TransDateLover TERMS OF SERVICE
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS OF SERVICE CONSTITUTE A VALID AND BINDING AGREEMENT BETWEEN BLIXSTER BUSINESS GROUP LIMITED AND YOU FOR THE USE OF THE TransDateLover SERVICES
TransDateLover Services are strictly reserved for adults aged 18 or over (or if older the age of majority in your place of residence). By accessing or using TransDateLover Services you confirm that you are aged 18 or such older age, and that your use of the TransDateLover Services is allowed in your place of residence.
Section 1: Agreement
1.1 By clicking on the ACCEPT button or installing or using the TransDateLover Services you are entering into a legally binding agreement and agree that this Agreement as updated from time to time covers all your access to or use of the TransDateLover Services, on any Device where TransDateLover Services have been installed, by you or by any third party.
1.2 This Agreement is made between you and TransDateLover only and not with any of the Channels (defined below). The TransDateLover Services, including customer support services, are not provided by the Channels but by TransDateLover, who is solely responsible for them subject to the terms of this Agreement.
1.3 You hereby agree that all agreements, orders and correspondence in connection with the TransDateLover Services can be made electronically and, to the extent permitted under applicable law, you waive any requirements for original documents or signatures.
1.4 You understand that TransDateLover may check your age when you register for or use the TransDateLover Services.
Section 2: Definitions
In this Agreement, the following capitalised terms have the following meanings:
2.1 This Agreement: these Terms of Service, as may be updated, supplemented and/or amended from time to time.
2.2 Channel: any third party physical or virtual shop, store, retailer, kiosk, portal, hardware provider, channel partner or similar vendor and any service provider associated with them, through or from which you download or access any TransDateLover Services.
2.3 Device: any device on which the TransDateLover Services are installed, accessed and/or used from time to time, including without limitation any type of computer, smartphone, tablet, console, smartTV or media player etc.
2.4 Documentation: any documentation relating to the use of the TransDateLover Services provided by TransDateLover online or by any other method, including applicable instructions or policies.
2.5 Gold Membership: a specific category of TransDateLover Paid Services which gives access to a range of facilities not usually available to all TransDateLover users as specified in the TransDateLover Website or application.
2.6 TransDateLover: Services are provided by Blixster, established in the United Kingdom.
2.7 TransDateLover Paid Services: any services which TransDateLover may offer against payment from time to time, including without limitation Gold Membership (see Section 9 below).
2.8 TransDateLover Services: the features and applications provided by TransDateLover under this Agreement including without limitation the TransDateLover mobile Device software, the TransDateLover Paid Services, the TransDateLover UI and Documentation, the TransDateLover Website, as well as all fixes, updates, extensions, replacements and upgrades.
2.9 TransDateLover Staff: the officers, directors, employees, agents, consultants and advisors of TransDateLover or its related companies.
2.10 TransDateLover Website: all elements, content, design and ‘look and feel’ of all websites operated by or on behalf of TransDateLover in connection with the TransDateLover Services, including without limitation the URL www.TransDateLover.com as added to or substituted from time to time.
2.11 IP Rights: any and all intellectual and/or industrial property rights, including but not limited to copyrights, designs, database rights, trademarks and patents, know-how and trade secrets (including trade and product names, signs, logos, or banners), whether registered or unregistered, contained in or relating to the TransDateLover Services, the Documentation or the TransDateLover Website.
2.12 Third Party Service: any product, service, store, website, software and/or other technology owned and controlled by anyone other than TransDateLover which may be incorporated into or accessible through the TransDateLover Services, into which the TransDateLover Services may be incorporated, or with which the TransDateLover Services may be distributed.
2.13 UI: the user interface of any TransDateLover Service.
2.14 User Account: the account with user ID and password chosen by or assigned to you for the purpose of installing, accessing or using the TransDateLover Services.
Section 3: TransDateLover End User Licence and Restrictions
3.1 Subject to the terms of this Agreement, TransDateLover hereby grants you a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-transferrable, non-assignable licence to download, install, access and use the TransDateLover Services on one or more Devices for the sole purpose of using the communication applications provided by TransDateLover and any other applications that may be explicitly provided by TransDateLover, for personal use.
3.2 You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights or access to third parties with regard to the TransDateLover Services or any part thereof.
3.3 You will not undertake, cause, permit or authorize the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, scraping or hacking or otherwise attempting to derive the source code of the TransDateLover Services or any part thereof.
Section 4: Third Party Services
4.1 Any Third Party Service that is incorporated in the TransDateLover Services is provided subject to the provisions of this Agreement.
4.2 Use of Third Party Services may in addition be subject to your signing up for an account with and accepting the terms and conditions of the relevant third party, including provisions relating to processing of personal data which may differ from TransDateLover’s policies and for which TransDateLover is not responsible. You acknowledge and agree that in relation to such Third Party Services your rights and obligations are exercisable exclusively between you and the applicable third party and TransDateLover and its related companies have no involvement or responsibility.
4.3 Certain TransDateLover Services use the Google Places service provided by Google, Inc. When you use these services you are also bound by Google’s Terms of Service as set out at http://www.google.com/intl/en/policies/terms/.
Section 5: IP Rights
5.1 You acknowledge that all IP Rights in the TransDateLover Services, software, networks, systems, content (including advertising content) and all other material provided to or accessible by you in connection with the TransDateLover Services, are and shall remain the exclusive property of TransDateLover and/or its licensors and include materials protected under applicable IP Rights laws in various territories worldwide (whether or not registered). Nothing in this Agreement shall act as a transfer or assignment of any such IP Rights to you, or permit you to use such IP Rights except as provided by TransDateLover within the TransDateLover Services. TransDateLover and its licensors reserve all rights not granted under this Agreement. All IP Rights in and to any third party content, products or services that are not contained within the TransDateLover Services, but may be accessed through use of the TransDateLover Services, are the property of the respective owners.
5.2 You agree that you will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or TransDateLover’s (or any other person’s) rights and ownership, in whatever form attached to, incorporated in or associated with the TransDateLover Services, Documentation or any other materials. You will not take any action to challenge, jeopardize, limit or interfere with the IP Rights.
Section 6: User Profiles, Communications and Materials
6.2 You hereby grant, and you represent and warrant that you have the right to grant, TransDateLover an irrevocable, non-exclusive, royalty-free, worldwide license to reproduce, distribute, communicate to the public, display and perform, create derivative works from, incorporate into other works, and otherwise use, with a right to sublicense, all materials posted or sent through your User Account. To the extent permitted by law, you waive any moral rights or attribution rights with respect to TransDateLover’s use of such materials.
6.3 TransDateLover at its discretion reserves the right – but is not obliged to – to monitor and to edit, correct, take down, store and/or permanently delete any material posted by you in any user profile, forum, chat or other use of the TransDateLover Services that TransDateLover in its discretion deems to be in breach of this Agreement or the Documentation, or otherwise inappropriate for any reason, or as required by any public authority, and to cooperate with and when requested to do so retain and/or provide such material to any such authority. You understand that sending or posting content referred to in Section 7.5 may result in termination of this Agreement and/or your exclusion from any or all TransDateLover Services.
6.4 You acknowledge that the contents of any data or communication sent or received using the TransDateLover Services is exclusively the responsibility of the person from whom such communication or content originated. You will be solely liable if you send or receive content referred to in Section 7.5 and you accept the risk that such content might be sent to you. TransDateLover will not be liable for any type of communication made by means of the TransDateLover Services. You may report an infringement of this Agreement or inappropriate content, behaviour or use of the TransDateLover Services from or by any other user to email@example.com although all decisions on any action to be taken shall be at TransDateLover’s sole discretion.
6.5 The TransDateLover Services are not a marketplace for escort or other paid for services. Users may not offer any commercial or paid for services of any kind using the TransDateLover Services (except for genuine advertisers that have entered into a specific agreement with TransDateLover) and you are advised never to send money or other valuable items to any other person you meet using the TransDateLover Services.
6.6 Please also contact firstname.lastname@example.org if you believe that any user has submitted or is otherwise using materials or IP Rights owned by you within the TransDateLover Services so that TransDateLover can investigate.
Section 7: Use of the TransDateLover Services
7.1 The TransDateLover Services are designed to enable you to post content, view content posted by others, and communicate with other TransDateLover Services users. Some features may be TransDateLover Paid Services or require Gold Membership for access as set out on the TransDateLover Website or mobile applications.
7.2 TransDateLover cannot guarantee that you will always be able to upload or view content, communicate with other persons, that all your communication will always be delivered to other users nor that such communication will be without disruptions, delays or communications-related errors.
7.3 You are entirely responsible for your contacts and interactions with other users. TransDateLover cannot guarantee that user profiles are accurate or real or that people are who they say they are. TransDateLover does not normally carry out any background checks or criminal record checks on its users. If you decide to meet another user, TransDateLover recommends meeting only in a public place and never at your home, and giving your real name, address and personal details only to people you trust.
7.4 Where the TransDateLover Services provide or include location based features, these are for personal use only and not for any emergency, route finding, driving or business purposes. You use these features at your own risk and for permitted purposes only.
7.5 You will use the TransDateLover Services exclusively for lawful purposes. In particular but without limitation you may not (a) intercept, monitor, interfere with or modify any communication which is not intended for you, (b) interfere with, hack, disrupt or gain unauthorised access to any network, computer system, database, server or hardware of TransDateLover or any other person, (c) impersonate any other person or use their name, image, User Account or ID, (d) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to attack, distort, delete, damage, disassemble or otherwise interfere with the TransDateLover Services or network, (e) send any unsolicited communication, including advertising or commercial communications, not permitted by applicable laws, regulations or codes of practice (e.g., spam), except where expressly agreed with or permitted by TransDateLover, (f) collect or harvest personal information from other users (e.g., phishing), (g) stalk, bully, harass, abuse or threaten any person or contact them when they have indicated that they do not wish to be contacted, (h) publish, transmit or expose any person to material which is pornographic, offensive, defamatory, harmful to minors, indecent, illegal, in breach of third party rights or otherwise objectionable, (i) show or provide the TransDateLover Services to or communicate with or about any underage person; (j) use the TransDateLover Services while driving or undertaking any hazardous activity, or (k) undertake any activity that is in breach of the law, public order, or public morality using the TransDateLover Services.
7.6 You must only use the TransDateLover Services in accordance with the terms of your agreement(s) with your internet service, mobile and fixed line communications provider as applicable. You must not use TransDateLover Services if they are not permitted by such agreement(s).
7.7 You agree that TransDateLover may impose limits on the use of the TransDateLover Services and/or terminate your use of the TransDateLover Services in order to ensure “fair use” and to protect the TransDateLover Services and networks, in particular if it appears to TransDateLover that the TransDateLover Services or networks are being resold or otherwise misused including through their use or access using any software or system not distributed or authorised by TransDateLover.
7.8 TransDateLover, in its sole discretion, reserves the right to add or delete features or functions, and/or to provide programming fixes, updates and upgrades, to the TransDateLover Services. You agree that TransDateLover has no obligation to make available to you any particular version or element of the TransDateLover Services and that they are subject to change, termination or suspension for any reason at any time, at TransDateLover’s discretion, including without limitation for maintenance, changes in applicable laws, requirements of the Channels, TransDateLover’s business decisions, breach though your User Account of any provision of this Agreement, or of the Documentation or other policies or instructions given from time to time, or for any other reason within or outside TransDateLover’s control. TransDateLover excludes all liability for any loss or damage whatsoever caused by the release and/or the absence of release of new versions of the TransDateLover Services and/or the suspension or termination of provision of or access to any part of the TransDateLover Services or this Agreement. You also agree that you may have to enter into a modified version of this Agreement, in order to download, install, access or use a new version of the TransDateLover Services.
Section 8: Utilization of your Device
8.1 You hereby acknowledge and agree that:
8.1.1 the TransDateLover Services may utilize the processor and bandwidth of any Device used to access or use them;
8.1.2 use of the TransDateLover Services, in addition to the cost of any TransDateLover Paid Services, may require you to contract, set up and pay for data and/or other communications services from your internet service, mobile or fixed line communications provider, including roaming charges if you are outside your home country. Please check the terms of your agreement with your communications provider before using the TransDateLover Services as you are solely responsible for all such costs and for selecting and paying for the appropriate Device, data, communications and internet access services and plans you wish to use with the TransDateLover Services; and
8.1.3 within the TransDateLover Services TransDateLover or its third party providers may serve and deliver advertisements to and access, index and record responses made from your Device. Any contacts with advertisers are made at your own discretion and risk and may be subject to their applicable terms of service or sale and privacy policies which are not controlled by TransDateLover and may differ from TransDateLover’s policies.
8.2 You acknowledge that TransDateLover will use its commercially reasonable efforts to protect the privacy and proper functioning of your Device and of your communications, but that TransDateLover does not give any guarantees in this respect.
Section 9: TransDateLover Paid Services
9.1 If you wish to use TransDateLover Paid Services, payments will be made exclusively in the manner(s) indicated by TransDateLover from time to time, including through service providers separate from TransDateLover. You need to agree to any specific terms presented at the moment of making a payment, including without limitation provisions relating to processing of personal data by that service provider which may differ from TransDateLover’s policies and for which TransDateLover is not responsible.
9.2 You are solely responsible for any charges incurred using your User Account and must keep your log-in details private and notify TransDateLover if you believe that another person has had unauthorized access to your User Account. In particular, the TransDateLover Services are reserved for adult users, and you must keep your User Account details private in order to prevent access by underage users.
9.3 Please be aware that occasionally third party websites may pose as TransDateLover sites and may request your User Account details. TransDateLover seeks to prevent the operation of such sites, but TransDateLover cannot be responsible for any consequences of interacting with any such site and recommends that you only log into your User Account via pages reached from www.TransDateLover.com.
9.4 If you have not already begun to use the applicable TransDateLover Paid Services, then depending on the type of service you may be entitled to a full refund provided you contact TransDateLover to claim this within fourteen days of purchase. Otherwise, all purchases are final and no refunds are available for payments made for TransDateLover Paid Services. In the event that you believe you have been charged in error, you must contact TransDateLover support within 7 days of such charge. If you have not used your credit for 6 months then it will automatically expire and you will lose it. TransDateLover will try to send you a reminder before it expires. No refunds will be given for charges which are more than 7 days old. If your User Account expires or is terminated you will also lose any remaining credit in your User Account. Note that certain special promotions may be subject to shorter expiry dates within which you would need to use the relevant credit, so please read the applicable terms carefully at the time of purchase.
9.5 Charges for TransDateLover Paid Services are subject to change. Unless otherwise specified, rates do not include VAT, and if TransDateLover is required to charge it VAT at the applicable rate will be added to the cost of your purchase.
9.6 If you encounter any problems related to payment, pricing or use of TransDateLover Paid Services, please contact email@example.com. Be aware that English is the language used for TransDateLover support services.
Section 10: Term and Termination
10.1 This Agreement will be effective from the date on which you accept it by (a) clicking on the ACCEPT button as stated above, or (b) your first use of the TransDateLover Services, and will remain effective until terminated by either TransDateLover or you as set out below.
10.2 Without limiting any other remedies, TransDateLover may without prior notice to you restrict, suspend or terminate any licences granted hereunder and/or your use of any version or element of the TransDateLover Services including the TransDateLover Paid Services, block access to the TransDateLover Website and/or suspend or cancel your User Account and/or ID, with immediate effect, if TransDateLover reasonably believes you have failed to comply with any terms contained in this Agreement, the Documentation and/or TransDateLover’s other policies or instructions, you have infringed someone else’s rights (e.g. IP Rights or privacy rights), or engaged in any fraudulent, unacceptable or illegal activity. TransDateLover reserves the right to cancel User Accounts that have been inactive for more than six months. If credits for TransDateLover Paid Services have been purchased and remain unused you will lose these but TransDateLover will try to remind you before any such cancelation.
10.3 You may terminate this Agreement with immediate effect at any time provided that you comply with all the conditions set out in Section 10.4 below.
10.4 Upon termination of this Agreement for any reason (a) all your licences and rights to use the TransDateLover Services shall terminate, and (b) you will cease all use of the TransDateLover Services, and (c) you will remove the TransDateLover Services from all Devices, hard drives, networks and other storage media and destroy all copies in your possession or under your control, and (d) any unused prepaid credits for TransDateLover Paid Services will be retained by TransDateLover and not repaid.
10.5 TransDateLover WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE CAUSED BY THE TERMINATION OF THIS AGREEMENT WHETHER OR NOT TransDateLover HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
Section 11: Representations and Warranties; Indemnification of TransDateLover
11.1 You undertake, represent and warrant that you (a) aged 18 or over, or if older the age of majority in your place of residence; (b) are not prevented from entering into this Agreement, complying with its terms, or using the TransDateLover Services that you use, (c) will only provide true, accurate, up to date and complete registration, contact and billing information, and (d) will at all times comply with your obligations hereunder, as well as any and all applicable laws, regulations and policies.
11.2 You agree to indemnify, defend and hold TransDateLover, its related companies and the TransDateLover Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of the absence, failure or outage of the TransDateLover Services and/or your (a) breach of any term of this Agreement or any applicable law or regulation, or (b) breach of any rights of any third party, or (c) use or misuse of the TransDateLover Services, or (d) communications made by means of the TransDateLover Services.
11.3 You acknowledge that the TransDateLover Services may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the TransDateLover Services as well as end-user, end-use and destination restrictions issued by national governments or international bodies.
Section 12: Disclaimer of Warranties / Limitation of Liability
12.1 THE TransDateLover SERVICES ARE PROVIDED “AS IS”. TransDateLover HEREBY EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE TransDateLover SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR ANY PARTICULAR PURPOSE OR REQUIREMENT. TransDateLover DOES NOT REPRESENT OR WARRANT THAT THE TransDateLover SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT MESSAGE, FILE OR PACKET LOSS, NOR DOES TransDateLover WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET OR ANY FIXED OR MOBILE COMMUNICATIONS NETWORK, OR ANY QUALITY, ACCURACY OR RELIABILITY OF COMMUNICATIONS MADE THROUGH THE TransDateLover SERVICES.
12.2 You agree that the entire risk arising out of the use or performance of the TransDateLover Services remains with you, to the maximum extent permitted by law.
12.3 YOU AGREE THAT TransDateLover, ITS RELATED COMPANIES, ITS LICENSORS AND THE TransDateLover STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE TransDateLover SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, INCLUDING FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, CONTRACT, BUSINESS, GOODWILL OR DATA, COMPUTER FAILURE OR PECUNIARY LOSS), EVEN IF TransDateLover, ITS RELATED COMPANIES OR THE TransDateLover STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE TransDateLover SERVICES TO LOCATE ANY PERSON.
12.4 YOU ALSO AGREE THAT THE CHANNELS ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WHATSOEVER IN RELATION TO THE TransDateLover SERVICES INCLUDING WITHOUT LIMITATION IN RELATION TO THE SALE, DISTRIBUTION OR USE, PERFORMANCE OR NON-PERFORMANCE THEREOF, PRODUCT LIABILITY, THIRD PARTY INTELLECTUAL PROPERTY CLAIMS, NON-COMPLIANCE WITH ANY APPLICABLE WARRANTY, LAW OR REGULATION (INCLUDING CONSUMER PROTECTION AND SIMILAR LEGISLATION), AND ANY CONTENT INCLUDED THEREIN THAT THEY HAVE NOT PROVIDED.
12.5 YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE TransDateLover SERVICES IS TO DE-INSTALL AND CEASE USE OF SUCH TransDateLover SERVICES, SAVE IN RESPECT OF TransDateLover SERVICES PURCHASED FROM A CHANNEL, IN WHICH CASE IF SUCH TransDateLover SERVICE FAILS TO COMPLY WITH ANY APPLICABLE WARRANTY, YOU MAY BE ENTITLED TO CONTACT SUCH CHANNEL AND REQUEST A REFUND OF THE PURCHASE PRICE AS ITS EXCLUSIVE OBLIGATION IN ACCORDANCE WITH ITS APPLICABLE TERMS AND CONDITIONS.
12.5 TransDateLover DOES NOT ENDORSE OR WARRANT AND ACCEPTS NO LIABILITY FOR ANY CONTACT, CORRESPONDENCE, TRANSACTIONS OR LOSS AND DAMAGE THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY THROUGH THE TransDateLover SERVICES, WHETHER OR NOT SUCH THIRD PARTY ADVERTISES WITHIN THE TransDateLover SERVICES. YOU ACKNOWLEDGE THAT PARTICULAR CARE IS REQUIRED – AND TransDateLover WILL HAVE NO LIABILITY FOR ANY ADVERTISEMENT, ANY INFORMATION TRANSMITTED OVER THE TransDateLover SERVICES OR ANY DECISIONS MADE – IN CONNECTION WITH ANY FINANCIAL SERVICES OR PRODUCTS.
12.5 To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you and TransDateLover’s liability will in that case be limited as far as possible under applicable law.
Section 13: General Provisions
13.1 TransDateLover reserves the right to modify this Agreement at any time by notifying you by any reasonable means and/or by publishing the modified Agreement on the TransDateLover Website. The modified Agreement shall become effective thirty days from such publication or notification, unless you expressly accept the modified Agreement earlier. Such express acceptance by you, or your continued use of any TransDateLover Service after expiry of the notice period of thirty days, shall constitute your acceptance to be bound by the terms and conditions of the modified Agreement. You can access the latest version of this Agreement at http://www.TransDateLover.com/en/legal/end-user-license-agreement
13.3 Should any term or provision hereof be deemed to be invalid, void or unenforceable this shall not affect the other terms of this Agreement, which shall remain in full force and effect.
13.4 The failure or delay by TransDateLover to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed by TransDateLover.
13.5 You cannot assign this Agreement or any rights or obligations hereunder. TransDateLover may assign this Agreement or any rights or obligations hereunder to any person, without prior notice.
13.6 You acknowledge that any relevant Channel and/or its subsidiaries are third party beneficiaries of these Terms of Service and where their rights are affected shall be entitled to enforce the same against you.
13.7 This Agreement shall be governed by and construed in accordance with the laws of England, but without depriving you of the benefit of any consumer protection rules that must be given to you in accordance with the terms of any international treaty.
13.8 Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of England.