Terms

KEYSTONE INSPIRES TERMS & CONDITIONS

Please read these terms and conditions carefully before purchasing Keystone Products, accessing our Site and engaging with our Communication Channels.

INTRODUCTION
1. These are the terms and conditions (T&Cs) upon which you use or access our Site, Communication Channels, and/or Keystone Inspires Products.
2. We operate the Site as a platform through which Customers can purchase access to recorded online classes, online discussion forums and online live events..
3. The Services are provided on an “as is” and “as available” basis. We reserve the right to modify or discontinue, temporarily or permanently, any part of our Services from time to time. Where this is the case, we will let you know as soon as reasonably practicable and shall refund you for any sums paid in advance in respect of Services which will no longer be provided where we have not provided a materially suitable replacement.
4. These T&Cs refer to our Privacy Notice, which also apply to your use of our Services.
5. By accessing our Services, you confirm that you accept these T&Cs and that you agree to comply with them. We may amend our T&Cs from time to time, so every time you wish to use our Services, please check the current T&Cs to ensure you understand the T&Cs that apply at that time. If you do not agree to these T&Cs or any future variation of these T&Cs, you should immediately stop using the Services. These T&Cs were most recently updated on the date set out above.
6. We may transfer our rights and obligations under these T&Cs to another organisation at any time, for example if we decide to sell the company.
CONTACT DETAILS
1. Our Site and Communication Channels are owned and operated by Keystone Tutors Limited (trading as “Keystone Tutors” and “Keystone Inspires”), a company registered in England and Wales with company number 06840060 and whose registered office is situated at 5 Blythe Mews, London, England, W14 0HW (Keystone, our, we, us).
2. To contact us, please email support@keystoneinspires.com.
3. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered with us.
4. When we use the words "writing" or "written" in these T&Cs, this includes emails.
DEFINITIONS
1. The following definitions apply throughout these T&Cs:
  (a)   Business Hours means 9:00 – 17.30 Monday to Friday in the UK, on days that are not public holidays in England.
  (b)   Calendar Year means the duration from and including a numeric day in one year, to the day immediately preceding the corresponding numeric day in the next year (for example, from 16 July 2021 to 15 July 2022), with the first day being the day on which access to a Keystone Product commences;
  (c)   Keystone has the definition given in clause 2.1;
  (d)   Keystone Inspires Products: digital products sold by us to Customers, including (but not limited to), where applicable, access to online courses, online webinars and live events, virtual discussion forums, and electronic course workbooks (including downloadable PDF materials);
  (e)   Communication Channels means our social media channels, newsletter communications and any other channels through which we promote our Services;
  (f)   Customers means users who purchase Keystone Products via our Site;
  (g)   Intellectual Property Rights means any patents, utility models, rights to inventions, copyright and neighbouring and related rights (including rights in online course content, electronic workbooks, downloadable PDFs, and the content created, provided during, or integrated into online webinars and forums), moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  (h)   Services means our Site, Communication Channels, and Keystone Products;
  (i)   Site means www.keystoneinspires.com;
  (j)   Site Content means any content published on or contained within the Site, including the Keystone Products and Third-Party Resources;
  (k)   Teachers: individuals who deliver the course content or live events comprised within the Keystone Products;
  (l)   Third-Party Resources has the meaning given in clause 8.2;
  (m)  User Content means content uploaded or posted to our Site by users, including (but not limited to) contributions (including verbal contributions) to live or recorded webinars, panel discussions, virtual discussion forums, online courses, reviews and feedback, and live chat or messenger messages;
  (n)   Users, you or your means visitors to our Site, visitors to our social media channels, recipients of our communications, and our Customers (as applicable); and
  (o)   Voucher has the meaning given to it in clause 6.2.
ACCEPTABLE USE
1. Content on the Site
  (a)   We make the Site available on an ‘as is’ basis and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement.
  (b)   We may update and change our Site from time to time to reflect changes to our Services, the Keystone Products, our users' needs, and our business priorities.
  (c)   The Site Content 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 taking, any action on the basis of the Site Content.
  (d)   Although we make reasonable efforts to update the Site Content, we make no representations, warranties or guarantees (whether express or implied) that the Site Content is accurate, complete or up to date or that any errors in the Services will be corrected.
  (e)   The Site may include both User Content and content created by Keystone and/or Teachers. You accept that this content may not have been verified or approved by us, that we make no representations, warranties or guarantees (whether express or implied) that such content is accurate, complete or up to date, and that the views expressed by other users and Teachers on our Site do not represent our views or values.
  (f)   From time to time, we may update or amend our Services, for example to reflect changes in our customer base and industry trends. This includes adding, removing and amending software tools and features in our sole discretion. This means the tools and features available on the Site may vary slightly from those marketed via our Site landing pages and Communication Channels. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to these T&Cs and the continued use of the Services after any such changes shall constitute your consent to such changes.
2. Accessing the Site
  (a)   You are responsible for configuring your information technology, computer programmes and platform to access our Site.
  (b)   We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. You accept that we may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons, as may the third party software providers on which we rely from time to time to keep our Site operational.
  (c)   Although you can use parts of the Site as a guest, you are required to register for a Customer account in order to purchase a subscription to access Keystone Products, in which case you will have to provide certain information about yourself as prompted during the account registration process. This information may include (but is not limited to) name and contact details.
  (d)   If you do create an account, all the registration information you submit should be truthful and accurate. If for any reason any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
  (e)   If you choose, or you are provided with, a user identification code, password or any other piece of information as part of account creation processes (e.g. when creating a Keystone account) or our security procedures, you must treat such information as confidential and not disclose it to any third party.
  (f)   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 T&Cs.
  (g)   If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
  (h)   You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, our Site. If you suspect or become aware of any such unauthorised use of our Site (including your account, if applicable) or any other breach of its security, you shall immediately notify us of any details reasonably required in connection with such unauthorised access.
  (i)   Without prejudice to clauses 5.4 and 5.4, you can delete your account at any time, for any reason, by emailing us at inspires@keytonetutors.com.
  (j)   You are responsible for ensuring that all persons who access our Site using your User account are aware of these T&Cs and other applicable terms, and that they comply with them. Your log-in details may only be used by you; any other individual or business must only access the Services behind a member paywall using their own distinct log-in details.
3. Uploading or posting content to our Site
  (a)   Whilst we make reasonable efforts to monitor any User Content, we accept no liability for any User Content, and no User Content posted reflects the views or opinions held by us.
  (b)   If you participate in User chat forums or otherwise post content to the Site, you are obliged to ensure all such User Content must comply with these T&Cs.
  (c)   User Content must comply with all applicable laws in England and Wales and in any other country from which such User Content can be viewed and not be in contempt of court.
  (d)   User Content must not:
  (i)   be defamatory of any person; be obscene, offensive, hateful or inflammatory; be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; promote violence or any illegal content or activity; or bully, insult, intimidate, humiliate, harass, upset, embarrass, alarm or annoy any other person;
  (ii)   include pornographic, indecent, obscene, or child sexual abuse material;
  (iii)   promote discrimination of any kind, including discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  (iv)   infringe any Intellectual Property Rights;
  (v)   be likely to deceive any person, or give the impression that your contribution emanates from us if this is not the case;
  (vi)   breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  (vii)   impersonate any person or organisation or misrepresent your identity or affiliation with any person or organisation;
  (viii)   advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse, or contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, made are likely to understand such statement as constituting a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
  (ix)   contain any advertising or promote any products, services, websites or resources provided by you or third parties.
  (e)   You agree to not use the Site to generate unsolicited advertisements or spam, or to use any automatic or manual process to search or harvest information from the Site.
  (f)   If you post User Content, you warrant that any User Content complies with the standards set out in these T&Cs and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  (g)   We have the right to immediately remove (temporarily or permanently) any posting you make on (or messages you send through) the Site, including but not limited to reviews, testimonials, and contributions to online discussions, forums and webinars if, in our sole discretion, we believe your posts or messages do not comply with the standards set out in these T&Cs.
  (h)   Any content you upload or post to our Site (including User Content) will be considered non-confidential. Unless otherwise agreed, you retain all of your ownership rights in such content, but in any event you are required to grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties.
  (i)   You accept that we reserve 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 Communication Channels constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
  (j)   You agree not to distribute or make available any User Content uploaded or made available by us or other users of the Site.
  (k)   You are solely responsible for securing and backing up your content.
4. Viruses and bots
  (a)   We do not guarantee that our Site will be secure or free from bugs or viruses, so you should use your own suitable virus protection software. Accordingly, you agree not to hold us accountable for such bugs or viruses.
  (b)   You must not misuse our Site by knowingly introducing or permitting the introduction of 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 servers on which our Site are 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. 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 Services will cease immediately.
  (c)   You must not use bots or other automated methods to register accounts on the Site.
KEYSTONE PRODUCTS
1. In consideration of you paying the applicable fees for a Keystone Product, and subject to these T&Cs and any other conditions of registration highlighted during the registration process, we will grant you a non-transferable, non-exclusive, non-sublicensable worldwide licence to access the relevant Keystone Product for one Calendar Year, commencing on the date on which your payment for such Keystone Product is received by us.
2. Our acceptance of your subscription takes place once payment has been received by us and we have sent you an email confirmation. Before this point, we reserve the right to reject or cancel your subscription, in which case you will be provided with either a refund or an alternative offer (which you may reject in favour of a refund).
3. Right of cancellation. You have the right to cancel a subscription at any time within 14 days of making payment, and you will be entitled to a free refund, save that this right of cancellation will lapse as soon as you access any course content or other Keystone Inspires Products.
4. Subject to clause 6.3 below, if you cancel or terminate your access to a Keystone Product before the end of your current annual subscription, your cancellation will take effect immediately. In such circumstances, you accept that you will not be entitled to a refund in respect of any unused time.
5. Your access to purchased Keystone Inspires Products will not automatically renew. If you opt not to manually renew your access, or if your access to a Keystone Inspires Product is otherwise cancelled or terminated, your access to the relevant Keystone Inspires Product will be immediately terminated and all of your data relating to such Keystone Inspires Product will be inaccessible via the Site. This data will be permanently deleted from backups and logs within 30 days. Once permanently deleted, you accept that the information cannot be recovered.
6. If you no longer have access to any Keystone Inspires Products, we reserve the right to promptly delete your Site account, along with any data associated with that account.
7. Our prices are subject to change at our discretion.
8. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required, we may collect those taxes on behalf of taxing authorities and remit those taxes to taxing authorities.
9. We may terminate your access to a Keystone Product and/or your account immediately and without liability if you abuse (including verbal, physical, written or other forms of abuse, as well as threats of abuse or retribution) any of our employees, agents or contractors.
10. Unless otherwise agreed, you must not:
  (a)   Copy, distribute, publish, transmit, retransmit, transfer, disseminate, broadcast, circulate, sell, resell or otherwise use the Keystone Products or any portion of the Keystone Products in any form or by any means except as permitted by these T&Cs or infringe in any other way our Intellectual Property rights, those of the content creators, or those of any third party in relation to your use of the Keystone Product;
  (b)   use the Keystone Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these T&Cs; or
  (c)   act fraudulently or maliciously, for example, by decompiling a Keystone Product or inserting malicious code, including viruses, or harmful data, into the digital content.
11. From time to time, we may update or amend the range of Keystone Products that we advertise, offer, or facilitate the sale of, for example to reflect changes in our customer base, supplier base and cultural trends. This includes adding, removing and amending Keystone Products in our sole discretion. This means the Keystone Products available on our Site may vary slightly from those marketed via our Communication Channels.
PAYMENTS, RETURNS AND REFUNDS
1. We may, in our discretion, give you a promo code or discount (“Discount”) that you can use to reduce the price of certain Keystone Products. Any Discount may come with its own terms (for example, a minimum spend requirement, a limited selection of Keystone Products in respect of which the Discount may be used, and an expiry date after which the Discount can no longer be used). If you are given a unique Discount that is created specifically for your use, it cannot be shared or transferred to other customers, or posted in a public forum. We reserve the right to cancel and/or suspend any Discounts that we feel, in our sole discretion, are being misused. Any Discounts applied in contravention of the applicable terms or these T&Cs, will be removed from your subscription. You accept that we take no responsibility for the availability or validity of any discount codes provided by us.
2. You accept that any gift card, voucher or coupon (“Voucher”) you have received that may be redeemed against all or part of the cost of a Keystone Product may come with its own terms (for example, a minimum spend requirement, a limited selection of Keystone Products in respect of which the Voucher may be used, and an expiry date after which the Voucher can no longer be used). Vouchers cannot be exchanged for cash or any other benefit, and no refunds shall be provided in respect of Vouchers that have expired or been cancelled in accordance with these T&Cs. We reserve the right to cancel any Vouchers that we feel, in our sole discretion, are being misused. Any Vouchers applied in contravention of the applicable terms or these T&Cs, will be removed from your subscription.
3. For most products bought online, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days of receipt and receive a refund. However, the right to cancel and receive a refund does not apply in respect of certain products, including those falling within the below categories:
  (a) Digital products after you have started to download or stream these. If we make digital content available to you immediately upon you making payment and you subsequently download the file(s), you will not have the right to change your mind;
  (b) Services, once these have been completed, even if the cancellation period is still running.
4. Where you qualify for a refund under UK consumer rights law for Services or Keystone Products, we may deduct an amount from such refund to reflect any period during which the Services or Keystone Products had been supplied.
COMPETITIONS
1. We may, in our discretion, run competitions from time to time and these too will be governed by these T&Cs, in addition to other competition-specific terms and conditions that may be imposed from time to time. Such terms and conditions might cover, for example, eligibility criteria, deadlines, details of potential prize(s), details of how the winner(s) will be selected and notified, and other aspects of the relevant competition. You will not be eligible to participate or win if you do not comply with those competition terms.
2. Our decision regarding competition winners is final. If we find that a winner was ineligible to apply, we reserve the right to award the prize to another participant and to require the return of any prize already awarded. Winners may not substitute prizes in whole or in part for cash or any other item.
3. We reserve the right to terminate, amend or extend any competition (and substitute the prize to something of equal or greater value) and will accept no responsibility for any damage, loss or injury resulting from entry into the competition or any prizes awarded, except where such liability may not, as a matter of law, be excluded.
THIRD-PARTY WEBSITE & RESOURCES
1. Third-party software providers
  (a) You agree not to hold us responsible if defective third-party software damages a device or digital content belonging to you and accept that we will never accept responsibility for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or the relevant software providers (as applicable).
2. Third-party resources
  (a)   Where our Services contain links to third parties, including (but not limited to) links to teacher profiles, third party website content, social media channels, platforms, individuals, organisations, products (including books), services, or other resources (including content, communications, mailing lists, advice and information) (Third-Party Resources), these links are provided for your information only.
  (b)   Links to Third-Party Resources should not generally be interpreted as recommendations that you should interact with such Third-Party Resources, or as approval by us of those Third-Party Resources or information you may obtain from them, and you accept that we have no control over the nature or availability of such Third-Party Resources.
  (c)   If you access, purchase or use any Third-Party Resources:
  (i)   You do so solely at your own risk and we make no representation, warranty 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 Resources, or any transactions completed and any contracts entered into by you with any such Third-Party Resources; and
  (ii)   By using such Third-Party Resources, you agree to also be bound by any terms and conditions applicable to the use of such Third-Party Resources and accept that you may need to pay additional fees to access those Third-Party Resources. Accordingly, we recommend that you refer to any applicable terms and conditions and policies prior to using any Third-Party Resources.
LIMITATIONS ON USE OF THE SERVICES
1. You must not:
  (a)   print off, print screen, download, copy, modify, record, duplicate, reproduce, create derivative materials from, modify, frame, mirror, republish, transmit, distribute, display, share, distribute, transmit, retransmit, transfer, disseminate, broadcast, circulate or otherwise use the Services or any portion of the Services, including any portion of the text, images, audio, videos, pages, structures, HTML, CSS, JavaScript or visual design elements that comprise our Services (including our Keystone Products) in any form or by any means (Sharing Content) without our prior written consent, except as permitted by these T&Cs;
  (b)   use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these T&Cs; or
  (c)   act fraudulently or maliciously, for example, by decompiling the Site or inserting malicious code, including viruses, or harmful data, into the Site.
2. Where we consent to you Sharing Content, you agree that our status (and that of any identified contributors) as the authors or creators of the relevant content must always be acknowledged, and that we can withdraw our consent at any time (at which point, you will return, remove and/or destroy the content and any copies thereof, at our request and in our sole discretion, as soon as practicable).
3. You shall not use any part of the Services in order to build a product, service, offering or following, whether for commercial purposes or otherwise, on your own behalf or for a third party.
4. You shall not license, sell, resell, rent, commercially exploit, make available to third parties, or enable any third parties to access our Site, for example by sharing your log-in details with third parties.
5. You agree that we shall have the following rights:
  (a)   the right to terminate your access to the Site (including your access to Keystone Products you have purchased and any account you may have registered with us) without notice at any time following your unauthorised use of the Site, or your breach of these T&Cs;
  (b)   the right to amend, update or remove User Content, Keystone Product prices, and available payment methods from time to time, without notice and in our sole discretion; and
  (c)   the right to report you to the police or other judicial body if we believe in our sole and absolute discretion that your conduct is or may be unlawful.
INTELLECTUAL PROPERTY
1. We claim no Intellectual Property Rights over the materials you upload to the Site, in so far as you are the creator or owner of such materials. However, you accept that any content you upload or post to our Site (including User Content) will be considered non-confidential and you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties.
2. Subject to clause 10.1, you acknowledge and agree that unless otherwise specified, and subject to these T&Cs, we are the owner or the licensee of all Intellectual Property Rights in our Services, including the material published on our Site and any software, logos, branding or domains contained within or made available through the Site. Those works are protected by copyright laws and treaties around the world and all such rights are reserved. You are not permitted to use any Intellectual Property Rights without the prior written consent of the owner.
3. These T&Cs do not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.
4. You are not permitted to use our business name, trading name, logos or branding without our approval and you shall not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in or comprising part of the Services.
LIABILITY
1. If you have any questions or complaints about our Services, please contact us.
2. We do not warrant that:
  (a)   the Services will meet your specific requirements;
  (b)   the Services will be uninterrupted, timely, secure, or error-free; and/or
  (c)   the quality of any Keystone Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
3. You accept that we shall not be liable to you or any third party in connection with any modification, price change, suspension or discontinuance of the Services.
4. You agree to indemnify any other party to these T&Cs against all claims, liabilities, damages, costs, and expenses suffered or incurred by that other party as a result of your breach of these T&Cs.
5. All Keystone Products are supplied without a warranty of any kind (express or implied) from us. You agree that, to the fullest extent permitted by law, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct, indirect or consequential loss, however so arising under these T&Cs. Accordingly, you agree not to hold us responsible for any loss or other damages which you may suffer in connection with you ordering, accessing, downloading, taking delivery of, or relying on our Services in any way.
6. We shall have no liability to your under these T&Cs if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, acts of God, wars, riots, civil commotions, malicious damage, epidemics, pandemics, compliance with any law or governmental orders, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, storms or default of suppliers or subcontractors, provided that we notify you of such an event and its expected duration (if we are aware of such event and an estimation is feasible).
7. 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.
8. For business users
  (a)   We exclude all implied conditions, warranties, representations or other terms that may apply to the purchase, access or use of our Services.
  (b)   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 your use of, or inability to use, our Services, or your use of or reliance on any content forming part or all of our Services.
  (c)   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.
9. For consumer users
  (a) Please note that we only provide our Services to consumer users for domestic and private use. You agree not to use our Services 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 resulting from commercial or business use. We take no responsibility for any loss or damage that is not foreseeable.
  (b) 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 advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow instructions or to have in place the minimum system requirements advised by us or an applicable software provider.
10. Save for cases of fraud or wilful misconduct, and to the extent permitted under UK law, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of our obligations under these T&Cs shall be limited to the amount you have paid us (minus any refunds provided by us) for the Services in the 12 month period immediately preceding the date on which such liability arises.
DATA PROTECTION
1. We will only use your personal information as set out in our Privacy Policy.
ENTIRE AGREEMENT
1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
2. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
4. Nothing in this clause shall limit or exclude any liability for fraud.
ADDITIONAL CLAUSES
1. Technical support in relation to the Services is currently only provided via email. We will reply to you as soon as possible, but generally replies will only be sent during Business Hours.
2. You shall not, without our prior written consent, sublicense, assign, transfer, charge or sub-contract any element of the Services or any of your rights or obligations under these T&Cs to any third party, whether with or without consideration, without our prior written consent.
3. Provisions of these T&Cs that expressly or by their inherent nature should survive termination or expiry of these T&Cs shall survive termination or expiry and shall continue to have effect and be binding.
4. These T&Cs do not confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
5. If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these T&Cs.
6. No failure or delay by us to exercise any right or remedy provided under these T&Cs or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
7. These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&Cs or their subject matter or formation (including non-contractual disputes or claims).