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Terms and Conditions

Terms and Conditions of Bigways.co.uk
  1. GENERALITIES
    1. Please read the following terms and conditions before using this website. They are a legally binding Contract between you and us and they set out all of the rules and obligations that apply to your use of the website. By using this website, you confirm that you accept our terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. We strongly recommend that you print and keep a copy of these Terms for future reference if necessary. These terms also make reference to our Privacy Policy and Cookie Policy. We may update these terms from time to time hence every time you wish to use this website, please check these Terms to ensure you understand the terms that apply at that time.
    2. Our Site contains links to websites operated by third parties. We are not responsible for websites we link to as we have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.

 

  1. INTERPRETATION

Unless otherwise expressly stated, or the context requires, the words and expression listed below, shall be used in this Memorandum or in any Schedules hereto, bear the meanings ascribed to them:

    1. "Agent" refers to an estate agent, lettings agent and/or commercial property agent;
    2. "Bigways" or "the Company. Bigways - Bigways Properties, www.bigways.co.uk
    3. "Bigways Properties" Back office tool accessible to Members for viewing and managing their Bigways membership.
    4. “Brand” refers to the Bigways and all our textual or visual representations and trademarks including our logos, devices, domain names and other Intellectual Property Rights owned or used by our brand;
    5. “Brand Guidelines” refers to the set of guidelines which describe the rules and procedures for on how to use the Brand;
    6. “Business Day” refers to a day other than a weekend day (Saturday or Sunday) or public holiday in England especially when banks are open and functional;
    7. “Charges” refers to the charges our service user has to pay against the Services as per these set of conditions;
    8. “Consumers” Users of our Service and/or buyers of property.
    9. "Content" refers to any content including but not limited to property details published or posted by any member on the website to another Member or to Bigways or Group website (s);
    10. "Contract" or "Agreement" refers to a contract signed between Bigways and the Member for Services regulated by these Member Terms and Conditions;
    11. “Data Protection Law(s)” refers to the Data Protection Act 2018 the General Data Protection Regulation 2016/679 and thereafter any law applicable in the United Kingdom which is concerned with data protection;
    12. "Development". A newly built property, or a newly converted building.
    13. "Developer". A property developer or agencies acting on behalf of a property developer. marketing of properties (except for Agents and Online Agents);
    14. “E-Marketing Best Practice Guidelines” refer to the guidelines for email marketing campaigns which can be found on the website;
    15. "Fees" refers to the amounts due to Bigways by the Member as per the Contract based on the Services agreed upon;
    16. "Force Majeure". Any event beyond the reasonable control of the party affected by it;
    17. “Intellectual Property Rights” refer to all licenses, rights to creations, utility models, copyright and related rights, trademarks, administration marks, exchange, business and space names, rights in plans, rights in PC programming, database right, geography rights, moral rights, rights in private data and some other licensed innovation rights;
    18. "Lead" Either an email or telephone call received by the Member from any person who has contacted the Member using the contact form or contact details supplied on the website(s);
    19. "Logo" refers to Bigways logo available on the website, printable material and social media entities or any other digital medium;
    20. "Marketing Materials" refers to the marketing materials Bigways provides to the member(s) for the sole purpose of promoting and marketing the Services;
    21. "Member" refers to the Website User, the Agent, the Online Agent or the Developer on the website;
    22. “Membership Application Form” refers to the application form which contains Your application (and the details you submit while applying) for Membership and the Price Schedule;
    23. “Membership Classification Guidelines” refers to the guidelines which highlight the many classifications and categories of Bigways membership and can be found on the Website;
    24. "Minimum Term" refers to a minimum period of Services liable to the User by the website as highlighted in the Services Amendment Form or on Bigways;
    25. "Online Agent". Real estate agent, lettings agent or commercial property agent or a solicitor agent that operates primarily via a website. 
    26. "Order Form" refers to the order form for Services including the necessary details as required indicating the Services to be provided under the Contract;
    27. "Personal Data" is defined by the Data Protection Legislation;
    28. "Photograph Content" refers to any visual content displayed on the website or any other digital medium;
    29. "Product Specific Terms and Conditions". Additional terms and conditions that relate to Condition, the Member shall be subject whilst in receipt of such Services;
    30. “Property”. Real Estate
    31. “Services” refers to the services provided by Bigways which are described in greater detail in these terms and on the website;
    32. "Services". means the services provided by Bigways as set out in the Order Form. Services may include any, or a combination, of the following:
      1. facilitating upload of property details to the website(s);
      2. displaying properties on the website(s);
      3. providing a listing within the agent directory on the website(s);
      4. providing Leads to the Member;
      5. providing advertising services to the Member;
      6. providing reports and access to reporting tools to the Member; and
      7. any other services provided by Bigways (or its Group Companies) from time to time.
    33. "Start Date" refers to a start date for the Contract as may be specified in the Order Form;
    34. “Technical Guidelines” refers to the technical guidelines which contains the description and specification of the software, internet connectivity (e.g. broadband speed) and other technical requirements necessary for the provision of the Services including procedural rules and guidelines for using the Platforms. These guidelines are available via the Website.
    35. “Term” refers to the initial term set out in the Membership Application Form;
    36. "Unique User" refers to a uniquely identifiable visitor to the Website(s) within any calendar month;
    37. "Upload Systems" refers to any system made available by Bigways to the Member to facilitate the supply of Content to the Website(s);
    38. "Video Content". Any audio-visual multimedia Content in a video format;
    39. “Virus” refers to anything or gadget (counting any product, code, document or program) which may: avoid, debilitate or generally unfavorably influence the activity of the Platforms, or any product, equipment or system, any broadcast communications administration, hardware or organize or some other administration or gadget; counteract, weaken or generally antagonistically influence access to or the activity of any program or information, including the unwavering quality of any program or information (regardless of whether by re-orchestrating, modifying or deleting the program or information in entire or part or something else); or unfavorably influence the User experience, including worms, Trojan steeds, infections and other comparative things or gadgets;
    40. "Website(s)" refers to the website located at www.bigways.co.uk and any other website whose domain is owned or controlled or powered by Bigways and it may determine which Services are provided;
    41. "Working Day" refers to a day other than a weekend day (Saturday or Sunday) or public holiday in England especially when banks are open and functional;
    42. "Working Hours". 9:00am to 5:30pm on a Working Day;

ENQUIRIES.
If you have questions, need to update your contact details, have an issue that involves different areas of the company, want more info on what's happening with your property, or you were impressed with one of our staff and just want to tell someone, we are here to help. You can contact us by emailing
LIVING/OWNING
We will communicate with you in a clear, accurate and timely manner so you can enjoy your property and be confident your needs are looked after. We receive hundreds of requests, questions and action items +++++++++++++++++++every day and while we have to prioritise these, all enquiries will be responded to within 1 business day.
RENTING
We guarantee a smooth transition into your new home. Our experienced Property Managers will ensure clear lines of communication and act quickly in responding to your enquiries, making the process stress free and enjoyable.
SELLING YOUR PROPERTY
We will tell you what is going on at all times. We will provide you with honest feedback, updates on inspections, progress with negotiations and transaction milestones so you can make confident decisions with all the facts before you.

  1. GENERAL PUBLIC USAGE
    1. You must not abuse this Site or our System through hacking, or any other security breaches. You must not introduce or attempt to introduce viruses, Trojans, worms, logic bombs or any malicious items into our Site.
    2. You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
    3. Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the Content standards set out in these Terms. Please see Clause 6 below. You warrant that any such contribution does comply with the standards mentioned in Clause 6 and, if you are a business, you will indemnify us against any breach of this warranty.
    4. Views expressed by users on our Site do not represent our views or values.

 

  1. SERVICES
    1. We hire, rent, sell and generally trade in real estate (Property).
    2. Your Membership Application Form will specify the nature and magnitude of the Services You will be having access to.
    3.  Bigways enjoys all the right to make necessary amendments to the Services from time to time as per any applicable law (UK law) or safety requirement without affecting the nature or quality of the Services we provide to You. We shall be liable to inform You of any such changes we may introduce.
    4. You may demand further Services whenever recorded as a hard copy and Bigways may prescribe further Services to You whenever, recorded as a hard copy.
    5. You may likewise demand that extra Locations be added to Your Membership. In the event that both the parties consent to the arrangement of further Services or the option of further Locations (subject to an understanding with respect to a variety in the Charges to mirror the extra Services or Locations) at that point those Services and additionally Locations will be regarded to be added to the Membership Application Form.
    6. Member warrants and bonds that they are neither Agents nor Developers; nor do not act as Consumers in relation to the Contract;
    7. Member also warrant and bond that the individual who has signed and/or otherwise agreed to these Member Terms and updates, has the mandatory corporate authority to bond on behalf of said Member;
    8. Bigways will stay up with the latest rundown of the Services given to You and the majority of Your Locations and will give the equivalent to You upon solicitation.
    9. Bigways will utilise its sensible undertakings to keep up the accessibility of the Platforms and will utilise sensible undertakings to give the Services.
    10. Bigways will every now and then embrace such advancement of the Platforms as it sees fit. You as a client recognize that entrance to the web, cell phone systems and other correspondence media required for the arrangement of the Services are naturally connected with hazard including Viruses, information security, and robbery, accessibility of the Services and unwavering quality of transmission.
    11. Bigways shall be liable to supply the Services (as per the Contract and mutual agreement) to You according to these Conditions. However, Bigways do not warrant that any of the Services will be given without interference or mistake free.
    12. Bigways maintains all authority to suspend all or part of the Services as might be important to attempt routine or crisis upkeep every now and then.

 

  1. CONTRACT
    1. The Membership Application Form establishes an idea by the User or Agent to buy the Services in understanding with these conditions set out here and any other relevant webpage on the website.
    2. The Membership Application Form will just be regarded to be acknowledged when Bigways issues composed acknowledgment of the Membership Application Form at which point and on which date the Contract will appear ("Commencement Date").
    3. Bigways does not need to give any explanation behind declining an application for Membership.
    4. These Conditions apply to the Contract to the rejection of whatever other terms that You try to force or join, or which are suggested in terms of professional career, custom, practice or course of managing.
    5. In the event that there is any contention between the provisions of these Conditions, the Membership Application Form, Price Schedule or any Guideline, the details of the Membership Application Form will be considered as the final source of information.
    6. "Services". means the services provided by Bigways as set out in the Order Form. Services may include any, or a combination, of the following:
      1. the Membership Application Form;
      2. the Price/Payment Schedule;
      3.  these Terms and Conditions;
      4.  the Membership Classification Guidelines;
      5. the Technical Guidelines (as per the Contract and these Conditions);
      6. the Geographical Advertising Guidelines;
      7.  the Brand Guidelines;
      8. the Product Guidelines;
      9. the Display Products Text Content Guidelines;
      10. the E-Marketing Best Practice;
      11. the Telephone Recording Consent Form and
      12. Bigways Guidelines.
    7. Services permitted by the law are not part of this Contract.
    8. In the event You buy a Service which is given by an individual from Bigways other than Bigways Limited, the Contract for those Services will be framed among You and that Group organization. On the off chance that the Product Guidelines are quiet, Your Contract for that Service, and for all Services (other than those where a particular individual from the Bigways is giving the Service) will be given by Bigways Limited.

 

  1. YOUR OBLIGATIONS

 

    1. In order to create or start using an account on our Website, you need to be 18 years old or over.
    2. You additionally confirm that the data you give while registering on the website is not only valid and precise but is also complete and current. Any progressions to your record subtleties must be educated on a brief premise. You are in charge of keeping up the security and confidentiality of your account’s password.
    3. You concur that you will be in charge of the considerable number of activities or actions being done using your account details or password.
    4. You are additionally responsible to avoid unapproved access to your record by means of any gadget that you use to get to your record. If it's not too much trouble get in touch with us quickly in the event that you doubt somebody has with no authorisation has gotten the access to your account and may use it for any unknown purposes.
    5. Upon creating an account on our website, you are allowed to opt-in to receive marketing emails from us, our group companies or third parties. You can unsubscribe from emails at any time after your account is active. However, we may need to send you service emails relating to your accounts, and we reserve the right to do so.
    6. When you submit content on our site, you affirm that you are following our regulations and procedures. You additionally affirm that the substance isn't illicit, foul, oppressive, compromising, disparaging or in any capacity against our conditions.
  1. CONTENT
    1. Both Video and Photographic Content must be of prime quality as defined by the Brand Guidelines and the Product Guidelines; no Personal Data;
    2. Content will comply with all applicable regulations and best practice in the United Kingdom, including, but not limited to, the Equality Act 2010;
    3. Content will neither be defamatory, nor discriminatory nor infringe any copyright, trade mark or other intellectual property rights or rights of any third party.
    4. Content will not contain any Personal Data;
    5. Only authorised persons have access to the Services and the Upload Systems provided by Bigways and that Uploaded Content shall respect the technical specifications defined in Paragraphs 7. 1-4.
    6. On becoming aware of  any errors or inaccuracies in Content, Member shall promptly update or correct Content and shall provide such assistance as Bigways shall require to identify and remedy any unauthorised use of Content; this within three Working Days of: a property going "under offer"; a sale or leasing contract being entered into in respect of a property; or the property being taken off the market, the Member will either alter the status of the property details in the upload provided to Bigways so that it may be displayed as "under offer" "sold" or "let" as appropriate on the website(s) or will remove the property from the upload provided to Bigways so that it is no longer displayed on the website(s);
    7. Member pledge to respect all recommendations or guidelines as well as best practice procedures issued by relevant trade organisations, including the National Landlords Association and the Residential Landlord's Association; Member will also abide by all applicable laws and regulations applying to or affecting Member including, but not limited to, Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Regulations 2008;
    8. Bigways shall have from Member a royalty free non-exclusive right to reproduce, display, sell, publish, trade off, adapt and otherwise use the Content. This shall survive termination of the Contract. Bigways may, but shall not be required to, identify the Member as the source of the Content. 
    9. Content uploaded to our Site is considered non-confidential and non-proprietary. We reserve the right to use said content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties' legal rights.
    10. Bigways is not obliged to monitor or censor the Content that appears on the website(s) but Bigways reserves the right to do so; Bigways is not responsible for any error or omissions in any Content; Bigways takes reasonable care to ensure that such data is accurate and up to date but makes no representation as to the accuracy or completeness of such data, which data must not be treated by a Member as, comprehensive but an aggregation of the content and data available to Bigways. 

 

  1. CHARGES AND PAYMENT
    1. In the event that Your Membership is acknowledged, for the span of the Term and from there on You will pay Our Charges for Bigways Services You select and use. After expiry of the Term, Bigways may change the Charges every once in a while. You will be given 30 days' notice of any expansion in the Charges and Bigways will send to You a corrected Price Schedule. Except if generally indicated on Your Membership Application Form, Bigways will raise month to month solicitations for the Services which are payable ahead of time.
    2. Installments must be made by direct charge except if another type of installment is concurred at Our circumspection. Installments will be taken roughly 5 Business Days after the receipt date. In the event that You question any sum brought up in a receipt, at that point You should inform Bigways inside 5 Business Days from the date of the receipt.
    3. In the event that We can't take installment by direct charge as per this condition in any capacity whatsoever (which may incorporate Your disappointment or powerlessness to raise a buy request before the expiry of the 5 Business Day duration), We reserve the privilege to suspend the Services until such time as all sums are forked over the required funds.
    4. The Charges are selective of sums in regard of significant worth included duty chargeable until further notice ("VAT"). Without restricting some other right or cure of Bigways in the event that You neglect to make any installment due to Bigways under the Contract by the due date for installment ("Due Date"), Bigways will reserve the option to charge enthusiasm at the pace of 8% per annum over the Bank of England's base rate every once in a while in power and sensible legitimate expenses as per the Late Payment Legislation until the date of real installment of the past due sum, regardless of whether previously or after judgment and aggravating quarterly. Bigways may likewise charge organization expenses as per the Late Payment Legislation.
    5. In the event that You neglect to pay any sum by the Due Date, at that point Bigways may (notwithstanding whatever other rights that it might have) treat the Contract as ended or suspend the Services until such time as all sums are forked over the required funds and You will be required to repay Us, on-request, for all costs, misfortunes and costs We bring about in association with the recuperation of any payment(s) because of Us under the Contract which You neglect to pay Us on the Due Date.
    6. Unpaid solicitations might be alluded to an obligation gathering organization and Your Member Data (counting individual information) might be imparted to them and different offices so as to uphold installment. This may influence Your credit record and capacity to verify credit.
    7. In the event that We have motivation to accept that Your participation type has changed or potentially You are not paying the right measure of Charges given the number, type or area of Your branch areas (as characterized in the Membership Order Guidelines) or Locations, we maintain all authority to apply the classification of enrollment set out in the Membership Classification Guidelines to You, which We (in Our sole carefulness) esteem suitable.
    8. This may bring to Bigways recalculating the Charges as per the Membership Classification Guidelines and additionally applying any relevant stipends set out in the Membership Classification Guidelines; or expel Your properties from the Platforms.
    9. We will not be in charge of any phone or different charges brought about by a User where that User's phone call is moved or associated with You through the Platforms. We may every once in a while concur that You can utilise an installment operator for charging and installment administrations (for instance, a media organization).
    10. Your installment specialist must not draw in other outsiders or subcontract the arrangement of installment administrations.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

    1. We are the owner or licensee of intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website ("Software") and the underlying source code. Much of this information and Content is protected by copyright, trademark, database rights, design rights (including in the "look and feel" and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered).
    2. You hereby certify that you will not copy or reproduce logos, together with our trademarks and/or service marks without our prior written consent. All rights are reserved. In case of any violation, the company holds all the legal rights to deal with the situation.
    3. You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms of Use.
    4. The copyright and all other intellectual property rights in this Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files, links and other materials published on it) belong to us or our licensor(s). All rights are reserved.
    5. You may download material from this Site for the sole purpose of using this Site where we provide an option for you to do so. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
  1. Liability

 

    1. Members may be held jointly and severally liable in respect of claims against the Contract;
    2. Members agree to reimburse other members in case of liabilities arising from the Contract:
    3. Bigways shall be limited to the aggregate amount of Fees (excluding VAT) paid by the Member three months immediately preceding the Month in which the Member incurred the loss.  
    4. Neither Bigways nor Associates shall be liable for any liability caused by: any breach of the Contract by the Member; or the Member using, altering or manipulating any data provided by Bigways or changing the manner in which such data are represented.
    5. Nothing in any Contract shall exclude or limit either party’s liability for: death or personal injury caused by that party’s negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by law.
  1. CONFIDENTIALITY

 

    1. The parties agree that the terms of this Agreement and all confidential and proprietary information of the parties communicated to them in connection with this Contract will be received in strict confidence and be used only for the purposes of this Contract. Each party will use the same means as it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality of such information. No such information will be disclosed by the recipient party, its agent’s representatives or employees without the prior written consent of the other party.
    2. A party shall disclose information not in the public domain relating to the other only if: the person to whom the disclosure is made needs the information in order for the disclosing party to carry out its obligations under this Contract; or the law so requires.
    3. The aforegoing provisions do not apply to information which is:
      1. Publicly known or becomes publicly known through no unauthorised act of the recipient party;
      2. Rightfully received by the recipient party from a third party;
      3. Independently developed by the recipient party without use of the other party’s information;
      4. Disclosed by the other party to a third party without similar restrictions; or
      5. Required to be disclosed pursuant to a requirement of a governmental agency or any applicable law, so long as the party required to disclose the information provides the other party with prior notice of such disclosure;
      6. Publicly disclosed with the other party’s written consent.
    4. All media releases, public announcements and public disclosures by any party of their respective employees or agents relating to this Agreement or its subject matter, including without limitation promotional marketing material, will be co-ordinated with and approved by each party prior to the release thereof. The foregoing will not apply to any announcement intended solely for internal distribution by any party or to any disclosure required by legal, accounting or regulatory requirements beyond the reasonable control of the party in question.
  1. RESTRICTIONS ON USE
    1. You agree not to:
      1. Submit or upload any material that may interrupt, damage, destroy or limit the functionality of our website;
      2. view our website using any automated software without consent and to only access our Website manually;
      3. use our website other than for your own personal use or as an agent listing property for sale and rent;
      4. Make an attempt to copy our data or reverse engineer our processes which can harm our website’s functionality;
      5. use our website in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us);
      6. use our website by breaching any policies or clauses on our website;
      7. attempt to remove or alter any copyright notices that appear on our website;
      8. interfere with any other user’s use of our website’s services and offerings;
      9. violate the directives set out in the robots.txt file for our website; or
      10. transmit materials protected by copyright without the permission of the owner; or engage in an offensive or abusive manner whilst using our website.
    2. Each Contract shall continue until terminated in accordance with these Member Terms and Conditions.
    3. Bigways or the Member shall be entitled to terminate the Contract for convenience:
      1. where no Initial Term is specified in the Order Form, on at least 30 calendar days’ notice to the other party, such notice to expire at the end of a calendar month; and
      2. where an Initial Term is specified in the Order Form, on at least 30 calendar days’

 

  1. TERMINATION
    1. We shall be entitled to suspend the Services and/or terminate these Terms and Conditions without notice to you if you commit a breach of these Terms and Conditions and in particular these restrictions on use, which in our reasonable opinion is serious enough to merit immediate termination.
    2. Either party may terminate the Contract immediately by giving notice to the other party if: the other party materially or persistently breaches the Contract (unless, in a case where the breach is capable of remedy, the other party remedies the breach within 14 calendar days after receiving notice to do so), including any failure by the Member to pay any amount due to Bigways on the due date for payment; or in the terminating party’s reasonable opinion, the other party’s financial position is such that the other party’s capability adequately to fulfil its obligations under the Contract is in material jeopardy.

 

  1. FORCE MAJEURE
    1. Only an unforeseen and irresistible event beyond the will of the parties and susceptible to have a negative impact on the ability of each party to honor their contractual obligations or a force majeure can constraint a party to breach or delay the Contract.  Upon the occurrence of an event of force majeure, the parties shall consider corrective measures to be taken. However, if the delay or failure persists for one month or longer, the other party may terminate the Contract immediately by giving notice to the affected party.

 

  1. PRE-EMPTIVE RIGHTS
    1. The relationship of the parties, inter se, shall be governed by the terms of this Contract and nothing contained herein shall be deemed to constitute a partnership, joint venture or the like between them or to constitute one party the agent of the others for any purpose.
    2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
    3. The Member may not assign or otherwise assign or delegate any of their rights, duties, powers or responsibilities there under this Contract without prior consent of the other party, given in writing by Bigways;  
    4. No party shall by reason of the actions of any of the other parties incur any personal liability as a co-partner to any third party and no party shall be entitled to authorise, represent or to hold out to any third party that the relationship between the parties is that of a partnership, joint venture or the like as aforesaid.

 

  1. GENERAL
    1. The headings in these Terms and Conditions are solely used for convenience only.
    2. You may not assign or delegate any or all of your rights or obligations in this Agreement. We may assign this Agreement at any time without notice to you.
    3. Our delay or failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of such right to act.
    4. If any provision of these Terms and Conditions is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.
    5. This Contract constitutes the sole record of the Contract between the parties with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
    6. No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
    7. Any notice required or permitted to be given under this Agreement shall be valid and effective only if in writing.
    8. Any notice to a party contained in a correctly addressed envelope and:

 

      1. Sent by prepaid registered post to it at its domicilium; or
      1. Delivered by hand to a responsible person during ordinary business hours at its domicilium;

 

      1. Shall be deemed to have been received, on the twenty first business day after posting, (unless the contrary is proved) on the date of delivery.
      1. Any notice will be deemed to have been received (i) if delivered by hand, on signature of a delivery receipt, (ii) if sent by pre-paid first-class post or other next working day delivery service, on the second Working Days after posting or at the time recorded by the delivery service, or (iii) if sent by email, at the time of transmission. This clause does not apply to the service of any proceedings or other documents in any legal action or other method of dispute resolution.

 

    1. Notwithstanding to the contrary herein, a written notice actually received by a party, including a notice sent by telefax (“the first notice”), shall be an adequate notice to it notwithstanding that it was not sent or delivered to its chosen domicilium, provided that, within the next three succeeding business days a copy of the first notice is delivered to the chosen domicilium, accompanied by a notice giving the following particulars:
      1. where the first notice was sent by telefax, the date and time of despatch and the telefax number to which it was sent; and

 

      1. Where the first notice was delivered in a manner other than by telefax, the manner of delivery, the date on which it was delivered, the person by whom it was received and where it was received.
  1. GOVERNING LAW
    1. This Contract shall be governed by, construed and interpreted in all contractual and all non-contractual obligations arising from or connected therefrom English Law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts to resolve any dispute between them.

 

Please contact us if you have any questions or comments about our Terms and Conditions.