BioSelf Technology Ltd Terms of Sale
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 4. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 December 2020.
INFORMATION ABOUT US
1.1 We operate the websites www.bioself.technology and www.getsensate.com. We are BioSelf Technology Ltd, a company registered in England (Company Number 09818825), registered office of Winchester House, Deane Gate Avenue, Taunton, England, TA1 2UH.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 For the steps you need to take to place an order on our site, please see our website at www.getsensate.com.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.3 Your order is an offer to buy. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.4.
2.4 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. The Dispatch Confirmation will include a carrier tracking id which will allow you to track your delivery.
2.5 In the case of Pre-Ordered Products, we will confirm our acceptance to you by sending you an email confirming that they will be dispatched when in stock (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Our estimated delivery date will be as shown on our site at the time of your order (Estimated Delivery Date) and included in your Dispatch Confirmation.
2.6 If we are unable to supply you with a Product for any reason, for example because that Product is no longer available or because of an error in the price on our site as referred to in clause 8, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products or have paid any deposit, we will refund you the full amount you have paid as soon as possible.
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the form factor and colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The form factor of your order may vary due to engineering, technical or aesthetic factors.
3.2 The packaging and accessories of the Products may vary from that shown in images on our site.
3.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order until the Product becomes available, except in the case of Products shown on our site as under development/production and not yet in stock but available for pre-order (Pre-Ordered Products).
3.4 The images of Pre-Ordered Products on our site are for illustrative purposes only and their design and colour may vary during the course of development. We take all reasonable care to give you notice of any variations by updating the images on our site regularly.
3.5 We reserve the right to make minor changes to the products to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
3.6 The Products utilise an application to play music simultaneously (‘the App’). Use of the App by you shall be subject to the standard EULA with the platform from which the App was downloaded. You will not acquire any intellectual property or other proprietary rights relating to the Products or App. The devices and operating systems supported by our App are detailed in the FAQs on our website.
OUR RIGHT TO VARY THESE TERMS
4.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
4.2 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
4.3 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
4.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received in accordance with our Returns Policy.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 If you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described.
5.3 If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.
5.4 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.1 This clause applies only to Products which are not Pre-Ordered Products. Your order will be fulfilled within 2 business days of the order date, at which time you will receive a tracking id and estimated delivery date via our carrier.
Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 13 for our responsibilities if this happens. In any other case, if we miss the Estimated Delivery Date for your Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery by the Estimated Delivery Date was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery by the Estimated Delivery Date was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 6.1, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you do choose to cancel your order under this clause 6.1, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us, in accordance with our returns policy. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
6.2 This clause applies only to Pre-Ordered Products. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 13 for our responsibilities if this happens. In any other case, if we are unable to fulfil your order within fourteen (14) days of the order date, we will inform you of this by email with a revised estimated delivery date (Revised Estimated Delivery Date). We will continue to process your order with the Revised Estimated Delivery Date unless you notify us that you do not wish to proceed with your order, by contacting us at [email protected] If you do notify us that you do not wish to proceed, and you have already paid for the Products or have paid any deposit, we will refund you the full amount you have paid as soon as possible. If we miss an Estimated Delivery Date or a Revised Estimated Delivery Date then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery by the Revised Estimated Delivery Date was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery by the Estimated Delivery Date was essential, or you told us when we informed you of a Revised Delivery Date that the Revised Delivery date was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 6.2, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you do choose to cancel your order under this clause 6.2, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us in line with our Returns Policy. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
6.3 Delivery will be completed when the Products have been collected by you or a carrier organised by you to collect from us.
6.4 The Products will be your responsibility and at your risk from the moment when delivery is completed.
6.5 You own the Products once we have received payment in full, including all applicable delivery charges, and delivered the Products to you.
6.6 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we or our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.7 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 14.4 will apply.
7.1 If you order Products from our site for delivery to a destination outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Products you ordered, please see clause 8.4 for what happens in this event.
8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of a Product does not include delivery charges or applicable taxes. Our delivery charges are advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery & Returns page.
8.4 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
HOW TO PAY
9.1 You can only pay for Products using a debit card or credit card, or PayPal account. We accept the cards listed on our website.
9.2 Payment for the Products and all applicable delivery charges is in advance.
OUR WARRANTY FOR THE PRODUCTS
10.1 We provide a limited warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects and conform in all material respects with their Product Description as described in the Sensate website. However, this warranty does not apply in the circumstances described in clause 10.2.
10.2 The warranty in clause 10.2 does not apply to any defect in the Products arising from:
(a) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(b) if you fail to operate or use the Products in accordance with the user instructions; or
(c) any alteration or repair by you or by a third party who is not authorised by us.
10.3 IF YOU ARE IN THE UNITED STATES, THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, THOUGH YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THIS WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO IF YOU LIVE IN THE UNITED STATES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR OR REPLACEMENT.
10.4 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described.
The Product and App are for informational purposes only and is not intended to replace the relationship between you and a health-care provider.
OUR LIABILITY IF YOU ARE A BUSINESS
11.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) or any other liability that cannot be limited or excluded by law.
11.2 SUBJECT TO CLAUSE 11.1, WE WILL UNDER NO CIRCUMSTANCES WHATEVER BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:
A) ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
B) LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;
C) LOSS OF BUSINESS OPPORTUNITY;
D) LOSS OF ANTICIPATED SAVINGS;
E) LOSS OF GOODWILL; OR
F) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
11.3 SUBJECT TO CLAUSE 11.1 AND CLAUSE 11.2, OUR TOTAL LIABILITY TO YOU IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THE CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE OF THE PRODUCTS AND ANY DELIVERY CHARGES PAID BY YOU.
11.4 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE PRODUCTS. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.
We only supply the Products for internal use by your business. You agree not to use the Products for any resale purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987;
(f) or any other liability which cannot be excluded or limited by law.
12.4 IF YOU ARE A RESIDENT OF THE UNITED STATES, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED IN CLAUSE 10 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR:ANY LOSS OF PRODUCTION, WORK, DATA, OR USE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, ORANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
12.5 IF YOU ARE A RESIDENT IN THE UNITED STATES, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 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, disease, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract 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 delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
TERMINATION OR CANCELLATION
14.1 This Section 14 will apply to you if you are a consumer.
14.2 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 14.3.
(c) If you have just changed your mind about the product, see Clause 14.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 14.6.
14.3 If you are ending a contract for a reason set out at (a) – (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or
(e) you have a legal right to end the contract because of something we have done wrong, including late delivery.
14.4 If you are a resident in the United Kingdom, for most products bought online 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.
14.5 You have the right to change your mind. We have confidence in our products and have chosen to extend our Returns Policy to 40 days. You can return your device within 40 days of receipt from the shipping carrier for a refund if you don’t want to keep it and it has not been damaged. If your Sensate is faulty, we will replace or refund your purchase for up to 12 months as per Clause 10.1.
14.6 You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
14.7 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by following the Returns Policy.
14.8 We will pay the costs of return;
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
14.9 In all other circumstances, you must pay the costs of return.
14.10 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
14.11 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
14.12 If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
14.13 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us;
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
14.14 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.2 Contacting us if you are a consumer:
(a) To cancel a purchase in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. The easiest way to do this is to submit your request to [email protected] If you use this method we will email you to confirm we have received your cancellation. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send the email to us.
(b) If you wish to contact us for any reason other than to terminate this agreement, including because you have any complaints, you can contact us by emailing us at i[email protected].
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.3 If you are a business, any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail. Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.4 Any mailed correspondence should be sent to the registered address listed in clause 1.1.
OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 10 to the recipient of the gift without needing to ask our consent.
16.3 This contract is between you and us. Except as otherwise allowed in this agreement, No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 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.
16.6 The parties shall attempt in good faith to resolve any dispute, controversy or claim arising out of or relating to this Agreement on an informal basis between themselves. In the event that such dispute cannot be resolved on an informal basis within 60 days after one party notifies the other of a dispute, either party may submit the dispute for resolution to a mutually agreed upon mediation service. The parties shall cooperate with one another in selecting a mediation service, and will use commercially reasonable efforts in participating in the mediation. All fees and costs associated with the mediation will be shared equally between the parties. If the parties cannot resolve the dispute in accordance with this clause, only then may then submit the dispute to litigation in accordance with clause 16.7 (provided this does not prejudice any party).
16.7 This Contract is governed by English law and each party irrevocably agrees to submit to all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts. If you are a consumer and you live in Scotland or Northern Ireland, you can bring legal proceedings either in your country of residence or in England. If you are a consumer and you live in the United States, you can bring legal proceedings in either the State of New York or in England. The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.
16.8 IN THE EVENT LITIGATION PROCEEDS IN THE UNITED STATES, THEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM IT MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT.
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