time nor the place and in any event none of this matters because british airways does not deny that the credit cards don't cancel themselves you have to spend time and effort to fix the problem nor does the deny that there are over half a dozen published circuit court decisions t hold that last time is that it's an injury including just easterbrook decision and b from bach which addresses this point about last time being an economic injury and your finally to british airways denies that a breach of contract would have sufficed to support does not deny that it's web site terms and conditions are a contract we now we deal with this at page eleven and twelve of our reply they're trying to make the point that they're not technically in corporate it into the contract of carriage but you know that is st of all a factual question but nd of all really beside the point because no one consumer cannot use british airways website without agreeing to these terms and conditions and i'd be really surprised to hear british airways take the position that its own terms and one condition which gives it the right to use the information in the st place have no contract and then i guess i have some questions about that so if you're saying that it becomes a contract just by somebody using the website if they wish the privacy policy on the website it would tell them privacy policy is not contractual it is not part of your contract with us so why wouldn't that be dispositive for i think it's trumped by the contractual provision in what is an indisputable in the contract that references the privacy policy condition because the sorts of conditions reference it it becomes contractual but not because he purchased a ticket you're saying just because you use the website well i mean you can see that the page twelve are reply and i think it's just necessarily the case of the privacy policy that you say is breach years looking at this the thing about security seems to be the sentence at the beginning that says we will put in place measures to protect your information and keep it secure is that the part of the privacy what this language means and i think what you're putting your finger on is that there might be some ambiguity here now and beauty in a contract is not the same as a contract being indefinite and typically ambiguity can't it's construed against the drafter and certainly if not cannot be resolved at the threshold really thing is that we're going to put in place some reasonable measures that at least hit the industry standard for data protection to protect your information and keep it secure and i think that to the extent that there's ambiguity here that ambiguity would counsel against dismissal i'm not in favor contract claim based on violation of the privacy policy if there are no further questions thank you very much thank you both very nicely argued let me just raise one additional point that the catholic claim has clapt arguments and our jurisdiction under katha is raised for the st time in this oral argument so i'd like to ask the parties to address it if you could provide us with a letter brief no more than eight pages single space and you can do them simultaneously and provide them within two weeks of today just addressing our jurisdiction under the class action f