Terms of use

The Directory of Social Change

Subscription Websites Terms of Use

Welcome
Welcome to the Directory of Social Change (“DSC”) websites (the “Webservice”) at www.companygiving.org.uk;www.governmentfunding.org.uk; www.grantsforindividuals.org.uk; www.trustfunding.org.uk

1. Use of the Site(s)

1.1In accessing the Webservice and Site(s), whether as a registered user or otherwise, you agree on your own behalf and on behalf of each entity on whose behalf you act to accept in full and agree to abide by the Terms and Conditions of DSC relating to your use and the content of the Webservice and Site(s). If you do not agree to abide by these Terms and Conditions you should not access or use the Webservice or the Site(s) in any way.
1.2These terms should be read in conjunction with our Privacy Policy relating to Data Protection that sets out how we collect and use any personal information we may gather about you as a result of your accessing the Webservice and the Site(s).
1.3In addition to any subscription charge that DSC may apply to registered users of our subscriber Webservice or Site(s), you are liable for all and any telephone and access charges incurred in accessing and using the Webservice and the Site(s) where such charges are levied by your telephone, broadband or internet service provider.
1.4The Webservice and Site(s) shall be used in accordance with all laws, regulations or codes of conduct (including self regulatory) applicable to the use of the internet or electronic communications and you agree to be solely responsible for your use of the Webservice and the Site(s).
1.5By accessing and using the Service you confirm that you are eligible to use the Service.
1.6You agree not to:
1.6.1use the Service except in accordance with these Terms and Conditions as amended and posted on the Site(s) by us from time to time.
1.6.2sub-license, assign or subcontract any part of your benefits and obligations under these Terms and Conditions.
1.6.3use or permit the use of the Webservice or Site(s) for any illegal purpose.
1.6.4reproduce or re-transmit any part of the Information in any form without our prior written consent (except to the extent expressly provided in these Terms and Conditions).
1.6.5damage, interfere with or disrupt access to the Webservice and/or the Site(s) or do anything that may interrupt or impair their functionality.
1.6.6make or derive any commercial use or benefit from any part of the Webervice and/or the Site(s).
1.6.7use the Service in such a manner as would bring us, our organisation and/or business into disrepute.
1.6.8obtain or attempt to obtain unauthorised access, through whatever means, to the Webservice, the Site(s), other services or computer systems or areas of our networks.
1.6.9make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, spyware, cookies, "Trojan horses", "worms" or any other harmful software in connection with your use of the Webservice or Site(s).
1.6.10use the Webservice or Site(s) in any way to send unsolicited (commercial or otherwise) e-mail (spamming) or any material for marketing or publicity purposes.
1.6.11post any infringing, defamatory, obscene or other unlawful information to any community, discussion, blog or chat area of the Webservice or Site(s).

2. Purpose and Content

2.1 The purpose of the subscription Site(s) is/are to:
2.1.1 provide information on grants for the voluntary and community sector.
2.1.2 provide potentially useful links between grant providers and grant recipients or potential grant recipients, enabling grant providers to promote their services effectively and to enable grant recipients and potential grant recipients to search out grants and assistance that may be available.
2.1.3 provide additional services to registered users who will be alerted as to new or existing grants that may become available.

3. Definitions

3.1 Where so described in these Terms or where the context so admits or requires:“
We” “our” and “us” shall mean The Directory of Social Change (DSC) a registered charity with number 800517 and a company limited by guarantee with number 02320712 and registered in England and Wales having its registered office at 24 Stephenson Way, London NW1 2DP.“
You” “your” and “yourself” shall mean any natural or legal person who uses the Webservice or the Site(s) and each entity on whose behalf you act.
"Information" means any information or content made available in whatever form on the Site(s) including without limitation publications, information, data, tables, statistics, software, graphics, artwork, text, audio, video, animation and images.
"Intellectual Property Rights" means all present and future intellectual property rights world-wide howsoever arising and in whatever media, whether or not registered, including without limitation, patents, trade marks, design rights, copyright, database rights, service marks, trade names and rights in confidential information.
"Service" means access to the information via the Site(s) as operated by us from time to time.
3.2 The headings of clauses are for ease of reference and shall not affect the interpretation or construction of these Terms and Conditions.
3.3 In these Terms and Conditions words importing any gender shall not exclude any other gender and the singular shall include the plural and the masculine include the feminine and vice versa as the context so indicates.
3.4 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated; and any or all statutory instruments or orders made pursuant to it.
3.5 Unless the context otherwise requires those provisions contained in these Terms and Conditions which relate to any subject matter of which there is more than one version shall apply severally to each.

4. Content

4.1 We license you to use the Information in order to view it for your own use only.
4.2 All right, title and interest to the Intellectual Property Rights which subsist or may subsist in the Information, the Service and/or the Site(s) vests in us (or is licensed to us) and subject to 4.1 above, you agree not to modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the Intellectual Property Rights provided by us to you in any way without our prior written consent.
4.3 DSC and Charityfair are trademarks of DSC. The DSC logo is a trademark of DSC. Any trade marks, service marks and/or other trade names used by us from time to time shall not be used by you at any time without our prior written consent including without limitation our registered trade mark and logo, all page headers, custom graphics and button icons on the Site(s).
4.4 You shall not use any trade marks, service marks and/or other trade names used by us from time to time for any purpose including to imply endorsement by us of your website and/or goods and/or services or otherwise without our prior written consent.
4.5 All other trademarks referred to on the Site(s) are the trademarks of their respective owners.
4.6 The following copyright guidelines apply if you wish to reproduce the whole or part of a Publication and/or the Information whether in hard copy and/or electronic format or otherwise:
4.6.1 In all instances, you should obtain prior written permission from DSC Customer Services Department before doing any of the restricted acts under the Copyright, Designs and Patents Act 1988 or anything which would amount to an infringement of database rights in respect of all or any of the Publications and/or Information whether purchased from us in hard copy or video or CD-ROM or freely distributed by us online through the Site(s) including without limitation copying and/or distributing the Publications and/or Information in any format online or offline for internal use, use on intranets or for communication to the public. A licence fee may be payable if we grant you the right to reproduce the whole or part of a Publication and/or the Information.
4.6.2 Redistribution of the Publications and/or Information via another website is not permitted without our prior written consent.
4.7 The Site(s) may contain links to third party websites ("Linked Sites"). We do not control, sponsor, endorse or otherwise approve of any information or statements appearing in the Linked Sites (nor in other sites referred to in or linked to the Linked Sites). We are not responsible for webcasting or any other form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working properly.
4.8 Your use of any third party software that is made available to download by us in connection with the Site(s) is governed by any separate licence terms and conditions of the respective software supplier.
4.9 We undertake to take reasonable care in the creation of the Site(s), the classification and coding of the data and the creation of necessary documentation.
4.10 In respect of the subscription Site(s) we make no guarantee that you or any grant seeker using the Webservice or Site(s) will be successful in applications for grant aid.
4.11 You undertake to ensure that any copyright notice appearing on the Site(s) or any accompanying documentation will not be removed, deleted or amended.

5. Bulletin boards, blogs and chatrooms

5.1 Any material contained in any bulletin board, blog or chatroom that may be provided on any of the Site(s) represents the opinions of the authors and does not in any way represent our opinions. We do not warrant or represent in any way the completeness or accuracy of the material posted in any such bulletin board, blog or chatroom that may be provided in the Site(s).
5.2 We do not monitor the content of the material posted in the bulletin boards, blogs or chatrooms that may be provided on the Site(s). However, in our sole discretion, and without prior notice, we may at any time review, remove, or otherwise block any posting, terminate your membership, or deny you access to use or participation in any bulletin board, blog or chatroom that may be provided by any of the Site(s) on any grounds we deem reasonable including without limitation your breach of other clauses of these Terms and Conditions.
5.3 If you consider that any material on any bulletin board, blog or chatroom that may be provided by the Site(s) constitutes misuse under these Terms or Conditions or constitutes harassment, defamation or infringes any third party rights or is otherwise unlawful please email us at feedback@dsc.org.uk giving details of your concerns and objections.

6. Limitation of Liability

6.1 The information and material published on the Site(s) is gathered from primary sources and checked by us for accuracy with them.
6.2 Although DSC endeavours to ensure that all published material is accurate, timely and updated regularly, DSC shall not be liable for any inaccuracies and/or omissions in any information or materials provided, nor any interruption or delay to the accessibility of the site.
6.3 You should note that information and materials published or otherwise provided are for general information only and are not intended to be relied upon as specific advice or recommendations in relation to any transaction you may enter or otherwise.
6.4 To the fullest extent permitted by Law, we including our Trustees, Directors, Agents, Employees or Sub-Contractors shall not be liable in respect for any loss or damage including loss of profit, loss of revenue or contracts, loss of goodwill or anticipated savings and any other indirect, special, incidental or consequential loss or damage which may arise in respect of use or attempted use of the Site(s), the system, or in respect of other equipment or property, loss of or wasted management time, loss of data, or any consequential or special loss or damage arising directly or indirectly from the use of any information or materials contained on these Site(s), or for any breach of statutory duty relating to the subject matter or performance of the Terms and Conditions.
6.5 We shall not be responsible for any sites linked to these Site(s), or any content, services, products or otherwise provided in relation to any such Linked Site.
6.6 From time to time we may modify these Terms and Conditions, the content of the Site(s), the Limitation of Liability and /or the Disclaimers, and we advise you to check the Terms and Conditions each time you use the Site(s).
6.7 The Terms and Conditions applicable to your use of the Site(s) shall be those applicable at the time and on the date that you make each separate access to the Site(s).
6.8 You hereby agree to afford us not less than 28 days in which to remedy any breach by us of any of these Terms and Conditions, subject to any other provisions of these Terms and Conditions, of which we may have received written notice from you setting out the details of the breach within one year of the date upon which you became aware of the circumstances giving rise to the breach or the date when you ought reasonably to have become aware of the breach.
6.9. The excluded losses arising out of these Terms and Conditions shall apply to the supply of goods including Publications and/or services including without limitation the supply of information, conferences, courses, training, events and/or performance or non-performance of the whole of part of the service even if such loss was reasonably foreseeable by us or if we had been advised of the possibility of you incurring such loss.
6.10 Our liability shall be limited to the extent permitted by Law.
6.11 Limitation of liability shall extend to any intellectual property rights infringement claims, for death or injury resulting from our own or that or our directors, trustees, agents, employees or sub-contractors negligence, including any fraudulent misrepresentation that may be made by any of them. .
6.12 Limit of liability shall extend to all damage suffered by you as a result of any breach by us of any conditions as to title or the warranty as to quiet possession and enjoyment implied by Section 2 of the Supply of Goods and Services Act 1982 including any amendments thereto or Section 12 of the Sale of Goods Act 1977 including any amendment thereto.
6.13 In the event that we become liable for loss or damage that we may lawfully limit or exclude, you agree that our liability to you shall be limited in the aggregate for all such loss or damage to £500 (Five hundred pounds) in any one year.
6.14 In the event that any exclusion or other provision in this License shall be held to be invalid for any reason and we becomes liable for loss or damage that could otherwise have been lawfully limited, such liability shall be limited to £10,000.
6.15 Nothing in this Clause 6 shall confer upon you any right or remedy to which you would not otherwise be entitled by Law.

7. Directory of Users

7.1 Where a Directory of Users is included in any of the Site(s), this is intended to serve as a useful tool that will allow registered users to network more effectively, by providing a way to search for other voluntary and community sector organisations with complementary aims and objectives.
7.2 Inclusion in the Directory of Users is not mandatory in order to register with any of the Site(s).
7.3 After registration to use any Site(s)you may be provided with the option to make available certain information about you and your organisation to other registered users through the Directory of Users. Such information would include your name and job title, as well as the name of your organisations and its postal address, telephone numbers, fax numbers, e-mail address, website address, description, and aims.
7.4 If you select the option to insert information about yourself into the Directory of Users, under no circumstances will other users be able to view any financial, accounting or grant application information that you may have included in your profile.

8. License.

8.1 Upon subscribing to any of the Site(s) you are issued with a username and a password.
8.2 Single user or multiple user licences are available.
8.3 There are two categories of single user:
8.3.1 A sole user. This category of user will be a named individual who can access the Site(s) from any computer with internet access, whether from any office or from their home or from their laptop and must not communicate the username or password to any other person.
8.3.2. A single computer. Organisations wishing to use only a single dedicated computer for accessing the Site(s), although enabling any number of users to access the Site(s) from that computer.
8.4 Where you will have more than one user and access to the Site(s) will be made from more than one computer, a multiple user licence is required. Such a licence will be defined by the maximum number of potential different computers that might be accessing the Site(s) at any one time.
8.5 Use of username and password.
8.5.1. For sole users as defined in 8.3.1 above the username and password must not be communicated to anyone outside your organisation.
8.5.2. For users with a single computer as defined in 8.3.2 above the user name and password will be advised to your organisation by us, on the basis that their use will be restricted to the operation of the single computer whose details will be recorded on our Site(s) subscription system.
8.5.3. For multiple users you will notify us of a person within your organisation that will be responsible for liaising with our Site(s) subscription co-ordinator. Such person will be deemed to be your Administrator for the purposes of your use of the Site(s).
8.5.4 The multiple user Administrator to:
8.5.4.1 Maintain accurate and up to date records of the names, number and location of all users of the Site(s) and to provide us with copies of such records upon request.
8.5.4.2 Supervise and control use of the Site(s) by their organisation and to ensure that the names of employees, volunteers and agents who will use the Site(s) are notified of the terms of this License prior to such employee or volunteer or agent first accessing the Site(s).
8.5.4.3 Not divulge the username(s) or password(s) assigned to their organisation to people who are not employees or volunteers or agents of their organisation.
8.5.4.4 Discuss their intentions with our Subscriptions Co-ordinator if the categories of their users of the service extend beyond the categories of employee or volunteer or agent.
8.6 The license is exclusive to the licensee(s) and is non-transferable.
8.7 The licence entitles the licensee(s) to access the Webservice and the Site(s) as many times and for the period shown on our invoice(s) to you for this service.
8.8 The Webservice and Site(s) shall be used only in connection with educational and/or charitable purposes.
8.9 The Webservice and Site(s) shall be used strictly in accordance with the provisions of this license
8.10 If within 14 days of logging onto the Site(s) you notify our Subscription Co-Ordinator in writing by post, fax or electronic means that the product is not to your requirements; we shall arrange to issue a credit note against our subscriptions invoice and refund any payment already made. Cancellations will only be permitted after this time in the most exceptional circumstances upon written application to our Subscription Co-Ordinator who shall have the discretion as to whether or not a credit note and/or refund can be made available and whose decision shall be final.
8.11 We reserve the right to cancel access to any or all of the Site(s) if the licensee does not comply with the Site(s) licence.
8.12 You as licensee shall indemnify us fully against all liabilities, costs and expenses which we may incur as a result of your use of the Site(s) otherwise than in accordance with the provisions of this license

9. License Fee

9.1 In respect of the subscription Site(s) a License Fee shall be payable by you to us in the amount as specified in an invoice which we shall issue to you.
9.2 A receipted invoice will be issued where you opt to pay the Licence Fee at the time of subscribing to a Site whether by telephone, fax, e-mail, or post or on-line from the web.
9.3 Unless prepaid in accordance with 9.2 above the licence fee shall be payable by you within the number of days or by the date specified in our invoice.
9.4 For this purpose and unless prepaid payment must have been received by us before or by the end of the period allowed for payment as specified in 9.3 above.
9.5 If you do not pay the License Fee invoice within the terms specified in 9.3 above, then the License will be deemed to have been terminated and you will be denied access to the Site(s).
9.6 The Licence Fee shall allow access to the Site(s) for one year from time when you log in details are first registered on the Site(s).
9.7 The Licence Fee may be changed by us from time to time as we think fit.
9.8 Discounts on the normal subscription levels for the www.Trustfunding.org.uk website are available to voluntary or community organisations. For the sake of clarity, the discount is not available to hospitals, libraries, schools, universities or other statutorily funded organisations.
9.9 Licencees who have particular requirements that might extend their potential registered users beyond the categories of employee or volunteer or agent as set out in Clause 8.5.4.2 above may wish to discuss their intentions by contacting our Subscriptions Co-ordinator, who will be pleased to review your requirements and at his discretion agree the appropriate revised licence and fee.
9.10 Licensees who wish to upgrade their subscription during the currency of its term, can do so by contacting our Subscriptions Co-ordinator, who will be pleased to discuss your requirements and at his discretion agree the appropriate revised licence and fee.
9.11 Licences cannot be downgraded except at the time of renewal when our Subscriptions Co-ordinator, who will be pleased to discuss your requirements and at his discretion agree the appropriate renewal licence and fee.

10. Licence Renewal

10.1 Towards the end of the licence period, or any renewal of that licence period, you will be sent an invoice by us, inviting you to renew your Licence at the price and on the terms indicated in the invoice.
10.2 The licence renewal invoice shall be payable by you within the number of days or by the date specified in our invoice.
10.3 For this purpose payment must have been received by us before or by the end of the period allowed for payment as specified in 10.2 above.
10.4 If you do not pay the License Fee invoice within the terms specified in 10.2 above, then the License will be deemed to have been terminated and you will be denied access to the Site(s).
10.5 The Renewal Licence Fee shall allow access to the Site(s) for one year from the expiry of your immediately preceding licence.
10.6 The Renewal Licence Fee may be changed by us from time to time as we think fit.

11 Copyright
11 Except where indicated in Clause 4 above all information appearing on the Site(s) and in any associated documentation issued by us shall be our copyright, and no unauthorised copying or printing of any material made available by us to you shall be permitted.

12. Your undertakings

12.1 You undertake:
12.2 Not to copy, reproduce, adapt, vary, modify, reverse compile or disassemble (other than to the extent permitted in law) any content on the Site(s).
12.3 Not to rent, lease, sub-let, sell, sub-licence, transfer or loan access to or the contents of the Site(s).
12.4 Not to communicate the contents of the Site(s) to any third party without our prior written consent.
12.5 Where your licence from us permits you to allow more than one person to access the Site(s), you must maintain accurate and up to date records of the number and location of all your users of the Site(s) and to provide us with copies of such records upon request as we may reasonably require.
12.6 To supervise and control your access and use of the Site(s) so as to ensure that your employees and/or agents who may be included in the licence issued by us will use the Site(s) in accordance with the Licence and these Terms and Conditions.
12.7 Not to divulge your username or password to any one who is not authorised within the terms of the licence issued by us to access the Site(s) and in particular to those individuals who are not your or your own trustees, directors, staff or volunteers.

13. Exclusion of Warranty

13.1 We warrant that we shall use reasonable skill and care in providing the Service.
13.2 To the extent not prohibited by law and subject to these Terms and Conditions, the Site(s) is/are as supplied and we exclude all conditions, terms, representations and warranties, whether implied by statute or by operation of law or otherwise, that are not expressly set out in the Terms and Conditions, and this exclusion shall extend with respect to merchantability or fitness for purpose of any product described or offered through the Webservice or Site(s).
13.3 We give no warranty that the functions contained in the Site(s) will meet your requirements or that the operation of the Site(s) will be uninterrupted or error free or that defects in the Site(s) will be corrected.

14. Reliance on information

Because the Webservice and Site((s) are provided by means of website and telecommunication systems (including servers, local loop network providers, and other connectivity arrangements over which we have no control) you acknowledge that:
14.1 The Service cannot be operated in all circumstances without error (including without limitation errors in any software used to provide the Service, the Information, the Sites and telecommunications links) and we shall be under no liability for the consequences arising from any such error or the reliance by you upon the Service.
14.2 Time shall not be of the essence in relation to our delivery and/or provision of the Service including without limitation provision of the Information and/or Publications.
14.3 We shall not be liable for any inconsistency, lack of availability and/or errors in the Information including without limitation errors in the data and/or delays in telecommunication services and therefore we shall not be liable for any interruptions, faults or inaccuracies in the provision of the Service and/or the Information including without limitation the data however arising or for any loss or damage arising from such interruptions, delays, faults or inaccuracies.
14.4 You should independently verify all relevant Information, figures and data provided on the Site(s) prior to your use of such Information, figures and data. We may change, update or correct any such Information, figures or data at any time without notice.
14.5 We shall not be liable for any loss of data that may be stored by you in the “Profile” area of a Site, where the Site so provides for such a facility, and into which you may have saved searches or saved trusts as a result of viewing data available from that Site, and we shall be under no liability for the consequences arising from any such loss or partial loss or reliance that you may have placed upon the information so saved, or for any failure in any automatic update notification service that may be offered by us in connection with the data saved by you in the Profile area of the site.

15. Indemnity

15.1 In the event that any infringement occurs or may occur of any United Kingdom intellectual property right affecting the Website, you will notify us forthwith upon such infringement coming to your notice and we may at our sole option and expense:
15.1.1 Procure for you the right to continue using the Website; or
15.1.2 Modify or amend the Website so that the same becomes non-infringing; or
15.1.3 Replace the Website; or
15.1.4 Repay to you the License Fee or balance thereof relating to the whole or the infringing part of the website
15.2 Except as expressly provided for in these Terms and Conditions you agree to indemnify and hold us, and any of our trustees, directors, officers, employees agents and sib-contractors harmless from any loss or damage including without limitation in respect of any claim brought by any third party arising in respect of these Terms and/or the Service and/or the Information provided to you and/or your use or misuse of the Service and/or conduct on the Sites.

16. Confidential information

16.1 All data, documentation, source or object code or other information of any kind whatsoever which we may have imparted and may from time to time impart to you relating to the Webservice or the Site(s), remains our property and shall also remain confidential.
16.2 You hereby agree that you will use the same solely in accordance with the provisions of this license and that you shall not at any time during or after expiry or termination of this License, disclose the same whether directly or indirectly, to any third party without the our prior written consent.
16.3 Information submitted by you on the relevant Site(s) in any grant application will be treated as confidential, except as may be required to be passed on to the relevant government department or grant provider as outlined in the scheme details.

17. Security

17.1 You acknowledge and accept that the Webservice and Site(s) involve transmissions over the Internet and that such transmissions are therefore subject to the Internet's inherent risks.
17.2 You acknowledge and accept that, as with any network, you may be exposed to:
17.2.1 unauthorised invasions of privacy during, or as a result of, using the Webservice and/or the Site(s)
17.2.2 system-threatening viruses and other unauthorised and invasive programs transmitted by third parties
17.2.3 unauthorised dissemination and publication to others of information and material originally sent only to selected recipients on or through the Webservice and/or the Site(s)
17.2.4 eavesdropping and electronic trespassing
17.2.5 fraud and forgery; and/or
17.2.6 the failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information.
17.3 Although, our and our suppliers' privacy and security features are designed to reduce these risks, we cannot guarantee their elimination. It is your responsibility to ensure that your systems protect against the events listed in 17.2 above and otherwise comply with good industry practice. You also acknowledge that no transmission via the Webservice and/or the Site(s) shall be deemed totally confidential and that we shall not be liable for any breach of confidence arising as a result of such event

18. Suspension of service

If your use of the Webservice or Site(s) interferes with our ability to provide the Webservice or Site(s) to you or any Webservice or Site(s) to our other users, we may suspend provision of the Webservice and/or Site(s) to you until such interference has ended. We shall then as soon as reasonably practicable resume provision of the Webservice and or the Site(s).

19. Termination

19.1 We may by notice in writing to you terminate this License if any of the following events shall occur, namely
19.1.1 If you are in breach of any term, condition or provision of this license
19.1.2 If you being a body corporate shall present a petition or have a petition presented by a creditor for your winding up, or shall convene a meeting to pass a resolution for voluntary winding up, or shall enter into any liquidation or dissolution or scheme of arrangement or present any proposal to compound with your creditors
19.1.3 If there is a change in your ownership and/or control
19.1.4 If you cease to use the Webservice or Site(s) for charitable purposes
19.2 On termination the Licensee shall cease to use the Site(s) forthwith
19.3 Termination, howsoever, or whenever occasioned, shall be subject to any rights and remedies that we may have under this License or in law.

20. Assignment

20.1 You shall not assign or otherwise transfer all or any part of this your License without our prior written consent.
20.2 You shall not assign any of your rights or obligations under these Terms and Conditions without our prior written consent.
20.3 We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions.

21. Waiver

21.1 Failure or neglect by the us to enforce at any time any of the provisions of these Terms and Conditions and/or of the Licence or any right or remedy arising thereunder shall not be construed or deemed to be a waiver of our rights thereunder nor in any way affect the validity of the whole or any part of these Terms and Conditions or of the license.
21.2 The giving of time or indulgence in respect of the observance or performance of any of these Terms and Conditions and/or of the Licence by one party to the other shall not operate as a waiver of any such obligation of either party to the other and any such unexercised or unenforced rights and remedies shall not relieve the parties from any subsequent observance or performance of any such terms, conditions and provisions.

22. Force Majeure

22.1 Neither party shall be in breach of these Terms and Conditions or of the Licence for failure to perform or delay in performing any or all of its obligations as a result of being affected by an event of Force Majeure unless the affected party has failed to comply with its obligations under this Clause. For the purposes of these Terms and Conditions and of the Licence, Force Majeure shall include without limitation act of God (including flood, fire, wind, storm, earthquake or other similar event), riot, war, act of terrorism, strike, lock-out or other industrial dispute, epidemic, failure of telecommunication systems, failure of the world wide web, failure of electricity supply from the electricity provider, central, regional or local governmental restraint or act(s) of any legislature or any cause (other than lack of funds) outside the reasonable control of the affected party.
22.2 The affected party shall immediately upon becoming aware of any event of Force Majeure as a result of which they have been affected give written notice to the other party containing details of the Force Majeure and specifying to the best of the ability of the affected party a period for which it is estimated that it will continue.
22.3 The operation of these Terms and Conditions and of the Licence other than Clause 22 Force Majeure shall be suspended during the period for which a notified event of Force Majeure shall continue to have effect except for any obligation, if relevant, to pay any sum due at the onset of the notified event of Force Majeure or payable in relation to performance before the notified event of Force Majeure.
22.4 Immediately upon the notified event of Force Majeure ceasing to have effect, the party relying on it shall notify the other in writing and the operation of these Terms and Conditions and of the Licence shall continue.
22.5 If a notified event of Force Majeure continues for more than 4 weeks, either party shall be entitled to terminate this Licence upon serving a written notice to the other.
22.6 Neither party shall have any liability to the other in respect of the suspension of these Terms and Conditions during any period for which a notified event of Force Majeure is in operation nor in the event of termination of this Licence as a result of a notified event of Force Majeure.

23. Severability

23.1 Each term, condition or provision contained in these Terms and Conditions shall be severable from any other term, condition or provision contained herein.
23.2 In the event that any of these terms, conditions or provisions shall be determined invalid, unlawful, void or unenforceable to any extent or for any reason such term, condition or provision shall be severed from the remaining Terms and Conditions and the remainder shall continue to be valid to the fullest extent permitted in law.

24. Notices

24.1 Any notice given by a party under these Terms and Conditions shall be in writing (which shall include electronic form) and shall be delivered by hand or sent by pre-paid first class post or by facsimile transmission or electronic mail to the principal business address of the other party.
24.2 The principal business address of the parties shall be that contained in the Licence issued by us to you indicting your right to use the Site(s).
24.3 Any change in the principal business address of either party shall be notified to the other in writing (which shall include electronic form) and upon delivery or deemed delivery shall continue in operation as the principal business address of the party issuing such notification until notification is issued otherwise.
24.4 Notice shall be effective when it is actually received or when it is deemed to have been received whichever is the earlier.
24.5 Notice shall be deemed to have been received:
24.5.1 on the date of delivery if delivered by hand provided it is sent before 3 p.m. UK time on any business day and in any other case at 10.00 a.m. UK time on the business day following the date of delivering by hand to the correct address.
24.5.2 at the end of the second business day after the date of posting if sent by pre-paid first-class post.
24.5.3 Two hours after successful transmission has been printed or noted by the senders automatic fax log, provided it is sent before 3 p.m. UK time on any business day and in any other case at 10.00 a.m. UK time on the business day following the date of sending if sent by facsimile transmission to the correct facsimile number of the addressee (with confirmation of receipt).
24.5.4 Two hours after successful transmission has been printed or noted by the senders automatic e-mail sent messages log, provided it is sent before 3 p.m. UK time on any business day and in any other case at 10.00 a.m. UK time on the business day following the date of sending if sent by e-mail transmission to the correct e-mail number of the addressee (with no subsequent automatic indication of non delivery).

25. Entire agreement

The License issued to you by us and these Terms and Conditions shall constitute the entire agreement between the parties relating to the use of the Webservice and the Site(s) and all previous agreements, negotiations, representations, proposals and warranties made by us whether in writing or otherwise concerning the subject matter of these Terms and Conditions and of your Licence to use the Webservice and Site(s) shall be excluded save for any fraudulent representation that may have been made by us.
26. Alterations to these terms
We reserve the right to amend these Terms and Conditions, in whole or in part, at any time and you will be notified of these changes by our posting of such Terms and Conditions on the Site(s). Your continued use of the webervice after any changes have been posted on the Site(s) will be considered acceptance of any changes
27. Third parties
No rights are conferred to any person who is not a party to these Terms and Conditions.

28. Law

The Terms and Conditions of use and access to the Webservice and Site(s) shall be interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.