WasteTrade terms & conditions 

DEFINITIONS: 

‘User’ – Any individual authorised to use the WasteTrade site on behalf of the company by  whom they are employed. This individual must have authority to bind the company. May  otherwise be referred to as the ‘Administrator’.  

‘WasteTrade’ – WasteTrade Holdings Limited, company number 13314586, provider of the  WasteTrade online marketplace.  

‘Buyer’ – The authorised User who is registered on the Site for the purposes of purchasing  material or otherwise the company who they are employed by. 

‘Seller’ - The authorised User who is registered on the Site for the purposes of selling material or  otherwise the company who they are employed by. 

‘The Site’ – The platform supplied by WasteTrade Holdings Limited facilitating the sale and  purchase of recyclable plastic material. 

‘User Number’ – The individual number assigned to each User following completion of the  registration process. 

‘Load’ – The individual portion of material subject to sale to each individual buyer. 

‘Customer Dashboard’ – The collection of data available to each user, including their listings,  offers, messages, recently viewed, purchase history, ‘may also like’ and material that will be  available soon. 

  1. A) USE OF THE WASTETRADE MARKETPLACE 
  2. ABOUT WASTETRADE 

1.1 WasteTrade is a marketplace platform for plastics, including but not limited to: Acrylic,  ABS, EPS, HDPE, LDPE, PC, PET, Polyethylene, PP, PS, PVC. Waste Trade allows users to list,  sell, offer and buy the afore-named plastics on a 24/7 basis.  

1.2 At no point in any deal does Waste Trade have ownership of any of the materials listed.  WasteTrade’s involvement is limited to being an intermediary party in negotiations and 

payment and involvement in transport of the materials where required by either the buyer  or the seller.  

1.3 Whilst WasteTrade encourages all sellers and buyers to provide entirely accurate  information, WasteTrade has no control over, and does not guarantee the existence,  quality, safety or legality of, items advertised; the truth or accuracy of users' content or  listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a  buyer or seller will actually complete a transaction or return a material where requested. 

  1. REGISTERING INTEREST  

2.1 If the User wishes to become either a Buyer or a Seller on the platform, they will be  required to register their Company on the platform. In doing so, the User must provide all  information marked as a ‘(required)’ field; however it is desirable that the User provides as  much information as possible to assist in the registration process. The User is directed to  section C of these terms to learn more about the protection of their data.  

2.2 During the registration process, you must a valid e-mail address which is not offensive or  misleading, does not offend common decency and does not infringe upon the copyright,  trademark or other rights of third parties. 

2.3 The User must create a password which is adequate in strength and it is the User’s  responsibility to ensure that the password created is strong enough. Waste Trade will not  be liable in any circumstances for any accounts being hacked or compromised.  

2.4 By registering the company that they represent, the User warrants that they have the  authority to act for that company and enter the company into situations whereby the  company are contractually bound. WasteTrade will bear no liability for any loss or damage  where a User does not have authority to act on behalf of the company that they represent. 

2.5 Once Users have entered all required information in order to register, WasteTrade will  validate the information provided in order to register the account and provide a User  Number. WasteTrade will endeavour to complete the validation process in no more than  24 hours however this is not guaranteed. Any loss caused by delays to the validation  process will not be at the fault of WasteTrade and under no circumstances will WasteTrade  be liable for the same.  

  1. USING WASTETRADE

3.1 Once the User’s account has been validated, they will then be able to list items or bid on  Seller’s listings. Under no circumstances should User accounts be transferred to another  party and the User account may only be used by the individual that registered the account  and has express authority to contractually bind the company that they work for.  

3.2 The only individual authorised to login and use the company profile for the company that  they represent is the company Administrator who registered the account. WasteTrade will  not be liable for any losses or damages caused by any unauthorized use of the User’s  profile or logins. 

3.3 We reserve the right to temporarily or permanently disqualify and/or disable any User  account when a User has breached (or intend to breach) these terms and conditions.  

3.4 A User may also be disqualified or their account may be disabled temporarily or  permanently if such action will protect the rights of other users of our site.  

3.5 A non-exhaustive list of circumstances which may lead to an account being deactivated or  disabled is as follows:  

  1. A User provides any false or misleading information.  
  2. A User has previously not paid for products won on our site. 
  3. Payment was previously blocked or refused for any reason whatsoever. d. A User lists hazardous or non-recyclable material 
  4. A User and other bidders agree, discuss or otherwise co-ordinate offers in an  attempt to increase the overall possibility of winning above what would otherwise  be the case if you acted separately. 
  5. A fraudulent credit or debit card is used or the bank or other credit institution  reverses the credit or debit card transaction, for a WasteTrade Fee or any other  payment.  
  6. A User breaches or circumvents any laws or third-party rights or otherwise infringes  a third parties copyright or trademark. 
  7. A User manipulates the price of any item or interferes with any other User's listings; i. A User posts false, inaccurate, misleading, defamatory, or libellous content;
  8. A User transfers their WasteTrade account and User Number to another party; 
  9. A User distributes viruses or any other technologies that may harm WasteTrade, or  the interests or property of WasteTrade users; 
  10. A User uses any robot, spider, scraper or other automated means to access our  Services for any purpose; 
  11. A User interferes with the working of WasteTrade Services, or imposes an  unreasonable or disproportionately large load on our infrastructure; 
  12. A User infringes the copyright, trademark, patent, moral, database or other  intellectual property rights that belong to or are licensed to WasteTrade. Some, but  not all, actions that may be infringement are reproducing, performing, displaying,  distributing, copying, reverse engineering, decompiling, disassembling, or preparing  derivative works from content that belongs to WasteTrade or someone else; 
  13. A User infringes any Intellectual Property Rights that belong to third parties affected  by the User’s use of the Services or posts content that does not belongs to them; 
  14. The User harvests or otherwise collects information about users without their  consent;  
  15. The User circumvents any technical measures that WasteTrade uses to provide the  Services. 

3.6 Whilst WasteTrade reserves the right to disqualify/cancel accounts, it is not the  responsibility of WasteTrade to monitor misuse of the site, and WasteTrade will not be  liable for loss to another User where they have not removed an account that has previously  misused the site. The onus is instead on all Users to use the site responsibly and honestly  at all times. 

3.7 WasteTrade does not disallow the registration of third party brokers using the Site in order  to facilitate deals, however the appropriate fees at clause 8 will be applicable.  

3.8 Insofar as the User uses the Platform as a Supplier, the User is subject in particular to the  following obligations: 

  1. The User must inform WasteTrade immediately if a Third Party Contract is  concluded outside the Platform.
  2. The User must be authorized to offer the offered Products. 
  3. The User must be able to transfer the legal ownership of the offered Products  free of encumbrances of any kind. 
  4. The information on the Products offered which the User communicates on the  Platform, must be complete and correct and must not be misleading. 
  5. The User must ensure that he will pack the offered Products safely and  appropriately, in accordance with the applicable laws 

3.9 Additionally, we reserve the right to vary or terminate all or part of our Services and/or not  provide all or part of our Services to anyone for any reason and/or period of time, at our  discretion. 

3.10 Should your account be inactive for 12 months, WasteTrade reserves the right to close or  suspend your account on the grounds of customer safety, we will notify you of this closure  via your original email, if you attempt to login after this period you may need to re-register. 

3.11 At no time should you attempt to undertake negotiations on an active listing outside of the  WasteTrade marketplace, this will leave your account liable for closure and or suspension  and for costs associated with the lost sale revenue. 

3.12 We may cancel unconfirmed accounts or accounts that have been inactive for a long time  or modify or discontinue our Services. 

3.13 No offers to Buy or Sell are to be made outside of WasteTrade. Buyers and Sellers  therefore cannot: 

  1. Engage in any action with a User on the site designed to complete or facilitate a  transaction outside of WasteTrade; 
  2. Share or request direct contact information prior to completing a sale; 
  3. In any communications with another WasteTrade User, refer to or promote external  websites that facilitate sales outside of WasteTrade 
  4. Use contact information obtained through a WasteTrade transaction to offer to buy  or sell an item outside of WasteTrade 
  5. List an item and then mention or link to additional identical or related items for sale  outside of WasteTrade

3.14 By electing to register onto the site, the User agrees to the use of ‘bots’ in addition to the  receipt of notifications regarding but not limited to new listings and promotions.  

  1. LISTING CONDITIONS  

4.1 Sellers must upload photographs of the material that they are selling. These photographs  should be of high resolution and the quality of the material must be clearly visible and an  accurate representation of the material being sold.  

4.2 Photographs should specifically be of the material that is being sold and under no circum stances should a Seller upload photographs of a different Load.  

4.3 A Seller should accurately describe the Load that is being sold including the specific mate rial, weight and price.  

4.4 A non-exhaustive list of prohibited listings is that which include: 

  1. Images, videos or text copied from websites or internet searches; 
  2. Scans or text copied from catalogues or advertisements; 
  3. Hazardous and/or non-recyclable and/or recyclable waste mixed with non-recyclable  waste. 
  4. Poor-quality videos or images that are blurry, undefined or distorted; 
  5. Illegal or explicit content; 
  6. Offensive content that promotes or glorifies hatred, violence or discrimination; 
  7. Directing buyers off WasteTrade, including any contact information or web links to  other sites; 
  8. Photographs of a Load that is not the Load being sold.  

4.5 You should never create a listing for material you do not have or is not owned by you, you  should always have full capability to sell the products you list without limitation. 

4.6 WasteTrade requires all Sellers to abide by the listing conditions of this section. Where a  buyer suffers loss due to a failure of the Seller to abide by the Listing Conditions or  accurately represent the Load, WasteTrade will not be held liable and compensation for  any loss should be sought directly from the Seller.  

  1. BIDDING FOR LOADS

5.1 It is strictly the responsibility for the bidder to read the full item listing before making a bid  or commitment to buy. 

5.2 The bidding User accepts that they are entering into a legally binding contract when they  commit to buy an item, or if they have the winning bid (or the User’s bid is otherwise  accepted). 

5.3 Where a User places a bid on an item that they do not intend to purchase, WasteTrade will  bear no responsibility for any loss to either party where the contract is not fulfilled. 

5.4 You should only make an offer on material you intend or wish to purchase and have the  funds to do so, never make an offer on material that is beyond your financial capability. 

5.5 Where either party does not wish to commit to the purchase, WasteTrade will endeavour  to assist in facilitating discussions between parties but will at no stage be responsible for  ensuring an effective resolve is found. Where WasteTrade is unable to assist in facilitating  resolve any longer, WasteTrade reserves the right, with the parties consent, to provide the  other party with the relevant contact details so that the parties can continue to  communicate outside of the platform.  

5.6 Activity that doesn't follow WasteTrade policy could result in a range of actions including  cancelling listings, hiding or demoting all listings from search results, blocking some or all of  your messages/communication with other members, lowering seller rating, buying or  selling restrictions, account suspension, application of fees, and recovery of expenses for  policy monitoring and enforcement. All fees paid or payable in relation to listings or  accounts on which we take any action will not be refunded or otherwise credited to your  account. 

  1. INTERNATIONAL USERS  

6.1 Many of WasteTrade’s services are accessible internationally however all Users are  accountable to these Terms & Conditions which are governed by the laws of England &  Wales.  

6.2 Where a User sells a Load to an international Buyer or an international Buyer purchases a  Load, it is the responsibility of the individual parties to ensure the goods are transported in  line with the legislation and policies of the relevant countries. Where WasteTrade are  required to transport the goods, please refer to Part B.

  1. COMMUNICATIONS BETWEEN BUYER AND SELLER  

7.1 Initial communications between Buyer and Seller shall be via Waste Trade. The Buyer and  seller will only be able to communicate directly following the purchase being completed.  

  1. FEES 

8.1 The use of the WasteTrade platform is currently free of charge unless the parties agree  otherwise. WasteTrade reserve the right to charge a fee on transactions (the ‘Transaction  Fee’) successfully completed on the platform should they wish to. 

  1. TERMINATION  

9.1 In relation to the registration and use of a User profile on the Site, ‘Termination’ refers to  WasteTrade’s decision to remove the User’s profile to the website.  

9.2 Occasions where this may occur are set out in section 3 and 4. 

9.3 Upon termination for any reason: 

  1. a) any sum owing by any party to WasteTrade shall become immediately due and payable  within 30 days; 
  2. b) all Clauses which, either expressly or by their nature, relate to the period after the expiry  or termination of the Agreement shall remain in full force and effect; 

9.4 Termination shall not affect or prejudice any right to damages or other remedy which the  terminating party may have in respect of the event giving rise to the termination or any  other right to damages or other remedy which any party may have in respect of any breach  of these terms which existed at or before the date of termination. 

9.5 Each Party shall immediately cease to use, either directly or indirectly, any Confidential  Information, and shall immediately return to the other party any documents in its  possession or control which contain or record any Confidential Information, other than that  which is: 

  1. is at the date of disclosure or becomes at any time after that date publicly known; 
  2. can be shown by the Haulier to WasteTrade satisfaction to have been known by the  Haulier before disclosure by WasteTrade;
  3. is or becomes available to the Haulier otherwise than from WasteTrade and free of  any restrictions as to its use or disclosure; 
  4. is required to be disclosed by law 
  5. B) TRANSPORTATION OF GOODS  

DEFINITIONS: 

Buyer/Seller’ – Any future reference to ‘Buyer/Seller’ refers to whichever party engaged  WasteTrade to facilitate the transportation services.  

  1. Engagement  

1.1 Where Users of WasteTrade have completed a purchase on the platform, either party may  request for WasteTrade to be engaged order to assist in the transportation of the Load. 

1.2 Where Users request for WasteTrade to deliver the goods to the Buyer’s site, third party  hauliers will be engaged to assist with the transportation of the Load. 

1.3 WasteTrade may engage whichever haulier they chose in order to deliver the materials to the  Buyer’s site, therefore entering into a contract with that haulier. Any introductory fees  incurred will be payable by the Buyer/Seller requesting assistance with transport.  

1.4 The engagement of any haulier will be in line with the procedures and Terms and Conditions  of that haulier but will only be binding where written agreement has been provided on behalf  of WasteTrade. 

1.5 Any haulier engaged by WasteTrade undertakes that they have the relevant Waste Carrier  licence and a copy will be provided to WasteTrade to hold on file prior to undertaking any  collections of goods on behalf of the company. 

1.6 Any haulier engaged by WasteTrade undertakes that they have appropriate cargo insurance  which is effective at the time that the transportation is to take place. 

1.7 Any haulier engaged will comply with providing any documentation regarding the  transportation process required for compliance under the current legislation and regulations  in the relevant countries.

1.8 Any haulier engaged must not subcontract or outsource any transportation without prior  agreement. If there is agreement to do so, it must be in writing by WasteTrade. Additionally,  the haulier has a responsibility to ensure that any party they engage complies with all  statutory and regulatory requirements for the transportation of the goods, including holding  the required carrier licences. WasteTrade will not be responsible for any 3rd party charges  incurred when haulage is subcontracted. 

1.9 The haulier or any party they engage must comply with all export regulations and  requirements and be able to undertake the transportation to the Buyer. 

1.10 The haulier company must not forward any loading documents to third parties without the  prior consent of WasteTrade. 

  1. Collection of goods 

2.1 WasteTrade will endeavour to calculate the costs of the transportation from the point of  collection to the point of delivery, displaying such costs to the buyer and seller after the  completion of the deal. 

2.2 Once the quotation provided for the facilitation of transport has been accepted by the User,  the times for collection of the materials will be shown on the Customer Dashboard. There  may be variations between the final fees due and the initial quotation due to logistical  changes, reasonable notice will be given of such changes.  

2.3 As details of the collection are specified and refined, such details will be shown on the  Customer Dashboard. The User should note that details regarding the transport of materials  are subject to change as discussions are undertaken with the selected haulier. It is therefore  the responsibility of the User to ensure they are up to date with such detail by continually  checking the Customer Dashboard.  

2.4 Where a User fails to ensure they are up to date with the latest details for the collection of  the materials and misses the collection slot, WasteTrade will not be liable for transportation  fees sought by the haulier. 

2.5 WasteTrade will not pay any haulier cost where there is no effective collection of Goods  from the Supplier at the fault of the haulier or the Buyer/Seller.  

2.6 Any costs for delays during the loading process will be passed on from WasteTrade to the  Buyer/Seller.

2.7 The responsibility for the safe loading of the goods in line with current regulations and  legislation falls upon the transport provider. 

2.8 The haulier must ensure all relevant paperwork for the transportation is present.  

2.9 A copy of the packing list and annex VII will be provided upon departure from the collection  location by the site supplier office. 

2.10 The haulier must ensure the confidential and safe storage of any compliance paperwork  during the transportation process. 

2.11 The haulier must ensure that they abide by all site safety rules. 

2.12 Where the haulier does not show up on an assigned collection day, or otherwise fails to  perform any of their obligations, Waste Trade will not be liable for any loss to the  Buyer/Seller. 

  1. Transportation 

3.1 The responsibility for the safe transport of the Goods upon collection is with the transport  provider. 

3.2 The haulier should provide updates on the transportation and notify WasteTrade of any delays  over 3 hours. The haulier must at no point contact the buyer directly. 

3.3 Upon any issues of compliance or regulatory matters regarding the transport or exportation of  the goods, WasteTrade should be notified immediately, and the haulier must maintain an  accurate record and evidence where possible, including retaining all relevant paperwork. 

3.4 WasteTrade shall not be liable for any demurrage costs and such costs must be evidenced and  reported to Waste Trade with photographic evidence, including a copy/photograph of the  weighbridge ticket, as the costs of the same will be passed onto the Buyer/Seller. 

3.5 The haulier is responsible for management of the load including safe transit, if as a result of  the poor management of these there are additional costs to Waste Trade, these will be the  responsibility of the transport provider. 

  1. Delivery

4.1 The haulier is responsible for unloading during the allocated delivery time upon arrival at the  end customer. 

4.2 If an unloading slot is missed at the fault of the transport provider, the additional costs  incurred will be absorbed by the haulier up to 3 hours. 

4.3 Proof of delivery to be provided to include: 

  1. Stamped CMR; 
  2. Stamped Annex Vii; 
  3. Termination  

5.1 WasteTrade may at its sole discretion elect to terminate the Contract at any time (without  prejudice to accrued rights) by immediate written notice, if the haulier is in breach of any  obligation under the Contract or any other contract with WasteTrade and fails to remedy the  breach within a reasonable time of written notice requiring it to do so. 

5.2 LRI may by giving written notice, terminate the Contract if the Haulier allows itself to suffer  distress or execution or is the subject of a bankruptcy order (or in Scotland the Haulier is  sequestrated or in Northern Ireland the Customer is adjudicated bankrupt) or becomes  insolvent or goes into liquidation, or enters into an arrangement or composition with creditors  or if a receiver is appointed over any part of its business or assets. 

5.3 The termination of the Contract howsoever arising is without prejudice to the rights, duties and  liability of either party accrued prior to termination. 

5.4 The conditions which expressly or impliedly have effect after termination will continue to be in  force notwithstanding termination. 

  1. Effects of Termination 

6.1 Upon the termination of the Agreement for any reason: 

  1. any sum owing by either party to the other under any of the provisions of the  Agreement shall become immediately due and payable within 30 days; 
  2. all Clauses which, either expressly or by their nature, relate to the period after the  expiry or termination of the Agreement shall remain in full force and effect;

6.2 Termination shall not affect or prejudice any right to damages or other remedy which the  terminating Party may have in respect of the event giving rise to the termination or any other  right to damages or other remedy which any Party may have in respect of any breach of the  Agreement which existed at or before the date of termination. 

6.3 Each Party shall immediately cease to use, either directly or indirectly, any Confidential  Information, and shall immediately return to the other party any documents in its possession or  control which contain or record any Confidential Information other than that which: 

  1. is at the date of disclosure or becomes at any time after that date publicly  known; 
  2. can be shown by the Haulier to WasteTrade satisfaction to have been known by  the Haulier before disclosure by WasteTrade; 
  3. is or becomes available to the Haulier otherwise than from WasteTrade and free  of any restrictions as to its use or disclosure; 
  4. is required to be disclosed by law. 
  5. C) GENERAL PROVISIONS  

The following General Provisions are applicable to the entirety of these Terms and Conditions.  1. Liability and Indemnity  

1.1 WasteTrade liability under these Terms and Conditions, and in breach of statutory duty, and in  tort or misrepresentation or otherwise, shall be limited as set out in this section. 

1.2 WasteTrade are not liable (whether caused by our employees, agents or otherwise) in  connection with our provision of the Site or transportation of materials or the performance of  any of our other obligations under these Terms and Conditions; 

  1. any indirect, special, or consequential loss, damage, costs, or expenses; or 
  2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of  reputation or goodwill; business interruption; or other third-party claims; or 
  3. any failure to perform any of our obligations if such delay or failure is due to any cause  beyond the Waste Trade’s reasonable control

1.3 The haulier must indemnify the Buyer/Seller against all damages, costs, claims and expenses  suffered arising from any loss or damage to any equipment, good or property (including that  belonging to third parties) caused by the Transport provider, agents or employees of the  supplier. 

1.4 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal  injury caused by our negligence, or for any fraudulent misrepresentation, or for any other  matters for which it would be unlawful to exclude or limit liability. 

  1. Data Protection and Confidentiality 

2.1 Where a User registers with the site, WasteTrade is the Data Controller of the provided  information. For further information regarding the protection of data, the User is directed to  info@wastetrade. 

2.2 The data available for public viewings on listings includes the location of the User and the  User’s company name and registration number. WasteTrade will be responsible for facilitating  all communications between parties and parties contact details will therefore not be disclosed  without express authorisation.  

2.3 Any information that WasteTrade hold about a User will be kept in accordance with the Data  Protection Act 2018 and any subsequent associated statutory instrument.  

2.4 In the process of WasteTrade engaging any transport provider, the Buyer and Seller of the  Load warrant that they consent to the relevant data being disclosed to the transportation  company engaged by WasteTrade. Both parties will obtain data falling under the provisions of  the Data protection Act 2018.  

2.5 WasteTrade is registered with the Information Commissioner Office under registration  number ZB155520. 

2.6 The haulier warrants that they are registered with the Information Commissioner Office and  that they will manage all data obtained as a result of the contacts between parties in line with  the current Data Protection legislation. 

2.7 Neither party shall retain any Personal Data longer than necessary for the Processing and  refrain from processing any Personal Data for its own or for any third party's purposes. 

2.8 Neither parties shall disclose Personal Data to any third parties other than employees,  directors, agents, sub-contractors, or advisors on a strict 'need-to-know' basis and only under 

the same (or more extensive) conditions as set out in these Terms and Conditions or to the  extent required by applicable legislation and/or regulations. 

2.9 For any enquiries or complaints regarding data privacy, you can email the relevant Data  Protection officer at WasteTrade using the email address: info@wastetrade.com. If you  remain dissatisfied, you can email the Information Commissioner’s Office. 

2.10 WasteTrade shall treat all business information as confidential and shall not disclose it to any  third party without the Purchaser prior written consent or use it for any purpose except where  authorised to do so. The provision of information for regulatory or compliance purposes is an  exemption to this clause. 

  1. Section 2 does not apply to information which: 
  2. is at the date of disclosure or becomes at any time after that date publicly known; 
  3. can be shown by the Haulier to WasteTrade satisfaction to have been known by the  Haulier before disclosure by WasteTrade; 
  4. is or becomes available to the Haulier otherwise than from WasteTrade and free of any  restrictions as to its use or disclosure; 
  5. is required to be disclosed by law. 
  6. Force Majeure 

4.1 If any sale through the Waste Trade site or arrangement for transportation is cancelled by  Waste Trade on the basis of circumstances beyond the reasonable control of WasteTrade  including, but not limited to, any act of God, exceptional severe weather, failure or shortage of  power supplies, flood, drought, tempest, lightening or fire, protests, strike, lock-out, trade  dispute or labour disturbance, war or military operations, explosion, an act of terrorism,  national or local emergency, anything done by government or other competent authority or  industrial disputes of any kind (including those involving the suppliers employees or  subcontractors), delay or failure by third parties (each a ‘Force Majeure Event’), WasteTrade  will not be liable for any loss or damage which may be suffered by any party. 

4.2 Where the Buyer/Seller cancels, any haulier charges will be passed to the Buyer/Seller for  payment. 

  1. Communications

5.1 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of,  the party giving notice (or a duly authorised officer of that party). 

5.2 Notices shall be deemed to have been duly given: 

  1. when delivered, if delivered by courier or other messenger (including registered  mail) during the normal business hours of the recipient; 
  2. when sent, if transmitted by fax or email and a successful transmission report or  return receipt is generated; 
  3. on the fifth business day following mailing, if mailed by national ordinary mail; or d. on the tenth business day following mailing, if mailed by airmail. 

5.3 All notices under these Terms and Conditions must be addressed to the most recent address or  email address notified to the other party.  

  1. No waiver 

6.1 No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver  of that, or any other, right or remedy nor stop further exercise of any other right, or remedy. 

  1. Severance 

7.1 If one or more of these Terms and Conditions is deemed to be illegal, invalid or unenforceable,  all other clauses within the Terms and Conditions will remain fully enforceable. 

  1. Law and jurisdiction 

8.1 This Agreement shall be governed by and interpreted according to the law of England and  Wales and all disputes arising under the Agreement (including non-contractual disputes or  claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. 

  1. Third Party Rights 

9.1 A person who is not party to the Contract under these Terms and Conditions has no rights  under the Contracts (Right of Third Parties) Act 1999 to enforce any term of the Contract but  this does not affect any right or remedy of a third party which exists or is available apart from  under that Act.