PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE
What’s in these terms?
These terms tell you the rules for using our websites www.yourpaperquest.com / www.yourpaperquest.co.uk (our Site) how to use them, and also how to buy goods and services from us as set out below.
Who we are and how to contact us
www.yourpaperquest.com (“the Site” / “our Site”) is a Site operated by Your Paper Quest Limited & Your Paper Quest LLC (“we”, “us”). We are registered in England and Wales under Company Number 014554654 and have our registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. We are also registered in the US under Company Number 2242444-91, 2603 Ridgemont Drive, Eugene, Oregon, 97405, United States of America Our main trading address is our registered office address.
We are a limited company.
To contact us, please email ryan@yourpaperquest.co.uk or ryan@yourpaperquest.com
By using our Site you accept these terms
By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our Site.
We recommend that you print a copy of these terms for future reference.
The Site allows you to purchase our monthly book Subscription via www.yourpaperquest.com and be invited to join our book club via our Forum.
For the purposes of our Site, and all or any terms of supply of services and use of our Site, the following shall have the following meanings:
Author: the author of the Uploaded Material;
Copyright: all copyright and rights in the nature of copyright subsisting of the Work in any part of the world to which the you are, or may become, entitled.
Forum: the interactive book club that we have established and organised for the purposes of discussing and commenting upon the Subscription, the use of which is governed by these terms and conditions, as well as our acceptable use, and privacy policies.
Uploaded Material: the works featured in our monthly book Subscription, pursuant to these terms and conditions of use on our Site in whatever form being paper, electronic, digital, whether or not you have Copyright in such material.
Work: the work of the Author, being the Uploaded Material.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our Site:
- Our Privacy Policy can be found elsewhere on our Site. See further under “How we may use your personal information”.
- Our Acceptable Use Policy which can be found elsewhere on our Site, sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy which can be found elsewhere on our Site, which sets out information about the cookies on our Site.
If you purchase goods or services, from our Site as appropriate, our Terms and conditions of supply will apply to the sales.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our Site is only for users in the UK
Our Site is directed to people residing in the United Kingdom and United States of America. We do not represent that content available on or through our Site are appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ryan@yourpaperquest.co.uk or ryan@yourpaperquest.com
How you may use the Uploaded Material and general uploaded materials on our Site and in our Forum
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it, save where specifically varied by these terms or a publishing contract with a user, being user-generated Uploaded Material on www.yourpaperquest.com / www.yourpaperquest.co.uk. Those works, and all other materials on our Site, are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of):
- Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790) and Section 107 of the Copyright Act of 1976.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Our Site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the United Kingdom (a Permitted Territory) and the United States of America (and Permitted territories). By continuing to access, view or make use of the Site and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of the Site and any related content and services.
Do not rely on information on our Site or in our Forum
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
We are not responsible for websites we link to either here or in our Forum
Where our Site or our Forum, contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content and uploaded materials which are not approved by us either here or in our Forum
The Site or our Forum may include information and materials uploaded by other users of those sites, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site or on our Forum do not represent our views or values.
How to complain about or report content
If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on ryan@yourpaperquest.co.uk or ryan@yourpaperquest.com
If you wish to complain about any other content, please contact us on ryan@yourpaperquest.co.uk or ryan@yourpaperquest.com
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Terms and conditions of supply found elsewhere on our Site.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy found elsewhere on our Site.
Uploading content to our Site and Forum
Whenever you make use of a feature that allows you to upload content, and Uploaded Material, to our Site or Forum, or to make contact with other users of our Site and Forum, you must comply with the content standards set out in our Acceptable Use Policy elsewhere on this Site.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site or Forum, will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site and Forum, a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload elsewhere on this Site.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or Forum, constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on our Site or Forum if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy elsewhere on our Site.
If you wish to contact us in relation to content you have uploaded to our Site or Forum, and that we have taken down, please contact ryan@yourpaperquest.co.uk or ryan@yourpaperquest.com
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
Rights you are giving us to use material you upload, or send to us via our email contact details or social media in whatever form, especially in our book club environment
When you upload or post content to our Site or Forum, you grant us the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the websites and across different media including to promote the Site or the service to expire when the user deletes the content from the Site or Forum;
- a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the Site and Forum, to expire when the user deletes the content from the Site or Forum.
Protection of the Copyright in material you upload and the Uploaded Material
You shall immediately notify us in writing giving full particulars if any of the following matters come to your attention:
(a) any actual, suspected or threatened infringement of the Copyright in your Uploaded Material;
(b) any claim made or threatened that the Work infringes the rights of any third party; or
(c) any other form of attack, charge or claim to which the Copyright may be subject.
In respect of any of the matters listed above:
(a) We shall, at our absolute discretion, decide what action to take, if any;
(b) We shall have exclusive control over, and conduct of, all claims and proceedings;
(c) You shall not make any admissions other than to us, and shall provide the us with all assistance that We may reasonably require in the conduct of any claims or proceedings; and
(d) you shall bear the cost of any proceedings and We shall be entitled to retain all sums recovered in any action on our own account.
The provisions of sections 101 and 101A of the Copyright, Designs and Patents Act 1988 (or equivalent legislation in any jurisdiction) are expressly excluded. As well as Title 17, Section 506 of the United States Code and Title 18, Section 2319 of the United States Code.
Nothing in these terms shall constitute any representation or warranty that the exercise by you of the rights granted under these terms will not infringe the rights of any person.
Moral rights
You, being the sole author of the Work, assert your moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 and US Copyright Act to be identified as the author of the Work.
Indemnity
In uploading the Uploaded Materials to our Site or our Forum, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
- any breach or negligent performance or non-performance of this agreement, including any claim relating to the Uploaded Material, supplied or put into use by the us in relation; or
- the enforcement of these terms.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site or Forum, by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or Computer Fraud and Abuse Act (CFAA) of 1986. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site and via our Forum
You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any websites that is not owned by you.
Our Site must not be framed on any other sites, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The websites in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy elsewhere on our Site.
If you wish to link to or make any use of content on our Site other than that set out above, please contactryan@yourpaperquest.co.uk or ryan@yourpaperquest.com
Which country’s laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English and American law. You and we both agree that the courts of England and Wales or The United States will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by American, and English and Welsh law. We both agree to the exclusive jurisdiction of the courts of England and Wales, or The United States of America when applicable.
Our General Terms and Conditions of Sale
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8 (LIMITATION OF LIABILITY).
- Interpretation
The following definitions and rules of interpretation apply in these Conditions.
- Business Day: a day other than a Saturday, Sunday or public holiday in England or The United States, when banks are open for business.
- Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.
- Commencement Date: has the meaning given in clause 2.
- Conditions: these terms and conditions as amended from time to time in accordance with clause 5.
- Contract: the contract between the Us and the Customer for the supply of Services and Goods via our Site.
- Customer Default: has the meaning set out in clause 2.
- Intellectual Property Rights: all rights owned by us as referred to in our website terms and conditions of use located elsewhere on our Site.
- Order: your order for Services and / or Goods.
- Goods: the monthly Subscription featuring books supplied by us to you via yourpaperquest.com / www.yourpaperquest.co.uk .
- Services: the services, supplied by us to you via yourpaperquest.com / www.yourpaperquest.co.uk which include the Subscriptions.
- Subscriber: The Subscriber or the purchaser of the Subscription in accordance with these Conditions.
- Subscriptions: 400 – 600 pages of content, invitation to our book club, “bookish bits” / surprises per month for £18.00 or $25 per month per Subscriber;
- Site: youpaperquest.com / www.yourpaperquest.co.uk
- Interpretation:
- A reference to legislation or a legislative provision:
- is a reference to it as amended, extended or re-enacted from time to time; and
- shall include all subordinate legislation made from time to time under that legislation or legislative provision.
- Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- A reference to writing or written includes email only.
- Basis of contract
- The Order constitutes an offer by you to purchase Services and Goods in accordance with these Conditions through our Site.
- The Order shall only be deemed to be accepted when either of the following occur:
- You place an order through our Site;
- You explicitly accept these Conditions by clicking the “I accept” option wherever located on our Site;
- Accepting / signing these Conditions in any other way (Commencement Date).
- Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our Site, catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services and Goods described in them. They shall not form part of the Contract or have any contractual force.
- These Conditions apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- Supply of Services
- We warrant to you that the Services will be provided using reasonable care and skill.
- We reserve the right to amend the Subscription if necessary to comply with any applicable law or regulatory requirement, and we shall notify you in any such event. It is for You to check our terms regularly via our Site for any other changes we may make.
- Customer’s obligations
- The Customer shall:
- ensure that the terms of the Subscription are complete and accurate;
- co-operate with us in all matters relating to the Services;
- provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- provide an up to date correct postal address for us to send the Subscription to, including payment details and your full name.
- If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
- without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays our performance of any of our obligations;
- we shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 2; and
- the Customer shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
- Charges and payment
- The Charges for the Services shall be:
- £18.00 per month per Subscription (this will include shipping costs, and any VAT, although we are zero rated for VAT presently). Or, $25 per month per Subscription (this will NOT include shipping costs, or any additional tax), depending on purchase region.
- We reserve the right to increase the Charges when we see fit. You will appreciate we cannot control third party delivery service charges as and when they may increase.
- The Customer shall pay on purchasing the Subscription via Stripe, one of the following payment methods:
- Visa
- MasterCard
- Amex
- China Union Pay
- JCB
- Diners
- Cartes Bancaires
- Discover
- Electron, and;
- All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT or additional US-based taxes).
- All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Termination of our Services and failure to deliver Goods
- Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party one months’ written notice.
- We work hard to ensure that our subscriptions arrive in quality condition. That being said, the packaging is in place to ensure that that happens, the final condition of the packaging is less important than the final condition of the books and products themselves.
- Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 2 days of that party being notified in writing to do so;
- Sales and renewals are final, but we are always willing to discuss and come to a solution that works for everyone.
Goods
- No international delivery
- Unfortunately, we do not deliver to addresses outside of the UK and USA.
- You may place an order for Goods from outside these regions, but these orders must be for delivery to an address within the UK or US.
- Price of goods and delivery charges
- The prices of the Goods will be as quoted on our Site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
- Prices for our Goods may change from time to time, but any changes will not impact your current month, but will take effect on the following month.
- The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect. The same goes for state-by-state US tax rates.
- The price of the Goods does include delivery charges in the UK but does not in the US.
- Our liability: your attention is particularly drawn to this clause
- References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), or Uniform Commercial Code (UCC); or
- any other liability that cannot be limited or excluded by law.
- Subject to clause 2, we will under no circumstances be liable to you for:
- Any damage or delay as a result of out chosen delivery methods;
- any loss of profits, sales, business, or revenue; or
- loss or corruption of data, information or software;or
- loss of business opportunity;or
- loss of anticipated savings;or
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods or Services.
- Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
- Termination
- Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if breach any of our terms of business and / or policies.
- Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). These include postal strikes and any issues with third party delivery companies and also including inclement weather.
- If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 15 Business Days. To cancel please contact us. If you opt to cancel, you do not have to return any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges, we also refer you to clause 6 in connection with your rights.
- Communications between us
- When we refer to “in writing” in these Terms, this includes email.
- Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be sent via email.
- A notice or other communication is deemed to have been received:
- if sent by email, at 9.00 am the next working day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- General
- Assignment and transfer.
- We may assign or transfer our rights and obligations under the Contract to another entity.
- You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
- Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- Governing law and jurisdiction. This Contract is governed by English and Welsh, or United States law when applicable and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English and American courts.
