Terms of Service UK

TERMS OF SERVICE: PLEASE READ CAREFULLY

SECTION 1 - WHO WE ARE AND HOW TO CONTACT US

  • This website (“Site”) is operated by Obvious Tool Co Pty Ltd (“Obvious Tool Co”). Throughout the Site, the terms “we”, “us” and “our” refer to Obvious Tool Co, and “you” or “your” means the person using our Site including any person who makes a purchase from us. Our company registration number is ACN 660 561 071 and our registered office is at 755 Hunter St, Newcastle West NSW 2302. Our registered VAT number is 466 507 080

  • By visiting our Site and/or purchasing goods from us (“Products”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

  • Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. Together with the confirmation of order and dispatch emails we send to you, these Terms will form the agreement between you and us (“Agreement”). If you do not agree to all the terms and conditions of these Terms of Service, then you must not access the Site, order any Products or use any Services.

  • Our store is hosted on Shopify Inc (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products and Services to you. By accessing our store, you acknowledge and agree to Shopify’s terms and conditions of service, which can be found here.

  • If you would like to contact us about our Site or any of its contents including if you have any queries or complaints about the Products or Services, you can do so by contacting us on the details set out in our Contact page.

  • If we need to contact you for any reason, we will generally do so in writing but we may also contact you over the telephone. Please note, when we use the words “writing” or “written” in these Terms, this includes email.

 SECTION 2 - ORDERS

  • Please refer to the Site for an explanation as to how you can place an order for Products and Services. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process before submitting the order to us.
  • After you place and order for Products (or Products and any associated services and payment for your order has been successfully processed through Shopify, we will confirm our acceptance of your order to you by sending you a confirmation e-mail that confirms that your order has been accepted (Order Confirmation Email). A binding agreement between us will be formed when we send you the Confirmation Email. In certain circumstances, we may contact you to let you know that we are unable to supply you with certain Products. This is typically for one or more of the following reasons:
    • the Products/Services are unavailable (in the case of Products, please see clause 3 below for further details);
    • we cannot authorise your payment;
    • you are not permitted to buy the Products from us (we reserve the right to limit or prohibit orders that, in our reasonable opinion, appear to be placed by dealers, resellers or distributors);
    • we are not permitted to sell the Products or supply the Services to you (we reserve the right to limit or prohibit orders that, in our reasonable opinion, appear to be placed by dealers, resellers or distributors); or
    • there has been a mistake in the pricing or description of the Products.
  • In such instance, we will not accept your order but in limited situations, it may be that your order has already been accepted, processed and payment taken from you. In this instance, we will refund you the full amount paid including any delivery costs charged to you as soon as possible, using the original payment method used.
  • If you have already placed an order with us but would like to make changes to it, please contact us as soon as possible and we will let you know if it is possible. If however we feel it is not possible to make the requested change, for instance because the order has already been dispatched, you may want to consider your other options as set out below in Your Right to Cancel (if you are a consumer).
  • In certain circumstances, we may make minor changes to our Products or Services after your order has been placed and accepted by us, either because it is required by law or because we consider the change to be a reasonable minor change and that overall, the change will not have a material or otherwise significant impact on the Products or Services supplied.
  • If we need or wish to make a more substantial change to your order, we will notify you of the change and when it will take effect. If you do not agree to the proposed change then as long as it is a major change and you have not yet received the Products you may terminate the Agreement with us and we will refund you for any Products which you have paid for but not received.

SECTION 3 - AVAILABILITY OF PRODUCTS

    • Any order you may place with us on the Site is subject to availability. We cannot and do not guarantee that any product or service set out on the Site will be available continuously or at any specific time. We may limit the sales of our Products to any person, geographic region or jurisdiction in our reasonable discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

    • If for any reason beyond our reasonable control, we are unable to supply a particular Product to you, we will not be liable to you save that if you have not been charged for that Product we will not charge you, and if you have been charged for that Product, we will refund you the full amount paid including any delivery costs as soon as possible, using the original payment method used.

    SECTION 4 - SPECIFICATION AND DESCRIPTION OF PRODUCTS

    • We agree that any Products supplied will accord with the specifications and descriptions provided on the Site.

    • Certain Products supplied by us may vary in their specification in which case we will specify this on the Site and you agree that the precise specification of the Products is subject to the variation described.

    • If you are ordering Products from our Site, we cannot guarantee that the colours as displayed on your device will match exactly the appearance of the Products when delivered. The appearance of the Products may vary slightly from the images displayed on our Site. The packaging of the Products may also vary from any images shown on our Site.

    SECTION 5 - PAYMENT TERMS

    • The prices payable for Products that your order are set out on the Site. If by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price provided that we notify you before you have received the Confirmation Email.

    • If we have accepted an order from you and there is an obvious pricing error which should reasonably be recognised as an error then we may terminate the Agreement with you, require you return the Products in question and provide you with a refund for those Products which have been paid for.

    • You must pay for any Product order with your credit card, debit card or PayPal account. In the event you pay for a Product with your PayPal account, you acknowledge and agree to PayPal’s terms and conditions of service, which can be found here.

    • At the time you place an order on the Site, you must give authority for payment and in accordance with your chosen payment method, we may take payment from you at any time between you placing the order and us accepting your order. The credit and debit cards accepted by us will be confirmed by us when you place your order.

    • All payments are processed through Shopify. You acknowledge and agree that we are not responsible for any errors or omissions made by Shopify during the payment processing.

    • All prices are displayed on our Site in Pound Sterling (GBP). You are responsible for any additional fees, taxes, duties, tariffs, exercise and other imposts whether levied by Shopify, or the relevant governing body of any other jurisdiction. Please contact your local customs office for further information before placing your order. It is your responsibility to comply with all applicable laws and regulations of the country for which the supply of Products destined and we will not be liable or responsible if you are in breach of any such law.

    • Unless otherwise stated, the prices payable for the Products include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    • Unless otherwise stated, the prices for Products listed on our Site do not include delivery charges.

    • If you do not pay for the Products in accordance with our Agreement with you, we may suspend the supply of the Products and/or Services until they have been paid for in full.

    • All prices displayed on our Site are subject to change.

    • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    • If you believe you are entitled to a refund for any order, this will be subject to our Returns policy which can be found here.

    SECTION 6 - DELIVERY, TITLE AND RISK

    • Any delivery charges payable are set out on the Site and will be confirmed when you place an order with us for any Products.

    • Delivery will be made to the address specified by you when you placed your order with us, so please take care to specify the correct delivery address.
    • In case of delivery date of the Products, we will:
      • seek to deliver the Products as soon as possible and in any event within 30 days; or
      • we will deliver the Products on the selected delivery date; and
      • we will send you a shipping notification by email which has a link go the tracking and courier information relating to your order.

    • If we are unable to deliver the Products on an agreed delivery date we will let you know as soon as possible after we become aware of the impossibility of delivery on the agreed date.

    • If we or our delivery partners are able to provide you with more information in relation to delivery closer to the time of delivery, we will do so. All delivery dates are estimates unless we have agreed a specific delivery date with you.

    • If our supply of the Products is delayed for more than 15 days as a result of an event which is outside our control, we will contact you as soon as we are able to using the details you provided to us when you placed an order, to inform you of the delay and likely duration of delay. If the delay is likely to be lengthy, you have the right to terminate the Agreement with us and receive a refund for any Products paid for but not received.

    • In relation to Products ordered on our Site, you will be responsible for the Products from the time delivery is made to the relevant address (in accordance with these Terms) and you will own them once we have received payment in full.

    • If you make a mistake when entering the delivery address and we have not yet dispatched the supply of Products, please contact us as soon as possible and will try to rectify this but you may be required to pay certain additional delivery charges, for instances if delivery is to a different country.

    • If you seek to change the delivery address after we have sent you a Confirmation Email, we will not be responsible to you if the Products do not reach the intended destination unless we have specifically confirmed to you in writing that we can deliver to such amended address even after the original dispatch.

    • If no one is home when the Products are delivered and we cannot post them through the letterbox, we or our delivery partners seek to re-arrange delivery (additional charges may be payable for re-delivery if specified when you placed your order and confirmed in the Confirmation Email).

    • In the event we are unable to contact or agree with you for re-delivery of the Products despite several attempts, we may terminate our Agreement on reasonable notice to you.

    SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    • We make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on our Site (including in relation to any Products).

    • To the extent permitted by law, we will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Site. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

    • The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

    • This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

    • We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

    • You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as required.
    SECTION 8 - YOUR RIGHT TO CANCEL (IF YOU ARE A CONSUMER)

    You have various rights to cancel the Agreement with us, as set out below.

    • Because you have changed your mind

    You have the right to cancel or change any of your current orders, whether for the provision of Products, prior to dispatch by contacting us using the contact details set out above.

    You may be able to cancel your order because you have changed your mind and the cancellation period will start on the day you place your order and will end 14 days after you have taken physical possession of the Products. In this clause, a reference to “you” may also refer to a person you have nominated to accept a delivery of the Products on your behalf.

    You may be able to cancel your order because you have changed your mind but how long you have will have to change your mind will depend on the nature of your order how it was delivered as follows:

    • Defective Products

    Any Products supplied by us must be as described, fit for purpose and of satisfactory quality. If you placed an order for Products, any claim by you which is based on them being defective (i.e. being of unsatisfactory quality, unfit for purpose or not as described must be notified to us as soon as possible from the date of delivery (and in any case, within 30 days of delivery) or if the defect was not apparent on reasonable inspection within a reasonable time after discovery of the defect or failure. If you notify us accordingly, you are entitled to cancel your order and receive a refund. After this 30-day period you are entitled to a repair or replacement of the defective Products, but if you notify us that the Products are defective more than 6 months following delivery then we are entitled to require that you demonstrate that the Products were defective on delivery.

    If a Product supplied to you is defective, you will need to return it to us by post to us or if it is not suitable for posting allow us to collect it from you, in each case at our cost, and we will replace or repair the items free of charge or refund to you the price of the item(s) (see above for more information), but we will have no further responsibility to you after that under the Agreement. If the Products are not defective however, then other than as set out in these Terms, you will not be entitled to reject the Products or to receive a repair, replacement or refund.

    SECTION 9 - EXERCISING YOUR RIGHT TO CANCEL (IF YOU ARE A CONSUMER)
    • To exercise the right to cancel, you can contact us using our contact details set out above.

    • Please inform us by way of a clear statement (for instance by email) which includes your name, email address, details of the order, order number (if applicable), address and telephone number. You can use the cancellation form attached at the bottom of these terms if you wish, but it is not compulsory and should only be used where you wish cancel the Agreement because you have changed your mind.

    • Please note to meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    SECTION 10 - WHERE YOU DO NOT HAVE A RIGHT TO CANCEL
    • In certain circumstances and for instance as set out below, you will not have the right to cancel the Agreement between you and us.

    • In the case of Products which are not defective, your right is to cancel your entire order and we may refuse partial cancellations of the Products.

    • Other than where the Products are defective or where we have specifically set out that you are permitted to open the Products from their packaging, you will not be able to return them if you unseal or otherwise open the Products from their primary packaging (this does not include the larger box or package the Products were delivered in).

    • Where Products have been personalised to your requirements or are perishable, you will not be entitled to cancel the Agreement for the Products unless they are defective.

    • Where the Products have a hygiene element, we may accept returns if the returned Products are unopened, unused and intact in their original packaging in a condition which is suitable for resale, but we are not obliged to do so.
    SECTION 11 - EFFECTS OF CANCELLATION OF ORDERS
    • In the case of Products, if you cancel the Agreement between us in accordance with these Terms and you have already received the Products, you must return them to us either by post or if they are not suitable for posting, you must allow us to collect the Products from you. Other than where the Products are defective, you will be responsible for payment of returning the Products to us, including if we collect them from you.

    • If you are returning Products to us, you must send them back to us as soon as possible and not later than 14 days from the day on which you inform us that you wish to cancel the Agreement (provided this is done in accordance with these Terms). This deadline will be met if you send the Products back before this 14 day period expires.

    • If you have cancelled an order for Products in accordance with these Terms, we will reimburse to you all payments received from you (including any costs of delivery in relation to the Products), except that:
      • we will only be responsible for reimbursing delivery costs equivalent to the least expensive type of standard delivery offered by us and any additional costs will be borne by you; and
      • we may make a deduction from the reimbursement where there is a loss in value of any Products supplied as a result of unnecessary handling by you of such Products which goes further than was it reasonably necessary to establish the nature and characteristics of the Products. In circumstances where we have reimbursed you before having the opportunity to inspect the Products and it comes to our attention that that they have been mishandled, we may charge you an appropriate amount in relation to this.

    • We will make any reimbursement due to you as soon as possible and:
      • Where Products were already supplied to you, not later than 14 days after the day we receive the Products back from you or not later than 14 days after the day you provide us with evidence that you have returned the Products to the correct address (whichever is earlier); or
      • Where no Products were supplied to you, not later than 14 days after the day on which you informed us about your decision to cancel the Agreement;
      • Any reimbursement we make to you will be using the same method of payment as you used for the initial payment, unless you and us have expressly agreed otherwise.
    SECTION 12 - OUR RIGHT TO CANCEL
    • In relation to Orders for Products

    In certain circumstances, we may terminate the Agreement with you, for instance if you have failed to pay us for certain Products or where do you not allow us to deliver the Products (such as by failing to provide us with access as required). In such cases, you may be responsible for paying us compensation according to law.

    We may also cease to supply certain Products and in this case, we may terminate the Agreement but where you have already paid but not yet received them, we will reimburse you in full for the costs paid.

    • In relation to your use of the Site

    You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and/or Site (or any part thereof).

    SECTION 13 - WARRANTY CLAIMS
    • We provide a warranty for all Products for a period of 12 months from the date of purchase. Please note this Product warranty will not apply if we deem (acting reasonably) that the Product has been misused, neglected or tampered with, which includes any of the following (without limitation):
      • repairs or modifications made to the Product by any person other than us;
      • operation of the Product outside normal construction use;
      • not taking precautionary measures to prevent damage occurring to the Product (i.e., placing blades or sharp chisels directly inside pouches without additional covers);
      • storing the Product inappropriately;
      • hanging nail guns or other heavy items on the Products;
      • accidental damage to the Products by any person other than us or damage to the Products caused by environmental events;
      • natural ageing of the Product (e.g., stretching or fading of leather/nylon);
      • damage caused by exposure of extreme heat or cold to the Products; or
      • normal wear and tear.

    • If the Product is (a) subject to this warranty, (b) is not personalised or custom-made and (c) is defective but can potentially be replaced or repaired, we may in the first instance offer to give you a replacement of the Product instead of a refund. However, If we cannot repair or replace the Product within a reasonable time, we will offer to provide you with a refund.

    • If you need to make a warranty claim, please complete the form on our Contact page to begin the claim request.  Please include your order number and a description of the issues you're having. We'll aim to get back to you as soon as possible to work out whether or not your issue is covered by our warranty. 

    • Please note that you will be liable for all costs associated with sending/shipping your Product(s) back to us in order for us to fully assess and process your warranty claim. Whether or not you are eligible for a warranty claim, we will cover the delivery/shipping costs of getting your gear back out to you, however we won't refund the delivery/shipping costs from the original order. 
    SECTION 14 - INTELLECTUAL PROPERTY
    • For the purposes of this clause, “Intellectual Property Rights” means copyright, trademark, design, patent, semiconductor or circuit layout rights and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material.

    • You acknowledge that we own all Intellectual Property Rights in the Products and Services.

    • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products or Services without our prior written consent.

    • You must not transmit any worms or viruses or any code or content of a destructive nature that may harm or disrupt the Service.
    SECTION 15 - PROHIBITED USES
    • Without limiting any other rights we have or prohibitions imposed on you at law, you are prohibited from using the Site and its content, or any Products:
      • for any unlawful purpose;
      • to solicit others to perform or participate in any unlawful acts;
      • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
      • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
      • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
      • to submit false or misleading information;
      • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
      • to collect or track the personal information of others;
      • to spam, phish, pharm, pretext, spider, crawl, or scrape;
      • for any obscene or immoral purpose; or
      • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
      • We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses set out in this clause.
    SECTION 16 - THIRD-PARTY LINKS
    • Third-party links on this Site may direct you to third-party websites that are not affiliated with us.
    • We do not warrant the accuracy of content and other information contained on these third-party websites.
    • We exclude all liability for any damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction.
    • Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
    SECTION 17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
    • We reserve the right to, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

    • You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
    SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    • We are under a legal duty to supply Products that are in conformity with our Agreement with you.

    • As a “consumer” (within the meaning of the Consumer Rights Act 2015), your legal rights are not affected by any of these Terms. If, however you are not a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

    • Nothing in this Agreement shall limit or exclude our liability to you in any way where it would be unlawful for us to do so. This includes for instance liability for death or personal injury caused by either our negligence or that of our employees, staff or other third parties working on our behalf; for a breach of your legal rights in relation to the Products and/or Services supplied; and for fraud.

    • Subject to clauses 18.2 and 18.3, you acknowledge and agree that:
      • to the extent permitted by law, we will not be liable for, and you release us in respect of, any claim, loss, cost, damage or expense (“Claim”) arising out of any act or omission by you or your employees, officers or agents.
      • under no circumstances will we be liable to the you for any indirect or consequential loss, loss of income, profit or opportunity or for any contingent, consequential direct/indirect special, or punitive damages arising out of or in connection with these Terms of Service, at law or in equity.
      • we will also not be liable for defects, loss or damage arising out of or in connection with your misuse, neglect, or wilful destruction of any part of the Products or to any damage caused by or to the Products as a result of your continued use of any part of the Products after a defect has been detected or ought to have been detected by you.
      • unless otherwise stated on our Site, we do not guarantee, warrant, represent or otherwise state that any of our Products meet any specific safety or performance standards, other than any legal standards which we are required to adhere to in order to place the goods on the UK market. You are responsible for using the Product(s) safely and as directed. You must behave sensibly and follow any use instructions so as not to injure yourself or others. In the absence of any negligence or other breach of duty by us, the use of our Products is entirely at your own risk.
    • Other than as set out in these Terms, the parties agree that any liability for a Claim against us will be limited to the lesser of:
      • the re-supply of defective Products or Services (if applicable);
      • the cost of the re-supply of the defective Products or Services in question (if applicable); or
      • the contract price of the original supply of the Products or Services.
    SECTION 19 - PERSONAL INFORMATION

    Your privacy and personal information is important to us. Please see our Privacy Policy. Our Privacy Policy explains, when you use the Site and order Products from us, what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information as well as how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

    SECTION 21 - INSURANCE
    • We are and will remain insured in respect of potential liability, loss or damage arising at common law or under any statute in respect of claims for personal injury, public liability or economic loss relevant to the performance of our obligations pursuant to these Terms of Service.
    • As a minimum, we will hold:
      • product liability insurance

    SECTION 21 - FORCE MAJEURE

    We will not be liable to you for any loss or damage which may be suffered by you as a direct or indirect result of you being prevented, hindered or delayed in the performance of its obligations under these Terms of Service by reason of any act of God, war (whether declared or not), riot, strike, lock-out, trade dispute or labour disturbance, pandemic, accident, breakdown of plant or machinery, flood, drought, exercise of governmental authority or legislation, difficulty in obtaining workmen, materials or other circumstances whatsoever outside our control.

    SECTION 22 - DISPUTE RESOLUTION

    • We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page. In any dispute arising out of or in connection with these Terms of Service, both parties agree to first negotiate in good faith with the other party to resolve it.

    • If the dispute is not resolved by those negotiations within thirty (30) days, you agree that the matter may be referred to the Centre for Effective Dispute Resolution for resolution and you can submit a complaint through their website: https://www.cedr.com/. If you are not satisfied with the outcome you can still go to court.

    • These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live outside of England, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

    SECTION 23 - NOTICES

    All notices which are required to be given under these Terms of Service will be in writing and will be sent to the address of the recipient as may be set out in a proposal or such other address as the recipient may designate by notice given in accordance with this clause. Any notice may be delivered by hand, by pre-paid letter or email. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (except by pre-paid letter) or on transmission by the sender (if sent by email).

    SECTION 24 - SEVERABILITY

    In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 25 - NON-ASSIGNMENT
    • You must not assign, whether in whole or part, the benefit of these Terms of Service or any rights or obligations hereunder, without our prior written consent.
    • We may assign any rights or benefits under these Terms of Service without your prior written consent. You must do all things and sign all documents to give effect to any assignment by us.

    SECTION 26 - WAIVER

    A failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

    SECTION 27 - ENTIRE AGREEMENT

    These Terms of Service and any policies or operating rules posted by us on this Site or in respect of the Service or Products constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

    SECTION 28 - GOVERNING LAW

    English law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms.

    SECTION 29 - CHANGES TO TERMS OF SERVICE

    • Any new features or tools which are added to our Site will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page.

    • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.