1. These terms
2. Information about us and how to contact us
3. Our products and services
5. Additional Terms that are applicable
6. Disclaimer and limitation of liability (PLEASE READ)
8. Registration to the Network
10. Space attributes
13. Restricted Countries
14. Civilised World and Grey World
15. Advertisement preferences
17. Your obligations to us
19. Consequences of termination
20. Our obligations to you
21. Data Protection
22. Intellectual property rights
23. Compliance with laws and policies
24. Commencement and duration
25. Dispute resolution
1.1 What these terms cover. This is Uhive’s community standards and content policy which sets out the do’s and don’ts of Users’ participation on the Civilised World of the Network. There are additional Terms to cover certain Services and aspects of the Network in further detail, which will also be applicable to you (Terms).
1.2 Why you should read them. Please read these terms carefully before you use our Services or the Network. This policy explains the values promoted by the Network and types of content that Users can and cannot create, post or share on the Civilised World, including the potential consequences of breaching this policy and what to do if there is a problem in relation to this policy.
1.3 Whilst we will use best endeavours to monitor specific types of content to ensure it complies with this policy, we will not be monitoring all the activity on the Network, so will rely on you to tell us if you find that this community standards policy is not being followed.
1.4 If you think that there is a mistake in these terms or require any changes, please contact us to discuss. We recommend that you print a copy of the Terms for future reference.
1.5 If you do not agree to these Terms or are not permitted to do so for any reason, you must not use the Network or the Uhive App.
2.1 Who we are.We are Uhive Limited a company registered in England and Wales. Our company registration number is 11200253 and our registered office is at 3 Shortlands, 3rd Floor, Genie9, London, United Kingdom, W6 8DA.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0) 20 3350 1074 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you, we will do so via the Uhive App or by telephone or by writing to you to your email address.
2.4 “Writing” includes emails and via the Uhive App. When we use the words “writing” or “written” in these terms, this includes emails and communication via the Uhive App.
3.1 The Uhive App and Network is designed to provide you with the following Services:
3.2 Uhive reserves the right to amend the Network if necessary to comply with any technical or commercial considerations, Applicable Laws or regulatory requirement and Uhive shall notify the User in any such event
The following definitions and rules of interpretation apply in these terms and conditions.
Account: a User or Business User’s account on the Network.
Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force.
Advertisement: publicity or marketing communications by or from companies, organisations or sole traders that are directly connected with the sale or supply of goods, services, opportunities and gifts, or which consist of direct solicitations of donations as part of their own fund-raising activities, in respect of which Uhive has a pay-per-click arrangement.
Advertiser: a Business User or person, company, organisation or sole trader, whether acting for itself or a third party who displays Advertisements on the Uhive Network. For the avoidance of doubt, online advertising platforms such as Google Ads, Google Admobs, etc. that Uhive engages with for the purpose of agreeing pay-per-click arrangements for Advertisements shall be considered Advertisers.
AML Laws: all laws, regulations, and obligations imposed upon us through statute or by our regulators, to complete checks against you to verify your identity, address and source of funds (where necessary), including but not limited to legislation governing the proceeds of crime, terrorism and money laundering that are in force at the date of the Terms, when you become a Registered User of the site, as amended from time to time, including but not limited to the Money Laundering Regulations 2017 (as amended).
Block: as described in clause 11.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Business User: a User who utilises the Network or the Services for any business or commercial purpose, which includes but is not limited to buying Advertisements, promoting products, creating and managing Spaces for business or commercial purposes.
Civilised World: as described in clause 14 of these Terms.
Data Protection Legislation: all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy.
Dispute Notice: as described in clause 25.1(a) of these Terms.
Gross Misconduct: behaviour on the Uhive App or Network which, in the reasonable opinion of Uhive, is so severe that it:
a) causes harm to the business of Uhive;
b) causes harm to any Users of the Uhive App and the Network; or
c) causes disrepute to Uhive and / or the Network.
Examples of Gross Misconduct can include but not be limited to bullying or causing abuse, or being violent towards another User.
Fiat currency: currency that a government considers to be legal tender for any products or services, which is regulated by a central bank. Examples of such currencies include the US Dollar ($), the British Pound Sterling (£), the Euro (€), etc.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Login Details:the username, email address and secure password required in respect of a User’s membership to the Network and pursuant to its security specifications. If we implement multi-factor authentication, your personal mobile number may be considered as part of your Login Details.
Minimum Age: means 13 years old.
Network: the social networking platform owned and operated by Uhive which is accessible via the Uhive App.
Proprietary Information: Uhive’s technical data or know-how, including, without limitation, that which relates to computer software programs or that which relates to computer software programs or documentation, specifications, source code, object code, research, inventions, processes, designs, drawings, engineering, products, services, customers, pricing, markets, or finances of Uhive.
Restricted Country: the People’s Republic of China.
Services: the services provided by Uhive set out in clause 3.1.
Space: the personal profile of a User on which Users can post comments, share ideas and thoughts, and which has a specific digital location on the Network.
Tokens: a Token is a unit of value registered on the blockchain network used by Uhive, and which can be purchased on the Network for the purpose of utilising the Services. Further details on what Tokens are and how they work are set out in clause 12
Uhive: Uhive Limited, a company registered in England and Wales with company registration number 11200253 and registered office at 3 Shortlands, 3rd Floor, Genie9, London, United Kingdom, W6 8DA, being the owner and operator of the Network.
Uhive App: the mobile application which features the Network and in respect of which Uhive provides the Services.
User: a person registered on the Network who has agreed to Uhive’s Terms and who has satisfied Uhive’s compliance requirements pursuant to the AML Laws.
Wall: the page on your Uhive App shown when you click the ‘Home’ button, which features a selection of your posts and posts from Spaces and Users that you like and / or follow.
Wallet: an internal Ethereum Wallet within the Uhive App created for you from which you can manage your Tokens.
4.2 References in the Terms to “we”, “us” and “our” mean Uhive.
4.3 References to “you” and “your” mean a User of the Network.
4.4 Clause, Schedule and paragraph headings shall not affect the interpretation of these terms and conditions . References to clauses and Schedules are to the clauses and Schedules of these terms and conditions; references to paragraphs are to paragraphs of the relevant Schedule, all of which form part of these terms and conditions.
4.5 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors or permitted assigns.
4.6 Words in the singular shall include the plural and vice versa.
4.7 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
4.8 A reference to any party shall include a party to these terms and conditions and that party’s personal representatives, nominees, trustees, successors or permitted assigns.
4.9 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
4.10 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
4.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
4.12 A reference to these Terms or to any other Terms or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these terms) from time to time.
4.13 A reference to Uhive also means any holding company or a subsidiary, who may benefit from these Terms, (as the case may be) as defined in section 1159 of the Companies Act 2006 and for the purposes only of the membership requirement contained in sections 1159 (1) (b) and (c), a company shall be treated as a member of another company even if its shares in that other company are registered in the name of:
(a) Another person (or its nominee), by way of security or in connection with the taking of security; or
(b) Its nominee.
5.1 These Terms refer to the following additional terms and policies,
which also apply to you and your use of the Network and / or Uhive App:
|Business Users policy (for businesses)||https://www.uhive.com/legal/business-users-policy/|
|Revenue generation policy (for users)||https://www.uhive.com/legal/revenue-sharing-policy/|
|Token purchase and use policy||https://www.uhive.com/legal/token_policy|
|Community Standards and Content (Civilised World) policy||https://www.uhive.com/legal/community-standards-policy/|
|End-user licence agreement||https://www.uhive.com/legal/eula-google-android/|
6.1 We make no guarantee of any results from using the Uhive Network including in respect of any income realised.
6.2 The Network has not been designed for the purpose of generating revenue for Users, although this may be possible depending on how the Network is utilised.
6.3 Users should not rely on the Network as a source of income. Receipt of Tokens from the Uhive Network should not be considered a payment of salary.
6.4 To the extent allowed under the Applicable Law, Uhive:
6.5 Any information, commentary, views, opinions figures, percentages, indications, estimations or any other material expressed or featured on the Network which has been uploaded by Users or communicated directly between Users shall not be the responsibility of Uhive and Uhive shall assume no liability in relation to such information (including its accuracy), which is a matter for the Users making the information available in the first instance.
6.6 By virtue of allowing information or content to be available on the Network, Uhive is not providing advice or any recommendation to any User to connect with or engage or deal with any other User or third party individual or business.
6.7 The Tokens which are available for purchase on the Network are available for the sole purpose of utilising the Network’s Services. The availability of Tokens is not meant to be construed as an inducement or encouragement to purchase the Tokens or for the Tokens to be considered as an investment in any way.
6.8 There is no expectation of future profit or gain from the purchase or holding Tokens in their current form. Tokens do not represent:
6.9 The value of your Space can go down as well as up based on the following factors:
6.10 Any increase or decrease in the value of Space should not be misconstrued to mean that the Space is an investment. Fluctuations in Space value is meant correlate to a User’s participation in respect of their Space, whether via activity levels or the amount of Tokens used to increase the Space’s volume.
6.11 Uhive is not, by virtue of making content available on the Network, providing advice to you or any person in relation to any matter concerning the Network or otherwise. Any decision to use the Network is solely your own.
6.12 Nothing in these terms and conditions limits any liability which cannot legally be limited, including liability for:
6.13 Subject to clause 6.12, the types of loss listed in this clause 6.13 are wholly excluded:
6.14 For the avoidance of doubt, although Uhive shall use its best endeavours to rectify any technical issues with the Network, there shall be no fault or liability on the part of Uhive in respect of the same.
6.15 Subject to the preceding provisions of this clause 6, Uhive’s total liability to Users, irrespective of whether it arises under or in connection with these Terms, as a result of Uhive’s negligence, or any other act or omission of Uhive, shall be limited to:
6.16 Subject to the preceding provisions of this clause 6, unless the User notifies Uhive within the notice period that it intends to make a claim against Uhive for any reason, Uhive shall have no liability for that event. The notice period for an event shall start on the day on which the Uhive became, or ought reasonably to have become, aware of the event having occurred and shall expire 2 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
6.17 This clause 6 shall survive termination of these Terms.
7.1 You cannot use the Network if:
8.1 This clause details the registration process that must be followed to become a User on the Network.
8.2 Uhive may vary the registration process in accordance with any of its business or technical requirements or to comply with any Applicable Laws including AML Laws.
8.3 To register on the Network, a User must:
(a) create Login Details for his or her membership on the Network. The Login Details will be specific to the User’s membership to the Network;
(b) provide his or her:
(c) upon receipt of a confirmation email from Uhive, complete a user profile on the Network, which shall require the User to provide the following additional information and documents:
(d) review the Terms and select the ‘ACCEPT’ option once the Terms have been reviewed and are accepted.
8.4 You must not register on the Network unless meet the eligibility criteria in clause 7.1.
8.5 The following clauses explain how the Login Details are to be used and the terms applicable to the User in respect of the same:
8.6 Uhive shall reserve the right to suspend an Account where it suspects that the person logged into the Account is not the User or authorised by the User to do so or where Uhive suspects illegal or fraudulent activity or unauthorised use.
8.7 Where we implement multi-factor authentication, you should use your personal mobile number to verify your Account. If you lose control over your mobile number, please notify Uhive as soon as possible on email@example.com.
8.8 Please note that you may not be able to access your Account, including access to your Tokens and Space(s), if your Login Details are compromised.
8.9 To the maximum extent permitted by the Applicable Laws, Uhive shall not be liable to Users for any unauthorised use of their Account (including for any activity relating to Tokens or Spaces) which results from the User’s failure to maintain restricted access to their Account, Login Details, mobile device mobile SIM card or from a User’s failure to use a strong password.
8.10 After a prospective User has supplied the information and documents cited under clause 8.3, Uhive may carry out identity and fraud checks on the prospective User, in accordance with the requirements of AML Laws. Uhive will use its own internal guidelines and policies when registering any person as a User and will have complete discretion as to whether to allow a person to be registered as a User on the Network.
8.11 You acknowledge and agree that successful registration will depend upon:
8.12 Once your registration is approved by Uhive, you will be entitled to use the Network for the Services.
8.13 Uhive provides no warranty regarding the time it will take to complete any background checks described under this clause 8.
9.1 You will be able to create a Space on the Network after you have successfully registered.
9.2 You will be able to create a free Space in each area of interest that you choose.
9.3 You will be able to post and share content on your Space such as your thoughts, photos and videos, but subject to compliance with the Community Standards policy https://www.uhive.com/legal/community-standards-policy/
9.4 You can customise the following aspects of your Spaces:
(a)Size. The size of a Space is affected by two factors:
on each Space.
(b) Colour or logo / image: Users can upload any logo or image to represent their Space provided the Users are not breaching the Intellectual Property Rights of Uhive or any third party and the logo or image is consistent with Uhive’s community standards policy (here: https://www.uhive.com/legal/community-standards-policy/).
(c) Digital location: Users can choose the location of their Space within the Network. Locations in certain high activity Blocks can be more expensive due to the potential increased brand exposure and organic traffic flowing through the Block and area.
9.5 You may create multiple Spaces, each of which may have a different location on the Network if they are in based in different Blocks or different areas of interest. Additional Spaces in the same areas of interest can be purchased using Tokens.
9.6 There is currently no maximum number of Spaces that you can own, however, some Blocks may have all potential Spaces be occupied, in which case it may not be possible to purchase additional Spaces within that Block or area of interest.
9.7 The value (in Tokens) of a Space will be determined by the Network’s algorithm, which is based on the following factors:
9.8 Spaces cannot be traded or sold at any time. We may reconsider this in the future and add functionality on the Network to allow you to sell your Spaces to other Users, but have no obligation to do so. Should such a feature be added, we will notify you via the Network.
9.9 The user interface of the Network has been designed to provide a sense of ownership in respect of Spaces and designate locations. Although the ownership, value and location aspects of Spaces may appear similar to real estate, please note that:
10.1 Spaces can be used for either personal or business purposes.
10.2 Spaces that are created for business purposes shall:
(a) provide details of its business such as:
(iv) details of any regulatory permissions (if required);
(b) apply to Uhive to earn a ‘verified business’ badge which will be visible from the business’ Space; and
(c) display a ‘pending verification’ badge on their Space until such time as the business has been verified.
10.3 Uhive will provide ‘verified business’ badges to Business Users based on its internal policies and procedures, and is under no obligation to provide ‘verified business’ badges to any Business User.
10.4 You have the option to select the privacy setting for your Spaces. When created, a Space is automatically set to the ‘public’ setting, which means that anybody on the Network can follow you, see your posts and comment on your Space. You may change the privacy setting to ‘private’, which means that you will need to approve each User who wishes to follow you or see your posts.
10.5 You may be rewarded with ‘badges’ based on your engagement on the Network (see clause 16 of the Token policy).
10.6 Further details on the types and features of badges are available when you access the Network itself.
10.7 Certain badges may provide you with a portion of revenue that Uhive generates from Advertisements (see clause 16 of the Token policy).
10.8 Uhive has sole and absolute discretion on the types of badges available on the Network, including what features and incentives they carry, as well as how and when they are awarded.
11.1 A Block is a unit within an area of interest in which Users can buy Spaces. Each area of interest will be made up of Blocks.
11.2 There will be a maximum number of Spaces available in each Block.
11.3 It may be more expensive to buy Spaces in Blocks that already have a high number of Spaces occupied / owned by Users (high block density).
12.1 Tokens allow you to access certain of Uhive’s Services.
12.2 You can currently spend Tokens on the following:
12.3 You can earn Tokens on the Network in the following ways:
12.4 Tokens can be purchased using Fiat Currency, Bitcoin and Ether. Before you can purchase any Tokens, Uhive may require certain documentation from you in accordance with its KYC Policy (available here: https://www.uhive.com/legal/kyc-policy/) and the AML Laws.
12.5 The price of Tokens is currently fixed by Uhive.
12.6 Tokens cannot be sold or traded.
12.7 Depending on the reception of the Network and the functionality of Tokens, Uhive may add additional features for Tokens, including what they can do and what you can spend them on, for example:
12.8 Further information on how Tokens can be purchased, used and earned can be found in the Token Policy here: https://www.uhive.com/legal/token_policy.
12.9 Uhive is under no obligation to make any changes to how Tokens are used, purchased or earned or any other features that are attributed to them. Should there be any changes to how a Token’s features, we will notify you via the Network.
13.1 We recognise that certain jurisdictions, such as the People’s Republic of China (a Restricted Country), do not allow the public trading of cryptocurrencies due to regulatory concerns.
13.2 Uhive maintains that the Tokens are not marketed as, held out to be, or utilised, as security tokens or investment products on the Network or otherwise, and therefore Uhive does not prohibit residents of a Restricted Country from using the Network or purchasing Tokens.
13.3 If you are:
(a) a resident of a Restricted Country; and
(b) are advised or informed that the governing laws of that jurisdiction prohibit you from being a User on the Network or from purchasing or holding Tokens by either:
(i) a lawyer qualified in the Restricted Country; or
(ii) a governing authority of the Restricted Country,
then you must inform us immediately in order that we may take the necessary steps pursuant to clause 13.4.
13.4 If at any time, Uhive is advised or believes that a resident of Restricted Country should not be registered as a User or Business User on the Network as a result of regulatory issues in the Restricted Country, we will:
13.5 For the avoidance of doubt, Users shall not be entitled to a refund of any Tokens they have purchased.
13.6 We may update our policy regarding the use of the Network and Tokens by residents of a Restricted Country depending on how the Applicable Laws in that jurisdiction develop from time to time, however we have no obligation to change our policies.
14.1 The Civilised World is the structured world of Uhive, which you can use and navigate based on areas of interest categories.
14.2 In the Civilised World, your identity and activity will be visible to the rest of the Users on the Network depending on your privacy settings.
14.3 The Grey World is separate to the Civilised World and is designed to provide Users with freedom to express themselves freely.
14.4 You can switch between the Civilised World and the Grey World from your Account.
14.5 The key differences between the Civilised World and the Grey World are:
14.6 Your use of, and activity on, the Grey World will be subject to the Terms. The Grey World is currently in development, and when it is launched it will have a specific set of rules governing User engagement and content. Until such terms are published by Uhive, the Community Standards Policy (available here: https://www.uhive.com/legal/community-standards-policy/) will apply to the Grey World.
15.3 The permissions you provide us will be subject to the privacy settings you select in relation to your Account.
15.4 For further information or any queries in relation to how your activity on the Network and advertisements are connected, including any queries regarding your privacy rights, please contact us on firstname.lastname@example.org.
16.1 From time to time, Uhive may, but is under no obligation to, launch rewards and referral programs to incentivise Users to better engage on the Network.
16.2 Details of Uhive’s reward and referral programs will be available on the Network as and when they are launched.
16.3 Uhive will, in its sole and absolute discretion, determine the time period during which its reward and referral programs are available on the Network.
16.4 For examples of the types of rewards and referral programs, see clause 16 of the Token policy.
17.1 You warrant and represent to us that all information and documents provided by you in relation to yourself via the Network are and will be true, accurate and not misleading.
17.2 You must:
(a) not seek to earn or generate Tokens by any methods other than as specified in the Terms, namely, through:
(b) not simulate activity on the Network through the use of bots;
(c) not seek to generate or earn Tokens through the use of bots;
(d) not recruit third parties to generate Tokens on your behalf;
(e) not disassemble, decompile or otherwise attempt to reverse engineer any portion or component of the Uhive App or Network;
(f) not use the Terms for any purpose, at any location or in any manner not specifically authorised by Uhive;
(g) not make or retain any copy of the Uhive App, Network or Proprietary Information;
(h) not modify, adapt, translate or create the Uhive App, Network or Proprietary Information or create derivative works based upon the Uhive App, Network or the Proprietary Information, or combine or merge any part of the Uhive App, Network or Proprietary Information with or into any other software or platform;
(i) not remove, erase or tamper with any copyright or other Proprietary Information of Uhive printed or stamped on, affixed to, or encoded or recorded on the Network;
(j) not sell, market, license, sublicense, distribute or otherwise grant to any third party, including any outsourcer, vendor, consultant or partner, any right to use the Uhive App, Network or Proprietary Information;
(k) not use the Uhive App or Network except as described and agreed to in the Terms;
(l) not operate more than one Account;
(m) not use the Uhive App or Network in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Uhive App or the Network;
(n) not infringe Uhive’s Intellectual Property Rights or the Intellectual Property Rights of any other User on the Network;
(o) not communicate or transfer any material or content on the Uhive App or Network which is defamatory, explicit, offensive or otherwise objectionable pursuant to Uhive’s Community Standards Policy;
(p) not use the Uhive App or Network in any way that may damage, disable, overburden, impair or compromise Uhive’s systems or security or interfere with the use of the Uhive App or Network by other Users;
(q) not use or employ any technology in conjunction with, or as a plug in to, the Uhive App which has not been authorised by Uhive, including but not limited to adblocking software;
(r) not collect or store any information or data from the Uhive App or the Network for any commercial purpose, except as agreed in the Terms;
(s) at all material times it acts in good faith towards Uhive; and
(t) provide Uhive at all material times with the information that Uhive reasonably requires to continue provision of the Services or which Uhive may require in order to comply with Applicable Laws.
18.1 Without affecting any other right or remedy available to it, Uhive may terminate these Terms, including your access to the Uhive App and the Network, with immediate effect by giving written notice to you if:
18.2 If Uhive discovers any breach of clause 17 by you or you commit an act under clause 18, we may:
19.1 On termination of the Terms, the following clauses shall continue in force: clause 4, clause 6 and clause 18.2 to clause 26.
19.2 Termination of the Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including Uhive’s right to claim damages in respect of any breach of the Terms which existed at or before the date of termination.
20.1 We shall:
22.1 The parties agree that any Intellectual Property Rights owned by us or you before the date of these terms and conditions or developed by either of us during the term of these Terms shall remain the property of that party.
23.1 In performing our respective obligations under these Terms, you and we both agree to comply with the Applicable Laws and each of us will inform the other party as soon as either of us becomes aware of any breaches by the other party of, or changes in, the Applicable Laws which affects the subject matter of the Terms.
The Terms shall commence on the date you download the Uhive App and shall continue indefinitely unless you delete your Account or the Uhive App or unless terminated in accordance with clause 18.
25.1 If any dispute arises regarding any obligation of either party pursuant to the Terms:
26.1 Changes to the terms. Uhive may need to amend the Terms to reflect changes in any Applicable Laws, best practice, to deal with additional Services provided by Uhive or for any other reason deemed appropriate and reasonable by Uhive. Uhive will notify you at least 20 Business Days in advance of any changes to the Terms by sending an email with details of the changes or notifying you of the change when you next access the Network.
26.2 No partnership or agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you or us, constitute either you or us as the agent of the other party, or authorise you or us to make or enter into any commitments for or on behalf of any other party. You confirm you are acting on your own behalf and not for the benefit of any other person.
26.3 Entire agreement. The Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter. You acknowledge that in entering into the Terms, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Terms. Nothing in this clause shall limit or exclude any liability for fraud.
26.4 Assignment and other dealings. These Terms are personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms.
26.5 Waiver. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
26.6 Severance. If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms. If one party gives notice to the other of the possibility that any provision or part-provision of the Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
(a) Any notice or other communication given to a party under or in connection with the Terms shall be in writing and shall be:
(b) Any notice or communication shall be deemed to have been received:
(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
26.8 Third party rights. No one other than a party to these Terms shall have any right to enforce any of its terms.
26.9 Governing law. These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
26.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).