Terms and Conditions
User Terms & Conditions
[Last updated: 8 July 2021]
The User Terms and Conditions (“User Terms”) set forth below apply between you, the User, and The Office Yoga Company, the owner and operator of this Website. Please read these User Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these User Terms is deemed to occur upon your first use of the Website. You must be at least 18 years of age to use this Website. If you do not agree to be bound by these User Terms, you should stop using the Website immediately.
1.1 “The Office Yoga Company” / “Company” and “we”/”us”/”our” refers to Anouska Shenn trading as The Office Yoga Company.
1.2 “User” and “you”/“your”/“yours” refers to any third party that accesses the Website who is not employed or contracted by us.
1.3 “Website” refers to the domain and contents of www.theofficeyogaco.com.
1.4 “Content” refers to any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, software and any other form of information capable of being stored on a computer that appears on or forms part of this Website.
2.1 To access certain parts of the Website, we may require you to register an account (“Account”) with us and provide certain information about yourself. Where you register for an Account on the Website, you will be required to choose a username and password.
2.2 You must use an email address originating from a corporate email domain to register. We cannot accept Account registrations or orders placed using a personal email address.
2.3 You are responsible for safeguarding the password that you use to access the Account. Your Account details must be used solely by you; sharing your username and password with any other person is strictly prohibited. Accordingly, you agree to maintain the security of your username and password and be fully responsible for all use of the Website made using your username and password.
2.4 You must ensure that the details you provide us at the time of registration and booking are true, accurate, current and complete. Such information must be maintained by you to ensure it is fully up to date.
2.5 Where your information (including sensitive financial or personal information) is provided to us (whether directly through the Website or otherwise), you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to us, we use encryption software to attempt to prevent unauthorised access to this information being obtained. Barring any negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
2.6 We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these User Terms.
2.7 You may cancel your registration at any time by informing us in writing. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect your statutory rights.
3. Website Disclaimer
3.1 Except where expressly provided otherwise, the Website, and all content, materials, information and services provided on the Website, are provided on an “as is” and “as available” basis. The Office Yoga Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Office Yoga Company makes no warranty that: (a) the Website will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any services offered through the Website will be accurate, compatible or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations.
3.2 Any content, materials or information downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. The Office Yoga Company shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials or information.
3.3 The Office Yoga Company reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (b) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (c) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
3.4 To the maximum extent permitted by law, The Office Yoga Company accepts no liability for any of the following: (a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (b) loss or corruption of any data, database or software; and (c) any special, indirect or consequential loss or damage.
4. Intellectual Property
4.1 All Content accessed on the Website is the property of The Office Yoga Company, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such Content is protected by copyright, trade marks, database rights and other intellectual property rights. No copying, modification, reproduction or distribution of the Content on the Website for any commercial or business use is permitted without our prior written consent.
4.2 All Company trademarks (whether registered or unregistered), graphics, logos, designs, page headers and icons are the intellectual property rights of The Office Yoga Company and neither they, nor any confusingly similar versions, may be used by you, including (but not limited to) as part of any trademarks, domain names and/or social media account names or tags without our prior written consent other than for the purpose of referring to The Office Yoga Company lawfully and in good faith.
5.1 You agree to indemnify and hold The Office Yoga Company, its officers, directors, predecessors, successors in interest, employees, agents, and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against The Office Yoga Company by any third party due to or arising out of or in connection with your use of the Website.
5.2 You agree to indemnify, defend and hold The Office Yoga Company harmless against any claims, demands, causes of action, liabilities, expenses (including legal fees), or damages arising from or relating to (a) your misuse of the Website; or (b) a breach of our User Terms.
6.1 If a provision of these User Terms is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect: (a) the enforceability or validity in that jurisdiction of any other provision of these User Terms; or (b) the enforceability or validity in other jurisdictions of that or any other provision of these User Terms.
7. Changes to These Terms and Conditions
7.1 We reserve the right, at our sole discretion, to modify or replace these User Terms at any time. Such revised User Terms will apply from the date of publication. You should check the User Terms regularly to ensure familiarity with the then current version.
7.2 By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised User Terms. If you do not agree to the new User Terms, in whole or in part, please stop using the Website.
Terms & Conditions of Business
[Last updated: 2 March 2022]
The Terms and Conditions (“Terms”) set forth below apply between you, the Customer, and The Office Yoga Company. Please read these Terms carefully, as they are legally binding. If you do not agree to be bound by these Terms, you should not proceed with booking our Services.
1.1 “The Office Yoga Company” and “we”/“us”/“our” refers to Anouska Shenn trading as The Office Yoga Company.
1.2 “Customer” and “you”/”your”/”yours” refers to the person, firm or company who wishes to book The Office Yoga Company’s Services pursuant to these Terms.
1.3 “Teacher” refers to the person or persons responsible for overseeing and teaching any Classes booked pursuant to these Terms.
1.4 “Class” refers to The Office Yoga Company’s corporate wellbeing classes and workshops, including yoga, Pilates, meditation, mindfulness, self-care and any other wellbeing activities as agreed with the Customer.
1.5 “Package Booking” refers to a discounted set of Classes purchased by the Customer.
1.6 “Order Date” refers to the date on which the Customer has received written confirmation of their Classes.
1.7 “Participant” refers to any person who takes part in any Class led by the Teacher (whether an On-site Class or via a Webcast).
1.8 “Venue” refers to the relevant location or locations where the Participants of the Class are situated whilst the relevant Class takes place.
1.9 “Liability Waiver” refers to an online liability waiver form to be completed by each of the Participants prior to taking part in a Class.
1.10 “Webcast” refers to a live or pre-recorded broadcast of the audio or video feed of a Class via the internet.
1.11 “On-site Class” refers to a Class taking place on the Customer’s business premises where the Teacher attends in person to teach the Class.
1.12 “Intellectual Property Rights” refers to patents; rights to inventions; copyright and related rights; moral rights; trade marks; business names and domain names; rights in get-up, goodwill and the right to sue for passing off; rights in designs; database rights; rights to use, and protect the confidentiality of, confidential information (including know-how); and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.13 “Services” refers to the services provided by The Office Yoga Company to the Customer pursuant to these Terms which involves the provision of Classes (whether On-Site Classes or Webcasts as the case may be).
1.14 “Website” refers to the domain and contents of www.theofficeyogaco.com.
2. The Contract, Billing, Cancellations and Rescheduling
2.1 Classes booked through our Website are billed at the time of purchase. Classes booked otherwise are usually invoiced (i) on the last working day of the month, or (ii) on the day the booking is confirmed (“the Billing Date”). The due date of the invoice will be 30 days after the Billing Date.
2.2 You may cancel or reschedule a Class without charge by providing a minimum of two working days’ written notice before the start of the Class. For example, in the case of Classes taking place on a Monday, you must notify us no later than the time the Class is scheduled to start on the preceding Thursday. Late cancellations will be charged in full. Admin fees are non-refundable.
2.3 Package Bookings are non-refundable once the first Class of the set has taken place. However, you may reschedule the remaining Classes by giving at least two working days’ written notice. Late cancellations will be charged in full.
2.4 Package Bookings of between 5 and 9 Classes must be booked within 6 months of the Order Date. Package Bookings of more than 10 classes must be booked within 12 months of the Order Date.
2.5 If the Teacher becomes unavailable for a Class we will attempt to replace them with another Teacher from our team. Where this is not possible, or where a Class is cancelled due to unforeseen circumstances, we will contact you by email or telephone to let you know as soon as is practicable. At the time of cancellation, we will offer you the choice between either (i) a refund, or (ii) a Class at an alternative date and time.
2.6 All amounts payable by the Customer under these Terms are exclusive of amounts in respect of value added tax chargeable from time to time (where applicable).
2.7 If the Customer fails to make a payment due to The Office Yoga Company under these Terms by the due date, then, without limiting any remedies that may be available to The Office Yoga Company under these Terms or by law, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
2.8 All amounts due under these Terms shall be paid in full without any set-off, counterclaim, deduction or withholding.
2.9 No booking shall be deemed accepted until such time as The Office Yoga Company provides written acceptance of such booking at which point the contract between the parties shall come into existence. The Office Yoga Company reserves the right to decline any booking without giving reasons, regardless of whether such booking is made through the Website or otherwise.
2.10 These Terms apply to the contract to the exclusion of any other terms that the Customer may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.11 (Where applicable) any quotation given by The Office Yoga Company shall not constitute an offer and is only valid for a period of 20 working days from its date of issue.
2.12 The Office Yoga Company shall use all reasonable endeavours to meet any dates for Classes as may be agreed, but time shall not be of the essence for performance of the Services.
2.13 The Office Yoga Company warrants to the Customer that the Services will be provided using reasonable care and skill but not further or otherwise.
2.14 The Office Yoga Company reserves absolute discretion on behalf of themselves and their Teacher to deliver the Services in the manner they see fit, and for the avoidance of any doubt, any outline or description of the Classes shall be for guidance purposes only.
3. Health, Safety and Customer Responsibilities
3.1 For On-site Classes, it is the responsibility of the Customer to ensure that the Venue they have chosen is safe and appropriate for a Class. For Webcasts, it is the responsibility of the Customer to procure that each Participant ensures that the Venue they have chosen is safe and appropriate for a Class. The Venue should be appropriately lit for the activity, flat, provide adequate space, and be free from obstructions or anything else that may impede the Participant or cause injury to them during the Class.
3.2 The Customer shall co-operate with The Office Yoga Company in all matters relating to the Services, in particular including (but not limited to) all matters concerning the health and safety of their Participants and in relation to any concerns The Office Yoga Company and/or the Teacher may have in carrying out a safe Class.
3.3 Prior to attending their first Class with The Office Yoga Company, Participants must acknowledge and complete our Liability Waiver, stating their agreement to the provisions contained therein. Any Participant who fails to complete the Liability Waiver shall not be permitted to take part in a Class.
3.4 We advise Participants not to take part in our Classes without first seeking advice from and gaining the approval of their general practitioner if they have any concerns over their ability to safely participate in a Class.
3.5 The Teacher reserves the right to refuse access to any Participant should they doubt the Participant’s ability to safely take part in the Class.
3.6 Barring any negligence on our part, The Office Yoga Company and the Teacher accept no responsibility for any injuries and damages which are sustained or aggravated by Participants in relation to our Classes.
3.7 If The Office Yoga Company’s performance of any of their obligations under these Terms is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
(a) without limiting or affecting any other right or remedy available to it, The Office Yoga Company shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve them from the performance of any of their obligations in each case to the extent the Customer Default prevents or delays The Office Yoga Company’s performance of any of their obligations;
(b) The Office Yoga Company shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from The Office Yoga Company’s failure or delay to perform any of its obligations as set out in this clause 3.7; and
(c) the Customer shall reimburse The Office Yoga Company on written demand for any costs or losses sustained or incurred by The Office Yoga Company arising directly or indirectly from the Customer Default.
3.8 The Customer shall indemnify The Office Yoga Company and the Teacher at all times from and against any claims, actions, demands, fines, liabilities, costs (including legal costs) and expenses arising from any breach by the Customer or their Participants of these Terms or any negligence on their part or on the part of their Participants (including in relation to any claims arising from Participant injuries caused by a failure to comply in full with the terms of this clause 3).
4.1 The Customer and the Participants agree not to copy, redistribute, reproduce, modify, record, transfer, broadcast, or make available to the public any part of the Webcast.
4.2 For Classes taking place on Microsoft Teams, recordings of the Webcast can be provided by The Office Yoga Company upon request and made available to view online for a period of one week under a password-protected URL.
4.3 All rights in the Webcast recordings shall belong wholly and exclusively to The Office Yoga Company.
5.1 If a provision of these Terms is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect: (a) the enforceability or validity in that jurisdiction of any other provision of these Terms; or (b) the enforceability or validity in other jurisdictions of that or any other provision of these Terms.
6. Changes to These Terms and Conditions
6.1 The Office Yoga Company reserves the right, at our sole discretion, to modify or replace these Terms at any time. Such revised Terms will apply from the date of publication. Customers should check the Terms regularly ahead of making a new booking to ensure familiarity with the then current version.
6.2 If a revision is material, we will make reasonable efforts to provide at least 30 days’ written notice to existing Customers prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.
7. Limitation of Liability
7.1 References to liability in this Limitation of Liability clause include every kind of liability arising under or in connection with these Terms including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.2 Nothing in this clause shall limit the Customer’s payment obligations under these Terms.
7.3 Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence; and
(b) fraud or fraudulent misrepresentation.
7.4 Subject to clause 7.3 (Liabilities which cannot legally be limited), The Office Yoga Company’s total liability to the Customer shall not exceed a sum equivalent to the fees payable by the Customer for the Services carried out pursuant to these Terms.
7.5 Subject to clause 7.2 (No limitation of customer’s payment obligations) and clause 7.3 (Liabilities which cannot legally be limited), this clause 7.5 sets out the types of loss that are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
7.6 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms.
7.7 This clause 7 shall survive termination of these Terms.
8. Data Protection
8.1 The terms “Controller”, “Data Subject”, “Processor”, “Processing” and “Personal Data” have the meaning set out in the Data Protection Act 2018 or the General Data Protection Regulation (EU)2016/679) (UK GDPR) (as applicable) and any other laws relating to the protection of personal data and the privacy of individuals (“Data Protection Legislation”) in relation to data that is Processed under these Terms.
8.2 To the extent that either party acts in its capacity as a Controller, that party shall:
(a) ensure that they have a legal basis (or a “processing condition” as referred to in the Data Protection Legislation) to process any relevant shared Personal Data;
(b) in respect of the relevant shared Personal Data, ensure that their privacy notices (where applicable) are clear and provide sufficient information to the Data Subjects for them to understand what of their Personal Data the disclosing party is sharing with the receiving party, the circumstances in which it will be shared, the purposes for the data sharing and either the identity of the receiving party or a clear description of the type of organisation that will receive the Personal Data;
(c) undertake to inform the Data Subjects, in accordance with Data Protection Legislation, of the purposes for which the party will Process Personal Data and provide all of the information necessary to ensure that the Data Subjects understand how their Personal Data will be processed by the receiving party;
(d) not retain or process the shared Personal Data for longer than is necessary to carry out the relevant purpose (“Purpose”) and delete the relevant Personal Data when the Purpose is complete; and
(e) notify the other party as soon as reasonably practicable after becoming aware of a Security Breach (even if such breach has not yet been fully investigated); and (where applicable) handle any Security Breach, in an appropriate manner.
8.3 To the extent that a party acts as a Processor, that party shall in particular:
(a) process the Personal Data only to the extent necessary for the purpose of providing the Services pursuant to these Terms and in accordance with any written instructions from the other party and this paragraph;
(b) implement and maintain appropriate technical and organisational measures in accordance with the relevant Data Protection Legislation to ensure a level of security appropriate to the risks that are presented by such Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of Processing and the likelihood and severity of risk in relation to the rights and freedoms of the Data Subjects;
(c) ensure that any employees or other persons authorised to Process the Personal Data are subject to appropriate obligations of confidentiality;
(d) not engage any third party to carry out its Processing obligations under these Terms without letting the other party know and ensuring that such third parties will be subject to Processing obligations equivalent to those set out in this paragraph;
(e) as soon as reasonably possible and without undue delay notify the other party about any request (including subject access request) or complaint received from Data Subjects without responding to that request (unless authorised to do so by the other party) and assist the other party by technical and organisational measures, insofar as possible, for the fulfilment of their obligations in respect of such requests and complaints;
(f) notify the other party without undue delay as soon as it becomes aware of any breach in data security;
(g) maintain appropriate records and information in compliance with Data Protection Legislation and on request by the other party make available such records and information necessary to demonstrate their compliance with these provisions; and
(h) on termination or expiry of these Terms, destroy or return (as the other party shall direct) all Personal Data in its power, possession or control and delete all existing copies of such data except to the extent the relevant party are required to retain a copy of the Personal Data by law.
8.4 If either party seeks to transfer relevant Personal Data outside of the European Economic Area, the other party shall consent provided that the following conditions are fulfilled:
(a) there are appropriate safeguards in relation to the transfer;
(b) the Data Subject has enforceable rights and effective legal remedies;
(c) the transferring party complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(d) the transferring party complies with reasonable instructions notified to it in advance by the other with respect to the processing of the Personal Data.
9. Intellectual Property Rights
9.1 All Intellectual Property Rights in or arising out of or in connection with the Services (including without limitation any such rights that may exist in the Webcast and Classes and in The Office Yoga Company’s brand name, logo, Website, brochures and other such materials) provided pursuant to these Terms (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by The Office Yoga Company.
9.2 The Customer grants The Office Yoga Company a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Customer to The Office Yoga Company for the purpose of providing the Services to the Customer.
10. Force Majeure
10.1 Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of their obligations under these Terms if such delay or failure results from events, circumstances or causes beyond their reasonable control.
11. Assignment and Other Dealings
11.1 The Office Yoga Company may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of their rights and obligations under these Terms.
11.2 The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of their rights and obligations under these Terms.
12.1 Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by the sub-clause below.
12.2 Each party may disclose the other party’s confidential information:
(a) to its employees, consultants, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms. Each party shall ensure that its employees, consultants, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 Neither party shall use the other party’s confidential information for any purpose other than to perform their obligations under these Terms.
13.1 Without affecting any other right or remedy available to them, The Office Yoga Company may terminate the contract by giving the Customer a minimum of 30 days’ written notice at any time to that effect.
13.2 Without affecting any other right or remedy available to them, either party may terminate the contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with bankruptcy (being an individual) or (being a company) their entering into administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of their business; or
(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil their obligations under the contract has been placed in jeopardy.
13.3 Without affecting any other right or remedy available to them, The Office Yoga Company may terminate the contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under these Terms on the due date for payment.
13.4 Without affecting any other right or remedy available to them, The Office Yoga Company may alternatively suspend the supply of Services under these Terms if:
(a) the Customer fails to pay any amount due under these Terms on the due date for payment;
(b) the Customer becomes subject to any of the events listed in clause 13.2(c) or 13.2(d), or The Office Yoga Company reasonably believes that the Customer is about to become subject to any of them; or
(c) The Office Yoga Company reasonably believes that the Customer is about to become subject to any of the events listed in clause 13.2(b).
14. Consequences of Termination
14.1 On termination of the contract, the Customer shall immediately pay to The Office Yoga Company all of the The Office Yoga Company’s outstanding unpaid invoices (and any interest thereon) and interest and, in respect of Services supplied but for which no invoice has been submitted, The Office Yoga Company shall submit an invoice, which shall be payable by the Customer immediately on receipt.
14.2 Termination of the contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination.
14.3 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
15. Entire Agreement
15.1 These Terms and any document referred to within them together constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.2 Each party acknowledges that in entering into these Terms they do not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that they shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document referred to within them.
16. Exercise of Rights
16.1 A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
17.1 Any notice given to a party under or in connection with these Terms shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the relevant address specified in any communication from one party to the other.
17.2 Any notice shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the working day after posting. In this clause, a working day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business; or
(c) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
18. Third Party Rights
18.1 Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
18.2 The rights of the parties to rescind or vary these Terms are not subject to the consent of any other person.
19. Governing Law
19.1 These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
20.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.