Terms and Conditions

These terms and conditions (together with the documents referred to) set out the terms on which we supply any of the products (“Products”), or provide any of the services (“Services”), listed on our website www.type2testing.com (“Website”) to you (whether as a guest or registered user).

Please read these terms and conditions (“Terms”) carefully before ordering any Products or using the Services on our Website as by ordering any of our Products or using any of our Services, you agree to be bound by these Terms.

These Terms also apply to your use of our Website and all branded pages on third party platforms (such as Facebook or YouTube) (insofar as they are applicable) and set out the terms on which you may access / make use of our Website. Use of our Website includes accessing, browsing or registering to use our Website or any of the Services within it.

By continuing to use this Website, you agree to the terms. If you do not agree with these Terms you are NOT permitted to use our Website and will not be able to order any Products from, or use any Services on, our Website.

1. Information About Us

1.1 This Website is operated by DDM HEALTH LTD (“We”, “Us”, “Our”). We are registered in England and Wales under company number 07975193 and our registered office is at Technology House, Sir William Lyons Road, University of Warwick Science Park, Coventry, CV4 7EZ.

1.2 Our VAT number is GB134123652.

2. Disclaimer and Liability

2.1 WARNING: OUR WEBSITE IS INTENDED TO PROVIDE GENERAL INFORMATION IN RELATION TO DIABETES (AND RELATED CONDITIONS) AND ASSIST USERS IN BETTER UNDERSTANDING AND MANAGING THEIR CONDITIONS. IT IS NOT AIMED AT PROVIDING SPECIFIC ADVICE TO ANY INDIVIDUAL AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS REGARDING YOUR HEALTH OR WELLBEING. You must therefore check any advice or information provided on our Website with your own GP (or other appropriate healthcare professional) before taking or refraining from any course of action or treatment or if you are unsure how this information, the Services or the Products available on our Website may affect your health. Failure to do so could damage your health.

2.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

2.3 Although we will make reasonable efforts to ensure that information contained on our Website is as accurate and up to date as possible we do not make any representations, warranties or guarantees, whether express or implied, that information on our Website or accessible from it is accurate, complete or up to date and on this basis, we accept no liability for any loss or damage caused by inaccurate information. If you discover any inaccurate information on our Website please let us know.

2.4 You acknowledge that the Products available on our Website are manufactured by third parties and the information on each Product has been supplied by such third parties and reproduced on our Website. As a result we have no control over, or responsibility or liability in relation to, the information given to us by such third parties. Wherever possible we will endeavour to pass on the benefit of any protection we receive from third party suppliers to you, but you acknowledge and accept that we are not the manufacturers of the Products and as such (notwithstanding clause 2.5 below) we disclaim all liability in relation to the Products.

2.5 Our liability in connection with any Product (or Products) purchased through our Website is strictly limited to the purchase price of that Product (or Products). Nothing in these Terms seeks to limit any rights which you may have against the manufacturer of such Products.

2.6 We do not warrant or make any commitment that our Website, or any content on it, will always be available, uninterrupted or error free. We will not be liable to you if, for any reason, our Website (or the Services) is unavailable at any time or for any period. In addition, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

2.7 We have no control over and assume no responsibility for the content of websites linked to from our Website; these links are provided for your information only. Such links should not be interpreted as endorsement by us of those linked websites and we will not be liable for any loss or damage that may arise from your use of them.

2.8 We accept no liability for any loss of data or for any indirect or consequential loss or damage of any kind however arising, which may be suffered by you in connection with our Website.

2.9 Our total liability whether in contract, tort (including negligence) or otherwise in connection with your use of our Website shall not (subject to clause 2.2 above) exceed £100.

A. CONDITIONS OF USE

3. Accessing Our Website

3.1 Our Website is made available free of charge for domestic and private use only. You agree not to use our Website for any commercial or business purposes.

3.2 Although the contents of our Website are aimed at all users, you must be over 18 years old to purchase the Products, using the payment method displayed on our Website, or to use our Services.

3.3 If you choose to access our Website from outside the United Kingdom, you are responsible for your compliance with locals laws for that country if and to the extent that local laws are applicable.

4. Registration

4.1 If you wish to purchase Products from our Website, or use our Services, you may first have to register on our Website. We ask you to ensure that all information you provide to us on registration is true and accurate, current and complete. If there are any changes to the details supplied to us it is your responsibility to inform us straight away. Changes to your registration details should be made through your account page.

4.2 We reserve the right to refuse to accept any application to register on our Website for any reason.

5. Your Account and Password

5.1 If you choose, or if you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.2 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, for any reason.

5.3If you know or suspect that anyone other than you knows your username or password you should promptly notify us at contact@type2testing.com.

5.4 Should you forget your password for your account, please select the "I forgot my password" option on our Website. You will be asked to submit your user name and e-mail address and a new password will be generated for you to use.

5.5 If you are a resident of the European Union: you have the right to delete your account with us by contacting us via email at contact@type2testing.com. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.

6. Intellectual Property Rights

6.1 Our Website contains certain materials, trade names and other proprietary information, including, but not limited to, text, logos, software, audio, video, multimedia content, photos and graphics. We are the owner or the licensee of all such intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

6.2 We ask that you do not modify, publish, transmit, “link-to”, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part (whether or not for financial gain) except as provided in these Terms.

6.3 You may only print off one copy and may download extracts, of any page(s) or information from our Website for your personal use. 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.

6.4 Our status (and that of any contributors as appropriate) as the authors of content on our Website must always be acknowledged with “Copyright © DDM Health Ltd / www.type2testing.com [or other contributors as appropriate]” and you acknowledge you do not acquire any ownership rights by downloading any material from our Website.

7. Acceptable Use

7.1 You may only use our Website for lawful purposes. You may NOT use our Website 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 and/or harassing or attempting to harm and/or harass anyone in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out at clause 9 below; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic 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.

7.2 You also agree not to: reproduce, duplicate, copy or re-sell any part of our Website in contravention of these Terms; access without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website or any equipment or network or software owned or used by any third party.

B. USE OF SERVICES

8. Our Services

8.1 Our Services include but are not limited to the provision of information and advice in relation to diabetes, our Diabetes Shop, myLifestyle services, the Diabetes Forums, newsletters, surveys, bulletin boards, recruitment for clinical trials, the DiabetesPA, Type 2 Testing Program, Low Carb Program, Type 2 Wellness Program, promotions and competitions, or any other services offered by us on our Website or otherwise from time to time.

8.2 Where our Services have interactive features (for example the Diabetes Forums) we will provide clear information to you about the kind of service offered. Such interactive features are moderated by us; if you would like to contact the moderator please email us at contact@type2testing.com.

8.3 The Diabetes Forums are powered by xenforo which is a bulletin board released under the "General Public License" ("GPL") and can be downloaded from www.xenforo.com. The xenforo software only facilitates internet based discussions, the xenforo group are not responsible for what we allow and/or disallow as permissible content and/or conduct.

9. Content Standards

9.1 Whenever you make use of a feature of our Services that allows you to input or upload content to our Website, or to make contact with other users of our Website (collectively “Contributions”), you warrant that any and all Contributions are accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. When requested on our Website, you must also disclose all relevant facts and (where necessary) your complete medical history as this could affect the information you are given.

9.2 Contributions must not: contain any material which is defamatory of any person; contain any material which 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 (or other intellectual property rights) 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, abusive or an invasion of 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; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

9.3 Any content you input or upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

9.4 Before you provide information about any person other than yourself, you must ensure that they understand how their information will be used (see our Privacy Policy for details) and that you have their authority to provide it to us and to give the relevant consents on their behalf. By providing their information to us you are confirming this to be the case.

9.5 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

9.6 You warrant that all Contributions will comply with clauses 7, 8 and 9 of these Terms, and you will be liable to us and indemnify us for any breach of that warranty. In addition, if you fail to comply with our acceptable use and content standards, as set out in clause 7 and this clause 9, we may: withdraw your right to use our Website; remove any posting or material uploaded by you to our Website; issue a warning to you; issue legal action against you; disclose such information to law enforcement authorities as we reasonably feel is necessary; and/or any other action we reasonably deem appropriate.

9.7 PLEASE NOTE: The views, opinions and/or advice expressed by other users on our Website do not necessarily represent our views, opinions and/or advice and we do not accept any liability for any loss or damage arising from any Contribution made on our Website or the use of any interactive service by any user (whether via the Diabetes Forum or otherwise).

10. Competitions

10.1 To participate in any competitions available on our Website we ask that you follow the process outlined on the relevant webpages.

10.2 For competitions which we organise please note:

• On entering into a competition on our Website you agree that, if you can, we can publish your first name on certain third party platforms in association with the competition. Please notify as at the time of entering the competition if you do not want us to use your name in this way;
• We will randomly select a winner (or winners) and will notify you by email and/or on the Diabetes Forum if you have won. We will also contact you by email to obtain your address in order to send your prize;
• All decisions made by us in relation to competitions are final, and no further correspondence will be entered into; and
• Closing dates for competitions may be extended at our sole discretion

10.3 For competitions which third party sponsors organise please note:

• We have no control and do not accept any liability or responsibility in relation to the decision making process in determining winners;
• We accept no responsibility for any failure by a third party sponsor to send your prize; and
• Third party sponsors may have additional terms and conditions which apply to your participation in their competitions. Please read such terms and conditions carefully. In the event there is a conflict between a third party sponsor’s terms and conditions and these Terms, these Terms shall prevail.

10.4 For all competitions, please note:

• No prize (whether in whole or in part) is exchangeable for cash or any other prize; and
• Prizes are subject to availability

10.5 For more information on our competitions please email us at contact@type2testing.com.

C. OUR PRODUCTS

11. Offers

11.1 We may, from time to time, place offers (“Offer(s)”) on our Website, which you may choose to take advantage of. In order to receive such Offers you must ensure that you select the relevant offer when you place your order request, at which time we will provide you with specific information on the Offer selected.

11.2 Please note that our Offers may expire, after which time they may not be available. We will endeavour to update our Website where Offers expire; otherwise you will be notified that the Offer is no longer available on proceeding through the checkout process.

11.3 All Offers are subject to availability.

11.4 We reserve the right to withdraw Offers at any time, without notice to you, and for any reason.

12. Products

12.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours and descriptions accurately, we cannot guarantee that your computer's display of the colours and/or descriptions accurately reflect the colour and/or descriptions of the Products. The Products (and their packaging) we send you may vary slightly from those images on our Website.

12.2 All Products shown on our Website are subject to availability.

12.3 On receiving your Order, and before using any Product, you should carefully read any information which accompanies the Product (including but not limited to the patient information leaflet and/or manufacturer’s guidelines) and you acknowledge and agree that you will only use the Product in accordance with such information.

13. How the Contract is Formed Between You and Us

13.1 When ordering a Product you will automatically be taken through the purchase procedure. Details of our prices for the Products and the procedures for payment and delivery are displayed on our Website.

13.2 Our order process allows you to check and amend any errors before submitting your order request to us. Please take the time to read and check your order at each page of the order process.

13.3 After you place an order request, you will receive an e-mail from us acknowledging that we have received your order request. However, please note that this does not mean that your order request has been accepted. Your order request constitutes an offer from you to us to buy a Product from us. All requests are subject to acceptance by us, which will take place as described in clause 13.4.

13.4 We will confirm our acceptance of your order request by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The contract between us (“Order”) will only be formed when we send you the Dispatch Confirmation.

13.5 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available, or because of an error in the price on our Website, we will inform you of this by e-mail. We may provide to you a substitute of an equivalent quality and price or we may not process your order request further in which case, if you have already paid for the Products we will refund you the full amount as soon as possible.

13.6 We reserve the right to decline any order request where we reasonably believe: that an excess quantity has been ordered; that there is a possibility of misuse; or for any other commercial or clinical reason as determined in our sole discretion, and will notify you as such via email within 36 hours of your order request.

14. Delivery

14.1 All delivery charges will be notified to you, prior to you submitting your order request, at the checkout stage of your order process.

14.2 The estimated delivery date for your Order will be set out in the Dispatch Confirmation. If we are unable to meet the estimated delivery date for your Order we will endeavour to contact you with a revised estimated delivery date.

14.3 On average deliveries within the United Kingdom take between 3 – 5 working days from the date of dispatch to reach their destination, provided the Product is in stock. Deliveries to international destinations are likely to take longer. To see the status of your Order please login into your account “Order History”.

14.4 In the event that your Order is not received by the estimated delivery date please wait for 21 days from the date of Dispatch Confirmation before notifying us via your account “Order History”. Following such notification we will contact you directly and endeavour to resolve the issue.

14.5 Delivery will be completed when the Products are delivered to the address you provided. We will not be held responsible for lost deliveries which result from an incorrect delivery address, as entered by you, on submitting your order request. Delivery addresses cannot be changed once the Order has been dispatched.

14.6 In order to change any of your personal details, including but not limited to, your name, address, contact telephone number or email, you must either login to the Website using your original login details or contact us on 02476 712201. There may be an administrative charge, which you will be notified of prior to changing your details.

15. International Delivery

15.1 If you order Products for delivery to an address outside of the United Kingdom 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.

15.2 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 request.

15.3 You must comply with all applicable laws and regulations of the country for which the Products are destined.

15.4 We accept no responsibility if your Order is stopped by international customs. If items are dispatched to an international destination but do not arrive we will be unable to offer a refund or resend the Products.

16. Price of Products

16.1 The prices of the Products will, except in the case of obvious error, be as quoted on our Website from time to time.

16.2 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we may (in our sole discretion) charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order request and notify you of such rejection.

16.3 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

16.4 Products will all be charged at UK prices and subject to the exchange rate on the day of purchase or processing (as determined by your acquiring bank) if bought from outside the United Kingdom.

16.5 Subject always to paragraph 16.6 below, the price of a Product includes VAT (where applicable) at the current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order request and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

16.6 Where you are eligible for VAT exemption please complete and submit the eligibility declaration (“Form”) when instructed to do so during the order process. Following submission of the Form VAT will automatically be deducted from the amount due. In completing the Form you warrant and represent that you are eligible for such exemption and complete the Form in good faith.

17. How to Pay

17.1 You can pay for Products using a debit card or credit card, or through a PayPal account. We accept the following cards: Visa, Visa Debit, Visa Electron, MasterCard, American Express or Maestro.

17.2 You undertake that all details you provide to us for the purpose of purchasing Products or Services which may be offered by us on our Website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay, non-delivery or charges imposed by your card issuer.

17.3 Payment for the Products and all applicable delivery charges is required in advance. We will not charge your debit card, credit card or PayPal account until we dispatch your order.

18. Risk And Title

18.1 The Products will be at your risk from the time of dispatch.

18.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.

19. Cancellation

19.1 You may cancel an order request at any time prior to the Product being dispatched; we will confirm your cancellation in writing to you and refund any monies already paid. In the event that you cancel an order request you may be liable to pay us an administrative fee to cover reasonable overheads that have been incurred by us. If we cancel an order request for any reason there will be no administrative fee payable to you of any kind.

19.2 Please note that we are only able to accept returns and provide refunds for those orders placed on our Website.

19.3 Unfortunately due to the nature of some pharmaceuticals we may be unable to accept cancellations of certain Orders, and your right to cancel under clause 20 may not apply (this does not affect your legal rights as a consumer in relation to any faulty, or not as described, Product). You will be notified if you do not have a right to cancel your selected Products before placing your order request.

19.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

20. Returns Policy

20.1 We hope that you are happy with your order however if, once your order has been dispatched / delivered, you are not entirely satisfied (whether the Product is incorrect, mis-described, faulty or otherwise), please log into your account and download the Returns Form. Complete the Returns Form and carefully pack the Product in its original packaging or similarly suitable packaging with the Returns Form. Please do not use the Product box as outer packaging as items damaged in transit may incur a refund deduction.

20.2 Please return the Product to us at the address detailed on the Returns Form within 14 working days from the date of delivery.

20.3 When you return a Product, please let us know your contact details, whether you want a refund or a replacement and the reason for returning the Product.

20.4 Subject always to clause 21 below, where you return a Product because it is incorrect, mis-described or faulty we may refund the price paid for the Product in full, together with the applicable delivery charges and any reasonable costs you incur in returning the item to us. For all other returns, you will be responsible for the cost of returning the Product to us and may only be refunded for the price paid for the Product.

20.5 We cannot be responsible for parcels that fail to reach us, so please make sure you obtain proof of postage.

21. Condition of Returns

21.1 The Products will be your responsibility from the point of delivery. It is important that returned items are kept in the best possible condition, so please take reasonable care of them and keep all original packaging.

21.2 Please note that we cannot accept returned Products that we reasonably believe have been used unless the reason for the return is because the Product is faulty. In such circumstances we will notify you that no refund will be available and you will be responsible for arranging for such Products to be returned to you within 28 days of our notification.

21.3 Where you have failed to take reasonable care of the Products, we reserve the right to deduct any amounts (by way of compensation to repair the Products or to cover any loss we may have suffered) from the refund due to you.

22. Refunds

22.1 Please allow up to 30 days from the date of cancellation for any refund payments to be made.

22.2 Refunds will only be made on the credit card or debit card or through the PayPal account used by you to pay.

23. How We Use Your Personal Information

We only use your personal information in accordance our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

24. Viruses

24.1 We do not guarantee that our Website will be secure or free from bugs or viruses.

24.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

24.3 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.

25. Linking to Our Website

25.1 You are only permitted to create links to our Website from other websites provided you comply with the following conditions:

• you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
• you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
• you must not establish a link to our Website in any website that is not owned by you;
• our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page;
• the website in which you are linking must comply in all respects with the Content Standards set out at clause 9 above; and
• you must acknowledge us by placing the following notice in a reasonably prominent place near the link “DDM HEALTH LTD / Type2Testing.com”

25.2 We reserve the right to ask you to remove any link to our Website, as determined at our sole discretion.

26. Our Right To Vary These Terms

26.1 We have the right to revise and amend these Terms from time to time.

26.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us and/or use our Services, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to these Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

27. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

28. Notices

All notices given by you to us must be given to DDM HEALTH LTD via post or e-mail. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 27. Notice 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.

29. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Order that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under any Order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Order may be performed despite the Force Majeure Event.

30. Other Important Terms

30.1 You may not transfer, assign, charge or otherwise dispose of an Order, or any of your rights or obligations arising under it or these Terms, without our prior written consent.

30.2 We may transfer, assign, charge, sub-contract or otherwise dispose of an Order, or any of our rights or obligations arising under it or these Terms, at any time during the term of the Order.

30.3 If any of these Terms or any provisions of an Order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

30.4 If we fail, at any time during the term of an Order, to insist upon strict performance of any of your obligations under the Order or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Order, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

30.5 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 27 above.

30.6 Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

31. Entire Agreement

These Terms and any documents expressly referred to represent the entire agreement between us in relation to the subject matter of any Order and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

32. Law And Jurisdiction

32.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

32.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) AND THAT either party shall be entitled to enforce any such judgment in any other jurisdiction as appropriate.

33. Contact Us

Contact us by email at contact@type2testing.com.

Our address is:

Type2Testing.com - the Type 2 Testing Revolution,
Technology House
Sir William Lyons Road
University of Warwick Science Park
Coventry
CV5 7EZ

You can call us on +44 (0) 330 133 0307.