24 No partnership, joint venture or agency
24.1 Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between SMART MAJORITY and the Customer, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
25 Written Communications
25.1 Applicable laws require that some of the information or communications SMART MAJORITY send should be in writing. The Customer accepts that communication with SMART MAJORITY will be mainly electronic. SMART MAJORITY will contact the Customer by e-mail or provide the Customer with information by posting notices on the SMART MAJORITY website. For contractual purposes, the Customer agrees to this electronic means of communication and the Customer acknowledges that all contracts, notices, information and other communications that SMART MAJORITY provides to the Customer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Customer's statutory rights.
26 Notices
26.1 Any notice or other communication required to be given under this Agreement shall be in writing and shall be delivered personally, or sent by e-mail or by post to the other party and for the attention of the person or as otherwise specified by the relevant party by notice in writing to the other party.
26.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to in Condition 28.3, or if sent by e-mail 24 hours after the e-mail is sent, or if sent by post at 9.00 am on the second Business Day after posting. 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 e-mail that such an e-mail was sent to the specified e-mail address of the addressee.
26.3 The following addresses shall be the addresses to which any notice or other communication should be sent in relation to this Agreement:-
26.3.1 SMART MAJORITY and
26.3.2 Customer:the last known e-mail address or address of the Customer as supplied by the Customer to SMART MAJORITY and in each case as the same may be updated in writing from time to time.
26.4 The Customer shall notify SMART MAJORITY immediately in writing of any change of address or contact details.
26.5 Any complaints should be addressed in terms of SMART MAJORITY Complaints Policy.
27 Rights of third parties
27.1 Save as expressly provided in this Agreement, no term of this Agreement shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees).
28 Governing law and jurisdiction
28.1 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Scots law.
28.2 The parties irrevocably agree that the Scottish Courts shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject matter or formation (including non-contractual disputes or claims).
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