Inlay Course Terms and Conditions
Thanks for choosing me to teach you how to up your lapidary and metalsmithing technqiues! The following pages create the terms and conditions of a contract between you and us which covers: (a) your use of my website; and (b) how I make my lapidary courses available to you.
Whilst the full terms and conditions of this contract are set out further below, I have summarized the key terms of the contract as follows. Please note that this summary does not form part of our contract and if there is any conflict then you will need to rely on the contract itself.
Summary
(a) Website use
1. I ask that you please respect my video content, that has been accumulated through classes I’ve taken combined with years of experimentation through trial and error.
2. You are not allowed to share access to my lessons with friends or lapidary clubs; each individual needs to purchase their own course (just like you would taking an in-person class).
3. You are not allowed to commercialize my website or the content on it (i.e. you are not allowed to make money or attract advertising to another business by using my website).
4. Feel free to share my website with others, but please do not copy and paste parts of my course description to share with others.
5. I am not responsible for the content or any viruses etc. on sites I may link to. I often link to Amazon items that I use and do my best to keep them up to date, but I cannot be responsible if those listings change over time.
6. You are not allowed to develop, support or use software, devices or scripts to scrape the content on my website.
7. I comply with all relevant laws on Privacy and Data Protection. In general, I will only collect or process personal information for specific and lawful purposes and won’t collect more than I need for those purposes or keep it for longer than necessary, we’ll do our best to keep it accurate, and we’ll keep it as safe as we can.
(b) Registering for my Courses
1. You may only use the content in my courses for your own personal learning and you are not allowed to distribute any of it to anybody else.
2. I do not accept any refunds for a course due to reasons including but not limited to: buyer’s remorse, or the course is too advanced. I do my best to outline the course specs in my YouTube course trailers (@Caitlin Albritton Jewelry). Please understand that I do this because it takes months to create these courses to be as in-depth as possible, and allowing refunds would mean that you could end up taking my course for free which isn’t fair to me as a creator.
3. Feel free to share your projects with me to post on my social media! You are responsible for making sure the content of what you post does not infringe the copyright or other rights of third parties and you may be liable to them and to us for any loss or damage that they or we suffer for content you publish which infringes the rights of others.
4. The content I make on my website is owned by me, Caitlin Albritton. You have no rights over that content except as provided in the contract.
5. If you have any questions or concerns, please reach out to me directly at info@c-albritton.com.
Contract
The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through the Caitlin Albritton Jewelry website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with Caitlin Albritton Jewelry as a student (a “Learner”).
Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Online Content and Courses immediately.
1. About Us
1.1. In these Terms, references to “I,” “me,” “we”, or “us” are to Caitlin Albritton Jewelry, an inlay jewelry company run by Caitlin Albritton out of Tampa, FL.
1.2. In these Terms, references to “you” or “your” are references to you whether as a Learner or Visitor.
1.3. Caitlin Albritton Jewelry offers online content and courses for lapidaries and jewelers who want to learn how to make inlay jewelry without having to attend expensive in-person classes.
1.4. If you have any questions about these Terms or wish to contact me for any reason please click on “Contact” button on my website, or you can email me at info@c-albritton.com.
2. Using the Website (Learner conduct)
2.1. By using this Website and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Website and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.
2.2. Your use of and access to this Website and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
2.2.1. You agree to use the Website and access the Online Content and Courses only for lawful purposes and your use of the Website and Online Content and Courses is in no way unlawful or fraudulent, and does not have the intention or effect of damaging me either reputationally or financially;
2.2.2. You agree not to use or access the Website or the Online Content and Courses for the purpose of contacting, harming or attempting to harm minors in any way;
2.2.3. You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation;
2.2.4. You agree not to alter or modify any part of the Website or the Online Content and Courses;
2.2.5. You agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via APIs or other generally available third-party web browsers such as Chrome, Firefox or Safari;
2.2.6. You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Courses;
2.2.7. You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
2.2.8. You agree not to use or access the Website or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:
2.2.8.1. the sale of access to the Online Content and Courses or any associated content;
2.2.8.2. the solicitation of business in the course of trade or in connection with a commercial enterprise; and
2.2.8.3. the solicitation of any Visitors or Learners of the Website with respect to their content for commercial purposes;
2.2.9. You agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses;
2.2.10. You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;
2.2.11. You agree not to post, upload, email or otherwise transmit to or otherwise cause me to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
2.2.12. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
2.2.13. You agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any of the Caitlin Albritton Jewelry server or the network(s) connected to any Caitlin Albritton Jewelry server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
2.2.14. You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts);
2.2.15. You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present;
2.2.16. You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
2.2.17. You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies.
2.3. You agree to comply with these Terms in relation to any Learner Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages.
2.4. You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.
2.5. Whilst I do all I can to ensure that the Online Content and Courses are of a high standard and as PG-13 as possible, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content that may be objectionable to you or differ from methods you use. I am not responsible (legally or otherwise) for any claims you may have against me in relation to this type of content.
2.7. You acknowledge and agree that I may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally for whatever reason, at my sole discretion, without prior notice to you.
2.8. You agree that you are solely responsible for (and that I have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which me or any third party may suffer).
3. Registration and Accounts
3.1. Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Online Content and Courses, you must register for a personal account on the Website (a “Membership Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Membership with any third party for any reason.
3.2. In setting up your Membership, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help me tailor the courses to suit you.
3.3. You undertake to me that all information provided by you in relation to your Membership Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete. It is your responsibility to keep your Account details safe.
3.4. By registering with Caitlin Albritton Jewelry for a Membership Account, you agree (in addition to the Acceptable Use Conditions above) that you:
3.4.1. will not let anyone else use your Membership Account;
3.4.2. will not widely share techniques learned from these courses;
3.4.3. will notify the administrators of the relevant Online Content and Courses (the “Course Administrator”), immediately if you become aware of any other Learner cheating or breaching these Terms.
3.5. If you are disqualified for any reason under paragraph 3.4.1, 3.4.2 or 3.4.3, I may prohibit your access or revoke your access temporarily or stop your participation in the Online Content and Courses.
4. Course Providers
4.1. I am a CabKing and High-Tech Diamond Ambassador and a member of Amazon Associates. I often link to products from all of these companies that I use in my projects so you can purchase them easily. When using my referral links, I may earn a commission on your purchase at no additional cost to you.
4.1.1 With product links from third party websites in my tutorials, I am not responsible for any faulty or defective products you may receive from them.
4.2. Even though this is an online course, this is to be done at your pace with no outside guidance, no testing, and you cannot receive any accreditation from my class. If you would like a one-on-one session with me, you can schedule a paid virtual session with me by emailing me at info@c-albritton.com.
4.3. I may make certain revision or troubleshooting videos available while you are participating in the Online Content and Courses.
5. License to use
5.1. Subject to your compliance with these Terms, I grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable, limited right and licence:
5.1.1. to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and
5.1.2. to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
5.2. You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.
6. Your Content
6.1. Throughout your use of the Website and the Online Content and Courses, you may be able to provide content to the Website by uploading notes and replies, Learner discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Learner Content”).
6.2. We do not claim ownership of any Learner Content you may submit or make available for inclusion on the Website or Online Content and Courses. Accordingly, subject to the license granted to me, the Learner will be the sole and exclusive owner of any and all rights, title and interest in and to the Learner Content.
6.3. With respect to any Learner Content you submit to me or that is otherwise made available to me, you grant me an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Learner Content on the Website and/or in the Online Content and Courses, with the right to sublicense such rights for any purpose associated with the provision of the Website and the Online Content and Courses. I reserve the right to remove any Learner Content without notice at any time and for any reason.
6.4. To the extent that you provide any Learner Content, you represent and warrant that:
6.4.1. you have all necessary rights, licenses and/or clearances to provide such Learner Content and permit us to use and publish such Learner Content as provided in paragraphs 6.1 to 6.3 above;
6.4.2. such Learner Content is accurate and complete to the best of your knowledge and belief;
6.4.3. as between you and me, you are responsible for the payment of any third party fees related to the provision, publication and use of such Learner Content; and
6.4.4. such use and/or publication of your Learner Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
6.5. With respect to any submissions of Learner Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
6.6. The Website and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Learners and/or us.
6.7. You agree to use communication methods available on the Website and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms, the Policies and our Code of Conduct.
6.8. By using any of the communication methods available on the Website and/or the Online Content and Courses, you agree that:
6.8.1. all communication methods constitute public, and not private, means of communication between you and any other parties;
6.8.2. communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
6.8.3. most content will be reactively moderated if flagged by Learners or Visitors, but we reserve the right to pre-review or post-review Learner Content to ensure that it complies with generally acceptable standards of communication.
6.9. You acknowledge and agree that the services set out in paragraphs 6.6 to 6.8 above may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
6.10. Any Learner Content that is published on the public discussion areas of the Website (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence (Attribution-Non Commercial-NoDerivs; BY-NC-ND). We will not make available any Learner Content related to your assignments or assessments.
7. Subscription Access
7.1. Each Member Area will have a specific course topic and have its own one-time upfront fee for access. If you want access to another Member Area, you will have to pay separately for that. For instance, enrollment in the Inlay Bail Member Area will not get you access to the Inlay Cuff Member Area.
7.2. You will not be entitled to any refunds or credits for any partial membership periods.
7.3. I will try to keep my Member Areas open up for at least a year, but I reserve the right to deactivate them in order to have room to create new course content.
8. Promotions & Discount Codes
8.1. We may give you a promotional code or discount code (together the “Promo Code”) from time to time, which will reduce the price of Online Content and Courses or Subscription Access (including Unlimited and ExpertTracks) on our Site. The Promo Code(s) must be applied at checkout and cannot be applied retrospectively.
8.2. Each Promo Code will come with its own terms which will be made clear at the point of issue.
8.3. If a Promo Code has been issued to you, it is personal to you and cannot be transferred to any other person. If we believe it is being misused, not in line with our guidelines or we believe used fraudulently, we reserve the right to cancel the Promo Code.
8.4. The Promo Code cannot be transferred, sold or redeemed for cash or credit, and has no monetary value.
8.5. The Promo Code is only valid for the period of time specified in the terms of use or until the Promo Code has been used, when it will expire.
9. Copyright Policy
9.1. It is our policy that any content included on the Website or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.
9.2. If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing info@c-albritton.com, containing at a minimum the details outlined in paragraph 9.4 below.
9.3. We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
9.4. When you notify us in accordance with paragraph 9.2, your written Copyright Infringement Notice must contain the following:
9.4.1. statement telling us you believe that you have found content on the Website which you believe infringes your intellectual property rights;
9.4.2. which country your intellectual property rights apply to;
9.4.3. the title of the content concerned and the full URL for access to that content;
9.4.4. statement explaining how the content infringes your intellectual property rights;
9.4.5. your mailing address, telephone number and email address so that we can contact you;
9.4.6. a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
9.4.7. your signature (an electronic signature is sufficient).
9.5. We will, acting in our sole discretion, terminate Learner Accounts and access to the Website and Online Content and Courses if a Learner has been notified of infringing activity twice or more (regardless of whether the Learner has taken appropriate action as we may direct).
10. Privacy and Security
10.1. We respect your right to privacy.
11. Linking to Other Sites
11.1. The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
11.2. We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
11.2.1. we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
11.2.3. we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
11.3. We may remove any links to Linked Sites from the Website at any time for any reason.
11.4. We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
11.5. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
12. Caitlin Albritton Jewelry’s Intellectual Property Rights
12.1. We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the videos, scripts, images, graphics and audio. The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the license in paragraph 5 above. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Partner Institution providing the Online Content and Courses.
12.2. Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“Caitlin Albritton Jewelry IPR”).
12.3. If any Online Content and Courses IPR or Caitlin Albritton Jewelry IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or Caitlin Albritton Jewelry IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or Caitlin Albritton Jewelry IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Website.
12.4. You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses IPR and/or Caitlin Albritton Jewelry IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
13. Your Liability to Us
13.1. You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
13.1.1. you submitting Learner Content to the Website or participating in the Online Content and Courses;
13.1.2. your access to or use of the Website or Online Content and Courses;
13.1.3. your breach of any of these Terms (including but not limited to any breach of your obligations for Paid for Access); and
13.1.4. any negligent act or omission, deliberate default or breach of statutory duty on your part.
13.2. Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
13.3. This paragraph 13 survives the expiry of these Terms.
14. Our Liability to You
14.1. Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
14.2. The Website and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.
14.3. We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
14.3.1. any loss of profit (directly or indirectly);
14.3.2. any loss of goodwill; and
14.3.3. any loss of opportunity.
14.4. We provide the Online Content and Courses on the Website in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
14.5. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
14.6. We accept no responsibility for any loss or damage incurred by you as a result of:
14.6.1. any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content and Courses;
14.6.2. any changes which we may make to the Website or Online Content and Courses, or for any temporary interruptions in the provision of the Website or Online Content and Courses;
14.6.3. the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Website;
14.6.4. your failure to provide us with accurate account information; or
14.6.5. your failure to keep your account details secure and confidential.
14.7. We reserve the right to suspend your use of the Website and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
14.8. We may terminate your Learner Account or access/use of the Website with immediate effect:
14.8.1. if we reasonably believe you or any Learner you are connected with are in breach of any of these Terms;
14.8.2. in order to prevent any fraudulent, unlawful or abusive activity; or
14.8.3. if it is necessary to prevent or stop any harm or damage to us, other Learners of the Website or the general public.
15. Governing Law
15.1. These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of England and Wales.
15.2. Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of the Unite States. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of the United States to resolve any such dispute.
15.3. Notwithstanding paragraph 15.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
16. Changes to the Website and these Terms
16.1. We may update or amend these Terms (as well as our Policies or any other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website and you are advised to check this page every time you use the Website.
16.2. For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
17. Other Important Terms
17.1. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
17.2. Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.
17.3. We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
17.4. These Terms, the Policies and the Code of Conduct set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.