Terms and Conditions - Net Gain Club

About us

www.netgainclub.com and any of the functionalities displayed on it (Our Site) is a site operated by The Net Gain Club Limited (We, Us, Our).

Terms of website use

This terms of use policy (together with the documents referred to in it) tells you the terms of use on which you may make use of Our Site, whether as a guest or a registered user. Use of Our Site includes accessing, browsing Our Site.

These terms of use, its subject matter and its formation, are governed by English law and subject to the exclusive jurisdiction of the courts of England.

Please read these terms of use carefully before you start to use Our Site, as these will apply to your use of Our Site. We recommend that you print a copy of this for future reference.

By using Our Site, you confirm that you accept these terms of use and that you agree to comply with them. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes We made, as they are binding on you.

If you do not agree to these terms of use, you must not use Our Site.

Other applicable terms

These terms of use refer to Our Privacy and Cookies Policy (this sets out the terms on which We process any personal data We collect from you, or that you provide to Us and that you consent to by using Our Site), which also apply to your use of Our Site.

Changes to Our site

We may update Our Site from time to time, and may change the content at any time. However, please note that any of the content on Our Site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.

Accessing Our site

Our Site is made available free of charge.

We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. Access to Our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to Our Site.

You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others within your organisation to content posted on Our Site.

You must not modify the paper or digital copies of any materials 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.

Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.

You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.

If you print off, copy or download any part of Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.

Although We make reasonable efforts to update the information on Our Site, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Site is accurate, complete or up-to-date.

Liability and indemnity

Nothing in these terms of use excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, breach of Our obligations under the Data Protection Act 1998 or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our Site or any content on it, whether express or implied.

You agree to indemnify, keep Us indemnified, defend and hold Us harmless in full and at all times against any liability, loss, damages, demands, costs, claims, charges and expenses (including reasonable legal fees) sustained or incurred by Us (whether of a direct, indirect or consequential nature) including but not limited to loss of profits, business, goodwill and/or reputation, or for which We may become liable arising directly or indirectly from your use of Our Site, your failure to adhere to these terms or your delay in the performance of any of your obligations under these terms or from any criminal, fraudulent or negligent act or other claim relating to or in connection with the use of Our Site or your actions arising out of or in connection with these Terms.

We will not be liable to You (to the extent permitted by law) whether arising in contract, tort (including negligence) or misrepresentation for any direct loss or damage, loss or damage arising from third party claims, loss of profit, revenue or goodwill or indirect or consequential loss or damage, opportunity or wasted expenditure, business or business interruption, corruption of data or loss of confidential information connected to Your use of Our Site or inability to use it.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on Our Site. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods and/or services to you, which will be set out in the relevant terms and conditions of supply.

Linking to our site

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.

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.

You must not establish a link to Our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you use the content within Our site (i.e our blog) without permission from us.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on Our Site other than that set out above, please contact Us.

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Membership and free contracts
1. How We will accept your Membership. Our acceptance of your Booking will take place when You sign up on our website, at which point a contract will come into existence between you and Us.
2. If We cannot accept your Membership. If We are unable to accept your Membership, we will inform you of this in writing and will not charge you. This might be because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the group or workshops or because there are no spaces left.
3. Your Membership Reference. Your membership reference is the email address that you sign up to the website with.
Your rights to make changes
1. If you wish to make a change to your Membership please contact Us. We will let you know if the change is possible. If it is possible We will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
1. Minor changes. We may make changes:
  1. to reflect changes in relevant laws and regulatory requirements;
  2. to the location of any Workshop/Event and/or speaker(s), mentor(s) or content, at any time without notice. You will not be entitled to a refund as a result, unless you exercise your rights shown in clause 8.
2. More significant changes including changes to these terms. In addition, We may make the following changes but if We do so We will notify you and you may then contact Us to end the contract and receive a full refund before the changes take effect:
  1. changes in how We accept payment from you;
  2. changes in relevant laws and regulatory requirements.
3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that We provided to you before you bought it.
We will supply the Workshop/Event to you on the date set out in the Booking unless otherwise varied by Us in accordance with clause 2.
1. If the contract is a one-off purchase of digital content. We will make the digital content available for download by you as soon as We accept your Booking.
2. Filming and Photography. Workshop/Events may be filmed and recorded without prior notice and unless you inform Us before the Workshop/Event begins, you will be deemed as having given Us permission for any footage containing you to be used by Us for commercial purposes.
3. We are not responsible for delays outside of Our control. We will make every effort to provide the Workshop/Event on the date(s) set out in the Booking. However, there may be delays due to an Event Outside Our Control. See clause 13 for Our responsibilities when an Event Outside Our Control happens. If Our supply of the Services is delayed by an event outside Our control, then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to end the contract and receive a refund for any Workshop/Event you have paid for but not received.
4. If you do not pay Us for a Workshop/Event when you are supposed to and you still do not make payment within 7 days of Us reminding you that payment is due, We may withdraw your enrolment on a Workshop/Event with immediate effect (except where you dispute an invoice). We will contact you to tell you this and discuss any interest charges you may incur as a result. See clause 11.3 for more information on overdue payments.
5. What rights We retain. You acknowledge that all copyright, design right, trademarks and all other intellectual property rights in all Workshop/Event materials (including but not limited to any drafts, drawings, PowerPoints or illustrations We make in connection with such materials) are owned by Us or Our licensors.
6. What is not included:
  1. You acknowledge that We do not (nor does any trainer, mentor, consultant, team member, agent or employee who is providing a course, mentoring or other training) provide financial, legal or accounting advice. We are not authorised by the FCA or other body to do so and as such this does not form part of the Workshop/Event or the contract between Us.
  2. You further acknowledge that the opinions and comments made by trainers, consultants and mentors (whether employed by Us or not) are their own and do not represent or reflect Our opinions or comments. You acknowledge that any opinions or comments are followed at your own risk. You agree not to hold Us responsible for any such opinions or claims.
7. What will happen if you do not give required information to Us? We may need certain information from you so that We can supply the Workshop/Event(s) to you. If so, this will have been stated on Our website. We will contact you to ask for this information. If you 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 supplying the products late or not supplying any part of them if this is caused by you not giving Us the information We need within a reasonable time of Us asking for it.
Excluded services
1. We use self-employed consultants to assist us in providing Workshop/Events. They may offer you Excluded Services with Our consent. If you accept or proceed with any Excluded Services, the contract will be between you and the consultant and not between you and Us.
2. We do not recommend or endorse any of the Excluded Services or offer any guarantees as to the Excluded Services or any potential financial return arising from them. If you agree to take Excluded Services, you are doing so at your own risk.
3. We suggest that you make your own investigations and enquiries regarding these services before acting upon any advice or investment opportunity provided to you.
4. Because the Excluded Services are carried out between you and the consultant, we will not be responsible for any costs or losses you or any person connected with you, incur as a result of those Excluded Services.
5. By placing a Booking you are agreeing to waive forever and release Us and our affiliates and partners from any claims you may have against Us arising out of or in connection with the Excluded Services.
Money Back Guarantees (there applicable)We offer a ‘Money Back Guarantee’ on selected trainings subject to certain criteria being met. This is in addition to and does not affect your legal rights. If the training which you have signed up for is eligible for this guarantee it will be made explicit prior to when the product is sold to you. Should you have a claim under any money back guarantee for any training you must inform the company within 24 months from the date of purchase for your claim to be valid. If this guarantee was not explicitly offered on the product you purchased prior to your purchase, then the guarantee is not offered. The terms of each products’ guarantee are subject to specific criteria being met, which is variable from product to product, and the specific criteria pertaining to each product’s guarantee is available to you upon request.
Failure to attend
If you fail to attend a Workshop/Event but have not varied your Booking, you will forfeit any amounts that you have paid for that Workshop/Event. This covers the cost we have incurred in organising your Booking and attendance at the Workshop/Event. You will not receive any credits for a Workshop/Event that has been paid for but for which you do not attend. You acknowledge that this clause does not work harshly on you.
1. In any event your attendance on a Workshop/Event must take place within 12 months of the date of sale including instances where you have varied the booking date.
Your rights to end the contract
1. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or over the telephone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
2. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
  1. digital products after you have started to download or stream these;
  2. services (including Workshop/Events), once these have been completed, even if the cancellation period is still running;
  3. Any products purchased in person and therefore not online or over the telephone.
3. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
  1. Have you purchased services or products over the internet or over the telephone? If so, you have 14 days after the day We email you to confirm We accept your Booking. However, once We have completed the Workshop/Event, you cannot change your mind, even if the period is still running. If you cancel after We have started the Workshop/Event, you must pay Us for services provided up until the time you tell Us that you have changed your mind.
  2. Have you bought digital content for download or streaming? If so, you have 14 days after the day We email you to confirm We accept your Booking, or, if earlier, until you start downloading or streaming. If We delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
  3. Have you bought goods? If so, you have 14 days after the day you (or someone you nominate) receives the goods if purchased over the internet or telephone, unless:
  4. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
  5. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
4. For contracts that run on a month to month basis. Termination of the contract may be given after the initial contract peroid has ended with 1-month written notice served.
5. To end the contract with Us, please let Us know by doing one of the following:
  1. Email us at info@netgainclub.com Please provide your name, home address, details of the Booking and, where available, your phone number and email address.
If there is a problem
1. How to tell Us about problems. If you have any questions or complaints about the Product, please contact Us. You can write to Us at info@netgainclub.com.
2. Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. See the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your Product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following: up to 30 days: if your item is faulty, then you can get a refund. up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back. If your Product is digital content, for example a mobile phone app or a subscription to online information or courses, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: if your digital content is faulty, you’re entitled to a repair or a replacement. If the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back if you can show the fault has damaged your device and We haven’t used reasonable care and skill, you may be entitled to a repair or compensation. If your Product is services, for example the provision of a Workshop/Event, the Consumer Rights Act 2015 says: you can ask Us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if We can’t fix it. If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable. If you haven’t agreed a time upfront, it must be carried out within a reasonable time.
1. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to Us or (if they are not suitable for posting) allow Us to collect them from you. We will pay the costs of postage or collection. Please email Us at info@netgainclub.com for a return label or to arrange collection.
Price and Payment
1. The price will be set out in Our price list in force at the time We confirm your Booking. Our prices may change at any time, but price changes will not affect Bookings that We have confirmed with you.
2. Upon submitting a Booking, We will request a deposit from you to secure your place on a Workshop/Event (Deposit) by way of credit or debit card. We will not accept a Booking unless We receive your Deposit. We will send you an invoice in respect of your Booking (by email or by post) and full payment of the balance for the Workshop/Event must be made 30 days prior to the date of the Workshop/Event. Your rights to a refund on cancellation are set out in clause 10.
3. If you do not make payment to Us by the invoice due date, We may charge interest to you on the overdue amount at the rate outlined by our current bank or its successor 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.
4. If you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing, access to Products related to you Booking will be restricted.
5. We take all reasonable care to ensure that the price advised is correct. However, if We discover an error in the price specified in your Booking, we will contact you to rectify it.
6. What happens if We got the price wrong. It is always possible that, despite Our best efforts, products and services may be incorrectly priced. We will normally check prices before accepting your booking so that, where the Product’s correct price at your Booking date is less than Our stated price at your Booking date, We will charge the lower amount. If the correct price at your Booking date is higher than the price stated in Our price list, We will contact you for your instructions before We accept your Booking. If We accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
7. If you think an invoice is wrong, please contact Us as soon as possible to let Us know and We will not charge you interest until We have resolved the issue.
8. If We have to cancel a Booking before the start date for the Workshop/Event, due to an Event Outside Our Control which persists or the unavailability of key personnel or key materials without which We cannot provide the Workshop/Event, you will be contacted promptly.
Rescheduling a booking
If you would like to reschedule your enrolment on a Workshop/Event from the original Workshop/Event date, you must notify Us in writing providing Us with full details of the original date and your preferred Workshop/Event date. We are not obliged to reschedule your enrolment but may do so at Our own discretion. You acknowledge that We may incur additional charges as a result and We will be entitled to recover these reasonable costs from you. You further acknowledge that Our ability to reschedule will depend on the availability of places and that We shall, to the fullest extent permitted by law, have no liability to you in the event that no places are available.
Our responsibility for loss or damage suffered by you
1. We are responsible to you for foreseeable loss and damage caused by Us. 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 as a result of these events 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.
2. When We are liable for damage to your property. If We are providing services i your property, We will make good any damage to your property caused by Us while doing so. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover while providing the services. If defective digital content which We have supplied damages a device or digital content belonging to you, We will either repair the damage or pay you compensation.
3. Our liability in all cases shall be limited to the Contract Price.
4. We are not liable for business losses. We only supply Products for domestic and private use. If you use the products for any commercial, business or re-sale purpose in no circumstances shall We be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses, or (ii) for any loss of profit, business, contracts or revenues, business interruption, loss of business opportunity or anticipated savings, or (iii) for any special, indirect or consequential damage of any nature whatsoever.
5. Except for the express warranties set out above, We grant no other warranties relating to the goods or services, and all other conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute, at common law or otherwise howsoever, relating to defects in the Products, are hereby excluded; in particular (but without limitation of the foregoing) We grant no warranties (other than as provided in the warranties set out above) regarding the fitness for purpose, performance, use, quality or merchantability of the Products, whether express or implied, by statute at common law or otherwise howsoever
Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control (including but not limited to Us having to rearrange or cancel a Workshop/Event).
2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
4. We will contact you as soon as reasonably possible to notify you; and
5. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of the Workshop/Event to you, We will rearrange the Workshop/Event as soon as reasonably possible after the Event Outside Our Control is over.
6. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Workshop/Event. Please see your cancellation rights under clause 7. We will only cancel the contract if the Event Outside Our Control continues for longer than two weeks in accordance with Our cancellation rights in clause 7.
7. Any cancellation under this clause in respect of an event outside Our control shall discharge Us and you from any liability for further performance of our Agreement but shall be without prejudice to any rights or obligations which shall have accrued or become due between Us and You prior to the date of termination.
Cancellation/Termination
1. Exercise of the right of termination afforded to either you or Us shall not prejudice legal rights or remedies either you or Us may have against the other in respect of any breach of the terms of our Agreement.
2. Any termination of our Agreement (howsoever occasioned) or the expiry thereof shall not affect the coming into force or the continuance in force of any provision hereof which is expressly [or by implication] intended to come into or continue in force on or after such termination or expiry.
3. Termination or expiry of our Agreement for whatever cause shall not put an end to the obligation of confidence imposed on you under Clause 18.
How we may use your personal information
1. We will use the personal information you provide to Us to:
  1. provide the Workshop/Event;
  2. process your payment for such Workshop/Event; and
  3. if you agreed to this during the Booking process, to inform you about similar products that We provide, but you may stop receiving these at any time by contacting Us.
2. We may pass your personal information to credit reference agencies. Where We extend credit to you, We may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
3. We will only give your personal information to other third parties where the law either requires or allows Us to do so
Notices
1. All notices and other communications you send to Us under our Agreement shall be in writing and shall be deemed to have been duly given: when delivered, if delivered by messenger at the specified address during normal business hours of the recipient, and on the third business day following mailing, if mailed by certified or registered mail, postage prepaid, in each case addressed as follows: 80 Compair Crescent, Ipswich, Suffolk IP2 0EH
Entire Agreement
1. Our Agreement constitutes the entire agreement between Us and you and supersedes and invalidates all other commitments, representations, promises, understandings and warranties relating to the subject matter hereof which may have been made by either Us or you orally or in writing prior to the date of our Agreement, and which shall become null and void from the date our Agreement is signed.
Other important items
1. You will take all proper steps to keep all Confidential Information which is disclosed to you or obtained by you pursuant to or as a result of our Agreement, and will not divulge the same to any third party except to the extent that any such Confidential Information becomes public through no fault on your part. This includes content from the provider or other participants regarding but not limited to information on any projects past or in current negotiation.
2. Not withstanding the provisions in clause 21.1 you shall be entitled to make any disclosure required by law, by a court or tribunal of competent jurisdiction or by any governmental or other regulatory authority.
3. Upon termination of our Agreement, you will return to Us any written data (without retaining copies thereof) provided for the purposes of our Agreement.
4. Notwithstanding the termination or expiry of our Agreement for whatever reason the obligations and restrictions in clause 21.1 above shall be valid for a period of five years from the date of our Agreement.
5. Each provision of this Clause is to be construed as a separate limitation (applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable in any circumstances) and shall remain in force notwithstanding termination of this Contract.
6. No action may be brought under our Agreement more than two years after its termination or, in the event of default by Us or you, more than two years after such default has come to the notice of the other party.
7. Amendment: These Terms may be amended or modified in whole or in part at any time by an agreement in writing signed by a partner, director or other officer of Ours.
8. Nothing contained in our Agreement shall be so construed as to constitute either us to be the agent of the other.
9. Our Agreement shall not operate so as to create a partnership or joint venture of any kind between Us and you.
10. Time shall be of the essence of our Agreement, both as regards the dates and periods mentioned and as regards any dates and periods which may be substituted for them in accordance with our Agreement or by agreement in writing between Us and you.
11. We may transfer our agreement to someone else. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
12. You need Our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
13. Nobody else has any rights under this Contract. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14. If a court find part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15. Even if We delay in enforcing this contract, We can still enforce it later. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
16. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
17. Mediation: We and you agree to use our best efforts to negotiate in good faith and settle amicably any dispute that may arise out of or relate to our Agreement or a breach thereof. If any such dispute cannot be settled amicably through ordinary negotiations between us we agree to refer the matter to a mediator to be agreed between us and in the absence of agreement between us to a court of competent jurisdiction.