Whatsapp our painting and decorating service in Leeds

Service Agreement +
Terms & Conditions

1. General Service Agreement

Chapman Family Decorating Standard Terms and Conditions

These terms and conditions shall be implied into all agreements between Chapman Family Decorators, whose principal business address is Radley House, Richardshaw Rd, Pudsey, LS28 6LE (the “Contractor”), and a Client for services provided by the Contractor to the Customer (the “Customer”) and shall be collectively known as the “Parties.”

1. Painting, decorating and related services

The Customer wishes to obtain the Contractor’s services to perform the work as specified on the customer invoice (the “Invoice”). (the “Services”). The Contractor agrees to furnish the labor, materials, and supplies necessary to perform the Services in accordance with the terms and conditions contained in this Contract. Contractor may decide, without the need for notice to be given to, or permission received from Customer, to perform Services by themselves, alongside additional contractors organised by Contractor, or entirely through external contractors organised by Contractor. Upon completion of the Services, the Contractor and/or the organised contractors will remove all materials, supplies, and other debris from the Property.

2. Client obligations

Prior to the commencement of the Services by the Contractor, the Client shall ensure that any personal items, furniture, and any other belongings which belong to the Client, are removed from any rooms, spaces, or buildings in which the Contractors will be performing the Services. The Contractor shall not be held responsible for losses caused (except as required by statute) by the failure of the Client to adhere to their obligations under this clause 2.

3. Changes in the Services

The Customer may request reasonable changes to the Services described in Section 1. Any changes to the Services must be in writing and signed by both the Contractor and the Customer. The Customer agrees that any changes to the Services may result in additional charges and extend the Painting Schedule described in Section 3.

4. Schedule for Services

The Contractor will complete the Services in accordance with the following schedule. The Customer agrees that all dates are subject to change if the Customer requests any changes or additions to the Services. Completion date is further subject to weather conditions.Upon completion of the Services, the Client is entitled to request one (1) visit, free of charge, for the Contractor will return to undertake minor touch-up works to works previously undertaken by the Contractor. Any further visits of this nature by the Contractor (except for the free visit described above) shall be chargeable to the Client at the Contractor’s standard daily rate.

5. Payment Schedule

The Customer agrees to pay the Contractor the Total Payment specified on the Invoice for the Services. A Payment of 10% of the net Invoice price shall be payable seven (7) days before the scheduled start of the provision of the Services. The remainder shall be payable in staged payments agreed between the Parties and stipulated in the Invoice. The Contractor agrees to provide the Customer a breakdown of all costs (i.e., materials and labor) upon the Customer’s request.

6. Events beyond Contractor's control

The Customer agrees that if the Contractor is unable to complete the Services by the Completion Date because of reasons that were not caused by the Contractor (i.e., availability of necessary supplies, specific paint color, etc.) or because of events beyond the Contractor’s control (such as fire, flood, acts of God, vandalism, etc.), the Contractor will not be deemed to have breached this Contract and the time for the Contractor to complete the Services will be extended by the amount of time reasonably necessary for the Contractor to complete the Services and at a schedule agreeable to the Parties. The time for the Customer to pay the Contractor for the Services will be extended in the same manner.

7. Safety precautions

The Contractor will take all reasonable safety precautions in performing the Services. The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons and property. The Customer agrees to keep the Property clear of all known and potential hazards. The Customer further agrees to keep all pets out of the work area of the Property.

8. Termination

8.1
The Customer can terminate the Contract by giving written notice:

(a)
if the Contractor commits any material breach of this Contract and fails to correct the breach within ten (10) days of notice of the breach; or
(b)
if there is any repeated failure by the Contractor to provide the Services of an acceptable standard and to the reasonable satisfaction of the Customer.

8.2
The Contractor can terminate the Contract by giving written notice:

(a)
if the Customer fails to make the payments required and set forth in Section 4 within two (2) days of notice of failure to make a payment; or
(b)
if the Customer commits any other material, non-financial breach and fails to correct the breach within ten (10) days of notice of the breach.

9. Entire agreement

This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing signed by both Parties.

10. Dispute resolution and legal fees

In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

11. Legal and binding

This Contract is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Contract.

12. Severability

If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

13. Waiver

The failure of either Party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

14. Applicable Law

This Contract shall be governed and construed in accordance with the laws of England and Wales, without giving effect to any conflicts of laws provisions.

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2. Website Terms & Conditions

Introduction

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Chapman Family Decorators.You agree that by accessing our website, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE AND YOU MUST DISCONTINUE USE IMMEDIATELY.Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted.

1. User Eligibility

By using the Website, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website; (6) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the website for any illegal or unauthorised purpose; and (8) your use of the Website will not violate any website applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

2. User Registration

You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is website inappropriate, obscene, or otherwise objectionable.

3. Intellectual Property Rights

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, branding, video, text, photographs, and graphics on the Website (collectively, the“Content”) and the trademarks, service marks, and logos contained therein (the“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States, international copyright laws, and international conventions. The Content and the Marks are provided on theWebsite “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.

4. Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavours except those that are specifically endorsed or website approved by us.As a user of the website, you agree not to:

1. Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or theContent contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.

5. Use any information obtained from the Website in order to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Website in a manner inconsistent with any website applicable laws or regulations.

8. Use the Website to advertise or offer to sell goods and services.

9. Engage in unauthorised framing of or linking to the Website.

10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.

11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

12. Delete the copyright or other proprietary rights notice from any Content.

13. Attempt to impersonate another user or person or use the username of another user.

14. Sell or otherwise transfer your profile.

15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).

16. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.

17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.

18. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.

19. Copy or adapt the Website’s software, including but not limited to Flash,PHP, HTML, JavaScript, or other code.

20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.

21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorised script or other software.

22. Make any unauthorised use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

23. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavour or commercial enterprise.

5. Contribution License

You and the Website agree that we may access, store, process, and use any information and personal data that you provide following the terms of the PrivacyPolicy and your choices (including settings).

By submitting suggestions or other feedback regarding the Website, you agree that we can use and share such feedback for any purpose without compensation to you.We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding yourContributions.

6. Social Media

As part of the functionality of the Website, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website; or (2) allowing us to access your Third-Party Account, as is permitted under the website applicable terms and conditions that govern your use of each Third-Party Account for example by payment for tickets and any returns/issues/refunds. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the website applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website. You can deactivate the connection between the Website and your Third-Party Account by contacting us using the contact information below or through your account setting. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

7. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website ("Submissions")provided by you to us are non-confidential and shall become our sole property.We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or website misappropriation of any proprietary right in your Submissions.

8. Advertisers

We may allow advertisers to display their advertisements and other information in certain areas of the Website, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Website and any services provided on the Website or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

9. Website Management

We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms of Use;(2) take website appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

10. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY WEBSITE APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take website appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

12. Governing Law

These Terms of Use and your use of the Website are governed by and construed in accordance with United Kingdom law to agreements made and to be entirely performed within the United Kingdom without regard to its conflict of law principles.

13. Dispute Resolution

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the United Kingdom Courts. We shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

14. Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

15. Disclaimer

THE WEBSITE IS PROVIDED ON AN AS-ISAND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WEWILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,(3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THEUSE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ORIN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE WEBSITE APPROPRIATE.

16. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of theWebsite; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. User Data

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of theWebsite, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

19. Electronic Communications, Transactions and Signatures

Visiting the Website, sending use mails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

20. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of theseTerms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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