Undercover Octopus Terms and Conditions
This Website is for people that wish to use the Service of the Company and is operated by Undercover Octopus Limited (Company Registration Number: 07205773) whose registered office is at 15 Foster Avenue, Beeston, Nottingham, Nottinghamshire, NG9 1AE, United Kingdom and can be contacted at email@example.com.
1.1 "Account" means the account created on Registration by a Customer. The Customer is able to manage the Account in accordance with Clause 4.3 below.
1.2 "Advertisers" mean an individual or company representative who buys advertising space on this Website.
1.3 "Article" means an article to be drafted for the Customer which would be Uploaded to the Blog(s) in performance of the Service by the Company.
1.4 "Blog" means any blog in the Companyís network of blogs onto which the Article(s) is Uploaded by the Company.
1.5 "Company", "we", "our", "ours" or "its" means Undercover Octopus Limited.
1.6 "Content" means all text, articles, advertisements, scripts, personal information, professional information, miscellaneous information, documents, graphics, digital files, photographs, mobile content, sounds, music, audio files, visual files, audio-visual files, videos, interactive features contained on this Website.
1.7 "Customer" means any User who has Registered on this Website and uses the Service provided by the Company on this Website.
1.8 "Information" means the provision of the information by the Customer in placing an order for the Service in accordance with Clause 3.4.
1.9 "Intellectual Property Rights" or "IPRs" mean any copyright or rights of a similar nature, unregistered trade marks, registered trade marks, service marks, unregistered designs and registered designs, including the right to register any such rights.
1.10 "Parties" mean the User, the Customer or the Company.
1.11 "Payment" means the payment by the Customer upon submission of the order for the provision of the Service by the Company.
1.13 "Relevant" Transaction" means specifically the transaction as a result of which the liability arises under this Agreement;
1.14 "Register", "Registered", "Registering" or "Registration" means registration by the User to become a Customer.
1.15 "Service" means the drafting of an Article(s) and the Uploading of the Article(s) to the Blog(s) by the Company.
1.16 "Upload" or "Uploading" means uploading of an Article(s) to the Blog(s) by the Company.
1.17 "User", "you" or "your" means a user that browses the Website and has not yet Registered to become a Customer of this Website.
1.18 "Website" means the website with URL www.undercoveroctopus.com.
2 YOUR ACCEPTANCE
2.1 These Terms and Conditions are the legally binding terms and conditions on the User and/or the Customer in order for the User and/or the Customer to browse and/or use the Service provided on this Website respectively. The User and/or the Customer browsing and/or using this Website respectively are bound by the following:
2.1.1 The Terms and Conditions found at www.undercoveroctopus.com/terms_and_conditions; and
2.2 The Customer will be required to accept these Terms and Conditions upon completion of the Registration process, thereby forming a valid contract with the Company.
2.3 Only the User and/or the Customer that is permitted under the laws of the jurisdiction in which they access the Website shall be permitted to accept these Terms & Conditions and continue browsing and/or using this Website.
User and Customer
2.5 The User and/or the Customer affirm that the User and/or the Customer are over 16 years of age (or the legal age to accept these Terms and Conditions in the jurisdiction in which the User and/or the Customer browse or use this Website). Any User under the age of 16 (or the legal age to accept these Terms and Conditions in the jurisdiction from which the User browses this Website) that wishes to Register on this Website must have permission from a parent or legal guardian to be able to fully and competently enter into the conditions, obligations, affirmations and warranties set out in these Terms and Conditions. Any User under the age of 14 will not be permitted to Register on this Website. The User must at all times be honest about the Userís age when registering. If it is proved that the User has given false information in order to Register and use this Website, that User and/or Customer will be barred for life from Registering on this Website.
3 USE OF WEBSITE
3.1 This Website contains a Registration process in order for the User to become a Customer and use this Website.
3.2 Once the User Registers and becomes a Customer, the Customer may submit an order for the Company to carry out the Service.
3.3 The Customer will have to make Payment upon completion of the submission of the order for the Company to carry out the Service.
3.4 In submitting an order for the Company to carry out the Service, the Customer must submit the following Information:
3.4.1 The title for the Article(s);
3.4.2 The anchor text for the Article(s);
3.4.3 An outline of the subject matter of the Article(s); and
3.4.4 Any links to be included in the Article(s).
3.5 All prices are displayed in USD.
3.6 Payment is accepted by via Paypal. Paypal accepts payment using the following cards: VISA, VISA ELECTRON, SWITCH, MEASTRO, SOLO, MASTERCARD and AMERICAN EXPRESS. Paypal also accepts payments by direct debit. The Company does not at any material time have access to the Customerís payment details.
3.7 Once the Customer has made the Payment, the Company will commence the provision of the Service.
3.8 The Customer will be required to make the Payment prior to the Company commencing the provision of the Service. For the avoidance of doubt, in the event that the Company does not receive Payment, the Company will not carry out the Service and the Service will not be performed i.e. the Article(s) will not be drafted and/or Uploaded to the Blog(s) by the Company. Furthermore, in the event that the Article(s) has already been drafted and Uploaded to the Blog(s), and Payment is not received by the Company, the Article(s) will be removed from the Blog(s) and the Customer will be liable to pay for the cost of the Article(s).
3.9 The User warrants, represents and undertakes that the information provided upon Registration is true, accurate and complete to the best of the Userís knowledge.
3.11 For the avoidance of doubt, no legal relationship shall exist between the Customer and the Company until the Customer makes Payment and the Service commences.
3.12 The Customer agrees that once the Customer places an order for the Service and makes Payment, the Service commences immediately. For the avoidance of doubt, in the event that the Customer cancels the order for the provision of the Service, the Customer shall not be entitled to a refund for any order for the provision of the Service once Payment is made.
3.13 The Customer agrees that the provision of the Service begins prior to the expiration of the standard 7 day cooling off period as provided for in the Consumer Protection (Distance Selling) Regulations 2000, and accordingly the Customer is not entitled to a refund as agreed in Clause 3.12.
4.1 When the User is asked to Register on this Website to become the Customer, the User will be required to enter first names, last names, an e-mail addresses, username, password, company name, company URL, postal address, phone number and organisation type (where appropriate). The Company will restrict the use of vulgar, inappropriate and offensive names as part of the Registration.
4.2 Once Registration is complete, the Customer must keep the username and password secure and confidential.
4.3 Once Registration is complete, the Customer will have to log onto this Website in order to use this Website for the provision of the Service. Once the Customer has logged onto the Website, the Customer may use this Website to:
4.3.1 Place an order for the provision of the Service;
4.3.2 Change own password;
4.3.3 Retrieve own password;
4.3.4 Change security question;
4.3.5 Edit own personal details; or
4.3.6 Request account deactivation.
5 GENERAL POINTS FOR CUSTOMERS
5.1 In the event that the Customer becomes aware of any unauthorised access to the Customerís Account, the Customer must notify the Company immediately by sending an e-mail to: firstname.lastname@example.org.
5.2 The Customer will be solely accountable to the Company for all activities taking place in connection with the Customerís Account.
5.3 The Customer will not be entitled to use another Customerís Account without permission.
5.5 The Company will not be liable to Customer for any loss incurred by Customer as a result of unauthorised use of the Customerís Account. The Customer may be liable to the Company for any loss incurred by the Company due to such unauthorised use of the Customerís Account.
5.6 The Company shall not be liable to the Customer for any loss incurred by the Customer for the use of any Information provided to the Company when the Customer places an order for the provision of the Service.
6 COMPANY'S OBLIGATIONS
6.1 The Company is responsible for the provision of the Service on this Website with care and professionalism.
6.2 Any changes to these Terms and Conditions shall be communicated to the User and/or the Customer in accordance with Clause 2.4 above.
6.3 The Company shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to this Website, data and data files, including any back up material.
6.4 For the avoidance of doubt, the Company gives no warranties as to the Service or the suitability of the Service for a particular purpose. The Company shall not be liable in anyway whatsoever in the event that the Customer does not deem the Service to be beneficial.
6.5 The Company is not responsible for any Search Engine Optimisation in respect of the Article(s).
6.6 The Company will not perform any keyword research on behalf of the Customer to determine the best possible keywords and/or keyphrases pertaining to the Customerís area of business in respect of the Article(s) including:
6.6.1 Researching keywords and phrases to select the most appropriate, relevant search terms;
6.6.2 Editing web pages and html tags as is necessary prior to submission to selected search engines or directories;
6.6.3 Hand-submitting the Article(s) to any search engines or directories;
6.6.4 Creating additional web pages for the purpose of ďcatchingĒ keywords an/or key phrase searches in respect of the Article(s); or
6.6.5 Creating positioning reports for the Article(s) and any associated pages showing rankings in any search engines or directories and the accompanying keywords and/or key phrases.
6.7 The Company makes no warranty or representation as to the timeframe in which the Article(s) will be drafted and/or Uploaded to the Blog(s). However, for the avoidance of doubt, Article(s) may typically take approximately one week to draft.
6.8 For the avoidance of doubt, the Article(s) shall be Uploaded to the Blog(s) at the absolute discretion of the Company.
6.9 The Company makes no warranty or representation that the Article(s) will remain visible towards the top of the Blog(s) for any period of time whatsoever.
6.10 The Company will notify the Customer by e-mail once the Article(s) has been Uploaded to the Blog(s). However, the Company makes no warranty or representation that the Customer shall receive such e-mail in the event such e-mail fails to deliver for any reason whatsoever.
6.11 Upon the Article(s) being Uploaded to the Blog(s), the Customer will be able to access the Customerís Account to review the Customerís order history displaying the Articles that have been purchased to date. The Customerís order history will provide the Customer with links to the Articles(s) that have been uploaded to the Blog(s).
7 GENERAL USE OF THE WEBSITE, PERMISSIONS AND RESTRICTIONS
7.1 The Company grants the Customer permission to use this Website provided that:
7.1.1 The Customer acts responsibly in using this Website;
7.1.2 The Customer does not alter or modify any part of this Website, including any related technologies; and
7.1.3 The Customer does not use this Website through any unauthorised means or technology.
7.2 The Customer must not impersonate another personís identity or misrepresent the Customerís own identity or affiliation including using anotherís personal details, password, account name, e-mail address or other such information held as part of the Customerís Account.
7.3 The Customer must not provide any titles to the Company that are already in existence and owned by a third party and all Information provided by the Customer must be original.
7.4 For the avoidance of doubt, the Advertisers are able to buy advertising space on this Website in respect of commercial activity by contacting email@example.com.
8 BROWSING AND USE OF CONTENT ON THE WEBSITE
8.1 The following restrictions and conditions apply directly to the User and/or the Customer in respect of browsing Content and/or using the Service on this Website respectively:
8.1.1 The Company owns all Content on this Website including, but not limited to, the text, software, scripts, graphics, photos;
8.1.2 The User and/or the Customer are prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content on this Website whatsoever without the prior written consent of the Company. The Company is not responsible for the websites to which the Company is linked via the Website (except the Blog(s)) and does not assume any affiliation with any other websites or blogs unless otherwise stated; and
8.1.3 The User and/or the Customer is prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting the Article(s) on the Blog(s), the IPRs in which remain vested in the Company in accordance with Clause 9.1. For the avoidance of doubt, no licence is granted to the User and/or the Customer in connection with the use, reproduction, distribution and/or exploitation of the Articles.
9 OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
9.1 This Website and any and all IPRs arising out of and/or in connection with the Website and Content and all IPRs arising out of and/or in connection with the Article(s) are owned by the Company save in respect of any IPRs belonging to any licensor, Advertisers, partners, investors or sponsors of this Website.
9.2 The Advertisers grant the Company the right to display, broadcast, use and to reproduce the advertisements contained on this Website.
9.3 For the avoidance of doubt, all IPRs arising out of and/or in connection with the advertisements are owned by the Advertisers.
10 USE OF INFORMATION
10.1 The Customer agrees, represents and warrants with the Company that:
10.1.1 All Information provided by the Customer to the Company is original.
10.1.2 The Customer has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable the Company and its successors or assigns to display, broadcast, use, disseminate or distribute the Information in providing the Service in connection with this Website; and
10.1.3 The Customer will be solely responsible for the content of the Information provided by the Customer to the Company and for any consequential losses including any loss of profit or loss of business by the Company that may arise from the provision of the Information by the Customer. The Company shall not be liable to the Customer, or person claiming through any Customer for any disclosure or exploitation of the Information.
10.2 Prohibited Information. The Customer will not provide any Information to the Company which may violate any third partyís or the Companyís Intellectual Property Rights, which may violate the laws of the United Kingdom or which is lewd, offensive, defamatory, harassing, derogatory or otherwise objectionable.
10.3 Licence, Representation and Warranty. By providing the Information to the Company, the Customer hereby grants to the Company an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence and transferable licence to use, reproduce, distribute any and all of the Information in connection with the provision of the Service by the Company and its successorsí business or assigns, including without limitation, for promoting and redistributing part or all of this Website and/or Blog(s) in any format without any requirement of prior permission from the Customer. The Customer hereby grants to each User of this Website a non-exclusive licence to access any Information contained in any Article(s) through this Website and/or Blog(s). The foregoing licence granted by the Customer will terminate in the event the Company removes or deletes the Article(s) from the Blog(s).
10.4 Removal Right. The Company is under no obligation to any User and/or Customer and therefore may refuse to remove any Content from this Website.
11 TERMINATION RIGHT
11.1 The licences granted by the Customer in Clause 10.3 above, will terminate when the Company removes or deletes the Article(s) from the Blog(s). In the event that the Customer elects to terminate the Customerís legal agreement with the Company under these Terms and Conditions, the above licences granted by the Customer in respect of Information contained in Article(s) that are NOT removed or deleted by the Company prior to the Customer closing the Account are perpetual and irrevocable.
12 DISCLAIMER OF ARTICLES AND ADVERTISEMENTS
12.1 The Company does not endorse the content of any Article(s) Uploaded to the Blog(s) and expressly excludes any and all liability in connection with the Uploading of such Article(s).
12.2 The Company does not endorse the content of any advertisements on this Website and expressly excludes any and all liability in connection with such advertisements.
13 LIMITATION OF LIABILITY
13.1 Nothing in these Terms and Conditions shall exclude or in any way limit the Companyís liability for fraud, or for death or personal injury caused directly by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. Subject to this:
13.1.1 The Companyís maximum aggregate liability under or in connection with the Advertisers under these Terms and Conditions, whether in contract, tort or otherwise, will in no circumstances exceed the maximum sum paid in any single transaction by the Advertisers to the Company;
13.1.2 The Companyís maximum aggregate liability under or in connection with the Customer under these Terms and Conditions, whether in contract, tort or otherwise, will in no circumstances exceed the maximum sum paid in the Relevant Transaction by the Customer to the Company;
13.1.3 The Company will under no circumstances whatsoever be liable (to the extent permitted by law) to the User under these Terms and Conditions as the User is browsing this Website at the Userís own risk; and
13.1.4 The Company will not be liable to the User and/or Customer under these Terms and Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known, to the extent permitted by law.
13.2 The Company will not be liable to the Advertisers for any loss incurred by the Advertisers as a result of unauthorised use of any advertisement on this Website.
13.3 For the avoidance of doubt, in the event that links from Articles on the Blog(s) to a Customerís website(s), and/or third party website(s) designated by the Customer causes the Customerís website(s) and/or third partyís website(s) or blog(s) to be banned or penalised by any search engine, the Company will not be liable under any circumstances whatsoever (to the extent permitted by law) to the Customer or third party. For the avoidance of doubt, the Company will not be liable to the Customer or third party for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known, to the extent permitted by law.
14.1 Under no circumstances shall the Company, its officers, directors, employees, or agents be liable to the Parties in the event that any Information utilised in the drafting of the Article(s) and Uploaded on the Blog(s) and/or advertisements on this Website are held to infringe any third partyís Intellectual Property Rights.
14.2 The Company, its officers, directors, employees, or agents neither make nor give any representations or warranties to the Customer and/or Advertisers express or implied as to the quality, suitability or authenticity of any Article(s) and/or advertisements on this Website respectively.
14.3 Under no circumstances shall the Company, its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
15 COMPLAINTS PROCEDURES
15.1.1 The nature of the right infringed or violated (including the registration numbers of any registered trade marks or patents allegedly infringed);
15.1.2 All facts which may lead the User and/or Customer to believe that a right has been violated or infringed;
15.1.3 The precise location where the offending Article(s) and/or advertisement is located; and
15.1.4 Any grounds on which the Article(s) and/or advertisement was not authorised or does not have a valid defence (including the defence of fair use).
15.2 We reserve the right, but have no obligation to remove the Article(s) from the Blog(s) and/or advertisement from this Website except where we are obligated under the law and reserve the right to remove any Article and/or advertisement, whenever, and for no reason whatsoever.
16.1 The Parties agree to indemnify and keep the Company indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Parties use of this Website.
16.3 Subject to Clauses 16.1 and 16.2, the User and/or Customer agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against all claims which may be asserted against the Company, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
16.3.1 The User and/or Customerís browsing of and/or use of this Website; and
16.3.2 Any User and/or Customerís violations of these Terms and Conditions.
17 DATA PROTECTION AND CONFIDENTIALITY
17.1 The Company has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 (as amended) and will comply with its provisions.
17.3 The Parties data used by the Company will be stored in a database in accordance with the provisions of the Data Protection Act 1998.
18 LINKS TO THIRD PARTY WEBSITES
18.1 This Website provides links to other third party sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of the Company, and by continuing to browse and/or use this Website the User and/or the Customer acknowledge and agree that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by the Company or any association with their operators.
18.2 By browsing a third party website, the User and/or Customer expressly relieve the Company of any and all liabilities arising out of or in connection with such activities.
18.3 The User and/or Customer acknowledge and agree that the Company is not responsible for the availability of any third party sites. Furthermore, the Company does not endorse any advertising, products or other information available from any third party sites.
18.4 The User and/or Customer acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by the User and/or the Customer as a result of the availability of any third party sites, or as a result of any reliance placed by the User and/or Customer on the completeness or accuracy of any advertising, products or other information available from any third party sites.
19 SITE AVAILABILITY
19.1 The Company will endeavour to have this Website and/or Blog(s) running efficiently and accessible at all times. However, the Parties will be notified on the homepage of this Website and the respective Blog(s) of any times when the Website and/or Blog(s) may be unavailable due to scheduled maintenance work.
19.2 The Company will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
19.3 Neither the Company nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Websiteís availability or to the Blog(s)í availability may occur due to causes beyond the control of the Company, such as system malfunction or failures of third parties. In these circumstances, the Company will use its reasonable endeavours to restore the Website and/or Blog(s) as soon as reasonably practicable.
20.1 These Terms and Conditions will apply until terminated by either the User and/or the Customer or the Company in accordance with Clauses 20.2 or 20.3 below.
20.2 In the event that the Customer wishes to terminate the contract with the Company, the Customer may do so at any time by notifying the Company and closing the Customerís Account. The Customerís notice should be sent via e-mail to firstname.lastname@example.org.
20.3 The Company may terminate the contract with either one of the Parties or immediately if:
20.3.2 The Company is required to do so by law;
20.3.3 The Company elects to terminate access to this Website to the User and/or the Customer situated in the country in which the User and/or the Customer is resident or from the country which the User and/or the Customer may wish to browse or use this Website;
20.3.4 The Customer provides any unlawful or offensive Information to the Company or any Information containing any libellous statements;
20.3.5 The User and/or the Customer is found to be manipulating this Website in any way including, but not limited to, hacking, using Trojan programmes, attempting to launch automated systems, spiders or offline readers;
20.3.6 The User and/or the Customer attempts to harvest personal information located on this Website;
20.3.7 The User and/or the Customer browse or use the Website for non-agreed commercial purposes; or
20.3.8 THE USER AND/OR CUSTOMER EXHIBITS ANY OTHER UNREASONABLE BEHAVIOUR THAT THREATENS THIS WEBSITE.
20.4 For the avoidance of doubt, termination in accordance with Clause 21.3.1 by the Company may result in legal action being brought against the Customer.
20.5 Upon termination, all of the legal rights, obligations and liabilities that the Parties and the Company have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of Clauses 10, 14, 16, 17 and 18 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.
21 WEBSITE DISCLAIMER
21.1 THE COMPANY MAKES NO REPRESENTATIONS THAT CONTENT AND/OR ADVERTISEMENTS ON THIS WEBSITE ARE APPROPRIATE IN LOCATIONS OUTSIDE THE UNITED KINGDOM, AND ACCESSING THEM FROM TERRITORIES WHERE SUCH CONTENT AND/OR ADVERTISEMENTS ARE ILLEGAL IS PROHIBITED. USERS AND/OR CUSTOMERS OF THIS WEBSITE WHO CHOOSE TO BROWSE AND/OR USE THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE DOMESTIC LAWS.
21.2 THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF CONTENT. THIS WEBSITE IS MADE AVAILABLE TO USERS AND/OR CUSTOMERS ďAS ISĒ WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT AND/OR ADVERTISEMENTS ON THIS WEBSITE AND THE PROVISION OF THE SERVICE.
21.3 THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY ADVICE GIVEN BY THE COMPANY AND/OR ANY THIRD PARTIES ON THIS WEBSITE, WHETHER GENERAL OR SPECIFIC, AND THE USERS AND/OR CUSTOMERS AGREE TO INDEMNIFY THE COMPANY IN ACCORDANCE WITH CLAUSES 16.1, 16.2 AND 16.3 IN RESPECT OF ANY ACTIONS OR CLAIMS AGAINST THE COMPANY ARISING IN ACCORDANCE WITH THIS CLAUSE.
22 ENTIRE AGREEMENT AND SEVARABILITY
22.2 If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the Parties breach these Terms and Conditions and we take no action against the Parties, we will not be considered to have given up our rights to pursue in relation to the alleged or actual breach according to these Terms and Conditions.
23 FORCE MAJEURE
23.1 The Company shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
23.1.1 Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
23.1.2 War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
23.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
24 RIGHTS OF THIRD PARTIES
24.1 Notwithstanding any other provision in these Terms and Conditions a person who is not a Party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions. Nothing in this Agreement shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
25 JURISDICTION AND CHOICE OF LAW
25.1 These Terms and Conditions shall be governed by the laws of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the English courts. The Parties accept that nothing in this clause shall prevent the Company from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.
Date of latest amendment: 1st August 2010