Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
IN USING THIS WEBSITE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK AND WITHOUT ANY LEGAL COVER. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE VENDORS, USERS AND BANDHUN LTD BY ACCESSING THIS WEBSITE INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS AND PRIVACY POLICY CONTAINED HEREIN.
Welcome to www.bandhun.com (hereinafter referred to as the “website” or “site” or “we” or “us”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the website constitutes your agreement to all such Terms.
The website is owned and operated by Bandhun LTD, registered at the company house, UK, No. 14855194. The website is an online platform that provides a venue to you to list and publish your services and classifieds which can be viewed by other vendors and users.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (herein after referred to as “Terms”). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
Please read carefully these Terms with our Privacy Policy, which is found at www.bandhun.com/T&C/privacy which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating them. You agree to be bound by subsequent revisions without prior notification and agree to review the Terms periodically for changes. The most up to date version of the Terms will always be available for your review under the link that appears at the bottom of the Website.
This website reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
- Definitions and Interpretation:
- “Vendor” refers to the businesses or individuals who creates accounts on our matrimonial website to advertise, promote, editorials and other services related to the wedding industry or products.
- “User” refers to the individual, group or any organisation who visit our website to access our services.
- “Agreement” means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the website which will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time without prior notification.
- www.bandhun.com means the website that provides a platform to vendors to list and publish their services and advertisements so that their services may be used by visitors to the website.
- “Account” means the accounts created by the Vendors and Users on our website in order to use the Services provided by us and require information such as name, email address, password, contact number and any other information deemed necessary.
- “Content” means text, graphics, images, music, audio, video, information or other materials.
- “Vendor content” means all Content that a Vendor posts, uploads, publishes, submits or transmits to be made available through our website.
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
- These Terms and Conditions and Privacy Policy is governed by the laws of the United Kingdom.
- The official language of these terms shall be English.
- Eligibility of Membership:
- Use of the Site is available only to persons who can form legally binding contracts under applicable laws of the United Kingdom.
- If you are registering as a business entity, you represent that you have the authority to bind the entity to this Vendor Agreement. You must provide royalty free or authorised materials only any breach of this is entirely your responsibility, Bandhun Ltd will not be responsible for such breaches.
- Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
- Registration:
- In order to avail our services, you shall be required to create an account with us.
- If you choose to register with us you are required to provide certain personal information such as name, email address, and password etc.
- You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Bandhun Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, do not:
- Provide any false personal information to us (including without limitation a false Vendors name) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at ‘contact us’ link which can be found at the bottom of the website.
- You may not transfer or sell your www.bandhun.com account and Vendor ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- Website services at www.bandhun.com are not available to temporarily or indefinitely suspended members. Bandhun LTD reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
- One individual can own only one account in his/her name.
- You agree to comply with laws of the UK regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by us.
- Services
- Our website provides a venue to the Vendors to post their services, advertisements and other products provided by the vendors so that the users on our website may view them and obtain the services and products sold by the vendors, etc. (hereinafter collectively referred as “Services”.
- All the vendors will be provided a profile page which will serve as a profile for them. The vendors can operate their account from the profile page, add, edit, upgrade, downgrade, create; as per necessary.
- The vendors shall be added to a list of classifieds maintained on the website. This is a mandatory requirement of the website and an annual subscription will be charged. As the charge may vary time to time the cost will be displayed on the website.
- The vendors shall be able to promote their services by paying for advertisements to be posted on the website. Apart from the displayed duration of packages the vendor may choose to renew the duration of the promotions by filling in the appropriate duration period on the form or auto renew.
- The vendors shall be able to upgrade and downgrade all the promotions as per package deal.
- bandhun.com will display all the package deals on the site, the vendors can choose any package deals which will run as per the duration displayed on the website per package.
- Payments
- After choosing your package deal you will be directed to the check out.
- The vendor shall make the payment as required online.
- If you have chosen to renew your subscribed duration you must set up a mode of payment for recurring services.
- The payment can be made via: The secured checkout page.
- Our website uses third party payment providers to receive payments from Vendors. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
- We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at their end of payment process.
- The Vendors acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
- Our website reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- Refund, Cancellation and display
- We will only refund, if we fail to display your advertisements or promotions within the time limit of 48 hrs or the time limit displayed on the website.
- Bandhun LTD will not refund any displays once it has been uploaded on the website.
- Bandhun LTD will not refund in case of technical failures beyond our control or act of God.
- You can cancel your account after the duration of your advertisement/promotion or if you have stopped trading, no refund will be issued on this.
- We recommend that you keep your account for future use.
Display
- You must choose your package, duration and renew as necessary and pay at check out. Once all payments have been verified, Bandhan LTD will endeavour to display your advertisements / promotions as soon as possible with a minimum window of 24 hours not exceeding 48hrs. If your product is not displayed within this time frame please contact us immediately at ‘contact us’ which can be found at the bottom of the website.
- If more than 24 hours has lapsed without any technical difficulties beyond our control and your product is not displayed we will increase the duration of your advertisement/promotions by an extra 1 month
- Interactive areas/forums
You acknowledge that we may include various interactive areas/Forum (“FORUM”), including but not limited to ads/messages. These interactive areas allow feedback to our website and real-time interaction between Vendors and users. You further understand that we do not control the messages, information, or files delivered to such Forum and that we may offer you and other Vendors the capability of creating and managing Forum. However, we or our affiliates or representatives, directors, officers or any concerned authority are not responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another Vendor, as applicable. You recognise that we cannot, and do not intend to, screen communications in advance. Moreover, because we encourage open and candid communication in the Interactive Areas, we cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. We are not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that we have the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Vendors. If notified of Content that is alleged not to conform to this Agreement, we may investigate the allegation and determine in its sole discretion whether to remove or request the Vendor to remove such Content. We reserve the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion :
- violate the then-standard provisions of this Agreement or any other standard, our written policy in effect at that time.
- Be harmful to the rights of any Vendor, our website or other third parties.
- Violate applicable law, or be otherwise objectionable.
- You also acknowledge that we may send you e-mail for responses and follow-up updates to ads/messages, replies, auto-notify personal search agents, and any other transactions posted by you at our website. Your requested compliance is also stated clearly on the respective screens, which include but are not limited to, the registration and modification of accounts, the posting, modification, and deletion of ads/messages, the posting of replies, and the posting, modification, and deletion of auto-notify personal search agents.
- Transaction between vendors and users on the website
We are not involved in any transaction between any parties who use our site. There are risks which you assume when dealing with people who might be acting under false pretence all of these risks are borne by you. We are a platform only and do not screen or censor or otherwise control the listings offered to other Vendors, nor do we screen or censor or otherwise control the Vendors of its service. We cannot and do not control the behaviour of the participants on this site. We cannot control whether or not Vendors of our website will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE DUE DILIGENT THROUGHOUT YOUR DEALINGS AND TRANSACTIONS WITH OTHER PEOPLE ON THIS SITE. We do not assume responsibility for the content or context of the Vendor or users comment areas/interactive areas /Forums and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.
Vendors & Users
The products and services offered by you is your lone responsibility of providing them.
You are required to properly address the delivery time and refund policy on the site.
You shall clearly disclose your cancellation and refund policies to your customers.
That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
It is possible that the other Vendors/users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
You agree that you will not:
- Restrict or inhibit any other Vendor/user from using and enjoying the Interactive Features.
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law.
- Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rightful holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component.
- Alter, damage or delete any Content or other communications that are not your own content or to otherwise interfere with the ability of others to access our website,
disrupt the normal flow of communication in an Interactive Area.
- Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship.
- Violate any operating rule, policy or guideline of your Internet access provider or online service.
Reviews, Feedback, Submissions:
All reviews, comments, feedback, postcards, suggestions, ideas, advertisements, promotions, sponsors, pictures, videos and other submissions disclosed, submitted or offered to us on or by this website or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “materials”) shall be and remain our property. Such disclosure, submission or offer of any material shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any materials. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any materials you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- We are and shall be under no obligation:
- To maintain any Comments in confidence;
- To pay you any compensation for any Comments;
- or
- To respond to any material or comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no materials or comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
- Our website does not regularly review posted materials or comments, but does reserve the right (but not the obligation) to monitor and edit or remove any such entities submitted to the website.
- You grant us the right to use the name that you submit in connection with any Comments.
- You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your submission.
- You are and shall remain solely responsible for the contents you make and you agree to indemnify us and our affiliates for all claims resulting from any unlawful submission. We and our affiliates take no responsibility and assume no liability for any contents submitted by you or any third party.
- You may upload to any Interactive Area or your home page or otherwise transmit, post, publish, reproduce or distribute, on or through our website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on our website, without restriction whatsoever.
- Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to us the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit us to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content.
- Copyright & Trademark:
Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, photos, video’s and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of bandhun.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
- Termination:
We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to our website:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a Vendor, or any other person; or
- For other similar reasons. If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
- Disclaimers and limitation of liability:
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the website.
The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this vendor/user agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Website, Services and tools;
- Delays or disruptions in our Website, Services, or tools;
- Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; and
To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this vendor/user agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this VENDOR/USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE AMOUNT PAID BY YOU. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for:
(a) the unavailability of any of the Sites;
(b) any loss of data, information or materials caused by such system outages;
(c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages;
or
(d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
Vendor/User understands and agrees that any information or material and/or goods or services obtained through the service is done at vendor/user own discretion and risk and that vendor/user will be solely responsible for any damage resulting from any transaction.
- No advice or information, whether oral or written, obtained by vendor/user from us for free or through or from the service shall create any warranty not expressly stated herein.
- Governing laws and jurisdiction:
This Agreement shall be construed in accord with the applicable laws of The United Kingdom regardless of your physical location.
- The Courts at United Kingdom have exclusive jurisdiction in any proceedings arising out of this agreement.
- Dispute resolution:
Generally, transactions are conducted smoothly on our website. However there may be some cases where we and you may face issues. A ‘Dispute’ can be defined as a disagreement between you and us in connection with a transaction on the Website.
The best way to resolve any dispute is mutually:
Please write to us via email displayed at the bottom section of the website with your detailed dispute. If we fail to reach a mutual agreement, you have the right to seek further help and advice from the Ombudsman.
We are not responsible for any disputes arising between vendors and users of the website. Please seek independent advice.
Site security:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other Vendor, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Privacy:
All Personal Information and Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
Notice
By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
Links to other websites:
Links to third party Websites from this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and do not control and are not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks. We are not liable in any form, for any loss or legal issues arising from using such third party sites.
Force majeure:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(c) sabotage;
(d) accident;
(e) riot;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
Digital signature:
- By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
- By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
- Entire agreement:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
- Contact us:
For any further clarification of out Terms and Conditions, please write to us at info@bandhun.com
PRIVACY POLICY
This Privacy Policy applies between you, the User of this Website, and Bandhun Ltd , the owner and provider of this Website. Bandhun Ltd takes the privacy of your information very seriously. This Privacy Policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
This Privacy Policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: www.bandhun.com/privacypolicy
Please read this Privacy Policy carefully.
Definitions and Interpretation
- In this Privacy Policy, the following definitions are used:
Data | collectively all information that you submit to Bandhun Ltd via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws; |
Cookies | a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies); |
Data Protection Laws | any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation; |
GDPR | the UK General Data Protection Regulation; |
BANDHUN LTD, we or us | Bandhun Ltd, a company incorporated in England and Wales with registered number 14855194 whose registered office is at 123 Wigston Road, Coventry, West Midlands, CV2 2NG; |
UK and EU Cookie Law | the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018; |
User or you | any third party that accesses the Website and is not either (i) employed by Bandhun Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Bandhun Ltd and accessing the Website in connection with the provision of such services; and |
Website | the website that you are currently using, www.bandhun.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
- In this Privacy Policy, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Privacy Policy;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it;
- the headings and sub-headings do not form part of this Privacy Policy.
Scope of this Privacy Policy
- This Privacy Policy applies only to the actions of Bandhun Ltd and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
- For purposes of the applicable Data Protection Laws, Bandhun Ltd is the “data controller”. This means that Bandhun Ltd determines the purposes for which, and the manner in which, your Data is processed.
Data Collected
- We may collect the following Data, which includes personal Data, from you:
- name;
- date of birth;
- gender;
- job title;
- profession;
- contact Information such as email addresses and telephone numbers;
- demographic information such as postcode, preferences and interests;
- business or company name;
in each case, in accordance with this Privacy Policy.
How We Collect Data
- We collect Data in the following ways:
- data is given to us by you; and
- data is collected automatically.
Data That is Given to Us by You
- Bandhun Ltd will collect your Data in a number of ways, for example:
- when you contact us through the Website, by telephone, post, e-mail or through any other means;
- when you register with us and set up an account to receive our products/services;
- when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
- when you enter a competition or promotion through a social media channel;
- when you make payments to us, through this Website or otherwise;
- when you elect to receive marketing communications from us;
- when you use our services;
in each case, in accordance with this Privacy Policy.
Data That is Collected Automatically
- To the extent that you access the Website, we will collect your Data automatically, for example:
- we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
- we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.
Our Use of Data
- Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services;
- transmission by email of marketing materials that may be of interest to you;
- contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
in each case, in accordance with this Privacy Policy.
- We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
- For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:
- soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
- for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
- if you are not satisfied with our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
- When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Who We Share Data With
- We may share your Data with the following groups of people for the following reasons:
- our employees, agents and/or professional advisors – to process the information of the users or vendors for the purpose to conduct the business of the website;
- third party payment providers who process payments made over the Website – to enable third party payment providers to process user payments and refunds;
- relevant authorities – to facilitate the detection of crime or the collection of taxes or duties;
in each case, in accordance with this Privacy Policy.
Keeping Data Secure
- We will use technical and organisational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a user name that is unique to you.
- we store your Data on secure servers.
- Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: bandhunwedding@gmail.com.
- If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Data Retention
- Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this Privacy Policy or until you request that the Data be deleted.
- Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Your Rights
- You have the following rights in relation to your Data:
- Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase – the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
- Right to data portability – the right to request that we move, copy or transfer your Data.
- Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
- To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: enquiries@bandhunwedding.com
- If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
- It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to Other Websites
- This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This Privacy Policy does not extend to your use of such websites. You are advised to read the Privacy Policy or statement of other websites prior to using them.
Changes of Business Ownership and Control
- Bandhun Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Bandhun Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
- We may also disclose Data to a prospective purchaser of our business or any part of it.
- In the above instance s, we will take steps with the aim of ensuring your privacy is protected.
Cookies
- This Website may place and access certain Cookies on your computer Bandhun Ltd uses Cookies to improve your experience of using the Website and to improve our range of products and services. Bandhun Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
- All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
- Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Bandhun Ltd to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
- This Website may place the following Cookies:
Type of Cookie | Purpose |
Strictly necessary cookies | These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. |
Analytical/performance cookies | They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. |
Functionality cookies | These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). By using the Website, you agree to our placement of functionality cookie. |
- You can find a list of Cookies that we use in the Cookies Schedule.
- You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please see the help menu in your internet browser. You can switch off Cookies at any time, however, you may lose any information that enables you to access the Website more quickly and efficiently.
- You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
- It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
- For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
General
- You may not transfer any of your rights under this Privacy Policy to any other person. We may transfer our rights under this Privacy Policy where we reasonably believe your rights will not be affected.
- If any court or competent authority finds that any provision of this Privacy Policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy Policy will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to This Privacy Policy
- Bandhun Ltd reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Privacy Policy on your first use of the Website following the alterations. You may contact Bandhun Ltd by email at enquiries@bandhunwedding.com
Attribution
- This Privacy Policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
This Privacy Policy was created on 13 February 2024.
TERMS AND CONDITIONS
Vendor and Users
Application and Entire Agreement
- These Terms and Conditions apply to the provision of the services detailed in our quotation/pricing (Services) by Bandhun Ltd a company registered in England and Wales under number 14855194 whose registered office is at 123 Wigston Road, Coventry, West Midlands, CV2 2NG (we or us or Service Provider) to the person buying the services (you or Customer).
- You are deemed to have accepted these Terms and Conditions when you accept our quotation/pricing or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation/pricing (the Contract) are the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
- A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
Services
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation/pricing, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
- All of these Terms and Conditions apply to the supply of goods as well as Services unless we specify otherwise.
Your Obligations
- You must obtain any permissions, consents, license’s or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
- If you do not comply with clause 10, we can terminate the Services.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees
- The fees (Fees) for the Services are set out in the quotation/pricing and are on a time and materials basis, please check the latest pricings on the website.
- In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
- You must pay us for any additional services provided by us that are not specified in the quotation/pricing in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
- The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and Amendment & refund
As per section 6 of Terms and condition.
- Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation/pricing.
- If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
- If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- No refund is permissible if your listing is displayed over 24 hours. You can request withdrawal within 24hours of going live on the website.
Payment
- We will invoice you for payment of the Fees either:
- when we have completed the Services; or
- on the invoice dates set out in the quotation/pricing,
- online payment invoice
- You must pay the Fees on our online check out portal or telephone payment via debit card/credit card of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Time for payment shall be of the essence of the Contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 20% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
- Receipts for payment will be issued either automatically for online payment or manually at your request depending on the contract.
- All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-contracting and Assignment
- We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
- We can terminate the provision of the Services immediately if you:
- commit a material breach of your obligations under these Terms and Conditions; or
- fail to make payment any amount due under the Contract on the due date for payment; or
- are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Intellectual Property
- We reserve all copyright and any other intellectual property rights which may subsist in any goods/material supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
- Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
- The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
- We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation/pricing for:
- any indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
- You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
- Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
- When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
- The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
- For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
- The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
- The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.
- The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
- Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy, which can be found www.bandhun.com/privacypolicy. For any enquiries or complaints regarding data privacy, you can email: enquiries@bandhun.com.
Circumstances Beyond a Party’s Control
- Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No waiver
- No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
- These Terms and Conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Terms and Conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.