Membership terms and conditions
Membership terms and conditions
This website and the services made available on this website are provided to you by Noise Festival Limited (“Noise”, “we”, “us” or “our”). We are a charity registered in England and Wales with charity number 1107181. Our registered office is at Chittenden Horley, 456 Chester Road, Manchester M16 9HD and our trading address is PO Box 4106, Manchester, M60 1WW.
You should print a copy of these Membership Terms or save them to your computer for future reference.
If you wish to contact us at any time in connection with these Membership Terms or if you have any complaints, please see our Contact Us page.
In these Membership Terms, when the following words with capital letters are used they shall have the meaning set out below:
Access Details: means the user name, password and/or such other security devices or details, in whatever form, issued to or selected by you, from time to time, in order to enable you to access and use the Services;
Confirmation Email: shall have the meaning given to it in clause 2.3;
Event Outside Our Control: has the meaning given to it in clause 14;
Free Subscription Package: means the “Free Rider” subscription package of Services offered by Noise free of charge via the Website, the details of which are set out on the Website;
Free Subscription Term: has the meaning given to it in clause 3.5;
Intellectual Property Rights: means copyright, rights in software, rights in databases, patents and rights in inventions, trade marks, rights in domain names, designs, know-how, trade secrets and other rights in confidential information, in each case whether registered or unregistered including applications for registration and the right to apply for registration for any of the rights listed above that are capable of being registered anywhere in the world, and all other rights having equivalent or similar effect anywhere in the world;
Member: a person who has registered with Noise as a member to receive the Services and you shall be a member where you have registered to become a member and have received the Confirmation Email;
Online Account: means the online account through which you access and use the Services as a Member;
Paid Subscription Package: means the paid for subscription package for either the “Rookie” or “Hot Shot” subscription package, the details of which are set out on the Website;
Paid Subscription Term: has the meaning given to it in clause 3.2;
Services: means the services made available or provided to you by or on behalf of Noise from time to time from or via the Website, whether as part of the Free Subscription Package or Paid Subscription Package;
Subscription Fees: means the annual fees payable in respect of your chosen Paid Subscription Package, as displayed on the Website;
Subscription Package: means either the Paid Subscription Package or Free Subscription Package for which you have subscribed, as set out in your Confirmation Email, the details of which are set out on the Website;
Subscription Term: means:
(a) in respect of the Paid Subscription Package, the Paid Subscription Term (as may be renewed by you in accordance with clause 3.4); or
(b) in respect of the Free Subscription Package, the Free Subscription Term;
Third Party Content: means any information, data, communication or other Works transmitted, uploaded, submitted, transferred, downloaded, accessed or otherwise made available using, through or in connection with the Website or the Services by any other Member or user of the Website;
User Content: means Your Content and/or Third Party Content;
You: means you, the individual registering to become a Member and the word “your” shall be construed accordingly;
Your Content: means any information, data, communication or other Works transmitted, uploaded, submitted, transferred, downloaded, accessed or otherwise made available using, through or in connection with the Website or the Services by you or on your behalf; and
Works: means any documents or materials in any form (including without limitation any prints, photographs, artwork, designs, graphics), audio and visual material in any form, including but not limited to videos and sound recordings.
- Registration Process
2.1 The way in which you can register to become a Member in order to receive and access the Services offered by Noise is set out on the Website. Please take the time to read and check your registration at each page of the registration process.
2.2 When you submit your registration, this does not mean we have accepted your registration. Our acceptance of your registration will take place as described in clause 2.3 below. If we are unable to supply you with the Services, we will inform you of this in writing and we will not process your registration.
2.3 After you submit your registration, you will receive an e-mail from us confirming that we have accepted your registration (the “Confirmation Email”), at which point a binding contract will come into existence between you and us.
2.4 When registering as a Member, you can select whether you would like any of your Works to be advertised for sale by following the instructions in your Online Account. Where you select any of your Works to be advertised for sale and a third party purchaser wishes to purchase any of your Works, the purchaser will be re-directed to a third party website which is not operated or controlled by Noise (a “Third Party Website”), which will handle of the sale of your Works to the purchaser.
2.5 The sale and distribution of your Works via the Third Party Website and the associated payment of any sale proceeds to you (if any) for such Works shall be handled by the operator of the Third Party Website and shall be subject to and governed by the terms and conditions as may be imposed by the relevant operator of the Third Party Website from time to time. You should read these third party terms and conditions carefully and make sure that you understand them before you select any of Your Content to be advertised for sale. Please note that commission may be payable to the Third Party Website and Noise in respect of the sale of your Works via the Third Party Website and such commission shall be deducted from the sale proceeds you receive in respect of the sale of the Works, as set out on the Website.
2.6 Noise shall not be responsible or liable for any loss or damage that you may suffer arising out of or in connection with the offer for sale, sale and/or distribution of any of your Works via the Third Party Website.
2.7 You may remove any of your Works from being advertised for sale on the Website at any time by deselecting the relevant Work from sale in your Online Account.
- Duration and renewal of Services
3.1 When registering as a Member, you may either subscribe for:
(a) a Paid Subscription Package; or
(b) a Free Subscription Package.
Paid Subscription Package
3.2 If you have purchased a Paid Subscription Package, we will begin to provide access to the Services from the date of the Confirmation Email and the Services will continue for a period of twelve (12) months (the “Paid Subscription Term”) unless the Services are cancelled earlier in accordance with clause 9 (Your Cancellation Rights) or clause 10 (Our Cancellation Rights).
3.3 Where you have purchased a Paid Subscription Package, we will notify you by email at least one calendar month prior to the date on which the Paid Subscription Term is due to expire (the “Expiry Date”) reminding you that the Services are due to terminate from the Expiry Date.
3.4 You can renew your Paid Subscription Package for a further Paid Subscription Term starting on the day following the relevant Expiry Date by clicking on the link provided and inserting the relevant payment details. If you choose not to renew your Paid Subscription Package, your Subscription Package will terminate from the Expiry Date unless and until you either downgrade your subscription to a Free Subscription Package or you renew your subscription for a Paid Subscription Package.
Free Subscription Package
3.5 If you have subscribed for a Free Subscription Package, we will begin to provide access to the Services from the date of the Confirmation Email and the Services will continue until they are cancelled in accordance with clause 9 (Your Cancellation Rights) or clause 10 (Our Cancellation Rights) (the “Free Subscription Term”).
4.1 Subject to these Membership Terms, Noise hereby grants you a personal, non-exclusive, non-transferable, revocable licence, during the Subscription Term, to access and use the Services.
4.2 Noise or its licensors as applicable retain all right, title, and interest relating to the Services, including without limitation all Intellectual Property Rights relating thereto.
4.3 Unless expressly set out in these Membership Terms, you may not lease, loan, pledge, rent, sell, sublicense or otherwise transfer, directly or indirectly, the Services, or any part thereof to a third party. You are prohibited from reselling or acting as an intermediary or service provider for the Services or any part thereof.
4.4 Noise reserves the right at its sole discretion, and with or without notice to you, to add or remove features or functions to or from the Services. We may need to carry out planned or emergency maintenance from time to time on the Website. You acknowledge that Noise may suspend your ability to use or access the Services without any notice to you, for the purposes of repair, maintenance, improvement, and/or upgrade of the Website. Noise will try to minimise the duration of any unavailability of any of the Services as a result of carrying out repair, maintenance, improvement and upgrades to the Website but Noise shall have no liability to you in respect of such unavailability. Where possible, Noise shall give notice to its Members of any planned maintenance.
4.5 In order to use certain parts of the Services, you may need to meet certain minimum system requirements, as specified by Noise on the Website, which include, but are not limited to, certain minimum browser requirements, in order for certain features of the Services to function properly.
- Your Obligations in respect of the Services
5.1 You must:
(a) comply with all applicable laws, regulations and codes of practice with respect to your use of the Services;
(b) not use the Services in a way which is unlawful, defamatory, obscene, indecent, offensive or threatening or which infringes the Intellectual Property Rights of any third party; and
(c) not distribute or transmit any viruses, worms, Trojan horses or any other technologically harmful data, programs or software through, via or using the Services.
5.2 If you are under the age of 16, you must get permission from your parent or guardian to register as a Member, as set out on the Website. Certain services are only available to Members who are over the age of 18, as set out on our Website.
5.3 You must keep your Access Details confidential and secure. You are solely responsible for all activity occurring under or using your Access Details. You must inform us immediately in writing of any loss, misuse or unauthorised use of your Access Details.
5.4 Noise has no obligation or responsibility in respect of the use, distribution, disclosure or management of your Access Details by you. Noise will not be liable for any loss or damage that you may incur as a result of someone else using your Access Details, either with or without your knowledge.
- Your Content
6.1 You hereby grant to Noise, for the purpose of providing the Services, a non-exclusive, worldwide, royalty-free, fully-paid, transferable licence to host, cache, copy, display, transmit, upload, transfer, download and distribute Your Content in connection with your use of the Services. You also consent to us using Your Content in ani media for the purpose of promoting and publicising the Services. Where we propose to use Your Content, where possible, we will notify you.
6.2 You must only publish, upload or otherwise distribute Your Content in connection with the Services which you own or have permission to use.
6.3 You must obtain all necessary licences, permissions and consents required for you to publish, upload or otherwise distribute Your Content and for Noise to access, use and process such of Your Content for the purposes of providing the Services.
6.4 You will not publish, post, upload, submit, link to or otherwise distribute or transmit any of Your Content that:
(a) infringes or would infringe any third party Intellectual Property Rights or any rights to privacy;
(b) does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity;
(c) you do not have the necessary rights, consents and permissions to do so;
(d) is used to impersonate, or to misrepresent your identity or affiliation with any person;
(e) is likely to deceive or mislead any person;
(f) promotes, solicits or contains abusive, defamatory, violent, harassing, indecent, obscene, pornographic, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material, or which is harmful to minors;
(g) contains corrupted files, time bombs, Trojan horses, viruses, worms or any other technologically harmful data, programs or software; or
(h) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
6.5 We reserve the right to remove any of Your Content without notice if we receive notice that, or if in our opinion, such of Your Content does not comply with the provisions of clause 6.4 set out above.
6.6 We also have the right to disclose your identity to any third party who claims that any of Your Content is unlawful, untrue or defamatory, or constitutes a violation of their Intellectual Property Rights, or of their right to privacy, or is in breach of any legal duty owed to that third party.
6.7 By uploading or otherwise making available Your Content to our Website or via the Services, you agree that you will provide to us at our request all information and assistance that may be reasonably necessary, including but not limited to providing documents or correspondence (where available), in connection with any complaint received, or claim or proceedings brought by, a third party in respect of Your Content. We may also disclose your identity and/or Your Content or any part thereof to any legal, regulatory or other administrative body of competent jurisdiction in connection with any such complaint, claim or proceeding.
6.8 You acknowledge that by uploading Your Content to the Website or otherwise making Your Content available using the Services, Your Content will be visible to and accessible by third parties.
6.9 You have sole responsibility for the legality, reliability, integrity, accuracy, completeness and quality of Your Content and Noise has no responsibility or liability for the legality, reliability, integrity, accuracy, completeness or quality of Your Content.
6.10 You are responsible for making and keeping back-up copies of all Your Content uploaded or otherwise used or accessed by you in using the Services. We recommend that you do not upload original copies of your Works and that you ensure that you have a copy of all Works that you submit or upload to the Website.
6.11 To the fullest extent permitted by applicable law, Noise shall not be responsible or liable for any loss, deletion or corruption of any Content which may arise out of or in connection with your access to or use of the Services.
6.12 Without prejudice to clause 6.11, in the event that any of Your Content is lost, deleted, corrupted or damaged in any way and howsoever arising, on your request, Noise will use reasonable commercial efforts to restore such of Your Content from the most recent back-up copy in Noise’s possession (if any) and this will be Noise’s sole liability to you in respect of any such loss, deletion, corruption or damage of or to Your Content. For the avoidance of doubt, Noise shall not be liable for any loss, deletion, corruption or damage of or to Your Content (or for restoring the same) which may arise out of or in connection with any act, omission or error by you.
- No Liability for User Content
7.1 Noise does not monitor, screen, verify or endorse User Content. To the fullest extent permitted by applicable law, Noise shall not be responsible or liable for any User Content, including without limitation any:
(a) User Content that is uploaded, transmitted, sent, received or held by you in connection with the Services, or otherwise connected in any respect to your use of the Services;
(b) access to or alteration of User Content by you or any third party;
(c) User Content which is defamatory, illegal, obscene, offensive or threatening;
(d) User Content which infringes any third party rights, including without limitation any Intellectual Property Rights, rights of confidentiality or rights to privacy;
(e) User Content which does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity; or
(f) User Content which contains corrupted files, time bombs, Trojan horses, viruses, worms or any other technologically harmful data, programs or software.
7.2 We reserve the right to remove from the Website without notice any User Content if we receive notice that, or if in our opinion, any such User Content does not comply with the provisions of clause 7.1 above.
7.3 Noise shall not be responsible or liable for:
(a) any failure to upload, store or transmit Your Content; or
(b) any failure to receive transmission of, download, view or access, any User Content; or
(c) the security or confidentiality of any of Your Content uploaded, stored or transmitted by you in connection with your use of the Services.
7.4 You acknowledge that any reliance by you upon any Third Party Content shall be at your sole risk and that Noise shall be liable for any loss or damage you may suffer as a result of your use of or reliance upon any Third Party Content. Any Third Party Content made available by any third party in connection with the Services represents solely the views of such third party and does not represent the views of Noise.
- Subscription Fees, Payment and Changes
8.1 The Subscription Fees payable for the use of the Services are set out on the Website. The methods by which you can pay for the Services are set out on the Website.
8.2 If you have subscribed for a Paid Subscription Package, the Subscription Fees payable during the Paid Subscription Term shall be payable in full in advance at the beginning of the Paid Subscription Term.
8.3 Unless otherwise specified on the Website, all Subscription Fees must be paid in Pounds sterling and all Subscription Fees shown include VAT.
8.4 We reserve the right to change the Subscription Fees displayed on the Website for use of the Services from time to time but any changes will not affect any current Paid Subscription Package for which you have already paid. Changes in Subscription Fees will take effect on the renewal of a Paid Subscription Package.
8.5 The provisions of clause 8.1 to 8.4 do not apply to you if you have subscribed for a Free Subscription Package.
8.6 You may upgrade your Subscription Package at any time via your Online Account. If you upgrade your Subscription Package and pay the relevant fees in accordance with this clause 8.6, the upgraded Subscription Package will take effect immediately upon payment of the relevant fees for a full new Paid Subscription Term. If you upgrade from a Free Subscription Package to a Paid Subscription Package, the Subscription Fees payable for the Subscription Package to which you have chosen to upgrade shall be payable, as set out on the Website. If you upgrade from a Paid Subscription Package to a higher Paid Subscription Package, additional Subscription Fees will apply, as follows:
(a) if you upgrade to a higher Subscription Package at the beginning of a Paid Subscription Term, the Subscription Fees payable will be the Subscription Fees for the Subscription Package to which you have chosen to upgrade, as set out on the Website;
(b) if you upgrade to a higher Subscription Package part way through a Paid Subscription Term, we will credit you for the proportion of Subscription Fees already paid by you relating to the remaining unused term of your current Paid Subscription Term by deducting this amount from the Subscription Fees payable for the higher Subscription Package, as follows. The Subscription Fees payable for the higher Subscription Package will be the amount of the Subscription Fees payable for the Subscription Package to which you have chosen to upgrade (as set out on the Website) less a sum equal to a proportion of the Subscription Fees already paid by you in respect of the remaining unused term of your current Paid Subscription Term, which shall be calculated on a pro rata basis.
8.7 You may downgrade your Paid Subscription Package at any time via your Online Account. However, such downgrade will only take effect from the expiry of your current Paid Subscription Term. Please note that no refund will be payable if you downgrade your Paid Subscription Package during the Paid Subscription Term.
- Your Cancellation Rights
9.1 You have a period of up to 7 (seven) working days from the date of the Confirmation Email to cancel your subscription for a Paid Subscription Package (the “Cancellation Period”).
9.2 During the Cancellation Period, if you change your mind or for any other reason you decide you do not wish to use or receive the Services for which you have subscribed, you can cancel the subscription by emailing Noise at firstname.lastname@example.org clearly stating that you wish to cancel your subscription. If you cancel your subscription in accordance with this clause 9, you will receive a full refund of the Subscription Fees you have paid for the relevant Paid Subscription Package. We will provide you with a refund via the same payment method you used when subscribing for the Paid Subscription Package. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you cancelled your subscription using the process set out in this clause.
9.3 However, the cancellation right set out above in clauses 9.1 and 9.2 will not apply if you use or access the Services during the Cancellation Period. In this case, in order to cancel the Services you must follow the relevant cancellation procedure set out in clause 9.4 or clause 9.5 below.
9.4 Where you have subscribed for a Paid Subscription Package, once we have started to provide the Services to you, you may cancel the Services at any time by closing your Online Account. Please note however that, unless you have terminated the Services under clause 9.2, we are unable to provide a refund of any Subscription Fees paid by you for the Paid Subscription Term.
9.5 Once we have started to provide the Services to you, you may cancel the Services with immediate effect by giving us written notice if:
(a) we breach these Membership Terms in any material way and we do not correct or remedy the breach within 30 days of you asking us to in writing;
(b) we go into liquidation or a receiver or an administrator is appointed over our assets; or
(c) we are affected by an Event Outside Our Control which continues for longer than six weeks.
9.6 If you cancel the a Paid Subscription Term because we have breached these Membership Terms in a material way and have not corrected or remedied the breach within 30 days of you asking us to do so in accordance with clause 9.5(a), we will refund to you a proportion of the Subscription Fees paid by you in respect of the relevant Paid Subscription Package, such amount to be calculated pro rata by reference to the remaining unused term of the Paid Subscription Term.
9.7 Where you have subscribed for a Free Subscription Package, you may terminate the Services at any time (whether before or after the Services commence) for any reason closing your Online Account.
9.8 As a consumer, nothing contained in these Membership Terms will affect any legal rights you may have in relation to the Services. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- Our Cancellation Rights
10.1 We may terminate or suspend your access or use of the Services and your Online Account immediately without liability by giving you notice in writing if:
(a) you breach any of the Membership Terms in a material way and (if such a breach is remediable) you do not correct or remedy that breach within 30 days of us notifying you in writing of the breach; or
(b) we are affected by an Event Outside Our Control which continues for longer than six weeks
- Consequences of Cancellation
11.1 Upon cancellation of the Services for any reason in accordance with these Membership Terms, you must immediately cease using the Services.
11.2 Your rights to access the Services and your Online Account and any and all of Your Content submitted to or accessed by you in connection with the Services shall terminate immediately upon cancellation of the Services in accordance with these Membership Terms and Noise reserves the right to delete any such of Your Content which may be in Noise’s possession or control following such cancellation
- Our liability
12.1 If we fail to comply with these Membership Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Membership Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into these Membership Terms.
12.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity suffered by you as a result of the use of the Services.
12.3 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Membership Terms will affect these legal rights.
12.4 Noise does not exclude or limit in any way its liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
12.5 Noise shall not have any liability for your inability to connect to or to access Services which may result from any faults, errors or problems relating to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem.
- Your liability
13.1 You shall reimburse Noise in respect of any claims, actions, proceedings, losses, damages, expenses, costs (including any legal and other professional fees), fines and penalties arising out of or in connection with:
(a) any use of the Services by you not in accordance with these Membership Terms;
(b) any breach by you of your obligations under clause 5 and/or clause 6 of these Membership Terms; and
(c) any of Your Content which you may publish, post, upload, record, link to or otherwise distribute or transmit from time to time in connection with your use of the Services.
- Events outside of our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Membership Terms that is caused by an Event Outside Our Control.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure or interruption of public or private telecommunications networks or the Internet.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Membership Terms:
(a) we will notify you as soon as reasonably possible; and
(b) our obligations under these Membership Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
14.4 You may cancel the Services if an Event Outside Our Control continues for longer than six weeks pursuant to clause 9.5(c) and you no longer wish us to provide the Services. We will only cancel the Services if the Event Outside Our Control continues for longer than six weeks in accordance with our cancellation rights in clause 10.
- Amendments to these Membership Terms
15.1 We may amend these Membership Terms from time to time. We will give you notice of any amendment by email. If you do not agree to any of the amendments to the Membership Terms, you may terminate the Services by closing your Online Account in accordance with clause 9.4 where you have subscribed for a Paid Subscription or in accordance with clause 9.6 where you have subscribed for a Free Subscription.
- How we use your personal information
- Use of our Website
17.1 Your use of our Website is governed by our Terms of Website Use. You acknowledge that you have accessed and read the Terms of Website Use and agree to the terms set out therein.
18.1 When we refer, in these Membership Terms, to "in writing", this will include e-mail. If you wish to contact us in writing, or if any clause in these Membership Terms requires you to give us notice in writing, you can send this to us by e-mail, by hand or by pre-paid post to the relevant address set out in our Contact Us page.
18.2 We may contact you from time to time in connection with your use of the Services or the administration of your Online Account. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand or by pre-paid post to the address you provide to us when you registered to become a Member.
18.3 The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications you send to us and Noise shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications.
- Other important terms
19.1 We may assign, delegate, sub-contract or transfer any of our rights and/or obligations under these Membership Terms to any third party. We will notify you in writing if this happens, but this will not affect your rights under these Membership Terms. You may only transfer your rights or your obligations under these Membership Terms to a third party if we agree in writing.
19.2 These Membership Terms are entered into between you and Noise. No other person shall have any rights to enforce any provision contained in these Membership Terms.
19.3 Each of the provisions of these Membership Terms operates separately. If any court, relevant authority or other administrative body of competent jurisdiction decides that any of the provisions in these Membership Terms (or part-provision) is unlawful, unenforceable or invalid, the remaining provisions will remain in full force and effect.
19.4 If we fail to insist that you perform any of your obligations under these Membership Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.5 Nothing in these Membership Terms is intended to or shall operate to create a partnership between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any.
- Governing law
20.1 These Membership Terms are governed by English law. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with these Membership Terms. Where you are resident in Scotland or Northern Ireland you may seek redress in the courts of Scotland or Northern Ireland as applicable under the laws that apply in that country.