Matchpeg Terms and Conditions of Use

1. Acceptance of terms

1.1 Introduction

This policy was last updated on 2nd May 2007.

Welcome to the website Matchpeg.com (the "Site"), a service for matching people and ideas online (the "Service"). The Site is operated by Matchpeg Limited (the "Company") a company registered in England and Wales, with company registration number 5017973 (VAT registration number 886 2775 66), and whose registered office is at 94 New Bond Street, London, W1S 1SJ, United Kingdom.

1.2 Scope of Agreement

Matchpeg provides its service to you subject to the following Terms and Conditions of Use.

These Terms and Conditions of Use, (the "Agreement") governs your use of the Internet Website located at www.Matchpeg.com.

The terms "Matchpeg", "us", "we" or "our", refer to the owner and operator of the Site, Matchpeg Limited.

The term "you" refers to the Visitor, Registered User, Customer or viewer of the Site.

Please read the following Terms and Conditions of Use carefully before using this Site and registering or paying for any of our services, so that you are aware of your legal rights and obligations with respect to Matchpeg.

Access to this Site, other than to the information and registration pages is restricted to registered users of Matchpeg.com. Everything on this Site, including the Services for Registered Users is subject to these Terms and Conditions of Use. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Matchpeg's relationship with you in relation to this website.

1.3 Changes to the Agreement

Matchpeg reserves the right to revise the Terms and Conditions of Use from time to time and at any time without providing notice to you. In the case of changes to the Rate Tariff for regular Subscribers Matchpeg will provide one month's notice of any changes to the published rates.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions of Use.

Any changes to the Agreement will be posted on the Site. Your continued use of the Site and Services contained within after changes have been posted here shall be deemed irrevocable acceptance of those revisions.

You can view the most current version of the Terms and Conditions of Use at: http://www.matchpeg.com/terms.asp.

1.4 Variations of the Agreement

Any variation to these Terms and Conditions of Use shall have no effect unless 1) the new version is posted on this Site or 2) is expressly accepted and agreed in writing and signed by a director of the Company.

1.5 Definitions

In these Terms and Conditions of Use, the following definitions shall apply:

"Account" means access to Matchpeg for a firm or collective group of registered individuals.

"Agreement" means these Terms and Conditions of Use.

"Content" means information supplied by Registered Users of the Service consisting of Private and Public Content.

"Company" means Matchpeg Limited.

"Customer" means A Registered User who has purchased Units either as a Subscriber or on a Pay-As-You-Go basis.

"Data" means information, content and tools provided by Matchpeg.

"Matchpeg" means Matchpeg.com the website operated by Matchpeg Limited.

"Matchpeg.com" means the website operated by Matchpeg Limited.

"Matchpeg Limited" means Matchpeg Limited and any subsidiary, holding or associated Company.

"Normal Working Hours" means 9am to 5pm GMT, Monday to Friday.

"Pay-As-You-Go" means an Account or Registered User who purchases Units on an ad- hoc as needed basis with no ongoing financial commitment.

"Privacy Policy" means the the policy that sets out how Matchpeg uses and protects any information that you give Matchpeg when using the Site.

"Private Content" means information provided by you which is only available within your account.

"Public Content" means information provided by you which may be available to other visitors.

"Rates Tariff" means the charges associated with purchasing Units in order to access services on either a Pay- As-You-Go or subscription basis.

"Registered User" means an individual who has become a Registered User by providing details to gain access to the Service within the created Account or someone who has been registered by a colleague within an account.

"Subscriber" means an Account or Registered User who has entered into an commitment to purchase regular units from Matchpeg in return for preferential rates.

"Service(s)" means the services made available and provided by Matchpeg.com to registered users through or via the Site.

"Site" means the website Matchpeg.com operated by Matchpeg Limited.

"Terms and Conditions of Use" means this Agreement that governs the use of the Site and the Service(s).

"Units" means the pseudo currency utilised by Matchpeg for payment and access to a range of Services.

"Visitor" means a visitor to the Matchpeg website who has not yet registered and created an Account.

"We/us/our" means Matchpeg Limited.

"You" means the Visitor, Viewer, Registered User, Customer, User of the Site and Services at Matchpeg.com.

1.6 Interpretation

In these Terms and Conditions of Use, the singular includes the plural and vice versa.

The headings in these Terms and Conditions of Use are for convenience only and shall not affect their interpretation.

2. Data

2.1 Privacy

Matchpeg respects user privacy. Your privacy is very important to us at Matchpeg and we pay a lot of attention to security when developing our products and Services.

To better protect your rights we have provided the Matchpeg Privacy Policy to explain our privacy practices in detail.

The Matchpeg Privacy Policy forms part of these Terms and Conditions of Use, and governs the usage of your personal information.

We will collect personal information in connection with the service we provide. The personal information (including sensitive personal information) you provide to us will be stored on our computer servers. You consent to us using this information to build up a profile of preferences and browsing patterns and to allow you to participate in the Services.

We only store your credit/debit card details on our servers if you pay by monthly subscription. If you use Matchpeg on a pay-as-you-go basis, we discard your card details as soon as we have billed you for your unit purchase.

In the event that Matchpeg is sold to a third party or undergoes any type of reorganisation, you agree that any personal information Matchpeg holds about you may be transferred to that third party or reorganised entity.

The Matchpeg Privacy Policy has details on what information we collect, what we do with that information, and other related matters such as cookies.

2.2 Copyright and Intellectual Property

Matchpeg.com owns and retains all proprietary rights in the Site and the Service.

All copyright, database rights, trade marks, design rights, patents, and other intellectual property rights in any and all aspects of the Site (including, but not limited to, the text, design, layout, feel, structure, graphics, photographs, other images and sound and their selection and arrangement, all software (including compilations, underlying source code and applets) and all other material on the Site is either owned by Matchpeg and/or its affiliates or have been licensed to Matchpeg and/or its affiliates so that Matchpeg and/or its affiliates can use such material as part of its Site.

You may view the Site and you are welcome to print hard copies of material on it for your personal, non-commercial use on the condition that you do not delete, change or alter the information in any way.

Except for that information which is in the public domain or for which you have been given written permission, you may not copy(whether in electronic, hard copy or other format), adapt, modify, publish, republish, transmit, distribute, perform, post, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information.

2.3 Trademarks

All trademarks reproduced in this website, which are not the property of, or licensed to the Company are acknowledged on the Site.

2.4 Information Disclaimer

The material at this Website is provided "as is" without any conditions, warranties or other terms of any kind and is subject to change without notice.

We make every effort to ensure that the information on our website is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Matchpeg is not liable for any action you may take as a result of relying on any information provided in this Site or for any loss or damage suffered by you as a result of you taking this action.

2.5 Data Protection

Each party shall comply with its obligations under the Data Protection Act 1998.

3. The Service

3.1 Description of Service

Matchpeg is a provider of Internet based business tools (the "Service").

3.2 Basis of Service

You understand and agree that the Service is provided on an "as is" and "as available" basis.

Matchpeg disclaims all responsibility and liability for the availability, timeliness, security, reliability, deletion, mis-delivery, or failure to store any information, communications, or settings of the Service.

Every care has been taken to describe the Services on this Site accurately, but variations in actual services may occur.

3.3 Right to Cancel

Matchpeg also reserves the right to change, suspend, or cancel the Service.

3.4 Licence

Matchpeg grants the registered user a non-exclusive, revocable, licence to use the Service solely for the purposes as described throughout the Site.

3.5 Basis of Proper Use

As a Registered User you acknowledge and agree that you shall only use the Service and Data contained therein for the purposes intended.

You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations.

3.6 Modification

You shall not modify or alter the Site or Service in any way.

3.7 Non-Competition

You shall not use the Service and/or the Data to provide a service which is equivalent to, similar to or competes with the business of the Company.

3.8 Service Supplier

Unless specified otherwise, the Services you purchase will be supplied by Matchpeg Limited, with the exception of third party partners which are used for the secure processing of payments.

4. Obligations of Proper Use

4.1 Eligibility

You must be human and at least eighteen years old to become a Registered User of Matchpeg.com. Accounts registered by automated methods are not permitted.

By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.

Use of the service is invalidated if these conditions are not met.

4.2 Registration

All Visitors may browse the homepage, general information and registration pages. Other parts of the Site may only be accessed by Registered Users.

To become a Registered User you must provide your full legal name and a current valid e-mail address together with other current and accurate information that may be required as part of the registration process and/or continued use of the Service.

4.3 Passwords and Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process with the Service, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Matchpeg of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

Matchpeg will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Matchpeg reserves the right to refuse the Service without notice to anyone, at any time, for any reason.

4.4 Maximum number of users

You are permitted to use the Service according to the number and type of licenses purchased. Your login may only be used by one person. Sharing of passwords and other logging on information is strictly forbidden.

4.5 Excessive Usage

Where the Company feels that amount of usage recorded against a number of Registered Users does not correspond with the expected usage reasonably expected by the number of Registered Users, then the Company reserves the right to investigate the causes of such usage. The Company may restrict use of the Service(s) as a result of such investigations.

5. Content

5.1 Responsibility

You are responsible for all activity and posted Content that occurs under your Account and for any consequences thereof, including when Content is posted by others who have registered under your account.

5.2 Public Content

Whenever you submit information or Content as part of the Service or to any other area to which Visitors have access, you are deemed automatically to have granted to Matchpeg, for the purposes of carrying out our Services, a perpetual, irrevocable, royalty- free, sub- licensable, non-exclusive right and licence to use that content in any way it wishes, including but not limited to, reproduce, modify, adapt, publish and create derivative works from and to make your content available to Visitors of the Site.

If you do not want to grant Matchpeg the rights set out in this paragraph, please do not submit your Public Content to the Site.

By submitting your Content to the Site you warrant that you have the right to make your Content available to Matchpeg for the purposes specified in the paragraph above; the Content is not defamatory; the Content is not false, misleading or inaccurate; and the Content does not infringe any law; and you agree to indemnify Matchpeg for and against all legal fees, damages and other expenses that may be incurred by Matchpeg as a result of your breach of the above warranty; and waive any moral rights in the content for the purposes of its submission to, publication and/or use by Matchpeg on this Site in accordance with the licence set out in this paragraph above.

5.3 Private Content

Where content is provided via Matchpeg Services to your Registered Users within your own Account we claim no intellectual property rights over the material you provide to the Service.

Matchpeg does not pre-screen Content, but Matchpeg retains the right (but not the obligation) at their sole discretion to refuse or remove any Content that is available via the Service.

5.4 Prohibited Content

You represent and warrant that at any time of posting the Content is accurate, is not in breach of this Agreement, and not harmful to any person in any way.

The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Matchpeg reserves the right to amend this list at any time and to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the registration of such violators.

It includes Content that is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; constitutes a Portrait or photographs of any third person used without their permission; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spanning"; promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You shall not include in your Public Content any telephone numbers, street addresses, last names, URLs or e-mail addresses. You shall not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Service or networking for commercial purposes. You may not transmit any chain letters or junk e- mail to other users.

5.5 Prohibited Activities

Your use of the Service is subject to your acceptance of and compliance with the Terms and Conditions of Use, including the Privacy Policy.

You warrant and represent that you will use the Service in compliance with all applicable local, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported to or from your country of residence.

You may not do any of the following except to the extent expressly set out in these Terms and Conditions of Use or with our express written permission (in which case you must comply with any terms relating to such use that we specify). You warrant and represent that you shall not, and shall not give permission to any third party to:

(a) copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Site except as set out within this Agreement.

(b) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Matchpeg;

(b) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

(c) prevent others from using the Service;

(d) use the Service for any inappropriate or fraudulent purpose;

(e) act in any way that violates the Matchpeg Terms and Conditions of Use;

(f) decompile, reverse engineer or otherwise attempt to discover the source code of the Service available on the Site;

(g) copy or use any material from the Site for any commercial purpose;

(h) harass, stalk, threaten or otherwise violate the rights of others;

(i) harm or threaten to cause harm to minors;

(j) impersonate anyone else or otherwise misrepresent your identity or status;

(k) hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of Matchpeg or any third party;

(l) collect and process others' personal data except where this is expressly permitted by these Terms and Conditions of Use or on the Site (in which case you must comply with any terms relating to such collection and processing that we specify);

(m) advertise or offer to sell products or services, except where this is expressly permitted by the Site (in which case you must comply with any terms relating to such use that we specify).

Matchpeg reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to cancel your registration, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms & Conditions of Use or any breach of applicable law or regulation. Matchpeg will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

Violation of any of the foregoing may result in immediate termination of the Service, without refund, and may subject you to legal consequences. Matchpeg reserves the right, but has no obligation, to investigate your use of the Service in order to determine whether a violation of the Terms and Conditions of Use has occurred or to comply with any applicable law, regulation, legal process, or governmental request.

6. Price and Payment Terms

6.1 Payment for Services

As a Registered User you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must purchase Units either on a Pay-As-You-Go basis or as a Subscriber to the Service. Once purchased, Units cannot be converted back into cash.

6.2 Price Changes

Please see our Rates Tariff for a description of the current Unit rates and payment options. This Rates Tariff is part of this Agreement.

The Company shall be entitled to vary the Rates Tariff and change the subscription fees for the Service at any time but we will give Subscribers reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your subscription by writing to our address or by emailing subscriptions@matchpeg.com

6.3 Recurring Subscription

Registered Users of the Service may choose to become a Subscriber by agreeing to a regular payment schedule in return for preferential Unit rates. By becoming a Subscriber, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges without further authorisation from you, prior to cancellation and authorise Matchpeg to levy such charges.

To give notice to cancel your subscription or change your payment method, log in to the Service and use the Payments link on the main dashboard page.

Such notice will not reasonably affect charges submitted before Matchpeg reasonably could act.

6.4 Timely and Accurate Information

You must provide current, complete and accurate information for your billing account.

You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Matchpeg if your payment method is cancelled (E.G. from loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your username or password.

Changes to such information can be made on the Site. If you fail to provide Matchpeg with any of the foregoing information, you agree that Matchpeg may continue charging you for any use of the Service under your billing account unless you have terminated your subscription for the Service (confirmed in writing upon request by Matchpeg).

6.5 Termination of Subscription

You may terminate your subscription without notice and retain your unused unit balance and will retain the privileges of a Pay-As-You-Go customer for your continued use of the Service(s).

7. Access and Support

7.1 Access to Service

While Matchpeg endeavours to ensure that the Site is normally available 24 hours a day, we do not guarantee that access to or use of the Site or any Sites or pages linked to it will be uninterrupted or error free.

Access to the Site will be on an "as is" and "as available" basis.

Matchpeg may change the format and content of the Site from time to time.You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

Matchpeg shall not be liable for any scheduled or unscheduled interruptions on the website.

We do not represent or warrant that you will be able to use the Site or that it will continue to be made available in its current or any other form at the current domain name or any other domain name and we reserve the right to suspend or close the Site under the terms defined above.

7.2 Suspension of Service

Matchpeg may suspend access to and the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7.3 Modification of Service

The Company shall be entitled to modify the Service at any time provided that there is no material decrease or deterioration in the functionality of the Service.

7.4 Defects and Viruses

Matchpeg does not warrant that the functionality contained in the Service provided by the Site will be uninterrupted or error-free, compatible with your equipment or fit for any purpose, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

It is your responsibility to use suitable anti-virus software on any software or other material that you may download from the Site and to ensure the compatibility of such software or material with your equipment.

We do not represent or warrant that news, prices, opinions and other information on the Site are accurate or complete.

Any warranties which would otherwise be implied by law (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded to the fullest extent permitted by law.

7.5 Customer Support

Matchpeg provides assistance and guidance to Customers through its customer care representatives via e- mail and additionally via telephone for regular paying Subscribers.

When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive.

If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused Unit or Subscription fees.

7.6 E-mail Communications

Any e-mail communications made by you to us either through the Site or otherwise shall take effect when they are actually received by us if sent to the relevant e-mail addresses published on the Site.

We may act on any instruction or other communication, whether made by e- mail or otherwise, if we believe in good faith it has been given or sent by you or on your behalf. In the interests of security we may (if we determine it to be necessary and without having first sought your express permission) telephone you to confirm or authenticate any instructions received from you by e-mail or other method of communication.

There may be delays in executing any instructions that you send to us by means of e- mail. For example, your e- mail may be received by us outside normal business hours, in which case we will only act thereon as soon as may be practicable during the next business day.

You should be aware that all information or instructions e-mailed to us will be acted upon off-line and will not be processed or fulfilled automatically. This means that your information or instructions will not necessarily be processed or fulfilled or acted upon immediately and in some cases there may be a reasonable delay before processing or fulfillment of them.

8. Legal

8.1 Duration and Termination

This Agreement will remain in full force and effect while you are a Registered User of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you can postpone commencement of the Service until the seven working day cooling-off period has expired. However, if you choose to become a Customer and enter the Site, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under the above Regulations.

Termination of Account By You

You may instruct us in writing to terminate your Account and remove all Registered Users details and Account history. You will not be entitled to a refund of any subscription fees or any unspent balance of units.

Termination of Account By Us

Matchpeg may suspend or terminate your Account, including your access and use of this Site and/or the provision to you of any Service with immediate effect in the event that you:

(a) breach any of these Terms and Conditions of Use;

(b) do not pay any sums due to us; or

(c) cease to carry on your business or shall have a liquidator, receiver or administrative receiver appointed to you or over any part of your undertaking or asset or shall pass a resolution for your winding up (otherwise than for the purpose of a bona fide scheme or solvent amalgamation or reconstruction where the resultant entity shall assume all your liabilities) or a court of competent jurisdiction shall make an order, or shall enter into any voluntary arrangement with its creditors, or shall be unable to pay its debts as they fall due or similar in any other jurisdiction.

We will send you notice of termination at the e-mail address you provide in your application for membership or such other e-mail address as you may later provide to us. We can terminate this Agreement at any time by giving you reasonable advance written notice.

Deactivation

Matchpeg.com may deactivate the Accounts of members who have not used the Service for a period of six months or more (as calculated by the date of last connection to the Service) unless you are a paying subscriber.

Matchpeg will make reasonable attempts to contact you and ascertain if you wish to retain your account. Confirmation of which or non- reply within 30 days will be deemed acceptance of deactivation.

8.2 Disputes

You are solely responsible for your interactions with other Matchpeg Users through the Site. Matchpeg reserves the right, but has no obligation, to monitor disputes between you and other users.

8.3 Limitation of Liability

Nothing in this legal notice shall exclude or limit Matchpeg's liability for (a) death or personal injury caused by negligence [(as such term is defined by the Unfair Contract Terms Act 1977)]; (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.

Subject to the foregoing, Matchpeg and any of Matchpeg's group companies, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Service or this Site in any way or in connection with the use, inability to use or the results of use of this Site.

Subject to the foregoing, Matchpeg's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Matchpeg for the Service during the term you were a paying customer.

8.4 Notices

Any notice or other communication to be given under these terms must be in writing and may be delivered or sent by electronic mail, prepaid first class letter post or facsimile transmission to the party to be served at that party's last-known address.

Any notice or document shall be deemed served: if sent by electronic mail, three hours after transmission (unless a notice of non-delivery is received from the relevant internet services provider); if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission provided that in each case service shall only take effect during Normal Working Hours.

8.5 Waiver

No right under the Contract shall be deemed to be waived except by notice in writing signed by each party.

A waiver by a party will not prejudice its rights in respect of any subsequent breach of the Contract by the other.

Any failure by a party to enforce any clause of the Contract or any forbearance, delay or indulgence granted by it to the other, will not be construed as a waiver of its rights under this Agreement.

Each party unconditionally waives any rights it may have to claim damages against the other on the basis of any statement made by the other (whether made carelessly or not) not set out or referred to in these terms (or for breach of any warranty given by the other not so set out or referred to) unless such statement or warranty was made or given fraudulently.

Each party unconditionally waives any rights it may have to seek to rescind these terms on the basis of any statement made by the other (whether made carelessly or not) unless such statement was made fraudulently.

8.6 General & Governing Law

These Terms & Conditions of Use form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

These Terms & Conditions of Use form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

No delay, neglect, forbearance on the part of us in enforcing any term or condition shall constitute a waiver of or otherwise affect any right we have.

Neither party shall be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure was beyond that party's reasonable control (including, without limitation, any failure of any third party to provide services in relation to the Internet, strike, lockout or other industrial action, act of God, war or threat of war, accidental or malicious damage, or prohibition or restriction by governments or other legal authority).

You agree that we may sub-contract the performance of any of our obligations or may assign any of our rights under the Terms and Conditions of Use.

These Terms of Use shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

8.7 Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

8.8 Assignment

Matchpeg may, and you may not, transfer, charge, assign, convey, subcontract or delegate rights, duties or obligations under this Agreement without our prior written consent.

8.9 Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Matchpeg as a result of this agreement or use of the Site and neither party may assume any obligation, directly or indirectly on behalf of the other without the other partys prior written consent.

8.10 Entire Agreement

This Agreement, accepted upon use of the Site and further affirmed by becoming a member of the Service, contains the entire agreement between you and Matchpeg regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

8.11 Contact

If you have any questions or concerns about this Terms and Conditions of Use or any issues raised in this Terms and Conditions of Use or on the Site, please contact us at: info@matchpeg.com