8TH DAY UK LIMITED TERMS & CONDITIONS OF MEMBERSHIP AND BUSINESS
YOU MUST READ THESE TERMS CAREFULLY BEFORE MAKING ANY APPLICATION WITH THE COMPANY AND RETAIN A PAPER COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. BY APPLYING FOR MEMBERSHIP OR FOR PARTICIPATION IN AN EVENT OR ACTIVITY YOU AGREE TO THESE TERMS AND CONDITIONS.
"The Company" means 8th Day UK Limited, registered in England and Wales with No. 05167236
"Events" mean(s) anything organised and hosted by the Company
"Member" means any Member of 8th Day UK Limited or any person or persons intending to or who have applied for Membership of 8th Day UK Limited. No minor can become a member. Membership does not imply any interest as a shareholder
"Hosts" means a Member who acts as a host and point of contact for Events. A Host is not a legal or authorised representative of the Company and cannot enter into any contractual obligations or liabilities on its behalf. Only Directors of the Company can do so.
"Activities" are events organised by Members or Preferred Suppliers, and as such as not regulated by the Company and will have no Host in attendance.
"Preferred Suppliers" are 3rd party organisations advertising their events on the Company website
"Site" means all websites listed below in clause 2.1 together with all material on those websites or sent to you by e-mail or by any other means. Reference to the Site includes all intellectual property rights on the Site including but not limited to copyright, trade marks, database, member details and moral rights.
"Supplier" means any third party supplier or organiser of an Event.
"Terms" mean these terms and conditions and any subsequent amendments as may be notified to you.
"You" means any person who is a member prospective member or past member of 8th Day UK Ltd or where the context permits a guest of a member
2 FORMATION OF THE CONTRACT
2.1 These terms apply to all services and any goods supplied by the Company through the following domain and sub domain or other means:-
2.1.1 www.8thdayuk.com www.8thdayuk.co.uk, www.8thdayadventure.co.uk www.8thdayadventure.com together with any other Company domains and sub domains listed on any of the Sites or any auto-forwarded domains and sub domains and any terms relating to the use of the Site(s) shall also apply.
2.2 Any quotation or information given by the Company is only an invitation to you to apply for membership with the Company or to take part in an Event. No contract exists between you and the Company until the Company or as the case may be the Supplier has received and accepted your application and sends you a confirmation of acceptance.
2.3 Except where the Event description says otherwise the Company is acting as a disclosed agent for Third Party Suppliers and the Events are under the control of those third parties subject to their terms and conditions. Their Terms and Conditions will be available on the Site or the Company upon request will tell you where they can be found. The Company has no responsibility for the manner of delivery of the Event. As Agent the Company does not have contractual liability to you for the event or for the negligence or breach of contract by the Supplier.
3 ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users.
3.3 We will determine, in our discretion, whether there has been a breach of these terms. Where a breach of these terms has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site .
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.4 We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
3.6 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5. RELIANCE ON INFORMATION POSTED
5.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by user or member of our site, or by anyone who may be informed of any of its contents.
5.2 You should not rely on any materials posted on our site for personal, medical, legal, financial or any other type of advice and we strongly recommend that you consult an appropriate qualified professional where necessary.
6 OUR SITE CHANGES REGULARLY
6.1 We aim to update our site regularly, and may change the content, including but not limited to the charges associated with the use of our site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
7 MEMBERSHIP AND FEES
7.1 Membership subscriptions will be specified in the Company’s Application form on the Company’s Site and will be inclusive of VAT and will be annual. All subscriptions and any other sums payable to the Company are payable in GB Pounds sterling and in your application for membership you agree that the Company may issue you with invoices in electronic format by e-mail should it wish to do so.
7.2 The Company uses a Continuous Service Agreement for our membership fees, meaning that the Company automatically renews your membership as it expires. All amounts are billed in GB Pounds at the beginning of each renewal period. Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected and at the subscription rate currently in place at the time of joining. Continuous service rates apply to credit/debit card payments only and apply to both Members who join online or those the Company processes manually. To amend or cancel your subscription please see points 7.4 and 7.5 below. If you cancel your membership you will retain the benefits of membership until the end of that current membership period. The Company does not offer any kind of pro rata refund of any portion of the subscription fees already paid.
7.3 The Company may change its policy on subscriptions at any time and any change will be effective at the next renewal date after the expiry of 1 month following the date of posting the change on the Site.
7.4 The subscription is payable annually in accordance with the sums set out on the Site. Any membership card issued by the Company remains the property of the Company. For administrative purposes the card will show an annual expiration date. If the monthly or annual subscription is not paid within 7 days of the periodic renewal date the card shall thereupon be returned to the Company and membership shall immediately be cancelled or suspended at the option of the Company.
7.5 You have the right to cancel the application for membership at any time up to the end of seven working days after your application for Membership is submitted via the Site. A working day is any day other than weekends and bank or other public holidays.
7.6 You can cancel your account and subscription at any time by accessing your account on the website, or by emailing firstname.lastname@example.org with CANCEL SUBSCRIPTION in the subject line. Please include your full name and reason for leaving and we will aim to cancel your membership and remove your profile within seven days. If your request for termination is received before your next payment is due then your subscription will last until the end of the current period and then cease.
7.7 If you have booked onto an Event which is due to take place after your subscription ends, then you must cancel your place on the Event first.
7.8 The Company has the right in its absolute discretion to limit the number of members to refuse membership or renewal for any reason or to expel a member or prevent any member or guest from taking part in or continuing at any Event.
7.9 Membership is not transferable.
8. EVENTS AND PAYMENT FOR EVENTS
8.1 By applying for or attending an Event organised by the Company you agree that you are over 18 years of age. The Company reserves the right to terminate your agreement with immediate effect should you be found to breach these conditions. Members are to only book onto Events for their own sole use, and cannot do so on behalf of others without permission from the Company. Members must log out fully on leaving the website to protect against others using the site from your computer.
8.2 Every effort is made to ensure that prices for Events shown on the Company’s site are accurate. If an application to take part has been accepted and an error is found the Company will inform you as soon as possible and offer you the option of reconfirming your application for the Event at the correct price or cancelling your application for that Event. If you cancel because of such error the Company will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of the Supplier say otherwise.
8.3 Payment for any Event may be made by transfer from your Bank Account or by payment or debit card. If payment is made on line or by credit card the Company shall reserve the right to apply a charge of 4% to cover the fees or commission charged to the Company. Payment shall be made in GB Pounds sterling. No payment for any Event shall be deemed to have been received until the Company has received cleared funds. If payments are made by cheque drawn on a UK branch of a UK bank 6 working days shall be allowed for clearance from the day the cheque is received by the Company or such longer period as shall be required by the Company’s bankers.
8.4 The Company shall not be responsible or liable in any way whatsoever for the cancellation of an Event other than as provided by this clause and clause 8.2. Where cancellation arises and is the fault of the supplier of an Event the terms and conditions of that supplier shall apply. The Company will use reasonable endeavours to recover payment of the monies paid by the member for the Event but shall not be obliged to commence legal proceedings.
8.5 The Company gives no warranty that the provider of an Event will accept your booking or application or that such provider will not cancel or vary the Event. If an Event requires a minimum number of participants and that number has not been accepted by the deadline date set out on the Site the Company or the Supplier may cancel the Event and liability shall be limited to the return of the sum paid by you.
8.6 Some variations to the published times or arrangements for an Event may be made by the Supplier. There may be no right to cancel or obtain a refund for the changes such as timing or the precise nature of equipment used, or programme or content. Some Events are dependant on weather or other factors outside the control of the Company or the Supplier and no right to cancellation or refund exists in these circumstances unless the Terms and Conditions of the Supplier says otherwise.
8.7 Should you wish to cancel your participation in an Event after placing a booking you must notify the Company in writing by hand post fax or e-mail at the address fax number or e-mail address then shown on the Site. Unless the Suppliers terms provide otherwise, if you cancel more than 4 weeks in advance for a mid-week Event or 8 weeks in advance for a weekend Event a full refund will be given, minus a £10 cancellation fee. If you can find someone to take your place though we will be happy just to change the name with no extra charge. Alternatively if the Event is fully subscribed and another member applies to participate in such Event and takes the cancelling member’s place the Company shall refund the price paid by the cancelling member but not otherwise. These changes are also subject to the Suppliers terms and conditions, and especially in the case of holidays may not apply.
8.8 At all times you shall conduct yourself in your relations with other Members or their guests or the General Public or Third Parties in a responsible and careful manner. Members failing to behave correctly may be expelled, suspended or prevented from continuing with an Event. Suppliers or other Event organisers can refuse admission if in their opinion you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the Event whether through drink, drugs or otherwise.
8.9 When participating in an Event which requires you to provide clothing, equipment, tools or appliances you or your guest must supply what is required suitable for use and shall cause no damage nuisance or annoyance to any other member or third party. The Company shall not be responsible for the care maintenance or repair of such clothing equipment tools or appliances.
8.10 You must ensure that you are physically fit and capable of taking part in any Event for which you subscribe and in applying to take part in such Event you warrant to the Company that you are physically suited to take part in such Event and will remain so throughout the Event.
8.11 In applying to take part in an Event you acknowledge that the terms and conditions of the Supplier shall apply to the Event and it is your responsibility to familiarise yourself with the terms and conditions of the Supplier and the rules regulations and safety policy governing the Event. If relevant equipment is supplied by the Supplier the Company shall not be liable for defects in or shortages of such equipment or parts thereof. You will at all times use equipment (whether supplied by you or other members or the Supplier) in accordance with the guidance and advice given by the relevant equipment supplier or the Supplier. You shall have no claim against the Company for any failure by the Supplier to supply adequate equipment instruction information or advice or to ensure that the Event is suitably organised managed or controlled
8.12 Unless otherwise stated it is your responsibility to arrange travel to the Event and where applicable to comply with any passport, visa or inoculation requirements.
8.13 If tickets or vouchers are issued by the Supplier, it is the Supplier’s responsibility to despatch them. If tickets or vouchers are required and you do not have them 4 days before the Event, email the Company and the Company will investigate. If the event is booked at a time when it would be impractical to despatch tickets, arrangements will be made for them to be collected at the Event. Most 8th Day UK events do not require tickets, nor will you receive an official receipt or confirmation. Once you have booked on the Event you will be contacted by email again shortly before the Event with final details.
8.14 The right to participate in an Event is not transferable.
8.15 You must provide proof of membership (e.g. membership card) at Events when requested to do so. Failure to do so may lead to inability to participate in an Event.
8.16 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
8.17 Participation in all Events is at your risk or is governed by the Suppliers’ Terms & Conditions. Because of the risk attached to some events you may be required to sign a form of disclaimer of liability as a condition of taking part. When refusal to do so prevents your participation in the Event the Company shall have no liability to provide compensation.
When the context permits clause 8 shall apply to the provision and arrangement of Activities and your participation in them save where it conflicts with the provisions of the clause in which case the provisions of this clause shall prevail. 9.1 The Company shall bear no responsibility for Activities added and organised by Members or Preferred Suppliers, nor for payments made by You for them. Members booking onto Activities organised by other Members or Preferred Suppliers do so entirely at their own risk and discretion.
9.2 Members or Preferred Suppliers who add Activities and portray false information or fail to organise the Activity properly once other Members are booked onto it can be restricted from organising further Activities, at the discretion of the Company.
10. CONTENT STANDARDS
10.1 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
10.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.3 You agree that your contributions will:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
10.4 You agree that your contributions will not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless our site specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of our site that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying our site.
Violate any code of conduct or other guidelines which may be applicable for our site.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
10.5 We are under no obligation to monitor the contributions, however, we reserve the right to review the contributions and to remove them.
10.6 We also reserve the right to terminate your access to any or all of our site at any time without notice for any reason whatsoever.
10.7 Always use caution when giving out information about yourself or your children in any contribution. We do not control or endorse the content, messages or information found in any contribution and, therefore we disclaim all liability with regard to the contribution and any actions resulting from your participation in any contribution.
10.8 Our Hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
10.9 Contributions may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
11 DELAYED DELIVERY; FORCE MAJEURE ETC
11.1 Delayed delivery or failure of the Company to comply with any obligation hereunder whether for an Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond the Company’s control will not involve liability on the part of the Company and the Company shall be entitled as its option to cancel the order or any part thereof or to postpone the Event
12.1 In view of the potentially dangerous nature of certain Events or Activities you are recommended to obtain your own personal accident and third party liability insurance through companies of your own choice and to suit your personal circumstances. Members shall have full responsibility for arranging their own suitable insurance.
12.2 Members and Preferred Suppliers should ensure that all events added where appropriate have adequate public liability insurance and abide by any applicable regulations.
13.1 Members agree to allow the Company to use any photographs or other images of them taken at Events or activities for promotional purposes and are aware that they may be taken by other members and posted on social networking sites or elsewhere over which the Company has not control. Where the photograph is on the Company website and is deemed offensive by You then upon being informed the Company will use its discretion to remove it or otherwise but is under no obligation to do so.
14 DATA PROTECTION
14.1 The Company will take all reasonable precautions to keep the details of your applications and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you and in any event only to the value of the transaction conducted with the company.
14.2 The Company shall have no responsibility for loss or damage sustained by you arising from the passage of any computer virus or other damaging electronic message.
You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your breach of these Terms or arising from your negligence or breach of duty.
16. LIMITATION OF LIABILITY
16.1 Further to the provision of clause 9.1 Members are reminded that the Company has no control over Activities organised by Members and attendance at and transport to these Activitiess, nor control over those attending or the information supplied, and is not responsible for the acts or other actions by other Members or guests.
16.2 Nothing in these conditions excludes or limits the liability of the Company:
16.2.1 for death or personal injury caused by the negligence of the Company its officers or employees;
16.2.2 for any matter for which it would be illegal for the Company to exclude or attempt to exclude liability; or
16.2.3for fraud or fraudulent misrepresenta¬tion.
16.3 Subject to clause 16.2.
16.3.1 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of its obligation shall be limited to the membership fee or the price of the Event; and
16.3.2 the Company shall not be liable to You for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Site, membership or an Event.
17.1 The Company may amend these Terms at any time by giving You notice ("Notice") by either e-mail or by posting the amended Terms on the Site. Any amended Terms will govern new transactions from the date that it is posted on the Site. Existing members will be bound by the amended Terms after the expiry of 30 days following the date of a Notice.
17.2 Each right or remedy of the Company under the Terms is without prejudice to any other right or remedy of the Company whether under the Terms or not.
17.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unen¬forceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
17.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of its rights under the Terms.
17.5 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
17.6 Neither the Company or you intend that any term of this Contract will be enforce¬able by any person that is not a party to it other than someone to whom the Company transfers its rights under this Contract.
17.7 The Company may assign the benefit of any contract to any person, firm or company.
8th Day UK is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the 8th Day UK Web site and governs data collection and usage. By using the 8th Day UK website, you consent to the data practices described in this statement.
Collection of your Personal Information
8th Day UK collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. 8th Day UK also collects anonymous demographic information, which is not unique to you, such as your post code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by 8th Day UK. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by 8th Day UK for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the 8th Day UK Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through 8th Day UK public message boards, this information may be collected and used by others. Note: 8th Day UK does not read any of your private online communications.
8th Day UK encourages you to review the privacy statements of Web sites you choose to link to from 8th Day UK so that you can understand how those Web sites collect, use and share your information. 8th Day UK is not responsible for the privacy statements or other content on Web sites outside of the 8th Day UK and 8th Day UK family of Web sites.
Use of your Personal Information
8th Day UK collects and uses your personal information to operate the 8th Day UK Web site and deliver the services you have requested. 8th Day UK also uses your personally identifiable information to inform you of other products or services available from 8th Day UK and its affiliates. 8th Day UK may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
8th Day UK does not sell, rent or lease its customer lists to third parties. 8th Day UK may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, 8th Day UK may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to 8th Day UK, and they are required to maintain the confidentiality of your information.
8th Day UK does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
8th Day UK keeps track of the Web sites and pages our customers visit within 8th Day UK, in order to determine what 8th Day UK services are the most popular. This data is used to deliver customized content and advertising within 8th Day UK to customers whose behavior indicates that they are interested in a particular subject area.
8th Day UK Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on 8th Day UK or the site; (b) protect and defend the rights or property of 8th Day UK; and, (c) act under exigent circumstances to protect the personal safety of users of 8th Day UK, or the public.
The 8th Day UK Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize 8th Day UK pages, or register with 8th Day UK site or services, a cookie helps 8th Day UK to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same 8th Day UK Web site, the information you previously provided can be retrieved, so you can easily use the 8th Day UK features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the 8th Day UK services or Web sites you visit.
Security of your Personal Information
8th Day UK secures your personal information from unauthorized access, use or disclosure. 8th Day UK secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
8th Day UK will occasionally update this Statement of Privacy to reflect company and customer feedback. 8th Day UK encourages you to periodically review this Statement to be informed of how 8th Day UK is protecting your information.
8th Day UK welcomes your comments regarding this Statement of Privacy. If you believe that 8th Day UK has not adhered to this Statement, please contact 8th Day UK at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.