Common use of Miscellaneous Matters Clause in Contracts

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 4 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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Miscellaneous Matters. 15.1. When we communicate with you we do so by email16.1. You agree undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that email communications are contractually binding in the same way as properly signed and dated paper sent by postwe may require to enable us to fulfil our obligations under this contract. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.316.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.416.3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.516.4. If you are in breach of any term of this agreement, we may: 16.4.1 terminate your account and refuse access to Our Website; 16.4.2 remove or edit Content, or cancel any order at our discretion; 16.4.3 issue a claim in any court. 16.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 16.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.616.7. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you. 16.8. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.716.9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 16.10. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 Xxx 0000 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Xxx 0000 or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of our directors, including any labour dispute between a party officers, employees, subcontractors, agents and its employeesaffiliated companies, may be enforced under that Act. 15.916.11. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1016.12. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Miscellaneous Matters. 15.120.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.220.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.720.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 20.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.820.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.920.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.11. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that countrythe State of Victoria.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Miscellaneous Matters. 15.118.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.218.2. Where we provide goods services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods Services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods services or that service. 15.318.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.418.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.518.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.618.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-maildelivery. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.; 15.718.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or 2017 or otherwise. 15.818.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.918.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1018.10. The validity, construction and performance of this agreement shall be governed by the laws of England Scotland and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. 14.1 If any term or provision of this agreement Contract is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.414.2 This Contract and any document expressly referred to in it (including the Client Brief) constitute the whole agreement between the Client and the Agency, to the exclusion of any terms implied by law which may be excluded by contract, and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement, oral or written, relating to the subject matter of any Contract. The rights Each party acknowledges that, in entering into the Contract, it has not relied upon, and obligations of the parties will not have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement shall pass Contract or the documents referred to any permitted successor in titleit. 15.5. 14.3 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 14.4 Neither party shall be liable for any failure or delay in performance of this Contract which is caused by circumstances beyond its reasonable control. 14.5 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: : 14.5.1 if delivered by hand: on the day of delivery; ; 14.5.2 if sent by post to the correct address: within 5 working days 72 hours of posting; and 14.5.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. 14.6 In the event of a dispute between the parties to this Contract, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing litigation. 14.7 This agreement Contract does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights or otherwise, except that any provision in this Contract which excludes or restricts the liability of Third Parties) (Scotland) Act 2017or otherwiseany person, may be enforced under that Act. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. 14.8 The validity, construction and performance of this agreement Contract shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that countryWales and each party hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.

Appears in 2 contracts

Samples: Client Registration Terms and Conditions, Terms and Conditions

Miscellaneous Matters. 15.119.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.219.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.319.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.419.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.519.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.619.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.719.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Xxx 0000 or otherwise. 15.819.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.919.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1019.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. 17.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. 17.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. 17.3 If you are in breach of any term of this agreement, we may: 17.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication; 17.3.2 terminate your account and refuse access to Our Website; 17.3.3 remove or edit Content, or cancel any order at our discretion; 17.3.4 issue a claim in any court. 17.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 17.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 17.6 Any communication to be served on either party of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. 17.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 17.8 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.8. 17.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his its reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. 17.10 The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that countrythe State of Victoria.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.124.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.224.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.324.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.424.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.524.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 24.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.624.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post fastmail service or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.724.8. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 24.9. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.824.10. Neither party We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his our reasonable control, including any labour dispute between a party and its employees. 15.924.11. In the event of any conflict between any term of this agreement and the provisions of the articles memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1024.12. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Trading Terms and Conditions

Miscellaneous Matters. 15.114.1. When we communicate with you you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.214.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.314.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.414.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.514.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.614.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.714.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 14.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Contract and Commercial Law Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or 2017 or otherwise. 15.814.9. Neither party shall be liable for any failure or delay in performance of this agreement agreement, which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees., 15.914.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1014.11. The validity, construction and performance of this agreement shall be governed by the laws of England New Zealand and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.118.1 In addition to the rights of the Seller under the law of a jurisdiction with authority to interpret this agreement, the Seller shall be entitled to claim damages for breach of this agreement in such sum as any one or more third parties have received, or are likely to have received, for sales made as a result, directly or indirectly, of the breach. When we communicate This right is an alternative to a claim for damages based on loss of profit. The Buyer agrees that this provision is reasonable and likely to reduce the time and cost of litigation. 18.2 A party to this agreement shall not be liable for its default if caused by the action of any judicial authority provided it uses its best endeavours lawfully to circumvent the prohibition and comply with you we do so this agreement. 18.3 The expiry of any registration or statutory right shall not affect this agreement or be a cause of action. 18.4 No amendment or variation to this agreement is valid unless in writing, signed by emaileach of the parties or its authorised representative. 18.5 Each party to this agreement now undertakes to the other that he will comply with the Data Protection Xxx 0000 regarding protection, disclosure, and processing of personal information of other of them. You Each of the parties agrees that the obligation set out in this paragraph shall apply also to personal information of any other person whom a party to this agreement may contact in relation to the subject matter of this agreement. 18.6 The parties acknowledge and agree that email communications are contractually binding in the same way as properly signed this agreement has been jointly drawn by them and dated paper sent by postaccordingly it should not be construed strictly against either party. 15.2. Where we provide goods without a specific charge to you18.7 So far as any time, then it (date or they) period is deemed to mentioned in this agreement, time shall be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that servicethe essence. 15.3. 18.8 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. 18.9 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. 18.10 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 18.11 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 18.12 The parties agree that electronic communications satisfy any legal requirement that such communications be in writing. 18.13 Any communication to be served on either party of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working 14 days of posting; If if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 72 hours if no notice of non-receipt has been received by the sender. 15.7. This 18.14 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 18.15 Unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Xxx 0000 or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between excludes or restricts the liability of a party and its employeesshall also operate to restrict the liability of any director, officer, employee, subcontractor, agent or affiliated company of that party. This provision may be enforced under that Act. 15.9. 18.16 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. 18.17 Each party shall bear its own legal costs and other costs and expenses arising in connection with the negotiation and drafting of this agreement. 18.18 This agreement may be executed in multiple counterparts each of which shall be considered an original and all or any one of which constitute one and the same instrument. 18.19 The validity, construction and performance of this agreement shall be governed by the laws of England and you Wales and the parties agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Ip Rights Assignment by Sale Agreement

Miscellaneous Matters. 15.121.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.221.2. Where we provide goods or without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.321.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.421.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.500.0. No Xx failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.621.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-maildelivery. 00.0. It Xx shall be deemed to have been delivered: : 21.7.1. if delivered by hand: on the day of delivery; ; 21.7.2. if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.721.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Xxx 0000 or otherwise. 15.821.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.900.00. In Xx the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1021.11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.123.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.223.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.723.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 Xxx 0000 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.823.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees]. 15.923.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.10. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.123.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.223.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 48 hours if no notice of non-receipt has been received by the sender. 15.723.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or or otherwise. 15.823.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.923.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Online Shop Terms and Conditions

Miscellaneous Matters. 15.122.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.222.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.322.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.422.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.522.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.622.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.722.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.822.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.922.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1022.10. The validity, construction and performance of this agreement shall be governed by the laws of England Scotland and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.120.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.220.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.720.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 20.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.820.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.920.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.11. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that countryNew Zealand.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.122.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.222.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.322.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.422.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.522.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.622.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.722.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or or otherwise. 15.822.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his their reasonable control, including any labour dispute between a party and its employees. 15.922.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1022.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you agree that have the right to cancel this contract within 14 days without giving any dispute arising from reason. The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it shall be litigated only in that countryto you. To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail. You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.120.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.220.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.720.7. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 20.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.820.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.920.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.11. The validity, construction and performance of this agreement shall be governed by the laws of England the State of Victoria and you agree that any dispute arising from it shall be litigated only in that countryState.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.123.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.223.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.723.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.823.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.923.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.10. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.123.1. You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract. 23.2. When we you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you we do so by emaile- mail or by posting notices on Our Website. You agree that email all our electronic communications are contractually binding satisfy any legal requirement that such communications be in the same way as properly signed and dated paper sent by postwriting. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. If you are in breach of any term of this agreement, we may: 23.5.1 terminate your account and refuse access to Our Website; 23.5.2 issue a claim in any court. 23.6. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 23.7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.8. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or deliveryor by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.723.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act. 15.823.10. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his its reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.120.1. When we communicate with you you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.220.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.720.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 20.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.820.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.920.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.11. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that countryNew Zealand.

Appears in 1 contract

Samples: E Commerce Terms and Conditions

Miscellaneous Matters. 15.119.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.219.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.319.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.419.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.519.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.619.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.719.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseContract and Commercial Law Xxx 0000. 15.819.8. Neither party We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his our reasonable control, including any labour dispute between a party and its employees. 15.919.9. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1019.10. The validity, construction and performance of this agreement shall be governed by the laws of England New Zealand and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so 19.1 The schedules, if any, to this agreement are part of the agreement and have the same force and effect. 19.2 No amendment or variation to this agreement is valid unless in writing, signed by email. You each of the parties or his authorised representative. 19.3 The parties acknowledge and agree that email communications are contractually binding in this agreement has been jointly drawn by the same way as properly signed parties and dated paper sent by postaccordingly it should not be construed strictly against either party. 15.2. Where we provide goods without a specific charge to you19.4 So far as any time, then it (date or they) period is deemed to mentioned in this agreement, time shall be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that servicethe essence. 15.3. 19.5 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. 19.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 19.7 Any communication to be served on either party of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by fax to the correct number: within 24 hours; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message] 19.8 In the Event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 15.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. 19.9 In the event Event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. 19.10 Each party shall bear its own legal costs and other costs and expenses arising in connection with the negotiation and drafting of this agreement. 19.11 The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any the State of [State]. Any dispute arising from it in connection with this agreement shall be litigated only in subject to the exclusive jurisdiction of the [State] courts. Signed by a duly authorised representative of the Organiser Signed by a duly authorised representative of the Sponsor [Signed by a duly authorised representative of the venue Owner] Schedule 3 [Services / products] the Sponsor may sell 1. If the Organiser and the Sponsor have not worked together before, we advise that country.the Sponsor should be very precise as to what he wants out of the deal. It is all too easy to assume that the nice guy he is dealing with has the power and time to micro-manage his employees and contractors on site at the venue. Notes following the numbering of the document

Appears in 1 contract

Samples: Sponsorship Agreement

Miscellaneous Matters. 15.112.1. When we communicate with you we do so No amendment or variation to this agreement is valid unless in writing, signed by emaileach of the parties or his authorised representative. 12.2. You agree that email communications are contractually binding So far as any time, date or period is mentioned in this agreement, or in the same way as properly signed and dated paper sent by postterms of any assignment, time shall be of the essence. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.312.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.412.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.512.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 12.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.612.7. For the purposes of the Data Protection Act 1998 each party consents to the processing of his personal data (in manual, electronic or any other form) relevant to this agreement, by the other [and/or any agent or third party nominated by that other] [and bound by a duty of confidentiality]. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA. 12.8. Any communication to be served on either party of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by fax to the correct number: within 24 hours; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message] 12.9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 15.712.10. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of any person, including any labour dispute between a party and its employeesmay be enforced under that act. 15.912.11. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1012.12. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.[England and Wales / Scotland / Northern Ireland]. On behalf of [Client name]: Signed by the Contractor: 1. Umbrella 2. What you should delete

Appears in 1 contract

Samples: Construction Contract

Miscellaneous Matters. 15.124.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.224.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.324.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.424.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.524.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 24.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.624.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post courier service or recorded delivery or by e-maildelivery. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post courier to the correct address: within 5 working days 72 hours of posting; If sent ; 24.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by e-mail to engaging in good faith with the address from which the receiving party has last sent e-mail: within 24 hours if no notice other in a process of non-receipt has been received by the sendermediation before commencing arbitration or litigation. 15.724.9. This So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.824.10. Neither party We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his our reasonable control, including any labour dispute between a party and its employees. 15.924.11. In the event of any conflict between any term of this agreement and the provisions of the articles memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1024.12. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Trading Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 Xxx 0000 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email20.1. You agree undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that email communications are contractually binding in the same way as properly signed and dated paper sent by postwe may require to enable us to fulfil our obligations under this contract. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.3. The rights If you are in breach of any term of this agreement, we may: 20.3.1 terminate your account and obligations of the parties set out refuse access to Our Website; 20.3.2 issue a claim in any court. 20.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall pass to any permitted successor in titleso continue. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you. 20.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent ; 20.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by e-mail to engaging in good faith with the address from which the receiving party has last sent e-mail: within 24 hours if no notice other in a process of non-receipt has been received by the sendermediation before commencing arbitration or litigation. 15.720.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 Xxx 0000 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Xxx 0000 or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of our management Committee, including any labour dispute between a party officers, employees, subcontractors, agents and its employeesaffiliated companies, may be enforced under that Act. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email20.1. You agree undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that email communications are contractually binding in the same way as properly signed and dated paper sent by postwe may require to enable us to fulfil our obligations under this contract. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.3. The rights If you are in breach of any term of this agreement, we may: 20.3.1 terminate your account and obligations of the parties set out refuse access to Our Website; 20.3.2 issue a claim in any court. 20.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall pass to any permitted successor in titleso continue. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you. 20.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent ; 20.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by e-mail to engaging in good faith with the address from which the receiving party has last sent e-mail: within 24 hours if no notice other in a process of non-receipt has been received by the sendermediation before commencing arbitration or litigation. 15.720.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or 2017 or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of our management Committee, including any labour dispute between a party officers, employees, subcontractors, agents and its employeesaffiliated companies, may be enforced under that Act. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.119.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.219.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.319.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.419.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.519.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.619.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 72 hours if no notice of non-receipt has been received by the sender. Please note if it was identified that an error occurred due to incorrect address or other unforeseen circumstances, the time-frame indicated does not apply. 15.719.7. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 19.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.819.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.919.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1019.11. The validity, construction and performance of this agreement shall be governed by the laws of England the State of Victoria and you agree that any dispute arising from it shall be litigated only in that countryState.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.121.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.221.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.321.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.421.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.521.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.621.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post fastmail service or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. Take care before agreeing to accept service by e-mail. It may be convenient, but the parties could miss or accidentally delete the message. 15.721.7. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 21.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.821.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.921.10. In the event of any conflict between any term of this agreement and the provisions of the articles memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1021.11. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country. E- commerce terms and conditions template: retailer of goods Paragraph specific notes:

Appears in 1 contract

Samples: E Commerce Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. 19.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. 19.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. 19.3 If you are in breach of any term of this agreement, we may: 19.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication; 19.3.2 terminate your account and refuse access to Our Website; 19.3.3 remove or edit Content, or cancel any order at our discretion; 19.3.4 issue a claim in any court. 19.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 19.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 19.6 Any communication to be served on either party of the parties by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. This 19.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 19.8 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.8. 19.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his its reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. 19.10 The validity, construction and performance of this agreement shall be governed by the laws of England the State of NSW and you agree that any dispute arising from it shall be litigated only in that countryState.

Appears in 1 contract

Samples: Membership Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.322.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.422.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.522.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 22.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.622.5. Any communication to be served on either party by the other shall be delivered by hand or hand, sent by first class post or a recorded delivery postal service or by e-mailemail. It shall be deemed to have been delivered: on the day of delivery if delivered by hand: on the day , or within 72 hours of delivery; posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the senderemail. 15.722.6. This agreement does not give any right In the event of a dispute, you agree to any third party under undertake to attempt to settle the Contracts (Rights dispute by engaging in good faith with the other in a process of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwisemediation before commencing arbitration or litigation. 15.822.7. Neither No party to this agreement shall be liable for any failure or delay in performance of this agreement which that is caused by circumstances beyond his their reasonable control, including any labour dispute between a party and its their employees. 15.922.8. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1022.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act. 22.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.123.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.223.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.723.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 Xxx 0000 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.823.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.923.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.10. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.119.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.219.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.319.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.419.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.519.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.619.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent ; 19.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by e-mail to engaging in good faith with the address from which the receiving party has last sent e-mail: within 24 hours if no notice other in a process of non-receipt has been received by the sendermediation before commencing arbitration or litigation. 15.719.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Contract and Commercial Law Xxx 0000 or otherwise. 15.819.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.919.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1019.11. The validity, construction and performance of this agreement shall be governed by the laws of England New Zealand and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.121.1. When we communicate with you you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.221.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.321.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.421.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.521.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.621.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post fastmail service or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.721.7. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 21.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.821.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.921.10. In the event of any conflict between any term of this agreement and the provisions of the articles memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1021.11. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.15.1. When we communicate Our privacy policy is strong and precise. It complies fully with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by postData Protection Act 2018 which is on our Legal Page. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.35.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.55.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.65.4. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.105.5. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country. We have drawn a comprehensive privacy notice. It reassures your website visitors that you take their privacy seriously. More importantly, your adopting it will prompt you to make whatever changes are necessary in your day to day business. You can download it at xxxxx://xxx.xxxxxxxxx.xx.xx/d/website-privacy-policy • you do not have a provision where you are assuming implied consent of customer to use his information in the way you think fit; • if you allow a user to post information to your website, you may not process, edit or change that information without express consent, if such information include his name, address, image etc. • Until now, you could simply ask for a tick to a box indicating that your customer or client has read your T&C. That is no longer good enough. You need to say exactly what you might do with your user's data. • The most important elements of data to consider are personal data and any data which you want to use - for example as a testimonial. Notes numbering refers to paragraph numbers. 1. Definitions

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by emailWe may change this agreement in any way at any time. You agree The version applicable to your contract is the version which was posted on Our Website at the time that email communications are contractually binding in the same way as properly signed and dated paper sent by postcontract was made. 15.2. Where Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at xxxxx://xxxxxxxxxxxxxxxxxx.xxx/wp- content/uploads/2020/08/Outdoor-Studios-Privacy-Policy.pdf 15.3. At any time if we provide goods without a specific charge decide in our absolute discretion that you have failed to you, then it (or they) is deemed to be provided free of charge, and not to be associated comply with any other Goods for which a charge is of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you any payment made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.315.4. So far as any time, date or period is mentioned in this agreement, time shall be of the essence. 15.5. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.415.6. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.515.7. If you are in breach of any term of this agreement, we may: 15.7.1 terminate any Licence of a Product. 15.8. Any obligation in this agreement intended to continue to have effect after termination shall so continue. 15.9. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.615.10. Any communication When you visit Our Website or send messages to be served on either party us by the other shall be delivered email, you are communicating with us electronically. We communicate with you by hand or sent by first class post or recorded delivery or by e-e- mail. It shall You agree that all our electronic communications satisfy any legal requirement that such communications be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the senderin writing. 15.715.11. This agreement does not give any right to any third party under the UK Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Xxx 0000 or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of our directors, including any labour dispute between a party artist members, employees, subcontractors, agents and its employeesaffiliated companies, may be enforced under that Act. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1015.12. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: License Agreement

Miscellaneous Matters. 15.1. When we communicate with you we do so by email16.1. You agree undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that email communications are contractually binding in the same way as properly signed and dated paper sent by postwe may require to enable us to fulfil our obligations under this contract. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.316.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.416.3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.516.4. If you are in breach of any term of this agreement, we may: 16.4.1 terminate your account and refuse access to Our Website; 16.4.2 remove or edit Content, or cancel any order at our discretion; 16.4.3 issue a claim in any court. 16.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 16.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.616.7. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you. 16.8. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.716.9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 16.10. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or 2017 or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of our directors, including any labour dispute between a party officers, employees, subcontractors, agents and its employeesaffiliated companies, may be enforced under that Act. 15.916.11. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1016.12. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.116.1. When we communicate with you we do so by email. You agree that email communications are contractually binding So far as any time, date or period is mentioned in this agreement, time shall be of the same way as properly signed and dated paper sent by postessence. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.316.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.416.3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.516.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.616.5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.716.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 16.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Contract and Commercial Law Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or 2017 or otherwise. 15.816.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his its reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1016.9. The validity, construction and performance of this agreement shall be governed by the laws of England New Zealand and you the parties agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Website Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email13.1. You agree undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that email communications are contractually binding in the same way as properly signed and dated paper sent by postwe may require to enable us to fulfil our obligations under this contract. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.313.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.413.3. The rights If you are in breach of any term of this agreement, we may: 13.3.1 terminate your account and obligations of the parties set out refuse access to Center Your Essence Website; 13.3.2 remove or edit Content, or cancel any order at our discretion; 13.3.3 issue a claim in this agreement shall pass to any permitted successor in titlecourt. 15.513.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.613.5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.713.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 13.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or 2017 or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of our directors, including any labour dispute between a party officers, employees, subcontractors, agents and its employeesaffiliated companies, may be enforced under that act. 15.913.8. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1013.9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Website Terms and Conditions

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Miscellaneous Matters. 15.117.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.217.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.317.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.417.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.517.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.617.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.717.7. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 17.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.817.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.917.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1017.11. The validity, construction and performance of this agreement shall be governed by the laws of England the State of Tasmania and you agree that any dispute arising from it shall be litigated only in that countryState.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.119.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.219.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.319.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.419.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.519.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.619.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-maildelivery. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent ; 19.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by e-mail to engaging in good faith with the address from which the receiving party has last sent e-mail: within 24 hours if no notice other in a process of non-receipt has been received by the sendermediation before commencing arbitration or litigation. 15.719.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Contract and Commercial Law Xxx 0000 or otherwise. 15.819.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.919.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1019.11. The validity, construction and performance of this agreement shall be governed by the laws of England New Zealand and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. 16.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. 16.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. 16.3 If you are in breach of any term of this agreement, we may: 16.3.1 terminate your account and refuse access to our Site; and/ or 16.3.2 issue a claim in any court. 16.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 16.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 16.6 Any communication to be served on either party of the parties by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: : 16.6.1 if delivered by hand: on the day of delivery; ; 16.6.2 if sent by post to the correct address: within 5 working days 72 hours of posting; If and 16.6.3 if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if the sender has received no notice of non-receipt has been received by the senderreceipt. 15.7. This 16.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 16.8 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.8. 16.9 Neither party shall be liable for any failure or delay in performance of this agreement which that is caused by circumstances beyond his its reasonable control, including any labour dispute between a party and its employees. 15.9. In 16.10 The laws of South Australia govern the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that countryaccordance with the laws of South Australia.

Appears in 1 contract

Samples: Membership Agreement

Miscellaneous Matters. 15.121.1. When we communicate with you you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.221.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.321.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.421.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.521.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.621.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.721.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 21.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.821.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.921.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1021.11. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that countryNew Zealand.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. 15.1 When we communicate with you you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. 15.2 Where we provide goods services without a specific charge to you, then it (or they) is they are deemed to be provided free of charge, and not to be associated with any other Goods goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. 15.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. 15.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. 15.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 15.6 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post mail or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. 15.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 15.8 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.8. 15.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. 15.10 In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. 15.11 The validity, construction construction, and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that countrythe State of Western Australia.

Appears in 1 contract

Samples: Website Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so 18.1 No amendment or variation to this Agreement is valid unless in writing, signed by email. You each of the parties or his authorised representative. 18.2 The parties acknowledge and agree that email communications are contractually binding in this Agreement has been jointly drawn by the same way as properly signed parties and dated paper sent by postaccordingly it should not be construed strictly against either party. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. 18.3 If any term or provision of this agreement Agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. 18.4 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 18.5 Any communication to be served on either party of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: : 18.5.1 if delivered by hand: on the day of delivery; ; 18.5.2 if sent by post to the correct address: within 5 working days 72 hours of posting; and 18.5.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. This agreement does not give any right 18.6 In the event of a dispute between the parties to any third party under this Agreement, then they undertake to attempt to settle the Contracts (Rights dispute by engaging in good faith with the other in a process of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwisemediation before commencing arbitration or litigation. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. 18.7 In the event of any conflict between any term of this agreement Agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement Agreement shall prevail. 15.10. 18.8 Each party shall bear its own legal costs and other costs and expenses arising in connection with the negotiation and drafting of this Agreement. 18.9 The validity, construction and performance of this agreement Agreement shall be governed by the laws of England and you agree that any the State of Western Australia. Any dispute arising from it in connection with this Agreement shall be litigated only in subject to the exclusive jurisdiction of the Western Australian courts. Signature …………………………………………………… Name …………………………………………………… Position held …………………………………………………… Date …………………………………………………… Signature …………………………………………………… Name …………………………………………………… Position held …………………………………………………… Date …………………………………………………… If the Sponsor is a corporation or other entity, then the person whose signature appears above personally warrants to the Organiser that countrythey have the power and authority to enter into this Agreement on behalf of that corporation or other entity. If the Sponsor is a natural person and the person whose signature appears above is signing for the client as their attorney or with their authority as their agent, then that person warrants to the Organiser that they have the power and authority to enter into this Agreement on behalf of the client. 1. Session 1 - The Enterprise Fights Back 1.1 Platinum Sponsorship Inclusions: a. Platinum level - Company Logo Branding on all event lead up promotions; b. VIP Platinum positioned trade booth display on the day of the event;

Appears in 1 contract

Samples: Sponsorship Agreement

Miscellaneous Matters. 15.123.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.223.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 23.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post fastmail service or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.723.8. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 23.9. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.823.10. Neither party We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his our reasonable control, including any labour dispute between a party and its employees. 15.923.11. In the event of any conflict between any term of this agreement and the provisions of the articles memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.12. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Website Terms and Conditions

Miscellaneous Matters. 15.121.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.221.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.321.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.421.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.521.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.621.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post fastmail service or recorded delivery or by e-mail. delivery: It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent ; 21.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by e-mail to engaging in good faith with the address from which the receiving party has last sent e-mail: within 24 hours if no notice other in a process of non-receipt has been received by the sendermediation before commencing arbitration or litigation. 15.721.8. This So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.821.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.921.10. In the event of any conflict between any term of this agreement and the provisions of the articles memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1021.11. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.113.1. When we communicate with you we do so No amendment or variation to this agreement is valid unless in writing, signed by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by postus. 15.213.2. Where So far as any time, date or period is mentioned in this agreement, time shall be of the essence, except we provide goods without a specific charge shall not be liable if delivery of the Equipment by us to you, then it (or they) the Site is deemed to be provided free of charge, and not to be associated with any other Goods delayed for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that servicereasons beyond our control. 15.313.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.413.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.513.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 13.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.613.7. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing. 13.8. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.713.9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 13.10. This agreement does not give any right to any third party under the Contracts (Rights Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseour directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act. 15.813.11. Neither Unless this agreement says otherwise, neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his its reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1013.12. The validity, construction and performance of this agreement shall be governed by the laws of England New Zealand and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Hire Agreement

Miscellaneous Matters. 15.112.1. When We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made. 12.2. Our privacy policy is strong and precise. It complies fully with the current privacy law which is at xxxxx://xxxxxxxx.xx.xx/privacy-policy/ 12.3. At any time if we communicate decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you we do so by emailany payment made. 12.4. You agree undertake to provide us your, e-mail address and telephone numbers as often as they are changed together with all information that email communications are contractually binding in the same way as properly signed and dated paper sent by postwe may require to enable us to fulfil our obligations under this contract. 15.212.5. Where we provide goods without a specific charge to youSo far as any time, then it (date or they) period is deemed to mentioned in this agreement, time shall be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that servicethe essence. 15.312.6. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.412.7. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.512.8. If you are in breach of any term of this agreement, we may: 12.8.1 terminate any Licence of a Licensed Product; 12.8.2 issue a claim in any court. 12.9. Any obligation in this agreement intended to continue to have effect after termination shall so continue. 12.10. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.612.11. Any communication When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e- mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be served on either party in writing. 12.12. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other shall be delivered by hand in a process of mediation before commencing arbitration or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the senderlitigation. 15.712.13. This So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.912.14. In the event of any conflict between any term of this agreement and the provisions of the articles memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1012.15. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country. Notes numbering refers to paragraph numbers.

Appears in 1 contract

Samples: Licence Agreement

Miscellaneous Matters. 15.120.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.220.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.720.7. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 20.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.820.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.920.10. In the event of any conflict between any term of this agreement and the provisions of the articles constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.11. The validity, construction and performance of this agreement shall be governed by the laws of England the State of NSW and you agree that any dispute arising from it shall be litigated only in that countryState.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so 16.1 No amendment or variation to this agreement is valid unless in writing, signed by email. You each of the parties or his authorised representative. 16.2 The parties acknowledge and agree that email communications are contractually binding in this agreement has been jointly drawn by the same way as properly signed parties and dated paper sent by postaccordingly it should not be construed strictly against either party. 15.2. Where we provide goods without a specific charge to you16.3 So far as any time, then it (date or they) period is deemed to mentioned in this agreement, time shall be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that servicethe essence. 15.3. 16.4 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. 16.5 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. 16.6 If the Borrower is in breach of any term of this agreement, the Lender may: 16.6.1 publish all text and Content relating to the claimed breach, including the name and email address of the Borrower and all correspondence between the parties; and the Borrower now irrevocably gives his consent to such publication. 16.6.2 issue a claim in any court. 16.6.3 take any other action he considers appropriate. 16.7 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. 16.8 Any communication to be served on either party of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-fax or by e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by fax to the correct number: within 24 hours; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. 16.9 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. 16.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that countryEngland and Wales.

Appears in 1 contract

Samples: Partnership Agreement

Miscellaneous Matters. 15.123.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.223.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.723.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Xxx 0000 otherwise. 15.823.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.923.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.415.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.3. If you are in breach of any term of this agreement, we may: 15.3.1 terminate your account and refuse access to Our Website; 15.3.2 remove or edit Content, or cancel any order at our discretion; 15.3.3 issue a claim in any court. 15.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 15.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 15.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights or otherwise, except that any provision in this agreement which excludes or restricts the liability of Third Parties) (Scotland) Act 2017or otherwiseour directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act. 15.815.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his its reasonable control, including any labour dispute between a party and its employees. 15.915.10. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1015.11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country. 15.12. These Terms & Conditions should be reading in conjunction with our Privacy Policy and our Cookie Policy

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.123.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.223.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.723.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.823.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees]. 15.923.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.10. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class express post or recorded delivery delivery. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or by e-maillitigation. It shall be deemed to have been delivered: if delivered by hand: on So far as the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.7. This law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.8party. Neither party We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his our reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.10. The validity, construction and performance of this agreement shall be governed by the laws of England the Province of Ontario and you the parties agree that any dispute arising from it shall be litigated only in that countrythe Province of Ontario.

Appears in 1 contract

Samples: Terms and Conditions of Use and of Sale

Miscellaneous Matters. 15.123.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.223.2. Where we provide goods or [services] without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.323.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.423.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.523.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.623.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but the parties could miss or accidentally delete the message]. 15.723.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.823.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, [including any labour dispute between a party and its employees]. 15.923.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1023.10. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: E Commerce Agreement

Miscellaneous Matters. 15.120.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.220.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.720.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or or otherwise. 15.820.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.920.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales, and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email20.1. You agree undertake to provide to us your current e‐mail address and telephone numbers as often as they are changed together with all information that email communications are contractually binding in the same way as properly signed and dated paper sent by postwe may require to enable us to fulfil our obligations under this contract. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.3. The rights If you are in breach of any term of this agreement, we may: 20.3.1 terminate your account and obligations of the parties set out refuse access to Our Website and Our Social Media Accounts; 20.3.2 issue a claim in any court. 20.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall pass to any permitted successor in titleso continue. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-maile‐mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days of posting; If sent by e-mail e‐mail to the address from which the receiving party has last sent e-mail: an e‐mail, upon notice of receipt by the receiving party, or within 24 hours if no notice of non-or non‐ receipt has been received by the sender. 15.720.7. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 20.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.9. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.1. When we communicate with you we do so by email. You agree that email communications are contractually binding So far as any time, date or period is mentioned in this agreement, time shall be of the same way as properly signed and dated paper sent by postessence. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.3. For the purposes of the Data Protection Act 1998, the Client consents to the processing of his all or any personal data (in manual, electronic or any other form) relevant to this agreement, by the Agency and/or any agent or third party nominated by the Agency and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA. 15.4. The rights and obligations of the parties set out Any obligation in this agreement intended to continue to have effect after termination or completion shall pass to any permitted successor in titleso continue. 15.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.6. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees. 15.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.715.8. In the event of a dispute between the parties to this agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 15.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of any person, including any labour dispute between a party and its employeesmay be enforced under that Act. 15.915.10. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1015.11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales. ……………………………………………….. Date Signed by Client ……………………………………………….. Signed by Client ……………………………………………….. Date Signed by Agency ……………………………………………….. Signed by Xxxxxxxxx Xxxxxxxxx of tgnc Group Limited The signature of the Agency acts as written proof that country.the Agency will proceed to offer the services to the Client as requested and agreed upon, as detailed in the Client Registration Form. Stage 1: Registration Fee (per job search) £25+VAT Stage 2: (if requested) Documentation Fee (per Applicant) & Trial Day (per day) £25+VAT Stage 3: Booking Deposit Fee (per Applicant) £100+VAT Stage 4: FINAL UK Mothers Help Engagement £899+VAT Stage 4: FINAL UK Family Assistant Engagement £899+VAT Stage 4: FINAL UK Xxxxx Engagement £1199+VA T Stage 4: FINAL UK Housekeeper Engagement £1199+VA T UK Placements Stage 1: Registration Fee (per job search) £50+VAT Stage 2: (if requested) Documentation Fee (per Applicant) & Trial Day (per day) £25+VAT Stage 3: Booking Deposit Fee (per Applicant) £100+VAT Stage 4: FINAL Overseas Mothers Help Engagement 15% of Gross annual salary +VAT Stage 4: FINAL Overseas Family Assistant Engagement 15% of Gross annual salary +VAT Stage 4: FINAL Overseas Nanny Engagement 15% of Gross annual salary +VAT Stage 4: FINAL Overseas Housekeeper Engagement 15% of Gross annual salary +VAT OVERSEAS Placements A trial, if requested prior to making an offer, this is permitted for one day only free of charge of Agency fees and a trial may not exceed one full week. Stage 1: Registration Fee (per role) £25+VAT Stage 2: (if requested) Documentation Fee (per Applicant) & Trial Day (per day) £25.+VAT Stage 3: Daily Rate per booked day £20.00+VAT Stage 3: Weekly Rate per booked week £80.00+VAT A trial, if requested prior to making an offer, this is permitted for one day only free of charge of Agency fees and a trial may not exceed one full week. Stage 1: Registration Fee (per role) £50+VAT Stage 2: (if requested) Documentation Fee (per Applicant) & Trial Day (per day) £25.+VAT Stage 3: Daily Rate per booked day £50.00+VAT Stage 3: Weekly Rate per booked week £200.00+VAT

Appears in 1 contract

Samples: Professional Services

Miscellaneous Matters. 15.1. When we communicate with you we do so by email16.1. You agree undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that email communications are contractually binding in the same way as properly signed and dated paper sent by postwe may require to enable us to fulfil our obligations under this contract. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.316.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.416.3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.516.4. If you are in breach of any term of this agreement, we may: 16.4.1 terminate your account and refuse access to Our Website; 16.4.2 remove or edit Content, or cancel any order at our discretion; 16.4.3 issue a claim in any court. 16.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 16.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.616.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.716.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 16.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 Xxx 0000 / Contracts (Rights of Third Parties) (Scotland) Act 2017or Xxx 0000 or otherwise. 15.8. Neither party shall be liable for , except that any failure or delay provision in performance of this agreement which is caused by circumstances beyond his reasonable controlexcludes or restricts the liability of our directors, including any labour dispute between a party officers, employees, subcontractors, agents and its employeesaffiliated companies, may be enforced under that Act. 15.916.10. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1016.11. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Website Terms and Conditions

Miscellaneous Matters. 15.122.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.222.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.322.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.422.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.522.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.622.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.722.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 Xxx 0000 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.822.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.922.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1022.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.17.1. When we communicate with you we do so No amendment or variation to this agreement is valid unless in writing, signed by emaileach party or his authorised representative. 7.2. You agree that email communications are contractually binding So far as any time, date or period is mentioned in this agreement, or in the same way as properly signed and dated paper sent by postSpecification, time shall be of the essence. 15.2. Where we provide goods without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.37.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.47.4. The rights and obligations of the parties set out Any obligation in this agreement intended to continue to have effect after termination or completion shall pass to any permitted successor in titleso continue. 15.57.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.67.6. Any communication to be served on either party of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.77.7. This agreement does not give any right In the event of a dispute between the parties to any third party under this agreement, then they undertake to attempt to settle the Contracts (Rights dispute by engaging in good faith with the other in a process of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwisemediation before commencing arbitration or litigation. 15.87.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its his employees. 15.97.9. In the The party claiming to be affected by an uncontrollable event of any conflict between any term of will take all reasonable steps to fulfil his obligations under this agreement and despite the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevailuncontrollable event. 15.107.10. The validity, construction and performance of this agreement shall be governed by the laws of England and you Wales and the parties agree that any dispute arising from it shall be litigated only in that country.

Appears in 1 contract

Samples: Window Cleaning Agreement

Miscellaneous Matters. 15.120.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.220.2. Where we provide goods or services without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.320.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.420.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.520.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.620.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post fastmail service or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 15.720.7. This In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 20.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwiseparty. 15.820.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. 15.920.10. In the event of any conflict between any term of this agreement and the provisions of the articles memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1020.11. The validity, construction and performance of this agreement shall be governed by the laws of England the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country. Furthermore, each party agrees to the non-exclusive jurisdiction of the Magistrates Court of South Africa. 20.12. No indulgence granted by a party will constitute a waiver follows that neither party will be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or may arise in the future. 20.13. No agreement varying, adding to, deleting from or cancelling this Agreement will be effective unless reduced to writing and signed by both parties.

Appears in 1 contract

Samples: Terms and Conditions

Miscellaneous Matters. 15.11. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 15.22. Where we provide goods or [services] without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. 15.33. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 15.44. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 15.55. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 15.66. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 5 working days 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.; 15.77. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. 15.88. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, [including any labour dispute between a party and its employees]. 15.99. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 15.1010. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you. How to cancel To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post. You may use the attached model cancellation form, but you can use your own words as long as your intention is clear. To Mugpic, 0 Xxxxxx Xxxx, Xxxxx, Xxxxxxx, Xxxx xx Xxxxx, XX00 0XX I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference]. Ordered on [date]/received on [date], Name: [enter name or names in which the order was made], Address: [enter your address], Signature: (only if this form is notified on paper) Date: [date]

Appears in 1 contract

Samples: Terms and Conditions

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