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Warranty and legal information
Except in respect of death and personal injury caused by the negligence of Vertu and
subject to the provisions of these Terms and Conditions, Vertu’s maximum liability to
you for breach of any of its obligations hereunder shall be limited to the value of the
annual subscription fee, if any, and the relevant charge for the VC services to be
provided.
The limitations of liabilities set out herein apply only to the maximum extent permitted
by law.
22.Governing Law and Arbitration of Disputes
Any and all claims, except claims for monies due to Vertu, arising out of or relating to
the use of VC, must be commenced within one (1) year after the date either you or
Vertu knew or should have known of the facts giving rise to such claim, after which
such actions shall be barred. If acceptance of your membership request or a
particular service request takes place within Europe, Middle East or Africa, the
governing law shall be Finnish law. All disputes arising out of or in connection with
these Terms and Conditions shall be finally settled under the Rules of Arbitration of
the International Chamber of Commerce by one arbitrator appointed in accordance
with the said Rules. The arbitration proceedings shall be conducted in London,
England in the English language. The arbitration decision shall be final and binding.
Provided that the parties shall have the right to take proceedings in any other
jurisdiction for the purposes of enforcing a judgment or order obtained from the courts
of England and Wales.
If acceptance of your membership request or a particular service request takes place
within Asia Pacific, the governing law of these Terms and Conditions shall be
Singapore law. All disputes arising from or connected to these Terms and Conditions
shall be settled finally and exclusively in Singapore under the Rules of the Singapore
International Arbitration Centre (SIAC Rules). The arbitration shall be conducted in
English in Singapore. The award shall be final and binding on both parties. Provided
that the parties shall have the right to take proceedings in any other jurisdiction for the
purposes of enforcing the arbitral award.
If acceptance of your membership request or a particular service request takes place
within the Americas region, all disputes and matters relating to arbitration shall be
governed by the Federal Arbitration Act (9 U.S.C. §§1 et. seq.). Except to the extent
governed by applicable U.S. federal law, any transactions with VC and its Suppliers
shall be governed by the laws of the State of Texas, excluding its conflict of law rules.
Any and all claims, except claims for monies due to Vertu, arising out of or relating to
your membership and use of VC shall be barred unless an action or legal proceeding
is commenced within eighteen (18) months after the date you or Vertu knew or should
have known of the facts giving rise to such claim. Any dispute relating in any way to
your membership and use of VC, and any orders placed through VC, shall be
submitted (together with any counterclaims and disputes under or in connection with
other transactions and/or agreements between you and Vertu) to final and binding,
confidential arbitration to the Dallas, Texas office of the American Arbitration
Association (the “AAA”), with such arbitration to be held in Dallas County, Texas,
except that, to the extent you have in any manner violated or threatened to violate any
Vertu or Vertu affiliates’ or licensors’ intellectual property rights, Vertu may seek
injunctive or other appropriate relief in any state or federal court in the state of Texas
or, at Vertu’s option, any other appropriate state or country, and you consent to
exclusive jurisdiction and venue of such court. Arbitration under these Terms and
Conditions shall be conducted under the then prevailing Wireless Industry Arbitration
Rules of the AAA (except as such rules may be modified by the terms of these Terms
and Conditions), unless otherwise agreed in writing by the parties, and shall be heard
by a single arbitrator. Subject to any terms contained in these Terms and Conditions
limiting or excluding damages, the arbitrator may award any relief that the arbitrator
deems proper, including without limitation equitable relief, provided that no award of
exemplary, special, consequential or punitive damages shall be permitted. The
prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees
and the arbitrator’s fees and expenses, as applicable. The arbitrator’s award shall be
binding and may be entered as a judgment and enforceable in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, the
arbitration shall be conducted on an individual, not a class-wide basis, and no
arbitration under these Terms and Conditions shall be consolidated with or joined to
an arbitration involving any other person or entity, whether through class arbitration
proceedings or otherwise, without the prior written consent of you and Vertu.
Copyright © Vertu 2010. All rights reserved.
January 2010
Passive Near Field Communication Device
Your Vertu handset contains a Passive Near Field Communication device. This
device enables Vertu to verify the authenticity of the phone if it is presented at a Vertu
branded store or Vertu authorised service company.
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