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1) Access
1.1 The Service and the Web Site are provided “as is” and on an “as available” basis
and Fisher Educational Ltd. reserves the right to withdraw, suspend or amend the
Service. Fisher Educational Ltd. will not be liable if for any reason the Web Site
is unavailable at any time for any period. Fisher Educational Ltd. aims to update
the Web Site regularly and may change the Content at any time.
1.2 Fisher Educational Ltd. accepts no liability for any disruption or non-availability
of the Web Site resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure, power
failure, natural events, acts of war or legal restrictions and censorship.
1.3 You are responsible for making all arrangements necessary for you to have access
to the Web Site and are responsible for ensuring that all persons who access the
Web Site through your internet connection are aware of these Terms and Conditions
and that they comply with them.
1.4 We reserve the right to charge from time to time for the placing of Tutoring
Adverts and for the avoidance of doubt, the only fees payable for Tutoring Adverts
shall be advertising fees and all other payments are to be negotiated and made between
You and the Tutor). The Website may be used only for lawful purposes by students,
teachers, parents and guardians wishing to access the materials on or order products
via the website. 10ticks.co.uk acts as a passive conduct for the ordering, online
distribution and publication of educational information and materials prepared by
Us ("the Material"). In placing Tutoring Adverts, 10ticks.co.uk acts purely as an
advertising vehicle and not as an agent.
2) Your Obligations
2.1 You
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose
and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website without limitation, any
computer viruses, macro viruses, trojan horses, worms or anything else designed
to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory,
offensive, or of an obscene or menacing character, or that may cause annoyance,
inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or functionality
of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights
of any person, firm or company or the rights thereof (including, but not limited
to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 will not attempt any unauthorised access to any part or component of the Website;
and
2.1.7 agree that in the event that You have any right, claim or action against any
other User arising out of that User's use of the Website, then You will pursue such
right, claim or action independently of, and without recourse to Us.
3) Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs
and expenses, including legal fees on a full indemnity cost basis, suffered by Us
and arising out of any breach of the Conditions by You or any other liabilities
arising out of Your use of the Website, or the use by any other person accessing
the Website using Your Internet account.
4) Our Rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof)
with or without notice to You and You confirm that We shall not be liable to You
or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and Your continued use of the Website
(or any part thereof) following such change shall be deemed to be Your acceptance
of such change. It is Your responsibility to check regularly to determine whether
the Conditions have been changed. If You do not agree to any change to the Conditions
then You must immediately stop using the Website.
4.2 We will use Our reasonable endeavours to maintain the Website. The Website is
subject to change from time to time. You will not be eligible for any compensation
because You cannot use any part of the Website or because of a failure, suspension
or withdrawal of all or part of the Website.
4.3 We reserve the right to withdraw any Services from the Website at any time and/or
remove, screen or edit any materials or content on the Website. We may refuse service
to anyone at any time in Our sole discretion. We will not be liable to You or any
third party by reason of Our doing any of the following: withdrawing any Services
from the Website whether or not those Services have been sold; removing, screening
or editing any materials or content on the Website.
4.4 We reserve the right to expel users and prevent their further access to the
Website for violating the Conditions or the law and the right to remove communications
which are abusive, illegal, or disruptive. We may take any action with respect to
user-submitted information that we deem necessary or appropriate in Our sole discretion
if We believe it may create liability for Us or may cause Us to lose (in whole or
in part) the services of Our ISPs or other suppliers.
4.5 By submitting content to any public or non-public area of the Web Site, including
message boards, forums, contests, chat rooms and the School and Home Learning systems,
You grant to Us and Our affiliates a royalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content (in whole
or in part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed, for the full term of any rights that
may exist in such content. You also warrant that the holder of any rights, including
moral rights in such content, has completely and effectively waived all such rights
and validly and irrevocably granted to You the right to grant the license stated
above. You also permit any User to access, display, view, store and reproduce such
content for personal use. Subject to the foregoing, the owner of such content placed
on the Website retains any and all rights that may exist in such content.
5) Tutoring Adverts
The following provisions of this clause 5 shall apply only to the placing of Tutoring
Adverts and in the event that there is a conflict between this Condition 5 and any
of the other Conditions, the provisions of this Condition 5 shall prevail.
5.1 Whilst every effort is made to ensure that Tutoring Adverts appear correctly
on the website, We will not be responsible for any errors or delays in publication
and it is Your responsibility to check that the Tutoring Advert is correct and accurate.
5.2 You agree to provide true, accurate and complete information in relation to
Your Tutoring Advert, including a valid email address and You agree not to impersonate
any other person or entity or use a name which You are not authorised to use. Tutors
shall be required to disclose to Users who respond to Tutoring Adverts placed by
Tutors all previous convictions. You warrant that the information contained within
Your Tutoring Advert does not contravene any legislation or codes of practice governing
the advertising of goods or the provision of services and in particular, you warrant
that the information supplied by You for Your Tutoring Advert is legal, decent,
honest and truthful in compliance with the requirements of the British Codes of
Advertising and Sales Promotion which can be found at http://www.cap.org.uk.
5.3 We reserve the right to refuse to register any Tutoring Advert at Our sole discretion
and We may remove Your Tutoring Advert at any time without reason or notification.
5.4 Payments must be made when placing the Tutoring Advert in advance and are non-refundable.
Tutoring Adverts will be posted on the website for a period of 12 months or until
You remove them whichever is sooner. We shall notify you within one month of the
expiry of Your registration and You may request renewal of Your Tutoring Advert,
save that renewal shall be at Our sole discretion and only following receipt of
payment from You.
5.5 Payment should be made by credit/debit card in accordance with Condition 11.
Please do not send cash.
5.6 You shall be entitled to cancel Your registration at any time and You may change
Your Tutoring Advert at any time. You must update Your Tutoring Advert immediately
if there are any changes to Your information.
5.7 It is Your responsibility to check the identity and qualifications of Tutors
before entering into a contract and in addition to Condition 16. We make no warranties
or representations as to the results which may be obtained or the accuracy or reliability
of any information obtained through Us and no advice or information, whether oral
or written, obtained in connection with a Tutoring Advert shall be deemed to create
any warranty not expressly made herein.
5.8 You expressly agree that Your use of the Tutoring Adverts, either as a Tutor,
student, parent or guardian is at Your sole risk and you agree not to hold Us liable
for any loss or damage incurred as a result of any dealings You may have with others
via Your use of the Tutoring Adverts.
5.9 Tutoring Adverts may only be placed and used by Users within the UK.
6) Registration and Password.
You are responsible for maintaining the confidentiality of Your information and
password. You shall be responsible for all uses of Your registration, whether or
not authorised by You. You agree to immediately notify Us of any unauthorised use
of your registration or password.
7) Third Party Links
7.1 In an attempt to provide increased value to Our Users, We may provide links
to other websites or resources. You acknowledge and agree that We are not responsible
for the availability of such external sites or resources, and do not endorse and
are not responsible or liable, directly or indirectly, for the privacy practices
or the content of such websites, including (without limitation) any advertising,
goods or other materials or services on or available from such websites or resources,
nor for any damage, loss or offence caused or alleged to be caused by, or in connection
with, the use of or reliance on any such content, goods or services available on
such external sites or resources.
Links to this Web Site
7.2 Those wishing to place a link to this Web Site on other sites may do so only
to the home page of the site www.10ticks.co.uk without Fisher Educational Ltd’s
prior permission, provided that:
7.2.1 you do so in a way which is fair and legal and does not damage the reputation
of Fisher Educational Ltd or take advantage of it,
7.2.2 you must not establish a link in such a way as to suggest any form of association,
approval or endorsement on the part of Fisher Educational Ltd where none exists;
and
7.2.3 the website you are linking to is owned by you and complies in all material
respects with our Privacy Policy.
7.3 Deep linking (i.e. links to specific pages within the site) requires the express
permission of Fisher Educational Ltd. To find out more please contact Fisher Educational
Ltd by email at info@10ticks.co.uk.
7.4 Fisher Educational Ltd reserves the right to withdraw linking permission without
notice.
8) Monitoring
We have the right, but not the obligation, to monitor any activity and content associated
with the Website. We may investigate any reported violation of these Conditions
or complaints and take any action that We deem appropriate (which may include, but
is not limited to, issuing warnings, suspending or terminating service, denying
access and/or removing any materials from the Website).
9) Your Personal Data / Data Protection
9.1 We respect Your personal information and undertake to comply with applicable
Data Protection legislation from time to time in place. Acceptance of Our Privacy
Policy and Your submission of Your personal information to Us is agreement from
You that We may transfer that information outside the European Economic Area ("EEA")
in particular to the United States of America. You should be aware that such countries
may not have data protection safeguards in place equivalent to those in the UK.
9.2 We confirm that any personal details which You provide to Us (or which are available
on public registers) from which We can identify You are held in accordance with
Our Data Protection Registration Notification. When You register with Us We consider
the information You provide as private. We Use the information for the following
purposes:
9.2.1 processing Your Account including placing Tutoring Adverts where appropriate;
9.2.2 for statistical purposes to improve the service We give to You;
9.2.3 to administer Our business;
9.2.4 unless You have already objected during the registration process, to notify
You of products or services that may be of interest to You; and
9.2.5 unless You have already objected during the registration process, to be disclosed
to other members within Our organisation and also to other relevant third parties,
who may contact You about their products or services that may be of interest to
You.
9.3 If You do not want Us to notify You about products and services that may interest
You, or You do not wish Us to transfer Your data to third parties so that they can
contact You about their products or services, and have not objected during the registration
process, please write to Us at Fisher Educational Ltd, Bolton Enterprise Centre,
Bolton, Lancs, BL3 5EY stating Your full name, address, Your e-mail address, Your
home / mobile phone number, any other relevant details, and notify Us accordingly.
9.4 Subject to Your rights of objection set out above, and Your right of objection
in the registration process, You agree that You do not object to Us or third parties
contacting You for any of the above purposes whether by fax, telephone, e-mail,
in writing, by SMS or by any other means, and You confirm that You do not and will
not consider any of the above as being a breach of any of Your rights under the
Telecommunications (Data Protection and Privacy) Regulations 1999.
9.5 In the event that Your personal information is no longer used by Us for the
purposes described in this document, We will delete it except insofar as it is necessary
to retain such information to comply with other relevant or applicable law.
9.6 In the event that Your personal data becomes untrue, inaccurate or incomplete,
or in any event, You have the right to access Your personal data and may rectify
the same.
9.7 You should be aware that if We are requested by the police or any regulatory
or government authority investigating suspected illegal activities to provide information
concerning You, We shall do so. We also reserve the right to disclose individually
identifiable information to third parties where a complaint arises concerning Your
dealings with Us, and those dealings are deemed by Us inconsistent with these Terms.
9.8 We may use "cookies" and other software so as to be able to build up a profile
of Your interests and preferences and this may be used by Us to develop and operate
the Service.
9.9 We may disclose to third parties aggregated data on Our customers, provided
that a single individual is not identifiable in such data.
10) Intellectual Property and Right to Use
10.1 You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in the Material or content supplied via or as part of the Website
shall remain at all times vested in Us. You are permitted to use the Material only
as expressly authorised by Us.
10.2 You acknowledge and agree that the Material and Free and Paid content contained
within the Website including, but not limited to, text, graphics, logos, icons,
images, sound clips, video clips, data compilations, page layout, underlying code
and software and on any DVD/CD-ROM provided by Us to You is made available for Your
personal non-commercial use only. Any other Use of the Material and content of the
Website is strictly prohibited. You agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display, distribute, commercially
exploit or create derivative works of such material and content.
10.3 You have the option purchase a DVD/CD-ROM containing the Material in accordance
with the Conditions.
10.3.1 If You, either on behalf of a school or other teaching establishment or in
your capacity as a student, should choose to download the Material such a download
facility is made available for Your non-commercial use only and you may download
the Material onto only one computer hard drive ALWAYS PROVIDED THAT the computer
onto which You download the Material is NOT connected to an intranet network which
is capable of being accessed via the internet. You shall be permitted to deal with
the Material in accordance with the terms of Clause 10.2 only.
10.3.2 If You (on behalf of a school or other teaching establishment) should choose
to download the Material in accordance with the provisions of Clause
10.3.1, in addition to the allowable usage detailed in Clause 10.2, We will allow
you to make a number of copies of the Material for use only within your school or
teaching establishment reasonably necessary to allow the proper education of the
pupils.
10.3.3 If You (on behalf of a teacher training college) should choose to download
the Material in accordance with the provisions of Clause 10.3.1, in addition to
the allowable usage detailed in Clause 10.2, We will allow You to make copies of
the Material for those student teachers who may in turn only use the Material for
their own personal use and for as long as the same shall remain registered and under
the supervision of Your particular teacher training college. Any student teacher
will be permitted to make copies and use the Material in whichever school or teaching
establishment in which they train PROVIDED THAT that particular school or teaching
establishment has also purchased the Material from Us.
10.3.4 If You purchase a DVD/CD-ROM containing the Material in Your capacity as
a parent, We grant to You a personal non-exclusive non-assignable royalty-free licence
to use the Material for non-commercial purposes only to help with Your own children
(including adopted and step-children) only in their own studies outside of normal
school hours.
10.3.5 If You purchase a DVD/CD-ROM containing the Material in Your capacity as
a teacher, We grant to You a personal non-exclusive non-assignable royalty-free
licence to use the Material for non-commercial purposes only to assist You in Your
teaching duties in whichever educational establishment you may from time to time
be employed. 10.4.1 Payment of a Subscription Fee grants you access to all Subscription
Content on the Web Site for the duration of your Subscription Period. You may use
such Paid Content in the following ways:
10.4.1.1 the Home Learning system is for personal purposes; or
10.4.1.2 as a student only, for educational purposes
10.4.1.3 The School Learning System is for use in educational establishments.
10.4.2 Users of Paid Content will be provided with a username and password and you
must treat such information as confidential, and you must not disclose it to any
third party other than to the extent required for you to legitimately benefit from
the Services. Fisher Educational Ltd reserves the right at any time to disable any
username or password if in its opinion you have failed to comply with any of these
Terms and Conditions.
10.4.3 You agree that:
10.4.3.1 you will not use the Paid Content of the Web Site for commercial purposes
unless given express written permission to do so by Fisher Educational Ltd.;
10.4.3.2 you will not systematically copy Paid Content from the Web Site in any
circumstances, including, without limitation, with a view to creating or compiling
any form of comprehensive collection, compilation, directory or database, unless
given express written permission to do so by Fisher Educational Ltd.
10.4.4 When the subscription period expires and is not renewed, any Paid Content
downloaded and stored in any format, must be deleted from Your computer or destroyed.
11) Payments and Subscriptions
11.1 We and Our secure payment service providers, use the latest technology to protect
Your credit card information and do not release it to any outside organisation.
You can place your orders using secure encryption (the Internet standard for secure
transactions) or You can fax or post Your card information to Us. Any losses sustained
by the transmission of personal information by e-mail or internet links shall be
borne exclusively by You.
11.2 We intend to provide You with the safest and most secure shopping experience
possible. Since offerings and technologies change, We reserve the right to change,
modify, add or remove portions of our Privacy Policy at any time without prior notice.
If policy changes are substantial, We will notify Our customers via e-mail. Please
periodically review our Privacy Policy for changes. If You have any questions, or
would like further clarification, please contact our Customer Service Centre.
11.3 Subscription charges commence on the date that you activate your subscription
and will continue to apply throughout the Subscription Period.
11.4 Fisher Educatioanl Ltd reserve the right to change Subscription Fees from time
to time and any such changes may affect your subscription rate:
11.4.1 increases in price will be reflected in your Subscription Fees on the date
of the immediate subsequent renewal; and
11.4.2 decreases in price will be reflected in your Subscription Fees on the date
of the immediate subsequent renewal.
For further information on subscriptions and pricing, please visit our Products
page at our website www.10ticks.co.uk
11.5 If you terminate your subscription or Account you will continue to have access
to the Paid Content for the remainder of the Subscription Period you are currently
in up until the renewal date whereupon access will cease unless you choose to pay
the Subscription Fee and reactivate your subscription.
11.6 If you have subscribed in error you must inform Fisher Educational Ltd within
24 hours of subscribing and must not use the Web Site or its Content during that
time. If any use can be traced to your Account, no refund will be provided.
12) Cancellation/Termination
12.1 Due to the personalised bespoke nature of the DVD/CD ROM which You may purchase
via the Website, You will not be entitled to cancel Your order with Us. We shall
only accept returns in accordance with the provisions of Clause 13.
12.2.1 Either Fisher Educational or you may terminate your Account and (where relevant)
your subscription. If Fisher Educational Ltd terminates your Account or subscription,
you will be notified by email and an explanation for the termination will be provided.
Notwithstanding the foregoing, Fisher Educational Ltd. reserves the right to terminate
without giving reasons.
12.2.2 If Fisher Educational Ltd terminates your Account as a result of your breach
of these Terms and Conditions you will not be entitled to any refund.
12.2.3 If Fisher Educational Ltd. terminates your Account or subscription for any
reason other than your breach of these Terms and Conditions, you will be refunded
any remaining balance of your Subscription Fee. Such a refund will be calculated
based upon the fee being divided by the number of days in the applicable Subscription
Period and multiplied by the number of days remaining until the end of the Subscription
Period.
12.2.4 If Fisher Educational Ltd. terminates your Account or subscription, you will
cease to have access to Paid Content from the date of termination.
12.2.5 If you terminate your Account or subscription, you will continue to have
access to Paid Content for the remainder of your Subscription Period in accordance
with Clause 11.5.
12.2.6 Upon termination of your Account or subscription for any reason you must
immediately destroy any copies you have made of any Content.
13) Returns Policy
If you should have to return the DVD/CD ROM to Us, We will be happy to refund the
purchase price in full if the return results either from an error made by Us or
from a defective item. To make a return, please give the reason for the return and
wrap the package securely. Returned goods are to be accompanied by a note showing
Your name, the date of order and the order number, and should be forwarded to our
Customer Service Representatives at the address below.
Fisher Educational Limited
Bolton Enterprise Centre
Washington Street
Bolton
BL3 5EY
Phone 01204 405 341
Monday - Friday 9.30 am - 4.30 pm
Email: info@10ticks.co.uk
14) Damaged or Defective Items
Should You receive a damaged or defective item from Us, We will offer You a choice
of:
A prompt replacement.
A full refund.
An alternative item of the same value.
However, You must return the damaged or defective product and this must be received
by Us within 30 days of delivery to You. You will not be charged any additional
shipping or handling fees for replacement shipments.
15) Notices
15.1 You may send Us notices under or in connection with these Conditions:
15.1.1 by post to Fisher Educational Ltd, Bolton Enterprise Centre, Washington Street,
Bolton, BL3 5EY or,
15.1.2 by email to info@10ticks.co.uk
15.2 As proof of sending does not guarantee or receipt of Your notice, You must
ensure that You have requested and received an acknowledgement from Us which, should
it be required, will be sent within 3 working days of Our receipt and should be
retained by You.
16) Limitation of Liability
16.1 While We shall use reasonable endeavours to verify the accuracy of any information
We place on the Website, We make no warranties, whether express or implied in relation
to its accuracy.
16.2 The Website is provided on an "as is" and "as available" basis without any
representation or endorsement made and We make no warranties of any kind, whether
express or implied, in relation to the Website, or any transaction that may be conducted
on or through the Website including but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility, security,
accuracy, conditions of completeness, or any implied warranty arising from course
of dealing or usage or trade.
16.3 We make no warranty that the Website will meet Your requirements or provide
the results which You want, or will be uninterrupted, timely, secure or error-free,
that defects will be corrected, or that the site or the server that makes it available
are free of viruses or bugs or represents the full functionality, accuracy, reliability
of the materials. We will not be responsible or liable to You for any loss of content
or material uploaded or transmitted through the Website.
16.4 You acknowledge that We cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any information provided
to or taken from the Website by You.
16.5 We will not be liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representation (other than fraudulent or negligent misrepresentations)
or otherwise out of or in connection with these Conditions for:-
16.5.1 any economic losses (including without limitation loss of revenues, profits,
contracts, business or anticipated savings); or
16.5.2 any loss of goodwill or reputation; or
16.5.3 any special or indirect or consequential losses;
16.6 Nothing in the Conditions shall exclude or limit Our liability for death or
personal injury resulting from Our negligence or that of Our servants, agents or
employees.
16.7 We shall have no liabilities to you for any failure to deliver your purchase
or any delay in delivery which is due to any act of God, war, strike, lock-out,
industrial action, fire, flood, drought, tempest, or any other event or circumstances
beyond our reasonable control
16.8 Fisher Educational Ltd’s liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or exemplary
damages arising out of any breach of these Terms and Conditions by Fisher Educational
Ltd shall be limited to the value of a User’s current Subscription Fee. For all
other direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of the
Web Site or any information contained therein, to the maximum extent permitted by
law, Fisher Educational Ltd accepts no liability. Users should be aware that they
use the Web Site and its Content at their own risk
17) 10ticks Blog
17.1 Opinions expressed on 10ticks Blogs are those of the respective contributing
user only. These views do not represent those of Fisher Educational Ltd, its management
or employees. Fisher Educational Ltd is not responsible for and disclaims all liability
for content and comments contributed to 10ticks Blogs by 10ticks users. Please do
not post messages that are unlawful, harassing, defamatory, abusive, threatening,
harmful, obscene, profane, sexually orientated, homophobic or racially offensive.
17.2 10ticks users agree that comments and images posted on the Blog will not defame,
compromise the trade secrets or violate the copyright or other intellectual property
rights of any third party. You agree to indemnify, defend and hold Fisher Educational
Ltd harmless from any claims, losses or liabilities based on a violation of the
foregoing representation.
17.3 Please do not spam or flood the discussion or blog areas. This includes re-posting
the same message, or very similar messages, more than once.
17.4 By posting comments on 10ticks Blogs agree to allow the content to be re-used
or quoted by Fisher Educational Ltd without notification.
17.5 Users sometimes include references to other websites beyond the control of
Fisher Educational Ltd. As such Fisher Educational Ltd cannot be held responsible
for the content of such websites.
17.6 We will delete advertising posts, the system is designed to provide an online
diary for our users, not as a means for advertisers to promote their websites or
products. 10ticks editors will decide what is acceptable or not on a case by case
basis.
17.7 We will allow 1000 Blogs on the 10ticks website. If a Blog is left unused/unaltered
for more than 3 months we will delete it to allow other users the server space for
their Blogs.
17.8 We reserve the right to delete you blog with no notice
17.9 Fisher Educational Ltd reserves the right to modify or withdraw, temporarily
or permanently, the blog (or any part thereof) with or without notice to You and
You confirm that We shall not be liable to You or any third party for any modification
to or withdrawal of the blog.
Violation of any of the above rules may lead to your login details being temporarily
suspended or terminated.
Reporting abuse
Should you feel that a post is offensive or breaks our terms and conditions of use,
please email us: report abuse.
18) Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed to be severable from these Conditions and shall
not affect the validity and enforceability of any of the remaining provisions of
the Conditions.
19) Waiver
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach
of any provision.
20) Survival
Each provision of these Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
21) Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between
You and Us relating to the subject matter covered and supersedes any previous agreements,
arrangements, undertakings or proposals, written or oral, between You and Us in
relation to such matters. No oral explanation or oral information given by either
of Us shall alter the interpretation of these Conditions. You confirm that, in agreeing
to accept these Conditions, You have not relied on any representation save insofar
as the same has expressly been made a representation in these Conditions and You
agree that You shall have no remedy in respect of any misrepresentation which has
not become a term of these Conditions save that Your agreement contained in this
clause shall not apply in respect of any fraudulent or negligent misrepresentation
whether or not such has become a term of these Conditions.
22) Law
The Conditions shall be governed by and construed in accordance with the laws of
England and You irrevocably submit to the exclusive jurisdiction of the courts of
England.
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