The Trend Website Terms and Conditions

1. Definitions

In these terms and conditions:

1.1.   'Our', 'We', 'Us' and The Trend Website means the owners of this website whose registered office is Jellyhaus Ltd, the Old Office Estate, Church road, Sherbourne, Warwickshire, CV35 8AN, registered number 06756425.

1.2.   'You' and 'your' means the person accessing the site and includes any business with which you are associated and on behalf of which you use the site.

1.3.   'Content' means the public access materials and content available on our site

1.4.   'Site' means www.trendwebsite.com

1.5.   'Subscriber Agreement' means the subscription licence and user agreement for the provision of our services

1.6.   'Goods' means products from the Boutique area of the site that you purchase from our site other than services supplied under the Subscriber Agreement.

1.7.   This legal notice applies to the entire contents of this website under the domain www.trendwebsite.com and any related domains to any correspondence by email between us and you.

2. Our Contract

2.1.   Our site is intended for use within a commercial environment. By using our site you agree to the following terms and conditions. These terms and conditions govern your use of our website. Please read these terms and conditions carefully before using this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately and inform The Trend Website Ltd so we can cancel your subscription.

3. Licence to use site

3.1.   You have a personal, non-transferable, non-exclusive licence to view that part of the content which is available for public view on the site. You may search, view, copy and print out this limited content for your own business use and bookmark any page. You may not link to our site without our prior agreement in writing using the provided form in the 'About Us' section of the website.

4. Content

4.1.   All drawings, images, descriptive matter, specifications, colours and fonts contained in our site are issued or published for the sole purpose of giving an approximate idea of the content described in them. They shall not form part of any contract between you and us.

5. Exclusions and limitations

5.1.   We give you no warranty or assurance about the site. In particular: Information may be incorrect or out of date, and may not constitute a definitive or complete statement of the content available in accordance with the Subscriber Agreement in any area. All implied warranties and conditions are excluded, to the maximum extent permitted by law.

5.2.   Your use of and browsing on this website are at your own risk. Neither the Trend Website Ltd nor any other party involved in creating, producing or delivering this website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this website. In addition, The Trend Website Ltd disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users.
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

6. Links to other sites

6.1.   Certain links, including hypertext links, in our site will take you outside our site. These links are provided for your convenience and unless expressly stated, these sites are not under the control of The Trend Website Ltd. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or those in control of them.

7. No commercial use

7.1.   You agree that you will use our site only for your internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.

8. Variations

8.1.   We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Such changes will be effective immediately upon posting on the website and the posting will constitute sufficient notice for a change in terms. You agree that you will periodically check and review these terms to keep informed of any changes. If upon receiving any notice, you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.

9. Your Information

9.1.   You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

10. Copyright

10.1. All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

11. Access

11.1. We reserve the right in our sole discretion to deny you access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.

11.2. Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

12. Applicable Law and Jurisdiction

12.1. These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

User Agreement

Property of Licensor

This Service is only available remotely from our server and any copies which are saved to your PC will be for temporary use only in order to facilitate your use of the Services. No other copying is permitted. The copyright, database rights and any other intellectual property rights in the programs and data which constitute this software Services and associated materials together with any hard media on which they were supplied to you, are and remain the property of the Licensor. You are licensed to use them only if you accept all the terms and conditions set out below.

Licence Acceptance

By clicking on the acceptance button which follows this Licence Agreement (marked 'I accept these terms and conditions') you indicate acceptance of this licence agreement and the limited warranty and limitation of liability set out in this licence agreement. Such acceptance is either on your own behalf or on behalf of any corporate entity which employs you or which you represent.
You should therefore read this Licence Agreement carefully before clicking on the acceptance button. If you do not accept these terms and conditions, you should click on the 'reject' button, delete the materials from your computer. Any money you paid to the Licensor for the Services will be refunded.

1. Definitions

In this agreement the following words shall have the meanings given in this clause:

1.1. Commencement Date

The date set out in the Licence Agreement or confirmed by the Licensor in acknowledgement of the Licensee's online application which shall also be the first date on which the Services is deemed to have been made available for use by the Licensee.

1.2. Content

The content of the materials to which the Licensee has subscribed and which are delivered to the Licensee as part of the Services and/or on the Website under the terms of this Agreement from time to time INCLUDING: Reports, Features and Articles found in the Trendhaus, information posted by the Trend Website or fellow subscribers in the Trend Safari and Trend Cafe and full articles from the Rummager section of the website.

1.3. Fees

The price paid by the licensee for the selected services

1.4. Intellectual Property Rights

Any copyright, extended or revived copyright, database right, design right, registered design right, patent, trade mark, or any similar right exercisable in any part of the world, including any application for registration of any patent, trade mark, registered design or similar registrable rights in any part of the world.

1.5. Licence Agreement

The agreement made between the Licensor and the Licensee online or in writing in relation to the provision of the Services and incorporating these terms and conditions

1.6. Normal Business Hours

09:00 to 18:00 Monday to Friday

1.7. Services

The delivery of all or part of the Content and applications made available on the Website for which the Licensee has subscribed and identified in the Licence Agreement and/or in the Licensee's online application

1.8. Permitted User

A person who is either: an employee of the Licensee or where the Licensee is a company any company in the same group of companies as the Licensee including any subsidiary or holding company (as defined in the Companies Act 1985); or an individual performing the functions of an employee on a temporary basis, independent contractor or consultant who is performing work for the Licensee who is authorised by the Licensee to access the Services

1.9. Term

The period from the Commencement Date for the period of the Subscription Services as set out on the first page of this Agreement

1.10. Website

The Licensor's website is www.trendwebsite.com

2. The Licence

2.1.   Provided that the Licensee has paid the applicable Fees, the Licensor grants to the Licensee a limited, non-exclusive licence to use the Content provided in accordance with the Services including the right to download materials on any computer system owned, leased, and/or controlled by the Licensee or any Permitted User.

2.2.   The Licensor retains control and ownership of the entire form and content of the Content and the Services. Neither the Licensee nor the Permitted Users will acquire any ownership of the Services or of any Intellectual Property Rights in the Services or the Content made available under this Agreement.

2.3.   The Licensor may alter the form and content of the Services from time to time. The Content is either owned by the Licensor or is licensed to it from third party providers. Should any license agreement with third party provider be terminated or suspended for any reason then the Licensor reserves the right to withdraw that part of the Content from the Services until such time as the Licensor is able to replace such content directly or via another third party source.

3. Licence Restrictions

3.1.   The Licensee and each Permitted User may not use, copy, modify or transfer the Services or any Content or copy thereof, in whole or in part, including all or part of any Content, except as expressly provided for in this Licence Agreement. If the Licensee transfers possession of any Content provided to the Licensee as part of the Services to another party except as provided above, the licence granted will be automatically terminated.

3.2.   The Licensee and each Permitted User may include the Content in internal reports and/or reports to customers and clients of the Licensee or within presentations and information provided to the press or other gatherings of third parties provided that the source of the relevant Content of such reports is fully attributed to the Licensor and it is acknowledged that the Intellectual Property Rights in the Content belong to the Licensor.

3.3.   The Licensee may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Content, except as expressly permitted by this Agreement.

3.4.   The Licensee must not vary, delete or obscure any notice of proprietary rights or any Licensor identification or restrictions on or in the Content.

3.5.   The Licensee shall ensure that each Permitted User is aware of and complies with the conditions of use of the Services as contained in this Agreement or which may from time to time be communicated by the Licensor to the Licensee by means of on-screen notices via the Website and/or contained within the Services.

4. Registration

4.1.   On successful completion and authorization of the Licensee's application the Licensor will:

4.1.1. notify the Licensee by email of the confirmed status and user id of the Permitted Users;

4.1.2. Invite the Licensee to select passwords for the Permitted Users. The password the Licensee uses in registering for access to the Services is known only to the Licensee but the Licensee may request the Licensor to re-set a password at any time

4.2.   The user ID and password will permit the Licensee and the Permitted Users to access the Permitted Users' area of the Website and in consideration of this Licensee undertakes as follows:

4.2.1. To keep the username and password confidential and to remain solely responsible for the use of such username and password;

4.2.2. To notify the Licensor immediately if the Licensee knows or suspects that any other person has become aware of the Licensee's passwords; and

4.2.3. To notify the Licensor immediately on departure from the Licensee's place of business of any of the Permitted Users.

4.3.   Your creation of an account is further affirmation or your representation and warranty.

5. Fees

5.1.   The Licensor will issue an invoice for the Licensee on signature of this Agreement or on the Commencement Date, whichever is the earlier for the amount of Fees payable for the Content and Services Selected. The Fees are payable in full within 30 days of the date of invoice.

5.2.   If the Licensee fails to make payment on the due date then, without prejudice to any other right or remedy available to the Licensor, the Licensor shall be entitled to suspend the Licensee from access to the Services until such time as any outstanding Fee is paid or the Agreement is terminated.

5.3.   The Licensor reserves the right to vary the standard rate of Fee if the number of Permitted Users is varied during the Term and on the renewal of this Agreement on each anniversary of the Commencement Date. If the Licensee continues to use the Services under the terms of this Agreement following notification of any such variations in the Fees the Licensee shall be deemed to have accepted the revised Fees.

5.4.   You may access certain areas of our website at no cost. In order to access the full website and all of the services associated with it, including access to the Trendhaus and Trend Club, you must become a full member by paying the subscription charge. We can change the subscription fees for the service at any time but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by writing to our address listed above.

5.5.   Initial trial access to our website will be a period of 30 days. In order to gain access during this period we will require your accurate and up to date personal details to activate your account. This will include your payment method for subsequent months should you wish to become a member at the end of the trial. At the end of the 30 day period you will be charged the current monthly subscription fee directly from your bank account unless you inform us in writing before the end of the 30 days that you do not wish this to happen.

5.6.   You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify The Trend Website Ltd if your method of payment is cancelled or if you become aware of a potential breach of security such as unauthorised disclosure of your username or password. If you fail to provide thetrendwebsite.co.uk any of the foregoing information, you agree that thetrendwebsite.co.uk may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service (confirmed in writing upon request of thetrendwebsite.co.uk)

6. Use of Communication facilities (“The Trend Club”)

6.1.   When using the live communication system on the website, namely the 'trend Cafe', you do so in accordance with the following rules:

6.1.1. You must not use obscene or vulgar language

6.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.

6.1.3. You must not submit Content that is intended to promote or incite violence

6.1.4. It is advised that posts using the communication facility and communications with The Trend Website Ltd are made using the English language as we may be unable to respond to enquiries submitted in any other languages

6.1.5. You must not post links to any other websites containing any of the above types of content

6.1.6. The means by which you identify yourself must not violate these terms of use or any applicable laws

6.1.7. You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental

6.1.8. You must not impersonate other people, particularly employees and representatives of The Trend Website Limited or our affiliates and

6.1.9. You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”

6.2.   You acknowledge that The Trend Website Limited reserves the right to monitor any and all communication made to us or using our system.

7. User Generated Content (“The Trend Safari” and “Moodboard” functions)

7.1.   In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose within the “Trend Safari” application.

7.2.   You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.

7.3.   You grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

7.4.   Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

7.5.   We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

7.6.   Any material that you transmit or post to this website in the “Trend Safari” area which you have chosen not to be hidden from other users will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designers will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.7.   Thetrendwebsite.co.uk may review and delete any content, messages, photos, images and video that is posted in the public area (“The Trend Safari”) that in the reasonable judgement of thetrendwebsite.co.uk violate this Agreement or which might be offensive, illegal, or that might violate the rights of members.

7.8.   The following is a partial list of the kind of Content that is prohibited on the Website. Thetrendwebsite.co.uk reserves the right to amend this list at any time and to investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes content that:

7.8.1. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.8.2. harasses or advocates harassment of another person;

7.8.3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

7.8.4. promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene, defamatory or libellous;

7.8.5. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

7.8.6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

7.8.7. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

7.8.8. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

7.8.9. Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

8. Warranty, liability and Indemnity

8.1.   The Licensor warrants that:

8.1.1. It will use all reasonable endeavours in accordance with good and current industry practice to ensure that the Services and the Website are virus-free;

8.1.2. It will use all reasonable endeavours to ensure that any interruption to the availability of the Website will be kept to a minimum and that where practicable the Licensee will be given prior notice of any such interruption to the availability of the Website where the Licensor considers that the expected duration of any such down-time justifies telling the Licensee.

8.2.   The Licensor shall not be liable under the warranty contained in clause 6.1 above if the Services fails to operate in accordance with the said warranty as a result of any modification, variation or addition to the Services not authorised by the Licensor or caused by any abuse, corruption or incorrect use of the Services, including use of the Services with equipment or other software which is incompatible. In particular the Licensee acknowledges that the Internet is not a completely reliable transmission medium. The Licensor does not accept any liability for any loss or damage which may arise, directly or indirectly from the use of or inability to access the Website by the Licensee or any Permitted User.

8.3.   Whilst the Licensor has used reasonable commercial endeavours to ensure that the Content does not infringe the Intellectual Property Rights of any third party, the Licensee must satisfy itself that any Content may be used in the market or territory in which the Licensee reproduces the designs and any such reproduction will therefore be at the Licensee's risk. The Licensor will not be liable for any claim made against or loss incurred by the Licensee arising from any claim that the Content infringes the Intellectual Property Rights of any third party where the Content is used other than within the terms of this licence and the Licensee will indemnify the Licensor against any loss or damage that may arise as a consequence of it doing so.

8.4.   Except as specified in this Agreement:

8.4.1. All express or implied representations (other than any fraudulent misrepresentation), warranties, conditions, guarantees and undertakings are excluded;

8.4.2. The Licensee assumes the entire risk as to the quality and performance of the Services;

8.4.3. in no event will the Licensor be liable to the Licensee for any damages, including any loss to profits, loss to savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Services, even if the Licensor has been advised of the possibility of such damages; and

8.4.4. This Agreement gives neither the Licensee nor the Permitted Users any rights against third party owners with respect to use of licensed Content by the Licensee and/or any Permitted User.

8.5.   The total liability of the Licensor and the Licensee's exclusive remedy under this Agreement shall, to the extent permitted by law, under no circumstances exceed the Fee paid by the Licensee in the Term of the Agreement preceding such claim. Nothing in this clause shall exclude the Licensor's liability to the Licensee in respect of death or personal injury solely and directly caused by its negligence.

8.6.   The Licensee warrants to the Licensor that:

8.6.1. The Licensee has the requisite power, authority and approvals to enter into and perform its obligations under this Agreement;

8.6.2. The information contained in any online application form is accurate;

8.6.3. the Licensee is not relying upon any statements, representations, promises or undertakings given by the Licensor that are not set out in this Agreement;

8.6.4. use of the Services by the Licensee does not and will not infringe any third party rights or the intellectual property rights of others of which the Licensee is aware; and

8.6.5. The Licensee will not damage, interfere with nor disrupt access to the Website or do anything that may interrupt or impair its functionality.

8.7.   The Licensee is responsible for the proper use of the passwords selected by it for access to the Website and the proper use of the Services and provision of the Service. The Licensee shall and shall require Permitted Users to keep passwords confidential at all times and in particular the Licensee undertakes as follows:

8.7.1. to keep user id and passwords confidential and to remain solely responsible for the use of such user id and passwords;

8.7.2. to notify the Licensor immediately if the Licensee knows or suspects that any other person has become aware of the Licensee's or any Permitted User's passwords;

8.7.3. The Licensee shall be responsible for any acts or omissions by any Permitted User which would constitute a breach or default under this Agreement whether or not such Permitted User is an employee of the Licensee.

8.8.   The Licensee shall indemnify the Licensor and, where relevant, any third party information provider or supplier, for any loss or damage suffered arising out of any breach of this Agreement or from any use of the Services and/or the Services by the Licensee and/or by any Permitted Users (whether or not acting within the authority of the Licensee).

9. Confidentiality

9.1.   The parties acknowledge and confirm that during the term of this Agreement and following its termination the parties shall treat as confidential and shall not (other than in the proper course of carrying out its obligations under this Agreement or as required by any applicable law) use or disclose to any person, firm or company, the terms of this Agreement and any confidential information relating to the Intellectual Property Rights of and the business of and belonging to the other party, nor permit its use or disclosure. This obligation of confidentiality shall not apply to information which is publicly known (through no fault of the non-disclosing party) or not of commercial value to such other party.

9.2.   No public announcement, press release or circular (other than required by law or regulation) concerning this Agreement will be made by either party without the prior consent of the other party, not to be unreasonably withheld or delayed.

10. Data Protection

10.1. The Licensee undertakes to the Licensor that it will comply with obligations equivalent to the obligations of a 'data controller' under the provisions of the seventh data protection principle as set out in Schedule 1 of the Data Protection Act 1998 in connection with the Licensee's use of the Services

10.2. In addition, the Licensee warrants that it has appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to personal data processed in connected with this Agreement;

10.3. The Licensee will indemnify the Licensor for any liability that the Licensor incurs as a result of a breach of this warranty.

10.4. The obligations set out in this clause shall remain in force notwithstanding termination of this Agreement.

11. Intellectual Property Rights

11.1. All Intellectual Property Rights in the Content and the Services and in any other information materials or data supplied to the Licensee and/or its Permitted Users by the Licensor shall remain vested in the Licensor or its third party licensor.

11.2. In the event the Licensor brings or is required to defend any claim in connection with the infringement of the Intellectual Property Rights or that the Intellectual Property Rights infringes any third party rights the Licensee shall give such assistance as the Licensor may reasonably require (at the Licensor's cost and expense).

12. Duration and Termination

12.1. This agreement will remain in full force and effect while you are a member of the Service. On expiry this shall be renewed by agreement for further periods of the same length on payment by the licensee of the licensors then current fees for the services subscribed for unless or until terminated under the provisions of this clause.

12.2. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you can postpone commencement of the Service until the seven working day cooling-off period has expired. However, if you choose to become a member and enter the Website, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under the above Regulations.

12.3. You may terminate your membership at any time, for any reason, effective upon receipt by us of your written or email notice of termination. You may contact us at our address listed below.

12.4. Without prejudices to our other rights under these terms and conditions or the rights of the other party, this Agreement may be terminated upon breech of these terms. In this circumstance we may take such action as we deem appropriate to deal with the breech, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

12.5. We may immediately terminate your membership and your access to the Service at any time because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership of the Service because you have breached the Agreement, we will refund any pre-payments made by you less reasonable costs and losses we have incurred. We can terminate this Agreement at any time by giving you reasonable advance written notice.

12.6. Termination of this Agreement may also occur immediately on a party giving written notice to the other party if an order is made or an effective resolution is passed for the liquidation or winding up of the other party, the other party enters into any composition with its creditors, the other party has a receiver, manager, administrative receiver or administrator appointed in respect of it or substantially all of its assets; or the other party is affected in any jurisdiction other than the United Kingdom by any matter of substantially similar effect to any of the matters referred to in this sub-clause.

13. Notices

13.1. Notices may be delivered or dispatched by email or post to the relevant addresses given in the Licence Agreement and/or contained in the Licensee's online application form. Where notice is given by email a confirmatory copy of such notice shall be sent by prepaid post, such notice being deemed to have been delivered three days after the date of posting but with effect from the date on which the original email was received if received during Normal Business Hours or at 09:00 on the next working day if received outside Normal Business Hours.

14. Force Majeure

14.1. Neither party shall be liable for any delay in performing its obligations hereunder if such delay is caused by circumstances beyond its reasonable control. Subject to the parties so delaying promptly notifying the other party in writing of the reasons for the delay (and the likely duration of the delay) the performance of such party's obligations shall be suspended during the period of the said circumstances and the party should be granted an extension of time for performance equal to the period of the delay. The provisions of this clause shall not apply to any obligation to make any payment due under this Agreement.

15. Entire Agreement

15.1. The terms and conditions set out in this Agreement, together with the general terms and conditions relating to the use of the Website from time to time, represent the entire agreement between both parties relating to the use of the Services and the Service and supersede all prior agreements and representations. It is however acknowledged that separate divisions, branches or business units of the Licensee, or entities forming part of the Licensee's group of companies, may independently enter into Licence Agreement to use the Services. Such independent Licence Agreements under separate contracts do not supersede and are not superseded by this Agreement.

15.2. If any provision of this Agreement is prohibited by law or judged by a Court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way effect other circumstances of or the validity or enforcement of this Agreement.

16. Waiver

16.1. No failure or delay by any party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power and/or remedy. Neither party will be liable for any loss or failure to perform an obligation due to circumstances beyond its reasonable control.

17. Variation

17.1. This Agreement may not be released, discharged, supplemented, interpreted, amended, varied or modified in any manner except by an instrument in writing signed by a duly authorised officer or representative of each of the parties.

18. Law

18.1. These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.