ami Creates
terms of use

THESE TERMS OF USE (“TERMS”) SET OUT THE TERMS AND CONDITIONS ON

WHICH ADRIAN MYERS IMAGE ARCHIVE LTD (TRADING AS “AMI CREATES”)

(COMPANY REGISTRATION NUMBER: 11163323) HAVING ITS REGISTERED

OFFICE ADDRESS AT CRONULLA, THURSLEY ROAD, ELSTEAD, GODALMING,

GU8 6ED (“WE”, “US” OR “OUR”) PROVIDES YOU (“YOU” OR “YOUR”) WITH

ACCESS TO AND USE OF AMI SERVICES.

PLEASE READ THESE TERMS VERY CAREFULLY AND, IF YOU ARE UNDER 13,

PLEASE PAY PARTICULAR ATTENTION TO CLAUSE 2.3.3 BELOW.

IF YOU ARE RECEIVING EVENTS PHOTOGRAPHY SERVICES FROM US (AND/

OR OUR AFFILIATE COMPANY, AMI CREATIVE SOLUTIONS LIMITED),

ADDITIONAL TERMS & CONDITIONS APPLY.

IF YOU WISH TO ACCESS AMI SERVICES VIA THE AMI APP, YOU WILL NEED A

DEVICE (AS DEFINED BELOW) CAPABLE OF ACCESSING IT.

IF YOU ACCESS THE AMI SERVICES:

(I) VIA THE AMI APP, YOU ACKNOWLEDGE AND AGREE THAT BY

CLICKING ON “I ACCEPT” WHEN ASKED TO DO SO, YOU SIGNIFY

THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND

BY THESE TERMS AND THAT YOU WILL USE THE AMI SERVICES IN

ACCORDANCE WITH THEM;

(II) VIA ANOTHER METHOD (SUCH AS VIA THE WEBSITE, IN PERSON OR

OTHERWISE), YOU ACKNOWLEDGE AND AGREE THAT BY

PURCHASING AMI SERVICES, YOU SIGNIFY THAT YOU HAVE READ,

UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND

THAT YOU WILL USE THE AMI SERVICES IN ACCORDANCE WITH

THEM, AND IN EITHER CASE (AS SET OUT ABOVE), IF YOU DO NOT ACCEPT THESE

TERMS, YOU WILL NOT BE ABLE TO AND SHOULD NOT ATTEMPT TO USE

THE AMI SERVICES.

WE MAY MODIFY OR UPDATE THESE TERMS AT ANY TIME. ANY SUCH

MODIFICATION OR UPDATE WILL BE DISPLAYED AND ACCESSIBLE THROUGH

THE AMI APP. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS,

INCLUDING ANY UPDATES OR MODIFICATIONS WHICH MAY BE MADE BY US

FROM TIME TO TIME. BY CONTINUING TO USE THE AMI APP YOU

ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THE TERMS AS ARE IN

FORCE AT THAT TIME.

1. Definitions

The following definitions and terms will have the following meanings in these Terms:

“Additional Services” means service(s) other than the AMI Package that

may be made available on or via the AMI App or

otherwise, such as “re-touching”, subject to payment of

additional fees, as such service and fee is further

described on the Website and/ or in the AMI Brochure or

as otherwise agreed between You and Us (and which

may include services that You request following the

receipt of Events Photography Services);

“Administrator” means the User that instructs Us to create a Family

Archive on the AMI App so that other User(s) may

participate in such Family Archive;

“AMI App” means the object code form of the mobile application(s)

We make available to download and install onto Your

Device via the Apple Store (or via another app store of

which We may notify You) and which includes any

updates, enhancements, modifications or variations

thereto, which gives You the ability to access to the AMI

Services;

“AMI Brochure” means any emails and/or documentation sent or

provided by AMI which describe the AMI Packages (and

other AMI Services);

“AMI Services” means the services offered by AMI whether via the AMI

App, Website or otherwise, from time to time, including

the AMI Package and any Additional Services (excluding

any Event Photography Services);

“AMI Package” means the particular service that a User purchases,

which may include one or more of the following

packages known as:

i. the Discover package;

ii. the Curate package;

iii. the Create package,

as such packages are further described on the Website

and/or in the AMI Brochure or as otherwise agreed

between You and Us;

“Family Archive” means a group of Users who are connected on the AMI

App (following the instructions of the Administrator) and

who have given permission to the Administrator for their

photos and all other User content to be included and

therefore viewable in such archive on the AMI App or in

another AMI Service;

“Comments” means any comments, images, links, material or other

information You may make available through the AMI

App;

“Contract” means the contract between You and Us in respect of

Your use of the AMI Services, which incorporates these

Terms and our Privacy Policy;

“Device” means any device on which You access the AMI App,

including any smartphone or tablet;

“Events Photography Services” means any photography or videography services We

provide to You at an event, as agreed between you and

Us, and which are provided subject to separate events

photography terms and conditions;

“Permissions” means the access permissions set by a User which

govern the User’s access to and participation in the AMI

App (including a Family Archive);

“Profile” means the user profile You create on the AMI App which

includes Your details, Your personal archive and

Permissions as may be selected by You from time to

time;

“Users” means You and any user of the AMI App with whom You

can interact via the AMI App in accordance with the

Permissions;

“Website” means www.ami_creates.com;

“Yearbook” means a collection of the images from Your Profile

and/or Your Family Archive that We or You select as and

deem to be the best during a particular subscription

period and collate either into a digital album and/or into

a hard copy album.

2. About AMI Creates

2.1 AMI App is owned and managed by ADRIAN MYERS IMAGE ARCHIVE LTD.

All information supplied through the AMI APP is managed by Us and/ or by our

sister company, AMI CREATIVE SOLUTIONS LTD.

2.2 AMI Creates can be contacted by referring to the “Contact Us” option on the

Website, AMI APP and/or in the AMI Brochure or otherwise by email at

ami@ami-creates.com.

2.3 By using the AMI Services, You warrant that:

2.3.1 You are legally capable of entering into binding contracts;

2.3.2 You are not in any way prohibited by any applicable law, in the

jurisdiction in which You access and use the AMI Services, to enter into

these Terms; and

2.3.3 You are at least 13 years old. If You are under the age of 13, You must

ask a parent or guardian over the age of 13 to enter into these Terms on

Your behalf. As a parent or guardian of someone under the age of 13,

You are responsible for ensuring that person's use of the AMI App is at

all times in accordance with these Terms.

2.4 Some AMI Services require payment before you can access them. You can

learn more about our different services by contacting us at ami@amicreates.

com.

2.5 We will explain which services are available to you when you are signing up.

All of the AMI Services may not be available to all users.

3. Registration and use of the AMI App

3.1 In order to access and use the AMI App, You must download the AMI App from

an App Store.

3.2 When You have completed and submitted Your registration details, We will

send You a welcome email (“Welcome E-mail”) to the e-mail address provided

by You. The Welcome E-mail will contain details on how You may start to use

the Website and/or AMI App.

3.3 You hereby warrant that the information that You submit to Us through the

registration process and thereafter is truthful, accurate and error-free. You

further warrant that You will inform Us promptly in the event that Your details

change.

3.4 You agree that at all times, You shall:

3.4.1 not allow any other person to use Your Profile;

3.4.2 not use the information presented on the AMI App for any purposes other

than those expressly set out in these Terms;

3.4.3 not do anything likely to impair, interfere with or damage or cause harm

or distress to any persons using the AMI App;

3.4.4 promptly notify Us if there is any actual or suspected breach of security

or any unauthorised use or attempted use of Your Profile;

3.4.5 not use the AMI App with an incompatible or unauthorised Device;

3.4.6 co-operate with any reasonable security or other checks or requests for

information We make from time to time; and

3.4.7 use the information made available to You via the AMI App at Your own

risk.

3.5 We reserve the right to accept or reject any registration application and to

refuse Your access to the AMI App at any time at Our sole discretion.

3.6 Your use of the AMI App is free of charge when you purchase an AMI Package

or Additional Services for which fees are payable, so by accepting these Terms

You acknowledge and agree that there may be additional costs and charges

associated with using the AMI Services.

4. Access to AMI Services

4.1 In consideration of your compliance with the Terms, we hereby grant to you a

non-exclusive, non-transferable (without a right to sub-licence) licence to

access the AMI App for the purpose of using the AMI Services for the duration

of your Contract, for personal purposes only.

4.2 You are solely responsible for ensuring that Your Profile contains accurate and

correct details.

4.3 You may update Your Profile by updating Your details at any time.

4.4 You shall, at all times:

4.4.1 comply with all applicable laws, regulations, directives and legislations in

Your use of the AMI App;

4.4.2 comply with any guidelines provided and reasonable requests or

instructions issued by Us from time to time, including without limitation

security checks, in respect of Your use of the AMI App;

4.4.3 access the AMI App from an authorised and compatible Device, and

accordingly You shall ensure that such Device complies with any

minimum specifications required for Your Device to install and use all

features of the AMI App; and

4.4.4 ensure your Device contains adequate anti-virus protection.

4.5 You shall notify Us in writing immediately if You become aware of any breach

of these Terms and/or inappropriate behaviour in connection with the AMI

Services.

4.6 You shall not use the AMI Services and/or any information or data taken from

or derived from use of the AMI Services:

4.6.1 to commit any criminal act, promote any illegal activities or provide

instructional information about illegal activities, including violating

someone else’s privacy or providing or creating computer viruses;

4.6.2 to post anything which could be considered defamatory or blasphemous,

or which is likely to cause any person, particularly other Users, any form

of harm or distress;

4.6.3 to infringe any intellectual property rights or other rights of any third

parties;

4.6.4 in a way that may reasonably be deemed to be offensive, illegal,

inappropriate or in any way promote racism, bigotry, hatred or physical

harm of any kind against any group or individual or to harass or advocate

harassment of another person;

4.6.5 to display pornographic or sexually explicit material; and

4.6.6 to engage in or promote commercial activities and/or sales without Our

prior written consent.

4.7 If you choose to store Your images using AMI Services, You must also preserve

Your original images and content or make back-up copies on Your own

personal system. The AMI Services should not be used as Your only storage

or archive facility for Your images and content.

4.8 The default setting in the AMI App is for You to manually select using the

“Photopicker” function which photographs (and if applicable videos) are shared

and uploaded to the AMI Services. Please note if you select the “AutoUpload”

function in the App that means all photographs (and if applicable videos) that

you take using your device will automatically be uploaded to the AMI Services.

4.9 Except as expressly permitted in these Terms, You shall not, and shall not

permit others to (i) modify, translate, create derivative copies of or copy the AMI

App, in whole or in part; (ii) reverse engineer, decompile, disassemble or

otherwise reduce the object code of the AMI App to source code form; (iii)

distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a

security interest in, use for service bureau purposes, or otherwise transfer the

AMI App or Your right to use the AMI App; (iv) remove or modify any copyright,

trademark, or other proprietary notices belonging to Us or Our licensors

contained within the AMI App; or (v) use the AMI App in any manner not

expressly authorised by these Terms.

4.10 In the event that We are notified that You are making any illegal and/or

unauthorised use of the AMI App, and/or Your use of the AMI App is in breach

of these Terms, We reserve the right to take any action that We deem

necessary, including without limitation removing any Comments that You have

posted or images You have uploaded, terminating Your Contract without notice

and instigating legal proceedings. Further, without prejudice to Our rights and

remedies, We reserve the right to promptly suspend Your access to the AMI

App if We have any reason to believe that You have breached any of the

provisions of these Terms. We are entitled but not obliged to check the

appropriateness of the content You upload.

Family Archive

4.11 We cannot accept any liability for any Family Archive you ask Us to set up

through the AMI App.

4.12 We will set up Your Family Archive following receipt of the details of each User

to be added to such archive. Each User will be able to set their own

Permissions.

4.13 We cannot accept any responsibility for any loss that You or another User may

suffer from setting up or participating in Your Family Archive.

4.14 Once You have successfully registered, You may participate in a Family

Archive through the AMI App and use the other AMI Services which You have

purchased (or otherwise requested). You shall ensure the accuracy and

completeness of all information entered by You and that it complies with any

guidelines available on the AMI App from time to time.

4.15 You hereby indemnify and shall keep Us indemnified in full and on demand

against all costs (including reasonable legal costs), claims, damages, losses

and expenses incurred or suffered by Us arising out of or in connection with

any claim or action brought against Us by other Users or any third party arising

out of or in connection with Your use of the AMI App, including (without

limitation) your instructions relating to the use of and/or participation in a Family

Archive and/or the related Permissions.

4.16 You shall not conduct any direct marketing using personal information (which,

for the avoidance of doubt, shall include all email addresses) that came into

Your possession only through Your use of and activities on the AMI App, nor

will You disclose such personal information to any third party without the data

subject’s express written consent.

Payment

4.17 The AMI Services can be purchased directly from Us. Payment for the Discover

Package is due and payable upfront. Payment for the Curation Package and

the Create Package is due and payable in two instalments; 50% upfront and

50% on completion.

4.18 When you register for the AMI App, you consent to get access immediately. If

you register for AMI Services online, you may change your mind for any or no

reason and receive a full refund of any and all monies paid within fourteen (14)

days starting from the day you sign-up for the AMI Service (the “Cooling-off

Period”). Refunds will not, however, be provided if you have accessed or

participated in the AMI App or other AMI Services at any time during the

Cooling-off Period or for any bespoke services purchased or agreed with Us.

The Cooling-Off Period is not applicable to the purchase of AMI Packages given

that these are delivered in accordance with Your specification.

4.19 If you cancel your payment for Your use of the AMI App:

(1) after you have accessed, set up or used the AMI App during the

Cooling-off Period; or

(2) after the Cooling-off Period is over (where applicable); or

(3) before the end of the then current subscription period (if applicable),

then We will not refund any fees already paid.

If you wish to receive a full refund of all monies paid before the Cooling-off

Period is over, you must contact Us at ami@ami-creates.com.

4.19 We may change the price for the Services from time to time, and will

communicate any price changes to you in advance and, if applicable, how to

accept those changes. Price changes for AMI Packages will take effect at the

start of the next subscription period following the date of the price change. Your

subscription to the AMI App will automatically renew on an annual basis unless

you let Us know that you do not wish to renew. As permitted by local law, You

accept the new price by continuing to use the Service after the price change

takes effect. If you do not agree with the price changes, you have the right to

reject the change by unsubscribing from the Service prior to the price change

going into effect. Please therefore make sure you read any such notification of

price changes carefully.

Additional terms relating to Yearbooks

4.20 If you purchase a Yearbook and you have purchased either the Gold or the

Platinum option, You will have the option to review the Yearbook (via email)

before we print the album and deliver it to You.

4.21 When the Yearbook is shipped to You (automatically if you have purchased the

Copper option, or following Your approval if you have purchased the Gold or

Platinum option), we will send You a “dispatch” email. The Yearbook is nonrefundable,

unless (once You receive it) it is damaged or faulty, in which case,

please contact Us, together with evidence of the damage or fault, and We will

send you a replica Yearbook following Our receipt of the original Yearbook from

You.

4.23 Note that We may decline to print an approved Yearbook and/or choose not to

archive certain content in certain circumstances, namely if it:

- breaches the requirements of these Terms;

- contains images which infringe any content rules that We notify you of,

including (without limitation) those at paragraph 4.6, above;

- contains images which are corrupted, unsupported technically or

inadequately pixelated; and/or

- the album materials or styles being unavailable.

4.24 If We reject a Yearbook, including as outlined above, We will inform You and

liaise with You to produce another Yearbook (in digital format) for Your approval

via email (unless you have purchased the Copper option, in which case Your

approval is not required).

5 Availability of the AMI App and other Services

5.1 We will use Our reasonable endeavours to make the AMI App available to You at

all times, but We cannot guarantee that the AMI App will be uninterrupted or fault

free.

5.2 The electronic communications network, through which the AMI App is supplied, is

not controlled by Us and may from time to time be upgraded, modified, subject to

maintenance work or otherwise amended by the owner of that network. Such

circumstances may result in the AMI App and other AMI Services being temporarily

unavailable. We will take reasonable action to minimise the disruption caused by

such circumstances, but some such interruptions may not be avoidable.

5.3 We use industry standard security measures to protect against the loss, misuse

and alteration of the information, data and/or content handled by Us. However, You

acknowledge and agree that We cannot guarantee complete security of such

information, data and/or content or that Our security measures will prevent hacks,

worms, bugs, trojans or such other similar devices that may allow access to or

unauthorised viewing of such information, data and/or content.

5.4 We reserve the right to make changes to the AMI Services available from time to

time including without limitation, the removal, modification and/or variation of any

elements, features and functionalities of the AMI App and/or AMI Services.

5.5 You acknowledge and agree that:

5.5.1 We are in no way linked, connected or affiliated with any App-Store provider;

5.5.2 access to and use of the AMI App may be limited by Your network carrier;

5.5.3 You acknowledge that You will not be able to access and use certain

functionalities of the AMI App unless You have internet access through a

GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access

charges incurred due to the use of the AMI App are subject to Your agreed

terms with Your mobile network provider;

5.5.4 neither Your airtime provider nor any App kiosk or kiosk operator (including but

not limited to any App-Store provider) shall bear any responsibility or liability

whatsoever in relation to sale, distribution, functionality, accessibility,

performance or non-performance of the AMI App;

5.5.5 Your airtime provider and any App kiosk or kiosk operator (including but not

limited to any App-Store provider) are third party beneficiaries in respect of this

clause and accordingly have the right to enforce the provisions of this clause;

5.5.6 We are solely responsible for providing any support and maintenance in respect

of the AMI App; and

5.5.7 You will comply with any third party terms and conditions, which may be

applicable from time to time in relation to Your use of the AMI App.

5.6 Further, where You have obtained the AMI App from the Apple iOS App-Store, You

acknowledge and agree that:

5.6.1 You are not located in a country that is subject to a US Government embargo

or that has been designated by the US Government as a ‘terrorist supporting’

country;

5.6.2 You are not listed on any US Government list of prohibited or restricted parties;

5.6.3 these Terms are concluded between You and Us and accordingly Apple is not

a party to these Terms;

5.6.4 Apple has no obligation to provide any maintenance and support services in

respect of the AMI App;

5.6.5 if the AMI App fails to conform to any warranty herein, You may notify Apple

following which Apple will refund You the purchase price paid for the AMI App

(if any). Apple will have no further liability whatsoever in respect of any such

failure;

5.6.6 Apple has no responsibility to address any claims by You or any third party

whatsoever with respect to the AMI App;

5.6.7 Apple shall not be responsible for any claims made by any third party that the

AMI App infringes any third party intellectual property rights; and

5.6.8 ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.

6 Term and Termination

6.1 Subject to clause 3.5, Your Contract shall commence on the date You receive the

Welcome E-Mail. Your Contract shall remain in full force and effect for the duration

of Your registration with Us.

6.2 Subject to clause 4.18, You may terminate Your Contract (including an AMI

Package) at any time by deleting Your Profile or by e-mailing notice of termination

to ami@ami-creates.com.

6.3 Upon giving You notice by email, We may at any time and without cause, terminate

Your Contract and deny You access to the AMI App (or other AMI Service(s)) on

the provision of seven (7) days’ notice to You.

6.4 We may terminate Your Contract, deny You access to the AMI App and delete

Your Profile with immediate effect and without any notice to You if:

6.4.1 We are no longer able to make the AMI App and/or Website available to You

due to an Event Outside Our Control (as defined at clause 13 below);

6.4.2 We believe that there has been fraudulent use, misuse or abuse of the AMI App

and/or Website;

6.4.3 We believe that You have provided Us with false, inaccurate or misleading

information in respect of Your registration and/or use of the AMI App; or

6.4.4 You are in breach of any of these Terms.

6.5 In the event of termination of these Terms for any reason:

6.5.1 We will cease providing the AMI Services to You, including denying You access

to the AMI App; and

6.5.2 the rights granted to You under these Terms shall cease and You must not

attempt to use the AMI App.

6.6 This clause 6 and clauses 7, 9, 11 and 15 inclusive shall survive termination of

Your Contract for any reason, and shall be valid and enforceable against You and

Us.

7 Intellectual Property

7.1 Other than in relation to any links to third party websites, We own or have a licence

to use all right, title and interest in and to the AMI App, including without limitation

all copyright and any other intellectual property rights therein. These Terms shall

not be construed to convey any title to or ownership of the AMI App or the content

contained therein to You. All rights in and to the AMI App content not expressly

granted to You are reserved by Us.

7.2 Subject to these Terms, You hereby grant to us a non-exclusive, perpetual,

irrevocable, non-terminable, transferable, sub-licensable and royalty-free licence

to copy, display, modify, distribute, sub-licence, host, retain for archiving purposes

and publish Your images and any Comments in order to provide You with the AMI

Services. Save for this limited licence, You continue to own Your images and other

content You include in the archive.

8 Third Party Websites

8.1 We may link to third party websites but we do not endorse or recommend such

websites and You must satisfy Yourself that any goods or services referred to

thereon are suitable for Your requirements. These are not provided as an

endorsement by Us of the contents on such third party websites. As We have no

control over such external sites and resources, You acknowledge and agree that

We are not responsible for the availability of such external sites or resources, and

do not endorse, and are not responsible or liable for any content, advertising,

products, services or other materials on or available from such external sites or

resources.

8.2 You acknowledge and agree that We shall not be responsible or liable, directly or

indirectly, for any damage or loss caused or alleged to be caused by or in

connection with Your use of or reliance on any such content, goods or services

available on or through any such external sites or resources. If You decide to

access linked third party websites, You do so at Your own risk. Any concerns

regarding any external link should be directed to its respective site administrator or

web master.

9 Your relationship with other Users

9.1 You acknowledge and agree that We are not involved or a participant, in any way,

in respect of any contact (other than the provision of a Family Archive on the AMI

App), meetings (face-to-face or otherwise), negotiations, transactions or contracts

between You and other Users.

9.2 You are responsible for Your dealings with other Users. Consequently, You

acknowledge and agree that We shall not be liable in any way and for any reason

whatsoever in respect of Your relationship with other Users. You acknowledge and

agree that You are solely responsible for all communication with, and any

subsequent dealings with, other Users.

9.3 You acknowledge that We do not have any control of and therefore cannot

reasonably accept any liability in respect of the behaviour, response or actions of

any Users. We make no representations and assume no responsibility for any

Users. We are not able to vet, verify the accuracy, correctness and completeness,

monitor, edit or modify any User Profiles. Consequently, all such User information

and content available through the AMI App is provided to You “as is” and You agree

that any use made of such content or reliance on any Comments shall be strictly

at Your own risk. We recommend that You do not rely solely on such information

in making or refraining from making a decision or to embark on a specific course

of action.

9.4 If You would like another individual to be able to access Your Profile and Family

Archive following Your death, please provide Us with full details of the individual

(name, address, email address and phone number) who shall be entitled to do so.

This nomination will be Your consent to the nominated individual having full access

to Your details held by Us. You may withdraw Your consent and/or change Your

nomination at any time by sending Us an email at ami@ami-creates.com.

10 Warranties

10.1 Any content, information or material comprising part of the AMI Services does

not constitute advice or a recommendation and therefore it should not be solely

relied on to assist in making or refraining from making a decision, or to assist in

deciding on a course of action.

10.2 We do not guarantee, warrant or make any representation that the functions

contained in the AMI Services will meet Your requirements, or that the operation

of the AMI App will be uninterrupted or error-free, or that defects in the AMI App

will be corrected.

11 Liability

11.1 We are responsible to You for foreseeable loss and damage caused by

Us. If We fail to comply with these Terms, We are responsible for loss or damage

You suffer that is a foreseeable result of Our breaking this contract or Our failing

to use reasonable care and skill. Loss or damage is foreseeable if either it is

obvious that it will happen or if, at the time the contract was made, both We and

You knew it might happen.

11.2 Subject to clause 11.6, Our maximum aggregate liability to You if We fail

to comply with these Terms and You suffer foreseeable loss or damage as a result

shall be limited in the aggregate to £3,000.

11.3 We are not responsible for any loss or damage that is not foreseeable.

11.4 We do not accept any liability for any loss of content, images or data. You

are responsible for ensuring the back up of any such content, images and data.

11.5 We only supply the AMI App for Your own private use. You agree not to

use the AMI App for any commercial, business or re-sale purpose, and We have

no liability to You for any loss of profit, loss of business, business interruption, or

loss of business opportunity.

11.6 We do not exclude or limit in any way our liability to you where it would

be unlawful to do so. This includes liability for: (i) death or personal injury caused

by Our negligence; or (ii) fraud or fraudulent misrepresentation.

12 Data Protection and Privacy Policy

We will only use Your data and any personal information in accordance with our

Privacy Policy. For details, please go to [https://www.ami-creates.com] to see Our Privacy

Policy. The terms of the Privacy Policy form part of these Terms and You agree to

be bound by them.

13 Events outside our reasonable control

13.1 We will not be liable or responsible for any failure to perform, or delay in

performance of, any of our obligations under this Agreement that is caused by an

Event Outside Our Control.

13.2 What We mean by an Event Outside Our Control. An “Event Outside Our

Control” means any act or event beyond our reasonable control, including without

limitation strikes, lock-outs or other industrial action by third parties, civil

commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether

declared or not) or threat or preparation for war, fire, explosion, storm, flood,

earthquake, subsidence, epidemic or other natural disaster, or failure of public or

private telecommunications networks.

13.3 If an Event Outside Our Control takes place that affects the performance of our

obligations under this Agreement: (i) We will contact You as soon as reasonably

possible to notify You; and (ii) our obligations under this Agreement will be

suspended and the time for performance of our obligations will be extended for the

duration of the Event Outside Our Control.

14 Other important terms

14.1 We may transfer this agreement to someone else. We may transfer

our rights and obligations under your Contract terms to another organisation.

14.2 You need our consent to transfer Your rights to someone else. You

may only transfer Your rights or Your obligations under your Contract to another

person if We agree to this in writing.

14.3 Nobody else has any rights under this Contract. This Contract is

between You and Us. No other person shall have any rights to enforce any

of its terms. Neither You nor Us will need to get the agreement of any other

person in order to end the Contract or make any changes to these Terms.

14.4 If a court finds part of this Contract illegal, the rest will continue in

force. Each of the clauses of these Terms operates separately. If any court

or relevant authority decides that any of them are unlawful, the remaining

clauses will remain in full force and effect.

14.5 Even if We delay in enforcing this Contract, We can still enforce it

later. If We do not insist immediately that You do anything You are required

to do under these Terms, or if We delay in taking steps against You in respect

of Your breaking this Contract, that will not mean that You do not have to do

those things and it will not prevent us taking steps against You at a later date.

14.6 Which laws apply to this contract and where You may bring legal

proceedings. These terms are governed by English law and You can bring

legal proceedings in respect of any dispute arising under Your Contract in the

English courts.

14.7 Only these Terms apply to Your Contract with us. These Terms and

any document expressly referred to in them represent the entire agreement

between You and us in respect of Your use of the AMI Services, and shall

supersede any prior agreement, understanding or arrangement between

You and us, whether oral or in writing.