1.1. In these terms and conditions, the following words have the following meanings:-
|
Access Hours |
the hours We permit access to the Unit |
|
This Agreement |
these terms and conditions and the information set out in the cover sheet |
|
Deposit |
the amount specified in the cover sheet |
|
Due Date |
the Start Date for the first period in the cover sheet and the first day of each subsequent period or the previous business day if the Due Date falls on a Saturday, Sunday or public holiday. |
|
End Date |
the date of termination of this Agreement in accordance with Condition 26 |
|
The Goods |
anything You store in the Unit at any time during this Agreement |
|
Normal Perils |
physical loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft or articles dropped from them, storm, flood, bursting &/or leaking pipes, ingress of water or other liquid substance, moth, insect or vermin, theft accompanied by forcible and violent entry to or exit from the building or Unit, riot, strike, civil commotion, malicious damage, and impact by vehicles of any kind. |
|
Notice Days |
[7] [14] [30] days |
|
Our Fees |
the amount specified in Your invoice for each period based on the amount specified in the cover sheet plus VAT. |
|
Prompt Payment |
In respect of payment of each and every sum due under this Agreement, payment on the Due Date or within two working days afterwards, and in respect of any sum being due under any other agreement between You and Us, payment within seven days of that sum being demanded in writing |
|
Site |
the premises on which the Unit is situated |
|
Start Date |
the date specified in the cover sheet |
|
Unit |
the storage unit specified in the cover sheet or any alternative storage unit We may specify under Condition 11 |
|
We, Us, Our |
the storage provider named in the cover sheet |
|
You, Your |
the customer named in the cover sheet |
1.2. Please note that all Unit sizes are approximate and We accept no responsibility for their accuracy. In agreeing to Our Fees You accept these apply to the Unit You use and not any Unit represented.
2. So long as Our Fees are paid up to date, We
license You but no other person:-
2.1. to use the Unit for the storage of Goods in
the Unit in accordance with this Agreement from the Start Date
until the End Date; and
2.2. to have access to the Unit at any time
during the Access Hours only for the purposes of depositing,
removing, substituting or inspecting the Goods and Your regular
inspection of the Unit for damage or unsuitability for the
Goods. No access to the Unit will be permitted for any other
purposes or outside Access Hours. We will try to provide
advance warning of changes in Access Hours by notices on Site, but
We reserve the right to change Access Hours to other reasonable
access times at any time without giving any prior notice.
3. Only You and persons authorised in writing or
accompanied by You will be allowed to have access to the
Unit. Any such person is Your agent for whose actions You are
responsible and liable to Us and to other users of units on the
Site. You may withdraw any authorisation at any time but the
withdrawal will not be effective until We receive it in
writing. We may ask for proof of identity from You or any
other person at any time (although We are not obliged by this
Agreement or otherwise to do so) and We may refuse access to any
person (including You) who is unable to provide satisfactory proof
of identity. We may refuse You or Your agents access at any
time if We consider in Our sole discretion that the safety of any
person on the Site, or the security of the Unit or its contents, or
other units or their contents, will be put at risk.
4. You are responsible for providing a secure
padlock for the Unit and You must ensure that the Unit is locked so
as to be secure from unauthorised entry at all times when You are
not in the Unit. We will not be responsible for locking
any unlocked Unit. You should not leave Your key with or
permit access to Your Unit to any person other than Your own agent
who is responsible to You and subject to Your control and if You do
so, You do so at Your own risk whether or not any such person is
Our employee or agent. We do not accept any liability for any
person including Our employee or agent holding Your key and having
access to Your Unit and any such person acts as Your agent
only.
5. You will permit Us and Our agents and
contractors to enter the Unit in the following circumstances and if
necessary We may break the lock to gain entry:-
5.1. if We give You not less than seven days'
notice so that We may inspect the Unit or carry out repairs,
maintenance and alterations to it or any other unit or part of the
Site;
5.2. at any time without notifying You:-
5.2.1. if We reasonably believe that the Unit
contains any items described in Condition 8 or is being used in
breach of Condition 9;
5.2.2. if We are required to do so by the
Police, Fire Services, Trading Standards, HM Revenue & Customs,
Local Authority or any other government or statutory authority or
by a Court Order;
5.2.3. for any purpose including that in
Condition 5.1, if We believe it is necessary in an emergency;
5.2.4. to obtain access in accordance with
Condition 11;
5.2.5. to obtain access in accordance with Our
powers under Condition 18;
5.2.6. to prevent injury or damage to persons or
property; or
5.2.7. for the purpose of ascertaining whether
the Unit contains any items described in Condition 8 or if We
reasonably consider that such entry is necessary to ascertain
whether action needs to be taken to prevent injury or damage to
persons or property.
6. You confirm and warrant to Us that throughout
this Agreement, the Goods in the Unit from time to time are Your
own property or that the person who owns or has an interest in them
has given You irrevocable authority to store the Goods in the Unit
on the terms and conditions in this Agreement and that You act as a
duly authorised agent of any such person. If this is not true
You will be liable for and will pay to Us in full the amount of any
costs, expenses, loss or damage which We incur or which We suffer
as a result of claims made against Us including but not limited to
any reasonably incurred legal fees and any costs or claims arising
from any step or action taken by any person who owns or has an
interest in the Goods.
7. We may refuse to permit You to store any
Goods or require You to collect any Goods from the Unit if in Our
opinion the safety of any person on the Site, or the security of
the Unit or its contents, or other units or their contents, would
be put at risk by the storage or continued storage of any such
Goods.
8. You must not store (and You must not allow
any other person to store) any of the following in the Unit:-
8.1. food or perishable goods unless securely
packed so that they are protected from and do not attract
vermin;
8.2. birds, fish, animals or any other living
creatures;
8.3. combustible or flammable materials or
liquids such as gas, paint, petrol, oil or cleaning solvents;
8.4. firearms, explosives, weapons or
ammunition;
8.5. chemicals, radioactive materials,
biological agents;
8.6. toxic waste, asbestos or other materials of
a potentially dangerous nature;
8.7. any item which emits any fumes, smell or
odour;
8.8. any illegal substances, illegal items or
goods illegally obtained, including counterfeit goods, illicit
(smuggled/counterfeit) tobacco, illicit alcohol, unlicensed
medicines, unsafe goods (including toys, electrical items,
cosmetics, fireworks);
8.9. compressed gases.
9. You must not (and You must not allow any
other person to):-
9.1. use the Unit or do anything on the Site or
in the Unit which may be a nuisance to Us or the users of any other
unit or any person on the Site;
9.2. do anything on the Site or in the Unit
which may invalidate any of Our insurance policies or those of
other unit users or increase the premiums payable on them;
9.3. use the Unit as offices or living
accommodation or as a home or business address and not use the
address of the Site or the Unit for receiving or sending
mail;
9.4. spray paint or do any mechanical work of
any kind in the Unit;
9.5. attach anything to the internal or external
surfaces of the Unit or make any alteration to the Unit;
9.6. allow any liquid, substance, smell or odour
to escape from the Unit or any noise to be audible or vibration to
be felt outside the Unit;
9.7. cause any damage to the Unit or any other
unit or the Site or its facilities or to the property of Us or any
other unit users or other persons on the Site and if You cause any
damage You must (at Our option) repair, restore or replace such
damage or item or reimburse the costs of making necessary repairs,
restoration or replacement or make proper compensation;
9.8. leave anything in or cause any obstruction
or undue hindrance in any passageway, stairway, service area or
other part of the Site and You must at all times exercise courtesy
to others and reasonable care for Your own safety and that of
others in using these areas.
9.9. leave any waste or refuse that is created
by storing the Goods. You will be charged the reasonable
costs of disposing of such waste or refuse if You fail to comply
with this term; or
9.10. connect or provide any utilities or
services to the Unit unless authorised in advance in writing by Us.
10. You must (and You shall ensure that anyone
authorised by You to use or access the Unit must):-
10.1. use reasonable care when on the Site or in
the Unit and take all reasonable care in respect of the Unit, the
Site, and the property of Us or any other unit users or other
persons on the Site;
10.2. inform Us of any damage or defect to the
Unit immediately You become aware of it;
10.3. comply with the reasonable directions of
any of Our employees, agents and contractors at the Site and
any further regulations for the use safety and security of the Unit
and the Site which We may issue from time to time;
10.4. pay for the reasonable cost of repairs to
or cleaning of or making good the Unit or the Site as a result of
any damage caused by You or anyone authorised by You to access and
use the Unit, including but not limited to Your removal, haulage or
delivery contractors; and
10.5. submit to Us an inventory of the Goods if
We shall request one.
11. This Agreement shall not confer on You any
right to exclusive possession of the Unit.
11.1. We may at any time by giving You seven
days' written notice require You to remove the Goods from the Unit
to another unit specified by Us which shall not be smaller than the
current Unit.
11.2. We may at any time by giving You notice
require You to remove the Goods from the Unit to another unit
specified by Us, which shall not be smaller than the current Unit,
in the event of a fire or flood or other incident or occurrence at
the Site which in Our opinion requires the Unit or any part of the
Site to be closed or sealed off.
11.3. We agree to pay Your reasonable costs of
removal which have been approved in writing by Us in advance of the
removal.
11.4. If You do not arrange the removal of Goods
to the alternative unit by the date specified in Our notice, We and
Our agents and contractors may enter the Unit and do so. In
doing so, We and Our agents and contractors will act as Your agent
and the removal will be at Your risk (except for loss or damage
caused wilfully or negligently by Us and Our agents and
contractors, subject to the aggregate limit of Our liability
contained in Condition 22).
11.5. If the Goods are moved to an alternative
unit, this Agreement will be varied by the substitution of the
alternative unit number but shall otherwise continue in full force
and effect and Our Fees at the rate set out in the cover sheet or
as subsequently varied in respect of the original Unit will
continue to apply to Your use of the alternative unit.
12. You must pay Us Our Fees for the minimum
period of storage on signature of this Agreement and for each
successive period You must pay Our Fees on the Due Date. All
sums payable to Us under the Agreement will become due immediately
upon termination of the Agreement in accordance with Condition
26.
13. We may alter Our Fees at any time by giving
You written notice and the new Fees shall take effect on the first
Due Date occurring not less than four weeks after the date of Our
notice. You may terminate this Agreement without charge at
any time before the new Fees take effect by giving notice in
accordance with Condition 26.1.
14. If You do not pay Our Fees on the Due Date,
You must pay Us an administrative charge for late payment which is
the larger of 10 per cent of Our Fees or £10.
15. We will not accept that payment has been
made until We have received cleared funds. In the event that
any cheque or direct debit is dishonoured, We may charge You an
administrative charge of £15.
16. Additionally, if You do not pay on time, You
must pay Us interest on all amounts overdue for payment from You at
the rate of 5% above the base rate of NatWest Bank PLC, calculated
from the date when payment becomes due up to and including the date
of actual payment including all accrued interest, whether before or
after judgment, and whether or not We exercise the right of sale
under this Agreement.
17. You must pay Us the Deposit on Your
signature of this Agreement.
17.1. The Deposit will be returned to You
(without interest) after this Agreement terminates less any amount
We may in Our sole discretion deduct to cover:-
17.1.1. any breach of Conditions 9 and 10;
17.1.2. any of Our Fees which have not been paid
or any unpaid removal or other charges; or
17.1.3. any other obligation to Us that You have
not performed.
17.2. We reserve the right to deduct or withhold
from the Deposit an amount equal to the costs of repairs to or
cleaning of the Unit or the Site which We consider is required as a
direct or indirect result of the storage of the Goods within the
Unit or Your breach of this Agreement, in order to bring the Unit
and the Site up to substantially the same standard and condition as
it was in at the Start Date.
17.3. We will refund the Deposit (or the balance
of it if We have made any deductions) to You within 21 days of the
End Date. Any such refund will be by company cheque or an
electronic transfer to a credit/debit card. No refunds will
be given in cash.
18. We bring to Your attention that We take the
issue of Prompt Payment very seriously and have a right of
lien. If any sum owing from You to Us under this Agreement or
any other agreement between You and Us (in this Condition called
"Your Debt") is not paid when due, then We have the rights set out
in this Condition 18.
18.1. The terms of this Condition are additional
to and do not affect any and all rights We may have at common law
or otherwise.
18.2. We are entitled to hold on to the Goods
until Your Debt has been paid in full and received by Us in cash or
by direct debit or, if by cheque, until the cheque has been paid by
Your bank.
18.3. We shall be entitled to invoice You and
You shall pay Us fees and charges at the same rates as under this
Agreement and if this Agreement has been terminated, the relevant
rate at which such fees and charges will be payable by You will be
the rate which was payable immediately prior to termination.
18.4. You authorise Us;-
18.4.1. to refuse You and Your agents access to
the Goods, the Unit and the Site and to install a new lock on the
Unit until the outstanding amount has been recovered by Us in
full;
18.4.2. to enter the Unit and inspect and remove
the Goods to another unit or Site and to charge You for all
reasonable Costs incurred by Us in moving and storing Your Goods
together with any repeated costs if We reasonably require to move
Your Goods at any time afterwards;
18.4.3. to hold onto and/or ultimately dispose
of some or all of the Goods.
18.5. In the event that You do not pay any of
Our Fees or charges and the Goods are left in the Unit, they may be
removed and stored in an alternative location at Your sole
risk. We exclude any liability in respect of the Goods when
payment of Our Fees or charges is overdue and exclude any duty of
care how ever it may arise.
18.6. In the event that Your Debt is not paid
promptly or You fail to collect the Goods after We have required
You to collect them or upon expiry or termination of this
Agreement, We may, subject to Condition 18.8, sell the Goods as if
We were the owners and You acknowledge that We will pass all rights
of ownership in the Goods to the buyer. We will use the
proceeds of sale to pay first the costs incurred by Us in the sale
and removal, and second to pay Your Debt. We will hold any
balance for You. Interest will not accrue to You on the
balance.
18.7. If the proceeds of sale are insufficient
to discharge all or any part of the costs of sale incurred by Us
and Your Debt, You must pay any balance outstanding to Us within
seven days of a written demand from Us which will set out the
balance remaining due to Us after the net proceeds of sale have
been credited to You. Interest will continue to accrue on
Your Debt until payment has been made. We may take action to
recover the outstanding amounts including any legal and
administration costs that are incurred.
18.8. Before We sell the Goods, We will give You
notice in writing by registered or recorded delivery post at Your
address on the cover sheet or any other address in the UK notified
by You to Us in writing before We send Our notice. If You
have not provided Us with an address in the UK We will try to
contact You at any address You have provided which may include
email. Our notice will specify the amount of Your Debt at the
date of the notice (and, in Our sole discretion, specifying any
amount by which Your Debt is increasing after the date of that
notice) and will direct You to pay Us. It will also specify
that, if You fail to pay within one month after the date of the
notice, We will sell the Goods. We do not agree to give You
any further notice of any intended sale.
18.9. We will sell the Goods for the best price
reasonably available in the open market, taking into account the
costs of sale.
18.10. If the Goods cannot reasonably and
economically be sold (for any reason whatsoever), or they remain
unsold despite Our efforts, You authorise Us to treat them as
abandoned by You and to destroy or otherwise dispose of them at
Your cost.
19. Because the nature and type of goods being
stored by You from time to time is entirely Your choice (subject to
Condition 8 and 9) You must ensure that the Unit is suitable for
the storage of the goods that You store or intend to store in
it. We do not warrant or represent that any unit allocated to
You is a suitable place or means of storage for any
particular goods. We strongly advise You to inspect the Unit
before storing Goods in the Unit and from time to time throughout
the period of this Agreement.
20. We do not insure the Goods.
20.1. Storage of Goods in the Unit is at Your
sole risk. However, it is a condition of this Licence that
Your Goods must remain insured at all times while they are in
storage and You must supply Us with evidence of taking out such
insurance cover before this contract can be signed.
20.2. You warrant and confirm to Us as
follows:
20.2.1. that prior to bringing the Goods onto
the Site You have insured or will insure the Goods against all
Normal Perils under a valid contract of insurance with a reputable
insurance company for their full replacement value as new and will
not cause or allow that insurance cover to lapse whilst the Goods
or any of them remain on the Site; and
20.2.2. that the insurance cover will not be for
a sum which is lower than the full replacement value as new of the
Goods stored in the Unit from time to time.
20.3. You warrant and confirm to Us further
that:
20.3.1. You have written on the cover sheet the
full replacement value as new of all the Goods;
20.3.2. the aggregate value of the Goods stored
in the Unit from time to time will not exceed that value; and
20.3.3. this warranty is repeated by You to Us
at each Due Date.
20.4. We may offer to insure Your Goods on Our
Open Cover policy as per the insurance options section in the cover
sheet.
20.5. We do not give any advice concerning the
insurance cover given by any insurance policy and it is for You to
make Your own judgement whether the cover provided is appropriate
to cover the Goods and risks to them.
20.6. If You take Your own cover and produce
evidence of this to Us, the fact that We inspect any insurance
documents does not mean that We have approved the cover or
confirmed that it is suitable or sufficient.
20.7. Nothing in this Condition 20 shall make or
be deemed to make Us Your agent.
21. If You fail to pay any insurance premium
then any insurance cover in respect of the Goods will cease
immediately from the date such premium is due.
22. Our Liability
22.1 We exclude all liability in respect
of:-
22.1.1 loss or damage relating to Your business,
if any, including consequential loss, lost profits or business
interruption; and
22.1.2 loss or damage to the Goods caused by
Normal Perils, including as a result of negligence by Us, Our
agents and/or employees above the sum of £100 which We consider to
be the normal excess on a standard household insurance policy
whether or not that policy would cover the Goods.
22.2 We do not exclude liability for physical
injury to or the death of any person and which is a direct result
of Our negligence or wilful default or that of Our agents and/or
employees.
23. You will be liable for and will compensate
Us for the full amount of all claims, demands, liabilities,
damages, costs and expenses incurred by Us or by any of Our
employees or agents or other unit users or persons on the Site
which arise out of the use of the Unit or the Site by You or by any
of Your employees, agents or persons You invite or authorise to
access the Site or the Unit or which arise out of the breach of
this Agreement by You.
24. In the event of circumstances which are
outside Our reasonable control and their consequences, We do not
agree and are not obliged by this Agreement to maintain the safety
or security of the Goods, the Unit or the Site in order to keep the
Goods free from damage or loss. In certain cases We may not
be able to allow You access to the Unit or Site. We shall
have no liability under or be considered to be in breach of this
Agreement for any delay or failure in performance of Our
obligations under this Agreement which results from circumstances
beyond Our reasonable control. Such circumstances include any
Act of God, riot, strike or lock-out, trade dispute or labour
disturbance, accident, breakdown of plant or machinery, fire,
flood, shortage of labour, materials or transport, electrical power
failures, threat of or actual terrorism or environmental or health
emergency or hazard, or entry into any unit including the Unit or
the Site by, or arrest or seizure or confiscation of Goods by
competent authorities. If this happens, then We will not be
responsible for failing to allow access to Your Goods for so long
as the circumstances continue. We will try to minimise any
effects arising from such circumstances
25. This Agreement shall expire on the End Date
as described in Condition 26.
26. Either You or We may terminate this
Agreement:-
26.1. by giving to the other written notice of
not less than the required number of Notice Days ending on any Due
Date and termination will take effect from that Due Date, which
shall be the End Date; or
26.2. If We commit a breach of this Agreement
and, if the breach can be put right We do not put it right within
14 days of You notifying Us of the breach, then You may immediately
terminate this Agreement by notice in writing to Us;
26.3. If You commit a breach of this Agreement
and, if the breach can be put right You do not put it right within
14 days of Us notifying You of the breach, then We may immediately
terminate this Agreement by notice in writing to You.
27. Immediately on the End Date, You must remove
all goods from the Unit and leave the Unit clean and tidy and in
the same condition as at the Start Date. If You do not do so,
You shall pay Our costs of cleaning the Unit or disposing of any
goods or rubbish left in the Unit or on the Site. If You do not
make Prompt Payment of Our Fees and any payments due to Us under
this Agreement, We are relieved of any duty howsoever arising in
respect of the Goods and they are held solely at Your risk. We may
treat Goods remaining in the Unit after the End Date as abandoned
and may dispose of them in accordance with Conditions 18.5 to
18.10. You will also be responsible for the removal of any
rubbish You create during this Agreement or following the End Date
and We do not provide waste bins for Your use. If You leave
rubbish on the Site or use Our bins a charge will be applied to
Your account for the costs of its removal.
28. If You do not comply with any notice You
give Us by removing all Goods from the Unit on the End Date then
You will have to give notice again and We shall be entitled to be
paid Our Fees for the period to the new End Date.
29. Termination will not affect either Your or
Our outstanding rights or duties, including Our right to recover
from You any money You owe Us under this Agreement.
30. Where this Agreement has terminated and You
have paid more of Our Fees and charges than are due at the
Termination Date, We will refund the balance to You after deduction
of any payments due to Us as if the balance were a Deposit under
Condition 17. No interest will accrue on any money held by Us
for You. Where any payments are still outstanding from You,
You must pay Us in full including any outstanding interest before
We will release the Goods to You.
31. You agree to examine the Goods carefully at
the time You remove them from the Unit and must tell Us about any
loss or damage to the Goods as soon as is reasonably possible after
doing so.
32. If We decide not to exercise or enforce any
right that We have against You at a particular time, then this does
not prevent Us from later deciding to exercise or enforce that
right unless We tell You in writing that We have waived or given up
Our ability to do so.
33. If any court or competent authority decides
that any of the provisions in this Agreement are invalid, unlawful
or unenforceable to any extent, the provision will, to that extent
only, be severed from the remaining terms, which will continue to
be valid to the fullest extent permitted by law.
34. We consider this Agreement sets out the
whole agreement between You and Us in relation to the grant to You
by Us of a licence to use and access the Unit.
35. We may, at any time, modify any of the terms
of this Agreement and to change or impose new or additional terms
and conditions as long as such modifications and/or additional
terms and conditions are notified to You in writing and signed by
one of Our directors. None of Our other employees or agents
has any authority to vary this Agreement on Our behalf whether
orally or in writing or to make any representation of fact that is
or may be inconsistent with the terms of this Agreement. If
You are notified of any changes and do not take any steps to
terminate this Agreement, Your continued use of the Unit will be
considered as Your acceptance of and agreement to the amended
terms. You may terminate this Agreement without charge at any
time before the changes take effect by giving notice in accordance
with Condition 26.1
36. This Agreement is personal to You. You
may not assign or transfer any of Your rights under this Agreement
or part with possession of the Unit or Goods whilst they are on the
Site to any other person, firm or company and a breach of this
Condition is a serious breach under Condition 26.3.
37. You agree that it is not intended that
anyone other than You and Us will have any rights under this
Agreement and accordingly the Contracts (Rights of Third Parties)
Act 1999 shall not apply to this Agreement.
38. This Agreement shall be governed by English
law and any dispute or claim that either You or We bring will be
decided on the basis of the laws of England and Wales by the Courts
of England and Wales unless You request that Your local United
Kingdom law or jurisdiction should apply (in which case that other
relevant United Kingdom law and/or jurisdiction shall apply).
39. This Agreement shall not create a lease or
tenancy or constitute Us as bailees of Goods.
40. Where You are two or more persons Your
obligations under this Agreement shall be obligations of each of
You separately.
41. Where You or We are required to give notice
under this Agreement, any notice must be in writing and will only
be considered to have been given to the other if it has been
delivered by hand to the person notified or sent to its address or
by pre-paid post. Any notice from Us to You will be sent to
Your address written in the cover sheet or any other address in
England which You have previously notified to Us in writing.
Any notice to You will also be sent to any owner(s) of the Goods
(whether sole, joint, or co-owners) if You have previously notified
Us of their name(s) and address(es). Any notice from You to
Us must be sent to Our address set out in the cover sheet. A
notice will be served at the time of personal delivery or
forty-eight hours after it has been placed in the post.
42. We collect information about You when You
register with Us and throughout the course of this Agreement.
This information includes Your personal data ("Your Data") and We
process Your Data in accordance with the Data Protection Act
1998.
42.1. Your Data will be used for the purposes of
this Agreement, processing payments, communicating with You and
generally maintaining Your account with Us.
42.2. We may share Your Data with, and obtain
information about You, from credit reference agencies or fraud
prevention agencies or trade associations of which We are a
member. If You apply to Us for insurance We will pass Your
details on to the insurer. The information provided by You
may be put onto a register of claims and shared with other insurers
to prevent fraudulent claims.
42.3. We will release Your Data and other
account details at any time if We consider in Our sole discretion
that such release is appropriate: (a) to comply with the law; (b)
to enforce this Agreement; (c) for fraud protection and credit risk
reduction; (d) for crime prevention or detection purposes; (e) to
protect the safety of any person at the Site, or (f) if We consider
the security of the Unit or its contents, or other units at the
Site or their contents may be put at risk.
42.4. In the event that We sell or buy any
business or assets, We may disclose Your Data and account details
to the prospective seller or buyer of such business or assets or if
We or substantially all of Our assets are acquired by a third
party, Your Data and account details will be one of the transferred
assets.
42.5. If You agree, We will use Your Data for
Our marketing and other like or related purposes, including to
provide You with information, products or services that You request
from Us or which We feel may interest You. If You agree, We
shall also pass on Your Data to selected third parties to provide
You with information about goods and services which may be of
interest to You. Your choice with regard to the relevant use
of Your Data is indicated in the cover sheet.
42.6. You have the right to request a copy of
the information that We hold about You. If You would like a
copy of some or all of Your personal information, please email or
write to Us at the address set out in the cover sheet. We may
make a small charge for this service.
43. Before taking any court proceedings for
anything arising out of this Agreement (apart from emergency court
proceedings), the complaining party shall inform the other party in
writing of the dispute in as much detail as possible and You and We
agree to try informal conciliation within twenty business days of
the notice of the dispute. If the dispute cannot be resolved,
You and We agree to use the Centre for Alternative Dispute Solution
to try to resolve the dispute amicably by using an Alternative
Dispute Resolution procedure before taking any other step. If
the dispute is not resolved to mutual satisfaction within 90 days
after notice of the dispute has been given, You or We may submit
the dispute to the Court. This Condition does not affect the
right of either You or Us to terminate this Agreement.