Website terms of use
Effective from 04 February 2019
until 19 November 2020
(superseding the previous version dated 18 January 2019)
Definitions and contact details
Unless the context clearly indicates otherwise, throughout this document, terms in the singular form shall include the plural (and vice versa) and any gender form shall include all others. General words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
The terms “we”, “us” and “our” refer to Solviq Ltd, a limited company registered in England and Wales under company number 08040908 and having our registered office at Lytchett House, 13 Freeland Park, Wareham Road, Lytchett Matravers, Poole, Dorset, BH16 6FA, United Kingdom.
Our VAT registration number is GB 135 3924 15.
To contact us, please write to us at our registered address, telephone us on +44 29 2014 0800, fax us on +44 29 2014 0801, or e-mail legal@solviq.com.
The terms “you” and “your” refer to the user or viewer of our websites.
Terms of use
This policy sets out the terms between you and us under which you may access a website owned or operated by us, which links to this document as its terms of use (hereinafter referred to as “our website”). The link may be in the form of a reasonable abbreviation such as “terms”, “T&Cs” or “legal”.
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1. By using our websites you accept these terms
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1.1. By browsing on or using our website you are agreeing to comply with and be bound by these terms and conditions which, together with the attached privacy policy, governs our relationship with you regarding the use of the website.
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1.2. If you do not agree to these terms, you must not use our websites.
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1.3. We recommend that you retain a copy of these terms for future reference.
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1.4. If you have accepted these terms on behalf of an organisation, you are responsible for ensuring that all members, employees or representatives of your organisation who access our websites are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
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1.5. In the event of conflict between a clause in these terms of use and a clause in any additional or supplementary terms of use that apply to a specific website, the clause of the additional or supplementary terms of use shall prevail.
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1.6. In the event of conflict between a clause in these terms of use and a contract of supply between us, the term of the contract of supply shall prevail.
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2. We may make changes to these terms
- 2.1. We may amend these terms from time to time and without notice to you. Every time you wish to use our websites, please check these terms to ensure you understand the terms that apply at that time.
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3. Availability of our websites
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3.1. Although we go to considerable effort to ensure the reliability of our websites, we do not guarantee that our websites, or any content therein, will always be available or be uninterrupted. Our websites are provided on an “as is” and “as available” basis.
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3.2. Although we go to considerable effort to secure our websites, we do not guarantee that our websites will always be secure or free from bugs or viruses.
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3.3. We may suspend or withdraw or restrict the availability of all or any part of our websites for business and operational reasons. We are not obliged to give you advance warning of maintenance.
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3. Accessing our websites
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3.1. You are responsible for providing and configuring your information technology to access our websites, including any Internet or network connectivity required.
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3.2. You are responsible for securing your information technology. You should satisfy yourself that you have taken adequate precautions to protect yourself against against the risks associated with using the Internet, including risks associated with malicious use of our websites by a third party.
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3.3. You may be able to access parts of our websites without having to register any details with us. However, from time to time certain parts of our websites may be accessible only if you are a registered user.
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4. Registering on our websites
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4.1. At our discretion, you may be offered the opportunity to register an account on our website.
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4.2. By registering you undertake that all the details you provide to us are true, accurate, current and complete; and you agree to notify us immediately of any changes to such information.
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4.3. You must not impersonate another person or organisation when registering for, accessing or using our websites.
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4.4. If you are under 18, you may only access our websites in conjunction with and under the supervision of a parent or guardian.
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5. You must keep your account details safe
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5.1. You are responsible for all actions taken under your account, including any charges incurred as a result of such actions.
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5.2. We may provide you with, or ask you to supply, access credentials for your account. “Access credentials” means the username, password, API key, user identification code or other access token required to gain access to our websites. You must treat your access credentials as confidential. You must not disclose them to any third party.
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5.3. If you know or suspect that anyone other than you knows your access credentials, you must promptly notify us. You should also change your own credentials if you are able to do so.
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5.4. We cannot accept responsibility for any actions taken as a result of lost credentials, including where an attacker has correctly guessed a simple password.
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6. How you may use material
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6.1. We are the owner or the licensee of all intellectual property rights in our websites, and in the content made available via them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
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6.2. The fact that material has been made available to you via our websites does not imply that the material has been published, nor that the material was intended for delivery to you by the owner.
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6.3. You may print or download a copy of any material from our websites for your personal use, or to draw to the attention of others within your organisation, provided you do not modify the copies in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
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6.4. You must not use any material obtained via our websites for commercial purposes,or in any way that would affect the market for the original work, or in any way that might cause the copyright owner to lose revenue, without first obtaining a licence to do so from us or our licensors.
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6.5. Where a separate agreement exists between you and the owner or licensee of material that has been made available to you via our websites, these terms are not intended to restrict your use of that material.
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7. How you may link to our websites
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7.1. You may link to our websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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7.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
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7.3. The resource within which you are linking must comply in all respects with the content standards set out in these terms and conditions.
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7.4. Our websites must not be framed or incorporated within any other website or service without our express written permission.
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7.5. We reserve the right to withdraw linking permission without notice.
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7.6. If you wish to link to or make any use of content within our websites other than that set out above, please contact us.
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8. Third-party content is not approved by us
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8.1. Our websites may distribute information and materials supplied by other users of the websites or by third parties. This information and these materials may not have been verified or approved by us, and may not represent our views or values.
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8.2. Where our websites contain links to resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked resources or information you may obtain from them.
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8.3. If you wish to complain about contributed or linked materials, please contact us.
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9. Do not rely on content we provide
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9.1. The content we make available via our websites is for information only, and is not intended to amount to professional advice.
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9.2. Although we make reasonable efforts to update the information we provide within our websites, we make no representations, warranties or guarantees, whether express or implied, that this content is accurate, complete or up to date.
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10. Our responsibility for loss or damage suffered by you
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10.1. Notwithstanding any other provision in these terms and conditions, 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.
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10.2. Different limitations and exclusions of liability may apply as a result of the supply of any products or services to you, which will be set out in our terms and conditions of supply.
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10.3. If you are a business user:
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10.3.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our websites or any content therein.
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10.3.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our websites; or
- use of or reliance on any content displayed on our websites.
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10.3.3. 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.
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10.4. If you are a consumer user:
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10.4.1. Please note that we only provide services to consumer users for domestic and private use. If you use our websites for any commercial or business purposes, you are a business user.
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10.4.2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice or instructions or for damage that was caused by you failing to have in place the minimum system requirements advised by us.
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11. Contributing material to our websites
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11.1. Whenever you make use of a feature within our websites that allows you to submit or upload material or to make contact with other users of our websites (to “contribute” material), you must comply with the content standards set out within these terms and conditions.
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11.2. You warrant that your contributions do comply with our content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
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11.3. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our services constitutes a violation of their intellectual property rights, or of their right to privacy.
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11.4. We are under no obligation to accept your contribution, and we have the right to refuse or to remove from display any contribution you make on our websites for any reason.
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11.5. You are solely responsible for securing and backing up your material.
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12. Rights you are giving us to use material you contribute
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12.1. When you contribute material, you are granting us a non-exclusive, transferable, royalty-free, worldwide, irrevocable, lifetime licence to store, distribute and process the material in connection with operating our websites.
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12.2. The original owner of the material retains all of their ownership rights in the material that you contribute.
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12.3. You consent that the material you contribute may be distributed to other users in the course of operating our websites. When you contribute material, the licence you grant us includes the right to sublicense the material to these users as laid out elsewhere in this document.
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12.4. You consent that our processing of contributed material may include reformatting, translating or excerpting from its original form.
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12.5. You consent that we may retain copies of the material you contribute, even after it appears to be inaccessible via our websites.
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12.6. We are under no obligation to retain any copy of your material. In the event of a dispute regarding the intellectual property in your contribution to our websites, the burden of proof lies with you.
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13. Content standards
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13.1. These content standards apply to any and all material which you contribute (“contributions”).
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13.2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
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13.3. Contributions must:
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13.3.1. Be accurate (where they state facts);
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13.3.2. Be genuinely held (where they state opinions);
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13.3.3. Comply with applicable law in the UK and in any country from which they are posted.
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13.4. Contributions must not:
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13.4.1. Contain any material which is defamatory of any person;
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13.4.2. Contain any material which is obscene, offensive, hateful or inflammatory;
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13.4.3. Contain or promote sexually explicit material;
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13.4.4. Promote violence;
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13.4.5. Promote discrimination based on any grounds, including race, sex, religion, nationality, disability, sexual orientation or age;
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13.4.6. Infringe any copyright, database right or trade mark of any other person;
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13.4.7. Be likely to deceive any person;
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13.4.8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
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13.4.9. Promote any illegal activity;
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13.4.10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
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13.4.11. Be likely to harass, upset, embarrass, alarm or annoy any other person;
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13.4.12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
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13.4.13. Give the impression that they emanate from us, if this is not the case;
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13.4.14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
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13.5. You must be capable of licensing the material to us as described above, even if you are not the original owner of the material.
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13.6. If your contributions contain personal data, you or your licensor must have obtained the explicit consent of the data subject for the storage and processing of their data by us, as set out in our privacy policy, before making the contribution.
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13.7. We are under no obligation to oversee, monitor or moderate the contributions to our websites, and we expressly exclude our liability for any loss or damage arising from the use of our websites by a user in contravention of our content standards, whether moderated or not.
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14. Acceptable use
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14.1. You may use our websites only for lawful purposes.
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14.2. You may not use our websites:
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14.2.1. In any way that breaches any applicable local, national or international law or regulation.
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14.2.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
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14.2.3. For the purpose of harming or attempting to harm or harrass any person in any way.
14.2.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out herein.
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14.2.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising, marketing or promotional material or any other form of similar solicitation (spamming).
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14.2.6. In connection with social engineering (e.g. phishing).
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14.2.7. To knowingly transmit any data, contribute any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
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14.2.8. To such extent that detrimentally affects other users’ access to our websites.
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14.3. You must not attempt to interact with our websites in a way that would constitute an offence under the Computer Misuse Act, including for example by attempting to gain unauthorised access or by delivering a denial-of-service attack.
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14.4. Unless conducted and reported within the scope of our responsible disclosure policy, we will report any security breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing any details we hold about you to them.
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15. Suspension and termination
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15.1. If in our reasonable opinion you have failed to comply with any of the provisions of these terms of use, we may:
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15.1.1. Temporarily or permanently suspend your right to use our websites;
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15.1.2. Temporarily or permanently remove any material contributed by you;
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15.1.3. Take legal action against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
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15.1.4. Disclose such information to law enforcement authorities as we reasonably believe is necessary.
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15.2. We exclude liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
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15.3. Our failure to take timely action in response to a breach of these terms does not constitute condonation or acceptance of the breach, and does not establish a precedent that future breaches will be acceptable.
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16. Complaints
- 16.1. If you have a comment, concern or complaint about any of our websites or our conduct in the implementation of our terms, conditions and policies, you should contact us.
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17. Which country’s laws apply to any disputes?
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17.1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
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17.2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
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17.3. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
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Related documents
This document should be read in conjunction with:
- Our privacy policy, to ensure you are aware of how we use your personal data when you use our websites.