Terms and Conditions
General terms of website use
Information about us
www.kweekweek.com is a site operated by KweekWeek Limited ("we" or “us”). We are registered in England and Wales under company number 7890114. Our VAT number is 133775602. Our registered address is Unit 2 Clipper Court, Waterside, 44-48 Wharf Road, London N1 7UX.
We are a limited company.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
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, 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 reference and you may draw the attention of others within your organisation to material 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 material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Transactions concluded through our site and refunds
Our site matches suppliers of goods and services (“hosts”) with consumers like you who, based on individual tastes and preferences, may wish to purchase such goods and services. Although purchases may be transacted though our site, we do not provide goods and services. It is the host who is the seller of any goods or services purchased through this site.
This means that it is the host, and not us, who is the party who enters into a contract with you for the provision of any goods and services purchased, even though you may pay for the purchase through our site.
Similarly, it is the host, and not us, who is solely responsible for providing you with the goods and services that you may purchase through our site.
Please contact the host if you have any questions relating to their terms and conditions of sale. As we are a self-service web based platform, the host has control over their own refund policies.
It is the responsibility of the host to communicate its refund policy to you and to arrange for the issue of refunds to you. We may issue you with refunds through our site if an event is cancelled and upon the instruction of the host, provided that we hold the host’s money. Please note that we may not able to refund booking and payment processing fees.
Any requests for a refund should therefore be directed to the host. All communications or disputes regarding refunds must be between you and the host and we will not be responsible or liable in any way for your right to refunds, errors in refunds issued by the host, or lack of refunds provided by the host in connection with purchases made through our site.
Terms and conditions set forth by the host may prohibit us from issuing exchanges or refunds after a purchase has been made or in circumstances where tickets cannot be located. When you receive your tickets or QR code in electronic format, please keep them safe.
Tickets for events or activities purchased through our site shall be subject to a non-refundable per ticket booking and processing charge. These booking and processing charges are levied by third party service providers and as such neither we nor the hosts have any control over them and neither we nor the hosts will be able to refund them for any reason.
Whilst we have policies in place to ensure that all the hosts with whom we work are reputable and honest, we have undertaken no investigation and make no endorsement, express or implied, as to: (i) the accuracy or validity of any information or claim supplied by any host whose goods or services can be purchased though this site; (ii) the quality or fitness for purpose of any of the goods or services that can be purchased though this site; and (iii) any errors, omissions or misrepresentations made by a host whose goods or services can be purchased through this site.
All tickets purchased through our site are non-transferrable and not for re-sale.
Any disputes by customers on tickets purchased on the site or apps are not the responsibility of KweekWeek Ltd. Any loss will need to be covered entirely by the host of the event in question while KweekWeek will do its utmost to help the host recover the amounts disputed.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use provisions set forth herein. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use provisions set forth herein.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.
Linking to our site
You may link to pages on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website or webpage that is not owned or controlled by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use provisions set forth herein.
If you wish to make any use of material on our site other than that set out herein, please address your request to firstname.lastname@example.org.
Links from our site
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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material that does not comply with the content standards referred to herein.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use herein.
Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms
- Bulletin boards
- Via our internal messaging system
- Via our ‘Followers’ system
- Via our ‘Share’ system
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material that you contribute to our site (“contributions”), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material that is defamatory of any person.
- Contain any material that is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of the acceptable use provisions set forth herein through your use of our site. When a breach of these standards has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these acceptable use provisions. The responses described herein are not limited, and we may take any other action we reasonably deem appropriate.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
KweekWeek and the KweekWeek logo are the registered trade marks of KweekWeek Limited.
If you have any concerns about material that appears on our site, please contact email@example.com.
Thank you for visiting our site.
KweekWeek Special Terms & Conditions of Service for Hosts
The Host's attention is particularly drawn to the provisions of clause
1.1 Definitions. In these Conditions, the following definitions apply:
- Charges: the charges payable by the Host for the supply of the Services in accordance with clause 5.
- Commencement Date: has the meaning set out in clause 2.2.
- Conditions: these terms and conditions as amended from time to time in accordance with clause 12.8.
- Host: the person, company or other legal entity who purchases or utilises Services from KweekWeek.
- Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- KweekWeek Materials: shall have the meaning set forth in clause 4.1(f).
- Services: the services, including any Software, offered to the Host by KweekWeek and/or available to the Host on or through the Web Site, and excluding any services offered by the Host to users of the Web Site.
- Software: any and all software that is available on or through the Web Site or otherwise provided by KweekWeek, including without limitation KweekWeek’s mobile applications.
- Web Site: the web site www.kweekweek.com owned and operated by KweekWeek including all webpages, subdomains and subparts therein contained.
- Web Site Content: data, software, text, design elements, graphics, images and other content contained in or delivered via the Web Site or otherwise made available by KweekWeek in connection with the Services.
1.2 Construction. In these Conditions, the following rules apply:
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a party includes its personal representatives, successors or permitted assigns;
- a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- a reference to writing or written includes faxes and e-mails.
2. Basis of contract
2.2 The date that these Conditions shall be deemed to be accepted and the date the Contract shall come into existence shall be the earlier of the date of your first access of the Web Site or your first use of the Services ("Commencement Date").
2.3 The Contract constitutes the entire agreement between the parties. The Host acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of KweekWeek which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by KweekWeek, and any descriptions or illustrations contained in KweekWeek's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Host seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. Supply of Services
3.1 KweekWeek shall supply the Services to the Host in accordance with these Conditions.
3.2 KweekWeek shall use all reasonable endeavours to meet any performance dates specified by the Host, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 KweekWeek shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and KweekWeek shall not be required to notify the Host in any such event.
3.4 KweekWeek warrants to the Host that the Services will be provided using reasonable care and skill.
4. Host's obligations and responsibilities
4.1 The Host shall:
- co-operate with KweekWeek in all matters relating to the Services;
- comply fully with all relevant legislation, including but not limited to, consumer protection legislation such as The Consumer Protection (Distance Selling) Regulations 2000, as amended.
- provide KweekWeek with such information and materials as KweekWeek may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
- ensure that all information published by you to users of the Web Site is clear, true and accurate in all material respects and is not misleading in any way;
- obtain and maintain all necessary licences, permissions and consents which may be required by you to promote and stage your event or activity;
- keep and maintain all materials, equipment, documents and other property of KweekWeek (“KweekWeek Materials”) within the Host's control in safe custody at its own risk, maintain KweekWeek Materials in good condition until returned to KweekWeek, and not dispose of or use KweekWeek Materials other than in accordance with KweekWeek's written instructions or authorisation;
- take full responsibility for supplying a usable location/space to stage each event or activity promoted through the Web Site, including, without limitation, responsibility for health and safety matters;
- guarantee to KweekWeek that there are no legal restrictions preventing the Host from staging the event or activity promoted through the Web Site; and
- take full responsibility for any security related matters and personnel in respect of events or activities promoted through the Web Site.
4.2 The Host shall not:
- modify, reproduce or otherwise create derivatives of any part of the Services or Web Site Content without the consent of KweekWeek;
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services or the Web Site;
- rent, lease, resell, distribute or use the Services or the Web Site for commercial purposes (except for the limited commercial purpose of promoting events through the Web Site in accordance with these Conditions);
- remove or alter any proprietary notices or labels on or in the Services or Web Site Content; or
- engage in any activity that interferes with or disrupts the Services or the Web Site.
4.3 If KweekWeek's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Host or failure by the Host to perform any relevant obligation ("Host Default"):
- KweekWeek shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Host remedies the Host Default, and to rely on the Host Default to relieve it from the performance of any of its obligations to the extent the Host Default prevents or delays KweekWeek's performance of any of its obligations;
- KweekWeek shall not be liable for any costs or losses sustained or incurred by the Host arising directly or indirectly from KweekWeek's failure or delay to perform any of its obligations as set out in this clause 4.2; and
- the Host shall reimburse KweekWeek on written demand for any costs or losses sustained or incurred by KweekWeek arising directly or indirectly from the Host Default.
5. Charges and payment
5.1 The Charges for the Services are 5% excluding VAT of the total revenue from the sales.
5.2 KweekWeek reserves the right to increase its rates without notifying the Host. Any rate increases will be binding on the Host from the date first published on the Web Site.
5.3 KweekWeek shall maintain an on-line account to enable the Host to review the financial details of transactions completed through the Web Site, including any commissions, booking fees or other applicable amounts retained by KweekWeek in accordance with these Conditions.
5.4 All amounts payable by the Host under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by KweekWeek to the Host, the Host shall, on receipt of a valid VAT invoice from KweekWeek, pay to KweekWeek such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
5.5 Without limiting any other right or remedy of KweekWeek, if the Host fails to make any payment due to KweekWeek under the Contract by the due date for payment ("Due Date"), KweekWeek shall have the right to suspend or terminate the Services and to charge interest on the overdue amount at the rate of 8 per cent per annum above the then current Bank of England base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
5.6 The Host shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Host shall not be entitled to assert any credit, set-off or counterclaim against KweekWeek in order to justify withholding payment of any such amount in whole or in part. KweekWeek may, without limiting its other rights or remedies, set off any amount owing to it by the Host against any amount payable by KweekWeek to the Host.
5.7 KweekWeek reserves itself the right to keep up to 30% of the total ticket sales revenue for a period of up to 6 months after the end of the event.
5.8 KweekWeek employs robust fraud prevention measures. Notwithstanding any other provision in the contractual relationship between us and any Host or any other user of the Web Site, in the event that KweekWeek has reasonable grounds to suspect that the Web Site or Services are being used for any fraudulent purpose, KweekWeek shall be permitted to:
- cancel any event that appears to be connected in any way to fraudulent activity and make refunds to purchasers of tickets for any affected event (in which case no sums will be due to the Host);
- cancel any tickets that appear to be connected in any way to fraudulent activity and make refunds for affected tickets (in which case no sums will be due to the Host in relation to such tickets); and/or
- withhold any sums due to any Host until such time as the relevant payment provider has irrevocably approved all sums due in relation to any affected event or ticket. In the event that KweekWeek withholds any sums due to any Host due to exercising fraud prevention measures, KweekWeek will endeavour to communicate with the affected Host and promptly resolve the issue.
6. Intellectual property rights
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services and in the Web Site Content shall be owned by KweekWeek.
6.2 You acknowledge and agree that if you contribute, provide or make available any content to the Web Site ("Your Content"), you hereby grant to KweekWeek a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content:
- does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and
- complies with all applicable laws and regulations (foreign and domestic).
6.3 KweekWeek shall have the right (but not the obligation) in their sole discretion to monitor, alter, edit, or remove any of Your Content, in whole or in part without notice to you.
6.4 In the event that you are permitted to download or use any Software in connection with the Services, KweekWeek hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with these Conditions.
6.5 All Supplier Materials are the exclusive property of KweekWeek.
A party ("Receiving Party") shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party ("Disclosing Party"), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 7 shall survive termination of the Contract.
8. Limitation of liability: THE HOST'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Conditions shall limit or exclude KweekWeek's liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2 Subject to clause 8.1:
- KweekWeek shall under no circumstances whatever be liable to the Host, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- KweekWeek's total liability to the Host 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 total amount of the Charges actually received by KweekWeek from the Host.
8.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.4 This clause 8 shall survive termination of the Contract.
9.1 The Host acknowledges that the Host and not KweekWeek is liable for all matters arising out of or in connection with the events and activities promoted by the Host on the Web Site, including liability to users of the Web Site for events and activities promoted by the Host.
9.2 The Host shall indemnify and hold KweekWeek harmless against any liabilities incurred by KweekWeek or alleged against KweekWeek as a result of:
- any contract of any kind concluded between the Host and a user of the Web Site; and
- any event or activity promoted by the Host on the Web Site in accordance with this clause 9.
9.3 The Host shall, at its own expense, defend (or, at its option, settle) any action brought against KweekWeek by any third party which falls within the indemnity given in clause 9.2. The Host agrees to be responsible for, and to indemnify KweekWeek against, all losses, costs (including reasonable legal costs), damages, liabilities, claims and expenses suffered or incurred by KweekWeek in connection with any such claim. The Host’s obligations under this clause 9.3 shall be conditional on KweekWeek:
- immediately giving written notice to the Host of such claim;
- giving the Host express authority to proceed as contemplated by this clause 9.3; and
- providing the Host with all such information and assistance as it may reasonably require.
10.1 Without limiting your other rights or remedies, you may terminate the Contract with immediate effect by giving written notice to KweekWeek, provided that all sums owed by you to KweekWeek are fully paid as of the date of termination.
10.2 KweekWeek may, in its sole discretion, terminate the Contract and/or remove your password, accounts (or any part thereof) and/or your right to use the Web Site or the Services and remove and discard any and all of Your Content, at any time and in its sole discretion without liability to you or any third party save as in accordance with these Conditions.
11. Consequences of termination
On termination of the Contract for any reason:
- the Host shall immediately pay to KweekWeek all outstanding sums due including unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, KweekWeek shall submit an invoice, which shall be payable by the Host immediately on receipt;
- the Host shall return all of KweekWeek Materials which have not been fully paid for. If the Host fails to do so, then KweekWeek may enter the Host's premises and take possession of them. Until they have been returned, the Host shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
- clauses which expressly or by implication have effect after termination shall continue in full force and effect.
12.1 Force majeure:
- For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of KweekWeek including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of KweekWeek or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- KweekWeek shall not be liable to the Host as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
- If the Force Majeure Event prevents KweekWeek from providing any of the Services for more than 4 weeks, KweekWeek shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Host.
12.2 Assignment and subcontracting:
- KweekWeek may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
- The Host shall not, without the prior written consent of KweekWeek, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
12.3 Notices: Notices to you may be made via either email or regular mail to the address in KweekWeek’s records. Any notice from you to KweekWeek shall be sent in writing to our address at firstname.lastname@example.org.
- A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
- If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
- If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.6 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
12.7 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
12.8 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall be binding when published on the Web Site. It shall be the Host’s responsibility to check the Web Site for updates and amendments to these Conditions. KweekWeek shall have the discretion, but not the obligation to notify you of updates or amendments to these Conditions in accordance with clause 12.3.
12.9 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
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