These General Terms and Conditions shall apply to all and any of the Data accessed and/or used by the Subscriber. Any special Terms and Conditions which may apply to any particular type of Data shall be contained on the Website. You guarantee that the information You provide to ITDealer in Your application is accurate and complete. You also agree to notify ITDealer in writing or by email immediately if there is any change in this information.
Neither party shall be liable to the other in any way whatsoever for failure, interruption, delay or any other matters of the nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock outs and industrial disputes; fire, explosion, earthquake, acts of God, flood, drought or bad weather; the failure of the System or the Equipment or Software; interruption to the Data or problems associated with transmission or access by/to the System; the unavailability of material, information or data for or to update the Database, System or Software; or the requisitioning or other act or order by any government department, council or other constituted body. Neither party shall further be under any liability to the other in any way whatsoever for any other circumstances or happenings (whether of the foregoing classes or not) beyond its control. In the event of a failure of the System, ITDealer shall, as soon as conditions return to normal, take all reasonable steps to rectify the failure at the earliest possible opportunity. In the event that any circumstances covered by this clause cannot be rectified or remedied or continues for a period of six months or more either may at its option terminate this Agreement forthwith and without liability for such termination.
All notices to or by the respective parties hereto shall be in writing in the [ ] language and shall be deemed to have been duly given when delivered by hand, posted by recorded delivery post or sent by facsimile to the party to which such notice is required to be given under this agreement addressed as follows:
or to such other address or facsimile number as the respective parties hereto may hereafter specify to the others in writing. Notices delivered by hand or sent by facsimile shall be deemed received the first working day following such delivery or sending. Notices which have been posted as above shall be deemed received on the [ ] working day following posting.
The Subscriber shall not, without the prior written consent of ITDealer, assign or transfer this Agreement or any of its rights under this Agreement to any other person, firm or company.
Failure or neglect by ITDealer to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of ITDealer's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice ITDealer's rights to take subsequent action.
This Agreement supersedes any arrangements, understandings, promises or agreements made or existing between the parties prior to the signing of this Agreement which constitutes the entire understanding between the parties hereto. Except as otherwise provided herein, no addition, amendment or modification of this Agreement shall be effective unless it is in writing and signed by and on behalf of each party by a director or such other duly authorized officer as the case may be.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
In the event that any or any part of the terms, conditions or provisions contained in this Agreement or any schedule attached or adopted as relative hereto shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall to that extent be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement shall be governed and construed in all respects in accordance with English Law and the courts of England and Wales shall be the courts with competent jurisdiction on all matters arising from this Agreement.