Terms & Conditions
PRIZE ROYALE – STANDARD COMPETITION TERMS AND WEBSITE TERMS OF USE
1. Introduction
1.1 We are Prize Royale Limited, a company incorporated in Northern Ireland under company number NI668867 (we, us or our), whose business address is at 40 Irwin Gardens, Lurgan, Craigavon, Northern Ireland, BT66 7DP. If you wish to contact us for any reason, please use the contact form on our Website (defined below), or via [email protected].
1.2 This page sets out the general terms and conditions (Terms) which apply to all competitions (the Competition or Competitions) which we run from time to time as promoter, resulting in the allocation of prizes (Prize or Prizes) via www.prizeroyale.com (our website) and any associated social media accounts. They also set out the basis on which you shall be entitled to use and access our website.
1.3 These Terms shall together with any additional terms or legal material for specific Competitions (Competition Terms) constitute and are known as the Agreement, and apply to the contract between you and us to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. When construing the meaning of the Agreement, these Terms shall take priority over any Competition Terms (to the extent of any conflict or inconsistency), unless otherwise expressly stated in the relevant Competition Terms. If you do not agree to the Agreement, you must not use our Website or enter any Competition.
1.4 You should print or save a copy of these Terms for your records. This version 1 of these Terms was last updated on 24 April 2020. We may revise these Terms from time to time and will post the most current version on this page as soon as possible after the revised Terms become effective. Please check this page periodically to ensure you understand the Terms that apply at that time. By continuing to use the Website after the revisions come into effect (including entering into any Competitions), you agree to be bound by the revised Terms. We may also update and change the Website and Competitions from time to time to, amongst other things, reflect changes to our offering, Website, IT systems and/or our users’ needs and/or feedback.
1.5 Competitions are open to persons aged 18 or over who are resident in the UK or Republic of Ireland. Our employees and any person connected with us (through family, professional or commercial association), as well as members of their immediate families or households, are restricted from participating in any Competition.
2. Legal Undertaking
2.1 By entering a Competition the entrant (you, your or the Winner, if you are successful in winning any Competition) will be deemed to have legal capacity to do so, to have read, understood and accepted the Agreement and agreed to be bound by it. You also agree that you are otherwise eligible to enter the Competition and receive any Prize if you are the Competition Winner.
2.2 Competitions are governed by Northern Irish law and all and/or any matters or disputes relating to the Competition will be dealt with and/or resolved under Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition online via the Website, and by accepting the Agreement you hereby confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. We will not be held responsible for you entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
3. Opening an Account
3.1 Before entering any Competitions, you will need to register an account with us. You can register an account on our Website. To register an account you will be asked to provide an email address and password, or sign in via a social media account, such as Facebook or Twitter (Social Media Account). As part of the account opening process we will also require you to provide your full name, address and postcode, which must be linked to an address in the UK or Ireland.
3.2 We reserve the right to close your account at any time, at our reasonable discretion, if, for example, we feel you are abusing our services, being abusive to other users or staff or entering Competition, or have breached or are likely to breach these Terms or any specific Competition Terms.
4. Competition Entry
4.1 Competitions may be entered via the Website. Multiple Competitions may be operated at the same time by us and each Competition will have its own specific Prize.
4.2 Availability and pricing of Competitions is at our discretion and will be specified at the point of sale on the Website. There is no requirement to pay to enter any Competition, as each Competition has a free entry route available (see section 4.10 below for details of how to enter for free). The availability of a free entry route to enter each Competition means that the Competition does not fall within the definition of an unlawful lottery under the Betting, Gaming, Lotteries & Amusements (Northern Ireland) Order 1985 or of a lottery within Great Britain under the Gambling Act 2005, and can be operated legally in Northern Ireland and Great Britain (respectively) without any need for a licence. All Competitions are also skill-based and require you to correctly answer a Competition question before your Entry is registered.
4.3 Each Competition will run for a specified period. Please see the Competition Terms for each Competition for details of start and end times and dates (Promotion Period(s)). (Competitions may be extended a total of up to 4 times for a period 7 days)
4.4 When playing a Competition online via the Website, you must follow the on- screen instructions to:
(a) select the Competition you wish to enter and when you are ready to make your payment and complete your Entry, provide your contact and payment details. You will need to check your details carefully and tick the declaration, confirming you have read and understood these Terms, and any specific Competition Terms;
(b) once you have purchased your right to entry (Entry or Entries), register to take part in the relevant Competition; and
(c) answer the skill-based question that pops up on-screen in connection with the relevant Competition (Question).
4.5 Once your payment has cleared, assuming you have answered the Question correctly, we will endeavour to contact you by email and/or by notifying you within your account on our Website to confirm your entry into the Competition, but we are under no obligation to confirm whether or not an Entry was received prior to the end of the Promotion Period, or whether your Entry is otherwise valid.
NOTE – Customers can only enter from 1 account attached to their details and not on the behalf of another person. If a customer is found to have created alternative accounts to bypass max entry requirements we reserve the right to terminate all accounts associated and void all tickets purchased via these accounts in regards to the competitions in which the violation occurred.
Please note that when entering online and/or by post you will not be deemed entered into the Competition until we confirm your entry which can be confirmed in your account when you login.
4.6 To the extent permitted by applicable law, all Entries and their content become our property and will not be returned.
4.7 You may enter each Competition up to a maximum of twenty times. Unless stated otherwise, You must enter into each Competition on your own behalf and cannot enter on behalf of third parties.
Each Competition closes when the last number is taken, no more Entries after this point will be accepted. Each Competition will have a minimum of 50 entries and a maximum of 100,000 entries. Unless stated otherwise on the competition page or other promotional material.
4.9 All Entrants (including those entering for free) must create an account prior to entering and supply an email address to proceed in the Competition.
4.10 Free entry by post: To enter any Competition for free, you must have created an account. If you have done so you must send your full name, postal address, date of birth, e-mail address, contact telephone number by post to Prize Royale Limited, 40 Irwin Gardens, Lurgan, Craigavon, Northern Ireland, BT66 7DP, specifying the Competition you wish to enter and any details required in connection with the relevant Competition, including the correct answer to the Competition Question.
If the selected competition sells out during this period then the promotor reserves the right to apply the free entry to the competition drawn at the soonest possible date from the postal entry’s arrival. First or second-class postage must be paid. Postal Entries are limited to one Entry to each Competition per postcard. A random number will be allocated to each correct and valid free Entry by us in the same way as for paid entries. Save as specified in the Agreement or as required by context, all free Entries will be treated in the exact same way as a paid Entries.
Where applicable, the Agreement also applies to free Entries and you will be deemed to have accepted the relevant terms when opening an account. Free Entries will be disqualified in the maximum number of Entries for any particular Competition has been exceeded. Assuming the above criteria have been satisfied, we will endeavour to provide confirmation that your free Entry has been registered in the same way as for paid Entries.
4.11 We reserve the right to refuse your Entry at our reasonable discretion, including where any Entry is automatically generated or incomplete, if any Entry does not comply with the Agreement, or if we have reasonable grounds for believing that you have contravened the Agreement.
4.12 We do not accept responsibility for Competition Entries that are not successfully completed, or are lost or are delayed regardless of cause, including, for example, as a result of any postal delays, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
4.13 Proof of posting or transmission will not be accepted as proof of receipt or validity of any Entry.
4.14 All entries must be submitted in the English language. Entries in languages other than English will automatically be disqualified and no refund will be given (for paid Entries).
5. Picking the Competition Winner
5.1 All complete and correct Entries received by the end of the Promotion Period in accordance with the Agreement will be allocated a Competition number, and our random number generator will determine the winner of each Competition no later than two weeks later than the end of the relevant Promotion Period.
5.2 The results will normally be live streamed on our YouTube channel (or such other live streamed internet channel as we choose) and may be announced via other mediums.
5.3 There will only be one Winner per Competition unless we state otherwise.
5.4 We will attempt to contact any Winner using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database as soon as reasonably practicable following announcement of the Winner. It is your responsibility as an entrant to ensure that these details are accurate, up to date and complete. If for any reason these details are taken down, inputted and/or submitted and/or recorded incorrectly, we will not be held responsible for any consequences of this of whatever nature and however arising. You must carefully check your contact details have been recorded correctly and keep them updated using your account on our Website where these change over the Promotion Period.
5.5 If for any reason we are unable to contact a Winner within five working days (i.e. Monday to Fridays which are not bank or public holidays in Northern Ireland) (which period may be extended at our sole discretion) of the selection of the Winner, or the Winner fails for whatever reason or cause to contact us in writing to confirm acceptance of the Prize and/or the Winner is disqualified as a result of not complying with or contravening any terms of the Agreement, the Winner hereby agrees that it will immediately, irrevocably and automatically forfeit the Prize and the Prize will remain in our possession and ownership, for re-distribution to a new Winner, who shall be selected by going through the processes identified in sections 5.1 and 5.4 again until a Winner is successfully identified. We will do this as soon as reasonably practicable in the circumstances.
5.6 We do not accept any responsibility and are not liable to pay any compensation if you are unable to or do not take up the Prize.
5.7 In the event that we close a Competition early, the Winner will be selected from all valid and eligible Entries received by us prior to the date of closure, except that we reserve the right, at our sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without reaching the minimum number of entries or without selecting a Winner, we will give all Entries a refund or credits to enable the relevant participants to re-participate in an equivalent or substantially equivalent subsequent Competition.
5.8 Our decision as to the Winner of any Competition is final and no correspondence will be entered into.
6. Winner’s Details
6.1 The Winner will be required to show proof of identification on delivery of the Prize. Any failure to meet this requirement may result in the Winner being disqualified and our retaining the Prize.
6.2 All Winners will be asked for their consent by us to provide photographs and/or pose for photographs and videos and have their personal details (including details of any Prize won by them) included in marketing material. If a Winner consents to the above, the foregoing photographs, videos and marketing material may be used in future marketing and public relations by us in connection with the Competition and in identifying them as a Winner of a Competition.
6.3 Following receipt and verification of the details requested above by us and provided that the Winner has satisfied the Agreement, the Winners will be contacted in order to make arrangements for delivery of the Prize.
7. Competition Prizes
7.1 The Prizes are determined by us and details of each Prize can be found on the Website on the Competitions pages. Details of the Prize are, to the best of our knowledge, information and belief, correct as at the start of the relevant Promotion Period.
7.2 Prizes are subject to availability. We reserve the right to substitute any Prize with a prize of equal or greater value. If any details of the Prize change, we will endeavour to update the Website as soon as reasonably possible.
7.3 We take no responsibility for any Prizes, once delivered, and insurance is not offered on any of the Prizes on our Website. You must ensure that you have taxed and insured any cars offered as Prizes in accordance with relevant law.
7.4 Delivery of the Prize to the Winner’s home address in the UK or Ireland is provided by us free of charge, except for delivery of cars, which must be collected by the Winner from the location notified by us. If we decide to deliver outside the UK or Ireland we will require payment of the requisite delivery fees. All expenses to collect the Prize are the sole responsibility of the Winner.
7.5 The Winner hereby agrees that all Prizes are subject to and conditional upon the terms of the Agreement, as well as the Winner’s acceptance of the terms of any Prize provider, manufacturer and/or supplier and/or any third party involved in the delivery of the Prize to the Winner.
7.6 Each Prize must be accepted as awarded and is non-transferable or convertible to other substitutes (including cash) and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any of our vouchers or offers or those of other prize suppliers and/or third parties.
7.7 If we offer holiday packages as, or as part of, any Prize, these will not (unless expressly specified otherwise in the Competition Terms) include travel insurance, the cost of flights, the cost of transfers to and from airports or stations, food and drink, spending money, tax or personal expenses. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the Prize are the responsibility of the Winner. The Winner will be responsible for ensuring that you and any person travelling with you are available to travel and hold valid passports, any necessary visas and travel documents for the holiday in question on the travel dates specified. Dates once notified to any travel agent or other third party cannot be changed.
8. Storage
8.1 We can store the chosen Prize free of charge for up to thirty days after notifying the Winner, at the end of which time the Prize will be delivered to the Winner. If the Prize needs to be stored by us for more than thirty days then this shall be at the cost of the Winner, and such costs will need to be paid by to us before the Winner is sent or can collect their Prize.
9. Personal Data
9.1 By entering any Competition, you agree that your order number, name and entry number(s) may be displayed on our social media platforms and/or our Website.
9.2 We reserve the right to require all Winners to have their photo and video taken by us for promotional purposes in connection with our business. By entering into any Competition, you consent to this, and to use of your name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses that are approved in writing in advance by us), or to otherwise participate in any publicity as reasonably required by us.
9.3 If you do not wish to participate in any publicity, you must notify us prior to the end of the Promotion Period. This will not affect your chances of winning the Prize. If you do not agree to participate in any publicity about the competition we may still provide your details to relevant authorities if required by law.
9.4 If you have specifically consented to receiving marketing communications will be entered onto our database for the purpose of conveying information as to the status of their Competition, as well as any future promotions or Competitions offered by us.
9.5 Any personal data that you supply us or authorise us to obtain from a third party, for example, a credit card company, will be used by us to administer the Competition and fulfil Prizes where applicable. In order to process, record and use your personal data we may disclose it to (i) any credit card company whose name you give; (ii) any person to whom we propose to transfer any of our rights and/or responsibilities under any agreement we may have with you; (iii) any person to whom we propose to transfer our business or any part of it; (iv) comply with any legal or regulatory requirement to which we are subject in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data we may need to transfer such information outside the UK, in which event we are responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
9.6 All payments made on the Website are processed by our third-party payments processor, and other than to facilitate the payment of any cash Prizes to any Winners (as specified below), we do not collect or process your financial details.
10. Limits of Liability
10.1 We make or give no representations and/or warranties and/or assurances of whatever nature and howsoever arising (and whether in writing or otherwise) as to the quality, suitability and/or fitness for any particular purpose of any of the goods or services advertised, offered and/or provided as Prizes. Except for liability for death or personal injury caused by our negligence and/or for any fraudulent misrepresentations and/or for any events and/or circumstances to the extent that they cannot be excluded or limited by law. We shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by us, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the Prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by us.
10.2 Our total maximum aggregate liability to each Winner shall be limited to the total value of each Prize won by the relevant Winner.
10.3 Our total maximum aggregate liability to you shall (if you are not a Winner) be limited to the amount that you have paid to enter Competitions in the first 12 months of you playing any Competition.
10.4 Nothing in the Agreement shall prevent you making claims to the extent that you are exercising your statutory rights.
11. Electronic Communications
11.1 No responsibility will be accepted by us for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
11.2 We shall use reasonable endeavours to award the Prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error, the Prize is awarded incorrectly, we reserves the right to reclaim the Prize and award it to the correct person, at our sole discretion and without admission of liability.
11.3 In such circumstance, if you have been incorrectly awarded the Prize you will immediately at your own cost and expense return it to us and/or pay us for that Prize (at our option). We shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons.
11.4 We shall use reasonable endeavours to ensure that the software and Website(s) used to operate our Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the Entry recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and we shall not be held liable for any Competition Entries that occur as a result of malfunctioning software or other event.
12. Validation
12.1 We reserve the right not issue Prizes until we are satisfied that (a) the Winner has a validly registered account with us; (b) the Winner is not in breach of the Agreement, (c) any amounts due or owing by you to us have been paid in full, (d) the identity of the Winner and his or her entitlement to receive the Prize has been established to our satisfaction (in particular, we reserves the right to request documentary proof of identity and address and not to give or make a Prize until satisfied appropriate proof of identity has been provided), and (d) we may require proof of age to be produced before giving or making a Prize. Prizes will not be given or made to Winners found to be under below the age of 18.
12.2 If we are offering a cash Prize you must provide us with details of a bank or building society account in the sole name of the Winner, and proof that this account is registered at the address connected to the Winner’s application. This bank (or building society) account cannot be used in connection with any other use account.
12.3 Without prejudice to section 12.1 above, we reserves the right not to make or give a Prize if it reasonably suspects the occurrence of fraud in relation to a Competition.
12.4 We may, at its absolute and sole discretion, give or make a Prize to a person whom it is satisfied is the duly authorised representative of the Winner acting under a lawfully executed power of attorney or other equivalent authorisation.
13. Your Account
13.1 You must keep your account password secure and secret at all times and take steps to prevent it being used without your permission. You must (a) memorise your password and never tell it to anyone, (b) never write your password down (including on your computer or other electronic device) or record it in a way that can be understood by someone else, (c) destroy any communications from us in relation to your password as soon as you have read them, (d) avoid using a password that is easy to guess, (e) ensure that no-one else (apart from you) uses your account while you and/or your devices are logged on to the Website (including by logging on to your devices through a mobile, Wi-Fi or shared access connection they are using), (f) log off or exit from your account when not using it, and (g) keep your password or other access information secret,
13.2 Your password and log in details are personal to you and should not be given to anyone else and/or used to provide shared access e.g. over a network. You must use a password which is unique to your account, and maintain good internet security
13.3 You must contact us immediately using the Contact Us form on our Website if you believe, suspect or know that anyone apart from you has used your account and/or given any instruction in relation to it without your permission, or if you believe, suspect or know someone else knows your password.
13.4 If you forget your password, you can reset it by following the instructions on the Website (as long as you can provide the relevant security information requested or required by us).
13.5 We shall not be responsible and/or liable for any and/or all consequences arising out of and/or relating to any and/or all breaches of this section 13 by you. Furthermore, we shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using and/or in connection with the Website.
14. Unauthorised use and expiry of your Card
14.1 If you notify your nominated bank (or building society) that your debit card has been used without your permission in relation to a Competition and your nominated bank (or building society) asks us to return the relevant amount to your nominated bank (or building society) account, we may suspend your account and ask you to contact us. We accept no responsibility and will have no liability for any chargebacks.
14.2 If your debit card is due to expire, we shall use reasonable efforts to return the funds in your account to your debit card before midnight on the day it expires. If it is not able to do so, we shall use reasonable efforts to alert you of this and you should, in these circumstances, contact us to arrange another appropriate way for us to return the funds to you.
15. Use of the Website
15.1 Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
15.2 You hereby agree that (a) the Website, the Competitions are for your own personal, non-commercial use, and (b) you are only allowed to use your account and the Website, enter Competitions via your account, as set out in the Agreement.
15.3 You also hereby agree that you will only use your account, enter Competitions, and access and/or use the Website in an appropriate and lawful manner. You will not (a) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful, (b) knowingly and/or recklessly transmit any content (including, without limit, viruses) through the Website and/or our software and IT systems which will cause, or be likely to cause, (i) detriment and/or harm, in any degree, to the Website, our software and IT systems owned and/or operated by us and/or others, and/or (ii) loss of and/or damage to data, (c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing entering Competitions, and/or using the Website and/or any other website, and/or which is otherwise likely to damage our reputation and/or business and/or that of any third party, and/or (d) authorise or allow anyone to do or facilitate the doing of any of the things set out above.
By breaching this section, you may be committing a criminal offence under the Computer Misuse Act 1990. We may 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 and enter any further Competitions will cease immediately.
15.4 You hereby agree to indemnify us against any and/or all costs, losses, damages and expenses which we may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of your unlawful, wrongful and/or negligent access and/or use of your account, the Website and/or our software and/or IT systems, and/or breach by you of the Agreement.
15.5 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
15.6 We are the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Competitions and the Website, and you will not acquire any rights in any of these.
15.7 Any of our trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (Trademarks) used on and/or in connection with the Website or Competitions are proprietary to us and may not be used by you without our prior written consent. Trademarks of third parties used on and/or in connection with the Website, the Competition are used for identification purposes only and may be the property of their respective owners.
15.8 You must not (a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions (except to the extent expressly permitted by applicable law) and/or (c) remove, obscure and/or change any copyright, trade mark or other intellectual property right notices in any material obtained from the Website and/or as a result of playing the Competitions.
15.9 You hereby agree that playing Competitions (as well accessing and/or using your account) whilst located in any jurisdiction other than the UK or Ireland is strictly prohibited.
15.10 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 site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out by us from time to time.
16. Discretion
16.1 The exercise by us of any discretion provided for in the Agreement will be final and binding.
17. General
17.1 If we fail or delay enforcing a provision of the Agreement, this failure and/or delay is not a waiver of our right to do so later on.
17.2 If any provision (or part of a provision) of the Agreement is decided by a court of competent jurisdiction to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.
17.3 You may not assign or otherwise transfer (in whole or in part) your rights and/or obligations under the Agreement. Any breach of this section 17.3 may result in the use of your account and/or the provision of the Competition and/or access to the Website being suspended or terminated immediately by us. We may assign or otherwise their rights and/or obligations under the Agreement in whole or in part to any third party at its sole and absolute discretion and without your consent. We may also assign the Agreement in their entirety, without your consent, to its successor in interest in connection with a merger, reorganisation, or sale of all or substantially all assets or equity. The Agreement shall bind and inure to our benefit, its successors and permitted assigns.
17.4 The Agreement constitutes the entire agreement between you and us regarding its subject matter and supersedes any other prior or contemporaneous agreements or terms.
17.5 No third party to the Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of the Agreement.
17.6 We shall not be liable for any delay or failure to perform any obligation under the Agreement where the delay or failure results from any cause beyond its reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication/network failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
17.7 The Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to you to take precautions to ensure that whatever links they select and/or software you download from such websites are free of viruses. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators. You must not create a text hyperlink to the Website without our prior written consent.