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Terms and Conditions

Please read these terms and conditions (“Terms”) carefully before using the Service (defined below): they contain important information about your rights and obligations. In particular, your attention is drawn to clause 13 (Limitation of Liability).

By accessing or using the Service and by clicking to indicate you have read and agreed these Terms as part of the order process, you agree:

  1. to be legally bound by these Terms governing the use of the online Service; and
  2. that if you are entering into these Terms (defined below) on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not have such authority, or if you do not agree with these Terms, you must not complete the order, and you may not use the Service.

1. Interpretation

1.1 The definitions and rules of interpretation in this clause apply in these Terms.

Authorised Users: those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services and the Documentation.

BidCops: Is a trading name of Clickthrough Marketing Limited, a company registered in England and Wales with number 05017043, whose registered office is at Charter House, Sandford Street, Lichfield, United Kingdom, WS13 6QA.

Business Day: any day which is not a Saturday, Sunday or public holiday in the UK.

Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 11.

Customer: the person whose details are set out in the Sign up Section.

Customer Data: the data inputted by the Customer, Authorised Users, or BidCops on the Customer's behalf for the purpose of using the Services or facilitating the Customer’s use of the Services.

Documentation: any documents made available to the Customer by BidCops online via the Website and relating to the Services.

Effective Date: the date that the Customer starts using the Services.

Normal Business Hours: 9.00 am to 5.00 pm local UK time, each Business Day.

Report: any report produced by BidCops from time to time as a result of a provision of the Services.

Services: the subscription services provided by BidCops to the Customer under these Terms via the Website (including provision of Reports), as more particularly described on the Website.

Sign up Section: means that section of the Website which sets out specific details relating to the use of the Services including but without limitation details of the Customer.

Software: the online software applications provided by BidCops as part of the Services.

Subscription Term: commencing on the Effective Date and ending on termination of the provision of the Services.

Support Services Policy: BidCops’ policy for providing support in relation to the Services as made available at the Website.

Terms: these terms and conditions.

Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Website: bidcops.com or such other web address notified by BidCops to the Customer from time to time which sets out a description of the Services and used instructions for the Services. 

1.2 Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.  A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.  A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.  Words in the singular shall include the plural and vice versa.  A reference to one gender shall include a reference to the other genders.  A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.  A reference to writing or written includes faxes, letters and not e-mail.  References to clauses are to the clauses of these Terms.

2. Incorporation of terms and variation to the Terms

2.1 The Website is owned and operated by BidCops. These Terms are deemed to incorporate BidCops Privacy and Cookie Policy Use Information https://bidcops.com/privacy.php which you should read with these Terms.

2.2 The Customer’s use of the Website and and/or purchase of the Services however accessed are at all times subject to these Terms (which forms a legally binding contract between the Customer and BidCops) and all applicable laws.

2.3 By accessing or using the Service and by clicking to indicate the Customer has read and agreed these Terms as part of the order process, the Customer agrees:

  1. to be legally bound by these Terms governing the use of the online Service; and
  2. that if it is entering into these Terms on behalf of a company or other legal entity, it represents that it has the authority to bind such entity to these Terms. 

If the Customer does not have such authority, or if the Customer does not agree with these Terms, the Customer must not complete the order, and may not use the Service.

2.4 BidCops reserves the right, from time to time, with or without notice to the Customer, to change these Terms at its sole discretion. The Terms applicable to the Customer’s access to and use of the Service will be the version that is current and displayed on the Website as at each date you access the Website or use and/or purchase the Services (as applicable). The Customer’s use of the Website or its use and/or purchase of Services after changes are made means that the Customer agree to be bound by such changes.

2.5 BidCops reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. The Customer agrees that BidCops shall not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the Services.

2.6 From time to time, BidCops may add new features to the Services that are described as “beta” (“Beta Features”). The Customer acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Services. If the Customer elects to use a Beta Feature, it does so at its own risk. Notwithstanding anything else in these Terms to the contrary, BidCops does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running software and/or hardware. Beta Features will be considered part of the Services and all provisions of these Terms relating to the Services will apply to the Beta Features.

3. Subscription to BidCops

3.1 Subject to the restrictions set out in this clause 3 and the other terms and conditions of these Terms, BidCops hereby grants to the Customer a non-exclusive, non-transferable right to use the Services and the Documentation during the Subscription Term solely for the Customer's business operations.

3.2 The Customer undertakes that:

  1. the maximum number of Authorised Users that it authorises to access and use the Services shall not exceed the number of Authorised Users set out in the Sign up Section;
  2. each Authorised User shall keep a secure password for his use of the Services and Documentation and that each Authorised User shall keep his password confidential.

3.3 The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d)  promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (f) in a manner that is otherwise illegal or causes damage or injury to any person or property; and BidCops reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer’s access to any material that breaches the provisions of this clause.

3.4 The Customer shall not:

  1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
    1. and except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
    2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
  2. access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or
  3. use the Services and/or Documentation to provide services to third parties except with the prior written consent of that third party; or
  4. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise make the Services and/or Documentation available to any third party except the Authorised Users, or
  5. attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 3.

3.5 The Customer shall:

  1. follow all reasonable instructions of BidCops from time to time including but without limitation in connection with the use of the Service;
  2. comply with the Documentation including any restrictions, conditions and/or limitations to the Services set out in the Documentation (including but without limitation the maximum number of Reports that can be created in any relevant period);
  3. use reasonable endeavours to ensure that all Customer Data is at all times up to date and accurate;
  4. not engage in any conduct which in the reasonable opinion of BidCops is prejudicial to the business and/or goodwill of BidCops; and
  5. use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify BidCops.

3.6 The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify BidCops.

4. Services

4.1 BidCops shall, during the Subscription Term, use reasonable endeavours to provide the Services on and subject to the terms of these Terms provided always that BidCops may change, suspend, or discontinue all or part of the Services at any time, with or without reason. 

4.2 The Customer acknowledges that the operation of the Service is reliant upon cooperation from third parties such as Google AdWords API and the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and BidCops shall not be responsible to the Customer or any other party for any such interruptions, errors or problems or an outright discontinuance of the Service. 

4.3 BidCops has no obligation to continue producing or releasing new versions of the Service.

4.4 Subject always to Clause 4.1, BidCops shall use reasonable endeavours to keep the Services operational and available 24 hours a day, seven days a week, except for:

  1. planned maintenance of which BidCops shall use reasonable endeavours to provide prior notice; and
  2. unavailability of the Services caused by circumstances beyond BidCops’ control included but not limited to, issues with third party providers (including but without limitation the Google AdWords API) acts of God, act of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or internet service provider failures or delays.

4.5 BidCops will, as part of the Services and at no additional cost to the Customer, provide the Customer with the Supplier’s standard customer support services during Normal Business Hours in accordance with the Supplier's Support Services Policy in effect at the time that the Services are provided.  The Supplier may amend the Support Services Policy in its sole and absolute discretion from time to time.  The Customer may purchase enhanced support services separately at the Supplier’s then current rates.

5. Customer data

5.1 BidCops shall, in providing the Services, comply with its Privacy Policy relating to the privacy and security of the Customer Data (available at the Website as such document may be amended from time to time by BidCops in its sole discretion) which includes the terms on which BidCops can use Customer Data for marketing purposes.

5.2 The Customer shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.

5.3 If BidCops processes any personal data on the Customer’s behalf when performing its obligations under these Terms, the parties record their intention that the Customer shall be the data controller and BidCops shall be a data processor and in any such case: (a) the Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer and the Customer are located in order to carry out the Services and BidCops’ other obligations under these Terms; (b) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to BidCops so that BidCops may lawfully use, process and transfer the personal data in accordance with these Terms on the Customer's behalf; (c) the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; (d) BidCops shall process the personal data only in accordance with the terms of these Terms and any lawful instructions reasonably given by the Customer from time to time; and (e) each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.

6. Third party providers

The Customer acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk.  BidCops makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the Customer, with any such third party.  Any contract entered into and any transaction completed via any third-party website is between the Customer and the relevant third party, and not BidCops.  BidCops recommends that the Customer refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website.  BidCops does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.

7. Disclaimer

7.1 BidCops:

  1. Shall not in any event have any liability to the Customer as a result of the performance of the Services which is caused by use of the Services contrary to BidCops' instructions, or modification or alteration of the Services by any party other than BidCops or BidCops' duly authorised contractors or agents;
  2. does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
  3. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

7.2 These Terms shall not prevent BidCops from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms.

8. Customer's obligations

The Customer shall:

  1. provide BidCops with:
    1. all necessary co-operation in relation to these Terms; and
    2. all necessary access to such information as may be required by BidCops including a valid email address and for the Customer to complete a simple sign up process,
    in order to provide the Services, including but not limited to Customer Data, security access information and configuration services;
  2. ensure that it has an active Google AdWords account.  The Customer is responsible for maintaining the confidentiality of its Google AdWords account and password and for restricting access to its systems;
  3. comply with all applicable laws and regulations with respect to its activities under these Terms;
  4. ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of these Terms and shall be responsible for any Authorised User’s breach of these Terms;
  5. obtain and shall maintain all necessary licences, consents, and permissions necessary for BidCops, its contractors and agents to perform their obligations under these Terms, including without limitation the Services; and
  6. ensure that its network and systems comply with the relevant specifications provided by BidCops from time to time.

9. Charges and Payment

9.1 BidCops offers this service free of charge.

9.7 BidCops shall be entitled to charge a Subscription Fee upon 30 days' prior notice to the Customer and the Subscription Fee shall be deemed to have been amended accordingly.  If the Customer does not agree to the change, it may cancel its subscription to the Services using the procedure set out on the Website. 

10. Proprietary rights

10.1 The Customer acknowledges and agrees that BidCops and/or its licensors own all intellectual property rights on all materials (including software and content whether downloaded or not) contained on the Website, in the Services and the Documentation. Except as expressly stated herein, these Terms does not grant the Customer any rights to, or in, patents, copyrights, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.

10.2 BidCops confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of these Terms.

11. Confidentiality

11.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Terms.  A party's Confidential Information shall not be deemed to include information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the other party's lawful possession before the disclosure; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (d) is independently developed by the receiving party, which independent development can be shown by written evidence; or (e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

11.2 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of these Terms. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of these Terms.

11.3 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.

11.4 This clause 11 shall survive termination of these Terms, however arising.

12. Indemnity

12.1 The Customer shall defend, indemnify and hold harmless BidCops against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with (A) the Customer's use of the Services and/or Documentation, and/or (B) the Customers breach of these Terms; and/or (C) any claim made by a third party against BidCops resulting from the acts or omissions of the Customer including but without limitation as a result of the Customer’s unauthorised use of the third parties Google AdWords account details and/or passwords. 

12.2 BidCops shall, subject to Clause 12.5, defend the Customer, its officers, directors and employees against any claim that the Services or Documentation infringes any United Kingdom patent effective as of the Effective Date, copyright, trade mark, database right or right of confidentiality, and shall indemnify the Customer for any amounts awarded against the Customer in judgment or settlement of such claims, provided that:

  1. BidCops is given prompt notice of any such claim;
  2. the Customer provides reasonable co-operation to BidCops in the defence and settlement of such claim, at BidCops' expense; and
  3. BidCops is given sole authority to defend or settle the claim.

12.3 In the defence or settlement of any claim, BidCops may procure the right for the Customer to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate these Terms on 5 Business Days’ notice to the Customer without any additional liability or obligation to pay liquidated damages or other additional costs to the Customer.

12.4 In no event shall BidCops, its employees, agents and sub-contractors be liable to the Customer to the extent that the alleged infringement is based on: (a) a modification of the Services or Documentation by anyone other than BidCops; or (b) the Customer's use of the Services or Documentation in a manner contrary to the instructions given to the Customer by BidCops; or (c) the Customer's use of the Services or Documentation after notice of the alleged or actual infringement from BidCops or any appropriate authority.

12.5 The foregoing  states the Customer's sole and exclusive rights and remedies, and BidCops' (including BidCops’ employees', agents' and sub-contractors’) entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.

13. Limitation of liability

13.1 This clause 13 sets out the entire financial liability of BidCops (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer:

  1. arising under or in connection with these Terms;
  2. in respect of any use made by the Customer of the Services and Documentation or any part of them; and
  3. in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

13.2 Except as expressly and specifically provided in these Terms:

  1. the Customer assumes sole responsibility for results obtained from the use of the Services (including any support provided in accordance with the Support Services Policy and the content of any Reports) and the Documentation by the Customer, and for conclusions drawn from such use BidCops shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to BidCops by the Customer in connection with the Services, or any actions taken by BidCops at the Customer's direction;
  2. the content of the Reports is for informational purposes and is not intended to replace or substitute any professional advise on how to maximise benefits for the business of the Customer,  Accordingly, if the Customer has specific concerns the Customer is advised to consult BidCops specifically as BidCops does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Reports, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made within the Reports. Under no circumstances will BidCops be responsible for any loss or damage resulting from your reliance on information or other content within any Report and/or any support services provided under these Terms;
  3. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and
  4. the Services and the Documentation are provided to the Customer on an "as is" basis.

13.3 Nothing in these Terms excludes the liability of BidCops:

  1. for death or personal injury caused by BidCops' negligence; or
  2. for fraud or fraudulent misrepresentation.

13.4 Subject to clause 13.2 and clause 13.3:

  1. BidCops shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms including but without limitation for: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party relating to the Services; or (v) any content posted on the Website; or (vi) any inaccurate or out-of-date content produced within the Report; or (vii) any errors within the Report as a result of the Report being in a language other than the English language; and
  2. BidCops' total aggregate liability in contract (including in respect of the indemnity at clause 12.2), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited the total Subscription Fees paid by the Customer during the 12 months immediately preceding the date on which the claim arose.

14. Term and termination

14.1 These Terms shall, unless otherwise terminated as provided in these Terms, commence on the Effective Date and shall continue indefinitely, unless (subject to clause 14.2) either party terminates at any time by cancelling.  The Customer may cancel at any time as specified on the Website, and BidCops may cancel at any time on giving the Customer written notice by email at the address set out on the Sign up Page. 

14.2 If these Terms are terminated for whatever reason, the Customer shall not be entitled to any refund of any Subscription Fees paid by the Customer in advance.

14.3 On termination of these Terms for any reason:

  1. all licences granted under these Terms shall immediately terminate;
  2. each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party;
  3. BidCops may destroy or otherwise dispose of any of the Customer Data in its possession; and
  4. the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.

15. About BidCops

15.1 BidCops is a trading name of ClickThrough Marketing Limited a company registered in England and Wales with number 05017043 whose registered office is at Charter House, Sandford Street, Lichfield, United Kingdom, WS13 6QA. Its registered VAT number is 829 9002 13.

15.2 If the Customer has any questions or complaints, please contact BidCops. The Customer can contact BidCops by telephoning its customer service team at (+1) 646-513-2702 or (UK) 0844 802 6243 or by e-mailing BidCops at support@bidcops.com.

15.3 If you wish to contact BidCops in writing, or if any clause in these Terms requires you to give BidCops notice in writing, you can send this to BidCops by e-mail to support@bidcops.com, by hand, or by pre-paid post to ClickThrough Marketing Limited at Charter House, Sandford Street, Lichfield, WS13 6QA. BidCops will confirm receipt of this by contacting the Customer in writing. If BidCops has to contact the Customer or give you notice in writing, it will do so by e-mail.

16. General

16.1 BidCops shall have no liability to the Customer under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of BidCops or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

16.2 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

16.3 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.

16.4 If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

16.5 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

16.6 These Terms, and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

16.7 Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.

16.8 The Customer shall not, without the prior written consent of BidCops, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

16.9 BidCops may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

16.10 Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

16.11 These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

16.12 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).

16.13 These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England.

16.14 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).


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