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THESE TERMS AND CONDITIONS APPLY AS BETWEEN YOU, THE USER OF SERVICES PROVIDED HEREIN AND SPECIAL BUSINESSES LIMITED THE OWNER(S) OF Advanced Visualization (WWW.ADVANCEDVISUALIZATION.COM)

 

YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS AND TO GRANT ANY AND ALL LICENCES REQUIRED IS DEEMED TO OCCUR UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS PRIOR TO YOUR FIRST USE OF THE SERVICES.

 

1. Definitions and Interpretation

1.1 In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Website” means the website www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions on which these terms and conditions appear.

“Account” means collectively the personal information, payment information and credentials used by Users to access the Services through the Websites;

 “User / Users” means any third party that accesses the Websites and the Services employed by Special Businesses Limited on www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions.;

“Agreement” means the binding agreement that shall come into effect between the User and Special Businesses Limited t/a Advanced Visualization (www.advancedvisualization.com) and any sub-domains of those websites unless expressly excluded by their own terms and conditions following the User’s acceptance of these terms and conditions and which shall incorporate these terms and conditions;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Websites;

“Services” means collectively the online facilities, tools, services or information that Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions makes available through the Websites either now or in the future;

“Initial Fee” means the sum of money paid by User to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions each time the User pays for a specifically selected “Service that are available through the Websites either now or in the future”;

“Extra Services Fee” means the sum of money paid by User to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions each time the User pays for a specifically selected “Service that are available through the Websites either now or in the future”;

“Professional Setup Fee” means the sum of money paid by the User to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions each time the User pays for each separate service to be professionally setup which are available through the Websites either now or in the future;

“Professional Design Fee” means the sum of money paid by the User to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions each time the User selects to pay for each separate website to be professionally designed that are available through the Websites either now or in the future;

“Subscription Fee” means the sum of money paid by the User to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions on regular interval periods to keep the selected “Service” the user selects “Live” to access and use;

 “Top Up Fee” means the sum of money paid by the User to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.comand any sub-domains of those websites unless expressly excluded by their own terms and conditions each time the User places money onto their account in specific to use that selected service on a “Pay As You Go” basis, either for the Diary, EPOS, SMS or Email service or any other Top Up Fee services that are available through the Websites either now or in the future;

1.2 Unless the context otherwise requires, each reference in these terms and conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provisions of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 a Clause or paragraph is a reference to a Clause of these terms and conditions.

1.3 The headings used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

 

2. Provision of Services

2.1 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption.

2.2 Notwithstanding sub-Clause 2.1, Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time.

2.3 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.

2.4 Notwithstanding, Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions have the right to perform any of the actions detailed in this Clause without prior notice, Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions shall use its best and reasonable endeavours to provide such notice whenever possible.

 

3. Access to Services

3.1 The User represents and warrants that they have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions.

3.2 If the User is unable to comply with the requirements of sub-Clause 3.1 they shall be prohibited from using the Services and must not accept these terms and conditions.

3.3 In order to use the Services and to submit or create Content, Users are required to create an Account and to submit certain personal details. By accepting these terms and conditions the User represents and warrants that:

3.3.1 any information that is submitted is accurate and truthful;

3.3.2 all such information will be kept accurate and up-to-date; and

3.3.3 the means by which they identify themselves does not violate any part of these terms and conditions or any applicable laws.

3.4 If the User has reason to believe that their Account details have been obtained by another without consent, the User should contact Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions immediately to suspend their Account and cancel any unauthorised orders or payments that may be pending. Users should be aware that orders or payments can only be cancelled up until the point at which the Services are used for the first time through that particular Account. In the event that unauthorised use is made prior to the User notifying Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions of the unauthorised nature of the order or payment, Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions will suspend access to the Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel access to the Services and make a full or partial refund of the payment to the User.

3.5 The terms of sub-Clause 3.4 shall apply notwithstanding any related provisions in Clause 16.

 

4. Fees

4.1 Fee charges commence on the date that the User activates a selected Service. The User’s credit card/ debit card/ PayPal/Stripe Account will be billed on activation of the service and at the selected subscribed intervals thereafter.

4.2 The first payment will be at the price advertised on the Website. Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions reserves the right to change Fees from time to time and any such changes may affect the Users’ subscription Fees.

4.3 Increases in price will be reflected in the User’s subscription Fee on the date of the immediately subsequent renewal.

4.4 Decreases in price will be reflected in the User’s subscription Fee on the date of the immediately subsequent renewal.

4.5 If a User terminates their subscription to a Service or Account they will not have access to the Services for the remainder of the prevailing Subscription Period unless the User chooses to pay the Subscription Fee to reactivate their subscription.

4.6 If a User subscribes in error they must inform Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions within 24 hours of subscribing and must not use the Services during that time. If any use can be traced to the User’s Account, no refund will be provided.

 

5. Use of Services

5.1 Users are permitted to use the Services only in accordance with:

5.1.1 these terms and conditions; and

5.1.2 any relevant law, regulation or other applicable instrument in their particular jurisdiction.

5.2 Subject to any express agreement to the contrary, Users may only access the Services through the normal means provided by Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions. Users shall not attempt to download, convert or otherwise reverse-engineer any part of the Services.

5.3 The restrictions set out in sub-Clause 5.2 shall not apply to Content submitted or created by a particular User where that User is downloading their Content, nor to any other Content that a User may have permission to access.

5.4 Users may not engage in any conduct that may disrupt provision of the Services by Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com.

5.5 Users agree to use the Services of Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com in a reasonable way. If we determine that your use of the Special Businesses Limited t/aAdvanced Visualization www.advancedvisualization.com Services is not reasonable or that your use is causing degraded performance of the Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com Services for you or for other Users, we may impose limits on your use of the Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com Services. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.

5.6 Subject to any express agreement to the contrary, Users may not reproduce, copy, duplicate, trade or resell the Services.

5.7 Users’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com discretion.

 

6. Intellectual Property

6.1 Subject to the exceptions in Clause 7 of these terms and conditions, all Content included on the Website, unless submitted or created by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions, our affiliates or other relevant third parties. By accepting these terms and conditions the User acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.

6.2 Subject to Clause 9 Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions.

 

7. Third Party Intellectual Property

7.1 Where expressly indicated, certain Content, such as advertising material, and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 6 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 9 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

 

8. User Content and Intellectual Property

8.1 When using the Services to create Content, Users should do so in accordance with the following rules:

8.1.1 Users must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory or fraudulent;

8.1.2 Users must not submit Content that is intended to promote or incite violence;

8.1.3 Users must not submit Content that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks;

8.1.4 Users must not post links to other websites containing any of the above types of Content;

8.1.5 Users must not impersonate other people, particularly employees and representatives of Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions or our affiliates;

8.1.6 Users must not use the Services for unauthorised mass-communication such as “spam” or “junk mail”.

8.2 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions has the right, but not the obligation to pre or post-screen Content submitted or created by Users and may flag or filter any Content that it deems appropriate.

8.3 If any Content is found to be in breach of these terms and conditions, Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions reserves the right to remove it without notice and may, at its sole discretion, terminate the responsible User’s access to the Services.

8.4 Users are solely responsible for any and all Content that they submit or create. Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions does not endorse, support, represent or otherwise guarantee the accuracy or reliability of such Content.

8.5 Subject to sub-Clause 8.3, Users use the Services at their own risk.

8.6 By submitting or creating Content Users warrant and represent that they are the author of such Content and / or that they have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Special Businesses Limited t/aAdvanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions accepts no responsibility or liability for any infringement of third party rights by such Content. Further, Users waive all moral rights in any and all Content that they submit or create to be named as its author. Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions accepts no responsibility or liability for any infringement of third party rights by such Content.

8.7 By accepting these terms and conditions, the User grants a non-exclusive, worldwide, perpetual licence to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions to copy, distribute, transmit, publicly display, publicly perform, transmit and reformat all Content for the purpose of providing the Services.

8.8 The User represents and warrants that they have all necessary rights, power and authority to grant the licence described in sub-Clause 8.8.

 

9. Fair Use of Intellectual Property

9.1 Content may be copied, transmitted, performed, adapted or otherwise re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988or other relevant legislation apply.

 

10. Links to Other Websites

10.1 This Website may provide links to other websites as part of the Services. Unless expressly stated, such websites are not under the control of Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites or that of our affiliates. Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites assumes no responsibility for the content of the websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Website does not imply any endorsement of that website or of those in control of it.

 

11. Links to this Website

11.1 Users wishing to place a link to this Website on another website may do so only to our home page in the absence of any prior permission. Deep linking (i.e. links to specific pages within the Website) requires the express permission of Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions. To find out more Users should contact Special Businesses Limited at bc@specialbusinesses.com

 

12. Privacy

12.1 Use of the Website and the Services is also governed by Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions Privacy Policy which is incorporated into these terms and conditions by this reference.

 

13. Disclaimer of Warranties

13.1 Special Businesses Limited t/aAdvanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions makes no warranty or representation that the Website or the Services will meet Users’ requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.

13.2 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions shall use its best and reasonable endeavours to ensure that all information provided on the Website and the Services is accurate and up to date, however Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions makes no warranty or representation that this will always be the case. Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions makes no guarantee of any specific results from the use of the Website or the Services.

13.3 No part of the Website or the Services is intended to constitute advice and the Content of the Website and the Services should not be relied upon when making any decisions or taking any action of any kind.

13.4 Any information that forms part of the Website or the Services is not designed with commercial purposes in mind. Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions makes no representation or warranty that the Website or the Services or any Content therein is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

13.5 Whilst every effort has been made to ensure that all descriptions of Services available from Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions correspond to the actual services available, Special Businesses Limited t/aAdvanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions is not responsible for any variations from these descriptions.

 

14. Availability of the Website and the Services

14.1 The Website and the Services are provided “as is” and on an “as available” basis. Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions gives no warranty that the Website or the Services will be free of defects and / or faults. To the maximum extent permitted by law Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

14.2 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions accepts no liability for any disruption or non-availability of the Website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

15. Limitation of Liability

15.1 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites will not be liable for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these terms and conditions. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Services or any information contained therein, to the maximum extent permitted by law, Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites will not be liable. Users should be aware that they use the Website, the Services and all relevant Content at their own risk.

15.2 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites will not be liable for any damage of any kind suffered by the Customer as a result of the use of the Service or Software whether direct, indirect or consequential loss including but not limited to loss of business, loss of contracts, business interruption, loss of anticipated savings or revenue, loss of goodwill or loss of or damage to or corruption of data or software.

15.3 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites shall not be liable in any way or manner for loss or damage or corruption of the Content in the Online Account or any other damage or loss suffered by the Customer of whatever nature as a result of using the Service.

15.4 Subject to any express term of this Agreement, where permitted by statute, Special Businesses Limited t/aAdvanced Visualization www.advancedvisualization.com and any sub-domains of those websites excludes any statement whatsoever and howsoever arising out of this Agreement as to the quality, merchantability, suitability or fitness for purpose of any part of the Software or Service.

15.5 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites shall not be liable to the Customer for any representation (unless fraudulent), implied warranty, condition or other term, or any special, indirect or consequential loss (including but not limited to (i) any costs associated with the recreation of lost or damaged Content; (ii) delays and failures in the Service which might (but will not necessarily) include, loss of power, breakdown or failure or delay in telecommunications or otherwise in those internet connections, act of any competent authority, war, epidemic, civil unrest, fire, flood, weather conditions or industrial action) loss of business, loss of contracts, loss of anticipated savings or revenue, or goodwill (iii) any actions taken out against the Customer by any third party.

15.6 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites shall not be liable in any way or manner for loss or damage or corruption of the Content in the Online Account or any other damage or loss suffered by the Customer of whatever nature as a result of using the Service.

15.7 Nothing in these terms and conditions excludes or restricts Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites liability for death or personal injury resulting from any negligence or fraud on the part of Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites.

15.8 The limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply, subject to law.

 

16. Term and Termination

16.1 The term of the Agreement shall commence upon the User’s acceptance of these terms and conditions and shall continue until terminated either by the User or by Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions in accordance with this Clause 16.

16.2 If a User wishes to terminate the Agreement they may do so by:

16.2.1 Closing their Account; and

16.3 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions reserves the right to terminate the Agreement, a User’s Account and a User’s access to the Services at any time for the following reasons:

16.3.1 The User has committed a material breach of these terms and conditions, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the User fails to remedy the breach within 14 days after a written notice to do so;

16.3.2 The User has indicated, expressly or impliedly, that they do not intend to or are unable to comply with these terms and conditions;

16.3.3 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites is required to do so by law;

16.3.4 It has become, in the opinion of Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites, its affiliates or advisers, no longer commercially viable to continue providing the Services;

16.3.5 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites is no longer providing the Services in the User’s country of residence;

16.4 If Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions terminates a User’s Account as a result of the User’s breach of these terms and conditions the User will not be entitled to any refund.

16.5 If Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions terminates a User’s Account or subscription for any other reason, the User will not be refunded any remaining balance of their Subscription Fee or any other Fees.

16.6 In the event that Special Businesses Limited t/aAdvanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions terminates a User’s Account or subscription, the User will cease to have access to the Services from the date of termination.

16.7 If the User terminates their Account or subscription, they will not have access to the Services.

16.8 In the event that the Agreement is terminated, the User’s Account will be closed and their access to the Services suspended in accordance with sub-Clauses 16.6 and 16.7. Any Content that the User has submitted or created will become inaccessible to all Users from the date on which the Services become inaccessible; however copies may be retained by Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions as part of standard backup procedures.

 

17. Our Refund policy

17.1 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions offers no refund or money back guarantee at all under any circumstances.

 

18. No Waiver

18.1 In the event that either the User or Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions fails to exercise any right or remedy contained in these terms and conditions, this shall not be construed as a waiver of that right or remedy.

 

19. Assignment

19.1 Users may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement without the prior written consent of Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites, such consent not to be unreasonably withheld.

19.2 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites may transfer, assign, charge, sub-contract or otherwise dispose of an agreement, or any of our rights or obligations arising under it, at any time during the term of the agreement.

 

20. Severance

20.1 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

21. Entire Agreement

21.1 These terms and conditions embody and set forth the entire Agreement and understanding between the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Agreement. Neither the User nor Special Businesses Limited shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these terms and conditions, save for any representation made fraudulently.

 

22. Notices

22.1 All notices / communications shall be sent to Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites either by post to our premises GIBC, Mulgrave Terrace, Gateshead, England NE8 1AN or by email to bc@specialbusinesses.com Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

23. Data Protection

23.1 Each party shall for the duration of this Agreement comply with the provisions of the Data Protection Act 1998 (including the Data Protection Principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not do or permit anything to be done which might cause or otherwise result in breach of the same.

23.2 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites acknowledges that for the purpose of the Data Protection Act 1998 it is the data processor and the Customer is the data controller of any personal data provided to it by the Customer or obtained by it as part of its obligations under this Agreement. In its capacity as data processor, Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites undertakes to keep such personal data secure to ensure that the Customer is not in breach of its obligations under the Seventh Principle of the Data Protection Act 1998.

23.3 Without limitation to clauses 14.1 and 14.2, the Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites undertakes:

23.3.1 To ensure a level of security appropriate to the nature of the data to be protected and the harm that might result from any unauthorised or unlawful processing or accidental loss, destruction of or damage to any such personal data; and

23.3.2 To ensure Special Businesses Limited's t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites employees and subcontractors who have access to personal data comply with this clause.

 

24. Law and Jurisdiction

24.1 These terms and conditions, the Agreement and all other aspects of the relationship between the User and Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions shall be governed by and construed in accordance with the Laws of England and Wales.

24.2 Any dispute between the User Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites unless expressly excluded by their own terms and conditions relating to these terms and conditions, the Agreement and all other aspects of the relationship shall fall within the exclusive jurisdiction of the courts of England and Wales.

 

25. Our right to vary these terms and conditions

25.1 Special Businesses Limited t/a Advanced Visualization www.advancedvisualization.com and any sub-domains of those websites have the right to revise and amend these terms and conditions to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. This discretion is absolute, and may be exercised without any further notice.

25.2 You will be subject to the terms and conditions in force at the time that you order services from or through Special Businesses Limited t/aAdvanced Visualization www.advancedvisualization.com and any sub-domains of those websites or its affiliate 3rd party service suppliers, unless we notify you of the change to these terms and conditions before we send you the confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the confirmation).