Terms of Use
Effective Date: February 2024
1. In general
1.1 We are Mastercard OB Services Europe A/S (hereinafter “MCOBS EU”), trading as “Spiir” to provide the Spiir Services (as below) (“Spiir”, “we”, ”us” and ”our”). We are a limited liability company registered in Denmark, registration number 33509006 and company website, https://spiir.com/. We are a payment institution with a licence granted by the Danish Financial Supervisory Authorities, Finanstilsynet, to provide account information services and payment initiation services comprising the Services (as defined below). MCOBS EU’s registered office address is: Arne Jacobsens Allé 13, 2300 Copenhagen, Denmark.
1.2 These Terms of Use apply to all services provided by Spiir, where we, via the Spiir web service (the “Web") or the Spiir app (the “App"), provide you (“you”, “your” and “yourself”) with the following service(s) for your online account(s) used for Payment Transactions (as defined below at section 1.2.2) (each a “Payment Account”):
1.2.1 account information services where we collect, process and present aggregated/compiled online information e.g. account name, account balance and transaction history, from one or more of your Payment Accounts (including as part of any money management tool(s), e.g. spending overviews and spending limits, as offered from time to time on our website and in the App) (“Account Information”) to you; and
1.2.2 payment initiation services where, following your instruction, we initiate a placement or transferral of funds from a Payment Account (each act a “Payment Transaction”) directly from your online bank or Payment Account in a simplified and secure way (“Payment Initiation”),
(jointly and separately referred to as the "Services" and further explained in the sections below), including any updates, new or enhanced features, technologies, and any other improvements to the Services. By using our Services, you and Spiir will enter into an agreement being these Terms of Use together with our Privacy Notice and other terms you accept by using the Services (the “Agreement”). Please read these Terms of Use carefully and make sure you understand them before accepting them.
1.3 It is a condition for using Spiir’s Services that you accept these Terms of Use. If not, you cannot use Spiir’s Services.
1.4 This Agreement shall begin on the date you accept the Terms of Use and shall continue until the Services have been terminated as below. You have the right to receive a copy of these Terms of Use – you can view the up to date version of these Terms of Use.
1.5 You may only use the Services if you are 16 years of age or older and a resident in the EEA or the United Kingdom. We are exempt from the prohibition, in regulation 138 of the UK Payment Services Regulations 2017, on providing payment services in the United Kingdom and we are not authorised by the UK Financial Conduct Authority.
1.6 By using our Services, you acknowledge that information about you is provided by you and/or collected from your Payment Service Provider and processed by us in accordance with, and for the purposes set out in the Spiir Privacy Notice and you warrant that all information provided by you is accurate. You also acknowledge that you have read and understood our Privacy Notice.
2. Creating a user account
2.1 To use Spiir’s Services, you must create a user account. Creating a user account requires you to enter your email address, a password and your country of residence and may include the collection by us and/or provision by you to us of such evidence of identity as required by anti-money laundering laws, these being all applicable laws and regulations relating to customer due diligence, financial crime, financial sanctions, money laundering and terrorist financing. If you use the “Joint Finances” feature, you must provide us with the email address of your partner. You acknowledge that we may also require you to provide us with further evidence of your identity at any time before or after the time you create a user account and, if so, that we may suspend the provision of the Services pending the provision of any such further evidence as has been requested and not yet provided. The user account you create is for your own personal use.
2.2 When creating a user account with Spiir, you must enter a personal password, which must be treated confidentially at all times. You must never make your password available to others. You can instruct us to store your unique identifier, which will allow us to access the accounts that you add to Spiir, without storing the credentials of your Payment Account (as defined below at section 3.1.1).
2.3 To fully utilize all the features offered by Spiir, you can provide additional information about yourself, such as postcode, number of people in your household, age, and gender.
3. Services
3.1 To use the Services for account information services or the initiation of a Payment Transaction:
3.1.1 such use must be in respect of an online account for Payment Transactions (a “Payment Account”) which you maintain with a payment service provider (“Payment Account Provider”), and the payment service provider providing and maintaining it for you as a payment service user must have provided an operational dedicated interface to us when requested by us. We accept no responsibility for any non-availability of this interface which is attributable to the relevant Payment Account Provider’s acts or omissions;
3.1.2 we will open an online communication channel between you and the authentication domain of the Payment Account Provider for the Payment Account through which you will need to provide your login credentials to the Payment Account Provider in order to authenticate the relevant use, and you must also complete any further steps required by the Payment Account Provider to complete authentication; and
3.1.3 you represent, warrant and undertake to us that you are the lawful holder of the relevant Payment Account, either on your own behalf or as an authorized signatory of the legal entity to which the Payment Account belongs, and have full right and power and authority to access to the relevant Payment Account and to procure that we carry out the requested Services on your behalf.
3.2 If we become aware of any security threats, including suspected or actual fraud in respect of any Payment Account in relation to provision of the Services, we may suspend your use of the Services for your own protection until the situation is resolved. We will notify you about such suspension through the contact details you have registered.
Account information services
3.3 Spiir is a provider of account information services. Our account information services allow us to provide you with an aggregated view of your balances and transactions from the Payment Accounts that you connect with the Services. With your explicit consent, Spiir’s account information service: 1) collects Account Information from your Payment Accounts from your Payment Account Providers (as defined in section 3.1.1), 2) processes your Account Information, in order to be able to 3) display the Account Information to you in the App.
3.4 In order to use the account information services, you need to connect your Payment Account to Spiir as follows: 1) log-in to your Spiir account; 2) select the country where the Payment Account Provider is located; 3) select your Payment Account Provider, and 4) add your Payment Account. After these steps are completed, Spiir redirects you to your Payment Account Provider interface where you are requested to securely authenticate using the Payment Account Provider’s log-in method. Following your successful authentication performed by the Payment Account Provider, you will return to the App to select the Payment Account(s) from which Spiir will fetch the Account Information.
3.5 Under the settings tab within the App, you can either:
3.5.1 add a new Payment Account from a different Payment Account Provider, following all the steps explained above in section 3.4, or
3.5.2 add a different Payment Account from the same Payment Account Provider which only requires successful authentication via the Payment Account Provider’s log-in method, followed by account selection within the App.
Payment initiation services
3.6 Eligibility and availability: You can only use Payment Initiation if:
3.6.1 you fulfil the age and residence requirements in section 1.5;
3.6.2 you have a Payment Account and Payment Account Provider located in the EEA or the UK;
3.6.3 you provide us with accurate, complete and up-to-date information about your identity and any other information we may ask from you;
3.6.4 you agree to this Agreement and using our Services in accordance herewith, and
3.6.5 you agree to comply with all laws and regulations that apply to your use of the Services
3.7 Payment Initiation is a service allowing you to request an initiation of a payment order directly from your Payment Accounts.
3.8 You instruct us to make an online Payment Initiation.
3.9 You need to confirm the details of the Payment Initiation, including: 1) the amount; 2) the Payment Account from which you wish to initiate the payment; and 3) the natural or legal person who is the recipient of payments (“Payee”), (together “Instruction”). It is your responsibility to ensure the accuracy and completeness of your Instruction.
3.10 By submitting your Instruction to us, you give your explicit consent to us initiating the payment from your Payment Account operated by the relevant Payment Account Provider.
3.11 We will forward your Instruction to perform the Payment Initiation to your Payment Account Provider. Using the Services to initiate payment means that you agree that we forward your Instruction to your Payment Account Provider.
3.12 We will provide you with confirmation, a reference number and the amount of the Payment Transaction, when your Instruction has been accepted by you and authorised by your Payment Account Provider. If your Payment Account Provider does not authorise the Payment Initiation, we will notify you about this as soon as possible.
3.13 You are not able to revoke a Payment Initiation with us after having given consent to initiate the Payment Transaction.
3.14 Your Instruction to initiate the payment shall be considered to be received by us at the time at which you have given your Instruction. The execution of the actual Payment Transaction is performed by your Payment Account Provider and may take place at a later date, depending on your agreement with your Payment Account Provider.
3.15 It is our responsibility to forward your Instructions to your Payment Account Provider. Your Payment Account Provider is responsible for executing, or declining to execute, the actual Payment Transaction. You acknowledge and agree that the time for the Payment Transaction to be executed by your Payment Account Provider is the responsibility of that Payment Account Provider. It is your responsibility that the information you provide to perform the Payment Initiation is accurate and complete.
3.16 We accept no responsibility for any failure by your Payment Account Provider to implement any Payment Transaction initiated by us on your behalf in accordance with instructions given to them by us.
3.17 You give your explicit consent to us disclosing details of any Payment Initiation to the relevant payee (or their payment service provider).
4. Security
Our security
4.1 Spiir always adheres to the following security requirements:
4.1.1 All data communicated back and forth between Spiir and your device is encrypted. Therefore, it is not possible for third parties to access the content of the data flow between you and Spiir.
4.1.2 Spiir's employees never access your specific transaction information without your prior authorisation. This may, for example, be if you need support.
4.1.3 Only authorised Spiir employees can get limited temporary supervised access to general production data without consent to ensure data quality and troubleshooting.
4.1.4 All employees with Spiir undergo a background check prior to appointment.
4.1.5 Spiir continuously backs up all data in Spiir.
4.1.6 Spiir logs and, among other things, registers from which IP addresses your user account is accessed, and we also detect any failed attempts to log on to your user account.
4.1.7 Spiir uses third party scanning of the parts of Spiir’s Services being hosted by Spiir. Spiir uses an external security company, which daily scans Spiir’s Services for any security breaches. If the security company finds serious security breaches, Spiir will be notified of these and subsequently have a short time to address these.
Your security
4.2 You are responsible for keeping confidential any password that you use. In case of abuse or suspicion of abuse of your password, you must inform Spiir immediately by contacting the above address or contact us at eob.security@mastercard.com. If Spiir suspects abuse of your user account, we can always block your user account. In these situations, Spiir is not liable to you or any third party.
4.3 Spiir recommends that you, as a user, maintain a high security standard. You:
4.3.1 Should make sure your password is always sufficiently secure. Your password must be at least eight characters, unique and generated by a tool like a password manager or website.
4.3.2 Should, if we suggest, create a PIN code for the App and, if possible, use an advanced login method, e.g. 'touch-ID' (fingerprint recognition) or ‘face-ID’ (facial recognition).
4.3.3 Should always enable two factor authentication (2FA).
4.3.4 Must always make sure you log out when you have finished using the Web, especially if you have used a public computer.
4.3.5 Must never give others access to your PIN code.
5. Collection of data from Payment Account Providers
5.1 With your explicit consent, Spiir may, for your use of Spiir’s Services, obtain information from your Payment Account Provider about your Account Information. Only information about account names, balances and transactions is obtained.
5.2 Spiir can obtain data from most Payment Account Providers but cannot guarantee that this is possible in relation to all Payment Account Providers.
6. Communication between Spiir and you
Required inquiries
6.1 Spiir can continuously inform you about important information, such as changes to these Terms of Use, via the email address you provide when creating your user account, on the Web, via messages in the App or via push messages.
Optional inquiries
6.2 In the App and on the Web, you can choose which types of optional inquiries you wish to receive from Spiir. Spiir's inquiries may be based on information about your spending. You can read more about how Spiir processes your personal data in Spiir's Privacy Notice.
6.3 Spiir regularly sends you messages about your finances unless you opt out of this. Such messages may be spending overviews, status regarding your spending goals, and the like.
6.4 With your consent, Spiir may send newsletters and promotional emails to your email address.
6.5 Spiir will send information about new features and other material related to Spiir to your email address, via messages in the App and/or via push messages, provided you have given your consent for this.
6.6 Spiir may ask about your experience of using Spiir via requests to your email address, via messages in the App, and/or via push messages, unless you have opted out of these.
7. Intellectual property rights
7.1 Spiir, or an affiliate of Spiir, is the owner or the licensee of all intellectual property rights in the Services, the Web and its content, the App, Spiir’s blog and all other materials on Spiir’s platforms, the Spiir name and mark, the MCOBS EU name and the MCOBS EU mark, and the Mastercard name and mark. All those aforementioned works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You retain the rights to the material that you provide to Spiir’s Services, but you give Spiir a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide licence to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use this material through any medium, whether alone or in combination with other materials, in any manner and by any means, method or technology, whether now known or hereafter created so that Spiir can provide its Services to you. As a user, you will receive a non-exclusive right of use to Spiir’s Services, including the Web and the App. Spiir may revoke this right of use at any time.
7.3 No part of the Web or the App may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way without our prior written consent save that as a user, you may copy, distribute and display material from the Web or the App provided you credit Spiir by name.
7.4 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms of Use.
8. Operations and Use of the Services
8.1 The Services shall be provided in a professional manner, with reasonable skill and care, promptness and diligence and in accordance with all applicable law.
8.2 Spiir strives to avoid errors, defects and disruptions of service on the Web and the App at any time, but these may occur. Spiir would like to receive information on such matters and will seek to remedy such matters as soon as reasonably possible.
8.3 You acknowledge that Spiir may from time to time perform emergency maintenance and ongoing maintenance and updates on both the Web and the App. During such maintenance and updating, certain or all features of the Web and the App may become temporarily unavailable. During updates, one or more features may be removed from Spiir’s Services.
8.4 Spiir will, to the extent reasonably possible, inform of expected major disruptions of the Services in advance, either on the Web or in the App and notify users of any possible removal of functions. However, Spiir is not obliged to do so.
8.5 Spiir shall not be liable to you in the event of errors, defects, malfunctions or removal of functionality of the Services or the Web or the App.
8.6 In order to access the Services and information we make available to you relating to the Services through the Web and the App, we will create an account for you when you complete the enrolment process and select your user account. You agree to keep all information constituting any user account secure and confidential and agree not disclose any of it to any third party. If your account is compromised or you believe or suspect that the password forming part of your user account (or any other security credentials) has been lost, stolen or misappropriated, then you shall on becoming so aware, immediately notify us by contacting us at support@spiir.dk.
8.7 We have the right to disable any password at any time, if we reasonably believe you have failed to comply with any of the provisions of these Terms of Use.
8.8 We will not be liable for any harm, damage or loss from or relating to hacking, tampering or any unauthorised access to your account due to your deliberately or grossly negligently failing to preserve the security and/or confidentiality of your user account.
8.9 Content on the Web related to elements of the Services already provided is made available for information purposes only. We make no representations about the reliability, availability, timeliness or accuracy of such content. You are solely responsible for securing and backing up the information we make available to you relating to the Services that you access through the Web in accordance with these Terms of Use.
8.10 We shall endeavour to ensure the Web and the App and the Services are available on a 24/7 basis, but we make no representation, and give no warranty or undertaking, that the operation or availability of the Web and the App will be uninterrupted or error-free. In particular, we shall not be liable or responsible for any unavailability or issue with the Web or the App which is caused by: 1) your breach of this Agreement; or 2) use of the Web or the App contrary to our instructions; or 3) modification or alteration of the Web or the App by any party other than us.
8.11 You acknowledge that we have no direct control over the availability of bandwidth over the entirety of the internet and that, while we will use such endeavours as we deem appropriate to facilitate access to the Web and the App, we shall not be responsible for delays caused by such unavailability.
8.12 We do not guarantee that the Web or the App will be totally secure or free from bugs or viruses.
8.13 You must not misuse the Web or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
8.14 You must not attempt to gain unauthorised access to the Web or the App, any servers on which they are stored or any server, computer or database connected to the Web or the App. You must not attack the Web or the App via a denial-of-service attack or a distributed denial-of service attack. Where any breach of this provision by you results in you committing a criminal offence, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of a breach of this provision, your right to use the Web and the App will cease immediately.
9. Termination
9.1 If you disagree with these Terms of Use or for any other reason no longer wish to use Spiir, you can delete your user account at any time.
9.2 Spiir may at any time and without notice suspend or terminate your Agreement regarding the use of Spiir’s Services and, if necessary, delete your user account, for example, in cases of unacceptable user behaviour, attempt to abuse other users’ accounts, attempt to access other users’ data, or other illegal or improper behaviour. If Spiir suspends or terminates your Agreement for the use of Spiir, Spiir will contact you via the App or the email address you provided when creating your Spiir user account.
9.3 Deleting your Spiir user account will entail deletion or anonymisation of all data registered with your Spiir user account in accordance with the Privacy Notice and the data cannot be restored. You cannot make any claim against Spiir if your account is deleted. You can find the Privacy Notice here: Privacy Notice.
9.4 We may terminate these Terms of Use at any time and for any reason by giving you at least two (2) months' written notice to the email address provided by you as part of your user account.
9.5 If you breach any of these Terms of Use, we may do any or all of the following (without limitation):
9.5.1 temporarily suspend or permanently withdraw your right to use the Services;
9.5.2 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
9.5.3 take further legal action against you; and/or
9.5.4 disclose such information to law enforcement authorities as we reasonably feel is necessary to disclose.
9.6 If we withdraw your right to use the Services all rights granted to you under these Terms of Use shall cease.
10. Withdrawal of consent
10.1 You may withdraw one or more of the consent(s) you have given Spiir at any time (except where this Agreement says that the consent cannot be withdrawn or revoked). This can for example be regarding marketing emails, retrieval of your Account Information or the like. Withdrawal of consent may be exercised on the Web or in the App, and you can also withdraw your consent by contacting support@spiir.dk. Please note that when you have initiated a payment through the Services, you cannot revoke such instruction, as detailed in section 3.13 above.
10.2 If you withdraw one or more of your consent(s), you will still have access to your user account on the Web and in the App, but some features may not be accessible.
11. Liability
11.1 Nothing in this Agreement excludes or limits our liability for:
11.1.1 death or personal injury caused by our negligence;
11.1.2 fraud or fraudulent misrepresentation; and
11.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
11.2 If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us when you used the Services.
11.3 Spiir cannot be held liable for your use of the Services at any time, including but not limited to any acts or omissions that are made based on information from the Web or the App. Your use of the Web and the App, as well as the use of the information you obtain using the Web and the App, is your own responsibility and at your own risk.
11.4 If you think that we have incorrectly initiated a Payment Transaction from your Payment Account (an “Initiated Payment”) - for example, on the basis that you have not authorised the Initiated Payment or that the Initiated Payment has been sent at the wrong time or the incorrect Payee) then you should contact us as soon as possible and your Payment Account Provider as soon as possible (and in any event no later than thirteen (13) months after the relevant Initiated Payment was made).
11.5 We will work with your Payment Account Provider to assist you in relation to any Initiated Payment which you consider to be incorrect or unauthorised but ultimately it is your Payment Account Provider who is liable to refund you or provide some other form of redress. In any event, you acknowledge that we will have no liability:
11.5.1 where you have acted fraudulently;
11.5.2 where we have acted at all times faithfully on your instructions;
11.5.3 for losses resulting from abnormal and unforeseeable circumstances beyond our control;
11.5.4 where you have failed to notify us of the relevant Initiated Payment within thirteen (13) months of the date on which it was made; or
11.5.5 where you have failed, either intentionally or with gross negligence, to comply with these Terms of Use.
11.6 Spiir shall never be liable for non-compliance with the Agreement or for damages or losses in case of force majeure or caused by circumstances beyond our control, for example, virus outbreaks or hacker attacks, crashes or errors in communication systems, power failure, government interventions or restrictions, court injunctions, strikes or lockout, subcontractors' force majeure, and other unforeseen events that Spiir could not reasonably predict or avoid.
11.7 To the extent permitted by applicable laws, our total aggregate liability to you for all and any damages, losses or causes of action arising out of or in connection with this Agreement, shall be limited to DKK 50,000 (fifty thousand Danish Krone).
11.8 Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section 11 may not apply to you and nothing will affect your statutory rights.
12. Changes
12.1 Spiir may change these Terms of Use from time to time in accordance with the provisions of this section 12. The latest version is always available on the Web and in the App. You will be notified of changes to these Terms of Use via the email address you provided in your user account with Spiir, via a message in App or via push message in the App. To accept the changes to these Terms of Use no action is needed by you.
12.2 Spiir can make changes to these Terms of Use in your favour without notice to you. Spiir will notify you of any other changes to these terms at least two (2) months before they are due to come into effect. If you do not agree with the proposed change(s) to these Terms of Use, you must tell us that you reject the changes at support@spiir.dk before the changes take effect, in which case this Agreement shall immediately terminate at the time when such changes would otherwise have taken effect and the Services shall cease to be available to you and you will no longer be able to use the Web or the App, and Spiir will be entitled to delete your user account. If you do not contact us to request termination, we will consider that you have accepted the change(s) to this Agreement.
12.3 Every time you use the Services or access the Web, please check section 18 below for the then current Terms of Use to ensure you understand the Terms of Use that apply at that time.
13. Fees
13.1 We do not charge you for the Services or for access to the Web.
14. Confidentiality
14.1 We shall keep any Account Information or Payment Transaction information to which we gain access in the provision of the Services confidential and shall take technical and organizational measures to ensure the security of such information which are appropriate to the level of risk. In assessing the appropriate level of security, we shall take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of its holding, processing and transmission of such information, the risks to you that are presented by such holding, processing and transmission, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to such information so transmitted, stored or otherwise processed. Notwithstanding the foregoing, we may use, and make such disclosure of, such information as necessary to deliver, modify, adjust, test or improve the Services and may disclose such information: 1) to employees, consultants, and subcontractors that have a need to know such information (including to facilitate the permitted purposes described above), provided that we shall advise each of such employees, consultants and subcontractors of their obligations to keep such information confidential; 2) as required by any competent authority, and 3) to the extent that we are legally compelled to disclose such information.
15. Governing law/Jurisdiction
15.1 Unless otherwise required by mandatory laws in your country of residence, this Agreement (and any non-contractual disputes/claims arising out of or in connection with it) is subject to the laws of Denmark, without regard to choice or conflicts of law principles.
15.2 Further, you and we agree to the jurisdiction of the City court of Copenhagen, Denmark, to resolve any dispute, claim, or controversy that arises in connection with this Agreement (and any non-contractual disputes/claims arising out of or in connection with it), except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence.
15.3 This Agreement is made in the English language and all communications with respect to this Agreement shall be made in the English language.
16. Complaints and making contact
16.1 If you wish to complain, please contact us by clicking here, stating “Complaint” as the subject field of your email, or by writing to us with “Complaint” as the subject, at:
Address: Mastercard OB Services Europe A/S
Arne Jacobsens Allé 13
2300, Copenhagen
Denmark
We will try to resolve the matter and avoid it happening again.
16.2 Complaints regarding our activities as a payment institution can be addressed to the Danish Financial Supervisory Authority (all aspects except for those supervised by the Danish Consumer Ombudsman and the Danish Competition and Consumer Authority), the Consumer Ombudsman (complaints related to information requirements, consent requirements and certain fees) or the Danish Competition and Consumer Authority (complaints related to access to payment systems and payment accounts and certain fees).
16.3 If you want to complain about a specific matter involving us that revolves around areas other than financial legislation, such as marketing and general consumer protection, you can contact the Centre for Complaint Resolution.
16.4 To exercise your privacy rights, as described in our Spiir Privacy Notice, available at Spiir Privacy Notice, access the export feature on Mine Spiir platform or submit a manual request as described in section 16.5 below. You can learn more about Mine Spiir’s export feature here.
16.5 We can email you at any email address you have given us and you can always contact us by clicking here or by using the address at section 16.1 above.
17. Other important terms
17.1 We have the right to transfer our rights and obligations under this Agreement.
17.2 Each of the clauses of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
17.3 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will continue to waive such default indefinitely or that we will automatically waive any later similar or other default by you.
17.4 This Agreement constitutes the entire agreement between us and you in relation to its subject matter. It replaces and extinguishes all prior agreements, collateral warranties, collateral contracts, statements, representations and undertakings made by on behalf of either us or you, whether oral or written, in relation to that subject matter.
17.5 Both you and we acknowledge that in entering into this Agreement, no reliance has been placed upon any collateral warranties, collateral contracts, statements, representations or undertakings, whether oral or written, which were made by or on behalf of the other party in relation to the subject-matter of this Agreement and which are not set out in this Agreement. Each of us waives all rights and remedies which might otherwise be available to us in relation to any such collateral warranties, collateral contracts, statements, representations or undertakings.
18. Version
18.1 These Terms of Use took effect in February 2024 and are valid until new terms are published.