Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.
Section 14 (MODIFICATION AND TERMINATION): The first paragraph of this section is deleted and replaced with the following:
To the fullest extent permitted by applicable laws, SET may for valid reasons such as changes in the legal regulation, imposition of specific obligations by the authorities, improvement of the operation of the Services, Products or Experiences, business decisions etc. terminate or modify all or part of any Services, including member programs, Product offerings, and Experiences at any time. If required under applicable laws, user will be notified of those changes. All modifications and additions to the Services, Product offerings, and Experiences will be governed by these Terms, unless otherwise expressly stated by SET in writing.
NETHERLANDS
Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.
Section 10 (INDEMNIFICATION): This section is deleted and not replaced.
POLAND
Section 1 (TERMS APPLICABLE TO YOU): the subsection titled “Updates” is subject to the following restrictions:
1. We may update these Terms from time to time due to the following reasons: changes in legal regulations that directly affect the content of these Terms; imposition of specific obligations by state authorities; improvement of the operation of the Services, Products or Experiences; improvement of privacy protection; prevention of abuse; security considerations; technological and functional changes; changes in the scope of services provided, including the introduction of new ones; or editorial changes.
2. At least 30 days before the change takes effect, SET must send you a written notice, written in a clear and legible manner, setting out reasons for introducing the change, the new clause and the effective date of the change; and
3. You may reject the amendment and cancel the contract or, where the contract involves performance in stages, cancel the contract without payment of costs, penalties or damages for cancellation by sending SET a notice to that effect no later than 30 days after the amendment comes into force if the amendment involves an increase in your obligations or a reduction in SET’s obligations.
Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.
Section 11 (RELEASE): This section is deleted and not replaced.
Section 14 (MODIFICATION AND TERMINATION): This section is deleted and replaced with the following:
SET may terminate or modify all or part of any Services, including member programs, Product offerings, and Experiences at any time and in accordance with Section 1. All modifications and additions to the Services, Products offerings, and Experiences will be governed by these Terms, unless otherwise expressly stated by SET in writing.
SET may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services or your ability to participate in Experiences at any time and for any reason, in accordance with sub-section “Updates,” while retaining acquired your rights, subject to applicable law.
These Terms remain in effect even after your account is closed, terminated, or suspended or you have otherwise stopped using the Services and stopped participating in Experiences.
Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following:
The Services, Terms, and any dispute between you and SET shall be governed in all respects by Polish law.
All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Services shall be resolved in the courts competent under applicable law.
You have the right to lodge a complaint regarding the functioning of the Services, Products or Experiences. Complaints may be lodged in any way that makes it possible to familiarize oneself with its content. SET shall consider the complaint within 30 days of its receipt. The response to the complaint shall be sent to You at the address provided by You in the complaint.
Disputes between SET and the consumer concerning the provision of Services, Products, or Experiences may be concluded amicably by way of proceedings before a conciliation court under the rules set out in the regulations of that court, e.g. before permanent conciliation consumer courts at provincial trade inspection inspectors referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection, under rules laid down in the Regulation of the Minister of Justice of 6 July 2017 on defining the rules of organization and operation of permanent arbitration courts at provincial inspectors of trade inspection.
SPAIN
Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.
Section 11 (RELEASE): This section is deleted and replaced with the following:
To the fullest extent permitted by applicable law, you, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the SET Parties from any and all claims or causes of action you may have for damages arising from or relating to these Terms, the Services, Products, or Experiences, provided that such claims or causes of action for damages arising from or relating to these Terms or the Services, are solely attributable to you and your use of these Terms or the Services. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Section 12 (WARRANTIES; DISCLAIMERS): The following sentence is added at the end of this section:
The foregoing disclaimer of warranty does not apply to any statutory warranty.
Section 14 (MODIFICATION AND TERMINATION): The first paragraph of this section is deleted and replaced with the following:
To the fullest extent permitted by applicable laws, SET may for valid reasons such as changes in the legal regulation, imposition of specific obligations by the authorities, improvement of the operation of the Services, Products or Experiences, business decisions etc. terminate or modify all or part of any Services, including member programs, Product offerings, and Experiences at any time. If required under applicable laws, user will be notified of those changes. All modifications and additions to the Services, Product offerings, and Experiences will be governed by these Terms, unless otherwise expressly stated by SET in writing.
SWITZERLAND
Section 4 (USER CONTENT): The second paragraph of the subsection titled “License to Use” is deleted and not replaced.
Section 16 (DISPUTES, JURISDICTION, VENUE): This section is deleted and replaced with the following:
You agree that the Services, Terms, and any dispute between you and SET shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except to the extent mandatory law provides otherwise, you agree that all disputes arising directly or indirectly out of or in connection with the Services and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland.
UNITED KINGDOM
Section 10 (INDEMNIFICATION): This sectionis deleted and replaced with the following:
To the fullest extent permitted by applicable law, you will indemnify and hold harmless SET Active and its affiliates, and their officers, managers, directors, members, shareholders, employees and agents (the “Released Parties”) from and against all losses suffered or incurred (including reasonable attorneys’ fees), arising from or relating in any way to (i) your access to or use of the Services or Products in breach of these Terms; (ii) your access to or participation in Experiences in breach of these Terms; (iii) your User Content or Feedback; or (iv) your violation of these Terms, any law or the rights of any third party (including intellectual property rights or privacy rights). The Released Parties will have control of the defense or settlement, at the Released Parties’ sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SET or the other Released Parties.
Section 12 (WARRANTIES, DISCLAIMERS): This section is deleted and replaced with the following:
To the maximum extent permitted by applicable law, your use of our Services and Products and your participation in Experiences, and any content or materials provided therein or therewith is at your risk. Except as otherwise provided in writing by us and to the fullest extent permitted under applicable law, our Products, Services, Experiences and any content or materials provided therein or therewith are provided “AS IS” and “AS AVAILABLE” without any representation or warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, SET does not represent or warrant that our Products, Services, Experiences, or any content provided therein or therewith are accurate, complete, reliable, current, or error-free, that access to our Services or any content provided therein or therewith will be uninterrupted. SET is not responsible for any damage to your Device resulting from accessing the Services, for your interactions with other users of the Services or other Experience participants, or for any damage or harm you may experience because of these interactions. We hope you enjoy and get the full benefit of the Services, Products, and Experiences; however, we do not guarantee any results. The foregoing disclaimer of warranty does not apply to any product or manufacturer warranty expressly offered by SET and/or any third-party manufacturer of Products.
Section 13 (LIMITATION OF LIABILITY): This section is deleted and replaced with the following:
The total liability of SET and the Released Parties for any claim arising out of or relating to these Terms of Use, regardless of the form of the action, is limited to the amount paid by you for the affected Product, unless you can demonstrate that the actual losses suffered by you are higher in which case SET will be liable to compensate the actual losses suffered and adequately demonstrated by you, provided that SET’s total liability will be limited to EUR 10,000. In respect of any Services for which no fee is payable, SET’s total liability will be limited to EUR 10,000.
The limitations set forth in this Section 13 will not limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or willful misconduct of SET or any of the Released Parties or for any other matters in which liability cannot be excluded or limited under applicable law including breach of the terms implied by section 12 of the Sale of Goods Act 1979 and liability for defective products under the Consumer Protection Act 1987 and the Consumer Rights Act 2015.
To the extent permitted by law and unless otherwise stated in these Terms of Use, we exclude liability for any indirect or consequential damages, including without limitation for any loss of turnover, loss of profit, loss of goodwill, missed opportunities or loss of data.