NC Real Estate Terms and Conditions
IMPORTANT: READ CAREFULLY BEFORE PURCHASING ANY OF THE SERVICES ON https://ncrealestate.co.uk/ and www.ncrealestatemembersclub.com
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it;
if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
By purchasing any of the services on this site you are agreeing that:
- You have read this agreement,
- You understand it, and
- That you accept and agree to be bound by its terms.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘We’, ‘us’ or ‘our’ means Natasha Collins Real Estate Limited T/A NC Real Estate; and
- ‘You’ or ‘your’ means the person using our site to buy services from us.
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you purchase any of the services on our website. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2.1 Who we are. We are Natasha Collins Real Estate Limited trading as NC Real Estate a company registered in England and Wales. Our company registration number is 10710855 and our registered office is at 43 High Street, Avening, Tetbury, Gloucestershire, England GL8 8NF.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44(0)20 3286 9337 or by writing to us at firstname.lastname@example.org or to 43 High Street, Avening, Tetbury, Gloucestershire, GL8 8NF.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 We provide a number of products and services namely:
(a) Tailored consultancy services;
(b) The NC Real Estate Members Club;
(c) Property Investment Deal Analysis Course;
(d) Finding your Goldmine Area Course; and
(e) 1:1 Telephone Calls with Natasha Collins (45 minutes).
Collectively “the Services”
The scope of the Services are explained further below.
- Tailored Consultancy Services
4.1 We provide tailored consultancy services relating to property investment and property/asset/portfolio management on request. How these services are provided will depend on the specific service you require but will normally take the form of a detailed and comprehensive report.
4.2 To request a tailored consultancy service, you must email a brief of the services you require to email@example.com. You should provide as much detail as possible at this stage as it will ultimately determine the fee payable. We may request further information from you to enable us to fully understand the service you require. This will be done via email or telephone as appropriate.
4.3 Once the scope of the service has been agreed, we will provide you with a fee quote via email. This email constitutes our offer to you. If you are satisfied with the scope and the fee you must respond via email indicating that you are in agreement with the scope of works and the fixed fee. This will constitute your acceptance of our offer to provide this service.
4.4 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service.
4.5 We will then give you an estimated timescale within which we expect to carry out the consultancy service. While we will endeavour to provide the consultancy service within this time frame it may be extended at our discretion. We will inform you of any changes to the time scale.
4.6 If you would like to change the scope of the service beyond what was initially agreed you must email us as soon as possible. If we agree to amend the scope of the services to be provided, we may have to amend the estimated time frames and the agreed fee. This will be done via email and we will only commence/continue work in the matter where we have your express agreement to the amended terms.
- The NC Real Estate Members Club
5.1 We provide exclusive membership to the NC Real Estate Members Club. What you will receive as part of this membership is set outbelow. You understand that this is indicative only and that we may at our absolute discretion vary the Membership content from time to time.
5.2 The Membership will consist of 5 elements:
(a) Access to exclusive materials relating to property investment and property/asset/portfolio management and strategy.
(i) These materials will take the form of pdf. downloads, webinars and audio and/or visual presentations (live and pre-recorded). This material will be updated on a regular basis and the content of the materials will change depending on the needs of the members, changes in the real estate market and current affairs.
(b) Access to unlimited live Q & A sessions
(i) As a member you will have the opportunity to book onto our Q & A sessions. These sessions will be run on a regular basis (once a week minimum). There is no limit to the number of sessions you may book onto while you are an active member.
(ii) The Q & A sessions will be live and you will have the opportunity to send us your questions in advance of the session so that these can be discussed with Natasha Collins and other members who have chosen to join the session.
(iii) The Q & A sessions will generally last 60 minutes during which time all questions which were submitted prior to commencement of the session will be answered and discussed. Please note that this includes the answering of your questions and the questions of the other members attending the session. While we will endeavour to answer all questions submitted during the 60 minutes session, occasionally the sessions will run over this time frame.
(iv) To book your session you must visit our online booking system and choose the session you wish to join from the calendar. Once a session has been selected you will be asked to provide your three questions/topics for discussion. These questions/topics for discussion must be provided as soon as possible before the commencement of the session but in any event no later than 24 hours before the session is due to commence. While you can submit more than 3 questions please note that the ability to answer more than 3 questions will depend on the time available for each member. If we are able to accommodate more than 3 questions during the session, we will do so however this is not guaranteed. The order of the questions to be answered will be at our full discretion.
(v) Please be aware that the questions you have submitted will be shared with the other members joining that particular session. As such, please do not share any information you consider to be sensitive or confidential whether it be in the form of a question or what you say during the live session.
(c) Monthly Masterclass
(i) Each month we will provide a monthly masterclass in the form of a live session or a pre-recorded webinar. The topic of each masterclass will change from month to month depending on the needs of the members and it will reflect important newsworthy issues and changes in the real estate market at that time. Occasionally these masterclasses will be updated on important issues which were covered in previous classes.
(ii) We will occasionally ask guest speakers to run these masterclasses.
(d) Access to our Facebook community page
(i) As part of your membership you will also be given access to our private Facebook Group. We will endeavour to post helpful comments and relevant material to the group and you will have the opportunity to ask questions and discuss your experiences with other Course members.
(e) Private email advice
(i) If you require private advice or you are not comfortable sharing certain information with other members during a live Q & A session or on the facebook page, you may email us for specific advice.
(ii) We will endeavour to respond to your email within 2 business days however this may change from time to time.
- Property Investment Deal Analysis Course
6.1 The Property Investment Deal Analysis Course is a course that will teach you how to identify income generating property investments and will help you calculate the price you should pay for a particular property to allow you to hit your financial goals.
6.2 You will be provided with the following spreadsheets as part of the course which will assist you in your calculations:
(a) Buy to Let deal analysis;
(b) Re-mortgage analysis;
(c) Bridging Loan Analysis;
(d) Investor Analysis;
(e) HMO Analysis;
(f) Serviced Accommodation Analysis; and
(g) Simple Commercial Deal Analysis.
6.3 As part of this course you will also get training so that you know exactly how to use the above spreadsheets so that they work for your needs. This training will be provided in the form of pdf. downloads and pre-recorded webinars and transcripts.
6.4 In addition to the above you will also receive the following bonus materials:
(a) Bonus 1 – This will contain Due Diligence Checklists to ensure that you collect all the information you need before proceeding with your purchase.
(b) Bonus 2 – This will contain detailed training which will explain how to find relevant comparable evidence so that you can value your property and an additional spreadsheet so that you can track the evidence you have obtained.
- Finding your Goldmine Area Course
7.1 The “Finding your Goldmine Area Course” is a course which will help you find the area you want to invest in.
7.2 You will be provided downloadable pdfs, spreadsheets, workbooks and pre-recorded webinars and transcripts to assist you in identifying the right area for your investment.
- 45 minute 1:1 Call with Natasha Collins
8.1 If you have property investment questions directly related to your property portfolio that you would like to discuss in private, you can book a 45 minute 1:1 strategy session with Natasha Collins.
8.2 To book the call you must go through our online booking system. Once you have booked your time slot you will be redirected to a detailed questionnaire which must be filled out at least 24 hours before the call is due to commence. You will be required to include details of your portfolio and you will have the opportunity to ask three specific questions.
8.3 Once the completed questionnaire has been received by us we will provide confirmation of when the call will take place. The call will take place via Zoom and you will receive a link in a calendar invite. If you do not have access to Zoom please let us know as soon as possible so that other arrangements can be made.
9.1 When we will provide the Services
(a) If the products are one-off services. We will begin the services on the date we accept your order. The estimated completion date for the services is as told to you during the order process.
(b) If the service is a one-off purchase of digital content. We will make the digital content available as soon as practicable after we accept your order.
(c) If the products are ongoing services or a subscription to receive digital content. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract or we end the contract by written notice to you.
9.2 We are not responsible for delays outside our control. If our supply of the service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any service you have paid for but not received.
9.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the service late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Fees and payment
10.1 Tailored Consultancy Services
(a) As mentioned in clause 4.3 we will provide you with a fee quote once the scope of the services has been agreed. Before we can commence work in the matter you must pay 50% of the fee in advance. This can be done by bank transfer to the bank details set out below or via paypal. The remaining 50% will be payable upon completion of the service.
(b) If you want to amend the scope of the service,we may increase the fee. If the fee increases due to the change in the scope of the works you will be required to pay 50% of the increase before further work can be undertaken.
(c) Receipts will be provided once payment has been received.
10.2 The NC Real Estate Members Club
(a) The NC Real Estate Members Club is a monthly subscription service. The current monthly subscription fee can be found on our website. While this fee is subject to change at our full discretion, we will not increase your monthly subscription fee while you are an active member of the NC Real Estate Members Club. For example,if you became a member and the monthly subscription fee was £63p/m this will be your monthly subscription fee for life.
(b) If, however, you cancel your subscription and sign up again at a later date, you will be charged the monthly subscription fee applicable at that time moving forward.
(c) Payments will be accepted either by direct debit or via paypal.
(d) The subscription plan will consist of an initial charge and then followed by recurring period charges as agreed to by you. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
10.3 Property Investment Deal Analysis Course, Find Your Goldmine Area Course and 45 minute 1:1 Strategy Session with Natasha Collins
(a) The Property Investment Deal Analysis Course, Find Your Goldmine Area Course and 45 minute 1:1 Strategy Session with Natasha Collins are all one-time purchase services. When you select any of these options on our website you will be taken to a payment page where you can choose to pay by credit or debit card or via paypal.
(b) We reserve the right to change the price of these services at our full discretion however you will never be asked to pay an additional fee once you have purchased the relevant service.
- Access and Term
11.1 Tailored Consultancy Services
(a) Once the scope of the services and the fee has been agreed we will give you an estimated timescale within which we expect to carry out the consultancy service. While we will endeavour to provide the consultancy service within this time frame it may be extended at our discretion. We will inform you of any changes to the time scale.
11.2 The NC Real Estate Members Club
(a) You will be provided with a unique login and password to access the NC Real Estate Members Club dashboard. This is for your sole use and must not be shared with or used by any other person without our express permission.
(b) Access is provided on the basis you accept these terms and conditions.
(c) You will only be provided with access to the NC Real Estate Members Clubdashboard once you have made the relevant payments under clause 10.
(d) While we make every effort to ensure that your online access is available at all times, we do not represent, warrant or guarantee in any way our website’s continuedavailability at all times or uninterrupted use by you of our website or online materials.
(e) When you become a Member of the NC Real Estate Members Club you will have lifetime access to the dashboard until such time as you cancel your monthly subscription. The cancellation terms can be found at clause XX.
11.3 Property Investment Deal Analysis Course and Find Your Goldmine Area Course
(a) You will be provided with a unique login and password to access the courses. This is for your sole use and must not be shared with or used by any other person without our express permission.
(b) Access is provided on the basis that you accept these terms and conditions.
(c) You will only be provided with access to the Course once you have made the relevant payments under clause 10.
(d) Once access has been granted you will be entitled to access to your personal Dashboard for life.
(e) While we make every effort to ensure that your online access is available, we do not represent, warrant or guarantee in any way our website’s continued availability at all times or uninterrupted use by you of our website or online materials.
11.4 45 minute 1:1 Strategy Session with Natasha Collins
(a) The strategy session with Natasha Collins will last 45 minutes. If this call takes place via zoom, the session will be recorded and sent to you for future use.
12.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you have the right to cancel within 14 days without giving any reason. However, you do not have the right to cancel if you request for the services to be provided during the cancellation period and the services are fully performed (i.e. the work is completed) during this period.
(a) Tailored Consultancy Services
(i) Once you have confirmed the scope of the service and the fee quote we will begin work in the matter. By doing so you are also requesting that we start providing the service during the cancellation period. If the work is completed within 14 days of this date you will lose your right to cancel. After 14 days the right to cancel will expire.
(b) The NC Real Estate Members Club
(i) Once you have purchased this service from our website you will have instant access. By purchasing this service you are also requesting that we start providing the service during the cancellation period. You will have 14 days from the date of purchase to exercise your right to cancel. After 14 days the right to cancel will expire.
(c) TheProperty Investment Deal Analysis Course and The Find Your Goldmine Area Course
(i) Once you have purchased these courses from our website you will have instant access to all the relevant material. At this point the services will have been fully performed and you will not have the right to cancel.
(d) 45 minute 1:1 Strategy Session with Natasha Collins
(i) Once you have booked and paid for a strategy session with Natasha Collins we will begin work in the matter. By booking the session you are also requesting that we start providing the service during the cancellation period. If the session is held within 14 days, the service will have been provided and you will lose your right to cancel. After 14 days the right to cancel will expire.
12.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) using the contact details at the top of this contract.
12.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.4 This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this contract. See also clause 10 below.
13.1 If you cancel this contract, we will reimburse to you all payments received from you unless you requested us (as described in clause 12) to start providing the services during the cancellation period, in which case:
(a) Tailored Consultancy Services
(i) We will retain the 50% of the fee which was paid in advance for the services we provided up to the time you told us that you want to cancel this contract unless you lost your right to cancel as the services were fully performed (i.e. the work completed) during the cancellation period
(b) The NC Real Estate Members Club
(i) You must pay the first month’s subscription;
(c) The Property Investment Deal Analysis Course and The Find Your Goldmine Area Course
(i) The full price under this contract as you will have lost the right to cancel as the services were fully performed (i.e. the work completed) during the cancellation period;
(d) 45 min 1:1 Strategy Session with Natasha Collins
(i) You must pay for the services we provided up to the time you told us that you want to cancel which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract, or the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (ie the work was completed) during the cancellation period.
13.2 We will make any reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
13.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
14.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
(a) the services must be carried out with reasonable care and skill;
(b) you must pay a reasonable price for the services, and no more, if you and we haven’t fixed a price for the services; and
(c) we must carry out the services within a reasonable time, if you and we haven’t fixed a time for the services to be carried out.
15.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
(a) contact us using the contact details at the top of this page; or
(b) visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
15.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
15.3 Please contact us using the contact details at the top of this contract if you want:
(a) us to repeat the services;
(b) us to fix the services; or
(c) a price reduction.
16.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
- Conditions of Use
17.1 As a condition of your participation in the any of the Services, you agree:
(a) not to use any NC Real Estate material for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
(b) not to defame, disparage anybody or post anything on social media about the Course or NC Real Estate or any of its representatives in a manner which is obscene, derogatory or offensive; and
(c) to be responsible for ensuring that your use of the Course materials is consistent with all applicable laws and regulations.
17.2 We reserve the right to prevent or suspend your access to your personal dashboard if you do not comply with any part of these terms and conditions or any applicable law.
18.1 None of the materials provided in respect of any of the Services may be reproduced or transmitted in any form or by any meansor stored in any retrieval system of any nature without prior written permission.
18.2 Any information you download or any answers we provide to you may not be distributed or disseminated to any person.
- Promotional Material
19.1 By accepting these terms and conditions you agree and acknowledge that we may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in any of the Services, including any specific results experienced by you over the course of such participation.
19.2 You agree and acknowledge that clause 14.1 includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to the Course.
20.1 Nothing provided to you in connection with any of the Services should be regarded by any person as tax or legal advice: it should not be relied on; and we assume no liability whatsoever to any person.
20.2 The Services relate to property investment and property/asset/portfolio management coaching services only. By agreeing to these terms and conditions you agree and understand that the Services guarantee no specific results and you acknowledge that we do not take any responsibility for your success or lack thereof in making use of the material or information provided. Any reliance you place on the information or material provided by the Services is at your own risk.
20.3 We will not recommend investment deals. You will be solely responsible for determining whether the property or investment is suitable. We recommend that where you are purchasing any property you utilise the services of an independent Chartered Surveyor and obtain an independent survey and valuation of the property prior to purchasing.
20.4 You or your appointed solicitor will be solely responsible for making any local search or other enquiries of local or any other authorities or investigations of title regarding the property.
- Warranty and Limitation of Liability
21.1 We make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Services including without limitation as to completeness, accuracy and currency or any content and information provided in relation to the Services, or as to satisfactory quality, or fitness for particular purpose.
21.2 To the maximum extent permitted by applicable law, we exclude all liability whether arising in contract, tort, breach of statutory duty or otherwise.
21.3 Under no circumstances shall we be liable to you for any damages, including but not limited to the following(whether direct or indirect):
(a) loss of profit;
(b) loss of data;
(c) loss of use;
(d) loss of production;
(e) loss of contract;
(f) loss of opportunity;
(g) loss of savings, discount or rebate (whether actual or anticipated);
(h) harm to reputation or loss of goodwill.
21.4 We will not be liable to you for any other pecuniary loss whether under contract, warranty, tort (including negligence) products liability or otherwise.
21.5 We shall not be liable for consequential, indirect or special losses.
21.6 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
- No Refund
22.1 We operate a strict no refund policy. By accepting these terms and conditions you agree and understand that you are forgoing the right to claim any refund of fees paid for the Services and you agree not to request any such refund.
23.1 If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
24.1 We maintain Public Indemnity Insurance at all times and policy documents will be available on request.
- Intellectual Property
25.1 The Services and all content provided through these Servicesare owned and operated by NC Real Estate and/or its licensors. NC Real Estate and its licensors reserve all rights.
25.2 The Services and the materials provided through these servicesare for your personal use. You may download materials made available to you but you may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content of the material unless expressly authorised by us.
25.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material provided through the Services belongs to NC Real Estate and/or its licensors. All rights are reserved for the benefit of NC Real Estate and/or its licensors. Nothing in these terms and conditions grants you any rights or interest in the Services or the materialsprovided whether by implication, estoppel, or otherwise.
25.4 Any and all trademarks or service marks that we use in connection with services rendered by us are marks owned by NC Real Estate. These Terms and Conditions do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
25.5 We may monitor your use of the Services and any content uploaded.
25.7 Our website may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
- Events beyond our Control
27.1 We shall have no liability to you for any breach of these Terms and Conditions caused by any event or circumstance beyond its reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
28.1 We reserve the right to terminate access to your personal dashboard at any time if you do not comply with any part of these Terms and Conditions.
28.2 We may prevent or suspend your access to any of the services if you do not comply with any part of these Terms and Conditions.
28.3 Conditions 13 and 21 will survive termination of these Terms and Conditions.
- Complaints and Regulation
29.1 We operate a Complaints Handling Procedure in accordance with RICS guidelines. A copy is available upon request.
29.2 We are regulated by the Royal Institution of Chartered Surveyors whose website is www.rics.org
29.3 If you are minded to make a complaint our details are as follows:
(a) Registration Number: 790481
(b) Membership Number: 6109689
- Cumulative Remedies
30.1 The rights and remedies provided in these Terms and Conditions for NC Real Estate only are cumulative and not exclusive of any rights and remedies provided by law.
- Entire Agreement
31.1 The Parties agree that these Terms and Conditions constitute the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
31.2 Each party acknowledges that it has not agreed to the Terms and Conditiionsin reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Terms and Conditions. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Terms and Conditions.
31.3 Nothing in these Terms andConditions purports to limit or exclude any liability for fraud.
32.1 No variation of the Terms and Conditionsshall be valid or effective unless it is in writing, refers to these Terms and Conditions and is duly signed or executed by, or on behalf of, NC Real Estate.
33.1 You may not assign, subcontract or encumber any right or obligation under the Terms and Conditions, in whole or in part, without our prior written consent
- No Partnership or Agency
34.1 The parties are independent persons and are not partners, principal and agent or employer and employee and the Terms and Conditions do not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
- Equitable Relief
35.1 You recognise that any breach or threatened breach of the Terms and Conditions may cause us irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to us, you acknowledges and agrees that we are entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
36.1 If any provision of the Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Terms and Condition shall not be affected.
36.2 If any provision of the Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
37.1 No failure, delay or omission by the Terms and Conditions in exercising any right, power or remedy provided by law or under the Terms and Conditions shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
37.2 No single or partial exercise of any right, power or remedy provided by law or under the Agreement by us shall prevent any future exercise of it or the exercise of any other right, power or remedy by us.
- Third Party Rights
38.1 Except as expressly provided for, a person who is not a party to the Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Terms and Conditions.
- Governing Law
39.1 The Terms and Conditions and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
40.1 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms and Conditions, its subject matter or formation (including non-contractual disputes or claims).