1.1 This page sets out the terms and conditions (“Terms”) between Fuel and Nourish Limited (“F&N”, “we” or “us”) and any person who places an order with us (“the Customer” or “you”).
1.2 These Terms shall apply to any order howsoever placed, including (but not limited to) orders placed over the phone or through www.fuelandnourish.com (“the Website”).
1.3 Please read these Terms carefully before you place an order with us. By placing an order for any of the meals, snacks or beverages (“the Food”) you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms or any part of them, you must not place an order with us.
1.4 We strongly recommend that you should seek medical advice before starting any diet, food regime or nutritional programme. The information and advice provided by us is of a general nature only and is provided with the understanding that F&N is not engaged in the provision of medical advice. To this extent, any advice or Food provided by F&N should not be regarded as a substitute for medical treatment. This includes any advice we provide to you by email, over the telephone or in person. You should not eat the Food if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements. Please note that whilst F&N will make every effort to exclude ingredients expressly identified by you, we cannot guarantee that these foods will be excluded. If you are in any doubt about your health at any time, you should seek medical advice from a doctor.
2. About Us
2.1 F&N is a company registered in England and Wales under company number 9614479 and our registered office is Fuel And Nourish limited 32 Rutherford Close ,Leigh on sea, Essex SS9 5LQ
F&N is a company registered in England and Wales under company number 9614479
2.2 Our VAT registration number is: GB 233882691
3.1 You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2 We will contact you by email or provide you with information by posting notices on the Website.
3.3 It is your responsibility to provide us with a valid email address so that we can contact you if necessary. Where you have provided us with, or otherwise contacted us using, different email address, you agree that communication sent by us to any of those email addresses constitutes an acceptable form of communication.
4. Your Account
4.1 When creating an account on the Website, your username and password will be chosen by yourself. You are responsible for all actions taken under your chosen username and password.
4.2 By creating an account on the Website you undertake:
4.2.1 that all the details you provide are true, accurate, current and complete in all respects;
4.2.2 to notify us immediately of any changes to the information provided when creating the account;
4.2.3 that you are over 18;
4.2.4 to only create one account and to only use the Website using your own username and password;
4.2.5 not to disclose your password to anyone and to make every effort to keep your password safe;
4.2.6 to change your password immediately upon discovering that it has been compromised;
4.2.7 to notify us if you suspect someone has accessed your account without permission; and
4.2.8 to neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
4.3 We reserve the right to terminate your account and to suspend or terminate your access to the Website immediately and without notice to you if:
4.3.1 you breach these Terms;
4.3.2 you are impersonating any other person or entity;
4.3.3 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; or
4.3.4 we suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.
5. Eligibility to Place an Order on the Website
5.1 To be eligible to place and order and purchase Food on the Website, and in order to lawfully enter into and form a contract with us, you must
5.1.1 be 18 years of age or over;
5.1.2 be legally capable of entering into a binding contract; and
5.1.3 provide full and accurate details of a delivery address in the United Kingdom.
6.1 The prices for the Food are quoted on the Website.
6.2 Unless otherwise stated or agreed, the prices quoted include VAT where required . Where additional delivery costs are applicable, these costs will be clearly indicated and individually and separately identified during the order process.
6.3 We reserve the right, by giving notice to you at any time before delivery of the Food or performance of our obligations to you, to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond our control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
7.1 Unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as explained on the order form. We reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards.
7.2 By placing an order, you consent to payment being charged to your debit or credit card account or electronic payment account as provided on the order form.
7.3 Payment will be debited and cleared from your account before the dispatch of the Food to you.
7.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.
7.5 By placing an order and by accepting these Terms you:
7.5.1 undertake that all the details you provide to us for the purpose of purchasing the Food are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Food ordered;
7.5.2 undertake that any and all of the Food ordered by you is for your own private or domestic use only and not for resale; and
7.5.3 authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
7.6 We shall contact you should any problems occur with the authorisation of your card.
7.7 Where you choose to pay on a weekly basis, you give us permission to set up a recurring payment through your credit card, debit card or through an electronic payment account.
7.8 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order, all necessary payment details and your card details secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
8. Order Process
8.1 All orders are subject to acceptance and availability. If any of the Food ordered is not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order.
8.2 Any order placed by you constitutes an offer to purchase the Food from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
8.3 You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly
8.4 Your offer is accepted by us and a contract (“the Contract”) between you and us incorporating these Terms will only subsist after we have debited your payment card and confirmed receipt of your order by email. Any products which we have not confirmed in the email will not form part of the contract and suitable arrangements for a refund will be made.
8.5 During the order process you will be given the opportunity to include additional instructions related to, for example, your nutritional requirements, your allergies and food preferences or delivery of the Food. These additional instructions shall in no way form part of the Contract between us, whether as implied terms or otherwise. We will make every effort to contact you where these additional instructions cannot be followed and/or implemented, but neither our failure to contact you or our failure to follow and implement these instructions shall constitute a breach of this Contract.
8.6 You will be subject to the version of our policies and Terms in force at the time that you order the Food from us, unless:
8.6.1 any change to those policies or these Terms is required to be made by law or governmental authority; or
8.6.2 we notify you of any change to our policies or these Terms via the Website or via email.
9. Key Management
9.1 Should you require us to access a secure part of any building, or pass through a locked door or gate, in order to deliver your Food, you can provide us with a key or key fob (“the Key”).
9.2 All Keys should be sent by post to the following address and marked for the attention of ‘The Delivery Team’: Fuel And Nourish Limited ,32 Rutherford Close , Leigh On sea ,Essex, SS9 5LQ
9.3 A designated member of the F&N team will make a record of receipt of your Key and ensure that it is securely stored. We will contact you by email to confirm that your Keys have been received.
9.4 The Key will then be handed over to our delivery team at the earliest opportunity. All members of our delivery team are experienced, professional drivers.
9.5 It the Key you have provided no longer works, it is your responsibility to send us a replacement Key.
9.6 Where your failure to provide us with the correct Key results in us not being able to deliver your Food in accordance with the instructions you have provided, we reserve the right (and you acknowledge that our delivery team reserves the right) to not leave your Food in another location. Where your Food is not delivered in these circumstances, your Food will be returned to our kitchens and disposed of. This will be regarded as a successful delivery for the purpose of the number of days you have remaining on your account.
10.1 The Food will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
10.2 We reserve the right to apply such a surcharge for delivery, in which instance you will be notified of this at the time of ordering, if applicable.
10.3 We shall not be liable for any delay in delivering the Goods, however caused..
10.4 Unless otherwise indicated in the order process or separate arrangements have been made, meal plan orders will always begin on the next available Sunday delivery date . Deliveries shall be made between 6pm and 6am (Sunday evening /Monday morning) and again later in the same week 6pm-6am (Wednesday evening /Thursday morning ). Once the box is delivered in accordance with your instructions, the box and its contents are deemed to be your responsibility. For the avoidance of any doubt, where a box is delivered in accordance with your instructions and subsequently goes missing this will be regarded as a successful delivery for the purpose of the number of days you have remaining on your account.
10.5 We are not able to deliver your Food at a specific time and neither are we able to deliver within a specific time period. In any circumstance where we indicate that we will try and deliver at a specific time, this will in no way form part of the Contract and failure to deliver at such time will not constitute breach of these Terms or the Contract by us.
10.6 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.
10.7 The courier will take reasonable steps to deliver the goods to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order.
10.8 If, having taken all reasonable steps, we are unable to deliver your food we will follow any specific instructions you have provided us with. We will (and you acknowledge that our delivery team will) only attempt to contact you to make other arrangements where you have expressly given us permission to do so. If we are unable to deliver in such circumstances, we reserve the right to charge you for the food you should have received that day in any event.
11.1 The Food will be at your risk from the time of delivery.
11.2 Theft or suspected theft of the Food from the delivery address shall not be deemed as the fault of either us or our delivery drivers.
11.3 If you suspect that your Food has been stolen from the delivery address please contact us immediately so we can discuss alternative delivery arrangements. Until such alternative arrangements are made, we reserve the right to suspend your order until suitable new arrangements have been made or cancel your order and organise a refund.
12. Cancelling your Order
12.1 By entering into these Terms you acknowledge that there is no automatic right to a refund where you wish to cancel your order. As our products contain fresh and perishable food, you are not entitled to the "normal" right to return goods within 14 days after the day you receive them, simply if you change your mind. This is because the food is likely to have a best before date within only a few days of delivery of the products.
12.2 If you wish to cancel your order, you should let us know as soon as possible and all requests must be sent by email or within the online admin area. We require all cancellations or changes to your plan to happen before 11.59pm every Wednesday in order to cancel your order/delivery for the Sunday coming.
12.3 If you fail to notify us that you wish to cancel before 11.59pm Wednesday, your cancellation will not take place until the following Wednesday. Therefore you will still receive food on the nearest Sunday /Monday and be charged accordingly as per your plan.
12.4 Any refunds where due will be made within 14 days from the date on which your package would have ended had it not been cancelled.
13.1 If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at email@example.com.
13.2 If there is a mistake with your food or nutritional requirements, we ask that you return the food to us. We will only credit your account where food is returned to us and credit will only be given for the value of the food at our complete discretion.
13.3 We may not be able to accommodate clients with specialist dietary needs or conditions and, in particular, we are unable to deliver to those who have allergies that could result in illness, anaphylactic shock or those clients with diabetes who are insulin dependent.
13.4 We cannot be held responsible for any ingredient that causes a reaction. We will endeavour to ensure that ingredients that could cause a bad reaction are omitted from your menu but please note that your food will be prepared in an area where these areas are used.
14. Intellectual Property
14.1 The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Fuel and Nourish Limited (trading as Fuel and Nourish ), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
14.2 You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
14.3 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14.4 You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
14.5 No licence is granted to you in these Terms to use any of our trademarks or those of our affiliated companies.
14.6 Food sold by us and Website content may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.
15. Liability and Indemnity
15.1 Notwithstanding any other provision in these Terms, nothing will affect or limit your statutory rights or will exclude or limit our liability for:
15.1.1 death or personal injury resulting from our negligence;
15.1.2 fraud or fraudulent misrepresentation;
15.1.3 action pursuant to section 2(3) of the Consumer Protection Act 1987; or
15.1.4 any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
15.2 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
15.3 We will not be liable if the Website is unavailable at any time.
15.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
15.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
15.6 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
15.7 We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
15.8 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
15.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
15.8.2 any loss of goodwill or reputation; or
15.8.3 any special or indirect losses; or
15.8.4 any loss of data; or
15.8.5 wasted management or office time; or
15.8.6 any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Terms and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Food even if such losses are foreseeable or result from a deliberate breach of these Terms by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Terms. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the purchase price of the Food you purchased.
15.9 If you buy any goods or services from a third party seller through our Website, the seller’s individual liability will be set out in their own terms and conditions.
15.10 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
15.11 F&N makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies. Every effort is made to instruct our food production staff on the severity of food allergies. In addition, you can select to exclude items that we have identified as possible allergen-containing ingredients; however, there is always a risk of contamination. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice. Customers concerned with food allergies need to be aware of this risk. Please be aware that our facility prepares foods and uses ingredients in our products that contain nuts or nut oil. If you have any type of food allergy, please refrain from eating our products.
15.12 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
16.1. You acknowledge that any review, feedback or rating (including, but not limited to, written testimonials and photographs detailing your progress) which you produce relating to your use of our service may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
16.2 You undertake that any review, feedback or rating that you write shall:
16.2.1 comply with applicable law in the UK and the law in any country from which they are posted;
16.2.2 be factually accurate;
16.2.3 contain genuinely held opinions (where applicable);
16.2.4 not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving;
16.2.5 not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence;
16.2.6 not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party; and
16.2.7 not be used to impersonate any person, or to misrepresent your identity.
16.3 You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
16.4 You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
16.5 We reserve the right to publish, edit or remove any reviews without notifying you.
17. Force Majeure
17.1 We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
17.1.1 strikes, lock-outs or other industrial action;
17.1.2 shortages of labour, fuel, power, raw materials;
17.1.3 late, defective performance or non-performance by suppliers;
17.1.4 private or public telecommunication, computer network failures or breakdown of equipment;
17.1.5 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.1.6 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions;
17.1.7 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.1.8 acts, decrees, legislation, regulations or restrictions of any government; and
17.1.9 other causes, beyond our reasonable control
17.2 Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
17.3 Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 5 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
19. Third Party Rights
19.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20. External Links
20.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
20.1.1 the privacy practices of such websites;
20.1.2 the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;
20.1.3 the use which others make of these websites; or
20.1.4 any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
21. Linking to the Website
21.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
21.2 Any agreed link must be:
21.2.1 to the Website’s homepage (unless otherwise agreed by us);
21.2.2 established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted;
21.2.3 provided in such a way that is fair and legal and does not damage our reputation or take advantage of it; and
21.2.4 established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.
21.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
21.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
22.1 All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice as described in clause 3.
22.2 Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
23. Entire Agreement
23.1 The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2 In particular, due to the nature of the service provided by us, it is recognised that it may be necessary for a number of communications, either written or oral, to be passed between you and us before you place an order. In no circumstances will these communications form part of this agreement.
23.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
23.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
24.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
24.2 All prices and descriptions supersede all previous publications. All product descriptions are approximate.
24.3 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
24.4 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
24.5 All Contracts are concluded and available in English only.
24.6 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
24.7 A waiver by us of any default shall not constitute a waiver of any subsequent default.
24.8 No waiver by us of any of these Terms or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you by a Director of F&N in writing in accordance with clause 3.
24.9 Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. Governing Law and Jurisdiction
25.1 The Website is controlled and operated in the United Kingdom.
25.2 Every purchase you make shall be deemed performed in England and Wales.
25.3 The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.