conditions.
2.1 Only persons that have reached the age of majority according to the laws of their respective country of residence or domicile in the Territory (by way of example, as far as Italy is concerned, people above 18) may register to the Programme. By enrolling in the Programme, the Customer confirms that he/she meets these eligibility requirements. Registration is personal, non-transferable and confidential, with the express exclusion of any legal entity or for business or professional activities.
2.2 Membership of the Programme is free of charge and no prior purchase of products is required to become a Member.
2.3 It is nonetheless necessary that customers are registered to the Site (accessible at the following link https://www.cpcompany.com/login/) in order to join and participate in the Programme. In the event that the Customer is not registered with the Site, it will not be possible to proceed with enrolment in the Programme and, consequently, with the accrual of points as well as the receipt of level-related benefits under these Terms and Conditions.
2.5 When registering to the Site, the user agrees to provide only true,accurate and complete information and to keep such information up to date at all times (by accessing the respective personal area should any changes be needed, with the sole exception of his/her date of birth). Incorrect or incomplete provision of registration details, as well as any failure to update the relevant information, will prevent the Customer's enrolment in the Programme, the accrual of points as well as the possibility to benefit from the applicable rewards.
2.6 In the event of misuse by the Customer, or in the event of untrue data, the Company reserves the right not to accept a Site and/or Programme registration request.
2.7 Upon successful Programme registration, the Customer will receive a welcome e-mail acknowledging the registration above and containing:
ꟷ the main information about the Programme;
ꟷ details relating to the registration status and the relevant applicable rewards;
2.8 The Customer is responsible for all activities conducted via the membership account in this Programme. This means that the Customer is obliged to do his/her best to keep his/her access data, such as e-mail address and password, safe. Should the security of the password or the account be jeopardised, the Customer must change the relevant password as soon as possible and notify the customer service team right away of any suspected loss, theft, or unauthorized use of the Customer’s account or account password at the following address firstname.lastname@example.org.
3.1 Each Customer registered in the Programme, for any purchase made through the Site in the Territory, will receive one point for each Euro spent, to be rounded up. By way of example, if the amount spent by the Customer on the Site is equal to Euro 100.30, the Customer will accrue 101 points.
The Programme is structured on several levels. In fact, while the first level (Member Level) is reached by registering for free in the Programme, subsequent levels can be reached by each Customer after reaching a certain points threshold, namely:
- Member Level: 0 - 500 points
- Mate Level: 501 - 1500 points
- Insider Level: 1501 - 2500 points
- Ambassador Level: >2501 points
Depending on the level reached, each Customer may benefit from the following rewards, applicable only to subsequent purchases made through the Site (the Customer is expressly excluded from benefiting from the rewards listed below with respect to purchases made at the Company’s brick and mortar retail locations):
- Member Level (0 - 500 points)
- Welcome gift upon registration, consisting of a 10% discount to be used in a subsequent purchase on the Site;
- Birthday gift, consisting of a 10% discount to be used in a subsequent purchase on the Site, as detailed under Section 3.5 below;
- Reserved access to private sales.
- Mate Level (501 - 1500 points)
- All rewards granted to Customers belonging to the "Member Level";
- Free return of products following the Customer's exercise of his/her right of withdrawal;
- Invitations to special events.
- Insider Level (1501 - 2500 points)
- All rewards granted to Customers belonging to the "Member Level" and "Mate Level";
- Early collab access (special collaborations);
- Early season product access (limited editions);
- Talk with us (invitations to periodic meetings and workshops held by C.P. Company).
- Ambassador Level (>2501 points)
- All rewards granted to Customers belonging to the "Member Level", "Mate Level" and "Insider Level";
- Priority customer care, via WhatsApp;Collection storytelling (access to special content illustrating the brand and its collections);
- Private visit to the MASSIMO OSTI archive located in Bologna, Italy (travel to and lodging in Bologna, Italy is not included).
3.4 Once a status level is reached, the Customer may continue to benefit from the applicable tiered rewards on an on-going basis (with the exception of rewards that are offered on a one-time or annual basis), until the next status level is achieved.
1.5 The above-referenced Birthday Gift shall consist of a discount code, valid on a single purchase through the Site, to be received by the customer approximately seven (7) days prior to the Customer's birthday. The code will remain valid for a period of 6 months after such receipt, or until it is used by the Customer, whichever is sooner. Please note that:
ꟷ Birthday Gifts and Welcome Gifts may not be combined, either together or with other discounts and promotions, in a single transaction;
ꟷ It is not possible to use the discount provided through the Birthday Gift or Welcome Gift for the purchase of spare parts, masks and items made with custom colours;
ꟷ It is not possible to change the date of birth after registration on the Site.
3.6 The points balance, as well as the respective levels, will be updated following any and all purchases made. Specifically, the points balance is made up of two separate entries, as follows:
1. the account balance, meaning the total balance of points accrued and accruable on the basis of the last purchase made. Accumulated points accrue, and become available, thirty (30) days following each qualifying purchase. In the event qualifying products are returned to the Company, all points accrued in connection with the purchase of such product(s) will be deducted from the account balance and will not become available, or count toward the Customer’s accrual of benefits under the Programme. The return of an item(s) will therefore result in the deduction of the points previously earned for the purchase of such item(s);
2. the available balance, meaning the balance of points that the Customer may use, in full, in order to benefit from the rewards under this Programme.
3.7 Your balance can be checked at any time in your account. Please note that:
ꟷ It is not possible to accrue points for purchases made before registering in the Programme;
ꟷ The amount of shipping costs for online purchases will not grant any point accrual;
ꟷ Any points accrued by the same Customer with different identification profiles, even if they belong to the same person, cannot be added together.
3.8 To obtain points, the Customers must log in to their personal account before making any purchases. Any purchases made on the Site as a guest (i.e., without any registration as a Member) will not entitle you to the accrual of points or the ability to take advantage of the benefits applicable to the relevant membership level.
3.9 The Programme shall have an indefinite duration except for any revocation or cancellation that will be duly communicated in the forms required by the applicable regulations.
3.10 Joining the Programme will also allow customers to participate in all initiatives and/or prize events and promotions that the Company reserves the right to launch during the Programme. Separate and specific terms and conditions may govern the participation in the aforementioned initiatives and prize events.
4.1 The Customer has the right to exercise its right to withdraw from these Terms and Conditions at any time, without incurring any costs, by contacting the customer service at email@example.com.
4.2 The exercise of the aforementioned right of withdrawal by the Customer will imply the cancellation of the membership and, therefore, he/she will not be able to benefit from the rewards granted to the Members of this Programme.
4.3 In the event of cancellation, all points accrued up to such cancellation will be deleted.
5.1 This Programme requires that the Customer complies with these Terms and Conditions and behaves in good faith and fairness vis-à-vis the Company. It follows that the Company reserves the right to suspend the membership of the Programme or permanently disable such participation and, where appropriate, cancel any benefits acquired as well as any orders previously placed and not yet fulfilled, in the event of abuse by the Customer in the use of the Programme and/or vis-à-vis the Company and/or of failure to comply with these Terms and Conditions. The Company shall proceed with the suspension and/or deactivation and cancellation referred to above after having notified the Client, by email at the address provided during registration and on the Site at the dedicated Programme page, in particular in the following cases:
• failure to meet Programme eligibility criteria;
• deception, forgery, fraud, theft, or any other abuse or attempted abuse of the Programme;
• in case of misuse and/or deception of the Programme;
• actions aimed at disrupting the proper functioning of the Site and/or the Programme;
• purchases in excessively large numbers over the course of a single day and/or several days that suggest an intention to resell and/or make a profit through the purchases of the Company's products;
• suspected registration of a new account by a previously suspended customer;
• more generally, in the event of non-compliance with these Terms and Conditions, or any other applicable law or regulation.
5.2 If the Customer's access has been suspended or an order has been cancelled and the Customer believes that the suspension was in error, he/she may contact the customer service at the following address firstname.lastname@example.org.
4.1 The Company reserves the right to make changes to these Terms and Conditions from time to time and will inform the Customer of any of such changes in the following ways: by e-mail to the address provided during registration and on the Site on the page dedicated to the Programme.
In any event, the Company will consider the reasonable interests of the Customers before making such changes. The reasons that may make such changes to the provisions of these Terms and Conditions necessary are set out below:
- developments beyond the Company's reasonable control; or
- changes at legislative level; or
- changes to the Programme as part of the normal development of the Company's products and activities; and
- the need to address security problems.
4.2 The amendments made shall be effective 30 days after the receipt of the email as provided under Section 6.1. The most up-to-date version of these Terms and Conditions and, therefore, applicable to the Customer is the one available at https://www.cpcompany.com/. The Company invites the Customer to periodically check https://www.cpcompany.com/ for the latest version of these Terms and Conditions.
4.3 Participation in the Programme shall imply the Customer's acceptance of the Terms and Conditions, as amended. If Members do not accept the amendments to these Terms and Conditions, Members may withdraw - without incurring any charges - from the Loyalty Programme in accordance with the provisions of Article 4.
4.4 The Company also reserves the right to suspend or terminate the Programme, temporarily or permanently, by giving the Customer adequate prior notice.
1.1 To the maximum extent permitted by law, under no circumstances (including, without limitation, negligence) shall the Company, including its parent, subsidiaries, suppliers and other partners be liable to the Customer, Member or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to the Customer’s access to, use of, or inability to access or use the Site or Programme; (d) damages relating to any conduct or content of any third party or user of the Programme, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any third-party content, third-party products or third-party activities accessed via the Programme. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not the Company has been informed of the possibility of such damage, and further, where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of the Company, for any claim under these Terms and Conditions, including for any implied warranties, is limited to the greater of € 195 or the amount the Customer paid to the Company in connection with the Programme within in the past twelve months.
In particular, to the extent permitted by applicable law, the Company is not liable for any claims arising out of (a) the Customer’s use of the Programme (including but not limited to the Customer’s participation in any activities promoted by or accessed via the Programme), (b) the use, disclosure, display, or maintenance of a user’s Personal Data, (c) any other interactions with the Company or any other users of the Programme, even if the Company has been advised of the possibility of such damages, or (d) other content, information, services or goods received through or advertised in relation to the Programme or received through any links provided in connection with the Programme.
To the extent permitted by applicable law, the Customer acknowledges and agrees that the Company offers the Programme in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in these Terms and Conditions, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between the Customer and the Company and form an essential basis of the bargain between the Customer and the Company. The Company would not be able to provide the Programme to Customers on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
9.1 ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO THE CUSTOMER ON AN "AS IS," "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
UNLESS THE COMPANY IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, THE COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, THE COMPANY SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.
1.1 To the maximum extent permitted by applicable law, the Customer agrees to indemnify and hold the Company, its parent, subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content the Customer accesses or shares through the Programme; (b) the Customer’s use of the Programme, (c) the Customer’s connection to the Programme, (d) any use of the Site or the Programme by any other person using the Customer’s account and/or password, (e) the Customer’s violation of any law or of these Terms and Conditions, (f) the Customer’s use or misuse of any user’s Personal Data, or (g) any violation of the rights of any other person or entity by the Customer. The Company reserves the right, at the Customer’s expense, to assume the exclusive defense and control of any matter for which the Customer is required to indemnify the Company under the Terms and Conditions, and the Customer agrees to cooperate with the Company’s defense of these claims. Each Customer using the Site for or on behalf of a third-party agrees to indemnify and hold the Company harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the third-party's or the user's failure to fulfill any of its obligations as described above.
11.1 Any dispute relating to the performance or interpretation of these Terms and Conditions shall be governed by Swiss laws. Despite the application of Swiss law, if the Customer is a consumer under the applicable laws, he/she also enjoys the protection of the mandatory provisions of the law of the country, in which he/she has his/her habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country, in which he/she has his/her habitual residence, such as consumer protection laws, shall remain unaffected.
11.2 Any dispute concerning the interpretation and/or execution and/or termination of these Terms and Conditions will be subject to the jurisdiction of the court of residence or domicile of the Customer.
11.3 For U.S. Customers Only – ARBITRATION AGREEMENT:
11.3.1 This part of Section 11 only applies to US customers. Please read this section carefully. It affects rights that Customers may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This arbitration clause will survive termination of this Section.
11.3.2 Scope: This arbitration agreement is intended to be given the broadest interpretation and application in order to encompass all disputes or Claims (as defined below) that may arise between us. By using the Programme, the Customer agrees that any and all Claims (as defined below) arising out of or relating to the Customer’s use of this Agreement, the Programme, the Site, or other services provided by the Company or by the support companies in connection with the Customer’s use of this Program (including the interpretation and scope of this arbitration agreement and the arbitrability of the dispute), or the Customer’s relationship with the Company (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal vehicle) unless expressly excluded from arbitration as set forth below (each a “Claim” and collectively “Claims”), will be resolved via mandatory, binding arbitration. As used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Company, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any service in connection with the Programme if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all Customers, Members, persons or entities approved by us to use the Site or Programme, including but not limited to all persons or entities contractually obligated under this Agreement or any other applicable agreement.
11.3.3 Opt Out Procedure: Notwithstanding the above, you may opt out of this binding arbitration agreement within 30 days after this arbitration agreement comes into effect (the “Opt Out Deadline”). This will be the earliest of (a) the date you open an account through the Programme, (b) the date you first used our services, or (c) the date of your first transaction with the Company. You may opt out of the arbitration agreement by sending the Company a written notice through email@example.com with the message: “Arbitration -- Opt-Out Notice”.
In order to validly terminate the arbitration agreement, the Company must receive your opt out notice, and with the correct message, no later than 3 days after the Opt Out Deadline. You agree that you must pursue any and all Claims in arbitration if the Company does not receive an opt-out notice from you, or if the Company receives an opt-out notice from you more than 3 days after the Opt Out Deadline.
Nothing in this arbitration agreement shall be interpreted as creating any rights that do not otherwise exist under the law, or as constituting any waiver of any personal jurisdiction defense, nor shall this arbitration agreement give you the right to pursue any claim for relief that is not in compliance with the law.
11.3.4 Pre-Dispute Resolution: The Company is committed to customer satisfaction. Prior to initiating any dispute or Claim, as discussed further below, you must first give the Company an opportunity to resolve any complaints by submitting them in writing through firstname.lastname@example.org (the “Internal Review Procedure”). Your message through the Company’s Dispute Resolution page beginning the Internal Review Procedure must contain the following information: (1) your name, (2) address, (3) the email address associated with your Programme membership, (4) the purchase confirmation number, (5) the date of the transaction, (6) a brief description of the nature of the complaint, and (8) the resolution sought (together, the “Required Information”). Additionally, the message must start with “Request Under Arbitration Agreement.” If your message does not start with this text, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Internal Review Procedure shall be without effect, and must be reinitiated before any arbitration or other legal action against the Company. This requirement is intended to inform the Company that you have a dispute to be resolved. If the Company does not resolve the complaint within 60 days of the initiation of the Internal Review Procedure, you shall be entitled to seek relief as stipulated in this arbitration agreement.
11.3.5 Arbitration Procedure: The Company and you agree that this arbitration agreement is evidence of a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any Claim shall be initiated through and administered by the American Arbitration Association (“AAA”). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that the Company shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by the Company.
The Company agrees to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you, and if your Claim is for less than $1,000, the Company shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, the Company will pay as much of the filing fee in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation.
In all other cases, we will each bear the fees and expenses for our respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration.
Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement. If there is a conflict between the AAA’s rules and this arbitration agreement, the terms of this arbitration agreement shall govern. AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. You agree that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or virtual hearing, or the arbitrator determines that an in-person or telephone appearance is required. Virtual hearings shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. The Company will ordinarily request that the hearing be held in New York, New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that, in the event of an in-person hearing, any Company employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.
Any arbitration shall be confidential, and neither Party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your Programme account balance and Company transaction history, and communications directly related to your purchases of products from the Company or your Programme membership among you and the Company. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive.
11.3.6 Arbitration Award: The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other Customers or Programme account holders, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms and Conditions, and any such application will not be deemed incompatible with the arbitration agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and the Company agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all Claims that can be arbitrated, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
11.3.7 Exceptions to Arbitration Agreement: You and the Company each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your dispute or Claim qualifies under applicable law, you may elect to proceed in small claims court.”
11.3.8 Class Action Waiver: In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS PARAGRAPH. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.
If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
11.3.9 Jury Waiver: IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
12.1 The provisions of the Programme are is intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by the Company, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms and Conditions without affecting the validity, legality or enforceability of any of the remaining provisions.
13.1 Should you have any questions regarding this Programme, you may contact the customer service at email@example.com.