This document
describes the terms and conditions that govern your use of NOA, including the
NOA web site and mobile applications (collectively, “NOA Service”), offered by
NOA News Limited ("NOA", “our” or “we”), a Dublin, Ireland based
company.
1.
Definitions
Before you continue
we would like you to familiarise yourself with the following definitions in
order to help you understand each of the terms detailed on this document. For
all items not listed in this section, we will define their definition in the
body of the text in a clear and concise manner.
“Content”
: Refers
to any material distributed by NOA, including those which are text, graphic,
video, or audio based.
“Customer” or
“user” or “you”
: Refers to any anyone registering or subscribing to, or making use
of, the NOA Service.
“NOA” or “we” or
“our”
: Refers
to NOA News Limited, a company registered in Ireland under company registration
number 564767 and all subsidiaries and affiliates acting on behalf of NOA News
Limited. A list of subsidiaries and affiliates are available upon request.
“NOA Service” or
“Service”
: Refers to the provisioning of Content to
Customers across NOA’s smartphone and tablet applications, audio players,
and/or websites.
“Publisher”
: Refers
to a publisher whose Content is distributed by NOA.
“Subscriber”
: Refers
to a user who has purchased a Subscription from NOA.
“Subscription”
: Refers
to a subscription tier offered by NOA that provides access to the NOA Service.
2.
Introduction
By using the NOA
Service or by accessing any Content or other material that is made available by
NOA through the Service you are entering into a binding contract with the NOA
entity indicated in the definitions section of this document.
Your agreement with
NOA includes these Terms and Conditions of Use (“Terms”) and our Privacy
Policy. (The Terms, Privacy Policy, and any additional terms that you may agree
to are referred to together as the “Agreements”.) If you wish to review the
terms of the Agreements, the effective version of the Agreements can be found
on NOA’s website. You acknowledge that you have read and understand the
Agreements, accept these Agreements, and agree to be bound by them. If you
don’t agree with (or cannot comply with) the Agreements, then you may not use
the NOA Service or consume any Content.
Please read the Agreements carefully.
They cover important
information about NOA Services provided to you.The
Agreements include information about future changes to the Agreements,
limitations of liability, privacy information, a class action waiver, and
resolution of disputes by arbitration instead of in court.
3.
Changes to the
Agreements
Occasionally we
may, in our discretion, make changes to the Agreements. When we make material
changes to the Agreements, we’ll provide you with prominent notice as
appropriate under the circumstances, e.g., by displaying a prominent notice
within the Service or by sending you an email. In some cases, we will notify
you in advance, and your continued use of the Service after the changes have
been made will constitute your acceptance of the changes. Please make sure that
you read any such notice carefully. If you do not wish to continue using the
Service under the new version of the Agreements, you may terminate your
relationship with NOA by ceasing to use the NOA Service.
4.
Enjoying NOA
Here’s some
information about all the ways that you can enjoy NOA.
4.1 Our Services
NOA provides a
streaming service that offers a selection of journalistic articles, among other
content, over audio. Certain NOA Services are provided to you on a
metered-access basis (i.e., a selection of content may be offered to you free
of charge before a daily threshold is reached, requiring you to subscribe to
the NOA Service in order to continue listening). If you elect to pay for the
NOA Service on a periodic basis you will be considered a Subscriber.
Subscriber access
to the NOA Service will not be restricted in any way, however, your
Subscription may be terminated without notice if your periodic payment is not
received on time.
4.2 Discount codes
and other pre-paid offers
If you have
purchased or received a discount code, gift card, pre-paid offer or other offer
provided or sold by or on behalf of NOA for access to the NOA Service (the
“Code”), separate terms and conditions presented to you along with the Code may
also apply to your access to the Service and you agree to comply with any such
terms and conditions.
4.3 Trials
From time to time
NOA may offer unrestricted access to the NOA Service for a trial period, the
duration of which may not be predefined and shall be determined by NOA at its
sole discretion, on either an aggregated or individual user basis (the
“Trial”). NOA reserves the right, in its absolute discretion, to determine your
eligibility for a Trial, and, subject to applicable laws, to withdraw or to
modify a Trial at any time without prior notice and with no liability, to the
greatest extent permitted under the law.
To avail of some
Trials we may require you to provide personal information, including your name
and email address, which will be stored and utilised in accordance with NOA’s
Privacy Policy.
5.
Rights we grant you
The NOA software
applications and the Content are the property of either NOA or the associated
publisher (collectively, the “Licensors”). We grant you a limited,
non-exclusive, revocable licence to make use of the NOA Service, and a limited,
non-exclusive, revocable licence to make personal, non-commercial,
entertainment/educational use of the Content (the “Licence”). This Licence
shall remain in effect until and unless terminated by you or NOA. You promise
and agree that you are using the Content for your own personal, non-commercial,
entertainment/educational use and that you will not redistribute the NOA
Service or the Content for commercial gain without the prior written consent of
NOA.
The NOA software
applications and the Content are licensed, not sold, to you, and the Licensors
retain ownership of all copies of the NOA software applications and Content
(respectively) even after installation on your personal computers, mobile
devices, tablets, and/or other relevant devices (“Devices”).
All trademarks,
service marks, trade names, logos, and domain names (the “Brand Marks”) are the
sole property of NOA or its Licensors. The Agreements do not grant you any
rights to use any Brand Marks whether for commercial or non-commercial use.
You agree to not to
use the NOA Service, the Content, or any part thereof in any manner not
expressly permitted by the Agreements. Except for the rights expressly granted
to you in these Agreements, NOA grants no right, title, or interest to you in
the NOA Service or Content.
Third party
software (for example, open source software libraries) included in the NOA
Service are licensed to you either under the Agreements or under the relevant
third party software library’s licence terms.
6.
Third Party
Applications
The NOA Service is
integrated with third party applications, websites, and services (“Third Party
Applications”) to make available digital content, products, and/or services to
you. These Third Party Applications may have their own terms and conditions of
use and privacy policies and your use of these Third Party Applications will be
governed by and subject to such terms and conditions and privacy policies. You
understand and agree that NOA does not endorse and is not responsible or liable
for the behaviour, features, or content of any Third Party Application or for
any transaction you may enter into with the provider of any such Third Party
Applications.
7.
User-Generated
Content
NOA users may post,
upload, and/or contribute (“Post”) content to the Service (which may include,
for example, comments, URL or other links, messages, information, playlist
compilations, and/or other types of content) (“User Content”).
You promise that,
with respect to any User Content you post on NOA, (1) you have the right to
post such User Content, and (2) such User Content, or its use by NOA as
contemplated by the Agreements, does not violate the Agreements, applicable
law, or the intellectual property (including without limitation copyright),
publicity, personality, or other rights of others or imply any affiliation with
or endorsement of you or your User Content by NOA or any voice broadcaster,
journalist, publisher, entity or individual without express written consent
from such individual or entity.
NOA may, but has no
obligation to, monitor, review, or edit User Content. In all cases, NOA
reserves the right to remove or disable access to any User Content for any or
no reason, including but not limited to, User Content that, in NOA’s sole
discretion, violates the Agreements. NOA may take these actions without prior
notification to you or any third party. Removal or disabling of access to User
Content shall be at our sole discretion, and we do not promise to remove or
disable access to any specific User Content.
You are solely
responsible for all User Content that you post. NOA is not responsible for User
Content nor does it endorse any opinion contained in any User Content. YOU
AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST NOA RELATED TO USER CONTENT THAT
YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY
AND HOLD NOA HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY
KIND (INCLUDING ALL LEGAL FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
8.
Rights you grant us
In consideration
for the rights granted to you under the Agreements, you grant us the right (1)
to allow the NOA Service to use the processor, bandwidth, and storage hardware
on your Device in order to facilitate the operation of the Service and (2) to provide
service related, marketing, advertisement and other information to you.
If you provide
feedback, ideas or suggestions to NOA in connection with the NOA Service or
Content (“Feedback”), you acknowledge that the Feedback is not confidential and
you authorise NOA to use that Feedback without restriction and without payment
to you. Feedback is considered a type of User Content.
You grant NOA a
non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in
jurisdictions where this is not permitted, for a term equal to the duration of
the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide
licence to use, reproduce, make available to the public, publish, translate,
modify, create derivative works from, and distribute any of your User Content
in connection with the Service through any medium, whether alone or in
combination with other content or materials, in any manner and by any means,
method or technology, whether now known or hereafter created. Aside from the
rights specifically granted herein, you retain ownership of all rights,
including intellectual property rights, in the User Content. Where applicable
and permitted under applicable law, you also agree to waive any “moral rights”
(or the equivalent under applicable law) such as your right to be identified as
the author of any User Content, including Feedback, and your right to object to
derogatory treatment of such User Content.
9.
User guidelines
In order to ensure
that the Service is used in an enjoyable and educational way (i.e. the way it
was designed to be used), we have established a few ground rules for you to
follow when using the Service. Please follow these rules and encourage other
users to do the same when possible.
The following is
not permitted for any reason whatsoever:
Please respect NOA,
the owners of the Content, and other users of the NOA Service. Don’t engage in
any activity, post any User Content, or register and/or use a username, which
is or includes material that:
You acknowledge and
agree that posting any such User Content may result in immediate termination or
suspension of your continued access to the NOA Service. You also agree that NOA
may also reclaim your username for any reason.
Please be
thoughtful about how you use the NOA Service and what you share. The NOA
Service may, in its current or future state, include social and interactive
features, including the ability to post User Content, share content, and make
certain information about you public. Remember that shared or publicly
available information may be used and re-shared by other users on NOA or across
the internet. NOA has no responsibility for your choices to post material on
the Service. The consequences, if any, of any User Content that you post on the
Service are borne solely by you.
Your password
protects your user account, and you are solely responsible for keeping your
password confidential and secure. You understand that you are responsible for
all use of your username, email, and password on the Service. IF YOUR USERNAME,
EMAIL, OR PASSWORD IS LOST OR STOLEN, OR IF YOU BELIEVE THERE HAS BEEN
UNAUTHORIZED ACCESS TO YOUR ACCOUNT BY THIRD PARTIES, PLEASE NOTIFY US
IMMEDIATELY AND CHANGE YOUR PASSWORD AS SOON AS POSSIBLE IN THE MY ACCOUNT
SECTION OF THE NOA WEBSITE.
10.
Infringement and
reporting User Content
If you believe that
any Content infringes your intellectual property rights or other rights please
notify NOA by using the contact form on our website. If NOA is notified by a
copyright holder that any Content infringes a copyright, NOA may in its absolute
discretion take actions without prior notification to the provider of that
Content. If the provider believes that the content is not infringing, the
provider may submit a counter-notification to NOA with a request to restore the
removed content.
11.
Service limitations
and modifications
NOA will make
reasonable efforts to keep the NOA Service operational. However, certain
technical difficulties or maintenance may, from time to time, result in
temporary interruptions. To the extent permissible under applicable law, NOA
reserves the right, periodically and at any time, to modify or discontinue,
temporarily or permanently, functions and features of the NOA Service, with or
without notice, all without liability to you, except where prohibited by law,
for any interruption, modification, or discontinuation of the NOA Service or
any function or feature thereof. Notwithstanding the foregoing, if you have
prepaid fees for Subscriptions that NOA permanently discontinues prior to the
end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling
off section), NOA will refund you the prepaid fees for the Pre-Paid Period
after such discontinuation. You understand, agree, and accept that NOA has no
obligation to maintain, support, upgrade, or update the Service, or to provide
all or any specific content through the Service. This section will be enforced
to the extent permissible by applicable law. NOA and/or the owners of any
Content may, from time to time, remove any such Content without notice to the
extent permitted by applicable law.
12.
Customer support
For customer
support with account-related and payment-related questions (“Customer Support
Queries”), please submit your query to our customer service department at subscriptions@noanews.ie.
We will use reasonable endeavours to respond to all Customer Support Queries
within a reasonable time frame but we make no guarantees or warranties of any
kind that any Customer Support Queries will be responded to within any
particular time frame and/or that we will be able to satisfactorily answer any
such queries.
13.
Payments,
cancellations, and cooling off
Subscriptions can
be purchased on the NOA website, or directly from a member of the NOA sales
team, by paying a periodic subscription fee, giving you or your staff
("you") access to the NOA Service for a pre-specified period
(“Subscription Period”). All Subscriptions will be charged on the day of
purchase for the initial Subscription Period and on a recurring basis thereafter
at the end of each subsequent Subscription Period unless Auto Renew is turned
off, or other payment terms have been agreed in writing. You can turn Auto
Renew off at any time once logged in on the NOA website. Turning Auto Renew off
only ends your access to NOA at the end of the current Subscription Period.
When you purchase a
Subscription or register for a Trial on the NOA website or through the NOA
applications, you consent to get access to the NOA Service immediately. NOA
does not guarantee that the Service will be available to you in any specific
time period once you have registered for a Subscription or Trial. If you reside
outside the United States and purchase a Subscription to the NOA Service, you
may change your mind for any or no reason and receive a full refund of all
monies paid within fourteen (14) days (the “Cooling-off Period”). Refunds will
not, however, be provided if you have accessed the NOA Service at any time
during the Cooling-off Period. Please submit your request for a refund to subscriptions@noanews.ie.
If you cancel your
payment to NOA by turning Auto Renew off or terminate any of the Agreements (1)
after you have accessed NOA during the Cooling-off Period, or (2) after the
Cooling-off Period is over (where applicable), or (3) before the end of the
current subscription period, we will not refund any subscription fees already
paid to NOA.
NOA may change the
price of your Subscription from time to time and will communicate such price
changes to you in advance by email and, if applicable, how to accept such
changes. Price changes for Subscriptions will take effect at the start of the
next Subscription Period following the date of the price change. As permitted
by local law, you accept the new price by continuing to use the NOA Service
after the price change takes effect. If you do not agree with the price
changes, you have the right to reject the change by turning Auto Renew off
prior to the price change going into effect. Please therefore make sure you read
any such notification of price changes carefully.
14.
Term and
termination
The Agreements will
continue to apply to you until terminated by either you or NOA. However, you
acknowledge and agree that the perpetual licence granted by you in relation to
User Content, including Feedback, is irrevocable and will therefore continue
after expiry or termination of any of the Agreements for any reason. NOA may
terminate the Agreements or suspend your access to the NOA Service at any time,
including in the event of your actual or suspected unauthorised use of the NOA
Service and/or Content, or non-compliance with the Agreements. If you or NOA
terminate the Agreements, or if NOA suspends your access to the NOA Service,
you agree that NOA shall have no liability or responsibility to you and NOA
will not refund any amounts that you have already paid, to the fullest extent
permitted under applicable law. This section will be enforced to the extent
permissible by applicable law. You may terminate the Agreements at any time by
ending your use of the NOA Service.
Sections 7, 9, 11,
14, 15, 16, 17, 19, 20, 21, 22, and 23 herein, as well as any other sections of
the Agreements that, either explicitly or by their nature, must remain in
effect even after termination of the Agreements, shall survive termination.
15.
Warranty and
disclaimer
WE ENDEAVOUR TO
PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE NOA
SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED
WARRANTY OR CONDITION OF ANY KIND. YOU USE THE NOA SERVICE AT YOUR OWN RISK. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOA AND ALL OWNERS OF THE
CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NEITHER NOA NOR ANY OWNER OF CONTENT WARRANTS THAT THE NOA
SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, NOA MAKES
NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER
CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
ON OR THROUGH THE NOA SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY
DISPLAY OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT NOA IS NOT
RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS
OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH
THE NOA SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED
BY YOU FROM NOA SHALL CREATE ANY WARRANTY ON BEHALF OF NOA IN THIS REGARD. SOME
ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY
APPLICABLE LAW.
THIS DOES NOT
AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
16.
Limitation
YOU AGREE THAT, TO
THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE NOA SERVICE
IS TO UNINSTALL ANY NOA SOFTWARE AND TO STOP USING THE NOA SERVICE. WHILE NOA
ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF,
AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED
BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO NOA, FOR ANY
PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT
THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST
EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOA, ITS OFFICERS, SHAREHOLDERS,
EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ADVISORS,
SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA,
BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF
THE USE OR INABILITY TO USE THE NOA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD
PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO
WHETHER NOA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A
REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL
CLAIMS RELATING TO THE NOA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY
APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO NOA DURING THE PRIOR
TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the
Agreements removes or limits NOA’s liability for fraud, fraudulent
misrepresentation, death or personal injury caused by its negligence, and, if
required by applicable law, gross negligence. Some aspects of this section may
not apply in some jurisdictions if prohibited by applicable law.
17.
Third party rights
You acknowledge and
agree that the owners of the Content and certain distributors (such as app
store providers) are intended beneficiaries of the Agreements and have the
right to enforce the Agreements directly against you.
Other than as set
out in this section
, the Agreements are not intended to grant rights to
anyone except you and NOA, and in no event shall the Agreements create any
third party beneficiary rights. Furthermore, the rights to terminate, rescind,
or agree to any variation, waiver, or settlement of the Agreements are not
subject to the consent of any other person.
18.
Entire agreement
Other than as
stated in this section or as explicitly agreed upon in writing between you and
NOA, the Agreements constitute all the terms and conditions agreed upon between
you and NOA, AND SUPERSEDE ANY PRIOR AGREEMENTS IN RELATION TO THE SUBJECT
MATTER OF THESE AGREEMENTS, WHETHER WRITTEN OR ORAL.
Please note,
however, that other aspects of your use of the NOA Service may be governed by
additional agreements. That could include, for example, access to the NOA
Service as a result of a gift card or Code or free or discounted Trials. When
you are presented with an offer for such aspects of your use, you will be
presented with any related additional agreement, and you may have an
opportunity to agree to additional terms. TO THE EXTENT THAT THERE IS ANY
IRRECONCILABLE CONFLICT BETWEEN ANY ADDITIONAL TERMS AND THESE TERMS, THE
ADDITIONAL TERMS SHALL PREVAIL.
19.
Severability and
waiver
Unless as otherwise
stated in the Agreements, should any provision of the Agreements be held
invalid or unenforceable for any reason or to any extent, such invalidity or
enforceability shall not in any manner affect or render invalid or
unenforceable the remaining provisions of the Agreements, and the application
of that provision shall be enforced to the extent permitted by law.
ANY FAILURE BY NOA
OR ANY THIRD PARTY BENEFICIARY TO ENFORCE THE AGREEMENTS OR ANY PROVISION
THEREOF SHALL NOT WAIVE NOA’S OR THE APPLICABLE THIRD PARTY BENEFICIARY’S RIGHT
TO DO SO.
20.
Assignment
NOA may assign the
Agreements or any part of them, and NOA may delegate any of its obligations
under the Agreements. You may not assign the Agreements or any part of them,
nor transfer or sub-license your rights under the Agreements, to any third
party.
21.
Indemnification
To the fullest
extent permitted by applicable law, you agree to indemnify and hold NOA
harmless from and against all damages, losses, and expenses of any kind
(including reasonable legal fees and costs) arising out of: (1) your breach of
this Agreement; (2) any User Content; (3) any activity in which you engage on
or through the NOA Service; and (4) your violation of any law or the rights of
a third party.
22.
Force Majeure
NOA will not be
liable or deemed to be in default for any delay or failure in performance or
interruption of the delivery of the NOA Service that may result directly or
indirectly from any cause or circumstance beyond its or their reasonable
control, including but not limited to failure of electronic or mechanical
equipment or communication lines, telephone or other interconnect problems,
computer viruses, unauthorised access, theft, operator errors, severe weather,
earthquakes or natural disasters, strikes or other labour problems, wars, or
governmental restrictions.
23.
Governing Law and
Jurisdiction
These Terms shall
be governed by, and construed in accordance with, Irish law. The parties
irrevocably agree that the courts of Ireland shall (subject to the paragraph
below) have exclusive jurisdiction to settle any dispute which may arise out
of, under, or in connection with these Terms or the legal relationship
established by them, and for those purposes irrevocably submit all disputes to
the jurisdiction of the Irish courts.
For the exclusive
benefit of NOA, NOA shall also retain the right to bring proceedings as to the
substance of the matter in the courts of the country of your residence or,
where these Terms are entered into in the course of your trade or profession,
the country of your principal place of business.
23.1 ARBITRATION
If you are located in, are based in,
have offices in, or do business in a jurisdiction in which this Section 23.2 is
enforceable, the following mandatory arbitration provisions apply to you:
23.1.1 Dispute
resolution and arbitration
You and NOA agree
that any dispute, claim, or controversy between you and NOA arising in
connection with or relating in any way to these Agreements or to your
relationship with NOA as a user of the Service (whether based in contract,
tort, statute, fraud, misrepresentation, or any other legal theory, and whether
the claims arise during or after the termination of the Agreements) will be
determined by mandatory binding individual arbitration. Arbitration is more
informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND
COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited
discovery than in court. The arbitrator must follow this agreement and can
award the same damages and relief as a court (including legal fees), except
that the arbitrator may not award declaratory or injunctive relief benefiting
anyone but the parties to the arbitration. This arbitration provision will
survive termination of the Agreements.
23.1.2 Arbitration
rules
Either you or we
may start arbitration proceedings. If you are located in, are based in, have
offices in, or do business in Ireland, any arbitration between you and NOA will
be finally settled under the Arbitration Act 2010.