Terms & Condition
Standard Terms and conditions of sales for: Software, HARDWARE and Services
This Agreement ("Agreement") is by and between BiBCOM Ltd. ("BiBCOM") a UK limited company and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of BiBCOM software (“Software”) and Hardware (“Hardware”) and services (“Services”) and explains BiBCOM’s obligations to You and Your obligations to BiBCOM in relation to the Software, Hardware and Services You purchase.
This Agreement as well as any additional BiBCOM policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and BiBCOM concerning Your use of BiBCOM ’s Software, Hardware and Services, and supersede and govern all prior proposals, agreements, or other communications. All BiBCOM’s policies and agreements specific to particular Software, Hardware and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy. By purchasing BiBCOM’s Software, Hardware or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which BiBCOM may establish from time to time, and any agreements that BiBCOM is currently bound by or will be bound by in the future.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with BiBCOM, whether or not the transactions were in Your behalf.
1. TERM OF AGREEMENT; MODIFICATIONS
You agree that BiBCOM may modify this Agreement and the Services from time to time. You agree to be bound by any changes BiBCOM may reasonably make to this Agreement when such changes are made. If You have purchased Services, Software or Hardware from BiBCOM, the term of this Agreement shall continue in full force and effect as long as You take advantage of using the Software, Hardware or Services. In the event You terminate Your usage, BiBCOM will not refund any amounts You have paid. You agree that BiBCOM shall not be bound by any representations made by third parties who You may use to purchase Services from BiBCOM, and that any statement of a general nature, which may be posted on BiBCOM’s Web site or contained in BiBCOM’s promotional materials, will not bind BiBCOM. BiBCOM may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying BiBCOM should You desire to terminate Your use of BiBCOM’s Services. Notification of Your intent to terminate must be provided to BiBCOM no later than 28 days before Your contract renewal date.
2. CUSTOMER INFORMATION
You agree to maintain accurate information by providing updates to BiBCOM, as needed, while You are using BiBCOM ’s Services. You agree You will notify BiBCOM within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by BiBCOM to determine the validity of information provided by You will constitute a material breach of this Agreement.
4. ACCOUNT SECURITY
You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify BiBCOM immediately of any unauthorized use of Your account or any other breach of security. You agree BiBCOM will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by BiBCOM or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. BiBCOM specifically disclaims liability for any activity in Your account, whether authorized by You or not.
5. UNLAWFUL CONDUCT OR IMPROPER USE
As a condition of Your use of BiBCOM ’s Software, Hardware and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to BiBCOM if, for any reason, BiBCOM takes corrective action with respect to Your improper or illegal use of its Services.
You may be required to seek the advance permission of any third party that You wish to monitor with BiBCOM’s software applications, Hardware devices or services. IN NO EVENT SHALL BiBCOM BE LIABLE TO YOU OR ANY OTHER PERSON FOR: ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESSED OR IMPLIED, INFRINGEMENT OF A THIRD PARTY’S (i) PERSONAL PROPRIETARY RIGHTS, (ii) INTELLECTUAL PROPERTY RIGHTS, (iii) PERSONAL PRIVACY, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE, HARDWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF BiBCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BiBCOM reserves the right at all times to disclose any information as BiBCOM deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BiBCOM 's sole discretion.
If You have purchased Services, BiBCOM has no obligation to monitor Your use of the Services. BiBCOM reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. BiBCOM reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
BiBCOM reserves the right to terminate renewal of the Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against BiBCOM or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Except as set forth below, BiBCOM may also cancel the renewal of Your use of the Services, if You are using the Services in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United Kingdom and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e. hacking); and activities designed to harm minors in any way. In the event BiBCOM prevent to provide Services to You because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to BiBCOM if, for any reason, BiBCOM takes corrective action with respect to Your improper or illegal use of its Services.
6. NO JUNK MAIL/SPAM; LIQUIDATED DAMAGES
You agree BiBCOM may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay BiBCOM liquidated damages of £1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay BiBCOM 's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of BiBCOM ’s Anti-spam Policy. Such terms and conditions are applicable to the use of all BiBCOM Software, Hardware and Services and are incorporated herein.
7. INTELLECTUAL PROPERTY
You agree that BiBCOM or its licensor holds all rights, title and interest in all Software, Hardware and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services, Software or Hardware devices.
You understand and agree that all content and materials contained in this Agreement, other policies, the BiBCOM Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United Kingdom, as well as any other applicable proprietary rights and laws, and that BiBCOM or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of BiBCOM or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
8. USE OF BiBCOM PRODUCTS
If You have licensed software from BiBCOM, BiBCOM grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any mobile phone/cell phone, but only one phone may be designated per each purchase of unique software. i.e. combination of different software are permitted on one phone only if their individual licenses are granted to you.
You agree to not alter or modify the Software or the Hardware that purchased from BiBCOM. You agree You are not authorised to combine the Software with any other software program, create derivative works based upon the Software or Hardware, nor are You authorised to integrate any plug-in or enhancement which uses or relies upon the Software or Hardware. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code of the Software or Hardware devices.
BiBCOM reserves all rights to the Software and Hardware devices. The Software and any copies You are authorised to make are the intellectual property of BiBCOM. The source code of the software and its organisation are the exclusive property of BiBCOM and the Software is protected by copyright, including United Kingdom Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software or the Hardware and all rights are reserved by BiBCOM .
BiBCOM provides its Software or Hardware “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
9. FEES AND PAYMENT.
As consideration for the Software, Hardware or Services purchased by You and provided to You by BiBCOM, You agree to pay BiBCOM at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. BiBCOM expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit or debit card, or through Paypal or similar services that might be provided to you at the time of your purchase.
If You signed up for a 12 month contract and You elected the automatic renewal option, BiBCOM will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with BiBCOM, at BiBCOM 's then current rates.
If for any reason BiBCOM is unable to charge Your Payment Method for the full amount owed BiBCOM for the Services provided, or if BiBCOM is charged a penalty for any fee it previously charged to Your Payment Method, You agree that BiBCOM may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason BiBCOM is unable to charge Your credit card with the full amount of the Services provided, or if BiBCOM is charged back for any fee it previously charged to the credit card You provided, You agree that BiBCOM may pursue all available remedies in order to obtain payment. You agree that among the remedies BiBCOM may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any Services registered or renewed on Your behalf. BiBCOM reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including Paypal or similar services, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You.
You agree that You are solely liable for arranging that Your Services are renewed, and that BiBCOM shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
By using BiBCOM’s pay by Paypal or similar services, You can purchase BiBCOM Software, Hardware and Services using Paypal. In consideration for the Software, Hardware and Services purchased by You and provided to You by BiBCOM, You agree to allow Paypal to debit the full amount of this transaction from Your account balance or the Preferred Funding Source You established with Paypal, which is non-refundable.
It is Your responsibility to keep Your Paypal Account current, and to have available funds in it. You agree that Paypal and BiBCOM will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason Paypal is unable to withdraw the full amount owed for the Services provided, You agree that Paypal and BiBCOM may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of £35.00 or the maximum amount allowed by law, which may be debited from Your account by Paypal or charged to Your Preferred Funding Source.
By clicking the box labelled “I agree” to the terms of the Pay by Paypal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your Paypal Account or Preferred Funding Source.
10. REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorised by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
BiBCOM expressly reserves the right to deny or cancel any Services that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of BiBCOM, as well as its affiliates, subsidiaries, officers, directors and employees. BiBCOM also reserves the right to freeze its Services during resolution of a dispute.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL BiBCOM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESSED OR IMPLIED, INFRINGEMENT OF A THIRD PARTY’S (i) PERSONAL PROPRIETARY RIGHTS, (ii) INTELLECTUAL PROPERTY RIGHTS, (iii) PERSONAL PRIVACY. ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE, HARDWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF BiBCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such jurisdictions, BiBCOM ’s liability is limited to the full extent permitted by law. You agree that in no event shall BiBCOM ’s maximum aggregate liability exceed the total amount paid by You for the particular Software, Hardware or Service in dispute purchased from BiBCOM .
12. DISCLAIMER OF WARRANTIES
BiBCOM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. BiBCOM makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. BiBCOM does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
You agree to defend, indemnify and hold harmless BiBCOM and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, Software, Hardware or services with BiBCOM whether or not on Your behalf, and whether or not with Your permission) use of the Software, Hardware or Services You purchased from BiBCOM or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold BiBCOM harmless from any loss, liability, damages or expenses, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should BiBCOM be notified of a pending law suit, or receive notice of the filing of a law suit, BiBCOM may seek a written confirmation from You concerning Your obligation to indemnify BiBCOM. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that BiBCOM shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify BiBCOM of any such claim promptly in writing and to allow BiBCOM to control the proceedings. You agree to cooperate fully with BiBCOM during such proceedings.
You agree You will not be entitled to a refund of any fees paid to BiBCOM if, for any reason, BiBCOM takes corrective action with respect to Your improper or illegal use of its services. You also agree that if BiBCOM is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account of Yours with BiBCOM, that BiBCOM, in its sole discretion, may take whatever action BiBCOM deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
You agree You will not be entitled to a refund of any fees paid to BiBCOM if, for any reason, Your mobile phone service/network provider disconnects, cancels or disables your mobile handset or prevents the BiBCOM software or Hardware from operating. BiBCOM reserves the right to make a separate charge (current rate of a new purchase) to reactivate the software on Your handset or the Hardware if You request the software/Hardware/services to be available to You.
14. Cancellation and Refund Policies
It is your duty to provide appropriate and correct information prior to the purchase of BiBCOM’s applications or services. This information is related to the type of mobile phone device(s) that you have and also to the operating system of your phone (or any other devices), its version, issue and compatibility with the application that BiBCOM is providing to you.
BiBCOM is currently endeavouring to provide its software applications, Hardware devices and services to all types of Operating Systems on different mobile handsets, used anywhere in the world, and to specify in relation to the download which particular application is appropriate for the different types of mobile phone and/or the Operating Systems. Therefore please take a careful note of the information provided by BiBCOM on it’s website regarding compatibility PRIOR to Your purchase. This means it is Your responsibility to ensure the application that is provided to You by BiBCOM for a specific mobile phone or Operating System is compatible with Your own mobile phone and/or the operating system used in Your mobile phone or other devices. You agree that You will not be entitled to a refund of any fees paid to BiBCOM if, for any reason, Your application or purchased services does not work after installation on your device(s) due to incompatibility.
The software applications or the Hardware devices provided by BiBCOM may or may not be certified by the network provider of Your mobile phone device, however in either case You agree that You will not be entitled to a refund of any fees paid to BiBCOM if, for any reason, Your network provider for Your mobile handset prohibits or prevents the use of BiBCOM services in your handset for any reason, or discontinues to provide You their services for any reason after purchasing and installing BiBCOM services and applications.
You may need some registration keys to activate software applications, Hardware devices or services provided by BiBCOM. It is Your responsibility to keep these keys in a safe place for future use. If You lose them and need to gain them again from BiBCOM or its agencies, BiBCOM may charge you some fees in return. However You agree You are not entitled to gain any refund if BiBCOM does not provide You such a service for any reason.
BiBCOM may provide an option of a free trial version of its services or software applications, that You can use, prior to the purchase of its software applications or services.
If a trial version is downloaded, again this is at your own risk and BiBCOM does not accept any responsibility for any damage caused to your device, i.e. the download is at your own risk.
You agree You will not be entitled to refund of any fees paid to BiBCOM if, for any reason you decide to uninstall BiBCOM’s software applications from Your device or terminate or cancel your ownership or membership from BiBCOM’s software applications or services prior expiration of your license. Once You decide to purchase the application for a fee and use it in Your device, You can uninstall or cancel the services provided by BiBCOM, but You agree You will not be entitled to any refund or fee.
BiBCOM aims to deliver all orders within 1-7 working days if the goods are in stock. If the goods You order are “Out of Stock” BiBCOM will send out the order to You as soon as the product becomes available again. If BiBCOM cannot supply the item on time, BiBCOM will contact You to inform You.
BiBCOM wants you to be happy with your purchase and that its services, Hardware devices or software applications are suitable for You or Your mobile phone device(s). BiBCOM Strongly recommends that You select the free trial period for purchasing the Software applications, in order to establish that Your purchase is suitable for your device. As BiBCOM is offering the free trial period for Your convenience and benefit, once you select to purchase the services or applications You will NOT be entitled to any refund. The free trial period does not apply to BiBCOM Hardware devices and you will not be refunded after purchasing Hardware devices. Therefore You agree that by not selecting to try free trial services or applications prior to Your purchase, You are taking the risk that the services/applications are unsuitable and that You will not be entitled to a refund.
Please check the services and applications on delivery and ensure that they are supplied correctly to the address and details that you provided. If you do not receive the goods please notify BiBCOM within the first three days. If the goods prove to be unsuitable, please return them within 7 days in the original packaging (if they were sent to You by post), and delete and destroy all the applications from Your device(s) if they were downloaded from the internet. If BiBCOM offers you services and applications for a free trial period, You will not be charged for such services within the trial period. However if You decide to purchase BiBCOM’s services or applications, either before selecting the free trial option, or after the free trial period, You agree You will not be entitled to a refund of any fees paid to BiBCOM.
BiBCOM considers that where the application or services provided to You for a free trial period have been used successfully, then clearly You will be aware that these Hardware devices, Services or Software applications suit Your needs and work on Your devices.
BiBCOM will provide You with free customer service backup after or within the free trial period or purchased version of its Hardware devices, Services or Software application, however You agree that BiBCOM may charge you for such services at BiBCOM’s discretion for any reason at anytime.
You can cancel an order at any time prior to dispatch. After dispatch of the order or download from the internet or if the Services, or Software application is electronically sent to your device then clearly the goods will have been delivered. You may return goods that may already have been dispatched up to 7 days from receipt (see returns policy). Our terms and conditions do not affect your statutory rights.
You also have a choice to use the BiBCOM services and software applications for mobile handsets free of charge for a period of 7 days. You can cancel the services or applications at anytime during this free trial period for any reason mentioned above and/or in any other sections. It is therefore at Your own discretion to use the free trial version of BiBCOM services and applications to ensure BiBCOM services or applications suit Your device(s) or needs. Alternatively You may decide to purchase the licensed version of BiBCOM services or applications for a fee without choosing the free trial version, You agree You will not be entitled to refund of any fees paid to BiBCOM if You have Not selected the free trial option prior to Your purchase. This free trial does not apply on Hardware devices.
15. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into in the United Kingdom. You agree that the laws and judicial decisions of The United Kingdom, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of The United Kingdom. For the adjudication of disputes concerning the use of any domain name registered with BiBCOM, You agree to submit to jurisdiction and venue in the United Kingdom.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
You agree that all notices (except for notices concerning breach of this Agreement) from BiBCOM to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with BiBCOM. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to BiBCOM shall be made either by email or fax to the address provided on the BiBCOM Web site, or first class mail to BiBCOM ’s address at:
FAO. Easa Taheri, BiBCOM Ltd., 85 Knowle Lane, Sheffield S11 9SN, UK.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
18. ENTIRE AGREEMENT
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and BiBCOM regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of BiBCOM to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of BiBCOM thereafter to enforce such provisions.
21. FORCE MAJEURE
BiBCOM will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold BiBCOM liable for any of the consequences of such interruptions.
Sections 1, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 shall survive any termination or cancellation of this Agreement.
23. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
24. Contact Details
Trading Name and Address:
BiBCOM Ltd., 85 Knowle Lane, Sheffield S11 9SN, UK
Telephone: +44 114 36 00 222