Terms of Business

2.Intellectual Property

A wide range of intellectual property rights are used in and relating to this website, including: a. the trade-marks and logos of the Licensor; b. the design, text, graphics and font used on the web pages on this website, together with all the web addresses associated with those web pages; and all the software used in relation to this website 2.1 One Brand Management Limited, is the owner of these intellectual property rights.

3. Market Information

Market information such as sector reports, positive articles and case studies are found and shared with potential investors to help educate them on the fundamentals of the property sector. ‘AGENTS’ do not have their own research department to verify the all the information provided in the market reports. The majority of market reports that are shared with investors have been researched and created by world renowned real estate consultancies. Although the companies track records place them in a good position to comment on and share their expert knowledge and valuable insight on the potential gains to be made by investing in a certain sector, we would encourage investors to do their own research and evaluate each property investment on its own merits.

4.Development information: measurements, tenure & usage Land, property and room sizes provided by ‘AGENTS’ and their associates or employee’s website, brochure or any promotional material are subject to survey. It remains the responsibility of the purchasers to satisfy themselves as to the correctness of such information. Buildings described on the listings on the website www.onetouchinvestment.co.uk, brochure and promotional literature remains the responsibility of purchasers. Prior to acquiring the property please check all necessary planning consents and licences have been obtained. Title and tenure is also the liability of the purchaser and their chosen solicitor.

5.Associated companies: ‘AGENTS’ and their associates or employees shall not be held liable or responsible for the actions of other persons or companies or firms with which it may be associated or have connections with.

6. Re-selling: If a property has been purchased with a view to re-selling please note that ‘AGENTS’ or their associates or employees do not guarantee selling properties prior to or after completion, nor do they guarantee any profits or returns, and have no control over the future volume of purchasers, their requirements or future market conditions. ‘AGENTS’ and its associates or employees do not market re-sale properties that you have purchased through them. It is also important to understand that reselling overseas property will be subject to a fee, and these charges can vary considerably.

7.Contact information: ‘AGENTS’ or their associates or employees do not accept liability from any client who has not informed the developer or agent who they have contracted with, regarding a new change of address or contact their details. If the developer cannot contact the client through the details they have on file and no evidence of informing the developer of the new address is provided. The client is at risk of losing the money invested in the property and the property itself.

8. Additional services: All related services offered, such as finance, mortgages, insurance, Currency exchange, legal and tax advice, removals and any other service from a third party – are merely recommended in good faith only and all agreements and contracts with such parties or for such services are entirely the responsibility of the buyer/user and service provider and not the liability or responsibility of ‘AGENTS’ or their associates or employees operate as sourcing and introducing agents only and do not organise NIE numbers, bank accounts, mortgages, power of attorney, immigration advice, etc…for clients. It is up to ‘the buyer’ to organise all of these, either with their appointed lawyer or mortgage broker.

9. Purchaser’s Responsibility: It is your responsibility to confirm that you are in a position to obtain financial products and services to proceed with any property purchase. ‘AGENTS’ acts as a marketing representative for property developers and they not responsible for arranging or assisting purchasers with arranging any loans or financial products. We strongly advise all purchasers to seek proper financial and legal advice before proceeding with any purchase and to make sure that any financial products are available to you. Reservation fees, property sourcing fees and fees associated with costs which are paid to ‘AGENTS’ by purchasers are non-refundable for any reason and, as such, should not be paid until you have carried out full due diligence for each investment and have satisfied yourself as to your ability to purchase any property sourced by ‘AGENTS’. All investment figures and deal structure examples in the ‘AGENTS’ marketing materials are indicative and meant only for guidance and marketing purposes. It is your responsibility to source and secure any financial product or mortgage required or deemed necessary in order to complete on a property purchase. We can introduce you to companies to assist you with all aspects of property investment but it must be understood that such introductions are made in good faith only, and you will enter into separate contracts with those companies that are introduced. Property deals may offer incentives or special offers by third-party companies such as property development companies etc. It is your responsibility to carry out your property valuation, due diligence and any other legal or financial research and diligence required to assess the benefit of any special offer or incentive such as discounts or contributions or rental guarantees or any other incentive offered by any third party company.

10. Fees:

10.1 Unless otherwise stated, there will be no fee payable by you, the purchaser, on each property purchased. We will receive a marketing fee from the developer upon the conclusion of the property purchase.

10.2 Suitability and ongoing performance We cannot guarantee that the property is suitable for purchase and all properties are sold subject to contract. Whilst we will do all that we can to provide a range of investment properties for you to evaluate. We cannot be held responsible for properties that turn out to be unsuitable. Agents are not asset managers; services beyond this should be considered outside their services and do not form part of the agreement between ‘AGENTS’ and yourself or any third party. They may support you through purchase process. ‘Agents’ may charge a ‘property sourcing fee’ if so they will be mentioned on the listing or follow-up email. It is at the discretion of the ‘AGENTS’ whether ‘property-sourcing fees’ can be credited to another property should you fail to complete your purchase of a reserved property. Should you choose to withdraw from a purchase or are unable to obtain a mortgage, fees will not be refundable, and no credits will be given.

11. Provision of Service: ‘OBM’ and its advertisers as ‘Agents’, their partner companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the availability, accuracy, quality, timeliness, reliability, truthfulness or completeness of this Website or the content contained in or accessed through this Website, including, but not limited to, the contents of any content, information, material, Webcam images or posting found on this Website (including, but not limited to, any press releases or financial information), any services provided through this Website, or any links to other sites made available on this Website or the content contained on such site(s), or as to the uninterrupted, continuous or error-free use and operation of the internet, this Website or any related services or that any of them is free from defects, viruses or other harmful components. You expressly agree that the use of the Website and property-sourcing services is at your sole risk.

12. Claims and Guarantees: You agree that all photos and figures quoted are for illustrative purposes only and that it is up to you to conduct sufficient due diligence and research into the property including seeking competent authority prior to making any financial decision, this includes undertaking a property valuation, researching the area and market rent. We make no claims as to the specification of the finished property. You will need to refer to the builder’s specification sheet for the individual property. We have given you no guarantees. You are aware that property values and rents can go up as well as down and that if you do not keep up payments on loans or mortgages secured on your property, it may be repossessed.

13. Costs incurred in buying a property: ‘AGENTS’ cannot be held liable and accepts no responsibility for any costs associated with the purchase of property listed on the website. AGENTS is responsible solely for the introduction of the purchaser to the property developer. The property purchase is subject to contract and the prospective purchaser should instruct a solicitor to advise them.

14. Limitation of Liability: Without prejudice, ‘AGENTS’ shall in no circumstances be liable – i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from any delays.

'OBM' and their partners, affiliates, officers, employees, agents, contractors, successors and assigns do not accept any liability for any investment decisions made on the basis of, arising out of, or in any way related to, the use of the information contained the emails provided or information presented on their website.

The information and services provided by ‘AGENTS’ do not constitute financial, investment or tax advice and should not be taken as such. ‘AGENTS’ employees are not licensed investment advisors or licensed estate agents. ‘AGENTS’ employees are not authorised by the Financial Conduct Authority to provide investment or financial advice. We encourage you to obtain professional advice before proceeding with any investment. We present information in good faith from the source from which it is provided, but we cannot vouch for its accuracy, nor can we be held responsible if such information is deemed to be inaccurate.

15.Copyright: All of the content on this site is the property of ‘AGENTS’ and is protected by UK and international copyright laws. “Content” means any information, mode of expression, or other material and services found on the website www.onetouchinvestment.co.uk, printed matter or any other form of communication from ‘AGENTS’. This includes discussion boards, chat, software, our writings, graphics and any other features found on these sites.

16. Force Majeure: We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control, including (without limiting the foregoing) Acts of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.

17. Non-Circumvention: Each Party agrees not to directly or indirectly contact, deal with, transact, or otherwise be involved with any corporation, partnership, proprietorships, trust, individuals, or other entities introduced by either Party without the specific written permission of the introducing Party.

18. Each Party: agrees not to directly or indirectly circumvent, avoid or bypass each other regarding any sale, acquisition, cooperation, partnership, or other business relationship with entities introduced by either Party.

17. Penalty: Should either party breach clause 2 above, the party in contravention shall be obliged to pay a fixed penalty equivalent to of the total income from any resultant sale, acquisition, cooperation, partnership or other business relationship, should the circumvention not have occurred.

18. Non- Disclosure: Each Party agrees not to disclose or otherwise reveal to any third Party the identities, addresses, telephone numbers, facsimile numbers, E-mail addresses, telex numbers, bank codes, account numbers, financial reference, or any other entities introduced by either Party to the other without the specific written permission of the introducing Party.

19. Language: The language in all the Agreement shall be in all cases constructed simply according to its fair meaning and not strictly for or against of the Parties and it is agreed that the English language is used.

20. Legal Fees: If any party files any action or brings any proceeding against other arising from this agreement, or is made a party to any action or proceeding arising from these terms of business, the prevailing party shall be entitled to recover as an element of their cost to suit and not as damages reasonable attorney’s fees to be fixed by the court, arbitrator or adjudicative authority. The prevailing party shall be the party entitled to recover their cost to suit or arbitration, whether or not entitled to recover costs.

Section B 2.1 In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings: “Account” the business relationship governed by this Agreement; “The Advertiser” you, the entity in whose name your are opening this Account; “OBM” the website hosted at www.onetouchinvestment.co.uk and any affiliate or subsidiary sites or advertising platforms to which OBM supplies Information; “Real Estate” is an individual property, area of land or derivative investment product; “Listing” any piece of real estate published for inclusion on OBM; “Information” information (to include, without limitation, photographs and property descriptions) relating to Listings added by or on behalf of The Advertiser to OBM; “Service” any and all activities designed to increase the number of Leads referred from or by OBM to the Advertiser; “Lead” is a Customer referral made by OBM via the Lead Systems; “Lead Systems” any software, mechanism or systems designed to refer Customers to businesses with an Account at OBM; “Advertisement” any material to be used in additional promotion or campaigns as part of the Services such as email newsletters, video adverts, text adverts, featured Listing placements, banners, skyscrapers, MPU’s, sponsorships, advertorials that is designed to increase the number of Leads. “OBM Fee” the price charged for the Services, as determined by the Advertiser; “Lead Fee” a price charged by OBM to the Advertiser for each Lead; “Intellectual Property” all intellectual property rights, including patents, utility models, inventions, copyrights, database rights, design rights, trade and service marks, trade names domain names, moral rights, topography rights, trade secrets and know-how in all cases whether or not registered or registrable and including all registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having an equivalent or similar effect to any of these existing anywhere in the world; “Customer” is a user of OBM or any other individual or entity referred to the Advertiser by OBM.

3. RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS 3.1 This section applies to you only if you are an EU consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000. (You can find these regulations by searching on www.opsi.gov.uk). 3.2 You may cancel your order within 7 days of placing your order by following the refund instructions on our Site or otherwise giving Us written notice in accordance with the Distance Selling Regulations. Within 30 days of your notice We will refund credit card payments by credit card refund. However, this right of cancellation does not apply once the delivery of our Services has commenced, in which case you agree to performance of the contract starting before the usual cancellation period has expired.
4. USE OF OUR SITE – GENERAL 4.1 You must be 18 years or over to open an Account with our Site. 4.2 You must comply with our reasonable instructions concerning use of our Site. 4.3 You must supply Us with correct information on registration and keep your information up to date. 4.4 You must not: 4.4.1 use our Site for junk mail, spam and pyramid or similar or fraudulent schemes; 4.4.2 do anything which may have the effect of disrupting our Site including worms, viruses, software bombs or mass mailings; 4.4.3 attempt to gain unauthorised access to any part of the Site; or 4.4.4 use our Site other than for the purposes set out in these terms and conditions. 4.5 We provide enquiry forms associated with each listing for the sole use of users making genuine enquiries relating to the listing. We reserve the right to monitor use of these forms and to delete any communications which are not genuine (such as unsolicited commercial marketing). 4.6 All Leads are sold on a non-exclusive basis unless otherwise agreed explicitly in writing. 4.7 All Property Information of any real estate sold or which is no longer available on the market must be removed from the Site within 10 working days of the Advertiser becoming aware of such information.
5. ADVERTISEMENTS 5.1 We reserve the right to check all new Listings submitted to us. We will do so within a reasonable period after they have been submitted to us. We reserve the right at our discretion to reject Listings that: relates to any Real Estate that has already been added to the Site by another company on OBM or that relates to any Real Estate for which another company can demonstrate marketing rights that in any way determined by OBM supersede those of the Advertiser; OBM does not wish to make available to its Customers for any reason it so determines; is listed while the Advertiser is in breach of any of its obligations under this agreement, temporarily or otherwise. 5.2 Advertisers warrant that Listings and other Advertisements are accurate and up to date, are not misleading, comply with all applicable laws, regulations and codes of conduct and do not infringe any third party intellectual property or other rights. Also, such content must not be offensive, vulgar, racist, abusive, invasive of another’s privacy or similarly inappropriate. 5.3 All Advertisements must also comply with the following guidelines: 5.3.1 Advertisements must not include claims relating to the Real Estate which are not matters of fact or which cannot be checked by reasonable inspection or survey, or in the case of any legal matters, verified by relevant documents; and 5.4 We reserve the right in our discretion without notice to edit the text or layout of Advertisements submitted to or posted on our Site (including removal of hyperlinks to, or addresses of, or other websites from property listings) or to locate or relocate Advertisements on our Site where We think fit. 5.5 Only one item of Real Estate can appear on each Listing, except in the case of multiple units at the same location. We reserve the right in our discretion to determine whether multiple units do qualify for a single listing. The Real Estate initially listed may not be changed without our prior written consent. 5.6 We may at any time immediately cancel your registration or use of our Site without cause including removal of any Advertisement. If so, we will refund in full any fees already paid for the period in respect of which We take such a step. 5.7 If: 5.7.1 We have good reason to believe that you have breached this agreement or that it is necessary to protect Us or our users; or 5.7.2 We receive a complaint relating to an Advertisement or an Advertiser or to products or services referred to in an Advertisement; or 5.7.3 if We are required by law or appropriate authority we may without giving notice or reasons remove or suspend any Listings or Advertisements or terminate a user’s registration or right to use our Site. In such case solely at our discretion We may provide a refund pro rata of any relevant fees paid for any unused period. 5.8 We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or removal of a Listing or Advertisement or from termination of registration for or of use of our Site provided We act in accordance with this agreement. 5.9 If We have given notice in accordance with any of the previous paragraphs, you must not attempt to re-register for or use our Site or services or re-post or re-submit the relevant content as the case may be. 5.10 We may in our discretion change or remove any feature of our Site. If this is a significant part, We will refund any applicable fees already paid for the remainder of the period to which the fee relates. 5.11 By agreeing to these terms you grant us the right at our discretion to use any legitimate methods to generate leads for your listings or business, including – but not restricted to – organic search engine optimisation, Google Ads, Bing Ads, Twitter, Facebook, YouTube, LinkedIn, online display advertising, email newsletters, featured property placement and any other promotional activity that we utilise as part of our normal business activity.
6. PAYMENT / REPORTING 6.1 The Lead Fee will be payable for all Leads unless otherwise agreed in writing. 6.2 Leads count as unique when they show different contact email addresses except that We will treat enquiries with the same email address as unique where they are sent more than 30 days apart. 6.2 Payments must be made by the methods shown on our Site. 6.3 All fees shown on our Site are exclusive of VAT unless otherwise stated. You must make all payments without any set-off, counterclaim and/or any other deduction. 6.4 It is your responsibility to keep your account in sufficient credit to pay for the relevant Services. We reserve the right to disable, suspend and/or remove Advertisements if there is insufficient credit in your account. We do not pay interest on monies credited to your account. 6.5 If your account balance reaches zero, your Listings and Advertisements may be suspended until you top up your account. 6.6 We will not store or retain any credit or debit card numbers in relation to your account. 6.7 The Advertiser will pay for Services and Leads in advance. If technical issues or administrative errors result in leads being supplied to the Advertiser without advance payment, the Advertiser shall remain liable for the fees that would ordinarily fall due. We reserve the right to deduct the value of the fees due from the account balance of the Advertiser. Our decision as to whether this deduction shall be enforced is final but We promise to act reasonably.
7. TERMINATION 7.1 For all Services: 7.1.1 30 days’ notice is required from The Advertiser for termination of Services; 7.1.2 We reserve the right to continue with scheduled Advertisements for the 30 days notice period, during which time OBM Fees and Lead Fees will accrue as normal; 7.1.3 A period of 30 days after the notice period ends is required in order to determine the OBM Fees; 7.1.4 Any prepayments of OBM Fees or Lead Fees will be non-refundable. 7.1.5 The higher of either £1,000 or 50% of any Media Spend paid by the Advertiser for Advertisements is non-refundable; 7.1.6 If the Advertiser terminates the Services, all discounts applied to Services will be invalidated and full prices in accordance with current published rates will be applied retrospectively and deducted from any refundable amount of Media Spend. 7.2 In all other situations, either party can cancel this agreement at any time by email notifying the other party in writing. Termination will take effect within one UK business day of receipt of notification. You remain liable for all fees incurred up to the date that the termination takes effect, including any fees that have not been automatically deducted from your account. 7.3 If We hold any funds on credit at the termination date, these will be repaid to you by credit card refund or such other method as We may determine, less any due Fees already incurred. An additional administration charge of £50 will be charged for any such refunds. 7.4 You can also cancel this agreement where otherwise permitted in these T&Cs. 7.5 Termination of this Agreement, howsoever caused, shall be without prejudice to any rights or liabilities accrued at the date of termination and shall result in the removal by OBM of all Information uploaded by the Advertiser onto OBM.
8. REFUND POLICY 8.1 If you are not a business and wish to cancel your first online subscription payment for any reason, We offer a refund of the advertising fee paid (less the administration fee) provided that you contact Us in accordance with the refund instructions on our website within 24 hours of your online payment order. This does not affect any other refund entitlement in these T&Cs. 8.2 Individual leads cannot be refunded. Our decision on validity of leads and Services shall be final but We promise to act reasonably.
9. SECURITY 9.1 Any username, password, activation code or similar information allocated to you is personal and not transferable. You must keep these secure and not disclose them to any third parties. Protect against unauthorized access to your computer. Ensure that you sign off when you finish using a shared computer. 9.2 You are responsible for the acts or omissions of anyone who uses your information or account, whether fraudulent or not. You agree to indemnify Us against any claims of this kind. 9.3 You must notify Us immediately of any apparent security breach such as loss, theft, misuse, unauthorised disclosure, or use of a password. In such case, you should immediately amend your password.
10. SITE AND SERVICE AVAILABILITY 10.1 You will need reliable internet access. Some features will require broadband access for the best quality of service. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our Site. 10.2 We will do our best to maintain the operation of our Site and to rectify faults if they occur but cannot guarantee that the site will be uninterrupted or error-free or will achieve particular results nor do We guarantee the integrity or security of data. 10.3 We may have to suspend the site for repair, maintenance, improvement or other technical reason. If so, We will do our best to ensure that the suspension takes place at a time when our Site is least likely to be used and that the suspension is for the shortest period possible. 10.4 We may make changes to the Site provided that these do not have a significant adverse effect on their quality. 10.5 If you are supplying Advertisements to our Site via an automated “feed”, you must comply with our technical requirements and ensure that the data does not contain viruses, Trojans or the like or otherwise unreasonably interfere with our Site and shall make the feed available to Us in the agreed location not less than once per week.
11. THIRD PARTY WEBSITES 11.1 We have relationships with third party affiliate and subsidiary sites to which we supply Information. You hereby consent for your Information to be included on those sites. A full list of those sites is available on request and may be subject to change without notice.
12. INTELLECTUAL PROPERTY 12.1 The Advertiser acknowledges and agrees that all right, title and interest in all Intellectual Property Rights in the Services and/or OBM are and shall remain the exclusive property of OBM. 12.2 The Advertiser shall indemnify and keep OBM indemnified against any and all losses arising from any claims brought against OBM that Information supplied by the Advertiser and uploaded onto OBM infringes the Intellectual Property Rights of a third party. 12.3 Except as expressly permitted in this Agreement, the Advertiser shall not, and shall not permit others to: (i) modify, translate, create or attempt to create derivative copies of or copy the Services or OBM in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Services or the OBM to source code form; (iii) distribute, sublicense, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Services or the Advertiser right to use the Services.
13. LIMITATION OF LIABILITY 13.1 Nothing in this Agreement excludes or limits the liability of either party for death or personal injury caused by its negligence or for any matter which it would be illegal for either party to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation. 13.2 All warranties, representations, guarantees, conditions and terms other than those expressly set out in this Agreement, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from this Agreement. 13.3 You must give Us a reasonable opportunity to remedy any matter for which We are liable before you incur any costs remedying the matter yourself. 13.4 If you are a business, our liability of any kind (including our own negligence) with respect to our Site for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of. 13.5 If you are a business, in no event (including our own negligence) will We be liable for any: 13.5.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); 13.5.2 loss of goodwill or reputation; 13.5.3 special, indirect or consequential losses; or 13.5.4 damage to or loss of data (even if We have been advised of the possibility of such losses). 13.6 If you are a consumer (ie not a business), We shall not be liable for any loss or damage caused by Us or our employees or agents in circumstances where: 13.6.1 there is no breach of a legal duty of care owed to you by Us or by any of our employees or agents; 13.6.2 such loss or damage is not a reasonably foreseeable result of any such breach; 13.6.3 such loss or damage is caused by you, for example by not complying with this agreement; or 13.6.4 such loss or damage relates to a business. 13.7 For the avoidance of doubt, both parties acknowledge and agree that OBM is not representing that the use of and access to the Services and/or OBM shall guarantee any increase in the volume or value of Real Estate sold by the Advertiser.
14. INDEMNITY 14.1 If you are a business, you will indemnify Us against all claims and liabilities directly or indirectly related to your Advertisements and Listings (if you are an advertiser) and/or breach of this agreement. 14.2 If you are a consumer, you will liable for any loss or damage We suffer arising from your breach of this agreement or misuse of our Site. 14.3 We are not obliged to conduct any independent investigations to verify the accuracy of Information provided by the Advertiser for upload onto OBM.
15. FORCE MAJEURE 15.1 The obligations of each party under this Agreement shall be suspended during the period and to the extent that that party is prevented or hindered from complying with them by any cause beyond its reasonable control, including (but without prejudice to the generality of the foregoing expression) strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm. 15.2In the event of either party being so hindered or prevented, the party concerned shall give notice of suspension to the other party as soon as reasonably possible, stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party. In the event that the cause continues for more than 3 months, either party may terminate this Agreement by giving the other party 30 days’ notice.
16. GENERAL 16.1 This agreement constitutes the entire agreement between you and Us in connection with our Site. We may assign all or part of our rights or duties under this agreement provided We ensure that your rights under this agreement are not prejudiced. You may assign all or part of your rights under this agreement only with our prior written consent which may not be unreasonably withheld or delayed. Any failure by either party to exercise or enforce any right or provision of this agreement does not constitute a waiver of it, nor operate to bar the exercise or enforcement of it at any time or times thereafter. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise. 16.2 The illegality, invalidity or unenforceability (in whole or in part) of any provision of this Agreement shall not affect the other provisions, and the other provisions of this Agreement and the remainder of the affected provisions shall continue to be valid, and the parties agree to use their best endeavours to negotiate in good faith and agree a valid provision with a similar effect to the affected provision so far as that is possible. 16.3 Nothing in this Agreement or any document referred to in it or any arrangement contemplated by it shall be construed as creating a partnership between the parties for any purpose whatsoever and neither party shall have the power or authority to bind the other party or impose any obligations on it to the benefit of any third party. 16.4 Each party shall treat as strictly confidential and shall procure that its employees, sub-contractors and agents treat as strictly confidential all information received or obtained as a result of entering into or performing this Agreement which relates to: the provisions of this Agreement or any documents ancillary thereto; the making of, or the negotiations relating to, this Agreement; and/or the other party, and shall only use the same in connection with matters concerning this Agreement.
17. LAW AND JURISDICTION 17.1 The terms set out in this Agreement shall be governed and construed by the laws of England and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
18. COMPLAINTS 18.1 If you have any complaints, please contact Us via the contact details shown on our website or write to our registered office shown at the start of these T&Cs.