Terms and Conditions
Pelago is an online self-service event management platform provided by Waypoint Asia
Limited that enables event organizers and promoters to plan, promote and sell tickets to
social events and connects event organizers and promoters with users seeking to discover
events, buy tickets to an event and share the events they are attending or planning to
attend (collectively the “Services”). The Services are accessible at www.pelago.events and
any other website through which Waypoint Asia makes the Services available (collectively
the “Site”) and as an application for mobile devices (the “Application”). By using the Site or
Application you agree to comply with and be legally bound by the terms and conditions of
these Terms of Service (“Terms”) whether or not you become a registered user of the
Services. These terms govern your access to and use of the Site, Application and Services
and all Collective Content (defined below), and constitutes a binding legal agreement
do not agree to these Terms, you have no right to obtain information from or otherwise
continue to use the Site, Application or Services.
“Content” means information, text, software, data, images, video, graphics, design, music,
sound and other material made available through the Pelago Site and Application.
“Collective Content” means User Content and Waypoint Asia Content.
“Intellectual Property Rights” means throughout the world all copyrights, database
rights, trademarks, trade names, patents and other intellectual property or industrial
property rights created, developed and subsisting;
“Event Organizer” or “Promoter” means a person(s) signing-up to the Application in
order to use its Services for creating and promoting their own events. An “Event Organizer”
or “Promoter” is a specific type of User.
“PDPs” means potentially destructive contaminating or harmful computer programs or
components such as, but not limited to, worms, trojan horses and viruses.
“Pelago Service Fee” refers to the fees charged by Waypoint Asia (processing fees) for a
ticket purchase in addition to the payment gateway fees (eg. PayPal fees).
“Refund Processing Fee” refers to fees charged for processing a refund of a ticket
purchase and includes the payment gateway charges and Pelago processing charges.
“Service” means the Pelago Application or Site.
“Ticket” means a ticket issued through the Site, Application or Services to allow a User
entry into a specified event.
“User” means any individual or business (including any sole trader, partnership, limited
company or other organization or person) who: a) completes the sign-up process (either
itself or by means of a duly authorized officer, agent or other representative) including but
not limited to Event Organizers or Promoters and Guests; b) buys one or more tickets; c)
registers to attend an event; or d) uses the Services in any way.
“User’s Equipment” means the User's own computer equipment, phone equipment,
telecommunications dial-up connection, software, any telecommunication services and
communications lines (including any public lines) required by the User properly to access
and use the Services by the following means: a) downloads the Application from the Apple
App Store, Android Play Store or Google; b) clicks on a URL link from any source that directs
the User to a Pelago web page (mobile, tablet or desktop);
“Waypoint Asia” means Waypoint Asia Limited, a company registered in Hong Kong with
company number 2023495 and whose registered office is at 3A Skyview Cliff, 49 Conduit
Road, Hong Kong. Pelago is a trading name of Waypoint Asia Limited.
“Waypoint Asia Content” means all Content that Waypoint Asia makes available through
the Site, Application or Services including any Content licensed from a third party, but
excluding User Content.
Reference to any statute or statutory provision includes a reference to that statute or
statutory provision as from time to time amended, extended, re-enacted or consolidated;
and all statutory instruments or orders made pursuant to it. Words denoting the singular
number only shall include the plural and vice versa. Words denoting any gender shall
denote all genders and words denoting persons shall include firms and corporations and
vice versa. Unless the context otherwise requires reference to any clause, sub-clause or
schedule is to a clause, sub-clause or schedule (as the case may be) of or to this
Agreement. The headings in this document are inserted for convenience only and shall not
affect the construction or interpretation of this Agreement.
Waypoint Asia reserves the right at its sole discretion to modify the Site, Application or
Services or to modify these Terms, including the Service Fees, at any time and without prior
notice. Modifications to the Terms will be posted on the Site or via the Application and shall
become effective immediately upon posting. By continuing to use the Site, Application or
Services following any such modification you are indicating that you agree to be bound by
the modified Terms. If the modified Terms are not acceptable to you, your only recourse is
to cease using the Site, Application and Services.
In order to access certain features of the Site and Application, you must sign-up to create
an account (“Pelago Account”) and become a User. You may sign-up to join the Services
directly via the site or Application or as described in this section.
You can also sign-up to the Application by logging into your account with certain thirdparty
social networking sites (“SNS”) (including but not limited to Facebook, each such
account, a “Third-Party Account”), via our Site or Application, as described below. As part of
the functionality of the site, Application and Services you may link your Pelago account with
Third-Party Accounts, by either (i) providing your Third-Party Account login information to
Waypoint Asia through the Site, Application or Services, or (ii) allowing Waypoint Asia to
access your Third-Party Account as permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent that you are entitled to
disclose your Third-Party Account login information to Waypoint Asia and/or grant
Waypoint Asia access to your Third-Party Account (including but not limited to for use for
the purposes described herein), without breach by you of any of the terms and conditions
that govern your use of each Third-Party Account and without obligating Waypoint Asia to
pay any fees or making Waypoint Asia subject to any usage limitations imposed by such
third-party service providers. By granting Waypoint Asia access to any Third-Party Accounts,
you understand that Waypoint Asia will access, make available and store (if applicable) any
Content that you have provided to and stored in your Third-Party Account (“SNS Content”)
so that it is available on and through the Site, Services and Application via your Pelago
Account and Pelago Account profile page. Unless otherwise specified in these Terms, all
SNS Content, if any, will be considered to be User Content for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that
you have set in such Third-Party Accounts, personally identifiable information that you post
to your Third-Party Accounts will be available on and through your Pelago Account on the
Site, Services and Application. Please note that if a Third-Party Account or associated
service becomes unavailable or Pelago’s access to such Third-Party Account is terminated
by the third-party service provider, then SNS Content will no longer be available on and
through the Site, Services and Application. You have the ability to disable the connection
between your Pelago Account and your Third-Party Accounts, at any time, by accessing the
“Settings” section of the Site and Application. Please note that your relationship with the
third-party service providers associated with your third-party accounts is governed solely by
your agreement(s) with such third-party service providers. Waypoint Asia makes no effort to
review any SNS Content for any purpose, including but not limited to for accuracy, legality
or non-infringement and Waypoint Asia is not responsible for any SNS Content.
We will create your Pelago Account and your Pelago Account profile page for your use of
the Site and Application based upon the personal information you provide to us or that we
obtain via an SNS as described above.. You agree to provide accurate, current and
complete information during the sign-up process and to update such information to keep it
accurate, current and complete. Waypoint Asia reserves the right to suspend or terminate
your Pelago Account and your access to the Site and Application if any information
provided during the sign-up process or thereafter proves to be inaccurate, not current or
incomplete. You are responsible for safeguarding your password. You agree that you will
not disclose your password to any third party and that you will take sole responsibility for
any activities or actions under your Pelago Account, whether or not you have authorized
such activities or actions. You will immediately notify Waypoint Asia of any unauthorized use
service provider or other third party service provider, you must be at least 18 years of age,
or the legal age of majority where you reside if that jurisdiction has an older age of majority,
to register for a Pelago account.
- SERVICES AND RESPONSIBILITIES
4.1 Waypoint Asia’s Services and responsibilities
Waypoint Asia via the Pelago Site and Application provides the following services: a)
displaying and listing events as submitted by the Event Organizer; b) allowing the Event
Organizer to promote his/her event by sending email invitations and sharing the event on
social networks; c) accepting and processing on-line orders for tickets (free or paid) to the
event that a User wishes to attend; d) providing User with a confirmation number for his/her
transaction and ticket; e) allowing the Event Organizer to register Guests arriving at the
event; f) displaying an event dashboard to provide Event Organizers with real time data on
their sales and marketing results.
Waypoint Asia at its sole discretion reserves the right to: (a) refuse to accept a User's signup;
or (b) limit a User's access to the whole or any part of the Services.
Access to Pelago is permitted on a temporary basis and Waypoint Asia reserves the right to
suspend at its sole discretion the whole or any part of the Services for any reason
whatsoever. In such situations, Waypoint Asia shall seek to, but shall not be obliged to, give
the User as much notice as is reasonably practicable. For the avoidance of doubt, Waypoint
Asia shall not be liable to the User for any loss whatsoever arising from such a suspension.
Waypoint Asia shall be entitled to vary the technical specification of the Services from time
to time. Waypoint Asia may, for this purpose, suspend access to the Pelago Site or
Application or close them indefinitely. Any of the material on Pelago may be out of date at
any given time and we are under no obligation to update our material.
4.2 Event Organizers and Promoters’ responsibilities
Pelago is a self-service platform, which allows Event Organizers or Promoters to market and
promote events. Waypoint Asia is in no way responsible for the content of events uploaded
onto the Site or Application and in no way endorses nor is affiliated with these events.
It is the sole responsibility of the Event Organizer or Promoter listing the event to make sure
that the event details are correct, this includes but is not limited to: event date and time,
ticket types and related prices, refund / chargebacks policy and door policy. Waypoint Asia
is in no way responsible for incorrectly described events, nor is it responsible for any
revenue lost as a consequence.
Should the Event Organizer cancel an event it is the Event Organizer's responsibility to
inform Waypoint Asia and the customers who purchased tickets. The Event Organizer is
responsible for paying refund charges for cancelled events, or contacting customers
regarding an alternative date.
Waypoint Asia has the right to remove any events and take off sale any tickets, which it
believes to be unsuitable for the Pelago Site or Application. Waypoint Asia has the right to
withhold payouts for up to 45 calendar days in case of suspected fraud.
Event Organizers are responsible for informing Waypoint Asia of any bugs or issues with the
Site or Application. Waypoint Asia is in no way liable for losses caused by these bugs or
issues, but will endeavor to fix these as soon as possible.
Waypoint Asia accepts no responsibility for misused Event Organizer or Promoter Pelago
Accounts. Waypoint Asia is not liable for losses incurred due to the misuse of a Pelago
Account by the Account owner or any other party. This includes but is not limited to
incorrect event information and other general misuse of the Account.
The Event Organizer agrees that Waypoint Asia will at all times be acting as the agent in
arranging the sale of tickets to events. Waypoint Asia is not acting as a principal in the sale
of tickets, nor do the tickets become at any time the property of Waypoint Asia. The
Organizer hereby acknowledges that any taxes due and payable on the sale of the tickets
are the Organizer's responsibility. Waypoint Asia has a right to charge a transaction fee
(“Service Fee”) over and above the face value of the ticket. This fee constitutes a financial
transaction charge used to cover Waypoint Asia's cost of providing the Site, Application and
4.3 User’s responsibilities
The User shall be responsible for obtaining and maintaining the User's Equipment. Waypoint
Asia has no responsibility or liability with respect to the User's Equipment.
The User acknowledges that despite Waypoint Asia taking reasonable precautions it is still
possible that PDPs may be transmitted from the Server or a server belonging to any third
party to the User's Equipment. The User therefore accepts that he shall have full
responsibility for protecting the User's Equipment from PDPs and Waypoint Asia shall have
no responsibility for ensuring that content downloaded from the mobile application and/or
website is free of PDPs.
The User shall ensure at all times that its use of any part of the Services, including
connection of the User's Equipment to the Server, is in accordance with all applicable data
protection and other laws, licenses, codes of practice and regulations and is not in breach.
of any contractual, statutory (including but not limited to infringement of Intellectual
Property Rights, data protection, defamation, theft, fraud, drug-trafficking,
money-laundering and terrorism statutes) or common law rights of any third party.
The User represents and warrants that all the information that it supplies to Waypoint Asia
shall be accurate, complete and true in all respects and the User agrees that it shall notify
Waypoint Asia immediately of any changes to such information or if such information
becomes out of date.
The Services shall only be used by the User or a duly authorized officer, agent or other
representative of the User. The User may not sell on or sublet either the whole or part of the
The User shall not permit anyone else to copy, store, modify, transmit, distribute or
broadcast any part of the Content except where it is necessary to do so to enable the User
to receive the Services in accordance with these Terms.
In order to access the Services the User may be required to use a unique password
('Password'). The User may only disclose its Password to its duly authorized officers, agents
or other representatives. The User is responsible for the security and proper use of its
Password and shall take all necessary steps to ensure that the Password is kept confidential,
used properly and not disclosed to unauthorized persons.
The Services are provided by Waypoint Asia subject to the condition that there will be no
abuse or fraudulent use thereof by the User. Abuse and fraudulent use of the Services shall
include (without limitation): a) obtaining or attempting to obtain, the Services by
re-arranging, tampering with, or making connection with any facilities of Waypoint Asia, or
by any trick, scheme, false representation or by or through any other fraudulent means or
devices whatsoever in whole or in part; b) attempting to, or actually obtaining, accessing,
altering or destroying any one or more from the data files, programs, procedures and
information on the Pelago Application or Site or of Waypoint Asia or of another user of the
Services; c) assisting another to perform the acts prohibited in a) and b) above; d) using the
Services in such a manner as to interfere unreasonably with the use of the Services by any
other User or authorized person; e) use of the Services by any person unless they are a duly
authorized officer, agent or other representative of the User; f) use of the Services to create
a fictitious event for the purposes of defrauding ticket purchasers; g) use of the Services to
publish an event for the sole purpose of self-promotion of a product or service and no
intention to conduct an actual event; and h) use of the Service to publish an event with an
attempt to deceive users as regards quality or content of the event.
- PAYMENT AND SERVICE FEES
Tickets sold through the Pelago Site or Application are for events advertised by Event
Organizers or Promoters through Pelago. The Event Organizer, in its sole discretion,
determines factors such as ticket pricing, ticket types, available tickets quantity and
occurrence of the event. Tickets may be sold exclusively through Pelago or through other
companies not associated with Pelago.
Where a User pays for tickets through the Pelago Site or Application, we accept several
methods of payment, including but not limited to Paypal, MasterCard and VISA. Any tickets
purchased via the Site or Application are subject to a Service Fee. The Service Fee is
charged to the ticket buyer or to the Event Organizer as defined by the Event Organizer
when creating the event. The Pelago Site or Application collects payment of the ticket fees
at the time of confirmation of the ticket purchase by the buyer. Waypoint Asia initiates
payment of the ticket purchase amounts minus applicable Service Fees to the Event
Organizer within five (5) Hong Kong business days after the event. The time it takes for the
Event Organizer to receive payouts will depend upon the method for receiving payouts
chosen by the Event Organizer. Some methods involve the use of third-party payment
processors, who may charge the Event Organizer their own additional fees for the use of
their services and may impose their own timing as regards payouts.
5.1 Pelago Fees
It is completely free to use Pelago for free events. There are no monthly charges or set-up
fees and Pelago gives you access to powerful event promotion, event registration and
Pelago service fee
If your event is paid, we charge a service fee of 2.5% of the ticket cost plus 8 HKD per ticket
sold in Hong Kong Dollar.
Payment processing fee
A payment processing fee also apply as set by the payment gateway. Pelago currently uses
PayPal to accept payments when you set-up a paid event.
The table below provides a summary of the fees applicable per currency currently available
Currency Pelago service
HKD 2.5% + 8 HKD See PayPal fees Visa, Mastercard, PayPal
SGD 2.5% + 1.40 SGD See PayPal fees Visa, Mastercard, PayPal
USD () 3.9% + 1 USD See PayPal fees Visa, Mastercard, PayPal
() USD fee is for USD transactions outside of the United States.
- ORDER PROCESSING
You hereby authorize Waypoint Asia to charge or debit your payment card or other account
for the face value of any tickets you purchase, as well as any fees or other charges (such as
taxes) that may be due in connection with any transactions you request through the Pelago
Site or Application. Your ticket purchase order will be processed after your billing
information has been verified. You will receive confirmation that your order was processed
successfully via email shortly after the transaction is completed. If you do not receive an
email confirmation of your purchase in either your email in-box or Spam email folder after
submitting payment information, or if you experience an error message or service
interruption after submitting payment information, it is your responsibility to confirm
whether or not your order has been placed by contacting Pelago Customer Support and
warrant that any credit or debit card or other billing information that you provide is valid and
accurate in all respects.
Tickets purchased through Pelago will always be distributed in electronic format to the
email you enter in connection with the purchase whereby tickets can be printed by the user
to produce purchased tickets in physical form. Pelago will send a receipt to your e-mail
immediately after your purchase.
Tickets sold through Pelago are refundable in cases where the event is cancelled or
postponed by the Organizer or the event does not take place for any reason.
In cases where the event is cancelled or is not taking place:
It is the responsibility of the Event Organizer a) to inform the event ticket purchasers via the
Pelago Application or otherwise of an event cancellation as soon as the decision to cancel
an event has been made, b) to disable all ticket types associated with this event on the
Pelago Application and c) to pay the Refund Processing Fee to Waypoint Asia before the
tickets are to be refunded by Waypoint Asia. The ticket purchase Service Fee is nonrefundable.
In addition, the ticket purchase Refund Processing Fee is payable by the Event
Organizer. The ticket purchaser will receive a refund equal to the original ticket purchase
amount less any ticket purchase Service Fee.
In cases where the event is postponed:
It is the responsibility of the Promoter to inform the event ticket purchasers via the Pelago
Application or otherwise of an event postponement as soon as the decision to postpone an
event has been made. The ticket purchaser may request a refund from Pelago Customer
Service. The Service Fee is non-refundable. In addition, the ticket purchase Refund
Processing Fee is payable by the ticket purchaser. The ticket purchaser will receive a refund
equal to the original ticket purchase amount less the Service Fee and the Refund
Disputes between the Event Organizer and the ticket purchaser related to refunds are to be
raised to Pelago Customer Support by the ticket purchaser and/or the Organizer. Any
assistance provided by Pelago Customer Support to process refunds does not change the
terms set out in this Agreement, nor does it imply that Waypoint Asia accepts any legal
responsibility regarding any aspects of the Organizer’s event.
You agree that you shall be solely responsible for all Content that you contribute to the
Pelago Site and Application and the consequences of submitting and publishing your
Content. Waypoint Asia makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any user-submitted Content
and under no circumstances will Waypoint Asia be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise made available via the Site or Application.
Furthermore, the Site and Application may contain links to other websites, which are
completely independent of Waypoint Asia. We make no representation or warranty as to the
accuracy, completeness or authenticity of the information contained in any linked Site.
You agree not to use the Site and Application to make available any Content that is illegal,
offensive, harmful, threatening, abusive, harassing, defamatory, hateful, vulgar, obscene
invasive of another's privacy, or racially, ethnically or otherwise objectionable; or any
Content that violates the intellectual property or other rights of third parties, or any Content
that threatens the safety of others. You understand and agree that Waypoint Asia may
review and delete any Content that in its sole judgment violates this Agreement.
As a User of Pelago, you are encouraged to contact Pelago Customer Support immediately
if you suspect any User violates the terms of this Agreement.
- INTELLECTUAL PROPERTY
10.1 Waypoint Asia Content
The Pelago Site and Application and its Content are protected by Intellectual Property rights
and laws. Waypoint Asia may own the Site and Application Content or portions of the Site
and Application Content may be made available to Waypoint Asia through arrangements
with third parties. All rights in Waypoint Asia Content are the copyright of Waypoint Asia or
Any redistribution, reproduction, distribution or commercial exploitation of part or all of the
contents in any form, transmitting or storing Pelago Site or Application Content in any other
Site or Application or other form of electronic retrieval system, are strictly prohibited. The
Pelago Site and Application Content shall be used only for purposes that are permitted by
this TOS and any applicable laws and regulations (foreign and domestic).
10.2 User Content
You agree that Content you submit to the Pelago Site or Application shall not infringe
Intellectual Property and data protection rights of any third party and shall comply with
applicable laws and regulations (foreign and domestic). In addition you agree that for such
Content, you automatically grant to Waypoint Asia a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free license to use, reproduce, adapt, modify, distribute, translate,
publish, create derivative works of, perform, display and otherwise exploit such Content,
and to grant and authorize sublicenses of the foregoing. Furthermore you also agree that
Waypoint Asia may use your name and logo for the purpose of identifying you as a
customer of Waypoint Asia both on the Site and Application and in marketing and
- DISCLAIMER OF WARRANTIES
We endeavor to provide the best service we can, but you agree and understand that the
Pelago Site and Application are provided “as is”, without express or implied warranty or
condition of any kind. To the fullest extent permitted by law, Waypoint Asia, its directors,
employees and other representatives disclaim any warranties or conditions of
merchantability, title, non-infringement, or fitness for a particular purpose. Waypoint Asia
makes no warranty that (i) the Service will be uninterrupted, secure, timely or error-free, (ii)
the quality, safety, legality of content, products or services advertised or offered through
the Site and Application will be satisfactory, (iii) user-submitted Content will be accurate,
complete or true.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Waypoint Asia nor any of its
directors, employees or other representatives be liable for any direct, indirect, incidental,
special, punitive, losses or expenses or consequential damages, whatsoever resulting from
any (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of
any nature whatsoever, resulting from your access to or use of the pelage Site or
Application, (iii) any unauthorized access to or use of our secured servers, any interruption
or cessation of transmission to or from our Sit or Application, (iv) any bugs, viruses, Trojan
horses or the like which may be transmitted to or through our Site or Application by any
third party, (v) any errors or omissions in any content or for any loss or damage of any kind
incurred as a result of your use of any content posted, emailed, transmitted, or otherwise
made available via the Pelago Site or Application, whether based on warranty, contract, tort,
or any other legal theory.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply
that cannot be legally excluded, if that is the case in your jurisdiction, then to the extent
permitted by law, Waypoint Asia limit its liability for any claims under those warranties or
conditions to either supplying you the Service again (or the cost of supplying you the
Waypoint Asia shall not be responsible for any delay in, or failure of, the Services or the
internet due to any occurrence commonly known as force majeure, including war, riots,
embargoes, terrorism, strikes, or other concerted acts of workmen (whether of Waypoint
Asia or others) casualties or accidents, or any other causes, circumstances, or
contingencies beyond Waypoint Asia’s control, which prevent or hinder the performance of
Waypoint Asia of any of its obligations hereunder.
These Terms will continue to apply to you until terminated by either you or Waypoint Asia.
Waypoint Asia may terminate the Terms or suspend your access to the Pelago Site and
Application at any time, including in the event of your actual or suspected non-compliance
with the Terms. Immediately upon termination of the Terms, the User is no longer
authorized to use the Pelago Site and Application. Any continued use of the Site and
Application by the User explicitly confirms User approval of these Terms.
Failure or neglect by Waypoint Asia to enforce at any time any of the provisions hereof shall
not be construed nor shall be deemed to be a waiver of Waypoint Asia 's rights hereunder
nor in any way affect the validity of the whole or any part of these Terms nor prejudice
Waypoint Asia 's rights to take subsequent action.
These Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Waypoint Asia without restriction.
Any notice required or permitted under the terms of this Agreement or required by statute,
law or regulation shall (unless otherwise provided) be in writing and shall be delivered in
person, or sent by registered mail or air mail as appropriate, properly posted and fully
prepaid in an envelope properly addressed to Waypoint Asia as follows: All notices shall be
sent to Waypoint Asia at Waypoint Asia 's address: Waypoint Asia Limited, 3A Skyview Cliff,
49 Conduit Road, Hong Kong or to such other address as may be designated by notice set
out on the website or otherwise notified to the User. Waypoint Asia may at its sole discretion
notify Users of any matter by displaying a message on the website. Any such notice shall be
in the English language and considered to be received within seven working days after it
was sent in the manner herein before provided.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable
in any respect under the law of any jurisdiction, that shall not affect or impair: a) the legality,
validity or enforceability in that jurisdiction of any other provision of this Agreement or; b)
the legality, validity or enforceability under the law of any other jurisdiction of that or any
other provision of this Agreement.
This Agreement supersedes any arrangements, understanding, promises or agreements
made or existing between the parties hereto prior to this Agreement in respect of the
Service and constitutes the entire understanding between the parties hereto regarding the
same. Except as otherwise provided herein, no addition, amendment to or modification of
this Agreement shall be effective unless it is in writing and signed by and on behalf of both
This Agreement shall be governed and construed in accordance with Hong Kong Law and
parties hereby submit themselves to the exclusive jurisdiction of the Hong Kong Courts in
respect of any claim (including non-contractual disputes or claims).