Terms & Conditions
Section 1: FAQ’s
Who is the contract between?
The contract is between you and us, for subscription services. We are the personal archive company registered in England and Wales. Our subscription service enables you to use our platform and software to securely manage and share documents.
By creating a subscription via our site, you are entering into an agreement to use the site for the secure storage, retrieval and sharing of your documents, according to our acceptable use policy and terms and conditions of service as shown below.
Payment will depend on the subscription package you selected, we charge either monthly or annually in advance. We need your card details up front to make sure you are a real person, but no payment will be taken until after your free trial period has expired.
For security you should confirm you email address using the email we send you on registration, please check that it hasn’t landed in your spam folder.
You can cancel your subscription at any time and download any stored documents. We will delete your account and all documents stored in it after you cancel but you will not be refunded any pro rata value between the time you cancel and the time your next payment would have been due.
Setting up shares
You can create and send as many share invitations as you like. Each recipient must register to be able to access the shared documents and add documents that they want to share with you.
We do not charge for these share accounts unless the recipient converts the share account to a subscription account to manage their own documents.
Accessibility and responsibility
We grant a non-transferable license to you and your share users to use the software and the site.
Any documents loaded by you are your responsibility and can only be accessed by you and the people you invite to share them. This is made possible by the encryption we apply to every document loaded.
We may use automated technology to detect and/or remove Viruses or content in breach of user access as defined in clause 8.3 below and we may cancel your subscription or report you to the relevant authorities if you load illegal or harmful content.
Handling your personal data
Our obligation to you
We will use all reasonable measures to ensure you have an uninterrupted and secure service. We will monitor and maintain security based on industry best practice continue to develop and enhance the system based on our customers feedback.
Section 2: The Personal Archive Co Terms of Service
THE CUSTOMER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSE 16
The definitions and rules of interpretation in Schedule 1 apply to these Terms.
2. ABOUT THE SUPPLIER
2.1 The Personal Archive Company Limited (the Supplier, us, we our) is a company registered in England and Wales and its registered office is at Unit 3 Shelley Farm, Shelley Lane. Ower, Romsey, SO51 6AS. Company number: 05968952. Its VAT number is 912 9416 27. We operate the marketing website Thepersonalarchive.com and the subscription website secure.thepersonalarchive.com (The Sites) under licence with Hadageto UK Ltd
3. Our CONTRACT WITH You
3.1 These Terms and conditions (Terms) apply to the Subscription requested by you and supply of Subscription Services by us to you. They apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.2 The Contract is the entire agreement between you and us in relation to its subject matter. you acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.3 These Terms and the Contract are made only in the English language.
3.4 Us will make available a copy of these Terms to the Customer through The Sites for future reference.
3.5 You, an individual accepting these Terms on your behalf, represent that:
3.5.1 you have read and understand these Terms; and
3.5.2 you agree to these Terms.
4. CREATING A SUBSCRIPTION AND ITS ACCEPTANCE
4.1 Please follow the onscreen prompts to place an order to set up a Subscription and receive the Subscription Services. You may only apply for a Subscription using the method set out on the Sites. Completion of the process to apply for a Subscription requires addition of a valid credit or debit card that will be used validate you as an individual and to pay for the Subscription in accordance with the payment plan selected. This activity forms an offer by you to purchase and we to supply the Subscription services subject to these Terms.
4.2 Our Subscription application process allows you to check and amend any errors before submitting Your order to us. Please check your order for a Subscription carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
4.3 After You place your order for a Subscription, you will receive an email from us requesting confirmation of the email address for the Subscription. We may terminate the Contract immediately by notice in writing if you fail to confirm your email address for the account.
4.4 Our acceptance of your order for a Subscription takes place once your order for a Subscription has been confirmed by us at which point and on which date the Contract between you and us for the Subscription will come into existence.
4.5 Any descriptions or illustrations on the Sites are published for the sole purpose of giving an approximate idea of the Subscription Services described in them. They will not form part of the Contract or have any contractual force.
5.1 You shall ensure that you comply with any internet browser requirements specified by us for accessing the Subscription Services.’ We are not responsible for establishing and maintaining your internet connectivity.
6. SCOPE OF SERVICES
6.1 During the Term and subject to the our right to amend the specification of the Subscription Services under clause 6.2 we will supply the Subscription Services in accordance in all material respects with the specification of the Subscription Services as described on the Sites.
6.2 We reserve the right to amend the specification of the Subscription Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially detrimentally affect the nature or quality of the Subscription Services. We will use reasonable endeavours to notify you in advance of any such event.
6.3 We shall have the right to make any changes to the Software and the Subscription Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Software and the Subscription Services.
6.4 We may from time to time introduce additional functionality to the Software and Subscription Services at such additional charges as may be determined by us at its absolute discretion.’ Such functionality may be made available to you through the process set out on the Sites and any additional charges for such functionality shall be as indicated on the Sites.
6.5 For the avoidance of doubt you agree that nothing in the Contract shall oblige us to support your devices or connections to the System.
7. SUPPLIER’S OBLIGATIONS
7.1 We warrant to the you that the Subscription Services will be provided using reasonable care and skill.
7.2.1 do not warrant that your use of the Subscription Services will be uninterrupted or error-free or that the Subscription Services, Documentation, and/or any other information obtained by you through the Subscription Services will meet your requirements; and
7.2.2 are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the you acknowledge that the Subscription Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7.3 In the performance of the Subscription Services We may use application programming interfaces (APIs) and/or data feeds provided to it by third parties to access features or data of third-party operating systems, applications or other services and may update such APIs or data feeds from time to time.
8. USER ACCESS
8.0 Subject to you purchasing the Subscription in accordance with clause 14.1, the restrictions set out in this clause 8 and the other terms and conditions of the Contract, we hereby grant you a non-exclusive, non-transferable right, without the right to grant sub-licences, to permit the you and any Users to access and use the Service;
8.1 Except as expressly provided in these Terms, you shall not redistribute the Subscription Services (wholly or in part).
8.2 You shall procure that all Users shall comply with the Acceptable Use Policy in relation to your and their use of the Service.
8.3 You shall not, and shall procure that Users shall not, access, store, distribute or transmit any Viruses, or any material during the course of its use of the Subscription Services that:
8.3.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
8.3.2 facilitates illegal activity;
8.3.3 depicts sexually explicit images;
8.3.4 promotes unlawful violence;
8.3.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
8.3.6 is otherwise illegal or causes damage or injury to any person or property;
8.4 You acknowledge and accept that We may use automated technology to detect and/or remove Viruses and content in breach of clause 8.3 and to maintain the security of the Software and Subscription Services.
8.5 You shall not attempt to circumvent or disable the Software or any security features or other technological functionality or features of the Software and the Subscription Services.
8.6 Notwithstanding any other provision in these Terms, if there is a Security Event, You are in breach of clauses 8 or 11 and/or you or any User fails to comply with the Acceptable Use Policy, We may (but shall not be obliged to), without liability or prejudice to its other rights and without prior notice to you:
8.6.1 disable your and/or any User’s access to the Subscription Services or any material that breaches the Acceptable Use Policy; and
8.6.2 disable the Subscription,
for so long as the relevant breach and/or Security Event remains unremedied or unresolved.
8.7 You shall not:
8.7.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the Contract:
18.104.22.168 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
22.214.171.124 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
8.7.2 access all or any part of the Subscription Services and Documentation in order to build a product or service which competes with the Subscription Services and/or the Documentation; or
8.7.3 use the Subscription Services and/or Documentation to provide services to third parties except as expressly permitted under the Contract; or
8.7.4 subject to clause 8.9.1, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Subscription Services and/or Documentation available to any third party except as expressly permitted under the Contract.
8.8 You shall:
8.8.1 use all reasonable endeavours to prevent any unauthorised access to, or use of, the Subscription Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify the Supplier; and
8.8.2 comply with any further obligations set out in the Documentation that govern the use of the Subscription Services.
8.9 The rights provided under this clause 8 are granted to you and your users only.
9. ADDITIONAL STORAGE CAPACITY
9.1 Subject to Clause 9.2, you may, from time to time during the Term, purchase additional storage capacity in accordance with the provisions of these Terms.
9.2 If you wish to purchase additional storage capacity, you shall submit and pay for these by means of the process set out on the Sites and subject to payment being received such additional capacity will immediately be available to you. Any Fees for additional User Subscriptions shall be as set out on the Sites.
9.3 You understand and agree that you must pay to us the relevant fees for all additional storage capacity that you obtain via the Sites and that in determining what additional storage capacity has been obtained We may rely on reports produced by us relating to the Customer’s use of the Subscription Services.
10. THIRD PARTY PROVIDERS
11. YOUR OBLIGATIONS
11.1 It is your responsibility to ensure that:
11.1.1 You co-operate with us in all matters relating to the Subscription Services;
11.1.2 You comply with all applicable laws and regulations (including all applicable technology control or export laws and regulations) with respect to your activities under the Contract;
11.1.3 You use the Subscription Services and the Documentation in accordance with the terms and conditions of the Contract.
11.1.4 You procure and maintain your own network connections and telecommunications links from your devices to the Supplier’s software and data repositories, and We shall not be liable for any problems, conditions, delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
11.2 You warrant that:
11.2.1 You have the authority to grant any rights to be granted to us under the Contract including Data supplied by you to us for use in the provision of the Subscription Services;
11.2.2 You are the owner or authorised licensee of the Data; and
11.2.3 Our use in the provision of the Subscription Services of any Data or other third-party materials supplied by you or any User to us for use in the provision of the Subscription Services shall not cause us to infringe the rights, including any Intellectual Property Rights, of any third party.
11.3 If our ability to perform the Subscription Services is prevented or delayed by any failure by you to fulfil any obligation listed in clauses 8 and 11 (Customer Default):
11.3.1 We will be entitled to suspend performance of the Subscription Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of the Subscription Services, in each case to the extent the Customer Default prevents or delays performance of the Subscription Services. In certain circumstances the Customer Default may entitle us to terminate the Contract under clause 17.1 (Termination);
11.3.2 We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from the our failure or delay to perform the Subscription Services.
12. Your DATA
12.1 You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of your Data.’ We are not responsible for checking, cleaning or verifying the accuracy and quality of your Data or the Service as a result of processing any incomplete, inaccurate or poor quality Data supplied to us (or any of our employees, agents or sub-contractors) by or on your behalf.
12.2 We shall follow our standard archiving and back-up procedures for your Data; as such procedures may be amended by us in our sole discretion from time to time.’ In the event of any loss or damage to your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged Data from the latest back-up of such data maintained by the Supplier. ‘We shall not be responsible for any loss, destruction, alteration or disclosure of your Data caused by any third party (except those third parties sub-contracted by us to perform services related to Customer Data and system maintenance and back-up).
12.3 You acknowledge and agree that Supplier (and its authorised sub-contractors and suppliers acting on the Supplier’s behalf) may process data collected from or received by it in relation to your use of the Subscription Services and may use such data for research and development purposes including for the purposes of updating and improving the Subscription Services generally for all customers of the Supplier.
13. DATA PROTECTION
13.3 You acknowledge and agree that We may contact Users to give the Users the opportunity to set up their own subscription account directly with the Supplier.
14. CHARGES AND PAYMENT
14.1 You shall pay the Fees to us for the Subscription in accordance with this clause 14.1 and the directions on the Sites.
14.2 You shall on the Effective Date provide to us valid, up-to-date and complete credit or debit card details acceptable to us and any other relevant valid, up-to-date and complete contact and billing details and, if you provide credit or debit card details to us, you hereby authorise us to bill such credit or debit card for the Fees as specified on the Sites.
14.3 Confirmation of payment or an invoice will be delivered to you by email after us has received confirmation of payment from the payment card processor. Time for payment shall be of the essence and no payment shall be deemed to have been received until We has received cleared funds.
14.4 If We have not received payment within 14 days after the due date, and without prejudice to any other rights and remedies:
14.4.1 We may, without liability to you, disable the Subscription and password and your and any User’s access to all or part of the Subscription Services and We shall be under no obligation to provide any or all of the Subscription Services while the fees concerned remain unpaid; and
14.5 All sums due to us under the Contract shall be payable in the currency selected by you on your application for a Subscription and include local other applicable sales tax based on your residency location at the appropriate rate.
14.6 You understand and agree that:
14.6.1 all Fees due to us under the Contract shall be paid in full by you by the due date for payment; and
14.6.2 We may refuse to give access to the Subscription Services until all outstanding fees have been paid.
14.7 We reserve the right to increase the Fees on an annual basis with effect from the first anniversary of the Effective Date by giving you written notice. Any change in the Fees will take effect on the expiry of 30 days following the date of the notice given pursuant to this clause 14.7.
14.8 Notwithstanding clause 14.7, at any time during the Term, We may, by giving not less than 21 days written notice to you increase the price of the Subscription Services to reflect any increase in the cost of the Subscription Services that is due to any factor beyond our control (including currency exchange fluctuations, increases in taxes and duties, increase in the cost of fuel and increases in labour, materials and other supply costs) and the price increase shall take effect on the expiry of the notice period.
14.9 If you wish to change the scope of the Subscription Services by adding additional storage or any other functionality or services for which We reserve the right to charge, we may charge for and you shall pay any additional fees due in respect of such additional storage or other functionality or services.
14.10 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15. INTELLECTUAL PROPERTY RIGHTS
15.1 You acknowledge and agree that We and/or our licensors own all Intellectual Property Rights in the Subscription Services, the Software and the Documentation. Except as expressly stated in the Contract, the Contract does not grant you any rights to, or in, any Intellectual Property Rights or any other rights or licences in respect of the Software and the Documentation.
15.2 Without prejudice to your rights or any third party to challenge the validity of any Intellectual Property Rights of the Supplier, you shall not do or authorise any third party to do any act which would or might invalidate or be inconsistent with any Intellectual Property Rights of us and shall not omit or authorise any third party to omit to do any act which, by its omission, would have that effect or character.
15.3 You grant us a licence to use any Intellectual Property Rights in the your Data to the extent required by us to perform our obligations under the Contract.
15.4 Other than the licences expressly granted under the Contract, neither party grants any licence of, right in or makes any assignment of any of its Intellectual Property Rights.
15.5 You shall promptly give notice in writing to us in the event that you become aware of:
15.5.1 any infringement or suspected infringement of the Intellectual Property Rights in or relating to the Subscription Services and/or the Software; and
15.5.2 any claim that the Subscription Services and/or the Software or the use, sale or other disposal of the Subscription Services and/or the Software infringes the rights of any third party.
16. LIMITATION OF LIABILITY: Your ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
16.1 Nothing in these Terms shall limit or exclude our liability for:
16.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
16.1.2 fraud or fraudulent misrepresentation;
16.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
16.1.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
16.2 Subject to clause 16.1 We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: loss of profit; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss use or corruption of software, data or information; or any indirect or consequential loss arising under or in connection with the Contract.
16.3 Subject to clause 16.1, our total liability to you in respect of any individual claim arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a sum equal to the aggregate Fees paid by you in accordance with the Contract during the twelve months preceding the date acknowledged by you as being the date of the claim (such acknowledgement not to be unreasonably withheld).
16.4 Subject to clause 16.1, our total liability to you in respect of all claims arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the aggregate fee paid by the you in accordance with the Contract or (where the Contract operates for more than 12 months) the Fees shall be deemed to be the average sum paid to us in a 12 month period of the Contract.
16.5 Subject to clause 16.1, all warranties, conditions and other terms implied by statute or common law, including the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982, are, to the fullest extent permitted by law, excluded from the Contract.
16.6 Except as expressly stated in these Terms you assume sole responsibility for results obtained from the use of the Subscription Services and the Documentation by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Subscription Services, or any actions taken by us at your direction.
16.7 This clause 16 shall survive termination of the Contract.
17. TERM AND TERMINATION
17.1 The Contract shall commence on the date that a Contract is formed in accordance with clause 4.4 (Effective Date) and shall continue until terminated by either party at any time.
18.1 You can cancel your Subscription services at any time through the cancelation process detailed in the account settings area of the service.
18.3 Upon termination
18.3.1 you will be given the option to download all the documents and files you have stored on the system.
18.3.2 you must do this before completing the cancelation of your subscription.
18.3.3 on completion of the process your account will immediately be deleted along with all your data.
18.3.4 all licences granted under the Contract shall immediately terminate.
18.3.4 you will not be refunded any pro rata value between the time you cancel and the time your next payment would have been due.
18.4 Termination of the Contract for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
19.1 No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
19.2 Except for your obligation to make payment, neither party shall be in breach of the Contract or liable for delay in performing or failure to perform any of its obligations under the Contract if such delay or failure results from events, causes or circumstances beyond its reasonable control.
19.3 No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
19.4 The Contract constitutes the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us relating to the subject matter they cover.’ Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract. Each of the parties irrevocably and unconditionally waives any right it may have (whether to claim damages or otherwise) for any representation warranty arrangement understanding promise assurance statement draft agreement or implication (whether made innocently or negligently and whether written or oral) not contained in the Contract or for any breach of any representation (whether made innocently or negligently and whether written or oral) not contained in the Contract. Nothing in this clause 19.4 or any other provision of the Contract shall exclude any party’s liability in respect of any fraud or fraudulent misrepresentation made by or on behalf of that party.
18.5 You shall not, without the Supplier’s prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
18.6 Nothing in the Contract is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or bind the other in any way.
18.7 A person who is not party to the Contract shall have no right to enforce any term of the Contract.
18.8 Notice given under the Contract shall be properly served only if it is in writing, sent by email, to the receiving party, at the email address given in the Contract or notified to the other party in some other way. Any notice shall be deemed to have been received: (if sent by email, at 9.00 am on the next working day after completion of transmission (provided that an error free transmission report has been received by the sender). This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
18.9 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.10 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
DEFINITIONS AND INTERPRETATION
1. The definitions and rules of interpretation in this clause apply in these Terms.
Acceptable Use Policy
Our acceptable use policy set out on the Site and as amended from time to time.
the contract between us and you formed in accordance with clause 4.4 for the supply of the Subscription Services in accordance with these Terms.
Customer, You Your
You, the person being an individual who purchases the Subscription Services from the Supplier.
the documents or other electronic files uploaded to the Site by you, or your share Users, for the purpose of using the Subscription Services or facilitating your use of the Subscription Services including API credentials provided by you for the purposes of providing the Subscription Services.
any information technology system or systems owned or operated or used by the Customer and/or any User from which Customer Data originates and/or to which Customer Data is delivered in accordance with the Contract, including any mobile device owned or operated by the Customer or any User, the Customer’s data processing facilities, hosted services provided to the Customer by a third party, data files and documents needed for processing and systems for the permissioning and control of the Subscription Services.
the documentation made available to you by us online via the Sites or such other web address notified by us to you from time to time which sets out a description of the Subscription Services and the user instructions for the Subscription Services.
has the meaning set out in clause 18.1.
The fees payable by you for the provision of the Subscription Services (including data storage) by us, as set out the Sites .
The General Data Protection Regulation ((EU) 2016/679)
Intellectual Property Rights
Patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
means: (i) any unauthorised third party access to the Software and/or the Subscription Services; (ii) any use of the Software and/or the Subscription Services by the Customer that is in breach of the Acceptable Use Policy and/or has the potential to damage the Software and/or the Subscription Services or adversely affect other customers’ use of the Software.
the software applications provided by us as part of the Subscription Services.
your subscription account applied for via the Site and by means of which you may access and manage your use of the Subscription Services.’
the document hosting management and sharing services provided by us to you under the Contract via the Software, as more particularly described in the Documentation.
YOU / YOUR
“You” and “Your” means you, the customer who this Agreement is made with and includes any person that we reasonably believe is acting with your authority (including using your account).
Family or friends or professional advisors, who are authorised by your invitation to use the Subscription Services and the Documentation through the sharing facility.
anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
2. Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.
3. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
4. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of the Contract.
5. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of the Contract under that statute or statutory provision.
6. References to clauses and schedules are to the clauses and schedules of these Terms; references to paragraphs are to paragraphs of the relevant schedule to the Contract.
7. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.’ Any obligation on you not to do something includes an obligation not to allow that thing to be done.’
8. A reference to writing or written includes e-mail or online communication through the Subscription Service but excludes fax communication.