This Site is operated and owned by Cask World, a division of Rosewin Holdings PLC. Your access to and use of the Site is subject to these Terms and Conditions. Using the Site indicates your acceptance of these Terms and Conditions - please read them carefully prior to using the Site.
Cask World is not authorised or regulated by the FCA (Financial Conduct Authority). Whisky casks are not an investment of a specified kind within the scope of the Financial Services and Markets Act 2000 nor is it a controlled investment subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by Cask World relates to whisky and its value. Cask World does not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market Act 2000.
The forward-looking statements used in our marketing material and on our website are only predictions. We have based these forward-looking statements largely on our current expectations and projections about future events and financial trends that we believe may affect our business, financial condition and results of operations. Because forward-looking statements are inherently subject to risks and uncertainties, some of which cannot be predicted or quantified, and many of which are beyond our control, you should not rely on these forward-looking statements as predictions of future events. The events and circumstances reflected in our forward-looking statements may not be achieved or occur and actual results could differ materially from those presented in our forward-looking statements. No assurance can be made to any investor by anyone that the expectations reflected in our forward-looking statements will be attained, or that deviations from them will not be material and adverse. These forward-looking statements speak only as of the date of the marketing material and date of the website disclosure. Except as required by applicable law, we do not plan to publicly update or revise any forward-looking statements contained in our marketing material or on our website, whether as a result of any new information, future events or otherwise, other than as may be required by applicable law. For further information, please contact email@example.com.
The caskworld.com website and content is not intended for minors. Such content includes alcoholic beverages that are inappropriate for them to view or have access to and/or illegal in the hands of minors and children. By allowing your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Web Site is inappropriate for your child, and to control the child’s use of the computer accordingly.
In these Terms and Conditions the following words and phrases have the following meanings, unless the context requires otherwise:
- Cask World means Cask World, a division of Rosewin Holdings PLC;
- Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity related to or connected with the Site;
- “Order” means an Order for a Product;
- “Product” means any item or items available for purchase from us;
- “Service” means the sale of whisky, whisky casks and alcoholic beverages governed by these Terms and Conditions;
- “Site” means www.caskworld.com and all parts and pages of it and/or the use of the Service;
- “Software” means the software owned or licensed by Cask World which forms part of the Site and includes any software which is required by, relevant to, or used in conjunction with the Site including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents, including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;
- “us” means Cask World and ‘we’ or ‘our’ shall be interpreted accordingly;
- “you” means the person or entity that accesses the Site and ‘your’ shall be interpreted accordingly.
Your use of this Site is strictly in accordance with these Terms and Conditions by non-exclusive licence granted by Cask World.
You acknowledge and agree with Cask World that you will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property Rights) in the Software or the Site other than the non-exclusive rights granted in accordance with these Terms and Conditions.
The Site is available only to, and may only be used by, individuals who can form legally binding contracts and purchase alcohol under their applicable law. If you do not qualify, please do not use our services.
In Order to use this Site, you require the equipment and connections necessary to access the World Wide web. Without limitation, you are responsible for:
- the provision of any such connection or access to the World Wide web;
- the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
- the provision of all equipment necessary for you to make any such connection to the World Wide web, including a computer and a modem.
Ordering a Product
All marketing literature, price lists and other documents issued by us in relation to the Products are subject to alteration without notice and do not constitute offers to sell the Products which are capable of acceptance.
An Order placed by you may not be withdrawn, cancelled or altered prior to acceptance by us.
Any clerical, typographical or other omissions or accidental errors in any sales & marketing materials, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on the part of us.
The specification for the Products shall be those set out in our sales documentation unless varied expressly in your Order (if accepted by us). The Products will only be supplied in the minimum units (or multiples) we specify. Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by us are intended as a guide only and the contents shall not be binding on us.
An Order can be made by whatever means approved by Cask World, including by the submission of a Purchase Order to us. This Order does not form a contract between us.
Cask World reserves the right to amend or reject any Order made in its absolute discretion for any reason, including in the event of unavailability. Only once an Order has been confirmed as received and accepted in writing or by way of email by Cask World is it deemed effective. Upon transmission of that email a contract is formed between us and subject to payment being received from you for the invoiced amount, we are obliged to provide the Product to you in accordance with these Terms and Conditions.
Once an order has been accepted by Cask World it may not be cancelled by you.
We may cancel an Order in accordance with the terms set out in these Terms. Without limitation, we may also cancel any Order placed by you at any time prior to delivery for any reason (for example, if our suppliers are no longer able to fulfil the Order) in which case you will be provided with a full refund on all amounts paid. We shall have no other liability or responsibility to you in the event that this occurs and we shall not be liable to pay you interest or any other amount which may have accrued on any deposit or other amount paid by you to us.
At our discretion, we are not obliged to accept Orders from any customer or buyer who has not supplied us with references satisfactory to us or that do not meet the anti-money laundering requirements.
We do not have the facility to offer credit; we are not a credit broker or finance provider.
Pricing and Payment
You must pay for the Product in accordance with the terms set out above. This includes all relevant fees, insurance, duties and taxes as set out at the point of purchase and notified to you as ongoing or regular requirements.
All payments shall be made to us in the currency that we specify without any deduction, credit, or set off whatsoever.
If required, the cost of pallets and returnable containers will be charged to you in addition to the price of the Products however this will be credited back to you provided they are returned at your expense undamaged to us.
Products will be stored either on site at the distillery or at our UK HMRC bonded warehouse unless otherwise notified or agreed by us.
If purchasing alcohol which is held under bond in a UK excise warehouse, it is necessary to be compliant with the following HMRC guidelines:
1.2 Registration as an owner of goods in warehousePursuant to UK law, if you carry on, or intend to carry on, a trade or business in relation to the buying, selling, importation, exportation, dealing in or handling of spirits during the course of this agreement, you must be authorized and registered by HMRC as an owner of goods in warehouse for any spirits you own in a UK excise warehouse (see HMRC’s Notice 196 section 5).
1.3 Duty representationPursuant to UK law, if you are non-UK entity and you carry on, or intend to carry on, a trade or business in relation to the buying, selling, importation, exportation, dealing in or handling of spirits during the course of this agreement, you must engage the services of a duty representative for any spirits you own in a UK excise warehouse (see HMRC’s Notice 196 section 5).
At the point of exit, there may be charges required due to the nature of your chosen exit method. Examples of this could include duty & taxes/bottling cost/relocation at your request among others. If applicable, these costs will be communicated to you by us and will be fully payable by you.
By giving notice to you at any time before delivery of the Products, Cask World reserves the right to increase the price of the Order to reflect any increase in the cost to Cask World which is due to any factor beyond the control of Cask World. Examples of this include but aren’t limited to (without limitation, any alteration of duties, foreign exchange fluctuation, currency regulation, significant increase in the costs of transportation), any change (which is requested by you) in delivery dates, quantities or specifications for the Order, or any delay caused by any instructions of you or failure of you to give Cask World adequate information or instructions. You will make payment of such amounts immediately on demand by Cask World and in any event prior to shipping of the Products.
You undertake not to offer the Products for resale in any country.
Requirements for Registration
You must be legally able to form binding contracts to purchase a Product. This means you must not register for the Service if you under 18 years of age or unable for any reason to purchase alcohol in the country where you reside, are an undischarged bankrupt, or are under any type of insolvency, administration or other insolvency event where you are a company.
You must register your details with us to use this Service which will create an account. This account will be your account for use of the Service (“Your Account”).
You must not use false or misleading information in registering or using the Service and you must update your details should they have changed from the last time you used the Service. We are not responsible for any loss or damage (including misdirected deliveries or notifications) which may occur because you have not provided us with up to date, accurate or complete information.
You may have to choose a username and password when registering your Account. You are responsible for the security of your username and password and we will assume that anyone using your Account is authorised by you. Under no circumstances will unauthorised access and use of your Account reduce your liability in connection with the Service. This includes your obligation to purchase a Product which may result from use of your username and password.
You must notify us immediately if you become aware of any unauthorised use of your Account or other security breach which we may consider relevant.
You permit us to send you notifications by email of the status of any delivery, a copy of your invoice and any other marketing or promotional events and offers. We will refrain from sending you marketing related materials, including special offers, if you tell us you do not wish to receive these communications when you complete your registration online.
We may additionally request that you participate in customer feedback from time to time so that we can improve the Service to you.
We accept no liability for any loss or damage incurred if you do not receive any notifications by us to you, for whatever reason.
You may request that your account be closed by emailing or by notifying us in writing. Once you have paid everything you owe to us in cleared funds and all transactions have been completed, your account will be closed.
Transmissions to Site
You are solely responsible for transmissions to our Site when using your account or when the Site is accessed by someone using your Account.
Delivery, Risk and Title
Any delivery date specified by Cask World for delivery of the Products is approximate only, and Cask World shall not be liable for any delay in the delivery of the Products
On exit, if you have decided to bottle your cask for personal use and agreed in writing to take delivery of the Products but fail to do so at the arranged date/time, or fail to give Cask World adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to Cask World, Cask World may:
- store the Products until delivery can take place and charge you for the reasonable costs (including insurance) of storage; or
- sell the Products at the best price readily obtainable and charge you for any shortfall below the price meant to be paid by you and the costs of sale.
Any recommendation or advice as to the storage, application or use of the Products given to you, your agents or employees by Cask World or its employees or agents as to the storage, application or use of the Products which is not confirmed in writing by Cask World, is followed or acted upon entirely at your own risk, and accordingly Cask World shall not be liable for any such recommendation or advice which is not so confirmed.
If a Product you purchase is to be delivered by Cask World to a place nominated by you, the risk in such item will pass to you:
- upon delivery; or
- when we or our carrier first attempt to deliver the item, if for any reason we are unable to deliver the item to the place nominated by you (for example if no one is present to accept delivery).
We are unaware as to who your authorised representatives are and you hereby consent to us delivering the Products to any person who accepts delivery of the Products at the delivery location nominated by you and we are under no obligation to request identification. We accept no responsibility in the event that this person is not an authorised representative or employee of yours and for any loss you suffer in this regard. A signature acceptance by any person at the delivery location constitutes proof of delivery.
Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Terms, the property in the Products shall not pass to you until payment has been received in full by Cask World for the Products and all other Products agreed to be sold by Cask World to you for which payment is due.
We are unable to provide a refund or exchange in respect of any Product Ordered. All amounts paid to us are non-refundable.
All amounts payable to us must be paid without set-off or counter claim, and must be paid in cleared funds.
System Integrity & User Conduct
You must not use the Site to:
- impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
- upload, input, disclose, post, or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
- upload, input, disclose, post, or transmit any material which is subject to Intellectual Property Rights of Cask World or any third party or breaches any duty of confidence or contractual obligation owed to Cask World or any third party;
- upload, input, disclose, post, or transmit any material that is unlawful or violates any law;
- send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of any spam legislation to any person or company;
- download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Site;
- upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another;
- sub-license, rent, lease, transfer or attempt to assign the rights in the Site or the Software to any other person and any dealing in contravention of this sub-clause shall be ineffective;
- falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
- conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
- commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
- collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or
- breach any privacy legislation;
- contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
You acknowledge and agree that you must not:
- use the Site for any purpose other than the purpose for which it was designed and intended;
- commit or permit any act which may interfere with the use of the Site by any other user;
- tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;
- damage or modify the Software or the Site or any part thereof;
- reverse engineer, decompile or disassemble the Software or the Site or any part thereof;
- copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any content within the Site or any part thereof; or
- modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Software or any content within the Site or any part thereof in any way.
You must not without prior written consent of Cask World which shall be given, given with conditions or withheld at Cask World’s absolute discretion affix or otherwise display your name or logo on the content of the Site or any other website in a way that suggests a direct or indirect association with Cask World and/or any content provider to the Software or the Site.
Links & Advertising
This Site may contain links to third party websites. Those websites are not under the control of Cask World and Cask World is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
Neither Cask World nor its employees, officers, directors, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.
The Site may contain advertisements for third parties ‘Products and/or services’. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Cask World nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the Products or services that may be advertised on the Site, nor do they offer the Products or services for sale or make any other representation whatsoever about them. If you choose to Order a product or service advertised by a third party on the Site, you do so at your own risk.
You must not link the Site from any other website not owned or operated by Cask World without Cask World’s prior written consent.
Intellectual Property Rights
The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the “Content”) is protected by Intellectual Property Rights.
The Content, the Software and the Site are protected by Intellectual Property Rights. You acknowledge that Cask World is the owner of these rights, with Our affiliates or other third party licensors.
All product and company names and logos contained within the Site are the trade marks, service marks or trading names of their respective owners, including Cask World.
You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, the Software or the Site is transferred or granted to you, other than the rights granted expressly by these Terms and Conditions.
You agree that:-
- any Intellectual Property Rights created, formulated or discovered by you through the use or access to the Software or the Site will be the sole and exclusive property of Cask World;
- You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created under to us.
The Cask World logo and name are owned by us, and may not be used as part of your business or in connection with any Products or services without Cask World’s prior written which shall be given, given with conditions or withheld at the absolute discretion of Cask World.
Your use of the Site or your completion of any forms or tables on the Site does not automatically create a relationship of any sort between you and Cask World, including that of client and agent.
Cask World does not warrant that:
- the Site will provide any function for which it is not specifically designed;
- the Software or the Site will provide any minimum level of performance;
- the Site will be virus free or free of performance anomalies or be operational without interruption;
- the quality or freedom from defect or deterioration of the Products, either at the time of delivery or deemed delivery or at the time of collection by you;
- the market value or appreciation in value of the Products; or that the Products comply with any description of the Products in any marketing materials or packaging or the information on any label or that the Products comply with any sample.
- You warrant to us that at the time of entering the Site, you were not relying on any representation made by us.
- Except as expressly provided to the contrary, and to the extent permitted by law, we make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Software or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Products included on the Site.
Disclaimer and Limitation of Liability
Cask World’s employees or agents are not authorised to make any representations concerning the Products unless such representations are confirmed by Cask World in writing. You shall not rely on any representations by Cask World’s employees or agents unless such representations have been confirmed in writing by Cask World under these Terms.
We provide the Products on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, unless otherwise set out in these Terms, and to the extent permitted by law.
You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of us except to the extent expressly set out in these Terms. To the extent permitted by law, we expressly limit our and our employees, directors and contractors/consultants and related entities liability for breach of a non-excludable condition or warranty implied by virtue of any legislation or law to the amount paid by you to us under these Terms.
You hereby release us and our related entities from all losses, damages, costs or expenses, including legal costs, in respect of all claims, demands, actions, proceedings or prosecutions which may be bought, commenced or prosecuted against us in consequence or relating to or arising out of the provision of the Products.
We reserve the right to make any changes in the specification of the Products which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Products are to be supplied to our specification, which do not materially affect their quality or performance.
You acknowledge that we may be sourcing the Products from third parties and that we may not therefore have full title to the Products at the date we accept your Order. In the event that the third party fails for any reason to deliver/sell the Products to us to enable it to complete our agreement with you us shall advise you and shall refund the purchase price paid to you who shall accept this refund in full and final settlement of any claim you may have against us.
To the extent permitted by law, the Site is provided by Cask World on an “as is” basis without any express or implied warranty of any kind.
The Software or the Site may contain typographical errors and/ or inaccuracies.
The World Wide web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
The material on the Site may be changed by Cask World at any any time without notice.
Cask World makes no commitment to update any material on the Site.
You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site.
You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the material on or accessible through the Site.
Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of Cask World, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of Cask World, to:
- in the case of services, the supply of the services again, or the payment of having the services resupplied; and
- in the case of Products, the replacement or repair of the Products, the supply of equivalent Products, or the payment of the costs of replacing or repairing the Products or acquiring equivalent Products.
In the event of force majeure Cask World shall not be required to purchase the Products for you, and instead will offer you a refund of any amounts paid.
You release Cask World and its officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if Cask World has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
Without limitation, you release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Software or the Site, whether or not caused by any negligent act or omission including but not limited to:-
- loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Software or the Site;
- Your reliance on the Software or the Site;
- the statements or actions of any employee or agent of Cask World;
- any unauthorised access to or alteration of your transmissions or data;
- any information that is sent or received or not sent or received;
- any failure to store or loss of data or files or other content;
- Your fraudulent, negligent or otherwise unlawful behaviour;
- information, data or other material provided to the Owner by the Licensee or on the Licensee’s behalf;
- any delay or interruption of the Software or the Site;
- any loss incurred as a result of a third party obtaining your access details, either with or without your knowledge;
- any loss or damages in relation to the supply of services on or in relation to this Site and any advertisement placed on the Site or information made available on the Site.
You agree to indemnify and hold harmless Cask World, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with your purchase of the Products, your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
Interest at the rate of 8% per annum accruing daily and compounding monthly will be payable on any amount owed by you which is not paid by the due date.
Breach and Termination
If Cask World reasonably considers that you are using the Site in breach of these Terms and Conditions, Cask World reserves the right to remove any infringing data, file, content or material from the Site and Cask World shall have no liability to you.
Cask World reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Cask World believes, in its sole discretion:
- violates any term or provision of these Terms and Conditions; or
- violates the rights of Cask World or any third party; or
- is otherwise inappropriate for continued access and use of the Site.
Cask World may terminate your right to access to, or use of, all or part of the Site, immediately on written notice to you if you:
- commit a material breach of these Terms and Conditions, which is capable of remedy, and you fail to remedy the breach within a reasonable time of a written notice to do so; or
- commit a material breach of these Terms and Conditions which cannot be remedied; or
- are repeatedly in breach of these Terms and Conditions; or
- are the subject of a bankruptcy Order, or become insolvent, or make any arrangement or composition with or assignment for the benefit of your creditors, or if you go into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over your assets.
On termination or expiry of these Terms your right to use the Site shall cease.
Termination of your access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms & Conditions will survive termination.
Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
The site may from time to time be amended, updated, or changed, including these Terms and Conditions, by Cask World without prior notice.
Cask World shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Cask World, including any form of technological failure or the actions of third parties.
These Terms and Conditions constitute the entire agreement between you and Cask World with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms or constitutes any collateral agreement, warranty or understanding.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
The failure by Cask World to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Cask World in respect of any existing or subsequent breach of these Terms and Conditions.
No waiver by a party of a provision of these Terms is binding unless made in writing.
These Terms and Conditions are governed by The laws of English Courts. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of London for any cause of action relating to or arising under these Terms and Conditions.
Where possible, the obligations of the parties under these Terms will indefinitely survive the finalisation or discontinuance of these Terms.
These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms.
The rights and remedies of a party to these Terms are in addition to the rights or remedies conferred on the party at law or in equity.
The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.