TERMS AND CONDITIONS OF USE FOR THE BLOOM⁴³APP 

Welcome to the BLOOM⁴³ app. This app is owned and operated by Plexāā Ltd and its subsidiaries. Plexāā Ltd can be reached at 20-22 Wenlock Road, London, Greater London N1 7GU, United Kingdom, or by email at support@plexāā.com. By using this App, you agree to be bound by these Terms of Use. Please read the Terms of Use carefully as they affect your legal rights.  If you don’t agree to be bound by these Terms of Use, do not use this App. 

Agreement to Terms and Conditions 

The following are the terms of a legal agreement between you and Plexāā. By accessing, browsing and/or using the BLOOM⁴³ app ("App"), you acknowledge that you have read, understood and agree, to be bound by these terms and conditions set out below and all other disclaimers, guidelines, policies and terms and conditions appearing on this page (collectively, the "Terms of Use") and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this App. The Terms of Use constitute the entire agreement between you and Plexāā with respect to this App and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Plexāā. The Terms of Use are subject to change at any time without prior notice by updating this posting. By using this App, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound. If you continue to use the App or if you purchase Plexāā products after we have posted modified Terms of Use, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the App or purchase any Products anymore. Plexāā reserves the right to change or discontinue all or any part of the App (including Plexāā products), at any time and without notice, at our sole discretion. 

Service Use 

The BLOOM⁴³ aims to provide breast surgery patients with trusted and accredited information and support throughout their surgical journey. Please note that the content of the BLOOM⁴³ app is not intended in any way to be a substitute for professional medical advice, diagnosis, or treatment. Using BLOOM⁴³ does not establish a doctor-patient relationship. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read in the App.  If you think you may have a medical emergency, speak to your doctor or contact emergency services immediately. 

 

  1. Your use of the BLOOM⁴³ App is entirely optional. 

  1. Using the BLOOM⁴³ App doesn’t mean that you don’t have to keep your devices secure. You still need to keep your devices and confidential information secure. Also, you are responsible for any use made of the BLOOM⁴³ App on the devices onto which it has been downloaded. You must therefore keep access to it secure. 

 

Definitions 

  1. “App” means the BLOOM⁴³ app, mobile application software version 1.0.1 and any subsequent versions made available to you by us from time to time. 

  1. “Content” means all information and materials provided by us to you via the BLOOM⁴³ App, including but not limited to: articles, video content, and other similar material and information that is made available to you within the BLOOM⁴³ App. 

  1. “Free Services” means any service we provide free of charge as more particularly described at paragraph 4.1 

  1. “Services” means the Free Services through the BLOOM⁴³ App. 

  1. “E-Commerce Services” means the functionality provided within the BLOOM⁴³ App that enables users to view, purchase, and arrange delivery of medical devices offered for sale by Plexāā Ltd. 

  1. “Medical Device” means BLOOM⁴³ medical product offered for purchase via the BLOOM⁴³ App. 
     
     

SERVICES 

  1. Free services: We agree to provide you with the following Free Services under these Terms:  

  1. All Content provided by us to you via the BLOOM⁴³ App. 

  1. Access to your own “my health” section within the BLOOM⁴³ App where you can log your medical history, surgery information, and treatment details, as well as upload personal images and clinical documents for your use only. 

  1. Complete the optional symptoms questionnaire via the BLOOM⁴³ App to track your symptoms and to allow you to generate a symptoms tracker report. 

  1. Access to a community forum within the BLOOM⁴³ App, which enables you to engage in group conversations, propose new discussion topics, and join live sessions with expert speakers (“Community Forum Contribution”). 

 

  1. E-Commerce Services: In addition to the Free Services, we also offer E-Commerce Services that allow eligible users to purchase our BLOOM⁴³ medical devices through the BLOOM⁴³ App. 

  1. The E-Commerce Services are currently only available to users who reside in the United States and who provide a valid U.S. delivery address. 

  1. Users must be 18 years or older to make any purchase through the BLOOM⁴³ App. 

  1. Your use of the E-Commerce Services will involve the collection of personal and payment information. Please see our Privacy Policy for details on how we process and protect your data. 

  1. The BLOOM⁴³ medical device is classified as a prescription-only product and is available exclusively under the direction of a licensed healthcare professional. By ticking the box stating, “I hereby certify that I have a valid prescription for the BLOOM⁴³ medical device,” you are self-certifying that you have obtained a valid and current prescription for its use. Providing false or misleading information in this regard constitutes a violation of our Terms & Conditions and may result in order cancellation, restriction of future purchases, and potential reporting to relevant regulatory authorities. Misrepresentation of prescription status may also carry legal consequences under applicable health and consumer protection laws. We reserve the right to request verification of a prescription at any time and to refuse or cancel any order that does not comply with our prescription policy. 

  1. All orders are subject to availability, confirmation, and acceptance by us. We reserve the right to refuse or cancel any order at our discretion. 

CHARGES FOR THE SERVICES 

  1. The BLOOM⁴³ App is made available to you for download and use free of charge. 

  1. The Free Services are made available to you once you create an account with us and will be provided to you free of charge. 

  1. Charges for the BLOOM⁴³ medical device: 

  1. In some cases, your hospital or clinic may provide the BLOOM⁴³ medical device to you directly as part of your treatment. If this applies to you, you may be eligible to order the device at no cost, with only a small, refundable deposit required to ensure return of the device. 

  1. If your healthcare provider does not supply the device, you may still purchase BLOOM⁴³ independently through the BLOOM⁴³ app. The device price is clearly listed on the Device page and in the FAQ section before you complete your order. As with clinic-supplied devices, the deposit is refunded upon return of the device in accordance with our Return Policy. 

  1. You may also be eligible to use HSA/FSA funds or submit a reimbursement claim to your health insurance provider. To assist with this, our Patient Resource Guide—including suggested documentation, claim support materials, and a sample letter—is available in the app on the Device page. 

  1. Please note that insurance coverage and reimbursement eligibility vary by provider and plan, and we do not guarantee approval. It is your responsibility to verify eligibility with your insurance provider. 

  1. After your surgery, we ask that you return your BLOOM⁴³ device. This helps create a more sustainable, circular healthcare system—so other patients can benefit from the same care. The deposit you pay at checkout is fully refundable. It’s there to ensure the device is returned to our warehouse safely. Once we receive it in good condition, we’ll refund the full amount. You’ll have 30 days from the date of your surgery to return the BLOOM⁴³ device and receive a full refund of your deposit. 

OTHER PAYMENT TERMS 

  1. Payment Method. If you purchase a one or more items through the Services, you must provide an accurate and up-to-date payment method acceptable by us. You authorize Plexāā and its financial 3rd party partner (Stripe) to charge the purchase to your designated payment method, including the then-current price plus any applicable taxes or fees specified. No transaction is binding on Plexāā until accepted and confirmed by Plexāā.  

  1. Refund Method. When you begin the return process for your BLOOM⁴³ device, you’ll be asked to enter the bank account details where you’d like your deposit refunded. Please note: refunds are issued via bank transfer only, not to the card or payment method used for your original purchase. Make sure the information you provide in the designated section of the app is accurate and complete. Plexāā is not responsible for delays or failed transfers caused by incorrect or incomplete details. 

  1. Cancellations and Disputes. If you have any concerns regarding any transactions through the Services, we encourage you to raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. Plexāā reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined. 

  1. Withdrawal Rights. You have a legal right to cancel your purchase of the BLOOM⁴³ medical device and receive a full refund at any time within 10 days from the date of purchase of your product. To exercise the right of withdrawal, you must inform us of your decision to withdraw by an unequivocal statement. You may use the below model withdrawal form, but it is not required. You can send your withdrawal notice to us by email support@plexāā.com or by filling the form on our Customer Support Page. To be effective, you must send your notice of withdrawal before the 10-day deadline expires. We will provide the refund to the payment method originally charged for your order unless you agree otherwise. 

REVIEWS AND OTHER CONTENT 

Customers may have the opportunity to leave reviews or submit photos, videos, or other content (“User Content”) related to their use of the BLOOM⁴³ medical device through the App or associated platforms. 

By submitting such content, you agree that it must not be: 

  • Illegal, obscene, offensive, threatening, defamatory, or otherwise objectionable; 

  • Invasive of another customer’s privacy or publicity rights; 

  • Infringing on intellectual property rights or the rights of third parties; 

  • Misleading, fraudulent, or false; 

  • Promotional, commercial, or spam in nature. 

You are solely responsible for any User Content you post and for the legality and appropriateness of that content. 

By submitting or posting User Content, you grant Plexāā and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or format, now known or hereafter developed. 

This includes the right to use your content for promotional, marketing, research, or educational purposes without compensation to you. 

We reserve the right (but not the obligation) to monitor, edit, or remove any content that we determine, at our sole discretion, violates these Terms or applicable laws. 

OUR RIGHTS AND RESPONSIBILITIES 

  1. We own and operate the BLOOM⁴³ App and any Services. We will use reasonable endeavours to keep the technology powering the BLOOM⁴³ App and the Services operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Services. 

  1. We will perform the Services using reasonable skill and care. We offer no other warranty in respect of the Services, and all warranties which would otherwise be implied into these Terms by operation of law are excluded to the fullest extent permitted. 

  1. We may add or remove features from the BLOOM⁴³ App or any Services from time to time. We will use reasonable endeavours to inform you of changes to features of the BLOOM⁴³ App or any Services likely to have a significant impact on how you use it. 

  1. We do not warrant or accept any responsibility for the accuracy or completeness of the Content or related information provided on the BLOOM⁴³ App or through any Services. 

  1. The BLOOM⁴³ App and any Services are for guidance and information purposes only, and all Content provided on the BLOOM⁴³ App or through any Services is not intended to amount to medical advice on which reliance should be placed. We do not have knowledge of your specific state of health, and although the Content is intended to provide general information which may be of interest to you, we cannot guarantee that the Content is suitable for your personal health and symptoms. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read within the Content.  If you think you may have a medical emergency, call your doctor or the emergency services immediately. We do not recommend or endorse any specific tests, doctors, products, procedures, opinions, or other information that may be mentioned within the Content. We, therefore disclaim all liability and responsibility arising from any use of, or reliance on, any Content by you. 

  1. Although we make reasonable efforts to update the information on the BLOOM⁴³ App and any Services, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date. We will update and maintain the Content on the BLOOM⁴³ App as we deem necessary from time to time. 

  1. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the Content on the BLOOM⁴³ App or through any Services provided by us. 

 

YOUR RESPONSIBILITIES GENERALLY 

  1. You must be 18 years or older to use the BLOOM⁴³ App and our Services. 

  1. You are responsible for ensuring that all persons who access our BLOOM⁴³ through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. 

  1. In order to use the BLOOM⁴³ App, you must create an account with us. To register, we will ask you to provide us with your full name, display name, email address, your phone number (used for two-factor authentication “2FA” when you log in), your date of birth, your ethnic origin, your sex assigned at birth, and your country of residence.  

  1. You will be asked to choose a password. Once we have verified your email address, you will be notified that your account has been successfully activated.  

  1. You may not create an account with us using an assumed name or someone else’s identity. 

BLOOM⁴³ APP LICENCE 

Subject to your compliance with the Terms and the Apple Application Store or Google Android terms and conditions (discussed in further detail at paragraph 20), we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the BLOOM⁴³ App on a single, authorised mobile device that you own or control solely for your lawful, personal, and non-commercial use. 

BLOOM⁴³ APP LICENCE RESTRICTIONS 

You agree that you will: 

  1. not rent, lease, sub-license, loan, provide, or otherwise make available, the BLOOM⁴³ App in any form, in whole or in part to any person without prior written consent from us; 

  1. not copy the  BLOOM⁴³ App, except as part of the normal use of the BLOOM⁴³ App or where it is necessary for the purpose of back-up or operational security; 

  1. not translate, merge, adapt, vary, alter or modify, the whole or any part of the BLOOM⁴³ App nor permit the BLOOM⁴³ App to be combined with, or become incorporated in, any other programs, except as necessary to use the BLOOM⁴³ App on devices as permitted in these Terms; 

  1. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the BLOOM⁴³ App nor attempt to do any such things; and 

  1. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the BLOOM⁴³ App. 

 

ACCEPTABLE USE OF THE BLOOM⁴³ APP AND SERVICES 

You must: 

  1. not use the BLOOM⁴³ App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the BLOOM⁴³ App, or any Services or any operating system; 

  1. not infringe our intellectual property rights or those of any third party in relation to your use of the BLOOM⁴³ App or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms); 

  1. not transmit any material that is illegal, fraudulent, defamatory, offensive or otherwise objectionable in relation to your use of the BLOOM⁴³ App or any Services; 

  1. not use the BLOOM⁴³ App, or any of the Services to provide, or purport to provide, medical advice; 

  1. not use the BLOOM⁴³ App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and 

  1. not collect or harvest any information or data from the BLOOM⁴³ App or any Services or our systems or attempt to decipher any transmissions to or from the servers running the BLOOM⁴³ App or any Services. 

COMMUNITY FORUM CONTRIBUTION 

You agree that: 

  1. Any Community Forum Contribution you post to the BLOOM⁴³ App: 

  1. your own original work; 

  1. has been lawfully provided to us (in particular, it is not in breach of any intellectual property rights of any third parties) and that you have all necessary consents to provide this to us; 

  1. is not made to endorse or recommend, actively, any particular product or service; and 

  1. is not made to endorse, recommend or be hostile toward any specific surgeons or healthcare professionals;  

  1. is respectful to other users. 

 

  1. In engaging in our community forum and posting any Community Forum Contribution on the BLOOM⁴³ App, you agree: 

  1. not to deliberately post hostile messages (also known as ‘flaming’ or ‘bashing’); 

  1. not to befriend any other users in an abusive or exploitative manner (also known as ‘grooming’); 

  1. that your Community Forum Contribution does not contain any material which might bring us or the BLOOM⁴³ App into disrepute; 

  1. not to promote violence, any pornographic material or any activity that is illegal; and 

  1. not to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 

  1. Any reliance you may place on any Community Forum Contribution is at your own risk. You should make all such reasonable enquiries as are necessary (including with any qualified third parties) and take all such reasonable steps to protect yourself if you wish to rely on any information in any Community Forum Contribution on the BLOOM⁴³ App. The Community Forum Contribution is provided either by you and other users of the BLOOM⁴³ App for general information and discussion purposes only. It does not constitute technical or medical advice or any other type of advice and should not be relied on for any purposes. We therefore disclaim all liability and responsibility arising from your use of, or reliance on, any Community Forum Contribution. 

  1. Any Community Forum Contribution you upload to the BLOOM⁴³ App will be considered non confidential and non-proprietary. 

  1. If you believe a Community Forum Contribution uploaded to the BLOOM⁴³ App is in breach of these Terms and you wish to complain, you may notify us by clicking on the “Report” button within the BLOOM⁴³ App. 

  1.  We reserve the right to remove any Community Forum Contribution reported to us that in our opinion does not comply with these Terms.   

INTELLECTUAL PROPERTY RIGHTS 

We own or are licensed to use the intellectual property rights in the BLOOM⁴³ App and our Services, including our branding and the underlying technologies. You may not make any use of or exploit in any way any of our intellectual property rights. 

You acknowledge that all intellectual property rights in the BLOOM⁴³ App and the Services anywhere in the world belong to us or our licensors, that rights in the BLOOM⁴³ App and the Services are licensed (not sold) to you, and that you have no rights in, or to, the BLOOM⁴³ App, or the Services other than the right to use each of them in accordance with these Terms. 

OUR LIABILITY TO YOU 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

We are not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of earnings, emotional distress, additional medical costs, or any health complications resulting from your use of the BLOOM⁴³ App, Services, or products—even if we were advised of the possibility of such damages. 

We only supply the BLOOM⁴³ App and any Services for domestic and private use. You agree not to use the BLOOM⁴³ App and any Services for any commercial, business or re-sale purpose and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

The BLOOM⁴³ App and Content do not constitute medical advice and should not be relied upon for diagnosis or treatment. Always consult a licensed medical professional before taking any health-related action. 

If our provision of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. 

With respect to the BLOOM⁴³ medical device, our liability shall be limited solely to the refund, repair, or replacement of the product in accordance with our Return and Exchange Policy. We do not accept liability for any harm, damage, or injury resulting from misuse of the product, failure to follow usage instructions, or contraindicated use. 

MEDICAL DEVICE DISCLAIMER AND LIMITATION OF LIABILITY 

To the maximum extent permitted by applicable law, you acknowledge and agree that: 

  • The BLOOM⁴³ medical device is intended for use only under the direction of a licensed healthcare professional and in accordance with the instructions provided. 

  • You assume all risks arising from misuse, improper handling, or failure to follow any instructions, warnings, or informational materials provided with the BLOOM⁴³ device. 

  • Plexāā shall not be liable for any injury, loss, or damage—including personal injury or health complications—arising from or related to your misuse of the BLOOM⁴³ device. 

  • Plexāā’s liability in relation to the BLOOM⁴³ device shall be strictly limited to the repair, replacement, or refund of the product as set out in our Return and Exchange Policy. 

  • Plexāā disclaims any and all liability for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of earnings, medical expenses, or emotional distress, even if advised of the possibility of such damages. 

 

 

ACCESSIBILITY AND COMPLIANCE 

We are committed to ensuring that the Bloom⁴³ App is accessible to all users, including those with disabilities. In accordance with the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards, we strive to provide an accessible and user-friendly experience. We are continuously working to improve accessibility and ensure that our app complies with applicable accessibility laws. If you have any difficulty accessing our services or have suggestions for improvement, please contact us at support@plexāā.com 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM 

We do not guarantee that the BLOOM⁴³ App will be secure and free from bugs or viruses. 

You are responsible for configuring your information technology, computer programmes, device and platform in order to access the BLOOM⁴³ App. You should use your own virus protection software. 

YOUR RIGHTS TO END THE CONTRACT WITH US 

You may end these terms by: 

  1. de-activating your account at any time by contacting our support team from this page and requesting that your account is deactivated; and 

  1. deleting the BLOOM⁴³ App completely from all devices. 

  1. Once you have de-activated your account your profile will no longer be visible.  

OUR RIGHTS TO END THE CONTRACT WITH YOU 

We may end these Terms for convenience and without any liability, by giving you written notice. 

We may end these Terms immediately and cancel your access to the BLOOM⁴³ App you if you have broken these Terms in a serious way such as: 

  1. if you breach any of the licence restrictions, acceptable use restrictions or Community Forum Contribution obligations in paragraphs 9,10 and 11 of these Terms; 

  1. if we are subject to any laws or regulations which require us to end your use of the BLOOM⁴³ App and/or the Services; or 

  1. if we have security concerns in relation to your use of the BLOOM⁴³ App and/or the Services. 

  1. If what you have done can be put right, we will give you a reasonable opportunity to do so. 

END OF CONTRACT 

If these Terms are ended: 

  1. the licence to use the BLOOM⁴³ App and all rights given to you under these Terms shall stop immediately; 

  1. you must immediately stop using the BLOOM⁴³ App and the Services; and 

  1. you must immediately delete or remove the BLOOM⁴³ App from all devices. 

HELP DESK 

Should you require any help using the BLOOM⁴³ App or the Services, please contact us via the Customer Support page here 

APPLE APPLICATION STORE OR GOOGLE ANDRIOD TERMS MAY APPLY 

The ways in which you can use the Services may also be controlled by the Apple Application Store or Google Android terms and conditions and policies and they will apply instead of these Terms where there are differences between the two. 

OPERATING SYSTEM REQUIREMENTS FOR THE BLOOM⁴³ APP 

The BLOOM⁴³ App requires one of the following devices: 

Apple: An Apple device running on iOS 13.4 and above.  

Android: An Android device with internet access running Android v7.0 or above operating system.  

We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems. 

YOUR PRIVACY 

When we process your personal data, we do so in accordance with applicable data protection laws, and as outlined in our Privacy Policy (which may be updated from time to time). By using the BLOOM⁴³ App and our Services, you acknowledge and agree to the processing of your personal data as described in our Privacy Policy, which is hereby incorporated into these Terms by reference.  

Your Rights Under CCPA 

If you are a California resident, you have the right to opt out of the sale or sharing of your personal data as defined under the California Consumer Privacy Act (CCPA). We do not sell personal data, but if we ever engage in such activities, you will have the right to opt out. 

To exercise your right to opt out, please follow the instructions in our Privacy Policy.  

 

COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION 

If you have a complaint, please email us at support@plexāā.com   

In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show. 

OTHER IMPORTANT TERMS 

These Terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service. 

No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these Terms. 

These Terms are the terms of a contract whereby we provide you with access to our Services. Nothing in these Terms will create any relationship of partnership, agency or employment between us. 

No waiver of any of these Terms will be valid unless we agree it in writing. 

These Terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.