Warranties
and Liability
28. We warrant that the Service
will be provided using reasonable care and skill and, so far
as reasonably possible, in accordance with the Order and the
Order Confirmation and at the intervals and within the times
specified by us (the "Limited Warranty").
29. Save as set out below,
the Limited Warranty is your only warranty in respect of the
Services, and stands in place of all other warranties, conditions
or other implied terms which are excluded to the fullest extent
permitted by law.
30. In the event that a claim
arises under the Limited Warranty, we shall, at our sole discretion:
(a) re-execute the Service (or such part of the Service as
is required to satisfy the Limited Warranty);
or
(b) refund to you the price of the Service (or the appropriate
proportion thereof), and this shall be your sole and exclusive
remedy under the Limited Warranty.
31. Without limiting the generality
of the Limited Warranty, we specifically exclude all warranties
in respect of any defect in the Service arising from any information
supplied by you which is incorrect, arises as a result of
any fault or default by you, or arises in connection with
any materials, information, data or other services which are
supplied by any third party.
32. You warrant that any and
all material provided by you, and the use of such material
by us for the purpose of providing the Services, will not
infringe the copyright or other rights of any third party,
and you shall indemnify us against any loss, damages, costs,
expenses or other claims arising from any such infringement.
33. Where you operate as a
consumer then nothing in these Terms and Conditions shall
operate so as to remove any statutory consumer rights.
34. Except in respect of death
or personal injury caused by our negligence and except as
otherwise specifically provided by law, our entire liability
under or in connection with these Terms and Conditions shall
not exceed the price for the Services, and we will have no
liability to you for any claim to the extent that the same
is or can be characterised as a claim for (or arising from):
loss of revenue or profits; loss of anticipated savings; loss
of goodwill or injury to reputation; loss of business opportunity;
loss of data; losses suffered by third parties; or indirect,
consequential or special loss or damage, regardless of the
form of action, whether in contract, strict liability or tort
(including negligence), and howsoever arising (including without
limitation arising from any failure of transmission, communication,
computer or other facilities or your inability to access the
Website for any reason or any failure, error or delay in the
sending or receiving of any notice or communication or instruction
through the post or any electronic medium).
Cancellation
35. You agree to the Services
commencing immediately upon issue of an Order Confirmation,
prior to the end of any statutory cancellation period, and
you acknowledge and agree that thereafter you will not have
the right to cancel any Services under the Consumer Protection
(Distance Selling) Regulations 2000 or otherwise.
Termination
36. We shall be entitled to
terminate this agreement immediately on notice if at any time
you:
(a) make, default in or commit any breach of your obligations
under these Terms and Conditions; or
(b) commit an act of bankruptcy, becomes apparently insolvent,
make an arrangement or composition with creditors or (being
a company) has a receiver, administrator or liquidator appointed
or any proceedings have commenced relating to the insolvency
or possible insolvency of the Customer; or
(c) causes or threatens to cease to trade or if serious doubt
arises as to the Customer's solvency.
37. We shall not be deemed
to have breached these Terms and Conditions or otherwise to
be liable to you for any refund or otherwise for any delay
in performance or non-performance of any of our obligations
to the extent that such delay or non-performance is due to
any circumstances beyond our reasonable control.
Miscellaneous
38. These Terms and Conditions
set out the entire agreement between you and us, they supersede
any previous agreement or understanding and may not be varied
except in writing between you and us.
39. Any notice required or
permitted to be given by either you or us shall be in writing
and addressed to the other party at its registered office
or principal place of business.
40. No waiver by us of any
breach of these Terms and Conditions shall be considered as
a waiver of any subsequent breach of the same or any other
provision.
41. If any provision of these
Terms and Conditions is held by any competent authority to
be invalid or unenforceable in whole or in part, the validity
of the other provisions (and the remainder of the provision
in question) shall be unaffected.
42. We may assign the contract
under these Terms and Conditions, including the provision
of Services, or may sub-contract the whole, or any part thereof,
to any other person, firm or company. Unless otherwise agreed
in writing by us, you may not assign either the benefit or
the burden of the Contract.
43. Where the place of performance
of the Service is in England or Wales, then these Terms and
Conditions shall be governed by the law of England and you
agree to submit to the non-exclusive jurisdiction of the English
courts.
44. Where the place of performance
of the Service is in Scotland, then these Terms and Conditions
shall be governed by the law of Scotland and you agree to
submit to the non-exclusive jurisdiction of the Scottish courts. |
