6. Limitation of Liability
15.1 Systems Together Ltd
accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential,
special or exemplary damages arising out of our breach of these
terms and conditions shall be limited to the value of the
User’s subscription prevailing at the relevant time.
For all other direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Website, the
Services or any information contained therein, to the maximum
extent permitted by law, Systems Together Ltd accepts no
liability. Users should be aware that they use the Website,
the Services and all relevant Content at their own risk.
15.2 Nothing in these
terms and conditions excludes or restricts Systems Together Ltd
liability for death or personal injury resulting from any
negligence or fraud on the part of Systems Together Ltd
16. Term and Termination
16.1 The term of the Agreement
shall commence upon the User’s acceptance of these terms
and conditions and shall continue until terminated either by the
User or by Systems Together Ltd in accordance with this Clause
16.
16.2 If a User wishes to terminate the Agreement they may do
so by:
16.2.1 Closing
their Account; [and / or]
16.2.2 Informing Systems Together Ltd
in writing that they wish to terminate this Agreement.
16.3 Systems Together
Ltd reserves the right to terminate the Agreement, a User’s
Account and a User’s access to the Services at any time for
the following reasons:
16.3.1 The
User has committed a material breach of these terms and
conditions, unless such breach is capable of remedy, in which
case the right to terminate immediately will be exercisable if
the User fails to remedy the breach within 14 days after a
written notice to do so;
16.3.2 The User has indicated,
expressly or impliedly, that they do not intend to or are unable
to comply with these terms and conditions;
16.3.3 Systems Together Ltd is
required to do so by law;
16.3.4 It has become, in the opinion
of Systems Together Ltd, its affiliates or advisers, no longer
commercially viable to continue providing the Services;
16.3.5 Systems Together Ltd is
no longer providing the Services in the User’s country of
residence;
16.4 If Systems Together
Ltd terminates a User’s Account as a result of the
User’s breach of these terms and conditions the User will
not be entitled to any refund.
16.5 If Systems Together
Ltd terminates a User’s Account or subscription for any
other reason, the User will [not] be refunded any remaining
balance of their Subscription Fee. [Such a r
refund
will be calculated based upon the fee being divided by the number
of days in the applicable Subscription Period and multiplied by
the number of days remaining until the end of the Subscription
Period.]
16.6 In the
event that Systems Together Ltd terminates a User’s Account
or subscription, the User will cease to have access to the
Services from the date of termination.
16.7 If the User terminates
their Account or subscription, they will continue to have access
to the Services for the remainder of the prevailing Subscription
Period, termination becoming effective at the end of that
Subscription Period.
16.8 In the event that the Agreement is terminated, the
User’s Account will be closed and their access to the
Services suspended in accordance with sub-Clauses 16.6 and
16.7. Any Content that the User has submitted or created
will become inaccessible to all Users from the date on which the
Services become inaccessible, however copies may be retained by
Systems Together Ltd as part of standard backup procedures.
16.9 Upon termination of
the Agreement, the User shall cease to be bound by all
obligations set out in these terms and conditions with the
exception of those expressly stated to survive the termination of
the Agreement.
17. No Waiver
In the event that either the User
or Systems Together Ltd fails to exercise any right or remedy
contained in these terms and conditions, this shall not be
construed as a waiver of that right or remedy.
18. Assignment
Users may not assign, transfer,
sub-contract, or in any other manner make over to any third party
the benefit and/or burden of this Agreement without the prior
written consent of Systems Together Ltd, such consent not to be
unreasonably withheld.
19. Severance
Whilst every effort has been made to
ensure that these terms and conditions adhere strictly with the
relevant provisions of the Unfair Contract Terms Act 1977, in the
event that any of these terms are found to be unlawful, invalid
or otherwise unenforceable, that term is to be deemed severed
from these terms and conditions and shall not affect the validity
and enforceability of the remaining terms and conditions.
This term shall apply only within jurisdictions where a
particular term is illegal.
20. Entire Agreement
These terms and conditions embody
and set forth the entire Agreement and understanding between the
Parties and supersede all prior oral or written agreements,
understandings or arrangements relating to the subject matter of
the Agreement. Neither the User nor Systems Together Ltd
shall be entitled to rely on any agreement, understanding or
arrangement not expressly set forth in these terms and
conditions, save for any representation made fraudulently.
21. Notices
All notices / communications shall
be sent to and by Systems Together Ltd either by post to our
premises (Customer Services Systems Together Ltd, 12 Mayfield
Avenue Southend on Sea Essex SS2 6NZ England or by
email to admin@systemstogether.com
Such notice will be deemed received 3 days after posting if sent
by first class post, the day of sending if the email is received
in full on a business day and on the next business day if the
email is sent on a weekend or public holiday.
22. Law and Jurisdiction
22.1 These terms and
conditions, the Agreement and all other aspects of the
relationship between the User and Systems Together Ltd shall be
governed by and construed in accordance with the Laws of England
and Wales.
22.2 Any dispute between the User and Systems Together Ltd
relating to these terms and conditions, the Agreement and all
other aspects of the relationship shall fall within the
[non-]exclusive jurisdiction of the courts of England and Wales.
BACK
RETURN