Canal Junction 

Introduction

All the content in Canal Junction has been created by us, or for us by our contributors. All content is copyrighted and may only be used when permission has been given in writing. Contact us at services@canaljunction.com  if you wish to reproduce any information or graphics from this website.

Company listings are mainly provided by the companies themselves. We try to keep the information up to date, but because we depend on others, we can not guarantee its accuracy. We would be grateful if you could inform us of any inaccuracies, errors, broken links, or other information. Please let us know through our CONTRIBUTE feature. We will always try to respond to your submissions.

Our Terms and Conditions of Use of our Websites & Services

These terms and conditions are the contract between you and Canal Junction (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

The terms apply to all websites which are the property of Canal Junction Ltd, including www.canaljunction.com, www.hireboats2go.co.uk, www.hotelboating.co.uk, www.canal-vacations.com.

Our Terms and Conditions of Use are split into three sections:-

1. 1) General Terms and Conditions, which as applicable to all users of our websites
2. 2) Terms and Conditions for submitting User-generated Content and Listings, which apply to anyone submitting any form of content to the website, whether by form or email
3. 3) E-Commerce Terms and Conditions, which are only applicable to user of the e-commerce sections of our website, Canal Junction Market and are in addition to the general terms

If you use Our Website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using the Services.

Definitions

1. General Terms and Conditions

This section applies to all users of our websites and services.

1.1 Our details 

1.1.1 The full name of our company is Canal Junction Ltd.

1.1.2 We are registered in England & Wales under registration number 3907991. Our VAT number is 741461841.

1.1.3 Our registered address is Dalton House, 35 Chester Street, Wrexham, LL13 8AH.

1.1.4 You can contact us by email at services@canaljunction.com.

1.1.5 Canal Junction Market and Canal Junction Bookshop are trading names of Canal Junction Limited.

1.1.6 Unless otherwise stated, Canal Junction Ltd. owns the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out in the full terms of use.

1.1.7 Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy or that the material on the website is kept up-to-date. We are dependent upon traders providing information and advertising in the listings. Should you have any concerns about the accuracy of any information, please let us know through our CONTRIBUTE feature. We will always try to respond to submissions.

1.2 Licence to use the website.

1.2.1 Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

1.2.3 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

1.2.4 You must not:

• a) republish material from this website (including republication on another website);
• b) sell, rent or sub-license material from the website;
• c) show any material from the website in public;
• d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
• e) edit or otherwise modify any material on the website; or
• f) redistribute material from this website [except for content specifically and expressly made available for redistribution.

1.3 Acceptable use

1.3.1 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

1.3.2 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

1.3.3 You must not conduct any systematic or automated data collection activities (including, without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

1.3.4 You must not use our website to transmit or send unsolicited commercial communications.

1.3.5 You must not use our website for any purposes related to marketing without our express written consent.

1.4 Limited warranties

1.4.1 Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy, nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

1.4.2 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

1.5 Limitations of Liability

1.5.1 Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

1.5.2 Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

• a) to the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature;
• b) we will not be liable for any consequential, indirect or special loss or damage;
• c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
• d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

1.5.3 You accept that we have an interest in limiting the personal liability of our officers and employees. Regarding that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees regarding any losses you suffer in connection with the website or these terms of use

1.6 Indemnity

1.6.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use.

1.7 Breaches of these terms of use

1.7.1 Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may delete and/or edit any or all of your user-generated content.

1.8 Third-party websites

1.8.1 Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

1.9 Trademarks

1.9.1 ‘Canal Junction’ and our logos are trade marks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

1.9.2 The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights, and as such, we cannot grant any licence to exercise such rights.

1.10 Competitions

1.10.1 From time to time, we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

1.11 Variation

1.11.1 We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

1.12 Assignment

1.12.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

1.12.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

1.14 Severability

1.14.1 If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

1.13 Exclusion of third-party rights

1.13.1 These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

1.14 Entire agreement

1.14.1 These terms of use, together with our privacy policy, constitute the entire agreement between you and us concerning your use of our website and supersede all previous agreements regarding your use of this website.

1.15 Law and Jurisdiction

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

1.16 Interruption to the Canal Junction Service

1.16.1 We give no warranty that the Canal Junction Limited Service will be satisfactory to you.

1.16.2 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Canal Junction Limited Service for repairs, maintenance or other reasons. We may do so without telling you first.

1.16.3 You acknowledge that our Service may also be interrupted for reasons beyond our control.

1.16.4 You agree that we are not liable to you for any loss, whether foreseeable or not, arising as a result of interruption to our Service.

2. Terms and Conditions for submitting User-generated Content and Listings

This section applies to anyone submitting any form of content to the website, whether by form or email.

These terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website for whatever purpose.

Please note, notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

2.1 How We Handle Your Content

2.1.1 Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018, which is available at https://www.canaljunction.com/privacy.htm.

2.1.2 If you post content in any public area of Our Website, it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

2.1.3 Even if access to your text is behind a user registration, it remains effectively in the public domain because someone has only to register and log in to access it. You should, therefore, avoid Posting unnecessary confidential information.

2.1.4 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it, and we will not protect your rights for you. However, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.

2.1.5 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

2.1.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

2.1.7 Please notify us of any security breach or unauthorised use of your account.

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

2.2 Restrictions on what you may Post to Our Website

2.2.1 We invite you to post content on Our Website in several ways and for different purposes. However, we must regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website, and to comply with the law. These provisions apply to all users of Our Website.

2.2.2 We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall cooperate fully with the law enforcement authorities in whatever ways we can.

2.2.3 You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

• a) be unlawful or tend to incite another person to commit a crime;
• b) consist of commercial audio, video or music files;
• c) be obscene, offensive, threatening, violent, malicious or defamatory;
• d) be sexually explicit or pornographic;
• e) be likely to deceive any person or be used to impersonate any person or to misrepresent your identity, age or affiliation with any person;
• f) use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
• g) request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
• h) be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
• I) include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• j) facilitate the provision of unauthorised copies of another person’s copyright work and must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you or us or a third party (in each case under any applicable law).
• k) link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
• l) use distribution lists that include people who have not given specific permission to be included in such distribution process;
• m) send age-inappropriate communications or Content to anyone under the age of 18;
• n) you must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

2.3 Your Posting: restricted content

2.3.1 In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

2.3.2 In addition to the restrictions set out above, a Posting must not contain:

• a) hyperlinks other than those specifically authorised by us;
• b) keywords or words repeated that are irrelevant to the content posted.
• c) the name, logo or trademark of any organisation other than yours.
• d) inaccurate, false, or misleading information;

2.4 Removal of Offensive Content

2.4.1 For the avoidance of doubt, this paragraph is addressed to any person who comes to Our Website for any purpose.

2.4.2 We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

2.4.3 If you are offended by any content, the following procedure applies:

• a) your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
• b) we shall remove the offending Content as soon as we are reasonably able;
• c) after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
• d) we may re-instate the Content about which you have complained or we may not.

2.4.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication without limit.

2.4.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

3. E-Commerce Terms and Conditions

This section applies to anyone using the e-commerce sections of our website, including the Canal Junction Marketplace.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy a Product on your behalf.

3.1 Our Contract of Sale

3.1.1 Canal Junction Market Market is neither a buyer nor seller of Products offered for sale in any form. Canal Junction Market is never either a principal or agent in a buying transaction.

3.1.2 Canal Junction Market is a marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for the sale of his Products and for collection and forwarding of your money.

3.1.3 We are not responsible to you further than to take your money and pass it to the Seller.

3.1.4 We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Canal Junction Market members.

3.1.5 We are not responsible for the delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason, although we will assist wherever possible.

3.1.6 These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.

3.1.7 We provide a marketplace for the supply of Products. We are in no way responsible for:

• a) your locating and ordering a Product;
• b) your choice of a Product;
• c) any aspect of the provision of the Product;
• d) refund payment for any Product;
• e) any complaint about any Product

3.1.8 While we have neither legal obligation nor detailed information about the Product we will endeavour to help in any dispute you may have with a seller.

3.1.9 We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

3.2 Your account and personal information

3.2.1 When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.2.2 You agree that you have provided accurate, up-to-date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

3.2.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

3.3 The buying procedure

3.3.1 Canal Junction Market is not responsible for the fulfilment of your contract to buy a Product.

3.3.2 Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.

3.3.3 Unless it is clear to the contrary, you may assume that every sale is made by the Seller in the course of his business.

3.3.4 Products may be offered for sale subject to any discount or promotion arranged between Canal Junction Market and the Seller.

3.3.5 Subject to discounts and promotions, Products are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.

3.3.6 All Products will be subject to a delivery charge, which will be shown at the pay point. The delivery charge will be fixed by the Seller for each Product offered for sale. It may be changed at the discretion of the Seller. Once you have bought an item, the delivery charge offered to you cannot be increased.

3.3.7 Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

3.3.8 You are required to pay in the currency in which the Product is listed for sale on Our Website.

3.3.9 Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

3.3.10 For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.

3.3.11 To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given on a page which is, in reality, a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.

3.3.12 Availability of Product. Occasionally, products for sale in our online shop may be out-of-stock, out-of-print or otherwise unavailable. In this case, we will advise you and immediately refund your payment, and the sale shall be cancelled.

3.3.13 Copyright of Media Purchased From Us. Copyright in all media products for sale in our online shop is owned by either the author or publisher. You may use the items for private and domestic use only. You must NOT copy or publish the items, maps, photographs etc., within them (hard copy or digitally) without written permission from us, except for the very limited circumstances permitted by English law. You must NOT broadcast any DVD material, nor show it at any meeting or presentation, whether for gain or not, without permission from the copyright owner obtained via us.

3.4 Security of your credit card details

3.4.1 We take care to make Our Website safe for you to use.

3.4.2 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

3.5 The Canal Junction Market Guarantee

3.5.1 To give you the utmost confidence in the Canal Junction Market buying experience, we make the following guarantee backed by Canal Junction Limited:

If the Seller fails to supply a Product to you for which you have paid, or supplies a Product which is substantially different from what you ordered, we ourselves will refund the cost to you.

3.5.2 This guarantee is subject to the following conditions:

• a) you must first follow the returns and refunds procedure set out on Our Website,
• b) the maximum payment is £250. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;
• c) the claim form must be completed truthfully and accurately;
• d) you must provide a correct street address.
• e) you are limited to a lifetime maximum of five claims and a maximum of one item in three years;
• f) you must not have requested a chargeback from your credit card company.
• g) The guarantee set out in this paragraph is non-contractual. We shall operate it at our entire discretion

3.6 Consumer protection: Cancellation, Refunds and Exchanges

This and the following paragraph are not contractually part of this agreement. This is a statement of your rights as a consumer under the Consumer Contract (Information Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) and of the procedures with which all our Sellers have been asked to comply. We have no responsibility if they fail to do so. If you have any problem with the product you purchased from our website or would like to return it, please contact us via our email services@canaljunction.com, and we’ll put you in touch with the seller. Your contract is with them. They have the information and systems to help you.

3.6.1 We endeavour to have products you buy here are delivered within 14 days from the day you place an order to purchase a product.

3.6.2 You may cancel your order at any time within 30 days of the date you purchase it. You must tell us and your Seller that you wish to cancel. You must also send the Product back to him as soon as possible.

3.6.3 The Seller will return your money subject to the following conditions:

• a) the Seller receives the product in the original packaging and in a condition in which he can re-sell it at full price.
• b) you comply with the Seller’s procedure for returns and refunds. The Seller cannot return your money unless he knows who sent back the product.

3.6.4 The option to cancel your order is not available:

• a) if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery or cannot be re-sold for some other reason;
• b) if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to them unsealed.
• c) If the goods are somehow mixed with other goods so that they cannot identify or easily separate them.

3.6.5 You are responsible for the cost of returning the Product. We or your Seller have no obligation to refund your cost of re-packing and returning the Product.

3.6.6 In any of the above circumstances, the Seller will return your money within 14 days. We are not able to make the refund directly.

3.7 Liability for subsequent defects

3.7.1.The following rules apply to the return of the Product you claim to be faulty or defective in any way:

• a) the Product must be returned to the Seller as soon as any defect is discovered but not later than six months from receipt by you.
• b) the Seller does not have to accept returns unless there was a defect in the Product at the time of purchase, or the Seller has agreed in correspondence that you may return it.
• c) before you return the Product to the Seller, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.

3.7.2.The Seller will return your money subject to the following conditions:

• a) you comply with the Seller’s procedure for returns and refunds.
• b) the Seller cannot return your money unless he knows who sent back the Product.
• c) If the Seller agrees that the Product is faulty, the Seller will:
• d) repair or replace the Product, or
• e) refund the full cost you have paid including the cost of returning the Product.

3.8 Products returned

3.8.1 These provisions apply if you buy from us other than as a consumer. The following rules apply to return the faulty Product:

3.8.2 The Seller does not accept returns unless there was a defect in the product at the time of purchase or the Seller has agreed in correspondence that you may return it.

3.8.3 Before you return a Product to the Seller, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.

3.8.4 The Products must be returned to the Seller as soon as any defect is discovered but not later than 14 days.

3.8.5 So far as possible, a product should be returned:

• a) with both Product and all packaging as far as possible in their original condition;
• b) securely wrapped;
• c) securely wrapped;
• d) including the Seller’s delivery slip;
• e) at your risk and cost.

3.8.5.We advise you to follow the returns procedure set out on your Seller’s website or otherwise in his terms and conditions, if any. If you do not do so, the Seller may be unable to identify you as the sender of the Products.

3.8.6 If the Seller agrees that the item is faulty, the Seller will:

• a) refund the cost of return carriage;
• b) repair or replace the Product as he chooses.

3.9 Our disclaimers

3.9.3 The Canal Junction Website and Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be. So far as concerns a Product you buy through Our Website, we are not liable for:

• a) any product or service complying with the requirement of any law or being available;
• b) the Seller performing his contract;

3.9.4 We and the Seller can take any action that may reasonably be required from time to time to protect his interests and ours in connection with a beach or possible breach of the Regulations.

3.9.5 You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.

3.10 Dispute resolution

3.10.1 If you are not happy with our services or have any complaint then you must tell us by email message to services@canaljunction.com, by phone to 01691623126 or in writing to our head office address. We hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

3.11 Miscellaneous matters

3.11.1 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.

3.11.2 f you are in breach of any term of this agreement, we may:

• a) remove or edit content or cancel any order at our discretion;
• b) issue a claim in any court.

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

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

3.11.5 When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

3.11.6 Any communication to be served on either of us 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:

• a) if delivered by hand: on the day of delivery;
• b) if sent by post to the correct address within 72 hours of posting;
• c) 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.

3.11.7 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 our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

3.11.8 We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.

3.11.9 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

3.11.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales, and you agree that any dispute arising from it shall be litigated only in that country.