TERMS OF
SERVICE
These Terms
of Service (“Terms”), govern the provision of digital advertising of your
saleable or rentable property (listing) by us to you. Please read them
carefully. We may modify these Terms
from time to time and you should therefore ensure that you review these Terms
regularly. These Terms, together with the Terms of Use, are the “Terms and
Conditions”.
In these Terms,
"we", "us" or "our" means Hiizzy Enterprises
Limited (“Hiizzy”). When we refer to Hiizzy this includes the platform located
at www.hiizzy.com ("Hiizzy
Platform") which is defined further in our Terms of Use, and all other
Hiizzy platforms including mobile and tablet and any Hiizzy Apps owned and
operated by us.
These Terms
apply to any listing that is placed, renewed and/or amended until that listing
expires, is terminated, or is cancelled for whatever reason in accordance with
these Terms. “Users” and “you” means any person interacting with the Hiizzy
Platform whether as a seller, buyer, landlord or tenant.
1.
INTRODUCTION
a.
The Hiizzy Platform is a
self-help marketplace designed to empower Users sell or rent their property or
to buy or rent a property without the need for an estate agent. Hiizzy is not
an estate agent (by any definition) and is therefore not subject to the provisions
of the Estate Agents Act 1979. We confirm that the Terms and Conditions set out
all of our terms of business in writing but we are not
subject to the Estate Agents (Provision of Information) Regulations 1991.
Hiizzy is furthermore not subject to any legislation or regulations relating to
property sale or lettings or health and safety of rental property and for
performance of all “right to rent” checks. This is the responsibility of the
User.
b.
Hiizzy provides a tool to help Users understand what their
property might be worth prior to listing it for sale. Any data provided through
this tool is obtained and assimilated via third party data sources including
but not limited to data supplied by www.datastreet.co.uk and HM Land
Registry. By using Hiizzy and by listing their properties on Hiizzy,
Users agree that the tool does not constitute valuation advice and/or a
professional valuation of the property in question. You agree that the
sale price for which any property is listed by you on the Hiizzy Platform, is
based on your own market and other research and professional advice separately
obtained by you as to valuation.
c.
Hiizzy offers a secure
method of communication between the individuals selling, buying or renting
property as well as providing a booking calendar for viewings. To
maximise both the financial savings and benefits of using the Hiizzy Platform, Users
must be committed to achieving their selling, buying or renting goals. It
is on this basis that you have decided to use the Hiizzy Platform Hiizzy
subject to these Terms. If you do not agree to this principle and these Terms
you should not use the Hiizzy Platform.
d.
The Hiizzy Platform merely
serves as a technical infrastructure or platform to allow Users to interact
with each other. Hiizzy therefore is not directly involved in any such
interactions between Users and does not review or edit material placed by Users
on the Hiizzy Platform except to the extent of establishing that they comply
with our criteria for acceptance of a listing.
2.
ACCOUNT REGISTRATION
a.
To use the Hiizzy Platform
for listing a property, viewing a property, messaging a seller or buyer or any
other service within the Hiizzy platform, Users must be at least 18 years of
age and by using the Hiizzy Platform and accepting these Terms, you confirm
that you are at least 18 years of age.
b.
Users must register or
create a User account, providing all required data or
information in a complete and truthful manner. Failure to do so will cause
unavailability of the Service.
c.
Users are responsible for
keeping their login credentials confidential and safe. For this reason, Users
are also required to choose passwords that meet the highest standards of
strength permitted by the Hiizzy Platform.
d.
By registering, Users agree
to be fully responsible for all activities that occur under their username and
password.
e.
Users are required to
immediately and unambiguously inform Hiizzy via the contact details indicated
in these Terms, if they think their personal information, including but not
limited to User accounts, access credentials or personal data, have been
violated, unduly disclosed or stolen.
f.
Unless caused by our
negligence, we will not be liable for any loss you might suffer if a third
party gains unauthorised access to your account.
g.
You agree that the
information supplied with your registration will be truthful, accurate and
complete. You also agree that you will not attempt to register in the name of
any other individual, seek to sell or rent a property to which you do not have
legal title or legal authority to sell or rent, nor will you adopt any username
which is offensive. All personal information supplied by you as part of the
registration process will be protected and used in accordance with the terms of
our Privacy Policy.
a.
When you place a listing on
Hiizzy, you will create an account registration.
b.
If Hiizzy allows Users to open a listing account in
order to upload, share or provide their own content to the Hiizzy Platform, by
providing content to the Hiizzy Platform, Users confirm that they are legally entitled
to do so and that they are not infringing any statutory provisions and/or
third-party rights.
c.
Further insights regarding acceptable content can
be found inside the Listing Content Guidelines section of these Terms which
detail the acceptable uses.
d.
Users acknowledge and accept that by providing
their own content to the Hiizzy Platform, they grant Hiizzy a non-exclusive,
worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the
entire protection term), sub-licenseable and
transferable licence to use, access, store, reproduce, modify, distribute,
publish, process into derivative works, broadcast, stream, transmit or
otherwise exploit such content to provide and promote its services in any media
or manner.
e.
To the extent permitted by applicable law, Users
waive any moral rights in connection with content they provide to the Hiizzy
Platform.
f.
Users acknowledge, accept and confirm that all
content they provide through the Hiizzy Platform is provided subject to the
same general conditions set forth for content on the Hiizzy Platform.
g.
Users are solely liable for any content they
upload, post, share, or provide through the Hiizzy Platform.
h.
Users acknowledge and accept that Hiizzy filters or
moderates such content after it has been made available.
i.
Hiizzy reserves the right to refuse, remove,
delete, or block such content at its own discretion and to deny access to the
Hiizzy Platform to the uploading User without prior notice, if it considers
such content to infringe these Terms, any applicable legal provision or
third-party right, or to otherwise represent a risk for Users or third parties,
and/or the availability of the services provided through the Hiizzy Platform.
j.
The removal, deletion or blocking of content shall
not entitle Users that have provided such content or that are liable for it, to
any claims for compensation, damages or reimbursement.
k.
Users agree to hold Hiizzy harmless from and
against any claim asserted and/or damage suffered due to content they provided
to or provided through the Hiizzy Platform.
l.
If
we accept your listing, whilst we cannot give any guarantees regarding
timescales, we aim to process and publish adverts supplied online within 24
hours of receipt.
m.
Listings placed may appear on all Hiizzy Platforms,
including desktop, mobile and tablet, and all third-party social media
platforms on which Hiizzy are active and other
third-party partner sites. To find out more about our partner sites, visit www.hiizzy.com.
n.
As soon as your listing has
been accepted for publication, a confirmation email will be sent to you
explaining that the listing has gone live on Hiizzy. If a listing is
rejected for publication, we will attempt to contact you to explain why your
listing has been rejected. If we reject the listing prior to publishing, no
charge will be incurred by you. Please note that no contract will be deemed to
exist between you and us until we have sent you anemail
confirming your listing.
o.
Your listing on the Hiizzy Platform shall only be kept
active for 12 months, after which it will be automatically deactivated. When a
property is deactivated from our website after 12 months, you may reactivate
your listing for a further period of 12 months. Hiizzy may remove your listing
from the Hiizzy Platform at its sole discretion, at any time.
p.
We make no guarantees as to
the prominence, or performance of any advertisements that we publish or
represent or warrant that your listing or the
functionality of the Hiizzy Platform will help you achieve any sale or rental
or otherwise promote any other outcome.
4.
We also reserve the right to
cancel unconfirmed accounts or accounts that have been inactive for a long time
or to modify or discontinue our listings. You agree not to hold Hiizzy
responsible for any loss you may incur in us taking this action.
5.
LISTING CONTENT GUIDELINES
a.
Each listing may only
feature one property. If you have more than one property to sell, you will need
to place a separate listing for each property.
b.
We are only able to display
one listing for each property at any one time.
c.
We may accept photographs,
videos and/or links to an external source (such as a
Instagram reel, YouTube video, Vimeo or Facebook reel floor plan or third party
description of your property) (together an “External Source”), all in a format
to be determined by us, of properties for use in your listing. However, we
reserve the right in our sole discretion not to include a photograph and/or
video in your advert.
d.
You are solely responsible
for uploading any External Source which form part of your listing unless agreed
otherwise by us. We shall have no responsibility for the accuracy, suitability
or quality of any External Source you upload or provide to us.
e.
AnyExternal Source which form part of
the listing must:-
i.
show only one property;
ii.
be accurate in their
description of the property being displayed;
iii.
comply with all applicable
legislation and regulations;
iv.
not contain any material
that is subject to third party intellectual property rights or other
third-party proprietary rights (including rights of privacy or rights of
publicity);
v.
not be defamatory or
derogatory of any person or organisation;
vi.
not contain any profanity or
inappropriate content or be obscene, offensive, threatening, inflammatory
, abusive, hateful, racist, anti-religious or sexually graphic;
vii.
not be in any way
discriminatory or promote discrimination of any kind;
viii.
not be pornographic or violent;
ix.
not disclose any personal
information in respect of any individual (and personal information for the
purpose of these Terms is any information that can be used to identify a person
or contact a person by any means);
x.
not impersonate any person
or misrepresent your identity or affiliation with any person or company;
xi.
not be unlawful or advocate,
promote, incite any third party to commit or assist any unlawful or criminal
act or contain any description or mention of illegal activity;
xii.
not contain a statement
which is direct or indirect encouragement or other inducement to the
commission, preparation or instigation of acts of terrorism;
xiii.
not, other than solely in relation to the sale of
the property which is the subject of your listing, contain any advertising,
promote any goods or services, drive traffic to another website or notify users
of a promotion not approved by us or otherwise attempt to make a commercial gain;
xiv.
not contain any
spam; contain text or audio not relevant to the property described;
xv.
not be in any language other
than English;
xvi.
not be irrelevant or
off-topic; and
xvii.
not contain a url or link
to any other site. Hiizzy may check such photographs and videos which form part
of the adverts to ensure that such content meets the above requirements.
f.
If any External Source in your listing does not meet the
requirements set out at paragraph (e), we reserve the right not to publish the External Source , to remove the relevant External
Source or any part of it from the listing or to remove the listing in its
entirety from the Hiizzy Platform.
g.
Further to paragraph 3.k
above, in the event that any External Source (or any other materials or
information you include in your listing) unlawfully contains any third party
intellectual property rights or breaches any legislation or regulation, you
will defend, indemnify, save and hold Hiizzy harmless from any third party
claims, demands, suits, actions, causes or threats of action, proceedings,
losses, damages, liabilities inclusive of reasonable legal fees to the extent
that they arise out of or in connection with or attributable to any such
infringement, breach, unauthorised use or misappropriation of any third party
intellectual property rights in connection with any such External Source or
other materials or information, or in connection with any failure on your part
to comply with any legislation or regulations referred to in paragraph 1.a
above.
h.
If you need to amend your listing,
you can use at any time the online edit functionality featured on the Hiizzy
Platform.
i.
You warrant that:
i.
you have the legal right to
sell or rent the property in the listing;
ii.
the information contained
within the listing is a true and accurate representation of the property to
which it relates; you will not act fraudulently;
iii.
all copy, information and
materials that you provide to us is complete, accurate, legal, non-defamatory,
decent, honest and truthful and complies with the British Code of Advertising
Practice, all other relevant codes under the general supervision of the
Advertising Standards Authority and all current relevant legislation;
iv.
the publication of the
listing by us will not breach any contract, infringe any third-party
intellectual property rights or other rights; render us or any other company in
our group liable to any proceedings; and/or cause a detriment to our reputation
and/or the reputation of any company within our group;
v.
you will not upload any
files to the Hiizzy Platform that contain a virus and/ or corrupted data;
and
vi.
the listing complies with
these Terms.
6.
ACCESS TO EXTERNAL RESOURCES
a.
Through the Hiizzy Platform, Users may have access
to external resources provided by third parties. Users acknowledge and accept
that we have no control over such resources and is therefore not responsible
for their content and availability.
b.
Conditions applicable to any resources provided by
third parties, including those applicable to any possible grant of rights in
content, result from each such third parties’ terms and conditions or, in the
absence of those, applicable statutory law.
c.
In particular, on the Hiizzy Platform, Users may
see advertisements provided by third parties. We do not control or moderate the
advertisements displayed via this Application. If Users click on any such
advertisement, they will be interacting with any third party responsible for
that advertisement.
d.
Hiizzy is not responsible for any matters resulting
from such interaction with third parties, such as anything resulting from
visiting third-party websites or using third-party content.
7.
CHARGES AND PAYMENT
a.
Our listing charges can be
found on the Hiizzy Platform. All prices are plus VAT as may be
applicable.
b.
We have the right to change
our listing rates at any time and for any reason, but any revised rates shall
not apply to any listings placed with us before publication of the revised
rates.
c.
All listings are subject to
a subscription payment which subscription must be completed prior to
publication.
d.
The purchasing process
includes these steps:
i.
By clicking on the checkout
button, Users open the Stripe checkout section, wherein they will have to
specify their contact details and a payment method of their choice.
ii.
After providing all the
required information, Users must carefully review the order and, subsequently,
confirm and submit it by using the relevant button or mechanism on the Hiizzy
Platform, hereby accepting these Terms and committing to pay the applicable
subscription price.
8.
ORDER SUBMISSION
a.
When the User submits an
order, the following applies:
i.
The submission of an order
determines contract conclusion and therefore creates for the User the
obligation to pay the price, taxes and possible further fees and expenses, as
specified on the order page.
ii.
In case the purchase
requires an action from the User, such as the provision of personal information
or data, the order submission creates an obligation for the User to cooperate
accordingly.
iii.
Upon submission of the
order, Users will receive a receipt confirming that the order has been
received.
iv.
All notifications related to
the described purchasing process shall be sent to the email address provided by
the User for such purposes.
9.
METHODS OF PAYMENT
a.
Information related to
accepted payment methods are made available during the purchasing process.
b.
Some payment methods may
only be available subject to additional conditions or fees. In such cases
related information can be found in the dedicated section of this Application.
c.
All payments are
independently processed through third-party services. Therefore, the Hiizzy
Platform does not collect any payment information – such as credit card details
– but only receives a notification once the payment has been successfully
completed.
d.
If a payment through the
available methods fails or is refused by the payment service provider, Hiizzy
shall be under no obligation to fulfil the purchase order. If a payment fails
or is refused, Hiizzy reserves the right to claim any related expenses or
damages from the User.
e.
Retention of usage rights:
i.
Users do not acquire any
rights until the total purchase price is received by us.
f.
Delivery:
i.
The purchased service shall
be performed or made available within the timeframe specified on the Hiizzy
Platform or as communicated before the order submission, but time shall not be
of the essence.
10.
OUR RIGHT TO TERMINATE THE
CONTRACT
a.
We shall be entitled to
terminate the contract with you and remove a listing at any time. We will
provide you with notice of the removal of your listing and give you our reasons
for removing your listing. Under no circumstances shall we provide a refund to
you.
b.
We may immediately suspend
or terminate the contract and remove a listing where:
i.
you breach a term of these Terms;
ii.
you breach any of the
provisions of paragraph 4 above;
iii.
we reasonably suspect that
you are not complying with the provisions of paragraph 4 above;
iv.
You place a listing for one
property and then modify the listing information to sell multiple properties;
v.
if in our reasonable
opinion, we have reason to believe that you have been abusive to our staff, or
we receive a complaint from a third party regarding your conduct in the sale of
a listed property; and/ or
vi.
any competent law
enforcement or compliance authority instructs, advises or makes a
recommendation to us to take down any of your adverts and/or suspend the
delivery of services to you.
c.
If we remove a listing in
accordance with paragraph 9 above, you will not be entitled to any refund for
the listing in question.
11.
YOUR RIGHT TO CANCEL
a.
The listing of a property on
the Hiizzy Platform is a bespoke package, tailored to your requirements and is
created instantaneously. By submitting a listing to us for publication, you are
requesting Hiizzy to create and publish your listing which you may view
immediately, and Hiizzy will have fully performed its obligation to make
available the digital content once your listing goes live on the Hiizzy
Platform. You have therefore provided your consent to waive the 14-day cooling
off period that would otherwise be available under the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 with respect to digital
content since you have obtained an immediate benefit once the listing is live,
and you will not be entitled to a refund if you wish to remove your
listing.
b.
By submitting your listing
for publication, you acknowledge that your right to cancel your listing at no
cost to you will be lost and you will not be entitled to a refund.
12.
A listing can be paused or removed
at any time by you, but no refunds will be given unless you cancel your listing
due to our breach of contract.
13.
SUCCESSFUL
SALE OR RENTAL OF YOUR PROPERTY
a. Upon a successful sale (on completion) or rental of your property, your payment subscription will automatically end and your listing will be automatically removed from the Hiizzy Platform after three (3) months.
b. You undertake to update your listing when your property is let for rent or when you exchange contracts for the sale of your property in which case you will mark your listing as sold.
c. It is your sole responsibility to arrange all legal and other formalities, taking professional advice as appropriate, to ensure that the sale or letting is properly completed.
14.
OUR RIGHTS AND OBLIGATIONS
a.
We shall provide the listing
service with reasonable care and skill in a professional and timely manner.
However, you acknowledge and accept that it is technically impossible to
guarantee that we will be continuously available online or to guarantee the
corruption free or error free transfer of a listing to the Hiizzy Platform.
b.
From time to time, we will
need to carry out maintenance on our equipment and systems, and we shall use
our reasonable endeavours to ensure that, in so doing, minimum disruption to
any adverts is caused.
c.
We will use reasonable
endeavours to remedy faults or errors on the Hiizzy Platform as soon as
possible. You acknowledge and accept that once a fault or error has been
reported to us, it may take up to 48 hours for us to investigate and rectify
the problem.
d.
We do not monitor or control
and shall not be responsible for the content of your listing which you agree is
your sole responsibility. Accordingly, you shall be responsible for any losses,
expenses or other costs incurred by us caused by an untrue statement or
inaccurate or unlawful content.
e.
We reserve the right to
refuse to publish any listing without reason and to classify, edit and delete a
listing at our sole discretion so as to: comply with legal or moral obligations
placed on you or us; avoid infringing third party rights, the British Code of
Advertising Practice and all other codes under the general supervision of the
Advertising Standards Authority and/ or any relevant legislation; respond to
any complaints; correct typographical errors or technical inaccuracies that may
appear from time to time; and for any other technical and/ or quality reasons.
Where possible, we will attempt to contact you to inform you of these changes
prior to publication and/or edit.
f.
We may at any time remove
any or all materials from the listing which in our opinion are unlawful or are
in breach of these Terms.
g. We may at any time vary the technical specifications of the Hiizzy Platform (or any parts of them) for operational reasons.
h. The copyright and all other intellectual property rights in the Hiizzy Platform (including all database rights, design right, trade marks (registered and unregistered), get up, trade dress, trading names, text, graphics, code, files, links and other materials published on it) belong to us or our licensor(s). Our trade marks include the UK registered trade marks HIIZZY/hiizzy (series) (UK00003919763) and hiizzy (figurative: series) (UK00003947053) in various classes. All rights are reserved to all of Hiizzy’s intellectual property rights or to those of our licensors. Users must not use or copy any of these intellectual property rights without our prior written consent.
15.
CONTRACT DURATION
a.
The contract with you made
on these TOS is valid until terminated by us in accordance with paragraph 10,
cancelled by you in accordance with paragraph 11 or you have marked your
property as sold in which case your subscription payments will automatically
terminate.
16.
LIABILITY
a.
We will not be liable for
any loss or damage caused by a distributed denial of service attack, viruses,
malicious or impairing computer programs or other technologically harmful
material that may affect us, your listing and/ or may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of the Hiizzy Platform or your downloading of any material posted on it or
on any website linked to it.
b.
Except where provided
elsewhere in these Terms, to the maximum extent permitted by law, we (including
our affiliates, officers, directors, agents, subcontractors and employees) will
not be liable to you in contract, tort (including negligence) or otherwise for
any liabilities, damages or losses (whether direct, indirect, consequential,
special or otherwise) incurred or suffered by you or any third party in
connection with the Hiizzy Platform , or in connection with the use, inability
to use, or results of the use of the Hiizzy Platform, any websites linked to it
and any materials posted on it.
c.
Should you not agree with
any part of these Terms or have any dispute or claim against us or our
suppliers with respect to these Terms or the services provided on the Hiizzy
Platform, your sole and exclusive remedy will be to discontinue using the
services.
d.
Notwithstanding the
foregoing, nothing in this paragraph 16 is intended to limit any statutory
rights you may have as a consumer which may not be excluded, nor in any way to
exclude or limit our liability to you for personal injury or death caused by
our negligence.
e.
We are not liable for any
consequences or loss from your use of the Hiizzy Platform.
f.
In no event do we accept
liability of any description, for the posting of any unlawful, threatening,
abusive, defamatory, obscene or indecent information, or material of any kind
which violates or infringes upon the rights of any other person, including
without limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law.
g.
In no event do we accept
liability of any description including liability for negligence for any damages
whatsoever resulting from loss of use, data or profits arising out of, or in
connection with, the viewing, use or performance of our website or its
contents. The pages contained in this website may contain technical
inaccuracies and typographical errors. The information in these pages may be
updated from time to time and may at times be out of date. We accept neither
responsibility for keeping the information in these pages up to date, nor
liability for any failure to do so.
h.
We do not and cannot
guarantee that by placing a listing on the Hiizzy Platform, you will sell or
rent the property in question, and we do not commit to finding a buyer or
tenant for you. Our role is solely to provide a platform on which you can list
your property for sale or rent.
i.
To create your listing, we
may use certain third-party data, including but not limited to data supplied by
www.datastreet.co.uk. We will not be liable for the accuracy of any www.datastreet.co.uk
data that is included in or used to create your listing or for any loss or
damage you might suffer because of the inclusion or use of www.datastreet.co.uk
of data in your listing.
j.
If, on placing a listing,
you are successful in selling or renting your property, we will not be
connected in any way to that sale and will not be liable or responsible under
any contract for the sale or rental of your property which you might enter with
a third party.
k.
You agree that any questions
and complaints regarding a property advertised in your listing will be your
responsibility only and that we do not have any liability in this regard.
l.
We shall not be liable to
you for any delay in performing and/or any failure to perform our obligations
to you if the delay or failure is due to any event outside of our reasonable
control (including without limitation, any act of God, fire, flood, explosion,
storm, epidemic or natural disaster, strike, terrorist attack or threat of
terrorist attack, infrastructure failure or power failure, denial of service
attack, failure of public or private telecommunications networks).
m.
Nothing in these Terms
affects your legal rights.
17.
DATA PROTECTION AND
SECURITY
a.
We take security very
seriously and provide guidance on the Hiizzy Platform on steps you can take to
ensure your safety and security when selling your property. This information
can be found under our Security link.
b.
By submitting a listing to
us, you are giving us your permission, subject to our acceptance,
to allow
your listing to appear on all Hiizzy
Platforms, including desktop, mobile and tablet, and all third-party social
media platforms on which Hiizzy are active and other third-party partner sites.
This means that the listing and all information contained within it can
potentially be viewed by all persons with internet access throughout the world.
You consent to the publication of your data in this way.
c.
We use a customer
to customer messaging service to protect the privacy of our customers
.
This is not optional. By placing a listing with us, you acknowledge and agree
that your communication with persons viewing your listing will be via consent
to the use of our customer to customer messaging
service.
d.
You acknowledge and agree
that by placing a listing with us, you will provide us with, and we will
collect from you, certain personal data relating to you (e.g., name, address
and contact details). This personal data will be processed in accordance with our
Privacy Policy and may be used for several purposes (as further detailed in our
Privacy Policy) and which may include the prevention and detection of fraud,
assisting with police investigations and/or enquiries and/or complying with
statutory and regulatory obligations. Our Privacy Policy can be found on our
website, and we advise you to read it [INSERT LINK TO THE PRIVACY POLICY]
18.
INFORMATION ABOUT US AND HOW
TO CONTACT US
a.
Hiizzy is the trading name
of Hiizzy Enterprises Limited, a company registered in Jersey with registered
company number 145208 and whose registered office address is Hiizzy Enterprises
Limited, The Grange, La Rue du Craslin, St Peter, Jersey JE3 7YN. If you
wish to contact us in writing, you can do so by:
i.
e-mailing
[email protected]; or
ii.
Pre-paid Post or hand
delivery to Customer Services Hiizzy Enterprises Limited at its registered
office address.
b.
Please note that if we must
contact you or give you notice in writing, we may do so by e-mail, or by
pre-paid post to the address you provide to us at the time you placed the
listing.
19.
GENERAL
a.
We may transfer our rights
and obligations under these Terms to a third party and we will always notify
you in writing if this happens. This will not affect your rights or our
obligations under these Terms.
b.
Each of the paragraphs of
these Terms operates separately. If any court or relevant authority decides
that any of them or any part of them are unlawful, the remaining paragraphs or
parts will remain in full force and effect.
c.
If we fail to insist that
you perform any of your obligations under these Terms, or if we delay in doing
so, that will not mean that we have waived our rights against you and will not
mean that you do not have to comply with those obligations. If we do waive an
obligation by you, we will only do so in writing and that will not mean that we
will automatically waive any later default by you.
d.
These Terms as accepted form
a contract between you and us. No other person shall have any rights under the
Contracts (Rights of Third Parties) Act 1999 to enforce them.
e.
These Terms are governed and
construed by English law. This means that the contract formed between you and
us and any dispute or claim arising out of it will be governed by English law.
You and we both agree that the Courts of England and Wales will have
non-exclusive jurisdiction.