TABLE OF
CONTENTS
These
Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Manchester Beds
("
Company
",
“we”, “us”, or
“our”), concerning your access to and use of the
https://Manchester Beds.co website
as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
Pakistan
and have our registered office at
166-b 2nd floor Modal Town Multan Pakistan
,
Multan
, Punjab
66000
.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and for any reason . We will alert you
about any changes by updating the “Last updated” date of these Terms
of Use, and you waive any right to receive specific notice of each
such change. Please ensure that you check the applicable Terms every
time you use our Site so that you understand which Terms apply. You
will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of
Use are posted.
The
information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
Unless
otherwise
indicated, the Site is our proprietary property and all source code,
databases,
functionality, software, website designs, audio, video, text,
photographs, and
graphics on the Site (collectively, the “Content”) and the
trademarks, service
marks, and logos contained therein (the “Marks”) are owned or
controlled by us or
licensed to us, and are protected by copyright and trademark laws
and various
other intellectual property rights and unfair competition laws of
the United
States, international copyright laws, and international conventions.
The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited
for any commercial purpose whatsoever, without our express prior
written
permission.
Provided
that you
are eligible to use the Site, you are granted a limited license to
access and
use the Site and to download or print a copy of any portion of the
Content to
which you have properly gained access solely for your personal,
non-commercial
use. We reserve all rights not expressly granted to you in and to
the Site, the Content and the Marks.
By
using the Site, you represent and warrant that:
(1) all
registration information you submit
will be true, accurate, current, and complete;
(2) you
will maintain the accuracy of such information and
promptly update such registration information as
necessary;
(3) you have the
legal capacity and you agree to comply with these Terms of
Use;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Site
; (5) you will not
access the Site
through automated or non-human means, whether through a bot,
script or
otherwise; (6) you will not
use the Site for any illegal or unauthorized
purpose; and (7) your use of
the Site
will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
4.
USER REGISTRATION
You
may be required to register with the Site. You agree
to keep your password confidential and will be
responsible for all use of your account and
password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in
our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We
accept the following forms of payment:
You
agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Site. You further
agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall
be
in
Rupees .
You
agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon
placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already
requested or
received payment.
We
reserve the
right to refuse any order placed through the Site. We may, in our
sole discretion, limit or
cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed
by or under the same customer account, the same payment method,
and/or orders
that use the same billing or shipping address. We reserve the right
to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
Please
review our Return Policy posted on the Site prior to
making any purchases.
You
may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use
the Site as part of any effort to
compete with us or otherwise use the
Site and/or the Content for any
revenue-generating endeavor or
commercial enterprise.
9.
USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any
use of the Site or the Marketplace Offerings in
violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or
suspension of your rights to use the Site and the
Marketplace Offerings.
10.
CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Site
, you automatically grant, and you represent
and warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including,
without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and
to prepare derivative works of, or incorporate into
other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and
through any media channels.
This
license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of
your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images
you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have
not otherwise been asserted in your
Contributions.
We
do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions. We are not
liable for any statements or representations in your
Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions;
(2) to re-categorize any Contributions to place them in
more appropriate locations on the Site; and (3) to
pre-screen or delete any Contributions at any time and
for any reason, without notice. We have no obligation to
monitor your Contributions.
11.
GUIDELINES FOR REVIEWS
We
may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you may
not organize a campaign encouraging others to post reviews, whether
positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sublicensable
right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to
review.
12.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become
our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.
You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
13.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
14.
PRIVACY POLICY
We
care about data privacy and security. By using the Site or the Marketplace
Offerings, you agree to be bound by our Privacy Policy posted on the Site,
which is incorporated into these Terms of Use. Please be advised the Site
and the Marketplace Offerings are hosted in
the United
Kingdom
. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in
the United
Kingdom
, then through your continued use of the Site, you are transferring your data to
the United
Kingdom
, and you expressly consent to have your data transferred to and processed in
the United
Kingdom
.
15.
TERM AND TERMINATION
These
Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE
AND THE MARKETPLACE OFFERINGS OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
16.
MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Site at
any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Site. We also reserve
the right to modify or discontinue all or part of the Marketplace Offerings
without notice at any time. We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the
Site or the Marketplace Offerings.
We
cannot guarantee the Site and the Marketplace Offerings will be available at
all times. We may experience hardware, software, or other problems or need
to perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site or the Marketplace Offerings at
any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site or the Marketplace Offerings during any
downtime or discontinuance of the Site or the Marketplace Offerings. Nothing
in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.
17.
GOVERNING LAW
These
terms shall be governed by and defined following the laws of
Pakistan
.
Manchester Beds and yourself irrevocably consent that the courts of
Pakistan
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
18.
DISPUTE RESOLUTION
Informal
Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or
claim related to these Terms of Use (each "Dispute" and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court
under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators
shall be
three (3) . The seat, or legal place, or arbitration shall be
Multan ,
Pakistan
. The language of the proceedings shall be
Urdu . The governing law of the contract shall be substantive law of
Pakistan
.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
19.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
20.
DISCLAIMER
THE
SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE
A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
22.
INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these Terms of Use; (
4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (
6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23.
USER DATA
We
will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from any
such
loss or corruption of such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments
or the granting of credits by any means other than electronic means.
25.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the Site or
in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such right
or provision. These Terms of Use operate to the fullest extent permissible
by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay,
or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as
a result of these Terms of Use or use of the Site. You agree that these
Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
26.
CONTACT US
In
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Phone:
0300 089 4114