Terms and Conditions of Use

1. CROWDACURE – THE PLATFORM

1.1. Crowdacure Ltd (Company Number 09376301) of 2 Helenslea, London NW11 8ND, UK (Crowdacure) grants you a non-exclusive, limited and revocable licence to use and access the Crowdacure website (www.crowdacure.com) and/or mobile application (Platform) subject to these terms and conditions (Terms). In these Terms, “us”, “we” and “our” refer to Crowdacure and references to “you” and “your” is to you, the user.

1.2. The Platform is a venue for fundraising for difficult to fund and underfunded medical research. The Platform allows certain users (Campaigners) to list projects (Projects) and conduct processes (Campaigns) to raise funds (Funds) from other users (Backers).

1.3. By using the Platform you agree to be bound by these Terms – if you do not agree with these Terms you must immediately stop using the Platform.

1.4. You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.

2. FUNDRAISING VENUE ONLY

2.1. The Platform is a venue for fundraising only. We act only as an agent to facilitate Campaigns between Campaigners and Backers. Campaigners contract with and authorise us to list a Project and procure the processing of payments under the Campaign from Backers in respect of the Project, in accordance with these Terms.

2.2. Projects and Campaigns are the sole responsibility of the Campaigner. We do not oversee the performance or punctuality of Projects.

2.3. We do not accept any responsibility or legal liability whatsoever for any act or omission of the Campaigner or the Backer arising from or in connection with any Project or Campaign. All dealings relating to the Campaigns are solely between the Campaigner and other users.

2.4. We shall have no obligation to become involved in disputes between users, including between Backers and Campaigners, or between users and any third party. Whilst we may assist with the resolution of any complaint or dispute relating to the Campaign, you acknowledge that any legal recourse arising from or in connection with the Campaign or the Project, whether for breach of contract or otherwise, is against the Campaigner or Backer (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.

2.5. You must cooperate with us and comply with all reasonable requirements, including information and documents relating to the Services.

 

3. CAMPAIGNS, CAMPAIGNERS & CROWDACURE SUPPORT

3.1. Subject to disclaimers above, Crowdacure shall provide support and consult with the Campaigner, to help ensure a productive and successful Campaign, including:

(a) During preparation for the Campaign:

(b) During the conduct of the Campaign:

3.2. To ensure the success of the Campaign, the Campaigner agrees that both during preparation for and during the Campaign all fundraising activity for the relevant research project are part of the Campaign preparation or Campaign and commits to ensuring that it is undertaken in cooperation with Crowdacure and within the Platform.

3.3. At all times, the Campaigner must be committed to providing Crowdacure timely (within 7 calendar days unless specified otherwise) input as reasonably required by Crowdacure.

 

4. APPLICATION

4.1. You may apply to list a Project on the Platform by contacting us via the Contact Us form or at info@crowdacure.com. Such message may include information relevant to the medical and scientific content of the project and the research team provided honestly.

4.2. We have the right to review, reject and authorise Projects for the Platform in our absolute discretion, with or without giving reasons. If we or the CROWDACURE MEDICAL REVIEW BOARD (CMRB) suspect that the information provided is not accurate, each shall have the right to reject the application.

4.3. The Campaigner acknowledges that we and the Backers rely on the accuracy and completeness of information provided by the Campaigner during the application process. The Campaigner warrants and represents that all information provided to us is accurate, complete and not misleading and remains so, including that the Campaigner has the relevant qualifications and experience to complete the Project.

 

5. CMRB & PROJECT CRITERIA

5.1. We review and authorise Applications, with the assistance of the CMRB (Crowdacure Medical Review Board). A list of the members of the CMRB and their affiliation will be shared on our website.

5.2. You must collaborate in a genuine and transparent way with the CMRB in relation to any Application, including the requirements to meet the Crowdacure Project Criteria.

5.3. The role of CMRB is to give a recommendation to us on the eligibility of the project for crowdfunding on the Platform (and such other information as it considers relevant in its absolute discretion).

5.4. CMRB will make its recommendation after evaluation of relevant information provided by the applicant having regard to the Crowdacure Project Criteria:

5.5. The CMRB recommendation will be communicated to the applicant and a summary will be made available to other users.

5.6. We reserve the right to register Campaigners and authorise Projects on the Platform, whether or not it has been proven difficult to fund the relevant medical research.

 

6. PERKS

6.1. Campaigners can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks”) to Backer. Perks are not offered for independent sale.

6.2. Crowdacure does not represent that Campaigners will deliver Perks, complete Campaigns, commence or complete Projects, or that Contributions will be used as described in the Project.

6.3. We make no representations about the quality, safety, morality or legality of any Perks, or the truth or accuracy of User Content (as defined below) posted on the Platform.

 

7. FUNDS

7.1. You will be guided on the Platform through the steps required to donate Funds to a Campaign. You are responsible for all details and any errors relating to any donation of Funds.

7.2. We may charge you additional fees and charges as specified on the Platform. Campaigners may be charged commissions and administrative charges as specified on the Platform or expressly agreed with Crowdacure.

7.3. All funds committed via the Platform are processed using a payment gateway provided by a third party payments processor (such as www.stripe.com) that we may replace, at any time and in our sole discretion.

7.4. Funds are transferred to the bank account provided by the Campaigner. Funds are not held in an account in the name of or controlled by Crowdacure.

7.5. Payments must be made in advance by credit card or any other payment method specified on the Platform. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on the relevant credit or debit card to make any payment. We cannot guarantee the full receipt of any payment made (including due to credit card failures).

7.6. You agree to pay any duties or taxes with respect to payments made on the Platform.

 

8. CANCELLATIONS & REFUNDS

8.1. We reserve the right but have no obligation, at any time and for any reason:

(a) to cancel, interrupt or suspend a Campaign and require the refund payments from Backers; and/or

(b) to remove a Campaign from the Platform. 8.2. We are not responsible for issuing refunds for funds that have been collected via the Platform.

8.3. In the event of a change in circumstances, that causes the initiation or continuation of the Project, or any of the restrictions on the use of the funds, become obsolete, inappropriate or impracticable, as determined by the CMRB, then the Campaigner may with CMRB approval re-designate the purpose of these funds to another Project that adheres as closely as possible to the original objective for the Project.

8.4. Campaigners must repay any Funds in the event that (i) the mini-GOAL or GOAL is not achieved; or (ii) the Project fails the Ethical Review, and should otherwise promptly initiate refunds relating to Campaigns, at their own discretion.

8.5. This refunds policy does not affect your rights at law, including as a consumer under the Consumer Protection Act 1987, which cannot be excluded or limited.

 

9. RELEASE OF FUNDS: MINI-GOAL

9.1. The mini-GOAL is determined by the Campaigner with approval from the CRMB.

9.2. Once the mini-GOAL has been satisfied (as confirmed with the CMRB), the Funds will be transferred to the account of the Campaigner.

9.3. Once the Project has been through ethical review, the researcher commits to return the monies to the backers through the payment gateway if he didn’t obtain ethical committee approval.

9.4. If the campaign raised beyond the mini-GOAL but not all the monies (GOAL), the researcher will continue to fundraise through other means for a time pre-determined with the CMRB. In the event he failed to raise the necessary monies to fund the Project, the researcher commits to return the monies to the backers through the payment gateway

9.5. CAMPAIGN SUCCESS: GOAL

9.6. The Campaign’s fundraising objective is the GOAL as presented on the platform. The Campaign is completed once the fundraising GOAL is achieved.

9.7. If funds are raised under a Campaign in excess of the mini-GOAL, but the fundraising has not yet achieved the GOAL, the Campaigner may continue to fundraise through other means for a time pre-determined with the CMRB. If such fundraising allows the Campaigner to achieve the GOAL, the Campaign has been completed. Otherwise, the Campaign has failed (and Funds must be returned in accordance with clause 6).

9.8. Once the Campaigner raised all the monies necessary to complete the research contemplated by the Campaign (reached the GOAL), the Campaigner commits to:

(a) submit full details of the Project to an approved ethical committee, within 1 month from the end of the Campaign; and

(b) communicate the written outcome of the required ethical review to the CMRB, such that the CMRB can communicate relevant information to Backers via the Platform.

9.10. The Campaigner may review, update and amend the Project to address any comments or concerns arising from the Ethical Review, but must ensure Crowdacure management and the CMRB are fully informed of any changes.

9.11. We will update the crowd quarterly (12 weeks) or timely on the status of the Ethical Review using the information provided by the Campaigner (“no update”, “not passed”, “approved”, “rejected”).

9.12. If the Ethical Review fails, the Campaigner commits to return, using the payment gateway and within 8 weeks, any funds paid by Backers via the Platform.

 

10. PLATFORM – CONDITIONS OF USE

10.1. It is a condition of use that:

(a) You are over the age of 18;

(b) You have the authority to bind any business on behalf you use the Platform;

(c) You have authority to use the payment method used to make any payment;

(d) You only use the Platform for lawful purposes;

(e) You do not engage in any defamatory, improper, indecent or offensive behaviour;

(f) You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Platform;

(g) You will treat the Platform and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and

(h) You do not breach any of the Terms.

10.2. You are responsible for all content and information published on or sent via the Platform and warrant that information is accurate and honest. You acknowledge that such content will be made publicly available and that we are not responsible for editing or monitoring such content. We reserve the right to delete any such content and information in our absolute discretion.

10.3. You acknowledge that the appointment to conduct the Campaign to undertake fundraising for the Project is exclusive. You must not, without prior written approval from Crowdacure undertake fundraising activities for the Project outside of the Platform.

10.4. By using the Platform, you warrant and represent that the Campaigner will not directly or indirectly circumvent the Platform and that all fundraising activities for the Project will be committed under the Campaign, in accordance with these Terms.

 

11. PLATFORM AVAILABILITY

11.1. You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability.

11.2. We accept no responsibility for the unavailability of this Platform, or any offer of Campaigns or Projects found on the Platform, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.

11.3. We make no guarantees, implied or express, as to the ongoing availability of the Platform.

 

12. INTELLECTUAL PROPERTY

12.1. Crowdacure and other users do not obtain any copyright or other intellectual property rights in the Project, other than the license to use content provided by the Campaigner for use on the Platform and accreditation permitted for use in marketing activities by Crowdacure.

12.2. The Platform is the copyright and property of Crowdacure (or the Compaigner) and can be used for any purpose relating to the Platform or our business. Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:

(a) Replicate or use the details and profiles of any Campaigner;

(b) Replicate all or part of the Platform in anyway; or Incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.

12.3. We have moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.

12.4. All content remains our Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by any user.

 

13. THIRD PARTY WEBSITES & ADVERTISING

13.1. The Platform may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Platform.

13.2. We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.

 

14. LIMITATION OF LIABILITY & INDEMNITY

14.1. You agree that you use the Platform at your own risk.

14.2. You acknowledge that we are not responsible for the conduct or activities of any Backer or Campaigner (including delivery of any goods or services) and that we are not liable for such under any circumstances.

14.3. You acknowledge that in using the Platform and in relation to the Campaigns you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

14.4. You agree to indemnify us for and against any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms. You hereby release us from any and all claims and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Platform and any services we provide.

14.5. In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Campaigns (or the performance or non-performance of Projects), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise

14.6. Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.

 

15. PRIVACY POLICY

15.1. You accept our Privacy Policy and agree that you will not do anything that shall compromise Crowdacure’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Platform is concerned.

15.2. We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Platform you accept such changes.

 

16. TERMINATION

16.1. We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform or Services.

16.2. Campaigners may terminate their use of the Platform on at least 14 days notice.

16.3. Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.

 

17. NOTICES

17.1. You can contact our customer service team by email (info@crowdacure.com).

17.2. You can direct notices, enquiries, complaints and so forth to us using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.

17.3. We will send you notices and other correspondence to the email address that you submit to the Platform, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.

17.4. A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.

 

18 GENERAL

18.1. We hold the rights under these Terms on trust for our officers, directors, employees, agents and successors.

18.2. Crowdacure may assign or otherwise create any interest in their rights under these Terms by giving you written notice.

18.3. Crowdacure may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.

18.4. Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.

18.5. These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.

18.6. The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.

18.7. These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.

 

CROWDACURE –  WEBSITE TERM OF USE

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, whether as a guest or a registered user, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

2. Our details

2.1 This website is owned and operated by CROWDACURE LTD, registered in England and Wales under registration number 09376301.

2.3 You can contact us by writing to the business address given above, by using our website contact form, or by email to info@crowdacure.com.

 

3. Platform

3.1 We provide the website as a venue for fundraising for difficult to fund and/ or underfunded medical research. The Platform allows certain users (“Campaigners”) to list projects (“Projects”) and conduct a process (“Campaign”) to raise funds for the Projects from other users (“Backers”).

3.2 You acknowledge that our website and the Platform may distinguish between different types of user, including users with registered accounts and who participate in Campaigns as Campaigners or Backers.

3.3 All use of the Platform and relating to any Campaigns, remains subject to the Platform Terms & Conditions.

 

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) use our website services, subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section

4.3 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.4 You may only use our website for your own personal purpose, and you must not use our website for any other purposes.

4.5 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.6 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d)  exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is truthful and correct.

 

6. Registration and subscriptions

6.1 To be eligible to access and use certain parts of our website, you will be required to register an account.

6.2 To register an account, you must be at least 18 years of age and resident in the United Kingdom.

6.3 You may be asked to submit your email address on our website, and click on the verification link in the email sent to you.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person’s subscription to access the website, unless you have that person’s express permission to do so.

 

7. User IDs and passwords

7.1 If you register an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use any account details for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

8. Cancellation and suspension of subscription

8.1 We may:

(a) suspend your subscription;

(b) cancel your subscription; at any time in our sole discretion without notice or explanation.

8.2 You may cancel your subscription on our website using your subscription control panel on the website.

 

9. Your content: licence

9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, store, and adapt, your content on and in relation to this website.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person.

 

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: (a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

12.3 We will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your subscription on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different subscription).

 

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

 

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, subcontract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

17. Third party rights

17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

 

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

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