BY USING THE www.47brand.co.uk WEBSITE (“SITE”), YOU ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS” OR “TERMS AND CONDITIONS’). If you do not agree to these Terms, you may not access or otherwise use the Site.

These Terms and Conditions govern your access to and use of the Site only. If you purchase products from us through the Site, your purchase is separately governed by our Terms of Sale and Returns Policy, which you should read carefully before placing an order. In the event of any conflict between these Terms and Conditions and the Terms of Sale in relation to a product purchase, the Terms of Sale will prevail.

The Site is owned and operated by ’47 Brand Europe Limited, a company incorporated in England and Wales with company number 07567616, whose registered office is at 1st Floor East, Cbx 2, Midsummer Boulevard, Milton Keynes, MK9 2EA (“47 Brand”, “we”, “us” and/or “our”). You can contact us at customer.care@47brand.eu, by telephone at +44 1908 410435, or by post at the above address. Our VAT registration number is GB109231542. We may update these Terms from time to time by posting updated Terms on the Site and/or by contacting registered users by email with details of the applicable changes. Any changes will apply only from the date specified and to future use of the Site and future purchases after such date. Where required by applicable law, we will provide reasonable notice of material changes. If you do not agree to any changes to these Terms, you must stop accessing and/or using the Site.

Nothing in these Terms shall exclude or limit any consumer rights that cannot be excluded or limited under applicable law, including under the Consumer Rights Act 2015 (UK) or applicable EU consumer protection legislation.

Your use of the Site is also governed by our Privacy Policy and Cookie Policy, which explain how we collect, use and protect your personal data. Please review these policies carefully before using the Site.

The Site is not directed at individuals under the age of 18. If you are under 18 years of age, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By permitting a minor to use the Site, the parent or legal guardian assumes full responsibility for that minor’s use of the Site, including all financial charges and legal responsibility. If you are a parent or guardian and become aware that your child has provided personal data without your consent, please contact us using the details set out in these Terms.

Ownership of Content, Trademarks and Intellectual Property
To the extent permitted by applicable law, 47 Brand owns, controls, or licenses all right, title and interest in and to the Site and all content featured or displayed on the Site, including, but not limited to, text, images, moving images, photographs, illustrations, graphics, visuals, audio, video, copy, software, software code, data, and the look and feel, design and organization of the Site (“Content”), and the compilation of the Content, including but not limited to any copyrights, trademark rights, trade dress rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. The Site, its Content and all related rights shall remain the exclusive property of 47 Brand or its licensors or content providers.

Your use of the Site does not grant to you ownership of, or a license to, any Content, compilation or intellectual property you may access on the Site. You may view the Content on the Site on your computer or other Internet compatible device, and make a single copy or print of the Content on the Site for your personal, internal, non-commercial use only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Site. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site. For purposes of these Terms, the use of any such Content, portion or element on any other website or networked computer environment is prohibited.

All trademarks, service marks and trade names of 47 Brand used on the Site (including, but not limited to the registered marks ’47, ’47 Brand, Clean Up, ’47 Hitch, and 47 Brand’s registered logo, visor stickers, and tags) are trademarks or registered trademarks of 47 Brand or its affiliates, unless stated otherwise. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express prior written permission of 47 Brand, or the owner of any third party trademark. Your unauthorized use or misuse of the trademarks displayed on the Site is strictly prohibited.

Any commercial distribution, publishing or exploitation of any Content or any portion or element of the Site is strictly prohibited unless you have received the express prior written permission of 47 Brand or the applicable rights holder. We will enforce our intellectual property rights to the fullest extent of the law.
Nothing in these Terms restricts any rights you may have under applicable copyright or other intellectual property laws, including any statutory exceptions or permitted acts under the Copyright, Designs and Patents Act 1988 (UK) or equivalent applicable legislation.

Unsolicited ideas
Information submitted or provided to us through the Site regarding 47 Brand or the Site or 47 Brand’s products, including but not limited to submission of ideas for new products, inventions, and designs (“Ideas”), shall be deemed to be non-confidential, and 47 Brand shall be free to copy, reproduce, use, disclose, distribute and commercially exploit such Ideas in any manner, without limitation or attribution. This section does not apply to personal data, which is processed in accordance with our Privacy Policy and applicable data protection laws.

User Conduct
You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use the personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (d) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, filthy, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (e) attempt to gain unauthorized access to other computer systems through the Site; (f) restrict or inhibit any other user from using and enjoying the Site or the Site’s services; (g) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload, post, transmit, reproduce, distribute or otherwise publish material containing (1) a virus, spyware, or other harmful component; (2) advertising, chain letters or pyramid schemes of any kind; or (3) information which would constitute or which contains false or misleading indications of origin, endorsement or statements of fact.

In addition, you shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iii) use the Site or the Site’s services in violation of any applicable law; or (iv) use any Content, data, or information from the Site or derived from the Site to develop, create, train, test, fine-tune, prompt, benchmark, or otherwise improve or validate (a) any machine learning or artificial intelligence tools, models, systems, algorithms, or products, or (b) any other technologies. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof.

We may, from time to time, make a messaging service, chat service, bulletin board, other forums and the like available on the Site. Use of any such services is subject to the prohibitions above and any other rules or regulations that we may post in connection with such a service, bulletin board or forum.

You alone are responsible for the content and consequences of any of your activities. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms, our policies or applicable law. If you believe that any content posted by a user on the Site constitutes illegal content, you may submit a notice to us at legal.requests@neweracap.com containing the following information: (1) a sufficiently substantiated explanation of the reasons why you allege the content in question to be illegal; (2) a clear indication of the exact electronic location of the content, such as the exact URL or URLs, and, where necessary, additional information enabling identification of the illegal content; (3) your name and email address; and (4) a statement confirming your bona fide belief that the information and allegations contained in the notice are accurate and complete. We will process such notices in accordance with applicable law.

You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time for any reason.

Third Party Websites
You may be able to link from the Site to third party websites or from third party websites to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

We are not liable for Linked Sites. We do not guarantee or make any representation regarding the standards or conduct on any Linked Sites, nor shall we be held responsible for the contents of Linked Sites, or any subsequent links. For this reason, we do not represent or warrant that the contents of any Linked Site or other third party website is accurate, compliant with applicable local law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site or other third party website is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

• Nothing in this section limits any rights you may have under applicable consumer protection laws.
  Website Disclaimer
  47 Brand aims to keep the content on this website and any linked sites as accurate, complete, and up to date as reasonably possible. However, please be aware of the following:
• Website content: While we do our best to ensure the information on this site is reliable, we cannot guarantee that all content, information, and materials are always fully accurate, complete, or current.
• Uninterrupted access: We strive to provide a smooth browsing experience, but we cannot promise that access to this site or any linked sites will always be uninterrupted or entirely free from errors. If issues arise, we will endeavour to address them promptly.
• Security: We take reasonable steps to keep this site safe, but we cannot guarantee that the site is entirely free from viruses or other harmful components. We recommend that you use up-to-date antivirus software when browsing online.
• Content provided as-is: The content and materials on this site are provided in good faith. However, to the extent permitted by law, we are unable to give formal warranties — whether express or implied — regarding matters such as non-infringement, security, or fitness for a particular purpose.

Nothing in this disclaimer limits any rights you may have under applicable consumer protection laws.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 47 BRAND’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE (AS AN INFORMATION SERVICE), INCLUDING WITHOUT LIMITATION CLAIMS RELATING TO INACCURATE CONTENT, SERVICE INTERRUPTIONS OR THIRD PARTY LINKS, SHALL NOT EXCEED £100 (OR, FOR EU CONSUMERS, €100). THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM YOUR PURCHASE OF GOODS THROUGH THE SITE, WHICH IS GOVERNED BY OUR TERMS OF SALE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Compensation
To the fullest extent permitted by applicable law, you shall compensate 47 Brand and its affiliates, officers, directors, employees, and agents for all losses, expenses, liabilities, damages and costs (including reasonable legal costs) we may incur, arising from: (i) your use of the Site in breach of these Terms; (ii) any content, information, or materials you submit through the Site; or (iii) your violation of any applicable law or the rights of any third party. Nothing in this clause affects your statutory rights as a consumer.

Applicable Laws
We control and operate the Site from our offices in England. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination
We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. We may restrict, suspend or terminate your access to the Site and/or its services if you breach these Terms, violate any applicable law, or for any other valid reason. Where required by applicable law, we will provide you with reasonable prior notice of, and reasons for, any decision to restrict, suspend or terminate your access to the Site and/or its services, and will give you an opportunity to respond before such decision takes effect.

Dispute Resolution
If you have a complaint about the Site, its content or its operation, please contact us in the first instance at legal.requests@neweracap.com. If your complaint relates to a product or order placed through the Site, please refer to the complaints process in our Terms of Sale. We will endeavour to resolve complaints relating to the Site within thirty (30) days of receipt. These provisions are without prejudice to your right to commence proceedings before the competent courts as set out in the Governing Law section below.

Governing Law
These Terms and the relationship between you and us shall (except as may be otherwise specified by law) be governed by the laws of England and Wales, and you agree that the courts of England and Wales shall have non-exclusive jurisdiction in relation to any disputes between us in relation to these Terms or the sale of any goods by us to you. This choice of law does not, however, deprive any consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence. If you are a consumer, you may therefore also bring proceedings before the courts of your country of habitual residence.

Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Intellectual Property Infringement Notification
To report content on the Site that you believe infringes your copyright or other intellectual property rights, please send a written notice to legal.requests@neweracap.com including: (1) a description of the intellectual property right you believe has been infringed; (2) the URL or other precise location of the allegedly infringing content on the Site; (3) your name and contact details; and (4) a statement that you have a good faith belief that the use is not authorised by the rights holder, their agent, or applicable law. Please note that submitting a false or misleading notice may result in liability under applicable law.

In addition, for matters subject to the jurisdiction of the United States, you may file a copyright infringement notification pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) by sending a written communication to legal.requests@neweracap.com with the word “Copyright” in the subject line. Any such notification must comply with the requirements of Section 512(c)(3) of the DMCA. Please consult your legal counsel for further details. Please also note that the information provided in any notice submitted under this section may be forwarded to the person who provided the allegedly infringing content.

How you can contact us
If you have any questions or comments about the Site or any of our services, please write to us at: legal.requests@neweracap.com.

Last updated 25/06/2026

47 Brand Messaging Terms & Conditions

47 Brand Europe Limited (hereinafter, "47 Brand," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and the 47 Brand Privacy Policy.

BY OPTING IN TO OR PARTICIPATING IN ANY OF OUR PROGRAMS, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS (THE “AGREEMENT”), INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION, AS DETAILED IN THE "DISPUTE RESOLUTION" SECTION BELOW.  THIS AFFECTS YOUR RIGHTS ABOUT HOW YOU MAY RESOLVE DISPUTES AND IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW CAREFULLY.

By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, or other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party. If you have requested to receive SMS with a desire to bring legal claims against Us or any vendors acting on our behalf, then you shall immediately unsubscribe using the instructions set forth below and agree to indemnify Us and/or those vendors for any expenses, including attorneys' fees, associated with defending such claims.

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In.

• Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from 47 Brand, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else's, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
  
• Consent to Receipt of Electronic Information and E Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting-in to Our texting program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at customer.care@47brand.co.uk. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
  
• Disclosure of Data to Identify Device and Prevent Fraud. Further, You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, 47 Brand or Our service provider(s), including Klaviyo, Inc., to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. See our Privacy Policy for how we treat your data.
  
  

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that 47 Brand and its service providers will not have liability for failing to honour requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out.

3. Other Terms and Policies. You also agree to the 47 Brand Terms and Conditions and 47 Brand Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.

5. AI-Generated Message Content: You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. Some of these messages may be tailored to your interests based on information available to Us. By enrolling in the program and checking the box agreeing to receive offers, updates, and promotions via SMS, which may include AI-Generated content, You agree to the use of such AI.

6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at customer.care@47brand.co.uk. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

8. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. 47 Brand, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

11. Contact. This Program is a service of 47 Brand Europe Limited, located at 1st Floor East CBX2, Midsummer Boulevard, Milton Keynes, MK9 2EA, England.

12. Age Restriction: You may not use or engage with the Platform if you are under eighteen (18) years of age (or at least the legal age to contract in the jurisdiction where you reside, if higher than 18). You represent and warrant that you are domiciled in the European Union/ United Kingdom or a designated territory to which we conduct product deliveries, and you are eighteen (18) years old or older (or at least the legal age to contract in the jurisdiction where you reside, if higher than 18).  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's applicable law to use and/or engage with the Platform.

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the European General Data Protection Regulation (“GDPR”) as transposed into the laws of the United Kingdom (“UK GDPR”), Data Protection Act 2018, Data Use and Access Act 2025  ); and
• Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
  
  

14. Direct marketing Laws: To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable direct marketing laws, including, but not limited to the Privacy and Electronic Communications (EC Directive) Regulations 2003 and ePrivacy Directive (Directive 2002/58/EC).

15. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

Our Customer Service Specialists are ready to assist you and address your concerns—email us at: customer.care@47brand.co.uk.

PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND PARTICIPATE IN ANY FORM OF CLASS ACTION.  YOU AND 47 BRAND ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTERNATIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND 47 BRAND, OR BETWEEN YOU AND KLAVIYO, INC. OR ANY OTHER THIRD-PARTY SERVICE PROVIDER ACTING ON OUR BEHALF TO TRANSMIT THE MOBILE MESSAGES WITHIN THE SCOPE OF THE PROGRAM, ARISING FROM OR RELATING IN ANY WAY TO FEDERAL OR STATE STATUTORY CLAIMS, COMMON LAW CLAIMS, THIS AGREEMENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, EXISTENCE, OR VALIDITY THEREOF, INCLUDING THE VALIDITY, DETERMINATION OF THE SCOPE, APPLICABILITY OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE ("DISPUTE"), SUCH DISPUTE SHALL BE REFERRED TO BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (“ARBITRATION AGREEMENT”).

The arbitration will be administered by the London Court of International Arbitration (“LCIA”) in accordance with the LCIA Arbitration Rules (the “LCIA Rules”), which LCIA Rules are deemed to be incorporated by reference into this Arbitration Agreement, except as modified by this Section 15. 

The number of arbitrators shall be one.

The seat, or legal place, of arbitration shall be London.

The language to be used in the arbitral proceedings shall be English.

The governing law of the Agreement shall be English law.

The arbitrator(s) will have exclusive jurisdiction to resolve any Dispute, including relating to arbitrability and/or
enforceability of this Arbitration Agreement, including any unconscionability challenge or any other challenge that the Arbitration Agreement or this Agreement is void, voidable, or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator(s) may award reasonable fees to you under the standards for fee shifting provided by law.

You agree to an arbitration on an individual basis. In any Dispute, NEITHER YOU NOR 47 BRAND WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. The arbitral tribunal may not consolidate more than one customer’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no jurisdiction to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this section is found unenforceable, the unenforceable provision will be severed, and the remaining terms of this section will be enforced. This Arbitration Agreement shall survive any cancellation or termination of your Agreement to participate in any of Our Programs.

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.