The Key Terms (as defined below) and the Terms & Conditions set out herein together comprise the “Agreement” relating to the provision of the Tickets and / or Services to the Customer by AOK Events Limited (registered office The Wigan Investment Centre, Waterside Drive, Wigan, WN6 0GH) (“Company”), where the Company is delivering the Services in its capacity as a principal.
If there is any conflict or inconsistency between a provision in the Key Terms and a provision in these Terms & Conditions, the provision in the Key Terms shall take precedence.
The purchase of Tickets is in addition subject to any additional specified terms and conditions stated to be applicable to an Event, terms and conditions of the Event and any venue terms and conditions (including conditions of entry). On occasion an Event may be subject to additional conditions of entry which will be notified to you after purchase. You should read these Terms & Conditions and any other applicable terms carefully before you make a purchase.
The Company reserves the right to make changes to these Terms & Conditions from time to time. Any changes will be displayed on the website and you should check the website regularly for changes. These Terms & Conditions may have changed since you last reviewed them.
Any capitalised terms used in this Agreement shall have the meanings given to them in the left hand column of the Key Terms or in Clause 1 of these Terms & Conditions.
The Company and the Customer are each a “Party” and together, the “Parties”.
References in these Terms & Conditions to “us”, “we”, “our” means the Company – AOK Events Limited.
References to “you”, “your” or “yours” means the Customer as set out in the Booking Form.
Background IPRs means all Intellectual Property Rights owned by, or licensed to, a Party prior to the Start Date;
Booking Fee means the amount, if any, specified in your order for Tickets as being the amount paid to the Company for administering the booking of Tickets;
Costs means the Price or the monies paid by you as set out in the Booking Form;
Confidential Information means the existence and terms of this Agreement and all information disclosed by one Party to the other Party in connection with this Agreement, relating to its business and affairs, know-how, ideas, concepts, Intellectual Property Rights, technology and processes, business or marketing information, financial affairs, arrangements or agreements with third parties (in each case, whether in oral, visual or any other form) save to the extent that such information: (i) is already in the public domain at the time of disclosure; or (ii) enters the public domain other than by breach of any obligation of confidentiality;
Deliverable(s) means any materials created by Company for you pursuant to the Agreement, including any specific deliverables requested by you (including any set out in the Key Terms), but excluding any of Company’s Background IPRs;
Documentation means any guest registrations, admission documents or other documentation required by you to enable you and the Guests to fully benefit from the Services;
Event if applicable, means the event in respect of which Company is delivering event related services, providing hospitality related services or providing Tickets (as applicable), in each case, as detailed in the description of Services in the Key Terms;
Force Majeure Event means all events beyond the control of the affected Party including but not limited to war, hostilities, invasion, terrorist activities, riot, civil commotion, epidemic, pandemic, strikes, government control, royal bereavement, lock-outs, fire, flood, storm or other natural catastrophe, or any threat of the aforementioned, or any failure or delay caused by a sub-contractor or other third party supplier;
Goods means the goods specified in the order, excluding Tickets, supplied as part of the Services described in the Key Terms;
Guests means the guests listed in the Key Terms and/or such other guests as are invited to the Event by you in accordance with the terms of this Agreement;
Intellectual Property Rights means any current and future intellectual property rights, including: (a) copyrights, trademarks, trade names, domain names, rights in logos and get-up, inventions, confidential information, trade secrets and know-how including commercial know-how, design rights, patents, rights in databases, privacy rights; (b) all intangible rights and privileges of a nature similar, analogous or allied to any rights listed in (a); and (c) in every case in any part of the world and whether or not registered, including in relation to any of rights listed in (a) and (b): (i) all granted registrations and all applications for registration; (ii) all renewals, reversions or extensions; (iii) the right to sue for damages for past infringement; and (iv) all forms of protection of a similar nature which may subsist anywhere in the world;
Key Terms means the booking form either provided to you in hard copy or as found online for bookings made via our website each setting out the key commercial terms relating to the booking which include the following details:
- Your details (including contact details);
- Booking name and reference;
- Description of the Services (including Event details, Venue details, description of any Company services and details of Guests);
- Confirmation that you wish to contract with Company as principal; and
- Details of the total Costs payable by you.
(the Booking Form), the content of the Booking Form may vary depending upon the Tickets, Event or Service.
Ordinary Expenses means the expenses incurred by you and the Guests during the Event;
Payment Terms means the payment terms applicable to the Costs, as set out on the relevant Company invoice or in accordance with these Terms & Conditions for online purchases;
Price means the cost of a Ticket excluding the Booking Fee or any administrative fees shown separately to the purchase price;
Services means the creative event related services (provided by AOK Creative) and/or venue finding services (provided by AOK Venues) and/or hospitality related services (provided by AOK Cavendish), or gift finding services, as applicable, and as detailed in the Key Terms;
Start Date means the date of receipt by Company of your acceptance of this Agreement, whether online or in hard copy, for online orders the Start Date will be the date of the e-mail confirmation of acceptance of the order; and
Term has the meaning given to it in Clause 2.1.
Tickets means tickets for events allocated to us by either a third party event organiser or a venue, or otherwise.
2) Term and Engagement
2.1 The Agreement shall commence with effect from the Start Date and shall continue thereafter until the completion of the Event or the completion of the Services (whichever is later) or unless and until otherwise terminated in accordance with the terms of this Agreement (the Term). Where Tickets have been purchased the contract will be completed upon delivery of the Tickets to you.
2.2 After you place an online order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.3.
2.3 For online orders our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
2.4 You engage the Company to perform the Services in accordance with the Agreement for the duration of the Term. You acknowledge that the Company may use sub-contractors and third-party suppliers to provide certain elements of the Event and/or Services (including venue owners, talent, and suppliers of production, catering and travel related services, accommodation etc).
2.5 You acknowledge that the Company is appointed to provide the Services on a non-exclusive basis and nothing shall prevent Company from providing any services of the same or similar nature to the Services to any third party.
2.6 By purchasing Tickets or Services from the Company you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions. If you do not agree with the Terms & Conditions (or any additional specified terms, or the Event or venue’s terms and conditions) or if you cannot comply with any of them, then you must not make a purchase.
3) Company’s Obligations
3.1 The Company shall perform the Services during the Term with reasonable skill and care and in compliance with applicable laws.
3.2 The Company shall use its reasonable endeavours to meet any performance dates or milestones set out in the Key Terms but any such dates are estimates only and time for performance shall not be of the essence.
3.3 If the Tickets specify seating areas this is for illustration purposes only. Any specified seating is subject to change.
3.4 Where the provision of Services includes Goods, for example by provision of the gift selection services, such provision of Goods is provided as part of the Services only. Goods have either been personalised, branded or purchased to your specification and cannot be returned, subject to the warranties at clause 16.3 to 16.5.
3.5 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
3.6 The packaging of your Goods may vary from that shown on images on our website.
3.7 Delivery is complete once the Goods have been delivered to the address for delivery set out in your order and the Goods will be at your risk from that time.
3.8 You own the Goods once we have received payment in full, including all applicable delivery charges.
4) Your Obligations
4.1 You shall co-operate with the Company in all matters relating to the Services to ensure the timely and proper performance by the Company of the Services.
4.2 You acknowledge and agree that you are fully responsible for the behaviour of your Guests at the Event. Further, you acknowledge that Guests may be refused entry at the Event if the number of Guests exceeds any maximum venue capacity notified to it by the Company.
4.3 You agree that, in addition to your compliance with the terms of this Agreement, you shall comply with, and procure the compliance of your Guests with, all relevant terms and conditions (including any ground regulations or other venue or ticket terms and conditions that may be applicable), any guidelines (including relating to health and safety) and instructions of the Event itself and the Venue at which the Event is held.
4.4 You must provide accurate information within the Booking Form. You must check the information contained within the Booking Form and on the order confirmation e-mail sent to you (if the booking is made using the Company’s website). The Company accepts no responsibility for any failure by you to comply with this requirement. If the Booking Form or the order acknowledgment contain any errors you must contact the Company immediately.
4.5 You must be aged 18 or over to purchase Tickets.
5) Costs and Payments for online Purchases
5.1 All prices shown on the website are exclusive of VAT and any Booking Fees. The final price shown at the point of purchase includes all fees and VAT.
5.2 All purchases online must be paid for at the point of purchase. The Company accepts the following payment methods;
- American Express
- Google pay
5.3 Whilst the Company seeks to ensure that the prices of all Tickets are accurate, errors may occur. In the unlikely event that there is an error in the price displayed at the time of purchase the Company will inform you as soon as possible and give you the option of continuing with the order at the corrected price (either after taking the additional payment or refunding any excess payment). Your order will be deemed to be cancelled if you do not confirm your intention to proceed with the order or fail to pay any additional sums due and a refund will be given, including the Booking Fee.
5.4 You are not entitled to a refund if the Price of the Tickets purchased changes after you have purchased.
5.5. All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us and/or our third party agent Stripe. Your order may be cancelled if it does not pass the verification process or if payment is not received in full. In rare circumstances, if
your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent (excluding the Booking Fee). We accept no responsibility or liability for such cancellations, as these are outside our control.
5.6 In the unlikely event that the Tickets become unavailable your order will also be cancelled. The Company will take steps to notify you of this as soon as possible and you will be refunded in full (including the Booking Fee) if payment has already been made.
6) Costs and Payment for non-online purchases
6.1 In consideration for the provision of the Services by Company, you shall pay the Costs to us in accordance with the Payment Terms.
6.2 The Costs shall be payable by way of bank transfer to the bank account nominated by the Company from time to time or other payment method specified in the Key Terms.
6.3 All amounts payable by you under this Agreement are exclusive of VAT (unless otherwise specified in the Key Terms) and shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding required by law).
6.4 In addition to the payment of the Costs, you shall also reimburse Company for all reasonable expenses which have been properly incurred by Company in connection with the provision of the Services, together with any Ordinary Expenses and any expenses charged to Company in respect of any reduction in the final number of Guests attending the Event. You shall pay these expenses in accordance with the Payment Terms.
6.5 Where the Costs are less than £5,000 + VAT (in total), a postage and packaging charge of £6.95 will be added to your invoice for secure special delivery of any Documentation.
6.6 Without prejudice to any of Company’s rights, failure by you to pay any sums due to Company by the relevant due date shall entitle Company to cease provision of the Services, refuse to book any other events or purchase tickets under this Agreement (or any other contract with you) and to cancel any uncompleted bookings without incurring any liability whatsoever to you.
7) Intellectual Property Rights
7.1 Each Party retains ownership of its Background IPRs and nothing in this Agreement is intended to transfer any title, right or interest in such Background IPRs to the other Party (unless expressly stated).
7.2 You grant to the Company a royalty-free, worldwide, non-exclusive, perpetual and irrevocable licence to use any of your Background IPRs solely to the extent necessary for Company to provide the Services and/or Deliverables and for the Company to promote its services (including but not limited to using your logos on the Company’s website).
7.3 The Company shall retain ownership of all Intellectual Property Rights in the Deliverables (excluding any of your Background IPRs). To the extent that any rights in the Deliverables vest in you, you hereby assign such rights (by way of present and future assignment) to the Company free of charge with full title guarantee. You shall take all steps necessary to give effect to this assignment.
7.4 Subject to full payment of the Costs and expenses, the Company grants to you a worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to use and modify the Deliverables (excluding the Company’s Background IPRs) for the purpose of receiving and using the Services and the Deliverables.
7.5 Each Party warrants to the other Party that the use of any of its Background IPRs by the other Party strictly in the manner permitted under this Agreement will not infringe the Intellectual Property Rights of any third party.
8) Cancellation (excluding Tickets)
8.1 If you wish to cancel the Services, you must promptly notify the Company in writing. In such circumstances, you shall be required to pay to the Company all Costs and expenses incurred (or irrevocably committed to by Company) within 7 days of the cancellation date.
8.2 Subject always to Clause 8.1, where the provision of the Services by Company includes the provision of guest admissions, accommodation, third party services (such as catering, production, talent etc), and where Company receives a refund from its supplier(s) for the same, Company shall at its sole discretion refund to you such amounts that it has received (less an administration fee of 15% where Company has not charged a management fee).
8.3 If you cancel any Services or reduce the number of Guests and Company has already sent to you the relevant Documentation, you agree to return such Documentation to the Company immediately at your own cost.
8.4 You acknowledge that the cancellation and administration Costs set out above are reasonable. The Company levies these charges as a genuine pre-estimate of its loss, both to cover its administration costs and to protect it against losses when customers cancel bookings.
8.5 The Company shall use its reasonable endeavours to mitigate any additional third party costs which arise as a result of any cancellation by you. Notwithstanding this, you agree to indemnify the Company from and against any and all third party costs, claims, damages and expenses suffered or incurred by Company as a result of any cancellation pursuant to Clause 8.1.
8.6 Cancellation of any orders for Tickets will be dealt with in accordance with clause 9.
9) Cancellation & Changes – Tickets
9.1 Tickets cannot be cancelled by you, exchanged or refunded subject to the remaining provisions of this clause.
9.2 The purchase of Tickets is subject to a maximum purchase number per customer on some occasions. This will be displayed on the website. Any Tickets purchased in excess of the maximum purchase number per customer will be refunded.
9.3 If your Ticket is for an event which is cancelled or rescheduled the Company will notify you once we have received the updated relevant information and authorisation from the event using the information contained within the Booking Form. Whilst the Company will take all reasonable steps to notify you as soon as possible on some occasions we may not be able to update you on the changes before the date of the event. It is your responsibility to check the times and dates of the events.
9.4 If the event you have purchased a Ticket for is cancelled you will receive a refund. Your Booking Fee will not be refunded. If your purchase is of Tickets for events over several days a proportionate refund may be offered to you.
9.5 If your Ticket is for a rescheduled event the Ticket will be valid for the new date or a Ticket/(s) may be offered for the rescheduled date. It may not be possible to cancel Tickets for a rescheduled event where the Tickets remain valid.
9.6 Refunds will be processed using the same means of payment as you used for the initial purchase and will where possible be made within 60 days of notification of the right to the refund.
10) Service Amendments
If you wish to request the provision of certain additional services which fall outside of the scope of the Services, you shall submit details of the requested additional services in writing to the Company. The Parties shall then negotiate in good faith the terms which are to apply to such additional services (including any additional Costs and expenses) and shall document any agreed additional services in writing. Following which, such additional services shall be deemed to form part of the “Services”. For the avoidance of doubt, the Company shall be under no obligation to agree to the provision of any additional services.
11) Documentation / Tickets
11.1 No Documentation or Tickets shall be issued to you until the Company has received in clear funds the total Costs payable under this Agreement.
11.2 Documentation will usually be delivered by e-mail to the e-mail address provided by you in the Booking Form. If Tickets are to be delivered by post to you, your address in the Booking Form will be used. There is no charge for the delivery of Tickets.
11.3 If Documentation or Tickets are posted to you, you agree that risk in the Documentation or Tickets shall pass to you upon the Company posting the Documentation to the address stated in the Booking Form or otherwise notified in writing by you. The Company shall not be liable for any losses, damages or costs arising from non-delivery of any Documentation or Tickets and the Company reserves the right to levy an additional charge for issuing replacement Documentation or Tickets.
11.4 Lost or damaged Tickets cannot be replaced.
11.5 No Documentation relating to the Event may be resold or transferred by you (and you shall procure your Guests’ compliance with the same restriction).
11.6 You may not resell or transfer your Tickets if prohibited by law. In addition, for some Events the resale or transfer of Tickets is strictly prohibited or restricted. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of the applicable law or any restrictions or prohibition imposed by the Event is grounds for seizure or cancellation of that Ticket.
11.7 You are not entitled to purchase any Tickets as a trader in the course of your business with the intention of reselling the Tickets for profit.
11.8 No Documentation or Tickets shall be used as competition prizes, or trade incentives, nor may they be used in raffles, tombolas, lotteries or draws whether for commercial or charitable purposes without the prior written authority of the organisers of the Event (who shall be entitled to withhold such authority at its discretion).
11.9 Any Documentation relating to entry to the Event or Ticket which is obtained in breach of these Terms & Conditions shall be void (together with all rights conferred or evidenced by such Documentation or Ticket). Any person seeking to use Documentation or Tickets in breach of these Terms & Conditions in order to gain or provide entry to or remain at the Event shall be liable to be refused admission or to be ejected from the Event and may be liable to legal action.
11.10 The Documentation or Tickets will set out the date and time for the Event. Please note that the final timings are subject to change.
12) Force Majeure
12.1 The Company shall be not liable for any failure to fulfil any of its obligations under the Agreement insofar as such failure is due to a Force Majeure Event. In such circumstances, the Company shall promptly notify you of the existence of such Force Majeure Event, and shall use reasonable endeavours to overcome the Force Majeure Event. If a Force Majeure Event occurs and effects the date of an Event and/or continues for 14 days or more, the Company shall be entitled to terminate the Agreement immediately on written notice to you, without incurring any liability to you.
12.2 If the Agreement is terminated due to a Force Majeure Event then the Company shall be entitled to invoice you for any and all outstanding amounts due to be paid by you to the Company under the Agreement as at the date of termination.
12.3 Nothwithstanding any provision in the Terms and Conditions, it is agreed that the Company and/or you (in respect of an Agreement for Services) shall be entitled to postpone this Agreement by notice in writing as a direct result of the Coronavirus epidemic in the event that, acting reasonably and in good faith, it considers that it is inappropriate to stage the Event and/or staging the Event would harm the name and reputation of the Company or you, and in such an event, the parties agree to postpone the Event to a date to be mutually agreed and all of the same terms and conditions shall apply, and the Agreement shall be deemed amended accordingly.
13) STATUTORY RIGHTS – Your Termination Rights relating to the Purchase of Tickets if you change your mind
13.1 Tickets – You cannot cancel your purchase of Tickets, and the purchase of the Tickets will not be refunded save for in the circumstances set out in clause 9. You will be responsible for the Booking Fee.
13.2 Termination if something goes wrong If your product is Goods, excluding Tickets, and you are a Consumer the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get a refund.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
14) Termination of Services (excluding Tickets)
14.1 Either Party (the Non-Defaulting Party) may terminate this Agreement immediately by written notice to the other Party (the Defaulting Party) if:
- the Defaulting Party undergoes an insolvency related event;
- the Defaulting Party commits a material breach of this Agreement which cannot be remedied; or
- the Defaulting Party commits a remediable material breach and fails to remedy such breach within 30 days of receipt of notice from the Non-Defaulting Party requesting the remedy of such breach.
14.2 Termination of this Agreement shall be without prejudice to any rights and/or obligations of either Party accruing prior to the date of such termination.
14.3 Upon the expiry of the Term or earlier termination of this Agreement:
- Company shall cease to provide the Services;
- All sums due to Company shall become immediately payable by you; and
- Each Party shall upon request return to the other Party or destroy any Confidential Information of the other Party or any other materials belonging to the other Party which are in its possession or control.
14.4 Any Clauses of this Agreement which are intended to survive the termination or expiry of this Agreement shall continue with full effect notwithstanding the expiry or termination of this Agreement.
15) Insurance for Events
15.1 You agree to use your best endeavours to ensure that all the Guests at the Event will have separate and adequate insurance cover to protect them and their property against the risk of injury or harm accruing to them as a result of attending the Event. The Company shall not be liable in any circumstances for any personal injury or loss of damage to personal property at an Event.
15.2 The Company shall maintain in place throughout the Term reasonable insurance policies to cover its potential liabilities hereunder, with a reputable insurance provider, and shall provide copies of the same to you upon written request.
16.1 Each Party warrants and undertakes to the other that it:
- has full right, title and authority to enter into this Agreement and to perform the obligations imposed on it hereunder and that it is not a party to any agreement with any third party that might conflict with the terms hereof;
- that it has supplied accurate information;
- will not make any defamatory statements or comments about the other Party; and
- will not make any statement or knowingly do anything or omit to do anything which brings the other Party into disrepute.
16.2 The Company gives no warranty about the Event for which the booking is made, including that it will take place on a certain date or time, or at a certain venue, or as to its quality, suitability or otherwise. The Company also excludes all other warranties (whether express or implied, statutory or otherwise) to the fullest extent permitted by law. For avoidance of doubt the delivery of our Services are subject always to the terms and conditions of any Documentation or Tickets.
16.3 Where the provision of Services includes Goods, for example by provision of the gift selection services, the Company provides a warranty that on delivery the Goods shall:
(a)subject to Clause 3, conform in all material respects with their description;
(b)be free from material defects in design, material and workmanship; and
(c)be of satisfactory quality (within the meaning of the Sale of Goods Act 1979
16.4 Subject to Clause 16.5, if:
(a)you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Clause 16.3;
(b)we are given a reasonable opportunity of examining the Goods; and
(c)we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
16.5 The Company will not be liable for breach of the warranty set out in Clause 16.3 if:
(a)you make any further use of the Goods after giving notice to us under Clause 16.4;
(b)the defect arises as a result of us following any drawing, design or specification supplied by you;
(c)you alter or repair the Goods without our written consent;
(d)the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e)the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
17) Data Protection
The Company is committed to the protection of your personal data which it processes in connection with this Agreement. How we use any personal data you give us is set out in our Privacy Notice
18.1 Save as otherwise permitted in this Agreement, each Party undertakes that it shall not at any time during the Term, and for a period of five years after termination or expiry of this Agreement, disclose to any person any Confidential Information concerning the other Party, except as permitted by Clause 2.
18.2 Each Party may disclose the other Party’s Confidential Information:
- to its employees, officers, representatives, sub-contractors or advisers who need to know such information for the purposes of carrying out that Party’s obligations under this Agreement and in each case, who agree to comply with the confidentiality obligations set out in this Clause 16;
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; or
- if such disclosure has been approved in writing by the other Party.
19) Exclusion of liability
19.1 Nothing in this Agreement shall limit or exclude Company’s liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
19.2 Subject to Clause 19.1, Company shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for: loss of profits; loss of goodwill; loss of enjoyment or amenity, injury to feelings or for any indirect or consequential loss. For the avoidance of doubt the Company will not be responsible for your loss relating to accommodation, travel, any Event or programme being changed by the organiser, admission being refused by the venue due to lateness intoxication or for failure to comply with any admission policy or security searches, you being removed from the Event for any reason, or other wasted costs as a result of an Event being cancelled or rescheduled or Tickets being revoked. All such costs are incurred entirely at your own risk.
19.3 Subject to Clauses 19.1 and 19.2, Company’s total aggregate liability to the you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the Costs paid by you to the Company as at the date of the event giving rise to the liability.
19.4 You acknowledge and agree that the performance of the Services by Company may be dependent, conditional or otherwise reliant upon the performance by the you or a third party of certain obligations (including, without limitation, the provision of talent, venue hire, catering, travel, production or other related services), or the supply by the you or a third party of certain materials, information, access or other requirements. The Company will not be liable for any delay or failure to provide the Services if you or such third party does not perform such obligations or supply such materials, information, access or requirements (or does not perform or supply them in good time) and shall be entitled to an extension of time to perform its obligations, equal to the length of the delay caused by you.
20.1 Any notice to be given under this Agreement shall be deemed to have been duly given if sent or delivered by: a) hand; or b) express or air mail or other fast postal or courier service; or c) email (save that notice of purported termination or alleged breach of this Agreement shall not be served by email but via another permitted means) in each case to the postal or email address contained in the Booking Form or as either Party may from time to time notify to the other for the purposes of receipt of such notices. Any notice served by hand, or by a courier or other postal service pursuant to b) above shall be duly served upon receipt by the addressee and where the notice or other document is given by email, service will be deemed to have taken place simultaneously with the delivery or transmission (provided that evidence of successful transmission can be produced). The provisions of this Clause 20.1 shall not apply to the service of any proceedings or other documents in any legal action.
20.2 Any notice provided in respect of online orders shall be delivered by e-mail to the e-mail address contained on the Booking form for you and to the following e-mail address for the Company [email@example.com]
20.3 This Agreement constitutes the entire agreement between you and the Company, and supersedes all previous or contemporaneous agreements, proposals, understandings and representations (written or oral).
20.4 Nothing in this Agreement shall confer on any third party any benefit or the right to enforce any term of this Agreement.
20.5 If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be deemed deleted from this Agreement and the remainder of this Agreement shall not be affected. Should the foregoing apply, the Parties shall use all reasonable endeavours to agree upon any lawful and reasonable changes to this Agreement which may be necessary in order to effect, as close as possible, the commercial intent of this Agreement.
20.6 No amendments to this Agreement shall be effective unless agreed in writing by the Parties.
20.7 This Agreement (and any non-contractual obligations arising out of it) is governed by the law of England & Wales and both Parties submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection therewith.