In the event of inconsistency between these General Terms and any terms and conditions attaching to a particular Service (including any Registered User, Subscriber or Employment Service), those terms and conditions relating to a particular Service shall take precedence.
8.2 No offers where illegality arises
Nothing on the Websites constitutes an offer to provide Services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
8.3 Invitation to treat
- 8.3.1 Nothing in the Websites, including these General Terms is to be construed as an offer to enter into a contract with Terrapinn in relation to the provision of any goods and/or services including the Subscriber Services. The Websites and the Services displayed within them are an invitation to treat only.
- 8.3.2 We are only prepared to provide the Services on the terms and conditions outlined in these General Terms. If a User orders Services on other terms or conditions, any supply of products or services by us is by way of counter-offer to such offer on the basis of these General Terms which may be accepted by such User by accepting the Services. Any charge by us to any User's nominated credit card or other electronic payment facility is not an acceptance of that offered terms and conditions but is in implementation of our counter-offer to such User. We will reverse any charge if a User does not accept our counter-offer.
- 8.3.3 Publishing information about the Services on the Websites does not ensure its availability and price information is subject to change without notice.
8.4 Force Majeure
- We are not liable for events outside our reasonable control. Any act or situation which is beyond our reasonable control is known as a "Force Majeure Event". In such a circumstance, we are not liable for any failure to perform, or delay in performance of our obligations or contracts under the General Terms. Any act, event, non-happening, omission or accident beyond our control includes (but is not limited to):
- (a) strikes, lock-outs or other industrial action;
- (b) civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) interruption or failure of utility services (including the inability to use public or private telecommunications networks); and
- (f) the acts, decrees, legislation, regulations or restrictions of any government.
8.5 We can use your feedback
When you send us or the Websites any feedback or suggestions about the Websites or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
8.6 Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement or other regulatory authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials on the Websites which the authority claims violates any applicable law.
Any failure by us to exercise any right under these General Terms does not operate as a waiver and the single or partial exercise of any right by us does not preclude any other or further exercise of that or any other right by us.
8.8 No assignment or sublicense
- 8.8.1 The User may not assign or sublicense any rights granted under or pursuant to these General Terms.
- 8.8.2 We have discretion to assign or sublicense any rights granted under or pursuant to these General Terms at any time.
Our rights and remedies under or pursuant to these General Terms are in addition to any rights or remedies that we may have under the general law.
8.10 Governing law and jurisdiction
- 8.10.1 These General Terms will be governed by and construed under the laws of England.
- 8.10.2 All legal content contained on the Websites relate only to the laws of England, unless specifically stated otherwise. The laws of England may be different from a User's jurisdiction's laws.
- 8.10.3 Users irrevocably agree 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 General Terms or its subject matter or formation.
Any provision of these General Terms which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these General Terms or the validity of that provision in any other jurisdiction.
For the avoidance of doubt and subject to clause 2.2.7 (if applicable), we may terminate these General Terms, your use of the Services or any license or agreement arising under or pursuant to these General Terms, at any time and without prior notice.
The parties agree that the General Terms have been prepared in English and to the extent any translation of these General Terms is necessary, such interpretation must be consistent with the English meaning of these General Terms.
8.14 General Enquiries
- In these General Terms a reference to Terrapinn is a reference to Terrapinn Holdings Limited Reg No FC025227 a company incorporated in England.
- If you wish to contact Terrapinn please contact Mr Andrew Ewer as follows:
Mr Andrew Ewer
Terrapinn Holdings Ltd
Wren House, 43 Hatton Garden
London EC1N 8EL
Phone, fax or email:
Ph: +44 (0)207 092 1000
Fax: +44 (0)87 1233 9263
Email: [email protected]