Service Provider Terms and Conditions

1.                   INTRODUCTION

1.1          BsoGood Ltd, a company incorporated and registered in England and Wales with company number 12593891 whose registered office is at 7 Bell Yard, London, England, WC2A 2JR (“Bsogood”, “we”, “us” and “our”) publishes the application accessible on the Android and iOS app stores under the name “bsogood” (along with any other website and application for web or smart devices published by Bsogood from time to time, the “Application”) which allows our Service Providers to list Services they can provide to Customers.

1.2          Bsogood is a provider of the Application only and does not provide any of the Services listed by the Services Providers (“you” and “your”).

2.                   WHAT ARE THESE TERMS?

2.1          The purpose of these terms and conditions (the “Terms”) is to set out the terms by which Service Providers are permitted to access and use the Application, as well as to set out our rights and obligations.

2.2          Our responsibility is limited to an operator of the Application, and we do not enter into any contracts with our Service Providers for provision of Services which they are able to offer to our Customers. A contract will be entered into directly between the Customer and Service Provider when a Booking for Services is confirmed by the Service Provider (a “Booking Contract”). We do not take any responsibility for any Services provided by a Service Provider, any contract entered into between a Customer and a Service Provider via the Application or otherwise, or the conduct of any Customer or Service Provider.

2.3          We encourage our Service Providers to read these Terms thoroughly before creating an Account with the Application. Within these Terms you will be informed of:

(a)         how we will provide our Customers with access to your Services;

(b)         how a Booking of Services can be cancelled:

(c)          how and when payment is taken for any Services; and

(d)         what to do in the event that you have any problems, and other important information.

Please contact us if any of the information is unclear or further information is required.

2.4          By using the Application and/or creating an Account, you warrant that you agree to these Terms in their entirety without any amendment.

3.                  DEFINITIONS

3.1          Capitalised terms used herein shall have the following meanings:

Account

a profile created by either a Customer to access and/or book Services or a Service Provider in order to publicise or provide access to their Services;

Account User

any person who has created an Account with the Application in order to book Services (whether or not such person actually books any Services);

Agreement

has the meaning given in clause 16.8;

Application

has the meaning given in clause 1.1 above;

Booking

a booking made via the Application by a Customer for any Services;

Booking Contract

a deemed contract between the Customer and Service Provider whereby: (a) the Service Provider agrees to provide the Service(s) subject to the Booking; (b) the Customer agrees to pay Bsogood as agent on behalf of the Service Provider the Fees associated with such Services; and (c) the Service Provider and the Customer both agree to the incorporation of these Terms into such contract by reference including without limitation the cancellation terms in clause 7;

Business Day

a day (other than a weekend or bank holiday) on which banks in the City of London are open for business;

Content

all information available on the Application including comments and messages uploaded by either the Customers or Service Providers;

Customer(s) or you

Account User and/or User;

Data Protection Legislation

all applicable data protection and privacy legislation in force from time to time in the UK including the UK implementation of the General Data Protection Regulation ((EU) 2016/679) as implemented by the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and, to the extent that the General Data Protection Regulation ((EU) 2016/679) applies to the processing of any personal data, such legislation as in force from time to time;

Fees

the fees charged by the Service Provider to the Customer for any Services, which shall be shown on an invoice issued by Bsogood in the name of the Service Provider and shall be paid by the Customer to Bsogood as agent for and on behalf of the Service Provider;

Intellectual Property Rights” 

patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

KYC

means know your customer and entails a verification process for each Customer and Service provider of Bsogood;

Mangopay

a form of payment solution provided by Mangopay S.A., a company incorporated and registered in Luxembourg with company number B173459 whose registered office is at 2 Avenue Amélie, L-1125 Luxembourg, where the Customer will make a payment for the Services which they have booked with the Service Providers;

Personal Data

has the same meaning given in our privacy policy;

Privacy Policy

our privacy policy in place from time to time;

Service Provider(s)

a provider of Services who is either a third-party company or is self-employed and has been approved by Bsogood for access to the Application;

Services

including without limitation makeup, haircut, blow dry, waxing, eyebrow shaping, facials, massages and any other services available on the Application from time to time;

UBO

means ultimate beneficial owner;

User

any person who makes a booking of Services without creating an Account;

VAT

value added tax or any equivalent tax chargeable in the UK or elsewhere; and

Virus

has the meaning given in clause 10.8.

4.                   CREATING AN ACCOUNT

4.1          As a Service Provider, you will be required to create an Account with the Application in order to accept a Booking for Services. In order to create an Account, we will require the following information:

(a)    your full name;

(b)    your email address;

(c)    your home address;

(d)   your company’s name;

(e)    your company’s registered number; and

(f)     your company’s registered address (if different from your home address).

4.2          If a Service Provider is VAT registered, the Service Provider must inform Bsogood and provide a copy of their VAT number upon creating an Account. If at any time after creating an Account, the Service Provider becomes VAT registered, they must inform Bsogood prior to taking any Bookings. Bsogood shall have no liability to account to the Service Provider or HMRC (or other tax authority) for any sums in respect of VAT that should have been charged but were not correctly invoiced to the Customer including without limitation if the Service Provider fails to provide the information set out in this clause 4.2 or provides incorrect or incomplete information. We will require copies of your qualifications and insurance. In some instances, this information may be displayed on your Account.

4.3          At the point of creating an Account, you are required to agree to these Terms and to comply with Mangopay’s verification which can be accessed by clicking here.

4.4          Once the Account has been successfully created, the Service Provider will receive an email confirmation.

4.5          Each Service Provider is responsible for the security of their Account details. Bsogood will accept no responsibility for any loss or damage suffered to any Service Provider as a result of them sharing or losing their login details.

4.6          You must inform Bsogood immediately if you believe that your login details have been lost, stolen, misused, or compromised in any way.  You irrevocably authorise Bsogood to take any measures we consider appropriate in our sole and absolute discretion to protect your Account and/or the Application.

4.7          We have no obligation to honour your request to create an Account and may elect in our sole and absolute discretion to refuse your request to do so without giving any reason.

5.                   CHANGES TO THESE TERMS

5.1          We may amend and update these Terms from time to time. We will notify you of any changes to these Terms by emailing you at the email address associated with your Account and/or by posting a notice on the Application.

5.2          By continuing to use the Application and/or by accepting any Booking after any change to these Terms has been notified to you in accordance with clause 5.1, you are deemed to have agreed to the amended Terms.

5.3          Any Booking that has been made prior to any changes to these Terms are notified to you in accordance with clause 5.1, shall be governed by the version of the Terms in issue at the time the Booking has been confirmed.

6.                   BOOKINGS         

6.1          Customers can only make Bookings via the Application. A Booking may be made for a date and time that suits the Customer, subject to the Service Provider’s online calendar showing the Service Provider as being available. Service Providers may charge an increased Fee for Services at certain dates and times in their sole and absolute discretion. The Customer will be notified of the increased fee at the time of the Booking.

6.2          Before completing a Booking, the Customer will be provided with a summary of the Services selected and will be given the opportunity to note any special requirements or requests in the comments section of the booking form. Any special requirements or requests are subject to the availability of the Service Provider.

6.3               The Service Provider will be required to confirm a Booking before it is deemed made. Once the Service Provider has confirmed a Booking, a Booking Contract between the Customer and the Service Provider in respect of the Booking automatically comes into effect.

6.4               As a Service Provider, you have no obligation to accept a Booking and may reject any Booking  in your sole and absolute discretion.

6.5          For the avoidance of doubt, a Booking is entered into by the Customer directly with the Service Provider and is not made with Bsogood. Bsogood provides the Application to allow Service Providers to provide Services to Customers and handles payments as agent on behalf of the Service Provider only.

7.                   CANCELLATIONS

7.1               A Service Provider may cancel a Booking at any time, and in such circumstances the Customer shall not be charged for the Booking.

7.2               Bsogood requires Customers to request any cancellations of Bookings 48 hours prior to the scheduled Booking to receive a refund. As a Service Provider, if your cancelation policy differs, you must inform the Customer at the time that the Booking is made, and in which case, your cancellation policy will take precedence. If the Customer does not cancel a Booking in line with the Service Provider’s or our cancelation policy, the Customer will be charged 100% of the Fees for the relevant Services covered in the Booking.

7.4          In order to cancel a Booking, the Service Provider must do so by clicking on the “Cancel Booking” link found on their Account page on the Application. The Customer will receive an email confirming successful cancellation of the Booking and the Booking will no longer appear on the Account page on the Application. It is the Service Provide’s and the Customer’s responsibility to check whether a Booking has been cancelled. In the event that the Service Provider cancels the  Booking, and the cancellation email is not received, the Service Provider should contact the Customer.

7.5          Each Service Provider is prohibited from taking any private bookings from Customers which they have connected with on the Application, and are obliged to inform Bsogood of any Customer who is attempting to circumvent the Application by requesting the Service Provider to cancel a Booking and take payment directly for their Services.

7.6          Bsogood monitors cancellations, particularly by Service Providers, and will take steps to remove from the Application any Customer who breaches clause 7.5. In the event that Bsogood identifies that a Service Provider has cancelled a Booking and received payment directly from the Customer for the Services booked by the Booking in question, Bsogood will not refund any Fees due in respect of such Booking to the Customer.  

8.                   PAYMENT

8.1          Payments are managed by Mangopay on behalf of Bsogood. Payment details are provided to Mangopay directly and are not held by, or communicated to, Bsogood (or any Service Provider). Bsogood (via Mangopay) collects Fees as agent for and on behalf of the relevant Service Provider. Bsogood will invoice the Customer directly for payment of the Fees.

8.2          Mangopay requires each Service Provider to carry out the KYC verification process on their website. The process varies by country and full details can be found here. For the UK:

(a)           a Service Provider, who is also a company will be required to submit each of the following:

                                                 i.              passport and/or driving licence of the legal representative;

                                               ii.              latest confirmation statement or annual return (if these are not available, the certificate of incorporation will suffice) and/or proof of registration;

                                             iii.              certificate of incorporation and/or memorandum of association; and

                                              iv.              UBO declaration,

(b)          a Service Provider who is a sole trader will be required to submit each of the following information:

                                                 i.              passport and/or driving licence; and

                                               ii.              proof of registration from HMRC, which is not less than 3 months old or a self-assessment tax return.

8.3          Mangopay will take the payment for the Service(s) covered by the Booking within two (2) hours of a Customers purchase of Services.

8.4          Any failure to take payment at the time set out in clause 8.3 shall not prevent Mangopay on Bsogood’s behalf later taking full payment as required.

8.5          Where a Service Provider cancels a Booking after payment has been taken for that Booking, Mangopay will (subject to clause 7.5) refund the Fees paid by the Customer within 3 Business Days.  

8.6          Bsogood takes fraud and attempts to evade the cancellation policy set out above very seriously. Where a Customer makes a charge back or otherwise attempts to secure a refund for a payment duly and properly made, or otherwise seeks to evade paying for any Services performed by a Service Provider, Bsogood reserves the right to block the Customer’s access to the Application and take any steps (including without limitation reporting them to the police) to recover such funds.  

8.7          The Service Provider may receive a tip directly from the Customer following fulfilment of the Services, if the Customer wishes to do so. No Customer is required to pay a tip to the Service Provider and may do so in their sole and absolute discretion. Other than payment of a tip, the Service Provider must not take any other payments directly.

8.8          Bsogood shall issue to the Customer by email on behalf of the Service Provider, an invoice in the Service Provider’s name (and where appropriate containing the Service Provider’s VAT number) for the Services covered by a Booking, to the Customer’s email address registered with the Platform.

8.9          All sums quoted on the Platform for the costs of Services are exclusive of VAT, where the Service Provider is registered for VAT, the applicable amount will be added to the Customers invoice at the time of the Booking and will be quoted in Pounds Sterling.

9.                   PROVIDING THE SERVICES

9.1               Bsogood does not guarantee that the Application will always be available and shall not be liable for any loss or damage caused by any inability to access the Application, or any feature or functionality of the Application.

9.2               Bsogood may amend or suspend the Application and/or the Services available for various reasons, including but not limited to, the following:

(a)                dealing with technical problems or making minor technical changes;

(b)                updating the Application or Services to reflect changes in relevant laws and regulatory requirements; and

(c)                making changes to the Application or Services as requested by you or notified by us to you.

 

10.               YOUR USE OF THE APPLICATION AND ITS CONTENT

10.1           All Content displayed and used on the Application and the Intellectual Property Rights in that Content belongs to or has been licensed by Bsogood, unless specifically labelled otherwise.

 

10.2           You may access, view and use the Application in accordance with these Terms.

 

10.3           You are responsible for configuring your device in order to access the Application and are responsible for implementing your own Virus protection software.

 

10.4           You undertake to comply fully with any and all local, national or international laws and regulations that apply to your use of the Application and provision of Services.

 

10.5           The Service Provider shall:

(a)                provide Bsogood with all necessary:

(i)            co-operation in relation to these Terms; and

(ii)          access to such information as may be required by Bsogood;

(b)                in order for Bsogood to provide Customers with access to the Services;

(i)                 without affecting its other obligations under these Terms, comply with all applicable laws and regulations with respect to its activities under these Terms; and

(ii)               be, to the extent permitted by law and except as otherwise expressly provided in these Terms, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to Bsogood’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Service Providers network connections or telecommunications links or caused by the internet.

10.6           The Service Provider must not at any point during their use of the Application and/or provision of Services do anything which may circumvent Bsogood.

 

10.7           The Service Provider shall not distribute or transmit any material during the course of its use of the Application that:

(a)                is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b)                facilitates illegal activity;

(c)                depicts sexually explicit images;

(d)               promotes unlawful violence;

(e)                is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(f)                 is otherwise illegal or causes damage or injury to any person or property.

 

Bsogood reserves the right, without liability or prejudice to its other rights, to disable access to any material that breaches the provisions of this clause 10.7.

 

10.8           The Service Provider shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms:

(a)                attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Application in any form or media or by any means;

(b)                attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Application;

(c)                access all or any part of the Application in order to build a product or service which competes with the Application;

(d)               use the Application to provide services to third parties;

(e)                use the Application in any way or for any purpose that is unlawful or fraudulent;

(f)                 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Application available to any third party;

(g)                attempt to obtain, or assist third parties in obtaining, access to the Application, other than as explicitly contemplated herein; or

(h)                introduce or permit the introduction of, any worms, Trojan horses, viruses and other similar things or devices (each a “Virus” and together the “Viruses”) any Virus into Bsogood’s network and information systems.

 

10.9           The Service Provider shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Application and, in the event of any such unauthorised access or use, promptly notify Bsogood.

 

10.10        You are expected at all times to be polite and respectful when providing the Services and using the Application and agree to comply with these Terms and the Privacy Policy at all times. Service Providers should make any hygiene preferences clear on their profile, and state clearly their preferences in respect of wearing face masks and other personal protective equipment. Customers will be advised to respect these preferences, and not to make a Booking with a Service Provider in circumstances where they cannot, or will not, comply with the Service Provider’s preferences.

 

11.               OUR RIGHTS TO END THE AGREEMENT

11.1           We may terminate the Agreement and your access to the Platform immediately if you are in material breach of any of the provisions, paragraphs or terms contained in these Terms, and either the breach is incapable of remedy or the breach is not remedied within a period of 7 days after we have given you written notice of it.

 

11.2           We may terminate Agreement and your access to the Platform immediately at any time by writing to you, for reasons including but not limited to, the following:

(a)           if any information provided by you is found to be untrue, inaccurate, out of date or incomplete;

(b)           if you act in any way that has brought, or could bring, Bsogood into disrepute;

(c)           if you commit any criminal offence;

(d)          if you repeatedly cancel or do not attend scheduled Bookings;

(e)           pursuant to clause 7.5; and/or

(f)            if we are no longer able to provide you with access to the Application.

 

12.               DISCLAIMER, LIMITATION OF LIABILITY AND NO WARRANTY

12.1           While we make all reasonable efforts to ensure that the Content contained on the Application is complete, accurate and up to date, we make no warranties, representations or guarantees (express or implied) that this will always be the case.

 

12.2           Nothing in these Terms excludes or limits our liability for death or personal injury arising from negligence or fraud, or any other liability that cannot be excluded or limited by the laws of England and Wales.

 

12.3           To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Application or any Content on the Application, whether express or implied.

 

12.4           The total liability of Bsogood under the Agreement with you is limited to £10,000.00.

 

12.5           In no event shall Bsogood, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to any Service Provider for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a)                the use of, or inability to use, the Application;

(b)                any injury or harm to you caused by a Customer; or

(c)                the use of, or reliance on, any Content displayed on the Application.

 

12.6           If you unlawfully use the Application for any commercial or business purposes not contemplated by these Terms, Bsogood, its shareholders, directors, officers, employees and/or agents will not be liable for:

(a)                loss of profits, sales, business, or revenue;

(b)                business interruption;

(c)                loss of anticipated savings;

(d)               loss of business opportunity, goodwill or reputation; or

(e)                any indirect or consequential loss or damage.

12.7           We will not be liable for any loss or damage caused by a Virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Application.

 

12.8           You agree to indemnify and hold Bsogood and its related companies, and each of their respective shareholders, directors, officers, employees and agents harmless from and against any third party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Application in breach of these Terms or your violation of any law or the rights of any third party.

 

12.9           You acknowledge and agree that we are not responsible for the accuracy of any information published on the Application by other Service Providers or Customers and we do not warrant that any information appearing on the Application is accurate, true or complete. If you believe that any information appearing on the Application is incorrect, you should inform Bsogood of the information that you consider to be inaccurate, and we will seek to inform the other Service Provider or Customer who posted the information that you consider it to be inaccurate. Bsogood specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Application.

 

12.10        You acknowledge and agree that we are not responsible for the acts and/or omissions of any other Service Provider offering and/or providing Services or any Customer accessing and/or using the Application. Bsogood specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of the acts/and or omissions of any given Service Provider or Customer (as applicable).

 

13.               HOW WE MAY USE YOUR PERSONAL DATA

13.1           Bsogood will comply with all applicable requirements of the Data Protection Legislation. This clause 13 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

 

13.2           Details of Bsogood’s approach to processing Personal Data can be found in our Privacy Policy at https://bsogood.com/privacypolicy.

 

14.               WHO OWNS THE APPLICATION?

14.1           Bsogood and its licensor(s) are the sole owners of the Application, which includes any software, domains, and Content made available through the Application. The Application is protected by UK and international copyright and other intellectual property laws. All such rights are reserved.

 

14.2           Bsogood permits the Service Provider to use the Application for its own personal and/or commercial use subject to these Terms, and Bsogood grants the Service Provider a limited and non-transferable licence solely for that purpose.

 

14.3           The Service Provider may not sell, export, license, modify, copy, distribute or transmit the Application (or any part of it) without Bsogood's prior express written consent.

 

14.4           Any unauthorised use of the Application may result in the termination of the limited licence granted by Bsogood. Bsogood reserves the right to terminate the limited licence in respect of the Service Provider in its sole and absolute discretion.

 

14.5           Bsogood and its graphics, logos, icons and service names related to the Application are registered and unregistered trademarks or trade dress of Bsogood. They may not be used without Bsogood's prior express written permission.

 

14.6           All other trademarks not owned by Bsogood that appear in connection with the Application are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Bsogood. Bsogood accepts no liability for any unauthorised use of any trademarks by any Service Provider, Customer or third party.

 

15.               WHAT SECURITY MEASURES DOES BSOGOOD HAVE IN PLACE?

15.1           Whilst Bsogood has implemented commercially reasonable technical and organisational measures to protect any Personal Data provided by the Service Provider from unauthorised use, Bsogood cannot guarantee that unauthorised third parties will never be able to defeat those measures. Bsogood accepts no liability for any losses associated with any unauthorised use.

 

15.2           The Service Provider acknowledges that any information provided is at their own risk.

 

15.3           By downloading, using and/or accessing in any way the Application and/or material provided through the Application, the Service Provider consents to receiving electronic communications and notices from Bsogood.

 

15.4           The Service Provider agrees that any notice, agreement, disclosure or other communications that Bsogood sends to the Service Provider electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

16.               OTHER IMPORTANT TERMS

16.1           In providing you with access to the Application, Bsogood reserves the following rights, and, in accessing, browsing or otherwise using the Application, you grant to us and agree that Bsogood shall have the following rights:

(a)                the right to refuse or withdraw your right to provide Services or access to the Application without liability, in accordance with applicable laws for any reason at any time (with or without notice) if, in Bsogood's sole and absolute discretion, you violate, attempt to violate or breach any of these Terms or applicable law;

(b)                the right to amend or update the Application, Fees, billing methods or these Terms from time to time;

(c)                the right to without notice, remove Content or materials from your account for any reason whatsoever at our sole and absolute discretion, including without limitation Content which is unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, or where the account is used to propagate any such Content;

(d)               the right to access your Account in order to respond to a request for technical support so long as we maintain reasonably appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and

(e)                the right to terminate, without notice, your Account and delete any associated data from the Application if your Account has been inactive or disabled for 90 days or more.

16.2           We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to terminate the Agreement no less than 7 Business Days’ after we tell you about our intention to transfer.

 

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

 

16.4           These Terms are between you and us. No other person (other than in respect of a Booking Contract containing these Terms) shall have any rights to enforce any of these Terms.

 

16.5           Each of the clauses of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

16.6           If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaching any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

16.7           Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

 

16.8           These Terms together with our Privacy Policy constitute the entire agreement (“Agreement”) between you and Bsogood in relation to your use of the Application and to provide Services to Customers, and supersede any prior representations, inducements or agreements relating to its subject matter.

 

16.9           You agree that these Terms and any claim, dispute or controversy arising out of in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), your provision of Services, the Application, Bsogood's advertising or any related transaction between you and Bsogood shall be governed by and construed in accordance with the law of England and Wales. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.