11 October 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE REGISTERING ON THE WEBSITE. These terms and conditions create a contract between you (either as an individual or for and on behalf of your company or organization) (“You” or “Your”) and iamYiam Limited (“iamYiam“, “we”, “us” and “our” in these Terms).
WE ARE NOT A PROVIDER OF HEALTHCARE, OR ANY HEALTHCARE OR MEDICAL SERVICES AND DO NOT GIVE ADVICE ABOUT DIAGNOSING OR TREATING MEDICAL CONDITIONS, ILLNESSES OR SYMPTONS.
The iamYiam platform enables consumers to be provided with suggestions and information about complementary and preventive therapies, but is not intended to act as a substitute for medical advice from a qualified doctor or other qualified healthcare practitioner.
By ticking the “I Agree” box and/or continuing to use the Website (as defined below), You acknowledge that:
- You have read and understood these Terms and acknowledge You will be legally bound by them; and
- where You are using the Services on behalf of Your company or organisation, You have the authority to act on behalf of and bind such company or organisation.
You warrant that You are not accepting these Terms or using any Services or providing any services as a consumer.
iamYiam reserves the right to change these Terms at any time and You should print a copy of these Terms for Your records. You should check back regularly to see if they have changed as they will be effective from the next time that You access the Services and Your continued use of the Services shall indicate Your acceptance of the updated Term. iamYiam will make every effort to communicate any material changes to You via notification via the Website or, if appropriate, by email.
1.1 The following definitions and rules of interpretation apply in these Terms:
|Account:||the account You set up when You register on the Website.|
|Appointment:||an appointment for Your services made by the consumer via the Platform.|
|Appointment Fee:||the total fees payable by a consumer for an Appointment (whether fulfilled by You or if cancelled by the consumer) as set by You, in each case including any applicable duties and taxes, such as VAT.|
|Balance Fees:||the Appointment Fee minus the Commission Fee.|
|Commission Fee:||the commission fee payable by You to iamYiam for an Appointment, which is a percentage of the Appointment Fee. The applicable percentage shall be as set out in the Fee Model selected by You.|
|Confidential Information:||includes all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including information about business, customers, finances, revenue and technical information.|
|Content:||all text, images, graphics, sounds, videos, films, logos, information or other materials on, or provided for, the Platform.|
|Duration:||the length of time, starting on the date that You accept these Terms, for which You want to receive the Services. The applicable length of time shall be as set out in the Fee Model selected by You.|
|Fee Model:||the model selected by You on the Website when You agree to these Terms which determines the Commission Fee, Subscription Fee and Duration and any other terms which appear on the Website in relation to the relevant model;|
|iamYiam:||IAMYIAM LIMITED incorporated and registered in England and Wales with company number 09670819 whose registered office is at C43, 5 New Union Square, Ambassador Building – Embassy Gardens, SW11 7BQ, London, UK.|
|Inappropriate Content:||any material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or could otherwise reasonably be considered as inappropriate, or otherwise breaches the Acceptable Use Policy.|
|IPR:||all patents, trade marks, service marks, copyrights, moral rights, right in designs, know-how and any other intellectual or industrial property rights, anywhere in the world, in each case whether or not registered.|
|Platform:||the Website and/or the iamYiam mobile application.|
|Profile:||Your profile on the Platform visible to consumers setting out Your business contact details, a description of the services You provide to consumers, where You can deliver those services, the Appointment Fee, Your forthcoming schedule and any other relevant details.|
|Services:||the back-office services provided through the functionality of the Platform by iamYiam to:
(a) display Your Profile, including services, prices and availability;
(b) enable consumers to make Appointments;
(c) facilitating the taking of payments for Appointments;
(d) enable consumers to search for services and treatments and display results which may include Your Profile
and related activities set out in these Terms and as further described on the Platform.
|Subscription Fee:||the one-off fee or periodic fee payable by You to iamYiam for the Services. The applicable fee shall be as set out in the Fee Model selected by You.|
|Terms:||these practitioner terms and conditions of use.|
|Website:||the internet site at the domain app.iamyiam.com and all its subdomains.|
|Working Day:||any day which is not a weekend or bank or public holiday in England.|
|Working Hours:||a minimum of 15 hours of availability in any week.|
|You or Your:||the individual or the company or trading entity on behalf of which an individual accepts these Terms.|
1.2 In these Terms:
(a) Clause headings shall not affect the interpretation of these Terms.
(b) A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
(c) A reference to:
(i) a company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and
(ii) a statute or statutory provision is a reference to it as it is in force as at the date these Terms are accepted,
(d) Unless the context otherwise requires:
(i) words in the singular shall include the plural and in the plural shall include the singular;
(ii) a reference to one gender shall include a reference to the other genders and the neuter; and
(iii) the words “other”, “including” and “in particular” shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.
2. IAMYIAM’S STATUS
2.1 You authorise us to act as Your agent to promote the sale of Your services as set out in Your Profile to consumers on the Platform. You authorise us to negotiate and conclude contracts with consumers for the provision of services by You, on Your behalf as Your agent, facilitating, the booking of Appointments on the Platform and, the taking payments from consumers for the Appointments.
2.2 You shall not appoint any other person, firm or company as Your agent for the promotion and sale of Your services in materially the same manner as our Services (for example, through a marketplace website), but You are free to market, negotiate and sell Your services in Your own right.
2.3 In performing the services described in this Clause 2, iamYiam shall operate and have the status of Your agent.
3. IAMYIAM’S SERVICES
3.1 Subject to payment of the Subscription Fees (if any), iamYiam shall provide the Services to You in accordance with these Terms.
3.2 iamYiam shall provide the Services with reasonable care and skill and in accordance with law applicable to it as a provider of the Services.
3.3 iamYiam grants You the right to access and use the Services via the Website. This right is non-exclusive, non-transferable, limited by and subject to these Terms, and subject to Your compliance with these Terms.
3.4 iamYiam operates the Platform as it sees fit in its sole discretion and, save for the information in Your Profile, shall have total control over its appearance, structure, Content, functionality, user interface and placing of Content within the Platform.
3.5 iamYiam may change, modify, amend, add to or remove from the Platform from time to time at its discretion without notice to You provided that, subject to Clause 7, iamYiam will not materially reduce your ability to use the Services for a prolonged period.
3.6 If You have any technical problems with the Website, You must make all reasonable efforts to investigate and diagnose problems before contacting iamYiam. If You still need technical help, please use our contact form provided online by iamYiam on the Website by clicking here.
3.7 After You register for an Account, Your Profile will not be visible on the Platform to consumers until:
(a) You have provided all the Content required to populate Your Profile; and
(b) You have satisfied iamYiam’s selection and vetting criteria, quality procedures, testing and/or interview as required by iamYiam.
3.8 As part of the Services, and subject to Clause 7.7, iamYiam may provide assistance with the creation of Your Profile including:
(a) producing, reviewing and editing video Content; and
(b) proof-reading and formatting any Content provided by You to check it meets iamYiam’s quality requirements and does not contain any Inappropriate Content.
3.9 iamYiam may:
(a) make changes to Your Profile, other Content provided by You and to any Content created by iamYiam on Your behalf for editing, formatting, readability, user interface or aesthetic purposes;
(b) remove any Content from Your Profile and from the Platform which breaches these Terms or the Acceptable Use Terms at its sole discretion without notice to You; and
(c) suspend Your access to Your Profile or suspend Your Profile on the Platform at its sole discretion without notice to You if You are in breach of these Terms, if consumers are reporting poor or negative experiences with You or if iamYiam deems it reasonably necessary.
4. YOUR OBLIGATIONS
Your Profile and provision of Your services
4.1 You shall:
(a) provide the Content for Your Profile, (excluding any Content which iamYiam agrees to create for You in accordance with Clause 3.8(a)) by the time and date reasonably specified by iamYiam;
(b) update the Content in Your Profile when any details change but particularly to update Your schedule and availability;
(c) ensure that all Content in Your Profile and that you otherwise provide is up-to-date, accurate, complete and not misleading; and
(d) provide any other information reasonably required by iamYiam to provide the Services.
4.2 You are responsible for ensuring that Your Profile and Content that You provide within the Platform is accurate, complete, truthful, compliant with all applicable laws and regulations, and does not infringe any IPR of any third party.
4.3 You may be required by iamYiam to attend workshops or events related to the Services and the Platform in order for Your Profile to be developed and uploaded to the Platform and You agree to attend such workshops and events at Your own cost and expense as necessary for iamYiam to provide the Services.
4.4 You are responsible for ensuring you have all necessary insurances, including sufficient professional indemnity insurance with a reputable provider of no less than £100,000 and will, on request provide evidence of such insurance policy to us.
4.5 You shall ensure you are available to provide Your services for the Working Hours.
4.6 You will respond to each enquiry from a consumer about Your services or availability for Appointments within 24 hours of being contacted through the Website with the relevant enquiry. Failure to respond within 24 hours will result in the consumer being informed that You are not available for the Appointment requested.
4.7 You will not cancel Appointments unless exceptionally it is unavoidable to do so for reasons outside your reasonable control. You shall notify iamYiam through the Website of any cancellation as soon as possible and in any event, at least 48 hours before the Appointment is due to take place. For clarification, if You cancel any Appointment less than 48 hours before the Appointment is due to take place or fail to attend an Appointment, no Balance Fees shall be payable to You.
4.8 You warrant that:
(a) You have the necessary skills and experience to provide Your service to consumers;
(b) You will act professionally and with reasonable skill and care when providing Your services to consumers;
(c) You will provide Your service in accordance with our practitioner Code of Ethics;
(d) You will provide Your services in accordance with all applicable laws and regulations; and
(e) You will provide Your services either online or at the consumer’s chosen location.
4.9 When You create Your Account on the Website, You will be required to create a username and password. You must ensure that Your username and password are kept secure and confidential. You must immediately notify iamYiam of any unauthorised use of Your password or any other breach of security. You are responsible for all activity on Your account. It is Your sole responsibility to monitor and control access to, and use of, Your account and password. You must take all other actions that iamYiam reasonably deems necessary to maintain or enhance the security of iamYiam’s computing systems and networks and Your access to the Services.
4.10 As a condition of these Terms, when accessing and using the Services, You must:
(a) not attempt to undermine the security or integrity of the Website, iamYiam ‘s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
(b) not use, or misuse, the Services in any way that may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or the Website;
(c) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
(d) not transmit, or input into the Service or the Website, any files or data that may damage any other person’s computing devices or software, any Inappropriate Content, or material or data in violation of any law (including data or other material protected by copyright, trade secrets or other IPR that You do not have the right to use);
(e) create links to the Website unless iamYiam gives You prior written consent;
(f) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
(g) Always use your real name and not impersonate any other person while using the Website;
(h) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website or providing Your services, or do anything else that may have an adverse effect on iamYiam’s reputation; or
(i) use the Website for any unlawful purpose.
4.11 You acknowledge that You are authorised to use the Services and the Website and to access, provide and disclose the information and data that You input into the Service.
4.12 If You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for Your legitimate purposes and in accordance with the law. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services or for advertising or marketing purposes in relation to the Services or the services You offer to consumers, including offers of goods or services for sale or for unsolicited e-mail.
4.13 When You make any communication on the Website, You represent that You are permitted to make such communication. Any communications shall be conducted in a courteous and professional manner. iamYiam is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services or the services You offer to consumers.
4.14 iamYiam reserves the right to remove any communication or any material held within the Services at any time in its sole discretion.
4.15 You should only contact consumers through the Website, except where communication is required on short notice immediately prior to an Appointment for logistical purposes relating to the fulfilment of the Appointment.
4.16 You shall, in a timely and efficient manner:
(a) follow all reasonable instructions of iamYiam from time to time and provide all necessary co-operation to iamYiam in connection with the Services including the following of iamYiam’s Code of Ethics for iamYiam practitioners;
(b) comply with any other policy which applies to You as made available to You from time to time;
(c) provide iamYiam with all reasonable and necessary access to such information as may be required by iamYiam in order to provide the Services;
(d) comply with all laws and regulations relating to Your services as they may change from time to time, and with any conditions binding on You in any applicable licences, registrations, permits and approvals, and shall indemnify us for any failure to do so;
(e) obtain and shall maintain all necessary licences, consents, and permissions necessary for iamYiam, its contractors and agents to perform their obligations under these Terms, including in particular to ensure that You have the consent of any individual whose information is entered into or processed by the Services to use such information in connection with the Services and for iamYiam, its contractors and agents to process such information;
(f) deal with any complaint, dispute or post-supply enquiry relating to Your services raised by a consumer (whether communicated to you by the consumer or iamYiam); and
(g) be solely responsible for procuring and maintaining Your network connections or telecommunications links for accessing the Website and Services.
4.17 You shall indemnify iamYiam against all claims, costs, expenses, damage and loss arising from Your breach of any of these Terms or any losses suffered by iamYiam or any consumer(s) as a result of Your use of the Services or provision of services to consumers, provided that iamYiam was acting with reasonable care and skill within the scope of its authority under these Terms, including any costs relating to the recovery of any fees that are due but have not been paid by You or failure to comply with all applicable laws and regulations.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Title to, and all IPRs in the Services, the Platform and any documentation relating to the Services are and shall remain the property of iamYiam (or its licensors), which includes any Content produced by iamYiam during the course of providing the Services to You and iamYiam’s logo’s trademarks and business names.
5.2 Except as expressly set out in these Terms, no rights to, or in, any IPR in respect of the Services, the Platform, Content (subject to Clause 5.3) or any documentation is granted to You.
5.3 You grant iamYiam a royalty-free, limited, revocable licence to display and use to the extent necessary to provide the Services, Your logo, trademark, business name or any other IPR in any Content which You provide to iamYiam.
5.4 You warrant that any Content provided by You to iamYiam does not infringe the IPR or other rights of any third party.
6. FEES & PAYMENT TERMS
6.1 You shall pay the Subscription Fees (if any) at the time You create Your Account on the Website and upon each renewal of the Duration.
6.2 iamYiam shall pay You the Balance Fee within seven (10) Working Days of the end of the week in which the Appointment took place or was due to take place where cancelled by the consumer less than 48 hours prior to the scheduled start time of the Appointment.
6.3 iamYiam shall pay You the Balance Fee by electronic transfer to the bank account nominated by You at the time You create Your Account, with any applicable charges on such payments being at Your sole cost and expense.
6.4 All payments under these Terms shall be in Pounds Sterling.
6.5 All amounts set out in these Terms and on the Platform are exclusive of VAT or any other applicable taxes.
6.6 If either party fails to pay any amount due under these Terms, the other party is entitled to charge interest on the overdue amount, from the due date up to the date of actual payment (after as well as before judgement), accruing on a daily basis at the rate of 2% per annum above the base rate for the time being of Barclays Bank plc.
7.1 The provision of, access to, and use of, the Platform and the Services is on an “as is” basis. iamYiam will use reasonable endeavours to make the Platform and the Services available at all times but does not warrant or guarantee that the Platform and/or the Services will always be available or that they will be uninterrupted or error free.
7.2 It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
7.3 You are responsible for Your use of the Services and for ensuring that such use is compliant with applicable law.
7.4 iamYiam does not warrant or represent that any particular results or outcomes will be achieved through use of the Services.
7.5 iamYiam uses industry standard security processes and procedures to protect the Platform against viruses, worms, Trojan horses, malware and other disabling devices, but iamYiam cannot guarantee that the Platform will be free from the same or totally secure.
7.6 iamYiam shall have no liability for any errors, omissions, inaccuracies or misleading statements or representations in any Content or instructions provided to iamYiam in connection with the Services, or any actions taken by iamYiam at Your direction.
7.7 Except as set out in these Terms, iamYiam gives no warranty about the Platform or the Services. Without limiting the foregoing, iamYiam does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose.
7.8 All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of satisfactory quality, fitness for purpose and title.
8. LIMITATION OF LIABILITY
8.1 This Clause 8 sets out the entire liability of iamYiam under or in connection with these Terms including any liability for the acts or omissions of its employees, agents and sub-contractors and in respect of:
(a) any breach of these Terms;
(b) any use made by the You of the Services and the Platform; and
(c) any representation, statement or tortious act or omission (including negligence).
8.2 Nothing in these Terms excludes or limits either party’s liability for:
(a) death or personal injury caused by their negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any liability which cannot be legally excluded or limited.
8.3 Subject to Clauses 8.2, 8.4, 8.5 and 8.6, the total liability of iamYiam in any 12 month period arising out of, or in connection with these Terms whether for tort (including negligence), breach of contract or statutory duty or otherwise, or howsoever arising shall in no event exceed the total sum of the Commission Fees and Subscription Fees paid by You during the 12 month period immediately preceding the event giving rise to the claim.
8.4 iamYiam will not be responsible to You for any business losses that You may incur, including but not limited to, loss of data, loss of profits, loss of goodwill, pure economic loss, corruption of data or information or business interruption.
8.5 iamYiam shall not be liable, and You shall indemnify iamYiam for any claims made against iamYiam, for any losses or damage that anyone (including any consumers) may suffer as a result of relying on Content provided by You.
8.6 Neither party will be liable for any indirect or consequential losses arising out of or in connection with these Terms.
9.1 These Terms will continue for the Duration unless and until terminated by either party in accordance with these Terms.
9.2 The Duration shall automatically renew upon expiry unless either party gives the other party written notice not less than 30 days prior to the end of the then current Duration to terminate these Terms and without payment of any compensation or damage due to such termination.
9.3 iamYiam may terminate these Terms immediately on giving written notice to You if you cancel:
(a) two (2) or more Appointments in any thirty (30) day period; or
(b) four (4) or more Appointments in any six (6) month period,
unless such cancellation was unavoidable for reasons outside your reasonable control.
9.4 Either party may terminate these Terms immediately on giving written notice to the other party, where such other party:
(a) is in material breach of any of the terms set out in these Terms (including by non-payment of any fees) and does not remedy the breach, if the breach is capable of being remedied, within seven (7) days after receiving notice of the breach;
(b) is in material breach of any of the terms set out in these Terms and the breach is not capable of being remedied; or
(c) becomes insolvent or goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with creditors, or becomes subject to any similar insolvency event in any jurisdiction.
9.5 Where iamYiam has a right to terminate these Terms, iamYiam may instead suspend Your use of the Services or Website for any definite or indefinite period of time.
10. CONSEQUENCES OF TERMINATION
10.1 Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms:
(a) You will immediately cease to use the Services and the Website;
(b) iamYiam will remove Your Profile from the Platform and, if required, will suspend Your access to the Services; and
(c) You will remove any practitioner widget, website link or other reference to iamYiam from any website or social media profile that references You or Your services.
(d) each party will destroy any Confidential Information of the other and all copies of it.
10.2 iamYiam will pay You the Balance Fees for Appointments which have taken place prior to the date of expiry or termination in accordance with Clause 6.2. Appointments booked but which have not taken place at the date of termination shall be cancelled by iamYiam and no Balance Fees will be payable to You.
10.3 iamYiam will not provide any refund for any Subscription Fees paid in advance on termination of these Terms.
10.4 Clauses 4.6, 5, 6, 7, 8, 10, 12, 13 and 14 survive the expiry or termination of these Terms.
11. LINKS TO OTHER WEBSITES
11.1 iamYiam does not monitor the content of other websites and any links provided on the Website are for Your convenience only. iamYiam makes no representation or warranty as to the content of such third-party websites. iamYiam excludes all liability for any third-party material made available on the Platform or contained on any third-party website that it links to.
11.2 No links are permitted to the Website and other sites are not permitted to embed text in the Website without our express consent in writing. iamYiam will not allow any use of our logo as a ‘hot’ link to the Website unless approved in advance in writing.
12.1 Each party will preserve the confidentiality of all Confidential Information of the other party obtained in connection with these Terms, or use of the Services or the Platform. Neither party will, without the prior written consent of the other, use, disclose or make any Confidential Information available to any person, other than as contemplated by these Terms, save that each party may disclose the other party’s confidential information to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with these Terms. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this Clause 12.
12.2 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms.
12.3 Each party’s obligations under this Clause 12 will survive termination of these Terms.
12.4 The provisions of Clause 12.1 shall not apply to any information which:
(a) is or becomes public knowledge other than by a breach of this clause or other confidentiality obligation;
(b) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
(c) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
(d) is independently developed without access to the Confidential Information
(e) is required to be disclosed by law, a court of competent jurisdiction or any governmental or regulatory authority.
13. DATA PROTECTION & COOKIES
13.1 In this Clause 13, the terms:
(a) “controller”, “processor”, “personal data”, “special categories of data” and “processing” shall be as defined in the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“DPA”);
(b) “Your Data” shall mean the personal data (including any special categories of data) provided by You to iamYiam pursuant to these Terms; and
(c) “Consumer Data” shall mean the personal data (including any special categories of data) of consumers provided by iamYiam to You pursuant to or in connection with these Terms or Your use of the Website or the Services.
13.2 The parties acknowledge that:
(a) in relation to Consumer Data, both You and iamYiam are controllers; and
(b) in relation to Your Data, iamYiam is a controller.
13.3 In relation to the Consumer Data, each party shall process the Consumer Data in accordance with its obligations under the DPA.
13.4 In relation to Your Data, iamYiam shall process Your Data as necessary in order to carry out its obligations under these Terms and will implement security measure to keep Your Data secure and prevent unauthorised access. iamYiam shall not transfer Your Data outside of the European Economic Area. iamYiam may disclose Your Data to its third-party contractors, agents and representatives appointed by iamYiam to provide elements of the Services where those entities need access in order to fulfil their contractual obligations to iamYiam. You must ensure that Your Data is accurate and up to date by amending Your Profile as required.
14.1 Rights and Remedies: Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
14.2 Conflict: If there is an inconsistency between any of the provisions in these Terms and any relevant section of the Website, the provisions in these Terms shall prevail.
14.3 Entire Agreement: These Terms, and any documents or sections of the Website referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.
14.4 Waiver and Variation: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
14.5 Events Beyond Our Reasonable Control: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if and to the extent the delay or failure is due to any cause outside its reasonable control and the affected party notifies the other party as soon as reasonably practicable of the event giving rise to the delay or failure. This clause does not apply to any obligation to pay money.
14.6 No Assignment: You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
14.7 Rights of Third Parties: No person who is not a party to these Terms shall have the right, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights granted or benefits enjoyed under these Terms.
14.8 Severability: If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14.9 Notices: Any notice given under these Terms by either party to the other must be in writing and will be deemed to have been given on transmission. Notices to iamYiam must be sent via our contact form here. Notices to You will be sent to the email address provided when registering Your Profile or to such updated email address provided by You and agreed by iamYiam.
14.10 No Partnership: Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or (except as set out in Clause 2) authorise either party to act as agent for the other.
14.11 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).