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.
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
“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
“Contract” means the contract between You and Us in respect of
Your use of the AMI Services, which incorporates these
“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
“Users” means You and any user of the AMI App with whom You
can interact via the AMI App in accordance with the
“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
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.
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
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
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
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
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
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.
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
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.
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 firstname.lastname@example.org.
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
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
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’
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
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
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
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
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
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
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
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 email@example.com.
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.
11.1 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.
We will only use Your data and any personal information in accordance with our
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
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.