Terms and conditions for booking tours and trips

Welcome to Follow Alice.

In these terms, we refer to Follow Alice Ltd as “Follow Alice”, “our”, “we”, or “us”.

And you are “you”!

These terms apply when you use this Website (https://followalice.com/) and any other websites we operate with the same domain name and a different extension (“Website”).

On this Website, you can book in different adventure trips packages (“Packages” or “Tours”) and other services we may offer from time to time (collectively, “Tour Experiences”). These terms apply when you book Tour Experiences through this Website.

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

PART A: Terms for when you book Tour Experiences (applies when you buy)

PART B: Terms for when you browse and interact with this Website (applies when you browse)

PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or book any Tour Experiences unless you have read and agree to these terms.

Once you place an Order, the terms of Part A accepted at the point of sale will apply to your booking of the Tour Experience.

By using the Website, you agree to be bound by these terms, as amended from time to time, which form a legally binding agreement between you and us that will continue until terminated or cancelled in accordance with these terms.

We may amend or change these terms at any time by updating the terms on the Website. We encourage you to check our Website for any updates to these terms regularly. If you continue to use the Website after we modify or amend our terms, you will be taken to have agreed to the terms as modified or amended; and you will be taken to have affirmed each of your previous agreements to the terms. You can check the date at the top of this page to see when we last updated these terms.

(A) By submitting an order for a Tour Experience using the Website's functionality (“Order”) you represent and warrant that:

(i) you have the legal capacity to enter into a binding contract with us;

(ii) you are at least 18 years old; and

(iii) you are authorised to use the debit or credit card you provide with your Order.

(B) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Tour Experience you have ordered in exchange for your payment of the total amount listed upon checkout.

(C) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming your booking.

(D) By agreeing to these terms, you also agree that:

(i) you are deemed to have authority to book and accept these terms on behalf of any other person who will take part in the Tour Experience along with yourself (“Participant”), including minors and those under a disability, and that:

(a) you are the designated contact person;

(b) you have communicated all necessary information to the other Participants;

(c) the information that you provide us regarding all Participants is complete and accurate, and that you have permission to share such information with us; and

(d) you will inform all other named Participants of the applicability of these Terms and will ensure that all the Participants agree to and will comply with these terms, or if a Participant is not over 18, their parent or legal guardian agrees to these terms;

(ii) you and all Participants (or if the Participant is not over 18 years old, their parent or legal guardian) have read, agreed to and will send to us via email a signed copy of the Assumption of Risk, Waiver and Release Form at Schedule 1 within 48 hours of us confirming your Order in accordance with clause 1(c).

(A) To book a Tour Experience, you can either make an account with us on the Website (“Account”) or make the booking as a guest to our Website. 

(B) If you decide to register an Account:

(i) you must provide true, accurate and complete information as requested and keep this information up to date after registration; 

(ii) you agree that you’re solely responsible for:

a. maintaining the confidentiality and security of your Account information and your password; and

b. any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not; 

(iii) you agree to let us know if you detect any unusual activity on your account as soon as you become aware of it; and

(iv) we shall not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.

(A) Our Packages do not include us setting up the items and equipment as set out on our Website from time to time (“Equipment”) at your chosen trip and will be charged separately. 

(B) Before making a booking for a Package, you can enquire about the detailed itinerary, inclusions and exclusions for a Tour listed on our Website.

(C) When making a booking for a Package, the Website will prompt you to:

(i) input the details including your name and email address, your booking dates (you are responsible for making sure that these details are correct) and the number of people travelling on the Tour; and 

(ii) select the Package you would like to book. 

(D) Feel free to get in touch with us on our Website to enquire about a particular Tour or Package, and we’ll let you know if we can provide that Tour Experience or Package with the requested details. 

(E) Changes, revisions or other amendments may be requested to the particulars contained in any email or on our Website before the final payment is made, and such changes, revisions or amendments shall be incorporated as of the date of such amendment.

(F) In order for us to confirm your travel arrangements you must provide all requested details when making the booking. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a self-assessment form. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.

(G) We are not responsible for any issues that may occur in relation to booking including errors in the dates of your booking.  

(A) Each Package and the Touring Experience generally includes only the itinerary as set out in the Package description on our Website. Our Packages do not include, among other things, airfares, visas, travel insurance, tips and alcohol and soft drinks. Please refer to our Website and your Package itinerary for more details in this regard.

(B) We will endeavour to ensure that the particulars and itinerary included in your Tour Experience will be substantially the same as those displayed on our Website, or as otherwise agreed with you on email prior to you placing your Order. Please note that due to screen display, colour and brightness, image quality, the equipment, products and services included in the Tour Experience may not exactly match the image and/or descriptions on our Website. Also, any product, equipment or vehicle displayed on our marketing material is for promotional purposes only and any product, equipment or vehicle included in the Tour Experience are subject to availability at the destination and we cannot and do not guarantee their availability during your Tour dates. This includes lodge or hotel accommodation shown on the itinerary or any marketing material and is subject to availability.

(A) All prices are:

(i) per Tour Experience (except where indicated);

(ii) in US Dollars; and

(iii) subject to change prior to you completing an Order without notice. 

(B) (Payment obligations) You will be required to pay either a deposit or the full amount per trip for your booking to be confirmed. Please speak to your trip manager to confirm the required amount to secure your spot.

(C) (Invoice) If we accept your booking, we will issue a confirmation invoice. A contract under this Part A will exist between you and Follow Alice from the date we issue the confirmation invoice or if you book within seven (7) days of departure, the contract will exist when we accept your payment.

(D) (Card surcharges) Follow Alice reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club). If you’re using a credit card to pay for the Package or the Tour Experience, you agree to us obtaining payment from your credit card issuer without any objections, cancellations or disputes whatsoever after the completion of the Tour.  

(E) (Online payment partner) We may use third-party payment providers (“Payment Providers”) to collect payments for your Tour Experience. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. 

(F) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.

(G) (Credit Card Storage) We will store your credit card details for use at a later date if required in relation to any additional charges set out in these terms or loss or damage caused or contributed to by you or a Participant. 

(H) (Prices and Surcharges) Our Package prices can be subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our Package prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Once you have received a quote the price will be locked in provided you pay the required amount prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have booked will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Please note that prices may vary depending on which currency the booking is made. We reserve the right to impose surcharges up to three weeks before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price, you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Air passenger duty, where applicable, is included in the price of your air inclusive trip. Please note that a surcharge may be applied to all purchases made by credit card.

(A) Your Tour Experience includes the itinerary for your Package. You are responsible for bringing with you all other items and equipment you will need for your Tour Experience. 

(B) Before the start of your Tour Experience, we will send you an information pack which may contain information about your Tour Experience, downloadable packing lists, rental gear lists, meal plans, etc. (“Information Pack”). You must abide by all instructions provided in the Information Pack or that we provide to you by Whatsapp, email, phone or our Website prior to your Tour Experience. 

(C) You must carry a valid passport and must have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip. Your passport must be valid for six months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.

(A) You must ensure that the Equipment included in your Package is used, either by you or a Participant:

(i) in a safe, proper and skilful manner; 

(ii) with precaution and regard to your, Participants and other people’s safety; 

(iii) in such a way that ensures the Equipment will be returned to us in the condition it was in at the start of your Tour Experience, (excepting fair wear and tear) (“Original Condition”); 

(iv) by those who have the requisite skills and knowledge to use the Equipment; 

(v) in accordance with the manufacturer’s requirements, recommendations and instruction manuals; and

(vi) in accordance with all applicable laws, regulations and rules. 

(B) You are responsible for all your personal possessions during your Tour Experience, and we will not be liable for any loss or damage suffered to your personal possessions, including theft. We recommend locking your valuables in your vehicle during the Tour Experience. 

You must ensure that all Equipment is left at the property (for Packages) or returned to us or our authorised representatives in its Original Condition. If you do not comply with this, you acknowledge and agree that we may take any action required to recover the Equipment or any loss or damage suffered, including charging you to repair or replace the Equipment so that it is in its Original Condition, which may include charging the amount from your credit card, and/or issuing an invoice to you for the repair or replacement.

(A) We will meet you at the designated departure spot at the time specified by us to provide general and safety information about your Tour Experience. You must comply with all information and instructions provided by us. 

(B) You must ensure that you arrive at the designated departure spot at the time specified by us. You acknowledge and agree that if you do not arrive at the time specified by us, we have provided you with the key information you’ll need to know about your Tour Experience in the Information Pack and the Website, and we are not liable for any information not provided as a result of your failure to arrive on time. 

(A) You must ensure that:

(i) all Equipment is in a reasonably clean state (excluding standard uncleanliness reasonably expected during a Tour Experience); and 

(ii) you remove all personal items and belongings from the accommodation property at the end of your Tour Experience. We have no responsibility for any personal items that are in the accommodation property at the end of your Tour Experience.

If you do not comply with any provision in clause 5 or 6 above or otherwise breach any clause of these terms, we may add you and/or any Participants to a list of customers from whom we will not accept future bookings for Tour Experiences (“Blacklist”). We will do so entirely at our discretion. You acknowledge and agree that if you or any other participant is Blacklisted, we may not accept any future request to book a Package or Tour Experience. 

(A) If you or a Participant suffers any injury during your Tour Experience, please notify us as soon as possible and follow any instructions provided on our Website as to steps that must be taken in the event of injury. 

(B) Please note that to our liability to you in relation to any injuries you or a Participant sustains during a Tour Experience is limited by the provisions of these terms, including clauses 12 and 26 and you and any Participant undertake the Tour Experience at your own risk.  

(A) You may, within 14 days from your booking confirmation email (“Cooling Off Period”), cancel your Tour Experience by notifying us using our contact details on our Website.

(B) If you cancel your Tour Experience:

(i) within the Cooling-Off Period, we will provide you with a full refund of the deposit or amount paid subject to sub-clause (c) below;

(ii) after the Cooling-Off Period, no refund will be made.

(C) Notwithstanding anything contained in clauses 9.1(a) and 9.1(b)(i), during the Cooling-Off Period, you shall not be entitled to a refund, and we shall not be liable or obligated to refund you any monies if we have already taken steps or made arrangements to secure your accommodation and Tour spots.

(D) You and the Participants are advised to take out cancellation insurance at the time of booking which will cover cancellation costs. The cancellation costs equal to the paid deposit amount. Once the full amount is due, the cancellation costs equal to the full amount. The date when the full amount is due depends on trip and seasonality but is usually around nine weeks before departure. Please check with your trip manager for the exact date. 

(E) A cancellation will only be effective when we receive written confirmation of the cancellation. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made.

(A) We may cancel a trip at any time prior to departure if, due to political instability, extreme weather or other events it is not viable for us to operate the planned itinerary. If we have to cancel your trip, you can transfer amounts paid to an alternate departure date or request a full refund. 

(B) We reserve the right to cancel your Order for any other reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

(C) In circumstances where the cancellation is due to a Force Majeure Event (as defined in clause 27) or an external events outside our reasonable control, refunds will be after deducting any costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel or medical insurance excess or partially refundable or non-refundable flights.

(A) You agree and acknowledge that we may:

(i) outsource any part or the whole performance of particulars in your itinerary (for instance, accommodation, meals and activities) or services related to the Tour Experience to third parties or agents in the local area (“Authorised Suppliers”); and/or

(ii) procure Equipment from third party suppliers (“Third Party Suppliers”); 

(iii) without further notice to or permission from you. 

(B) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of the Authorised Suppliers or Third Party Suppliers, including where such third parties cause delay to any part of your Tour Experience, or are negligent in providing services or goods.

(A) The Equipment is, and will at all times be and remain, the property of Follow Alice or its Authorised Suppliers or Third Party Suppliers, notwithstanding your possession and use of the Equipment.

(B) You will not have any right, title or interest in or to the Equipment except as expressly set out in these Terms.

(C) You will bear all risk of loss or destruction of, or damage to, the accommodation properties or Equipment during the Tour Experience, or otherwise when the Equipment is in your possession. 

(D) You assume all risks and liability for the Equipment and for its use, operation, maintenance, and storage (including but not limited to loss of profits, loss of revenue, consequential damage, inconvenience or loss of use for any period of time) and for injuries to or deaths of persons and damage to property arising in connection with such use, operation, maintenance, or storage.

(A) All information provided by us, including information that is provided by us on the Website, as part of the Tour Experience, or provided by our personnel via WhatsApp, email or over the phone is of general nature. No information provided by us is intended to be professional advice of any kind and it should not be relied on as such. 

(B) You understand and acknowledge that participating in the Tour Experience may expose you to risk, including accidents, injury or even death. You assume all risk associated with participating in the Tour Experience, including but not limited to injury, risks inherent in travelling, physical risks inherent in outdoor activities, risks associated with the use of fire, risks of local wildlife, the effects of weather, including high heat, cold and/or humidity, and the loss or damage of your or other’s personal property. You understand that we are not liable for any loss or damage suffered (in accordance with clause 26 of these terms). 

(C) Because the Tour Experience may be strenuous and subject you to risk of serious injury, we urge you to consider if the Tour Experience is right for you and any Participants with regard to your specific circumstances, including any health conditions, physical fitness and camping/outdoor experience and aptitude. You agree that when you participate in the Tour Experience, you participate entirely at your own risk. 

(D) There may be dangers in the area of the Tour, including fires, storms, wild animals, and other natural dangers. There are also risks associated with using the Equipment, including fire safety hazards and trip and fall risks. You acknowledge and agree that you use the Tour site, accommodation properties and the Equipment at your own risk and you are responsible for making your own enquiries into the safety of your Tour Experience and we are not liable for any loss or damage you may suffer in this regard. 

(A) Each traveller must purchase comprehensive travel and medical insurance at the time of your booking. You acknowledge that without such travel insurance, you will be responsible for all costs arising from any cancellation, re-routing or rescheduling of your trip or any emergency (medical or other) that may arise during your travels. You agree that in the event of you failing to purchase adequate insurance cover, you will not hold Follow Alice Ltd responsible for any harm, damage, injury or loss that you may suffer including death.

(B) Travel  and medical insurance is mandatory for all our travellers for their trips (including those that climb Kilimanjaro) and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. For further information, please have a look here.

If you have a complaint about your trip, please inform your local group leader or your trip manager at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the Tour. 

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

You must not:

(A) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Follow Alice;

(B)  use the Website for any purpose other than interacting with the Website in accordance with its intended purpose;

(C) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(D)  use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(E) use the Website with the assistance of any automated scripting tool or software;

(F) act in a way that may diminish or adversely impact the reputation of Follow Alice, including by linking to the Website on any other website; and

(G) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

(A) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv)  information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(B) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

Packs shared with you before or during the Tour Experience and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (“Website Content”) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you. 

(B) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, screenshot, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content or otherwise commercialise any Website Content without prior written consent from Follow Alice or as permitted by law.

(C) In this clause, "Intellectual Property Rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.

As part of using the Website, you may have the option to upload images, content, information and materials you share with us or the public (including feedback, reviews and suggestions), including by using the features of the Website, sharing content via the Website, on social media or by contacting us, or when you register an Account (“Posted Materials”).

By providing or posting any Posted Materials, you represent and warrant that:

(A) you are authorised to provide the Posted Materials;

(B)  the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

(C) the Posted Materials are not "passing off" of any product or service and does not constitute unfair competition; 

(D) the Posted Materials do not infringe any Intellectual Property Rights of Follow Alice or any third party;

(E) the Posted Materials are accurate and true at the time they are provided;

(F) any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(G) the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

(H) the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

By uploading any Posted Materials, you grant to us (and our agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material without any compensation to you or the Participant.

We don't have any obligations to screen Posted Materials in advance of them being posted and your compliance with these terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

(A) You acknowledge and agree that third party terms and conditions (“Third Party Terms”) may apply.

(B) You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(A) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(B) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

(A) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you, for instance, Stripe and Revolut. 

(B) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

Follow Alice does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Any personal information that we collect about you may be used for any purpose associated with the operation of a trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the trip. We will otherwise treat your details in accordance with our privacy policy.

(A) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Follow Alice and its Authorised Suppliers to you or any Participant in respect of loss or damage sustained by you or any Participant under or in connection with the terms is limited to the total fees paid to Follow Alice by you in the 6 months[IL1]  preceding the first event giving rise to the relevant liability. 

(B) (Indemnity) You agree at all times to release, indemnify and hold harmless Follow Alice, its Authorised Suppliers, directors, shareholders, volunteers officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal costs), damage, injury, claims, cause of action or liability incurred or suffered by any of those indemnified where such loss, damage, injury, claims, cause of action or liability was caused or contributed to by you, a Participant or any of your or the Participant’s personal representative, members of your or the Participant family, including minor children: 

(i) breach of any term of these terms; 

(ii) your failure to procure the appropriate travel and medical insurance in respect of the Tour; or

(iii) negligent, fraudulent or criminal act or omission.

(C) (Consequential loss) Follow Alice will not be liable for any indirect, incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these terms or any goods or services provided by Follow Alice or the Authorised Suppliers, except to the extent this liability cannot be excluded under the applicable consumer law.

(D) Without limitation to the other provisions of these terms, you acknowledge that Follow Alice is not liable for any claim under or in relation to or arising out of these terms unless you or the Participant has first made a claim under any insurance policy held by you or the Participant that may cover that claim, and that claim has been denied in whole or partly by the relevant insurer. Follow Alice’s liability (if any) will be reduced to the extent the loss or damage is caused by or contributed to by you or the Participant.

(E) This clause 26 applies to the fullest extent permitted by law and will survive the termination of this Agreement.

(A) If a party (“Affected Party”) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation. 

(B) Subject to compliance with clause 27(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(C) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(D) For the purposes of these terms, a “Force Majeure Event” means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, adverse weather conditions, flood, landslide, explosion or fire;

(ii) labour strikes or other industrial action outside of the control of the Affected Party; 

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; 

(iv) health emergency, unavoidable technical problems with transport and all similar events outside our or the Authorised Supplier’s control; or

(v) any advice or decision of a government authority or foreign office, or any threat beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

These terms are governed by the law of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. 

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

These terms constitute the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

(A) (singular and plural) words in the singular includes the plural (and vice versa);

(B) (gender) words indicating a gender includes the corresponding words of any other gender;

(C) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(D) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(E) (party) a reference to “you” or a “party” includes that party's successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(F) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(G) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(H) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(I) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(J) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

(A) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address provided at the time of signup, or if no email address is provided, then the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (“Email Address”). The parties may update their Email Address by written notice to the other party.

(B) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent; or

(ii) when replied to by the other party, whichever is earlier.