Terms and Conditions
WEBSITE TERMS OF USE AND E-LEARNING WINE PLATFORM TERMS AND
CONDITIONS
These terms and conditions are split into two parts:
1. Website Terms of Use – These terms and conditions apply to any person that visits or uses www.winewithjimmy.com.
2. E-Learning Wine Platform Terms and Conditions – These terms and conditions apply when a person purchases access to one of our E-Learning Wine Platform subscriptions.
WEBSITE TERMS OF USE
These Terms of Use set out the terms and conditions on which you make use of our website (www.winewithjimmy.com). Please read these Terms of Use carefully before accessing or using our website.
1 ABOUT US
1.1 www.winewithjimmy.com (the “Website”) is a website operated by Wine With Jimmy Ltd (“we” or “us”). We are registered in England and Wales under Company Number 12301221 and have our registered office at 86-90 Paul Street 3rd Floor, London, United Kingdom, EC2A 4NE, United Kingdom. Please note that Wine With Jimmy Ltd is VAT registered. VAT number 406414427
1.2 To contact us, please email info@winewithjimmy.com.
2 ACCEPTANCE OF TERMS
2.1 By accessing or using any part of our Website and/or using any of the services that we offer via our Website you agree to these Terms of Use. If you do not agree to these Terms of Use, you must not use our Website or our services.
2.2 By using our Website and agreeing to these Terms of Use, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use our Website.
2.3 We use third party providers to process payments from you when you purchase our products (including access to digital content) or services via the Site. Please visit the website of the applicable payment provider for further information about how they handle payments.
3 OTHER TERMS THAT MAY APPLY TO YOU
3.1 Privacy Policy - These Terms of Use refer to our Privacy Policy, which also applies to your use of our Website. You acknowledge that by using our Website you have reviewed the Privacy Policy and that your personal data will be collected, stored and used by us in accordance with the Privacy Policy. Our Privacy Policy can be found here.
3.2 Product and Services Terms and Conditions - If you purchase products or services from us via our Website, the applicable Terms and Conditions for such products and/or services shall apply to such purchase in addition to these Terms and Conditions.
4 GENERAL CONDITIONS
4.1 We reserve the right to refuse access to our Website to anyone for any reason at any time.
4.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Website or any products or services provided via our Website without express written permission from us.
4.3 The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
5 SUSPENSION OR WITHDRAWAL OF THE SITE
5.1 We are unable to guarantee that our Website, or any content on it, will always be available or be uninterrupted. We reserve the right to suspend or withdraw the availability of the whole or part of our Website for any reason.
5.2 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any part or our Website or any products or services offered via our Website.
6 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
6.1 We are not responsible if information made available on our Website is not accurate, complete or current. The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on our Website is at your own risk.
6.2 Our Website may contain certain historical information, which is not current and which is provided for your reference only.
7 ORDERS VIA THE SITE
7.1 We reserve the right to refuse any order you place with us via our Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
8 ACCURACY OF BILLING AND ACCOUNT INFORMATION
8.1 You agree to provide current, complete and accurate purchase and account information for all purchases made via our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9 ACCOUNT DETAILS
9.1 If you select, or you are given, a user identification code, password or any other piece of information as part of our security procedures, you must ensure that such information is kept confidential, and you must ensure that you do not disclose such information to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
9.2 You must ensure that all information (including your name and address) you upload to our Website or any platform operated by us is correct and accurate. You must check all information before making a purchase.
10 OPTIONAL TOOLS
10.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
10.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
10.3 Any use by you of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10.4 We may also, in the future, offer new services and/or features through our Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use and any additional terms as notified from time to time.
11 THIRD-PARTY LINKS
11.1 Certain content, products and services available via our Website may include materials from third parties.
11.2 Third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 1
1.3 We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 We own, or are the licensee to, all rights, title and interests in and to our Website and the services we offer via our Website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You must not modify, adapt, translate or prepare any derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of our Website or services.
12.2 You agree not to extract or otherwise use any of the content on our Website or our services for commercial purposes without obtaining an express written licence to do so from us or our licensors.
12.3 If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12.4 We respect the intellectual property rights of others. If intellectual property that you own or have rights to has been infringed, or used without your permission on our Website, please contact us at info@winewithjimmy.com to report the concern.
13 SUBMISSION OF MATERIALS TO US
13.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Materials”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Materials that you forward to us. We are and shall be under no obligation: (a) to maintain any Materials in confidence; (b) to pay compensation for any Materials; or (c) to respond to any submissions of Materials.
13.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
13.3 You agree that any Materials that you provide will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any Materials that you provide will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Website or our services.
13.4 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Materials that you submit to us. You are solely responsible for any Materials that you submit and their accuracy. We take no responsibility and assume no liability for any Materials submitted by you or any third party.
14 ERRORS, INACCURACIES AND OMISSIONS
14.1 Occasionally there may be information on our Website or in our services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website or on any related website is inaccurate at any time without prior notice (including after you have submitted an order for any products or services).
14.2 We undertake no obligation to update, amend or clarify information on our Website or in our products or services, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information on the Website or in our products or services has been modified or updated.
15 PROHIBITED USES
15.1 In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using our Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website, our products, our services, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Website, our products, our services other websites, or the internet. We reserve the right to terminate your use of our Website or services for violating any of the prohibited uses.
16 LINKING TO OUR SITE
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
16.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.3 You must not establish a link to our Website in any website that is not owned by you.
16.4 We reserve the right to withdraw linking permission without notice.
16.5 The website in which you are linking must not be for any immoral or prohibited use or contain any immoral or prohibited content.
17 DISCLAIMER OF WARRANTIES
17.1 Our Website, services and all information on our Website and services are provided 'as is'. We make no warranties, expressed or implied in relation to Website, services and any information on our Website and services, and hereby disclaim all other warranties, including without limitation, implied warranties or conditions of sales, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of Website, services and any information on our Website and services.
17.2 The content contained on our Website and services (including all content within our E-Learning Wine Platform is not affiliated with the Wine & Spirits Education Trust (WSET). The content has been created independently in reference to, and utilising, the official WSET course materials.
17.3 We do not guarantee, represent or warrant that your use of our Website or our services will be uninterrupted, timely, secure or error-free.
17.4 We may remove any part of our Website for indefinite periods of time or cancel our Website at any time, without notice to you.
17.5 Please also note that third-party content is not created by us and we shall have no liability in relation to the decency, copyright and legality of such content.
18 LIABILITY LIMITS
18.1 To the fullest extent permissible by law, we shall not be liable to you in any way for your use of our Website. Specifically, we do not accept liability for any loss in profits, revenue, consequential, incidental, indirect, special or punitive damage caused in connection with the use of our Website. This does not apply to jurisdictions that do not allow limitations on consequential and incidental damages.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents, and for fraud or fraudulent misrepresentation.
18.3 Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any products or services to you. These will be set out in the applicable Terms and Conditions for such products or services.
19 CHANGES TO TERMS OF USE AND SITE
19.1 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes via our Website. It is your responsibility to check our Website periodically for changes to these Terms of Use. You can review the most current version of the Terms of Use at any time at this page. Your continued use of, or access to, our Website or services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
19.2 We may also update and change our Website from time to time for any reason. Any new features or tools which are added to the current Website shall be subject to these Terms of Use. You agree that it is your responsibility to monitor changes to our Website.
20 SEVERABILITY
20.1 In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
21 ACCOUNT TERMINATION
21.1 We reserve the right to terminate your account at any time. If your account is terminated, you may no longer be able to purchase products or services via our Website or use certain functionalities of our Website.
22 NATURE OF RELATIONSHIP
22.1 You acknowledge that these Terms of Use and any terms and conditions associated with any use of, or purchase via, our Website, do not create or imply any partnership, joint venture or trust relationship between us and you.
23 NO WAIVER
23.1 Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
24 ENTIRE AGREEMENT
24.1 These Terms of Use, any terms and conditions relating to any products or services purchased via our Website and any policies or operating rules posted by us on our Website constitute the entire agreement and understanding between you and us in respect of their subject matter and govern your use of our Website and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use).
25 GOVERNING LAW
25.1 These Terms of Use, and any separate agreements whereby we provide you with products or services, shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from, or related to, these Terms of Use and any such separate agreements, shall be subject to the exclusive jurisdiction of the courts of England.
26 CONTACT INFORMATION AND COMPLAINTS
26.1 Questions about these Terms of Use, and general comments about our website, should be sent to us at info@winewithjimmy.com.
E-LEARNING WINE PLATFORM TERMS AND CONDITIONS
These are the terms and conditions on which you purchase access to Wine With Jimmy’s E-Learning Wine Platform (the “Platform”) via www.winwithjimmy.com (the “Website”). Please read these Terms and Conditions carefully before you submit your order. These terms tell you who we are, how you may use our Platform, what to do if there is a problem and other important information. By placing an order access our Platform, you agree that these Terms and Conditions apply to you and you shall be legally bound by these Terms and Conditions.
1 ABOUT US AND CONTACT INFORMATION
1.1 We are Wine With Jimmy Ltd (“we” or “us”). We are registered in England and Wales under Company Number 12301221 and have our registered office at 86-90 Paul Street 3rd Floor, London, United Kingdom, EC2A 4NE, United Kingdom. Please note that Wine With Jimmy Ltd is VAT registered. VAT number 406414427.
1.2 You can contact us by writing to us at info@winewithjimmy.com.
1.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order to access our Platform.
1.4 When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.
2 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Each order you place shall be deemed to be an offer by you to us to purchase the applicable subscription for access to our Platform and is subject to these Terms and Conditions, the email confirmation and any other applicable details provided to you.
2.2 No order shall be deemed to be accepted by us until we issue an email acknowledgement of the order. The contract between you and us will relate only to the subscription level notified in the email acknowledgement of the order.
2.3 You should carefully review these Terms and Conditions, the email confirmation of your order and any other applicable details provided to you. If there is a conflict or inconsistency between these Terms and Conditions, the email confirmation of your order or any other applicable details provided to you, these Terms and Conditions shall prevail.
2.4 If we are unable to accept your order, we will inform you of this and you will not be charged for the subscription that you have ordered.
2.5 When we accept your order, an reference number will be provided. Please tell us what your reference number is if you contact us regarding your order.
3 YOUR RIGHT TO MAKE CHANGES TO YOUR ORDER
3.1 If you wish make a change to your order, please contact us as soon as possible.
4 OUR RIGHT TO MAKE CHANGES
4.1 We may change these Terms and Conditions from time to time. Please ensure that you fully read them prior to each purchase as they may have changed.
4.2 We may change any of the content on our Platform: (i) to reflect changes in relevant laws and regulatory requirements; and (ii) to implement minor technical adjustments and improvements; (iii) to update, add new content and remove any old content; (iv) to rectify any errors; and (v) for any other reason as we deem is reasonably necessary.
5 ABOUT OUR E-LEARNING WINE PLATFORM 5.1 Our platform is an online platform that contains content designed to assist students with their Wine & Spirits Education Trust (WSET) course as well as other professional wine qualification course materials and examinations. There are multiple subscription levels with each level offering specific material and functionality the details of which are specified on our Website. Please read the description of the content of each subscription level prior to purchase to ensure that the subscription level that you purchase is suitable for your needs.
5.2 Each subscription is for a period of 12 months from when payment is received from you.
5.3 The content contained within the E-Learning Wine online revision portal is not affiliated with WSET. The content has been created independently in reference to and utilising the official WSET course materials.
6 RIGHT TO USE OUR PLATFORM
6.1 Subject to and in consideration of your payment applicable fee payable for the subscription level purchased and your continuing compliance with all other terms of these Terms and Conditions, we grant to you, for a period of 12 months from receipt of payment from you, a non-exclusive, non-transferable, non-sublicensable and revocable right for you to access and use the parts of our Platform applicable to the subscription level purchased by you (including all materials on our Platform (“Materials”)), solely for your own personal, non-commercial, use.
6.2 The rights granted to you do not convey to title to or ownership of our Platform or Materials, but only a right of limited use on the terms and conditions set forth herein. All rights not expressly granted to you are reserved by us and our licensors.
6.3 You may not: (i) modify or copy the Platform or Materials; (ii) use the Platform or Materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to de-compile or reverse engineer any part of our Platform or Materials; (iv) remove any copyright or other proprietary notations from our Platform or Materials; or (v) transfer access to our Platform or the Materials to another person or 'mirror' our Platform or Materials on any other server.
6.4 The rights granted to you shall automatically terminate at the end of the 12 month period or if you violate any of the terms of these terms and conditions and may be terminated by us at any time. Upon your rights ending or being terminated, you must destroy any Materials in your possession in any medium.
7 INFORMATION REQUIRED FROM YOU
7.1 We may need certain information from you so that we can provide you with access to our Platform. If you are asked for specific information and do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any issues with you accessing our Platform if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8 PRICE
8.1 The price for each subscription level is detailed on our Website and will be the price indicated on the order pages when you placed your order. The price for each subscription level is for a 12 month period. We take all reasonable care to ensure that the prices advised to you are correct.
8.2 It is always possible that, despite our efforts, there may be some errors in pricing and we will make the correct price known to you prior to completing your order.
9 PAYMENT
9.1 The price of your chosen subscription must be paid for in full at the time of your order and may only be paid for using the payment methods we make available from time to time through our payment facility.
9.2 All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location. All prices are inclusive of applicable sales taxes.
9.3 If you do not make any payment to us by an specified due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.4 If you think an invoice is wrong, please contact us promptly to let us know.
10 CANCELATION AND REFUNDS
10.1 You may cancel you order at any time prior to accessing our Platform. Accessing means logging onto our platform and viewing any of the materials. By accessing our Platform you consent to the immediate provision of the content on our Platform. As such. you will not be able to cancel your order once you have accessed our Platform and you will not be eligible for a refund. This does not affect your statutory rights.
11 YOUR RIGHTS IN RESPECT OF FAULTS
11.1 The Consumer Rights Act 2015 says that the digital content that we provide must match our descriptions, be fit any particular purpose made known to you and of reasonable satisfactory quality. If this is not the case then:
11.1.1 you may contact us to rectify the issues;
11.1.2 if we are unable to rectify the issues you may be entitled to a price reduction, to reflect the issues. Any reduction in price will take into account the benefits that you have had from our Platform. This does not affect your statutory rights.
12 HOW TO END THE CONTRACT
12.1 To end the contract with us (under whatever circumstances), please let us know by contacting us at info@winewithjimmy.com.
13 OUR RIGHT TO END THE CONTRACT
13.1 We may end the contract at any time by writing to you if:
13.1.1 you do not make any payment to us when it is due; or
13.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Platform to you.
13.2 If we end the contract in the situations set out above prior to you accessing our Platform we will refund any money you have paid in advance but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may write to you to let you know that we are going to stop providing the Platform or any content on the Platform. We will let you know in advance of such stoppage and may offer a partial refund for any time remaining on your subscription.
14 OUR LIABILITY
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Platform and Materials.
14.3 We are not liable for business losses. We only provide access to our Platform for domestic and private use. If you use the Platform or Materials for any commercial, business or re-sale purpose such use will be in breach of these Terms and Conditions and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 Any images are for illustrative purposes only. We cannot guarantee that the Platform will appear as per any images provided on our Website; however, this will not affect any described functionality or content.
15 REFUSAL OF TRANSACTION
15.1 We may refuse to process an order for any reason at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
16 FEEDBACK AND COMPLAINTS
16.1 Complaints can be made by contacting us using the contact details above. If you have made a complaint and have exhausted all of the dispute resolution options available to you through the Site and with us, the European ‘Online Dispute Resolution Platform’ can be accessed by the following link: http://ec.europa.eu/odr.
17 PERSONAL INFORMATION
17.1 Your submission of personal information to us through our Platform is governed by our Privacy Policy.
18 THIRD PARTY RIGHTS
18.1 A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms.
19 SEVERABILITY
19.1 In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
20 TRANSFERS OF THESE TERMS
20.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract. 20.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
21 NO WAIVER
21.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
22 ENTIRE AGREEMENT
22.1 These Terms and Conditions and any policies or operating rules posted by us on our Website constitute the entire agreement and understanding between you and us and govern your purchase of access to our Platform from us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
23 INTERPRETATION
23.1 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
24 GOVERNING LAW
24.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from, or related to, these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England.
These terms and conditions are split into two parts:
1. Website Terms of Use – These terms and conditions apply to any person that visits or uses www.winewithjimmy.com.
2. E-Learning Wine Platform Terms and Conditions – These terms and conditions apply when a person purchases access to one of our E-Learning Wine Platform subscriptions.
WEBSITE TERMS OF USE
These Terms of Use set out the terms and conditions on which you make use of our website (www.winewithjimmy.com). Please read these Terms of Use carefully before accessing or using our website.
1 ABOUT US
1.1 www.winewithjimmy.com (the “Website”) is a website operated by Wine With Jimmy Ltd (“we” or “us”). We are registered in England and Wales under Company Number 12301221 and have our registered office at 86-90 Paul Street 3rd Floor, London, United Kingdom, EC2A 4NE, United Kingdom. Please note that Wine With Jimmy Ltd is VAT registered. VAT number 406414427
1.2 To contact us, please email info@winewithjimmy.com.
2 ACCEPTANCE OF TERMS
2.1 By accessing or using any part of our Website and/or using any of the services that we offer via our Website you agree to these Terms of Use. If you do not agree to these Terms of Use, you must not use our Website or our services.
2.2 By using our Website and agreeing to these Terms of Use, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use our Website.
2.3 We use third party providers to process payments from you when you purchase our products (including access to digital content) or services via the Site. Please visit the website of the applicable payment provider for further information about how they handle payments.
3 OTHER TERMS THAT MAY APPLY TO YOU
3.1 Privacy Policy - These Terms of Use refer to our Privacy Policy, which also applies to your use of our Website. You acknowledge that by using our Website you have reviewed the Privacy Policy and that your personal data will be collected, stored and used by us in accordance with the Privacy Policy. Our Privacy Policy can be found here.
3.2 Product and Services Terms and Conditions - If you purchase products or services from us via our Website, the applicable Terms and Conditions for such products and/or services shall apply to such purchase in addition to these Terms and Conditions.
4 GENERAL CONDITIONS
4.1 We reserve the right to refuse access to our Website to anyone for any reason at any time.
4.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Website or any products or services provided via our Website without express written permission from us.
4.3 The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
5 SUSPENSION OR WITHDRAWAL OF THE SITE
5.1 We are unable to guarantee that our Website, or any content on it, will always be available or be uninterrupted. We reserve the right to suspend or withdraw the availability of the whole or part of our Website for any reason.
5.2 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any part or our Website or any products or services offered via our Website.
6 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
6.1 We are not responsible if information made available on our Website is not accurate, complete or current. The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on our Website is at your own risk.
6.2 Our Website may contain certain historical information, which is not current and which is provided for your reference only.
7 ORDERS VIA THE SITE
7.1 We reserve the right to refuse any order you place with us via our Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
8 ACCURACY OF BILLING AND ACCOUNT INFORMATION
8.1 You agree to provide current, complete and accurate purchase and account information for all purchases made via our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9 ACCOUNT DETAILS
9.1 If you select, or you are given, a user identification code, password or any other piece of information as part of our security procedures, you must ensure that such information is kept confidential, and you must ensure that you do not disclose such information to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
9.2 You must ensure that all information (including your name and address) you upload to our Website or any platform operated by us is correct and accurate. You must check all information before making a purchase.
10 OPTIONAL TOOLS
10.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
10.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
10.3 Any use by you of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10.4 We may also, in the future, offer new services and/or features through our Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use and any additional terms as notified from time to time.
11 THIRD-PARTY LINKS
11.1 Certain content, products and services available via our Website may include materials from third parties.
11.2 Third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 1
1.3 We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 We own, or are the licensee to, all rights, title and interests in and to our Website and the services we offer via our Website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You must not modify, adapt, translate or prepare any derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of our Website or services.
12.2 You agree not to extract or otherwise use any of the content on our Website or our services for commercial purposes without obtaining an express written licence to do so from us or our licensors.
12.3 If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12.4 We respect the intellectual property rights of others. If intellectual property that you own or have rights to has been infringed, or used without your permission on our Website, please contact us at info@winewithjimmy.com to report the concern.
13 SUBMISSION OF MATERIALS TO US
13.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Materials”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Materials that you forward to us. We are and shall be under no obligation: (a) to maintain any Materials in confidence; (b) to pay compensation for any Materials; or (c) to respond to any submissions of Materials.
13.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
13.3 You agree that any Materials that you provide will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any Materials that you provide will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Website or our services.
13.4 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Materials that you submit to us. You are solely responsible for any Materials that you submit and their accuracy. We take no responsibility and assume no liability for any Materials submitted by you or any third party.
14 ERRORS, INACCURACIES AND OMISSIONS
14.1 Occasionally there may be information on our Website or in our services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website or on any related website is inaccurate at any time without prior notice (including after you have submitted an order for any products or services).
14.2 We undertake no obligation to update, amend or clarify information on our Website or in our products or services, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information on the Website or in our products or services has been modified or updated.
15 PROHIBITED USES
15.1 In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using our Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website, our products, our services, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Website, our products, our services other websites, or the internet. We reserve the right to terminate your use of our Website or services for violating any of the prohibited uses.
16 LINKING TO OUR SITE
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
16.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.3 You must not establish a link to our Website in any website that is not owned by you.
16.4 We reserve the right to withdraw linking permission without notice.
16.5 The website in which you are linking must not be for any immoral or prohibited use or contain any immoral or prohibited content.
17 DISCLAIMER OF WARRANTIES
17.1 Our Website, services and all information on our Website and services are provided 'as is'. We make no warranties, expressed or implied in relation to Website, services and any information on our Website and services, and hereby disclaim all other warranties, including without limitation, implied warranties or conditions of sales, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of Website, services and any information on our Website and services.
17.2 The content contained on our Website and services (including all content within our E-Learning Wine Platform is not affiliated with the Wine & Spirits Education Trust (WSET). The content has been created independently in reference to, and utilising, the official WSET course materials.
17.3 We do not guarantee, represent or warrant that your use of our Website or our services will be uninterrupted, timely, secure or error-free.
17.4 We may remove any part of our Website for indefinite periods of time or cancel our Website at any time, without notice to you.
17.5 Please also note that third-party content is not created by us and we shall have no liability in relation to the decency, copyright and legality of such content.
18 LIABILITY LIMITS
18.1 To the fullest extent permissible by law, we shall not be liable to you in any way for your use of our Website. Specifically, we do not accept liability for any loss in profits, revenue, consequential, incidental, indirect, special or punitive damage caused in connection with the use of our Website. This does not apply to jurisdictions that do not allow limitations on consequential and incidental damages.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents, and for fraud or fraudulent misrepresentation.
18.3 Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any products or services to you. These will be set out in the applicable Terms and Conditions for such products or services.
19 CHANGES TO TERMS OF USE AND SITE
19.1 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes via our Website. It is your responsibility to check our Website periodically for changes to these Terms of Use. You can review the most current version of the Terms of Use at any time at this page. Your continued use of, or access to, our Website or services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
19.2 We may also update and change our Website from time to time for any reason. Any new features or tools which are added to the current Website shall be subject to these Terms of Use. You agree that it is your responsibility to monitor changes to our Website.
20 SEVERABILITY
20.1 In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
21 ACCOUNT TERMINATION
21.1 We reserve the right to terminate your account at any time. If your account is terminated, you may no longer be able to purchase products or services via our Website or use certain functionalities of our Website.
22 NATURE OF RELATIONSHIP
22.1 You acknowledge that these Terms of Use and any terms and conditions associated with any use of, or purchase via, our Website, do not create or imply any partnership, joint venture or trust relationship between us and you.
23 NO WAIVER
23.1 Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
24 ENTIRE AGREEMENT
24.1 These Terms of Use, any terms and conditions relating to any products or services purchased via our Website and any policies or operating rules posted by us on our Website constitute the entire agreement and understanding between you and us in respect of their subject matter and govern your use of our Website and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use).
25 GOVERNING LAW
25.1 These Terms of Use, and any separate agreements whereby we provide you with products or services, shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from, or related to, these Terms of Use and any such separate agreements, shall be subject to the exclusive jurisdiction of the courts of England.
26 CONTACT INFORMATION AND COMPLAINTS
26.1 Questions about these Terms of Use, and general comments about our website, should be sent to us at info@winewithjimmy.com.
E-LEARNING WINE PLATFORM TERMS AND CONDITIONS
These are the terms and conditions on which you purchase access to Wine With Jimmy’s E-Learning Wine Platform (the “Platform”) via www.winwithjimmy.com (the “Website”). Please read these Terms and Conditions carefully before you submit your order. These terms tell you who we are, how you may use our Platform, what to do if there is a problem and other important information. By placing an order access our Platform, you agree that these Terms and Conditions apply to you and you shall be legally bound by these Terms and Conditions.
1 ABOUT US AND CONTACT INFORMATION
1.1 We are Wine With Jimmy Ltd (“we” or “us”). We are registered in England and Wales under Company Number 12301221 and have our registered office at 86-90 Paul Street 3rd Floor, London, United Kingdom, EC2A 4NE, United Kingdom. Please note that Wine With Jimmy Ltd is VAT registered. VAT number 406414427.
1.2 You can contact us by writing to us at info@winewithjimmy.com.
1.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order to access our Platform.
1.4 When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.
2 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Each order you place shall be deemed to be an offer by you to us to purchase the applicable subscription for access to our Platform and is subject to these Terms and Conditions, the email confirmation and any other applicable details provided to you.
2.2 No order shall be deemed to be accepted by us until we issue an email acknowledgement of the order. The contract between you and us will relate only to the subscription level notified in the email acknowledgement of the order.
2.3 You should carefully review these Terms and Conditions, the email confirmation of your order and any other applicable details provided to you. If there is a conflict or inconsistency between these Terms and Conditions, the email confirmation of your order or any other applicable details provided to you, these Terms and Conditions shall prevail.
2.4 If we are unable to accept your order, we will inform you of this and you will not be charged for the subscription that you have ordered.
2.5 When we accept your order, an reference number will be provided. Please tell us what your reference number is if you contact us regarding your order.
3 YOUR RIGHT TO MAKE CHANGES TO YOUR ORDER
3.1 If you wish make a change to your order, please contact us as soon as possible.
4 OUR RIGHT TO MAKE CHANGES
4.1 We may change these Terms and Conditions from time to time. Please ensure that you fully read them prior to each purchase as they may have changed.
4.2 We may change any of the content on our Platform: (i) to reflect changes in relevant laws and regulatory requirements; and (ii) to implement minor technical adjustments and improvements; (iii) to update, add new content and remove any old content; (iv) to rectify any errors; and (v) for any other reason as we deem is reasonably necessary.
5 ABOUT OUR E-LEARNING WINE PLATFORM 5.1 Our platform is an online platform that contains content designed to assist students with their Wine & Spirits Education Trust (WSET) course as well as other professional wine qualification course materials and examinations. There are multiple subscription levels with each level offering specific material and functionality the details of which are specified on our Website. Please read the description of the content of each subscription level prior to purchase to ensure that the subscription level that you purchase is suitable for your needs.
5.2 Each subscription is for a period of 12 months from when payment is received from you.
5.3 The content contained within the E-Learning Wine online revision portal is not affiliated with WSET. The content has been created independently in reference to and utilising the official WSET course materials.
6 RIGHT TO USE OUR PLATFORM
6.1 Subject to and in consideration of your payment applicable fee payable for the subscription level purchased and your continuing compliance with all other terms of these Terms and Conditions, we grant to you, for a period of 12 months from receipt of payment from you, a non-exclusive, non-transferable, non-sublicensable and revocable right for you to access and use the parts of our Platform applicable to the subscription level purchased by you (including all materials on our Platform (“Materials”)), solely for your own personal, non-commercial, use.
6.2 The rights granted to you do not convey to title to or ownership of our Platform or Materials, but only a right of limited use on the terms and conditions set forth herein. All rights not expressly granted to you are reserved by us and our licensors.
6.3 You may not: (i) modify or copy the Platform or Materials; (ii) use the Platform or Materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to de-compile or reverse engineer any part of our Platform or Materials; (iv) remove any copyright or other proprietary notations from our Platform or Materials; or (v) transfer access to our Platform or the Materials to another person or 'mirror' our Platform or Materials on any other server.
6.4 The rights granted to you shall automatically terminate at the end of the 12 month period or if you violate any of the terms of these terms and conditions and may be terminated by us at any time. Upon your rights ending or being terminated, you must destroy any Materials in your possession in any medium.
7 INFORMATION REQUIRED FROM YOU
7.1 We may need certain information from you so that we can provide you with access to our Platform. If you are asked for specific information and do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any issues with you accessing our Platform if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8 PRICE
8.1 The price for each subscription level is detailed on our Website and will be the price indicated on the order pages when you placed your order. The price for each subscription level is for a 12 month period. We take all reasonable care to ensure that the prices advised to you are correct.
8.2 It is always possible that, despite our efforts, there may be some errors in pricing and we will make the correct price known to you prior to completing your order.
9 PAYMENT
9.1 The price of your chosen subscription must be paid for in full at the time of your order and may only be paid for using the payment methods we make available from time to time through our payment facility.
9.2 All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location. All prices are inclusive of applicable sales taxes.
9.3 If you do not make any payment to us by an specified due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.4 If you think an invoice is wrong, please contact us promptly to let us know.
10 CANCELATION AND REFUNDS
10.1 You may cancel you order at any time prior to accessing our Platform. Accessing means logging onto our platform and viewing any of the materials. By accessing our Platform you consent to the immediate provision of the content on our Platform. As such. you will not be able to cancel your order once you have accessed our Platform and you will not be eligible for a refund. This does not affect your statutory rights.
11 YOUR RIGHTS IN RESPECT OF FAULTS
11.1 The Consumer Rights Act 2015 says that the digital content that we provide must match our descriptions, be fit any particular purpose made known to you and of reasonable satisfactory quality. If this is not the case then:
11.1.1 you may contact us to rectify the issues;
11.1.2 if we are unable to rectify the issues you may be entitled to a price reduction, to reflect the issues. Any reduction in price will take into account the benefits that you have had from our Platform. This does not affect your statutory rights.
12 HOW TO END THE CONTRACT
12.1 To end the contract with us (under whatever circumstances), please let us know by contacting us at info@winewithjimmy.com.
13 OUR RIGHT TO END THE CONTRACT
13.1 We may end the contract at any time by writing to you if:
13.1.1 you do not make any payment to us when it is due; or
13.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Platform to you.
13.2 If we end the contract in the situations set out above prior to you accessing our Platform we will refund any money you have paid in advance but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may write to you to let you know that we are going to stop providing the Platform or any content on the Platform. We will let you know in advance of such stoppage and may offer a partial refund for any time remaining on your subscription.
14 OUR LIABILITY
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Platform and Materials.
14.3 We are not liable for business losses. We only provide access to our Platform for domestic and private use. If you use the Platform or Materials for any commercial, business or re-sale purpose such use will be in breach of these Terms and Conditions and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 Any images are for illustrative purposes only. We cannot guarantee that the Platform will appear as per any images provided on our Website; however, this will not affect any described functionality or content.
15 REFUSAL OF TRANSACTION
15.1 We may refuse to process an order for any reason at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
16 FEEDBACK AND COMPLAINTS
16.1 Complaints can be made by contacting us using the contact details above. If you have made a complaint and have exhausted all of the dispute resolution options available to you through the Site and with us, the European ‘Online Dispute Resolution Platform’ can be accessed by the following link: http://ec.europa.eu/odr.
17 PERSONAL INFORMATION
17.1 Your submission of personal information to us through our Platform is governed by our Privacy Policy.
18 THIRD PARTY RIGHTS
18.1 A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms.
19 SEVERABILITY
19.1 In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
20 TRANSFERS OF THESE TERMS
20.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract. 20.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
21 NO WAIVER
21.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
22 ENTIRE AGREEMENT
22.1 These Terms and Conditions and any policies or operating rules posted by us on our Website constitute the entire agreement and understanding between you and us and govern your purchase of access to our Platform from us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
23 INTERPRETATION
23.1 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
24 GOVERNING LAW
24.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from, or related to, these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England.
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