Terms and Conditions

The following definitions apply to these Terms:

"Affiliates" means any entity that directly or indirectly controls, is controlled by, or is under common control with, us and "control" for the purposes of this definition means, in respect of any corporate entity, the beneficial ownership of more than 50% of the issued share capital of that entity or the legal power to direct or cause the direction of the general management of that entity, and "controls" and "controlled" shall be construed accordingly;

"Business Day" means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;

"Buy-Back Service" means the service described in Part F under which you may sell certain toys to us in exchange for Credit;

"Charges" means the price for the relevant Service as set out during the Order process (as amended from time to time under these Terms) to be paid by you in accordance with these Terms;

"Collection Date" means, in relation to the Short-Term Rental Service, the agreed date on which the Hired Toys will be collected from the Delivery Location by our courier service or returned by you in accordance with clause 22;

"Contract" has the meaning given to it in clause 3.2;

"Cooling-off Period" has the meaning given to it in clause 15.1, 24.1 or 28.1 (as applicable to the relevant Service);

"Credit" means credit applied to your Whirli account which may be used towards Charges for the Services, and which has no cash value and cannot be exchanged for cash;

"Delivery Location" means the address in the United Kingdom specified by you during the Order process to which Toys or Purchased Items are to be delivered;

"Distributor" means a third party fulfilment partner who despatches certain Purchased Items on our behalf, as described in clause 25;

"Distributor-Fulfilled Item" means a Purchased Item which is identified on the Website as being despatched by a Distributor;

"Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks;

"Hire Period" means: (a) for the Subscription Service, in relation to a particular Toy, the period during which that Toy remains in your Possession; and (b) for the Short-Term Rental Service, the period commencing on the Rental Start Date and ending on the Collection Date (inclusive);

"Hired Toys" means any Toys hired by you pursuant to the Subscription Service or the Short-Term Rental Service for as long as such Toys are in your Possession (not including any Toys that have been purchased by you pursuant to clause 13);

"Initial Term" has the following meanings, depending on the type of Subscription you have purchased:

1. monthly Subscriptions – if you purchase a monthly Subscription whereby you pay the Charges to us monthly, the Initial Term will last for a period of one month, on and from the date the Contract is entered into;
2. quarterly Subscriptions – if you purchase a quarterly Subscription whereby you pay the Charges to us every three months, the Initial Term will last for a period of three months, on and from the date the Contract is entered into;
3. half-yearly Subscriptions – if you purchase a half-yearly Subscription whereby you pay the Charges to us on a half-yearly basis, the Initial Term will last for a period of six months, on and from the date the Contract is entered into; and
4. yearly Subscriptions – if you purchase a yearly Subscription whereby you pay the Charges to us on a yearly basis, the Initial Term will last for a period of one year, on and from the date the Contract is entered into;

"Instructions" means, in relation to a Toy or Purchased Item, all instructions and other guidelines provided by us or the manufacturer in relation to the use of that Toy or Purchased Item;

"Intellectual Property Rights" means any and all present and future, patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;

"Offers" has the meaning given to it in clause 9.6;

"Offer-specific Terms" has the meaning given to it in clause 9.6;

"Order" means an order for any of the Services placed by you with us in accordance with these Terms (and "Ordered" shall be construed accordingly);

"Payment Methods" has the meaning given to it in clause 9.1;

"Possession" means, in relation to a Hired Toy, the period during which that Hired Toy is in your possession, starting on the date it is successfully delivered to the Delivery Location to (and including) the date that such Hired Toy is returned by you to us and received by us at the Warehouse, or collected from the Delivery Location by our courier (as applicable);

"Purchased Item" means any item purchased by you from us via the Website pursuant to Part E, whether despatched by us or by a Distributor;

"Regulations" means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

"Renewal Period" has the meaning given to it in clause 17.2;

"Rental Period" means, in relation to the Short-Term Rental Service, the period selected by you during the Order process, being a minimum of two days;

"Rental Start Date" means the date on which Hired Toys are delivered to the Delivery Location pursuant to the Short-Term Rental Service;

"Replacement Value" means, in relation to a Toy hired under the Short-Term Rental Service, the replacement value of that Toy as stated on the Website during the Order process;

"Residual Value" means, in relation to a Toy hired under the Subscription Service, the pro rata Value of that Toy reflecting how long such Toy has been in your Possession compared to a Toy lifecycle of 365 days (unless a different lifecycle is indicated by us during the Order process for that Toy) (up to a maximum of the Value of that Toy). By way of example only, if a Toy has been in your Possession for 90 days and that Toy's lifecycle is 365 days, then the Residual Value at that point in time shall be calculated as:

(365 – 90) ÷ 365 × Value of that Toy;

"Services" means the Subscription Service, the Short-Term Rental Service, the sale of Purchased Items, the Buy-Back Service, and any other features, tools, applications, materials and other services offered by us via the Website;

"Short-Term Rental Service" means making available for hire certain children's toys for a fixed Rental Period, as described in Part D;

"Subscription" means your subscription for the Subscription Service which is governed by these Terms and which is formed in accordance with clause 3, and "Subscribe" shall be construed accordingly;

"Subscription Service" means making available for hire certain children's toys on a subscription basis (including the delivery of such toys to the Delivery Location), as described in Part C;

"Subscription Term" means the period starting on and from the date that you and we enter into the Contract for a Subscription to the date that the Subscription is terminated under these Terms;

"Subscription Value" means the aggregate Value of Toys that your Subscription entitles you to hire at any point in time, as selected during your Order process and as amended under clause 11;

"Terms" means these terms and conditions, which apply to the Services;

"Toys" means the children's toys made available for hire via the Subscription Service or the Short-Term Rental Service;

"Value" means, in relation to a Toy, the value of that Toy as set out on the Website;

"VAT" means value added tax or other similar tax, charge or levy;

"Warehouse" means Whirli, Part Ground Floor Warehouse, Salts Mill, Victoria Road, Shipley, BD18 3LA, United Kingdom (or such other address as notified by us to you from time to time);

"we" means Rotate-IT Limited trading as Whirli, a company registered in England with company number 14161680 whose registered office is at Greystone, Howden Avenue, Keighley, BD20 6HB, United Kingdom, and "our" and "us" shall be construed accordingly;

"Website" means our website at www.whirli.com (as may be amended from time to time); and

"you" means you, the individual user who is placing an Order, and "your" shall be construed accordingly.

References to "clauses" are to the clauses of these Terms.

The clause headings in these Terms are included for convenience only and shall not affect the interpretation of these Terms.

A reference to a "company" shall include any company, corporation or other body corporate, wherever and however incorporated or established.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.

A reference to any party shall include that party's personal representatives, successors and permitted assigns.

A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

A reference to any agreements or documents referred to in these Terms is a reference to such agreement or document as varied, amended or replaced from time to time.

Any words following the terms "including", "include", "in particular", "by way of example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Please note that we make Toys available for hire, and sell Purchased Items, as a dealer or retailer only. We are neither the manufacturer nor producer of any Toys or Purchased Items nor are we supplying them under our own name, brand or trade mark.

The Services are only available to users who are 18 years or older.

You may place an Order through the Website. To place an Order, follow the instructions set out on the Website. During this process you will be able to check and amend any errors before submitting your Order to us. The Website is only available in the English language.

Your Order is an offer by you to enter into a contract with us. We will acknowledge your Order by email promptly but please note that our acknowledgement does not constitute acceptance of your offer. We will notify you separately by email if we accept your offer, at which point a contract will be formed between us in respect of the relevant Service (the "Contract"). In the case of Purchased Items, acceptance occurs when we email you to confirm despatch of the relevant items.

Please note that:

1. your use of our Website is governed by our terms of use;
2. we will use any personal information you provide to us in connection with the Services in accordance with our privacy policy and applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018; and
3. we are committed to protecting your personal data and will process it fairly, lawfully and transparently in accordance with applicable data protection legislation.

Whether you are hiring Toys, buying Purchased Items (including Distributor-Fulfilled Items) or using the Buy-Back Service, your contract is exclusively with us.

A single Order may cover more than one Service (for example, a new Subscription together with the purchase of a Purchased Item, or a Short-Term Rental together with a purchase). In that case, a separate Contract is formed for each Service and each Service is governed by the relevant Part of these Terms, in addition to the general terms in Parts A, B and G.

We only make Toys available as part of the Services that are in good working order. Toys may have been used by other customers, but in each case we will ensure that the Toys are cleaned and in good working order prior to delivery.

Purchased Items despatched by a Distributor are brand new. Purchased Items despatched by us are either brand new or pre-loved. Where a Purchased Item is pre-loved, this will be made clear on the Website. All pre-loved Purchased Items are cleaned and checked by us prior to despatch and will be in "like new" or "lightly used" condition.

Toys and Purchased Items can be delivered to any address in the United Kingdom as specified during your Order (the "Delivery Location"). Delivery timescales and any delivery charges applicable to each Service are set out on the Website during the Order process.

If Toys or Purchased Items are sent for delivery but cannot be delivered, then they will be sent to the nearest available collection point (such as Collect Plus, Post Office, or other courier collection facility as determined by our delivery partner). If they are not collected by you within the time frame made available by the collection point, then they will be returned to us (or, in the case of Distributor-Fulfilled Items, to the Distributor) and your Order will be cancelled and refunded (less any costs we reasonably incur as a result of the failed delivery, where the failure is due to your act or omission).

Toys and Purchased Items shall remain at our risk until we deliver them to the Delivery Location.

We may use third party delivery companies (and, in the case of Distributor-Fulfilled Items, Distributors) to assist us with delivery, but any such third party is acting on our behalf and your contract remains with us.

The Website can be accessed via computers, tablets and smart phones. You may need to update the software on your device from time to time in order to be able to access the Website.

We endeavour to make our Website accessible to users with disabilities in accordance with applicable accessibility standards. If you experience any accessibility issues, please contact us at [email protected] and we will work to address them.

You are responsible for making all arrangements necessary for you to have access to our Website.

We shall endeavour to provide constant, uninterrupted access to the Website. However, please note that:

1. we may suspend, withdraw, discontinue or change all or any part of our Website without notice;
2. the image and sound quality of the content on the Website may vary, whether due to the bandwidth available through and/or speed of your internet connection;
3. the Services may not be uninterrupted, timely, secure or error-free; and
4. from time to time we may need to close the Website and suspend the Services to carry out upgrade and/or maintenance, but, for any significant suspension of the Subscription Service that results in you not having access to Toys, if requested by you, we will refund you, on a pro rata basis, the Charges paid by you for the portion of your Subscription for which the Services were not available.

You agree only to access and use the Services for private, non-commercial use.

You shall take good care of all Hired Toys, including complying with all Instructions. We acknowledge and agree that the use of Hired Toys will result in fair wear and tear. If, however, any Hired Toys are:

1. damaged (other than due to fair wear and tear), then you shall pay to us an amount equal to the diminution in value of such Hired Toys as determined in our reasonable opinion (up to a maximum of the Residual Value or Replacement Value (as applicable) of those Hired Toys);
2. destroyed or lost, then you shall pay to us an amount equal to the Residual Value or Replacement Value (as applicable) of such Hired Toys; and
3. returned with certain parts missing, then you shall pay to us an amount equal to the diminution in value of such Hired Toys as determined in our reasonable opinion (up to a maximum of the Residual Value or Replacement Value (as applicable) of those Hired Toys).

For these purposes, "Residual Value" applies to Toys hired under the Subscription Service and "Replacement Value" applies to Toys hired under the Short-Term Rental Service.

You agree to notify us promptly if any Hired Toys are damaged, destroyed or lost.

You agree to use your discretion as to whether a Toy or Purchased Item is suitable for a particular child. In particular:

1. you shall not allow any child to play with (or otherwise use) a Toy or Purchased Item if they are younger than the recommended age for that item; and
2. you shall ensure appropriate adult supervision when children are using Toys or Purchased Items.

You acknowledge and agree that:

1. we are not the manufacturer of any of the Toys or Purchased Items (and are not acting in the capacity of a manufacturer);
2. you will read and comply with (and procure that anyone using the Toys or Purchased Items complies with) the Instructions and any other safety warnings or notices that are issued by us or the manufacturer; and
3. if you (or anyone else using the Toys or Purchased Items) suffer loss as a result of use in breach of the Instructions, you accept that we will not be responsible for any such loss.

You agree that you:

1. shall not use the Services in any way which might infringe any third party rights, including third party Intellectual Property Rights; and
2. shall not use the Services in any way that is contrary to applicable law, rules and regulations.

You shall set up a user name and password as part of the Order process to access and use the Services. You shall not share your user name and password with anybody or in any way make them accessible to others.

The Charges shall include the price for the relevant Service and any applicable VAT. Delivery charges, where applicable, are set out during the Order process.

In addition to our Charges, you are responsible for paying any internet connection or other telecommunication charges (plus any VAT thereon payable) for accessing the Services.

If the Charges we state to you for your Order are clearly incorrect then we are not obliged to provide you with the relevant Service at that price even if we have accepted your Order. If we notify you of a pricing error, you may continue at the correct price or cancel your Order without any obligation to us and we shall refund you any monies that you have paid to us in respect of that Order.

You shall pay the Charges by MasterCard, Visa, Amex or other payment methods set out in the Order process (the "Payment Methods"). You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the card holder to use it.

For Subscriptions, you authorise us to take payments from the card chosen by you on a recurring basis, for the duration of the Subscription Term, including for any additional amounts (including any VAT or other taxes and late fees, as applicable) that may be accrued by or in connection with your Subscription in accordance with these Terms.

For the Short-Term Rental Service and Purchased Items, payment must be made in full at the time of placing your Order. No Toys or Purchased Items will be despatched until full payment has been received and processed.

Credit applied to your account (including Credit issued under the Buy-Back Service) may be used towards Charges as indicated during the Order process. Credit has no cash value, cannot be exchanged for cash, and is not transferable.

Credit does not have an expiry date.

From time to time, we may inform you of special offers on the Website or by email (the "Offers"). The Offers may have minimum terms, payment terms, termination terms or other terms which are different to the equivalent provisions set out in these Terms (the "Offer-specific Terms"). Where an Offer applies to your Order, the Offer-specific Terms applicable to that Offer will apply in addition to these Terms. Any Offer-specific Terms will be stated on the Offer and set out in your Order.

We may, from time to time, make available 'refer-a-friend' or similar promotional schemes on the Website or by email. Such promotional schemes will be governed by separate terms applicable to that promotional scheme.

Where indicated during the Order process, you may be able to pay using a third party payment or credit provider, such as Klarna. If you choose to pay this way: (a) your payment arrangement is a separate agreement between you and the relevant provider, is subject to that provider's own terms and conditions and eligibility criteria, and we are not a party to it and are not a lender; (b) these Terms continue to apply between you and us in respect of the relevant Service, including your cancellation rights and our obligations to you; and (c) any refund due from us to you in respect of an Order paid for in this way will be processed via the relevant provider, who will apply it to your payment arrangement in accordance with their terms.

Following conclusion of your Order in accordance with clause 3, we shall make the Subscription Service available to you.

Your Subscription means that, save as expressly set out in these Terms, you are entitled to have in your possession at any point in time during the Subscription Term Toys with an aggregate Value equal to the Subscription Value. By way of example only:

1. if your Subscription Value is 100 Whirli Tokens then you are entitled to have in your possession at any point in time during the Subscription Term Hired Toys which, in aggregate, have a Value of 100 Whirli Tokens; and
2. if you subsequently return a Toy to us then the Value of that Toy will be credited to the amount of Value available to you for the hiring of other Toys.

If you have a monthly Subscription, after the expiry of the Initial Term, you may, no more than once in any 30 consecutive day period, change the Subscription Value to a different value as made available on the Website. Any such change will take effect immediately, and if such change takes effect during a Renewal Period, then: (a) if you have reduced the Subscription Value, we shall credit your account with an amount equal to the pro-rata amount of the reduction in the Charges for that Renewal Period and apply such credit against the Charges for the next Renewal Period; or (b) if you have increased the Subscription Value, you shall promptly pay to us a pro-rata amount of the Charges to reflect the increased Subscription Value for the remainder of the Renewal Period.

If you have a quarterly, half-yearly or yearly Subscription:

1. we will email you 14 days before the end of the Initial Term and each Renewal Period (as applicable) and during this 14-day period before the start of the next Renewal Period you may change the Subscription Value to a different value, and such change will take effect at the start of the next Renewal Period; and
2. at any time during the Initial Term or any Renewal Period you may elect to increase the Subscription Value of your Subscription, and shall promptly pay to us a pro-rata amount of the Charges to reflect the increased Subscription Value for the remainder of the Initial Term or Renewal Period (as applicable). For the avoidance of doubt, you may not decrease the Subscription Value during any Initial Term or Renewal Period.

If a reduction in Subscription Value under clause 11.1 or 11.2(a) results in the Value of the Hired Toys at that point in time exceeding the Subscription Value, then: (a) you are not entitled to hire any further Toys as part of your Subscription until you have returned Hired Toys to us in accordance with clause 12 with sufficient aggregate Value to make further Toys available under your revised Subscription Value; and (b) you shall promptly return Hired Toys to us in accordance with clause 12 with sufficient aggregate Value so that the retained Hired Toys have an aggregate Value of no greater than the revised Subscription Value.

You cannot order additional Hired Toys if the aggregate Value of the Hired Toys ordered and the Hired Toys in your possession exceeds the Subscription Value without you also agreeing to return Hired Toys to us with an aggregate Value that will reduce the aggregate Value of the Hired Toys to no greater than the Subscription Value. You may not place an order for Toys if any previous order has not yet been fulfilled, i.e. both any Toys ordered have been delivered by us and any Toys to be returned by you have been received by us. Save for the foregoing, there is no limit on the number of times that you can return Toys and order new Toys during the Subscription Term.

We will always make available to you as part of the Subscription Service a reasonable range of Toys at any point in time, but please note that we cannot guarantee that any particular Toy will be available as part of your Subscription or that we will have any particular Toy in stock at the point in time that you want to hire such Toy. Whether a Toy is in stock at the time you place an order for such Toy will be shown on the Website at such time.

We will deliver Toys to the Delivery Location between two and three Business Days after receiving your order for those Toys. You may have the option, for an additional payment as set out on the Website, to select an expedited delivery during the order process for those Toys.

You can return Toys to us using one of the following methods:

1. you may use the boxes we use to deliver Toys, along with the pre-paid delivery slip, to send those Toys to us via Royal Mail returns or Collect Plus; or
2. you may use any other form of packaging that secures and protects those Toys and use any form of delivery method that returns those Toys safely and without damage to the Warehouse.

Whichever returns method you select under clause 12.2, we recommend that you use a delivery method that allows you to track whether the Toys have been returned and retain a copy of the receipt evidencing that such Toys have been correctly sent to the Warehouse.

The return of Hired Toys to us is at your risk and such Hired Toys will only be considered returned to us and no longer in your possession once we have received such Toys at the Warehouse. We will notify you via email within a reasonable time of receiving such returned Hired Toys.

Save as set out in clause 13.2 below, the Hired Toys remain our property and we continue to own all legal rights in all Hired Toys.

If you wish to purchase any Hired Toy in your Possession then you can contact us using the details set out in clause 41 or use the purchase option on the Website where available. We will notify you of the price at which you can purchase such Hired Toy from us. If you would like to purchase such Hired Toy at that price, then you may do so in accordance with the following terms:

1. you shall pay to us the full amount of the price quoted;
2. upon receipt by us of your full payment, we shall notify you and legal ownership in such Hired Toy will pass to you;
3. where the purchase relates to a Toy hired under the Subscription Service, the Value of such Hired Toy will be added to the Value available for your Subscription; and
4. we have a legal duty to supply such Hired Toy in conformity with this Contract.

Please note that as any Hired Toy that you elect to purchase under clause 13.2 is in your possession prior to you electing to purchase such Hired Toy, the cancellation rights under the Regulations do not apply and you shall have no right to cancel that purchase contract.

Monthly subscription payments. You shall pay the Charges to us for each month during the Subscription Term upfront at the start of that month. By way of example only, if the Contract is formed on 10 January of a year, then:

1. the first month of the Subscription shall run from 10 January to 9 February (inclusive) in that year; and
2. the Charges for each subsequent month (running from the 10th of that month to the 9th of the following month (inclusive)) shall be paid by you upfront on the 10th of that month,

save that if the date the Contract is formed does not have an equivalent in another month then the Charges for any such month shall become due on the next following Business Day for that month (by way of example, if the Charges are due on 31 January then the next payment of Charges shall be due on the first Business Day on and from 1 March).

Quarterly subscription payments. You shall pay the Charges to us for each three-month period during the Subscription Term upfront at the start of that period. By way of example only, if the Contract is formed on 10 January of a year, then:

1. the first quarter of the Subscription shall run from 10 January to 9 April (inclusive) in that year; and
2. the Charges for each subsequent three-month period (running from the 10th of that month to the 9th of the month that falls three months later (inclusive)) shall be paid by you upfront on the 10th of that month,

save that if the date the Contract is formed does not have an equivalent in the month that falls three months later then the Charges for any such period shall become due on the next following Business Day.

Half-yearly subscription payments. You shall pay the Charges to us for each half-year period during the Subscription Term upfront at the start of that half-year period. By way of example only, if the Contract is formed on 10 January of a year, then:

1. the first half-year of the Subscription shall run from 10 January to 9 July (inclusive) in that year; and
2. the Charges for each subsequent half-year period (running from the 10th of that month to the 9th of the month that falls six months later (inclusive)) shall be paid by you upfront on the 10th of that month,

save that if the date the Contract is formed does not have an equivalent in the month that falls six months later then the Charges for any such half-year period shall become due on the next following Business Day.

Yearly subscription payments. You shall pay the Charges to us for each year during the Subscription Term upfront at the start of that year. By way of example only, if the Contract is formed on 10 January of a year, then:

1. the first year of the Subscription shall run from 10 January to 9 January in the following year (inclusive); and
2. the Charges for each subsequent year (running from the 10th of January to the 9th of January the following year (inclusive)) shall be paid by you upfront on the 10th of that January.

We have the right to make changes to the Charges from time to time, although we shall not make any change to the Charges applicable to you during the current Initial Term or Renewal Period (as applicable). If these changes result in an increase in the Charges payable by you, we shall inform you at least 28 days in advance of the change. If you do not agree to pay the increased Charges, you may terminate your Subscription in accordance with clause 17.3.

This clause 15 relates to your rights under the Regulations to cancel your Subscription and receive a refund. You can obtain advice about your right to cancel from your local Citizens' Advice Bureau or Trading Standards Office. Under the Regulations you have the right to cancel your Subscription, for any reason, no later than the end of 14 days after the day on which the Contract is entered into (the "Cooling-off Period").

If you wish to exercise your right to cancel in accordance with clause 15.1, you must contact us to let us know that you are doing so. You may do this through the Website or by emailing us at [email protected] or by making any other clear statement to us setting out your decision to cancel the Contract. We will send you an acknowledgement of receipt by email.

If you exercise your right to cancel in accordance with clause 15.1, the Contract will come to an end and, save as set out in clauses 15.4 and 15.5, we will reimburse to you all payments received from you for your Subscription. We will make this reimbursement no later than 14 days after the day on which we are informed about your decision to cancel. We will make the reimbursement using the same means of payment you used, unless you expressly agree otherwise.

If you use the Subscription Service during the Cooling-off Period then we shall deduct from the amount to be reimbursed to you an amount to reflect the supply of the Service for the period in which it is supplied, ending with the time when you have informed us of your decision to cancel, provided that you have complied with clause 15.5.

If you elect to cancel under this clause 15, then you must send the Hired Toys back to us without undue delay using one of the methods set out in clause 12.2. If you fail to do this, we are entitled to deduct from the amount to be reimbursed to you an amount to reflect the additional days that such Toys remain in your possession.

Unless otherwise stated, any termination of a Subscription Contract shall not be effective until all Hired Toys have either been returned to us by you or purchased by you under clause 13. If, on the date that the Contract is due to terminate, you have not returned or purchased all Hired Toys then:

1. the Contract shall continue (save that you are not entitled to hire any further Toys);
2. we shall take payment from you for any Charges that become due. We shall, however, pay you a pro-rata refund to reflect any proportion of the Charges prepaid for the period falling after all Hired Toys have been returned or purchased; and
3. if you have not returned or purchased all Hired Toys by the end of the Renewal Period following the date the Contract would otherwise have terminated, then you shall be deemed to have elected to purchase such Hired Toys still in your possession for the Residual Value of those Hired Toys and we shall take payment from you accordingly.

Unless otherwise terminated or cancelled in accordance with these Terms, your Subscription will last for the Initial Term.

Your Subscription will automatically renew at the end of the Initial Term for a further period equal to that of the Initial Term and shall continue to renew for successive periods equal to the Initial Term (each such period, a "Renewal Period"). By way of example:

1. if you Subscribe on 25 January and purchase a monthly Subscription, the Initial Term is 25 January to 24 February (inclusive) and Renewal Periods shall run from the 25th of one month to the 24th of the next month (inclusive), save that if you Subscribe on a date that does not have an equivalent in another month then your Subscription will automatically renew on the next following available Business Day for that month;
2. if you Subscribe on 25 January and purchase a quarterly Subscription, the Initial Term is 25 January to 24 April (inclusive) and Renewal Periods shall run from the 25th of one month to the 24th of the month that falls three months later (inclusive), subject to the same adjustment;
3. if you Subscribe on 25 January and purchase a half-yearly Subscription, the Initial Term is 25 January to 24 July (inclusive) and Renewal Periods shall run from the 25th of one month to the 24th of the month that falls six months later (inclusive), subject to the same adjustment; and
4. if you Subscribe on 25 January and purchase a yearly Subscription, the Initial Term is 25 January to 24 January of the following year (inclusive) and Renewal Periods shall run accordingly.

You may terminate your Subscription by logging in and going to the "My Account" page on the Website and clicking on the "Cancel Plan" button or by sending an email to [email protected]. Your Subscription will be cancelled from the end of the Initial Term or Renewal Period (as applicable) during which you cancelled your Subscription, provided all Hired Toys have been returned or purchased as set out in clause 16. For the avoidance of doubt, if you have purchased a half-yearly or a yearly Subscription and you terminate during the middle of the Initial Term or Renewal Period, your Subscription will continue to the end of the Initial Term or such Renewal Period, upon expiry of which your Subscription will then end. Save for your right to cancel as set out in clause 15, you will not be entitled to cancel the Subscription and claim a refund part way through the Initial Term or Renewal Period in which you terminate the Subscription.

If you notify us that you wish to terminate your Subscription, then from the date one month before the termination takes effect in accordance with these Terms, you will not be entitled to hire any further Toys.

We may make optional add-ons available to Subscriptions from time to time, as described on the Website (for example, additional token bundle add-ons and our Delivery Booster). The features, Charges, eligibility criteria and billing frequency for each add-on are as set out on the Website at the time you add it. Certain add-ons may only be available on particular packages or plan lengths.

Please note that the billing frequency of an add-on may differ from the billing frequency of your main Subscription, and this will be made clear at the point you add the add-on. In particular, token bundle add-ons are billed monthly in all cases, even where the Charges for your main Subscription are billed every 3 months, every 6 months or annually.

You may add or remove add-ons via the "My Account" area of the Website, subject to any eligibility criteria set out on the Website. Where you remove a token bundle add-on, removal is subject to the aggregate Value of the Hired Toys in your possession being no greater than the Subscription Value that would apply after removal, and clause 11.3 shall apply to any such removal as it applies to a reduction in Subscription Value.

Add-on Charges are payable in accordance with clause 9 and will cease from the end of the add-on billing period in which the add-on is removed. All add-ons end automatically when your Subscription ends.

Clause 14.5 applies to changes to add-on Charges as it applies to changes to Subscription Charges.

The Short-Term Rental Service allows you to hire Toys selected by you from the Website for a fixed Rental Period without taking out a Subscription.

Following conclusion of your Order in accordance with clause 3, we shall make the Short-Term Rental Service available to you.

You may select your Rental Period during the Order process. The minimum Rental Period is two days.

During the Order process you will select the Rental Start Date and the Collection Date. Deliveries and collections take place on Business Days only. No deliveries or collections will be made on a Saturday, Sunday or bank or public holiday in the United Kingdom.

Delivery options and charges for the Short-Term Rental Service are as set out on the Website during the Order process.

The Hire Period commences on the Rental Start Date and ends on the Collection Date.

You shall pay the Charges in full at the time of placing your Order in accordance with clause 9.3. The Charges shall include the price for your selected Toys and Rental Period, delivery charges as selected during the Order process, collection (where you select courier collection) at no additional charge unless otherwise stated during the Order process, and any applicable VAT.

At the end of the Hire Period, you shall return the Hired Toys using one of the following methods, as selected during the Order process or agreed with us:

1. courier collection – our courier will collect the Hired Toys from the Delivery Location on the Collection Date. You must ensure that someone aged 18 or over is available at the Delivery Location at the agreed collection time to hand over all Hired Toys, packaged securely; or
2. drop-off – you may return the Hired Toys via a Post Office or other drop-off point notified by us, using the packaging in which the Toys were delivered (or other packaging that secures and protects the Toys) and the pre-paid returns label provided, on or before the Collection Date.

If you need to change your Collection Date, you must contact us at [email protected] at least 24 hours in advance. We will use reasonable endeavours to accommodate changes subject to courier availability. Extensions to the Rental Period are dealt with under clause 23.3.

Where you return Hired Toys by drop-off under clause 22.1(b), the Toys will be considered returned on the date you obtain proof of postage from the drop-off point, provided the Toys are subsequently received by us at the Warehouse. We recommend that you retain proof of postage. Where our courier collects the Hired Toys, the Toys are at our risk once our courier has taken possession of them.

If our courier attends the Delivery Location on the agreed Collection Date and collection cannot be completed due to your unavailability or failure to have the Hired Toys ready for collection, you will be charged a reasonable rescheduling fee of £25 to cover the additional costs of rescheduling the collection.

If the Hired Toys have not been collected by our courier or dropped off by you (as applicable) by the end of the Collection Date, other than due to our fault or an Event Outside Our Control, you will be charged a late fee of £10 per day (or part day) until the Hired Toys are collected or dropped off, up to a maximum equal to the aggregate Replacement Value of the Hired Toys.

If you wish to extend your Rental Period, you must contact us at [email protected] before your Collection Date. Extensions are subject to availability and additional Charges will apply based on our standard rates. Where an extension is agreed, the Collection Date shall be amended accordingly and no late fees shall apply in respect of the extended period.

If the Hired Toys have not been collected or dropped off within 14 days of the Collection Date, you shall be deemed to have elected to purchase the Hired Toys still in your possession at the aggregate Replacement Value of those Hired Toys, less any late fees already paid under clause 23.2, and we shall take payment from you accordingly. Upon receipt of such payment, legal ownership in those Hired Toys will pass to you.

Under the Regulations you have the right to cancel your Short-Term Rental Contract, for any reason, no later than the end of 14 days after the day on which the Contract is entered into (the "Cooling-off Period").

As your Rental Start Date may fall within the Cooling-off Period, by placing your Order you expressly request that we begin providing the Short-Term Rental Service during the Cooling-off Period, and you acknowledge that:

1. if you cancel after the Service has begun but before it has been fully performed, we shall deduct from your refund an amount to reflect the supply of the Service up to the time you informed us of your decision to cancel, in proportion to the full Charges; and
2. you will lose your right to cancel once the Service has been fully performed (i.e. once the Hire Period has ended).

If you wish to exercise your right to cancel, you must contact us by emailing [email protected] or by making any other clear statement to us setting out your decision to cancel. We will send you an acknowledgement of receipt by email.

If you cancel in accordance with this clause 24 before the Rental Start Date, we will reimburse to you all payments received from you for the Short-Term Rental. If you cancel after the Rental Start Date, clause 24.2(a) applies and you must return the Hired Toys to us without undue delay using one of the methods set out in clause 22.1. If you fail to do this, we are entitled to deduct from your refund an amount to reflect the additional days that such Toys remain in your possession.

We will make any reimbursement no later than 14 days after the day on which we are informed about your decision to cancel (or, where Toys have been delivered, 14 days after the day we receive the Toys back or you provide evidence of having sent them back, whichever is earlier). We will make the reimbursement using the same means of payment you used, unless you expressly agree otherwise.

You may purchase items directly from us via the Website. Some Purchased Items are despatched from our Warehouse and some are despatched on our behalf by a Distributor. Where an item is a Distributor-Fulfilled Item, this will be indicated on the Website (including where it affects gifting options, delivery timescales or the returns address).

Whether a Purchased Item is despatched by us or by a Distributor, you are buying from us: we are the seller of record, your Contract is with us, and we are responsible to you for the Purchased Item conforming to the Contract and for all refunds due to you under these Terms or applicable law. Distributors act on our behalf in fulfilling Orders and handling physical returns only.

Ownership of a Purchased Item passes to you once we have received payment in full and the item has been delivered to the Delivery Location. The Purchased Item is your responsibility from the time it is delivered to the Delivery Location.

For Purchased Items despatched from our Warehouse, gifting options (such as gift packaging and the inclusion of a gift card or message) may be available as set out during the Order process.

Distributor-Fulfilled Items are not eligible for gifting options. No gift packaging, gift cards or gift messages can be added to Distributor-Fulfilled Items, and this will be indicated on the Website. Standard packaging and documentation used by the Distributor will apply.

Estimated delivery timescales for each Purchased Item are set out on the Website during the Order process. Delivery timescales for Distributor-Fulfilled Items may differ from items despatched from our Warehouse.

Clauses 5.2 to 5.4 apply to the delivery of Purchased Items.

Under the Regulations you have the right to cancel your Contract for a Purchased Item, for any reason, no later than the end of 14 days after the day on which you (or a person nominated by you) receive the Purchased Item (the "Cooling-off Period"). Where your Order comprises multiple items delivered separately, the Cooling-off Period ends 14 days after the day you receive the last item in your Order.

The right to cancel under clause 28.1 does not apply to: (a) any Purchased Item which has been sealed for health protection or hygiene purposes (for example, play dough, putty, slime and similar craft or sensory consumables supplied sealed), once unsealed after delivery; and (b) any Purchased Item which becomes mixed inseparably with other items after delivery.

If you wish to exercise your right to cancel, you must contact us by emailing [email protected] or by making any other clear statement to us setting out your decision to cancel. We will send you an acknowledgement of receipt by email.

If you cancel under this clause 28, you must send the Purchased Item back without undue delay and in any event within 14 days of telling us you wish to cancel, at your own cost, to the returns address we notify to you. Please note that the returns address will differ depending on how your item was fulfilled: items despatched from our Warehouse must be returned to the Warehouse, and Distributor-Fulfilled Items must be returned directly to the Distributor at the address we provide. Returning a Distributor-Fulfilled Item to the Warehouse (or vice versa) may delay your refund.

We will reimburse to you all payments received from you for the Purchased Item, including standard delivery charges (but not any premium for an enhanced delivery option you selected). We may reduce your refund to reflect any reduction in the value of the Purchased Item caused by your handling of it beyond what is necessary to establish its nature, characteristics and functioning.

We will make the reimbursement no later than 14 days after the day we receive the Purchased Item back (at the Warehouse or, for Distributor-Fulfilled Items, at the Distributor) or, if earlier, 14 days after the day you provide evidence that you have sent the Purchased Item back. We will make the reimbursement using the same means of payment you used, unless you expressly agree otherwise.

We are under a legal duty to supply Purchased Items that are in conformity with the Contract. Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015, including your rights where a Purchased Item is faulty, not as described or not fit for purpose. For pre-loved Purchased Items, the pre-loved standard described in clause 4.2 forms part of the description for these purposes.

If a Purchased Item is faulty or misdescribed, please contact us at [email protected]. Where a return is required, we will provide the correct returns address (the Warehouse or the relevant Distributor, as applicable) and we will bear the reasonable cost of returning the faulty or misdescribed item.

You may purchase gifts via the Website intended for another person (the "Recipient") to receive and redeem. A gift may comprise: (a) an electronic gift code or physical gift card carrying a value redeemable on the Website; and/or (b) physical toys selected by you up to the value of the gift, added for a handling fee as set out during the Order process (together, a "Gift"). Please note that Distributor-Fulfilled Items are not eligible for gifting options, as set out in clause 26.

PLEASE NOTE THAT CLAUSES 30.3 TO 30.10 APPLY TO YOU AND TO ANY USE OF THE GIFT BY THE RECIPIENT. YOU MUST MAKE THE RECIPIENT AWARE OF THESE TERMS.

The value of the Gift can be redeemed by the Recipient on the Website against any of the subscription plans offered via the Subscription Service (and against such other Services as may be indicated on the Website). Purchasing a gift code does not automatically begin a Subscription: the gift code will need to be redeemed and activated on the Website by the Recipient, and any Subscription entered into by the Recipient will be governed by these Terms (including Part C). It is your responsibility to ensure your Recipient can access the Services.

Gift codes and gift cards can only be redeemed once. They cannot be redeemed in whole or in part for cash, cannot be used to purchase further gift cards, and may not be used in conjunction with any other discounts or offers unless expressly stated.

Gift cards and gift codes do not currently have an expiry date. We may introduce an expiry period in the future, but any such expiry period will only apply to gift cards and gift codes purchased after the change takes effect and will be made clear at the point of purchase.

Please keep gift cards and gift codes secure. Gift cards and gift codes are non-refundable (save as set out in clause 30.11) and cannot be replaced if lost or stolen, although please contact us at [email protected] and we will provide reasonable assistance.

Any physical toys added to your Gift are hired as part of your Gift and do not constitute the sale of brand new toys. We only make toys available that are in good working order. Toys may have been used by other customers, but in each case we will ensure that the toys are in good working order prior to delivery.

If the Recipient chooses not to redeem the gift code or start a Subscription, the Recipient may keep the physical toys included in your Gift.

If the Recipient chooses to redeem the gift code and enter into a Subscription with us, the gifted toys are deemed to be Hired Toys held in the Recipient's possession under their Subscription. Accordingly, the Recipient will need in due course to return the toys to us or purchase them outright in accordance with these Terms.

Where indicated on the Website, a Recipient may instead exchange gifted toys for Credit equal to the price paid for those toys, in accordance with the process set out on the Website, provided the toys are unused and in the condition in which they were delivered. Any such Credit is applied to the Recipient's Whirli account and is subject to clauses 9.4 and 9.5.

Electronic gift codes will be made available by email. Physical gift cards and gifted toys can be delivered to your or the Recipient's home or work address in the United Kingdom, as specified during the Order process. We will deliver Gifts between three and four Business Days after receiving your Order, and you may have the option, for an additional payment as set out on the Website, to select expedited delivery. Clauses 5.2 to 5.4 apply to the delivery of Gifts.

You have the right under the Regulations to cancel your purchase of a Gift, for any reason, within 14 days from the day on which you or the Recipient (as applicable) receives possession of it, provided that the Gift has not been used or redeemed and that any gifted toys are returned to us. These cancellation rights can only be exercised by you (the purchaser of the Gift) and cannot be exercised by the Recipient. If the Gift is redeemed or used during the 14-day cancellation period then the Gift has been fully consumed and you will no longer have the right to cancel.

If you wish to exercise your right to cancel under clause 30.12, you must contact us by emailing [email protected] or by making any other clear statement to us setting out your decision to cancel, before the cancellation period has expired. We will send you an acknowledgement of receipt by email. If you cancel in accordance with this clause, we shall cancel the Gift and refund the purchase price to you. Refunds will only be made to the credit or debit card(s) used to make the original payment.

The Buy-Back Service allows you to sell eligible toys to us in exchange for Credit. Eligible toys are: (a) items previously purchased via the Website; and (b) items purchased elsewhere, provided the item is a toy that we currently stock (as indicated by the Buy-Back tool on the Website). We reserve the right to determine, acting reasonably, whether any particular item is eligible.

By submitting a Buy-Back request you confirm that you are the legal owner of the toy, that it is free from any third party rights, and that it has not been recalled by the manufacturer or any regulator.

When you submit a Buy-Back request via the Website, you will select the condition of your toy and receive an estimated valuation calculated using the toy's RRP and the condition-based percentages published on the Website at that time. The estimated valuation is provisional only and does not constitute an offer or acceptance by us.

The Credit for a toy is calculated in two steps:

1. first, we calculate the toy's gross value by multiplying the toy's RRP by the percentage applicable to its condition (the "Gross Value"). As at the date of these Terms the condition percentages are: New – 60%; Excellent – 40%; Good – 30%; Satisfactory – 20%; and Missing Pieces – 10%; and
2. second, the Credit you receive is 70% of the Gross Value.

By way of example only, a toy with an RRP of £50 in New condition has a Gross Value of £30 (60% of £50) and would attract Credit of £21 (70% of £30). The condition percentages, and the percentage of Gross Value payable as Credit, are as published on the Website from time to time; the figures applicable to your Buy-Back request are those published at the time you submit that request.

On receipt of your toy at the Warehouse, our team will inspect and grade its condition. If our grading differs from the condition you selected, we will adjust the Credit accordingly and the Credit issued will be based on our grading, determined in our reasonable opinion. Our grading is final.

Once graded, the applicable Credit will be applied to your Whirli account and we will notify you by email. Credit is subject to clauses 9.4 and 9.5.

You are responsible for packaging your toys securely and for the cost and risk of sending them to the Warehouse, unless otherwise stated during the Buy-Back process. We recommend that you use a tracked delivery method and retain proof of postage.

IMPORTANT: toys sent to us under the Buy-Back Service cannot be returned to you once they have been received at the Warehouse, whether or not you are satisfied with the final grading and Credit issued. Ownership of the toy passes to us on receipt at the Warehouse. Please make sure that you are happy with these Terms, and with the possibility that our grading may differ from your selected condition, before sending anything to us.

If, on inspection, we determine that a toy is ineligible for the Buy-Back Service (for example, because it is counterfeit, subject to a safety recall, unhygienic, or not an item we stock), no Credit will be issued for that toy. Where reasonably practicable we will contact you before disposing of, donating or recycling any ineligible toy, but we accept no obligation to return it and no liability for its loss.

Toys graded as Missing Pieces may be used by us as spare parts donors or otherwise given a new life within our operations.

We may amend or add to these Terms as they apply to your Subscription or other Contract during the Initial Term or Renewal Period (as applicable) for security, legal or regulatory reasons, provided that:

1. we shall notify you at least two days in advance of such amendment or addition; and
2. we will not use this right to vary the price or the main rights granted to you under these Terms.

We may also need to revise the Terms from time to time for reasons other than as set out in clause 34.1. If that is the case:

1. we shall provide you with at least seven days' notice in advance of such revision;
2. for Subscriptions, such revision shall take effect at the start of the next following Renewal Period, and for other Services such revision shall apply to future Orders only; and
3. if you are dissatisfied with such revision, you may terminate your Subscription in accordance with clause 17.3 or choose not to place future Orders (as applicable).

We shall terminate your Subscription or other Contract at any time with immediate effect without refunding or compensating you by giving written notice to you if we cannot process the Charges due from you using the payment details you provided.

We may, at our option, suspend access to the Services or terminate any Contract at any time with immediate effect without refunding or compensating you by giving written notice to you if:

1. you breach these Terms (save for non-payment which shall be dealt with under clause 35.1), although for non-serious breaches we will first give you an opportunity to put things right which you will need to do within seven days; or
2. we reasonably believe that your use of the Services is infringing or is likely to infringe any third party rights or you are in any other way committing fraudulent activity in the use of the Services.

We may also suspend or terminate any Contract at any time with immediate effect if we cannot provide the relevant Service to you due to technical or operational reasons outside of our control. In these circumstances, we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of the Service remaining after termination occurs.

We may cancel your Subscription at the end of the then current Initial Term or Renewal Period by notifying you accordingly.

If we terminate a Contract in accordance with clauses 35.1 to 35.4 (inclusive), then you must return any Hired Toys without undue delay (save for any you elect to purchase under clause 13). If you have failed to return such Hired Toys within 14 days of the date of termination then you shall owe to us the aggregate Residual Value or Replacement Value (as applicable) of those Hired Toys and we shall take payment from you accordingly.

On expiry or termination of any Contract for any reason:

1. you shall immediately pay to us all outstanding unpaid Charges; and
2. where your account is closed, your access to the Services will be revoked.

We shall pay any refund due from us to you on termination no later than 30 days from the date of termination. We shall pay such refund using the Payment Method you selected when you placed your Order.

As between you and us, we are the owners or licence holders of the Intellectual Property Rights in the Services. You acknowledge and agree that nothing in these Terms or in an Order shall be construed so as to transfer any Intellectual Property Rights in the Services to you.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.

We do not exclude or limit our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation; or
3. any implied warranties, remedies or other liabilities not permitted to be excluded or limited under sections 31 and 57 of the Consumer Rights Act 2015.

You agree that you shall be responsible to us and our Affiliates for any losses that we or our Affiliates suffer as a consequence of any breach by you of these Terms.

Save as set out in clause 38.2, our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, shall not exceed the amount of the Charges paid by you to us under the relevant Contract.

We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purposes then:

1. you will be in breach of these Terms; and
2. we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

This clause 38 shall survive termination or expiry of these Terms.

From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers on the Website. Each such offer shall be governed by its own express terms.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

1. we will attempt to contact you as soon as reasonably possible to notify you; and
2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Either we or you may terminate the relevant Contract if an Event Outside Our Control affects the performance of our obligations under these Terms for 15 days. If we exercise this right of termination, we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of the relevant Service remaining after termination occurs.

When we refer in these Terms to "in writing", this will include e-mail.

Our place of business is Whirli, Part Ground Floor Warehouse, Salts Mill, Victoria Road, Shipley, BD18 3LA, United Kingdom. Our VAT number is 414 9960 74. Our registered office is Greystone, Howden Avenue, Keighley, BD20 6HB, United Kingdom.

You may contact us by emailing us at [email protected].

If we need to contact you, we will do so via email. Emails will be deemed to have been delivered on the day that they are sent to you, provided we have not received a failed delivery notice (in which case we will send a notice via your account and they'll be deemed sent the day after they appear). We will send emails to you using the email address that you provided to us so please make sure you keep us updated with any changes to your email address.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

We may transfer our rights and obligations under these Terms in whole or in part at any time to any third party (a "New Service Provider") without your consent in accordance with clause 42.3 below.

We shall only transfer our rights and obligations to a New Service Provider provided that it does not materially affect your rights or enjoyment of the Services and, in the event that we transfer our rights and obligations to a New Service Provider:

1. we shall give you advance written notice of such transfer;
2. the Terms shall remain in full force and effect as if you had entered into the relevant Contract with the New Service Provider as opposed to us; and
3. all your rights arising from these Terms shall be enforceable against the New Service Provider.

These Terms are made between you and us and no other person other than our Affiliates shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. For the avoidance of doubt, no Distributor or accommodation or other partner has any rights or obligations under any Contract.

Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are governed by English law. This means that your access to and use of the Services, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

You can bring proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.