Terms of Service

Who we are and how to contact us

1. The website Public Notice Portal and the platform related thereto (the “Site”) is operated by Public Notices Portal Limited (“PNP”, “we”, “us” or “our”) a company incorporated in England with company number 13027054 and which has its registered office at 2nd Floor, 55 Ludgate Hill, London, England, EC4M 7JW.
2. These terms of service (the “Terms”) set out our mutual obligations in providing you as an authorised user (or, “User”) access to the Site and Content (as identified below).
3. Through the Site, we may provide you with access to public notices and related content (the “Content”) which has been uploaded to the Site or otherwise made available by third party news organisations (“Publishers”). The Site is designed to provide Users with an enhanced experience in accessing the Content in electronic form and allowing Users to search for Content and/or (if a User creates an Account, as defined below) to receive notifications regarding a specific local area.
4. Please read these Terms carefully before you use the Site or create an account in relation to the Site. These Terms tell you who we are, how we will provide the Site and access to Content, how you and we may change or end the agreement between us, what to do if there is a problem, and other important information.
5. The following Terms together with our Privacy Policy govern your use of the Site and Content. By using the Site and/or accessing Content, you accept these Terms in full. If you do not agree to these terms, you should not use the Site and/or access Content.
6. You should check these Terms and the Privacy Policy each time you visit the Site and/or access Content and ensure that you understand and accept the terms that will apply at that time.
7. If you have any questions, concerns, or comments regarding these Terms, please contact us to find out more.

Other applicable terms

1. These Terms refer to our Privacy Policy, which also applies to your use of the Site.
2. Our Privacy Policy sets out the terms on which we may process any personal data we collect from you or that you provide to us.

Changes to these Terms

1. PNP may make changes to these Terms at any time by amending this page, including, for example only, in order to: (a) comply with any changes to Applicable Laws; (b) reflect any technical changes, such as to respond to security breaches; (c) to deal with changes to Users’ needs and changes to our operations (including our business model).
2. PNP will try to give you reasonable notice of any changes made but is under no obligation to do so. As mentioned above, every time you wish to use the Site, you should check these Terms to ensure you understand the terms that will apply.
3. Where possible and you have registered an account with the Site, PNP will try to notify you of these changes by email or a pop-up when you next access your account, particularly where the changes affect PNP’s ability to provide access to the Site and/or make Content available on the Site.
4. If you do not agree to any changes to the Terms that PNP may make, you should not use the Site and/or access the Content and (if applicable) you may close your account by contacting PNP at: support@publicnoticeportal.uk

Your account

1. You may, subject to these Terms, register an account free of charge which provides you personalised access and/or notifications relating to the to the Site and Content ( “Account”).
2. You may register for your Account using your email address [or a single sign-on (for example, by your using Google or Facebook login)]. Please see our Privacy Policy for details about how we use this information.
3. Our general rule is that you must be at least 16 years old in Scotland or 18 years old in the rest of the United Kingdom (the “minimum age”) to register for an Account with us. If you are under the minimum age and wish to register for an Account, you can notify us, and we may agree to allow you to register for an Account, but this is always at our sole discretion and we can remove your access as set out in paragraph 5 below.
4. If you are under the minimum age and we agree to allow you to register for an Account, you must make sure you have permission from your legal guardian to register for an Account.
5. You may close your Account at any time by contacting us.

Accessing the Site

1. The Site is made available free of charge. PNP makes no warranty that the Site and/or Content will always be available or free from errors or omissions. We may suspend, withdraw, discontinue or change all or part of the Site without prior notice to you. Except as otherwise set out in these Terms, PNP will not be liable to you if for any reason the Site and Content is unavailable at any time or for any period.
2. You acknowledge that PNP will not screen, monitor or update Content. Any Content other information on the Site may be out of date at any given time, and PNP is under no obligation to update or remove it.
3. You are responsible for making all arrangements necessary to ensure you to have access to the Site. You are responsible for ensuring that anyone who accesses the Site through your internet connection are aware of these Terms and any other applicable terms and conditions, and that they comply with them.
4. PNP makes no warranty that the Site will be secure or free from Viruses. You are responsible for configuring your information devices, technology, computer programmes and platform in order to access the Site. You should use your own virus protection software and PNP will not be liable to you for any loss or damage arising from failure to take reasonable steps to protect yourself from Viruses.
5. Except as expressly set out in these Terms, all representations, conditions, warranties and all other terms of any kind whatsoever, implied by statute or common law are, to the maximum extent permitted by Applicable Laws, excluded from these Terms.

How you may use material on the Site

1. We are the owner or licensee of all Intellectual Property Rights in the Site and Content.
2. You must not use any of the Site or Content for commercial purposes, unless you tell us first that you want to do this, and we agree to give you a separate licence to do so from us or our licensors to cover this use.
3. We welcome any feedback from you about Content, the Site or otherwise, including how they can be improved. By giving us this feedback, you agree that we will own the feedback and therefore can use this feedback however we want.
4. You must not modify any copy of any of the Content or any other information or materials taken from the Site that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5. If you print off, copy or download any part of the Site or Content other than as permitted under these Terms, your right to use the Site and/or any of Content (or any Account you have with us) will cease immediately and you must, at our option, either return or destroy any copies of the materials you have made.
6. By using the Site and / or creating an Account with us you undertake that:
   1. if you set up an Account to access the Site, you shall keep a secure password for your use of the Site and shall keep your password secure and confidential;
   2. you shall use all reasonable endeavours to prevent any unauthorised access to, or use of the Site by use of your Account and, in the event of any such unauthorised access or use, shall promptly notify PNP;
   3. you shall not misuse the Site by introducing Viruses or other material which is malicious or technologically harmful;
   4. you shall not make any automated requests to the Site or direct any "bot" or automated system to use or access the Site;
   5. you shall not damage, disable or impair the Site, attack it, or use it as an attack vector or means of attack against any other system, computer or network;
   6. you shall not carry out or attempt performance or penetration testing against the Site; and
   7. you shall not circumvent or attempt to circumvent any technical measures or restrictions controlling access to or use of the Site or gain or attempt to gain any greater level of access to the Site than is permitted by those measures or restrictions.
7. Any failure to comply with the provisions at clauses 6.6.3 to 6.6.7 above, could cause you commit a criminal offence under the Computer Misuse Act 1990. We may decide to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the Site (and Content) will cease immediately.
8. You must treat all Account information as confidential and must not share it with anyone else. If you know or suspect that anyone other than you knows your password, you must promptly notify PNP; please email us at: support@publicnoticeportal.uk
9. You must make sure all of your Account information is up to date at all times. Please see our Privacy Policy for details about how PNP uses your Account information.
10. PNP has the right to disable any user identification code or password (which includes access to your Account), whether chosen by you or allocated by PNP, at any time, in our sole discretion without notice or explanation to you, including (but not limited to) if in our reasonable opinion you have failed to comply with any of these Terms.
11. Except as set out in these Terms, nothing on the Site should be taken as PNP granting (whether implied or otherwise) any licence or right in or to PNP’s Intellectual Property Rights or other rights without PNP’s express written permission.

Reliance on the Site and Content

1. The Site and Content are provided to you on an “as is” basis and is for your general information only to enhance your experience of and access to public notices. It is not intended to amount to any advice on which you should rely. Please note that you should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the information or materials on the Site (including the Content).
2. Although we use our reasonable efforts to update the Site as much as we can to make it more relevant and useful to users:
   1. Publishers are responsible for the Content and PNP therefore accepts no liability in relation to or in connection with the Content; and
   2. we cannot guarantee (whether expressly or impliedly), that Content or the Site is accurate, complete and up-to-date, or to the suitability of Content or the Site for you.
   3. If you wish to complain about content uploaded to the Site, please contact us at: support@publicnoticeportal.uk

Indemnity

1. You shall on PNP’s first demand defend, hold harmless, indemnify and keep indemnified PNP against all claims, actions, proceedings, losses, damages, expenses and costs (including legal and court fees) arising out of or in connection with your unlawful use of the Site or Content or material breach of these Terms.

Limitations of Liability

1. Nothing in these Terms will exclude, limit or restrict liability for the unlikely events of:
   1. death or personal injury caused by the negligence of PNP, its partners, officers, employees, contractors or agents;
   2. fraud or fraudulent misrepresentation; or
   3. any other liability which may not be limited or excluded by law.
2. Please note that we only provide the Site and Content for domestic and private use, and you agree not to use the Site and Content for any commercial or business purposes. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. Subject to paragraphs 8.1 and 8.2, PNP (including its Affiliates, officers, employees, contractors, directors, sub-contractors and agents) shall not be liable to you under or in connection with these Terms, whether in contract, tort (including negligence), unless this would be deemed unfair or otherwise unlawful under Applicable Law, in which case our liability to you will not exceed [£100] in aggregate.
4. The Site is developed and operated by a third-party company and its Affiliates, which may change from time to time (collectively, the “Platform Provider”). You agree that subject to paragraph 8.1, you shall not hold the Platform Provider or its Affiliates liable for loss or damage arising out of or in connection with your use of the Site.

Termination

1. Termination or expiry of these Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination or expiry.
2. Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of these Terms shall remain in full force and effect.

Linking to the Site

1. You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part if none exist.
3. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page.
4. We reserve the right to withdraw linking permission to the Site without notice.
5. If you wish to make any use of any information on the Site other than that set out above in this paragraph 10, please address your request to: support@publicnoticeportal.uk

Links from the Site

1. Where the Site and/or Content contain Links and/or provide access to other websites and resources provided by third parties, such Links and/or access are provided for your information only. We have no control over content of third-party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Separate terms and conditions will apply to such other third-party websites and resources and you should make sure you comply with those terms.
2. To the extent there is any conflict between these Terms and other terms governing access to third-party websites and/or resources, these Terms will govern the legal relationship between you and PNP and take precedence over any other terms.

Jurisdiction and applicable law

1. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

Trademarks

1. PNP is a registered trademark of Public Notices Portal Limited. You are not permitted to use this trademark without our prior written permission, unless and to the extent you are using it as you are otherwise permitted to use it under these Terms.

Miscellaneous

1. PNP shall have no liability under these Terms for any delay or non-performance of its obligations under these Terms arising from any cause beyond its reasonable control.
2. The Site is directed to people residing in United Kingdom and is not licensed for use by users residing outside of the United Kingdom. We do not warrant or represent that content available on or through the Site is appropriate for use or available in other locations.
3. Failure to exercise, or any delay in exercising, any right or remedy under these Terms, or at law or equity, shall not be a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
4. If any provision of these Terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal and enforceable.
5. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
6. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.
7. A person who is not a party to these Terms will have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any of its terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these Terms are not subject to the consent of any person that is not a party to these Terms.
8. We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
9. These Terms are for the benefit of you and us and are not intended to benefit any third- party or be enforceable by any third-party.

Interpretation

1. The following definitions shall apply to these Terms:
2. Affiliate: with respect to any person, any person that (i) exercises control over that person; (ii) is under the control of that person; or is under common control with that person;
3. Applicable Laws: all applicable laws, enactments, rules, regulations, orders, regulatory policies, guidelines, industry codes of practice, regulatory permits and licences, and any mandatory instructions or requests of a regulator, in each case which are in force from time to time;
4. Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service-marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights and all similar or equivalent rights or forms of protection in any part of the world, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights;
5. Link: means a hypertext link from the Site to a third party website;
6. Privacy Policy: PNP’s policies regarding the processing of personal data under these Terms;
7. Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Contact Us

1. To contact PNP about these Terms, please email: support@publicnoticeportal.uk

1. Definitions and Interpretation

1. In these terms and conditions the following definitions shall apply:
   1. (a) "Agreement" means all the terms of this Agreement including these terms and conditions, all terms set out on the PNP site and on any invoice.
   2. (b) "Content" includes but is not limited to text, graphics, maps, logos, urls, data owned by PNPL, its licensors or its third-party partners.
   3. (c) "Customer" means any person, company or organisation who negotiates with or contracts with the PNPL for access to the Content of the PNPA.
   4. (d) "Public Notice Portal" is a trading name of Public Notices Portal Limited.
   5. (e) "Archived Public Notice": any public notice which was previously published on the Public Notice Portal website and is now stored in the archive in the same or similar format, which has been selected (whether by you or by us on your behalf) for the purposes of licensing access to view on the Public Notice Portal website and/or any optional ability to download a version of the public notice as a raw data e.g. a CSV file.
   6. (f) "Licence Fee": any sum(s) payable by you to us in respect of the licence, which must be from a payment card registered in the United Kingdom or an invoice paid from a bank account owned by a UK registered organisation.
   7. (g) "Reproduction" includes any form of publication or copying, of the whole or part of any Content and whether or not altered whether by printing or digitally displaying the Content or storage by any other means, and to Reproduce shall be construed accordingly.
   8. (h) References to clauses are to the clauses of these terms and conditions.

Grant of Licence

1. All elements of this site, including, but not limited to, the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights.
2. Subject to the terms of this Agreement, we grant to you a non-transferable, non-exclusive (unless agreed otherwise in writing) licence on payment of the Licence Fee, to access the Content during the licence period (which will be 12 months from the completion of the payment due), in the United Kingdom and with the exclusion of any purposes for which in the sole opinion of the PNPL is considered to be detrimental to the PNPL, the News Media Association or any of its affiliates.
3. Except as explicitly permitted under this or another written licence or agreement with PNPL, no portion or element of the PNPAS or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of PNPL, its licensors or its third-party image partners. You shall indemnify PNPL, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of this Agreement or your unauthorised use of the Content or site.
4. This site and its Content are intended for customers of PNPA. You may not use this site or the Content for any purpose not related to your business with PNPA. Any use of the Content, this site or any of its functionality for a purpose not permitted by this Agreement is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by PNPL for use of this site.
5. This Agreement applies to all orders, supplies and Reproductions of Content from or by PNPL, and shall apply in place of and prevail over any terms and conditions contained or referred to in the buyer's order or correspondence or elsewhere or implied by trade practice or course of dealing.

Copyright and Publication Right

1. No interest in the copyright in any Content shall pass to you by virtue of this Agreement. If any use of the Content shall give rise to publication right (as defined by Copyright Law in the United Kingdom or to any similar rights in the United Kingdom, those rights shall belong exclusively to PNPL. The Customer undertakes to do all such things and to procure that any third parties in whom such rights may otherwise vest do all such things and sign and execute all such documents as may reasonably be required to vest.

Delivery & Term

1. This Agreement applies to the supply of all Content (including preview public notice title and descriptions) downloaded by you, delivered to you online or delivered to you by email, FTP or other purely digital means.
2. You agree to be bound by all the terms of this Agreement when you set up your user account with us and you confirm your acceptance of these terms and conditions each time you access or download any content, whether or not you have logged in or set up a user agreement. Downloading of any material whatsoever will be deemed as acceptance of these terms and conditions.
3. Content is supplied to the Customer by way of loan only. No property or copyright in any Content shall pass to the client whether on their submission or on PNPL’s grant of Reproduction rights in respect thereof.
4. PNPA shall deliver the Content to the Customer according to the PNPAS via the PNP site and any optional download (e.g. CSV) until such time that the 12-month term expires, at which point the site will remove access and you agree to destroy any Content held.
5. You agree that the PNPAS may at times return Content that contains errors, is incomplete or even non-discoverable and as such should not be relied upon as a matter of record.

Reproduction Right and Payment

1. The Customer may reproduce the Content only:
   1. (a) with the prior written consent of PNPL; and
   2. (b) after payment of the appropriate Licence Fee (including any Zero Fee purchases).
2. Possession of the Content does not constitute consent to reproduce them. The Customer must notify PNPL of the intended use of the Content. PNPL may, at its discretion, then grant consent to the Reproduction by letter or by electronic mail or by invoicing the appropriate Licence Fee by issuing a confirmation of sale notice and such consent shall be subject to this Agreement and any other conditions applied at the time.
3. Neither party is committed to grant or to acquire any Reproduction rights in any Content until: PNPL has either invoiced the Licence Fee or issued the Customer with a confirmation of sale notice.
4. After a Licence Fee has been agreed and either successfully paid via an online debit or credit card translation or an invoice there is a firm and binding contract whereby PNPL is committed to grant access rights and the Customer to accept the service.
5. If after such invoicing but before payment the Customer requests cancellation of the access rights PNPL may in its discretion cancel subject to the client paying a cancellation fee.
6. The PNPAS operates a strict No Refunds Policy. You agree to the limitations stated in clause 4.5
7. If a payment of a Licence Fee fails in some way (including, but not limited to Chargebacks at a later date), then the PNPL has the right to remove access to the PNPAS and take any other appropriate action.
8. The Customer agrees to indemnify PNPL in respect of any claims or damages or any loss or costs arising in any manner from the access rights of any Content supplied to the Customer by PNPL. This also includes the case where, if any third party reproduces any Content loaned to the Customer, the Customer shall, without prejudice, pay PNPL all the fees which that third party would be liable to pay to PNPL had the third party borrowed and reproduced the Content pursuant to these terms.
9. Unless otherwise agreed in writing by the parties, access to the Content granted by PNPL shall:
   1. (a) Not be exclusive to the Customer except when specified.
   2. (b) Be exercisable only by the Customer and shall not be assigned without the prior written consent of PNPL, nor may any Content submitted to the Customer be loaned or transferred to third parties.
   3. (c) Be limited to the precise use, period of time (12 months) and territory (United Kingdom) specified on the PNPAS site, and relate to a single access on the PNPA website and in any associated email.
   4. (d) Any Reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
   5. (e) The Customer shall pay for access via secure online debit or credit card payment or via invoice settled within 30 days.
10. If payment is not made in accordance with clause 5.7 above then PNPL may rescind this Agreement and recover damages, or charge interest at 2% per month on the overdue amount.
11. All amounts due under this Agreement are at a Zero rate of VAT.

Restrictions and Obligations

1. You must comply with all applicable laws and regulations in performing your obligations and exercising your rights under this Agreement.
2. You must not incorporate the Content (or any part of it) into a logo, trade mark or service mark unless expressly agreed in writing by us.
3. Content must not be used in competitions, presentations or layouts nor may Content be used in slide projections or other presentations unless expressly agreed by us in writing.
4. Content must not be used in any form of Large Language Model (LLM) and/or Artificial Intelligence.
5. You must not make any kind of use of the Content or the PNPAS that, in the sole opinion of the PNPL, is detrimental to the PNPL, the News Media Association and its affiliates. Access to the PNPAS will be restricted, removed and the PNPL reserves the right to take appropriate action.
6. You must comply with any restriction or special instructions on use notified to you by us before or after or at the time of delivery of the Content or thereafter. You undertake by accepting our Terms and Conditions, to indemnify PNPL against any legal action or other costs which may result from any such unauthorised use. You warrant that it is your responsibility to ensure restrictions have not changed between the time of becoming a Customer of the PNPAS.

Credits

1. All Reproductions of Content shall be credited to "Public Notice Portal Archive".
2. If any Content reproduced by the Customer omits the credit line specified by PNPA the Licence Fee payable will be increased and agreed in writing with the PNPL
3. No addition to, deletion from or alteration to or adaptation of the Content may be made without the written permission of PNPL.
4. While PNPL takes all reasonable care in the performance of this Agreement generally, PNPL shall not be liable for any loss or damage suffered by the Customer or by any third party arising from the use or Reproduction of the Content.

Audit

1. You shall keep separate and detailed records of all uses of the Content to enable PNPL to verify your compliance with the terms of this Agreement. After giving written notice of 10 days we or any other person authorised by us may inspect your records, premises and/or servers during normal business hours and take away copies to verify the information provided by you. This right of inspection shall remain in effect for a period of one year after the expiry or termination of this Agreement.

Indemnity

1. You agree to indemnify and hold PNPL harmless against any claims, damages, losses, expenses or costs (including any direct, indirect or consequential losses, loss of profit and loss of reputation and all interest, penalties and legal costs and other expenses) arising in any manner whatsoever from or as a result of your unauthorised use of the content supplied by PNPAS to you, or any breach by you of any of your obligations under this Agreement.

Termination

1. PNPL may (by written notice to you) terminate this Agreement immediately if:
   1. (a) You fail to pay any amount due under this Agreement in full within 14 days of its due date and this failure is not remedied within 7 days of receipt of written notice to this effect; or
   2. (b) You commit any material breach of your obligation under this Agreement which is incapable of remedy, or if capable of remedy, is not remedied within 14 days of our giving written notice requiring the breach to be remedied; or
   3. (c) You cease or threaten to cease to carry on business or any of the following events occur in respect of you or any of your holding companies;
   4. (d) A proposal is made for a voluntary arrangement or for any other composition scheme or arrangement with or assignment for the benefit of creditors;
   5. (e) A resolution for winding up is passed;
   6. (f) A petition for winding up is presented or an application is made for the appointment of a provisional liquidator or a creditor’s meeting is convened.
   7. (g) A receiver, administrative receiver or similar officer is appointed over the whole or any part of your business or assets; or
   8. (h) An application is made either for the appointment of an administrator or for an administration order.
2. On the expiry or termination of this Agreement the Licence shall automatically terminate and there must be no further use of the Content. All Content must be promptly deleted from your computer or other electronic storage system.

Assignment

1. You shall not without our prior written consent assign, transfer or deal in any manner with this Agreement or any of your rights and obligations under this Agreement.

Miscellaneous Terms

1. Failure by PNPL to exercise or enforce any rights under these conditions shall not be deemed to be a waiver of any such rights at any time or times thereafter.
2. Any notice hereunder shall be deemed to have been duly given if delivered by hand or sent by first class prepaid post, fax, telex or electronic mail to the party at its last known address. Notices and deliveries sent by first class post shall be deemed to have been given two days despatch and notices sent by fax, telex or electronic mail shall be deemed to have been given on the date of despatch.
3. No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
4. This Agreement shall be governed by and construed in accordance with English law and the parties agree to accept the exclusive jurisdiction of the court of England or, for the exclusive benefit of the plaintiff in the relevant proceedings, the courts of the country of the principal place of business of the defendant in the relevant proceedings.