Terms Of Use

Accessing the Website

Access to the Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the services We provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts or all of the Website.

When using the Website, you must comply with the provisions of Our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Conditions of use, and that they comply with them.

Club and VIP Subscriptions

By signing up to become a VIP Member (and DogFriendly Magazine subscriber) you are agreeing to pay for a year’s worth of membership and six issues @ £22.45 which includes your free issue. Your subscription membership will automatically renew a year later and in subsequent years @ £26.94. By signing up to become a Club Member you are agreeing to pay for a year's worth of membership @ £9.95. Your club membership will automatically renew a year later and in subsequent years @ £9.95.

If you have subscribed as a bi-monthly VIP your subscriptions payments will renew at the beginning of the month prior to you receiving your next magazine.

If you are unhappy with your membership in anyway please contact us within a month of signing up and we will refund your original subscription payment. If you decide not to continue after two or more months of membership, please contact us and we will discuss an appropriate refund based on the number of months membership that have been completed.

By signing up for a VIP or Club subscription you give us continuous authority to charge £26.94 at each subscription annual renewal date using the card details supplied. A token relating to the card details you gave for your original subscription payment will be held on our database securely. For your personal security we do not hold your actual card number. Annual renewals will be processed after receipt of your sixth magazine. The annual subscription price may be increased from time to time but we will advise you about this increase in writing before it is applied, at which point you will have the chance to decide whether you wish to renew again.

Club and VIP members can claim discounts on accommodation and dog friendly services where this is indicated within listings on our website. The actual discount code should be shown on the applicable listing when a Club or VIP member is logged into the website. While, we make efforts to ensure all discounts are valid and up to date, our partners may remove these offers at their own discretion and DogFriendly is unable to reimburse a member for the unavailability or removal of a partner discount.

Payment

Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. We accept the following methods of payment on Our Site via Sagepay payment processing.

• Visa
• MasterCard
• Paypal

Delivery

All deliveries are made within 3 to 5 days of receiving your order and sent via Royal Mail second Class. Due to current circumstances there may be a delay in delivery of orders up to 10 working days. Please note that during busy periods or national holidays there may be a slight delay to these timings. If you do have any issues with delivery please do contact us via our contact us page here

Returns/Exchanges

If you've changed your mind and would like to return or exchange an unused item you can do so by contacting us within 14 days of receiving your item at [email protected]. Except in the case where your purchase relates to one of the products below*. We will provide you with the details to return your purchase for a full refund or exchange.

To return your item you need to make sure that it is:

• Unopened
• Unused
• In its original packaging (with the tags)
• In a resaleable condition

Refunds will be processed by the original payment method on receipt of the unused returned item. If you paid on card, it can take up to 7 days to appear back in your account, with PayPal refunds taking up to 30 days.

Please contact us before sending goods back to us at [email protected], so we are aware they are being returned and provide suitable instructions.

*NOT RETURNABLE/REFUNDABLE:

Microfibre Drying Coats and Bags by Henry Wag – these items cannot be returned/refunded as unfortunately trying them for size means they will become of a used condition and cannot be resold as new.

Faulty items

If your item is faulty, please contact us at [email protected] to see if we can help with the issue before looking to return/replace the item.

Reliance on information posted

All material posted on the Website is intended for information purposes only and does not represent professional advice on which reliance should be placed.. No user should act or refrain from acting on the information contained in the Website without first verifying the information and as necessary obtaining legal and/or other professional advice.

Our liability

We make no representations or warranties whatsoever as to the completeness and accuracy of the information contained on the Website. To the extent permitted by law, We expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

We expressly disclaim all liability and responsibility for any direct, indirect or consequential loss or damage incurred by any user arising from any reliance placed on materials posted on the Website by any visitor to the Website and by anyone who may be informed of any of their contents, or from the use or inability to use the Website, whether directly or indirectly, resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise.  

Direct, indirect or consequential loss and damage shall include but not be limited to loss of profits or contracts, loss of income or revenue, loss of business, loss of goodwill, and wasted expenditure or management time.

Nothing in these Conditions of use shall exclude Our liability for death or personal injury resulting from its negligence, nor its liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Changes to the Website

We aim to update the Website regularly, and may change the content at any time. If the need arises, We may suspend access to the Website, or close it indefinitely.

Viruses, hacking and other offences

The user agrees that material downloaded or otherwise accessed through the use of the Website is obtained entirely at the user's own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data.

You must not misuse the Website by knowingly introducing any spyware, computer viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

Linking to the Website

We encourage website owners to link to any information on Our sites, provided you do so in a way that is fair and legal and does not damage Our reputations or take advantage of them, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in Our acceptable use policy. Please note We cannot guarantee that the information will always remain in the same place.

Third party websites

We do not accept any liability or responsibility for any third party websites that can be accessed through the Website or for any loss or damage that may arise from your use of them. We do not endorse or approve the contents of any such site and these links are provided for your information only.

Uploading material to the Website

Whenever you make use of a feature that allows you to upload material to the Website or to associated Facebook pages, or to make contact with other users of the Website, you must comply with the content standards set out in Our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify Us for any breach of that warranty.

Any material you upload to the Website will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website of related Facebook page constitutes a violation of their intellectual property rights, or of their right to privacy./

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

We have the right to remove any material or posting you make on the Website if, in Our opinion, such material does not comply with the content standards set out in our acceptable use policy.

General

We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

If any provision of these Conditions of use or the Notice of copyright (see below) is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.

Our omission to exercise any right under these conditions of use or the notice of copyright shall not constitute a waiver of any such right unless expressly accepted by Us in writing.

These Conditions of use and the Notice of copyright and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

The user and Dog Friendly agree to submit any dispute (including any non-contractual dispute) arising out of or in connection with the use of the Website to the exclusive jurisdiction of the courts of England and Wales. 

We may revise these Conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We have made, as they are binding on you. 

Notice of Copyright/intellectual property rights

Except where expressly stated to the contrary, all intellectual property rights in the text, graphics, information, motifs, logos, designs and databases contained in this site including the domain names, organisation and layout of the site and the software used in relation to the site are owned respectively by Dog Friendly or its licensors.

Dog Friendly own a portfolio of registered and unregistered trademarks including but not limited to DogFriendly. You may not use any trademarks, service marks and/or other trade names belonging to Dog Friendly from time to time, without Dog Friendly's prior written consent (including without limitation the trademarks, all page headers, custom graphics and button icons on the site) including to imply endorsement by Dog Friendly of your website and/or goods and/or services or otherwise without our prior written consent. 

All other trademarks referred to on the site are the trademarks of their respective owners and you will require their specific authorisation should you wish to use any of the trademarks.

You are welcome to copy excerpts of Our information for personal use and purposes of review, discussion, academic study and other legitimate pursuits. You do not need to seek permission for such fair use, although you should acknowledge the source.

However, all information on this site, all motifs, designs and logos are copyright © Dog Friendly, unless specifically stated otherwise. We will vigorously pursue any violation of Our copyright that seeks to exploit Our material for commercial gain or to misrepresent Our regulatory stance.

You should not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and you do should not use any graphics, illustrations or photographs, separately from any accompanying text. 

This permission may be revoked at any time by DogFriendly. Material displayed on the Website, in whole or in part, may not otherwise be copied, reproduced, republished or incorporated in any other work or publication, whether paper or electronic media or any other form, without Our prior written permission. 

You may not reproduce or store any part of this site in any other website, document management system or electronic retrieval system (via screen-scraping or otherwise) without Our prior written permission.

You must not use any part of the materials on this site for commercial purposes without obtaining a licence to do so from Dog Friendly

In particular you must not:

• use this site and in particular any Dog Friendly databases as a source of material or contact data for any kind of marketing activity; or
• use any information on this Website and in particular from any of the databases to create, update, amend or verify your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists to provide any kind of commercial information service.

If you print off, copy or download any part of this Website in breach of these terms of use, your right to use this site will cease immediately and you must, at Dog Friendly’s option, return or destroy any copies of the materials you have made.

We will vigorously pursue any violation of its intellectual property rights that seeks to exploit its material for commercial gain or to misrepresent its stance.

Any rights not expressly granted in this notice are reserved.

Acceptable use policy

This acceptable use policy sets out the terms between you and Dog Friendly under which you may access the website www.dogfriendly.co.uk (referred to in this acceptable use policy as the Website).

This acceptable use policy applies to all users of, and visitors to, the Website.

Your use of the Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the Conditions of Use.

Prohibited uses

You may use the Website only for lawful purposes. You may not use the Website:

• in any way that breaches any applicable local, national or international law or regulation
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
• for the purpose of harming or attempting to harm minors in any way
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of Our Conditions of use, or
• not to access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website, or any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on the Website, including, without limitation:

• comment spaces and forums
• public profiles
• blogs, and
• any other forms of user-generated content.

Where We do provide any interactive service, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used. Information about data gathered during any interactions is covered by our Privacy Policy.

We will do Our best to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any interactive service We provide on the Website, and We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of Our content standards, whether the service is moderated or not.

Content standards

These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• be accurate (where they state facts)
• be genuinely held (where they state opinions)
• comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person
• contain any material which is obscene, offensive, hateful or inflammatory
• promote sexually explicit material
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• infringe any copyright, database right or trade mark of any other person
• be likely to deceive any person
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• promote any illegal activity
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
• be likely to harass, upset, embarrass, alarm or annoy any other person
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person
• give the impression that they emanate from the DogFriendly, if this is not the case. 

Suspension and termination

We will determine, in Our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, We may take such action as We deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Conditions of use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use the Website
• immediate, temporary or permanent removal of any posting or material uploaded by you to the Website
• issue of a warning to you
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
• further legal action against you, or
• disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Website.

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Terms and conditions relating to DogFriendly T/A DogFriendly Breaks

We are Dog Friendly Limited, a company registered in UK, number 05448309

Our address is 5 Bartholomews, c/o Partners in Enterprise Ltd, Brighton, England BN1 1HG (new registered address)

These terms and conditions are your contract with us for provision of any Holiday Services you book with us.

In this document, "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.

These are the agreed terms

1. Definitions

"Holiday"

means any holiday/event/activity constituted in the services we offer.

"Holiday Services"

means our service in providing a Holiday.

"Regulations"

means The Package Travel and Linked Travel Arrangement Regulations 2018.

2. The contract between us

2.1.       Dogfriendly Ltd Holiday Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.

2.2.       The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Holiday we describe on our website.

2.3.       If we are unable to accept your booking, we will of course return your payment to you immediately.

2.4.       When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Regulations.

2.5.       For you to make a booking, we require your deposit and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by post or email. We may decline your booking for any reason and we do not have to give you the reason. If that happens we will return your money to you immediately and in any event within 14 days.

3. Your authority to book for others

3.1.       If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.

3.2.       It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.

3.3.       As lead member of your party, we will deal only with you in our correspondence.

4. What is included in the price of a Dogfriendly Holiday?

4.1.       accommodation and meals (unless otherwise stated in the itinerary);

4.2.       drinking water;

4.3.       services of one or more representatives

5. What is NOT included?

5.1.       travel insurance or any other insurance personal to you;

5.2.       passport and visa costs;

5.3.       food and drink over and above what we include in the Holiday;

5.4.       gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.

6. Holiday prices

6.1.       When you make your booking, we shall ask you for a deposit of 25 % of the total cost. Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another Dogfriendly Ltd Holiday. The balance of the price must be paid at least six weeks before your departure date. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit.

6.2.       Any booking made less than six weeks prior to the departure date must be accompanied by full payment at the time of making the booking.

6.3.       We shall not change the price of your booking once we have accepted your booking.

7. Special requests

Any special requests relating to your travel arrangements must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirmation in writing to you at least 6 weeks before your departure date.

8. Minimum participants required for the Holiday

8.1.       As stated on our website and email communications, a minimum number of participants are required in order for the Holiday to go ahead. Therefore we have a right to cancel any Holiday for which there are insufficient reservations.

8.2.       In the event of any such cancellation, all deposits or other payments made specifically to Dogfriendly Limited will be refunded in full.

8.3.       We reserve the right to cancel any Holiday, for which there are not enough bookings, not less than four weeks prior to the departure date. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full, or, if you prefer, transferred to an alternative Dogfriendly Ltd Holiday.

8.4.       You agree that all these provisions are reasonable.

9. Changing your booking

We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of £70 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made.

10. Transferring your booking

If you would like to transfer your booking from one person to another, the following terms apply:

10.1.    The transferee must satisfy any special conditions or qualifications applicable to the Holiday.

10.2.    You must inform us about your intention to transfer your booking to the transferee at least seven days before the holiday start date in writing or through email.

10.3.    You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.

10.4.    Our administration charge for a transfer made more than 30 days before the the holiday starts is £50. For transfer made within 7 days before departure the administration charge is £100.

10.5.    We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Holiday Service which you do not use.

11. Cancellation by you

11.1.    If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable. We therefore charge a rounded cancellation fee as follows:

more than 42 days before departure:

Deposit

if less than 42 days before departure

No refund

11.2.    In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Dogfriendly Ltd Holiday you choose. But whether we do so is in our discretion, for which we do not have to give a reason.

11.3.    In any of the above circumstances, we will return any money due to you within 14 days.

Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.

12. If we cancel your Holiday or make changes

Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Holiday. If that happens, the following terms apply:

12.1.    We will always inform you as soon as possible about any change. If that happens you may:

12.1.1     accept the change; or

12.1.2     accept our offer of alternative travel arrangements of a comparable standard; or

12.1.3     cancel your booking, whereupon we will give you a full refund of all money paid.

12.2.    We will not compensate you for minor changes outside our control.

12.3.    Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.

13. If you have a complaint

Your point of contact during the Holiday will be:

Dogfriendly Limited, Unit 4, Bramley Road, St Ives, Cambs PE27 3WS.  Contact is Mr James Waters

If you have a problem during your Holiday it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem - for your benefit and ours. If that happens, you may lose your right to compensation.

If you feel our representative has not resolved to your problem, please write to us within 14 days of your return giving us full details of your Holiday and concise details of the complaint and any subsequent history.

14. Limitations on our liability

14.1.    We want you to enjoy a perfect holiday with Dogfriendly Limited. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.

14.2.    If we fail to provide the Holiday set out on our website or in our brochure and to which these terms apply, we will pay you appropriate compensation. We are not liable if any failure is due to:

14.2.1     your own carelessness or negligence in any aspect of your behaviour whilst on Holiday;

14.2.2     medical emergencies;

14.2.3     changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;

14.2.4     some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;

14.2.5     any other unusual and unforeseeable circumstances beyond our control;

14.2.6     a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;

14.3.    We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.

14.4.    The services and features included in your booking are those specified in our website. If you choose to buy other goods or services during your Holiday, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly we are not liable to you for any happening in connection with that service or goods.

14.5.    It is a condition of this contract that you take out a policy of travel insurance for every trip outside the UK. You alone are wholly responsible for arranging your insurance. The period of cover should start no later than the date you make your booking with us.

15. Help we need from you

Your information pack will provide details about your chosen Holiday, but the following are contractual matters:

15.1.    Most Dogfriendly Limited Holidays require reasonable physical fitness and appropriate footwear. You should be prepared to walk up to a six miles a day, sometimes on uneven or slippery surfaces.

15.2.    To satisfy the majority of our clients, we apply "no smoking" rules in the same way that they are applied by law in the UK.

15.3.    As the weekend/event is based around dog activities we fully expect your dog to have access to most areas of the accommodation, except for the food preparation areas.  Unfortunately, if your dog is not able to be controlled or behaves inappropriately around other guests and their dogs within the accommodation or during the events, we will need to ask you to co-operate with us to ensure your dog is separated from other guest and their dogs and in extreme circumstance you may have to leave the accommodation/event with no refund due.  We will of course work with you to take any steps to prevent this from happening. If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other member, we may exclude you from the programme for the remainder of the Holiday. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.

16. Terms and conditions of third party providers

Many of the services we provide, including options which may occur from time to time during your Holiday, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.

Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.

17. Miscellaneous matters

17.1.    Dogfriendly Limited takes your privacy seriously and will only use your personal data in accordance with the Data Protection Act 2018 as fully described in Schedule 1 to this agreement.

17.2.    If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.3.    Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

17.4.    No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.

17.5.    The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

17.6.    In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

17.7.    This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of the directors, officers, employees, subcontractors, agents and affiliated companies of a party, maybe enforced under that Act.

17.8.    Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

17.9.    The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and the parties agree that any dispute arising from it shall be litigated only in that country.