By completing any transaction with Solo60 or using a Solo60 service in any format, you are agreeing to abide by the Terms & Conditions. In addition to this, you are also agreeing to our other policies that reside in the Terms & Condition but also form their own entity.
These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and Solo60 Ltd (“Solo60”, “we”, “us” or “our”). These Terms govern your access to the use of the Solo60 gyms, the (“Network”), the Solo60 Website and any other websites through which Solo60 makes the Network available, the (“Website”) and our Mobile Application, other smart device applications and application program interfaces, the (“APIs”) through which Solo60 makes the Network available, the (“Mobile Application”). The Website, the Mobile Application and Network are collectively referred to as (“Solo60”).
Solo60 is a company registered in England and Wales. Our company registration number is 11994643.
Our registered VAT number is 336466191.If you have any questions or if you have any complaints after reading these Terms, please contact us. You can contact us on email@example.com.
If we take no action on any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the Terms again strictly at a future date.We may assign the benefit of these Terms and our rights thereunder to a third-party on notice to you. Your rights under these Terms will not be prejudiced.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any event that is outside of our reasonable control.
We will not be liable or responsible for outstanding money paid to a Personal Trainer. Solo60 does not arrange or interfere with the relationship between the Personal Trainer and Client.As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.We may terminate this agreement with immediate effect on notifying you if you are in breach of this or any other of the policies that reside below.
Solo60 reserves the right to change or modify any of these Terms without notice and in its sole discretion. Any changes or modifications to these Terms will be effective upon posting of the changes. Your continued use of the Solo60 following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using Solo60. You are responsible for regularly reviewing the most current Terms as well as all other policies that reside in the below.
2. ELIGIBILITY AND USE OF SOLO60
You must be 18 years old or over and able to enter legally binding contracts to access and use Solo60 or register for a Solo60 Account. Solo60 (which constitutes the Website, Mobile Application and Network) are not available to persons under the age of 18. By using the Website, Mobile Application or Network, you represent and warrant that you are 18 years old or over and have the legal capacity and authority to enter a contract. Furthermore, you will not allow the access of anybody under 18 years old into Solo60 without prior approval from Solo60. Please email firstname.lastname@example.org for approval.
Your participation in using Solo60 is for your sole, personal use and not for commercial purposes. You may not authorise others to use your username and/or password in any entity. When using Solo60, you agree to comply with all applicable laws of the country, state, province or city in which you are present whilst using Solo60.
By using Solo60, you agree to be bound by and comply with any additional Term & Conditions and other residing policies provided by the Landlord and/or the Managing Agent (“Property Managers”) of the Network including compliance with building security procedures, IT access and procedures provided by the Property Managers which may be provided in electronic format through the Website, Mobile Application or in hardcopy in the Network.
Some components of Solo60 implement APIs such as Google Maps. Your use of Google Maps is subject to the Google Maps Terms & Conditions and if you visit the Website or download the Mobile Application from the Apple App Store, you are also agreeing to Apple’s Terms & Conditions. You can find both sets of Terms & Conditions of each respective Website.
3. PERSONAL TRAINER SPECIFIC TERMS
If you are a personal trainer using Solo60, you must have a valid Professional Liability Insurance Policy with a minimum general liability coverage of £2,000,000 in order to sign up for a personal trainer Account on the Mobile Application to use the Network. This insurance policy must be in force at the time to register for an Account and must be kept in force during your use of Solo60. We reserve the right to request a copy of an insurance policy and any other information we may require.
Solo60 cannot be held responsible for personal trainers or their clients in relation to, but not limited to, injury, illness or lost of income due to the use of our services.
Personal Trainers are also required to check equipment prior to starting a session and advise Solo60 if they see any defects or experience issues whilst using.
4. ACCOUNT REGISTRATION
Once you complete your sign-up with Solo60, you will be provided with a personal account (“Account”). You agree to complete and maintain accurate and up-to-date information in your Account. Your failure to complete and maintain accurate and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Website, Mobile Application or Network. Solo60 reserves the right to suspend or terminate your Account and refuse all current or future uses of Solo60 if Solo60 has reasonable grounds to suspect that such information is inaccurate, outdated or untrue. You may not use Solo60 for any illegal purpose or in any manner inconsistent with these Terms.
You are responsible for all activity that occurs with respect to your Account including, but not limited to, use of the Website, Mobile Application and Network. Without limiting the foregoing, for any reservation made through the Account, if other persons are present in the Network, you hereby agree to be fully responsible and to indemnify Solo60 for any violation of these Terms or applicable laws, by-laws or regulations, even if such violation was caused by such other persons
5. HOUSE RULES
Please read the below carefully.By completing any transaction with Solo60 or using a Solo60 service in any format, you are agreeing to abide by the House Rules. We ask you to make sure you are comfortable that you can comply with the House Rules before continuing. This is not an exhaustive list and Solo60 has the right to use its sole discretion to add or alter at any time to prevent a breach of our Terms & Conditions.
6. DAMAGES, REPAIR AND/OR CLEANING FEES
As a user of Solo60, you are responsible for leaving the Network, any property and surrounding area in the same or better condition than when you arrived. You are responsible for your actions and omissions and are also responsible for the acts and omissions of any individuals whom you invite and/or provide access to. Further to this, you are responsible for the cost of any damage repairs or necessary cleaning of the Network resulting from your violation of this agreement or your use of the Network in excess of normal “wear and tear”. If Solo60, in its reasonable discretion, determines that excessive repair or cleaning is required, Solo60 reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning as well as an additional service fee which shall not exceed £500 per occurrence. Any such amounts are non-refundable and at the reasonable discretion of Solo60.
7. PAYMENT TERMS
Any fees which Solo60 may charge you for the use of the Website, Mobile Application or Network will be as set out in the Website and/or Mobile application at the time of the purchase. These fees are inclusive of any taxes payable e.g. VAT. Solo60 offers no Refund Policy, instead we work in line with our Cancellation Policy which can be found in the headline of these Terms and below Clause 9. This no Refund Policy shall always apply regardless of your decision to terminate your usage. Solo60 reserves the right to determine final prevailing pricing.
You do hereby agree that you shall be charged fees based on the length of time of your booking of the Solo60, regardless if you only make use of the Solo60 for less than your booked time. If you exceed the amount of time for which you booked a Solo60, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another users booked time. You do hereby consent to such excess time charges and to such overage charge.
Solo60 may make promotional offers to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Solo60 may change the fees for the Website, Mobile Application or Network at our sole discretion. We encourage you to check back at our Website and/or Mobile Application periodically to find out about how we charge for the Website, Mobile Application and Network. You can find out more information below Clause 21.
If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your rights from accessing the Network. If a payment is declined, refunded, cancelled or charged back by your issuing bank, or another person, you are not entitled to the return of any associated service fees, such as payment processing fees, irrespective of the reason for such decline, refund, cancellation or charge back. Solo60 reserves the right with sole discretion to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or any other reason without limit. If you access the Website via your mobile e.g. through the Mobile Application, please be aware that your carrier’s normal rates will still apply.
8. CREDIT PACKS
Your Credit Pack subscription payment will be renewed on the same date and time of each month. This monthly date will coincide with the original date and time you purchased your Credit Pack and will renew subject to the length of the Credit Pack purchased e.g. 1 month, 2 months or 3 months.
It is important to use any Credits in the timeframe of the Credit Pack purchased as any unused Credits will be lost upon the next renewal or upon the expiry of your subscription following a cancellation.
If you topped up your Credits, the same Terms apply but your renewal date will not change. To change your renewal date, you must cancel your current Credit Pack subscription and sign up again on the day of your preferred renewal.From time to time we may need to increase the price of our Credit Pack subscriptions. We will give you at least 1 full months' notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your subscription will cost after the increase. During this period, you will have your usual right to terminate your Account in accordance with the Terms.
If you do not terminate the subscription by the date given to you in the notice, then the price of your Credit Pack will be increased in accordance with our notice.You may terminate your Credit Pack at any point by cancelling your subscription in the Mobile Application via the ‘BILLING INFORMATION’ tab allowing 3 to 4 working days for Stripe and your issuing bank to action this. Please contact us if there is a reason for your termination that we can assist with at email@example.com.
In the event Stripe and/or your issuing bank does not action this in time, your Credit Pack subscription will remain in force until the day before your next payment is due, at which point it will automatically terminate.
9. CANCELLATION POLICY
CANCELLATIONS BY YOU
All cancellations must be taken place on the Solo60 Mobile Application. You can cancel your session via the ‘ACTIVE SESSIONS’ tab in the app menu, subject to the below policy.Due to the nature of our business model, we require a cancellation procedure to be in place to maintain a fair system and prevent empty bookings due to late cancellations. Dependent on what method you use to book your session will depend on the Cancellation Policy that is applied.
If you’ve paid using Credits, you will have 4 hours before your session to cancel. Your Credits will be returned immediately to your Account if these Terms are satisfied. If these Terms are not satisfied, Credits will be taken, and no refund will be given.
If you’ve paid using pay-as-you-go, you will have 8 hours before your session to cancel. We will not charge your card if these Terms are satisfied. If these Terms are not satisfied, payment will be taken, and no refund will be given.
CANCELLATIONS BY US
We may cancel your session subject to a force majeure or similar making it impossible or significantly impede us to carry out the service. We will always endeavour to let you know as early as possible via email and process any cancellation refunds as necessary.
10. LICENSING, RESTRICTIONS AND COPYRIGHT
Subject to your compliance with these Terms, Solo60 grants you a limited, non-exclusive, non-transferable and revocable license to use Solo60. Should you choose to download content from Solo60, you must do so in accordance with these Terms. Such content is provided to you for its intended purposes only and always remains the property of Solo60.
You will not use, copy, adapt, decompile, modify, reverse engineer, prepare, derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Mobile Application, Network or any content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Solo60 or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by Solo60.
11. USER CONTENT
Solo60 may, in its sole discretion, permit users of the Network to post, upload, publish, submit or transmit content. You are solely responsible for all content that you upload, email, post or otherwise transmit including documents, text, graphics, video, messages, forum postings, your profile information, comments, questions, other materials (“User Content”).
By making available any User Content on or through the Website, Mobile Application and/or Network, you hereby grant to Solo60 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sublicensable and transferable right, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transit, stream, broadcast and otherwise exploit such User Content including but without limitation through or by means of the Website, Mobile Application and/or Network. In connection, you hereby renounce and waive in favour of Solo60 any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you have may to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us the right over your User Content and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from the same.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website, Mobile Application and/or Network. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Website, Mobile Application and/or Network or you have all rights, licenses, consents and releases that are necessary to grant to Solo60 the rights in such User Content, as contemplated under this agreement and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Solo60’s use of the User Content or any portion therefore will infringe, misappropriate or violate a third-party patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
12. INTELLECTUAL PROPERTY
eferences in these conditions to Intellectual Property rights, the (“IP”) means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software (including source code and object code) and all similar rights of whatever nature and in each case, whether registered or not, including any applications to protect or register such rights, including all renewals and extensions of such rights or application, whether vested, contingent or future and wherever in the world they exist.Unless specifically indicated otherwise, the Website, Mobile Application and/or Network together with all IP rights are owned by Solo60, our licensors or both (as applicable). Such IP rights are protected by copyright laws and treaties around the world.
We and our licensors reserve all of our and their rights in any such IP rights in connection with these conditions. This means that we and they remain owners of them and free to use them as we and they see fit.The Website, Mobile Application and/or Network are for intended uses only and nothing in these conditions grant you any legal rights to access or use the Website, Mobile Application and/or Network for any other purposes. You may not use the Website, Mobile Application and/or Network for any further or additional uses and in particular may not reproduce or otherwise make available the same in whole or in part, without the prior written consent of Solo60 or our licensors, if applicable. In addition, none of the content or design on the Website, Mobile Application and Network may be copied, altered in any way or transmitted or distributed to any other party without our prior express written permission
13. APPLICATION LICENSE
Subject to your compliance with these Terms, Solo60 grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Mobile Application on your personal device solely in connection with your use of Solo60; and (ii) access and use any content, information and related materials that may be made available through Solo60, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Solo60 and Solo60’s licensors.
14. SMS MESSAGING
15. THIRD-PARTY SERVICES
During use of the Website, Mobile Application and Network, you may enter into correspondence with, purchase good and/or services from, or participate in promotions of third-party service providers, advertisers, sponsors or affiliates showing their goods and/or services through the Website, Mobile Application or Network. Any such activity and any Terms, conditions, warranties or representations associated with such activity is solely between you and the applicable third-party. Solo60 and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third-party. Solo60 does not endorse any sites on the internet that are linked through the Website, Mobile Application or Network and in no event shall Solo60 or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. Solo60 provides the Website, Mobile Application and Network to you pursuant to the Terms of this agreement. You recognise that certain third-party providers of goods and/or services may require your agreement to additional or different Terms prior to your use of or access to such goods or services and Solo60 disclaims any and all responsibility or liability arising from such agreements between you and third-party providers.
Solo60 may rely on third-party advertising and marketing supplied through the Website, Mobile Application and Network and any other mechanisms to subsidise the Website, Mobile Application or Network. By agreeing to these Terms, you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us at firstname.lastname@example.org. Solo60 reserves the right to charge you a higher fee for the Website, Mobile Application and Network should you choose not to receive this advertising services. Solo60 may compile, release and disclose non-identifiable information regarding you and your use of the Website, Mobile Application and Network as part of a customer profile or similar report or analysis including but without limitation to third-party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third-party you interact with through Solo60.
You agree to release, defend, indemnify and hold harmless Solo60, our Landlords and/or our Managing Agents and their respectable officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees arising out of your use and access to the Website, Mobile Application and Network, your violation of any term of these Terms, your violation of any law or the rights of a third-party including without limitation, any copyright, property or privacy right, or any claim that any content you submitted caused damage to a third-party. You agree to notify Solo60 and in writing at email@example.com of such claim. If a claim subject to IP infringement indemnification is made, Solo60 shall have the right to obtain for you the right to continue using Solo60 or replace and/or modify Solo60 so that it becomes non-infringing and still provide substantially the same functionality for the user. The indemnification obligated will survive the terminate of these Terms and your use of the Website, Mobile Application and Network.
Solo60 provides the Website, Mobile Application and Network along with its content, materials, information, software and products included therein including separate services performed by third parties under control for use on an “as if”, “where is” and “as available” basis. To the maximum extent permitted by law, Solo60 disclaims all representations and warranties whether express or implied with respect to Solo60 including without limitation; any warranties or merchantability and fitness for a particular purpose, features, quality, non-infringement, title, performance, compatibility, security or accuracy and that the quality of the Solo60 as well as any products, service, information or other material purchased or obtained by you through the Website, Mobile Application or Network will meet your requirements or expectations. You acknowledge and agree that the entire risk arising out of your use of Solo60 and/or third-party services or products remains solely with you to the maximum extent permitted by law.
You hereby acknowledge and agree that; the locking mechanism used on the Solo60 is provided by a third-party and Solo60, the Landlord and/or the Managing Agent have no liability whatsoever with respect to any failure of the locking system to work in its intended manner including without limitation any loss or theft of your property as the Network is located in buildings which are not owned, managed or manned by Solo60 and Solo60 makes no representations or warranties relating thereto.
Additionally, Solo60, the Landlord and/or the Managing Agent make no representation or warranty with respect to the suitability of the Network for any particular activity and shall not be liable in anyway for such activities.Solo60, the Landlord and/or the Managing Agent does not warrant that the Solo60 will operate in an uninterrupted or error-free manner or that the Solo60 will always be available or free from all harmful components or that it is safe, secured from unauthorised access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, originating either from Solo60 or its providers.
I declare that I intend to use some or all of the activities, facilities and services offered by Solo60 and I understand that each person (including myself), has different skill levels for participating in such activity.
I assume full responsibility during and after my participation at Solo60 and for my choices to use or apply, at my own risk, any portion of the equipment, facilities, information or instruction available.I understand that part of the risk involved in undertaking exercise is relative to my own state of fitness or health (physical and emotionally) and the awareness, care and skill in which I conduct myself in any usage of Solo60.
I agree that to the best of my knowledge and belief I am in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to my health, safety, comfort, wellbeing or physical condition.In addition, I
understand that I should immediately withdraw from, reduce or modify my involvement in any of the activities and I should do so on recognition of any signs of physical discomfort which may include: lightheadedness, fainting, chest discomfort, leg cramps, nausea, etc.
I further understand that there are possible risks involved in participating in exercise and Solo60 will accept no responsibility for my actions, injuries or health during my use of Solo60.
If you start to feel unwell or a life threatening emergency occurs in a Solo60, you should immediately call the Emergency Services by dialing 999 (or the relevant country code) on your phone and you should press the allocated “Emergency Button” to notify Solo60 so we can take necessary action.
19. LIMITATION OF LIABILITY
Solo60, it’s Officers, Directors, Shareholders, Employees, Suppliers, Sub-Contractors, Agents, Landlords and Managing Agents will not be liable for any direct, indirect, incidental, consequential or any other damage or loss including loss of profit and loss of data, costs, expenses and payments, arising from or in connection with the use or inability to use the services of Solo60. This includes any fault or error made by our employees or anyone acting on our behalf or from your reliance on the content of the services or from any denial or cancellation of your Account or from the retention, deletion, disclose and any other use or loss of your content on the services. In no event shall Solo60, its licensors’ or any Landlord or Managing Agent aggregate liability arising out of or relating to this agreement of your use of or inability to use the Website, Mobile Application or Network.
You understand and agree that you obtain or otherwise download content, material or data through or for the use of Solo60 at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. In addition, Solo60 does not represent or warrant that the information accessible via the Website, Mobile Application or Network is accurate, complete or up to date.Responsibility for the decisions you make regarding Solo60 offered via the Website, Mobile Application or Network with all its implications rest solely with you. Solo60 will not assess the suitability, legality or ability of any such building owners or other third parties and you expressly waive and release Solo60 and building owners, to the maximum extent, allowable under applicable law, from any and all liability, claims, causes of action or damages arising from your use of the Website, Mobile Application or Network and/or in any way related to the third parties introduced to you by Solo60.
The quality of the building in which Solo60 are located are entirely the responsibility of the Landlord and/or Managing Agent. You understand that by using Solo60 you may be exposed to locations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable and that you use Solo60 at your own risk.To the extend applicable under local law, nothing in this agreement shall limit the liability for death or personal injury caused by negligence from Solo60 or for fraud or fraudulent misrepresentation.
20. RATING SYSTEM
You may be required to rate certain aspects of your overall experience with Solo60 as well as certain aspects e.g. other users. This rating will be prompted through the Website and/or Mobile Application. If you do not participate when requested, Solo60 reserves the right (without limiting any of Solo60’s other rights hereunder) to restrict your access to Solo60. Additionally, if Solo60 or if other users, rate your usage of Solo60 as being below a threshold acceptable to Solo60, then we may in our sole discretion, and without limiting any of Solo60’s other rights hereunder, restrict your access to Solo60.
21. PROMOTION TERMS
Solo60 reserves the right to end any promotion without warning at any time.
Any prizes offered by Solo60 must be claimed within 21 days of announcement of the winners. Solo60 have 45 days to issue any prize.
All Solo60 challenges are subject to fair play.
Solo60 reserve the right to redeem any prize in the form of a voucher or pre-purchased credit.
Solo60 may send you notices by means of email to your email address on record in your Account. You may give notice, and address any complaint or claim to Solo60 (such notice, complaint or claim shall be deemed given when received by Solo60) at any time by means of email to firstname.lastname@example.org.
23. GOVERNING LAW
These conditions, their subject matter and formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusion jurisdiction. However, if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland.
You agree that Solo60, in its sole discretion and for any or no reason, may terminate any Account (or any part thereof) you may have with Solo60 or your use of Solo60, and remove and discard all or any part of your Account or any of your User Content, at any time. Solo60 may also in its sole discretion and at any time discontinue providing access to the Website, Mobile Application and Network or any part thereof, with or without notice. You agree that any termination of your access to the Website, Mobile Application or Network or any Account you may have or portion thereof may be effected without prior notice, and you agree that Solo60 shall not be liable to you. These remedies are in addition to any other remedies Solo60 may have at law or in equity.
You may terminate your Account at any time by ceasing all use of the Website, deleting the Mobile Application from your device and no longer partaking in any sessions in the Network. Furthermore, you may request Solo60 to cancel your Account via email sent to email@example.com.
No joint venture, partnership, employment, or agency relationship exists between you, Solo60 or any third-party provider as a result of these Terms or use of the Website, Mobile Application and Network. These Terms may not be assigned by you, whether in whole or in part, without the prior written approval of Solo60. These Terms may be assigned without your consent, in whole or in part by Solo60, including to a parent or subsidiary, an acquirer of assets, or a successor by merger. Any purported assignment in violation of this section shall be void. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall fully be enforced under law. The failure of Solo60 to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Solo60 in writing. These Terms comprise the entire agreement between you and Solo60 and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.