About Us -
Terms and Conditions
All orders placed on TNT
Direct are processed by Parcel2Go.com Limited on our behalf.
If you have any queries or experience any issues in respect of your service you should contact Parcel2Go.com Limited.
The registered office address of Parcel2go.com is Coe House, Coe Street, Bolton, BL3 6BU, United Kingdom.
TERMS AND CONDITIONS
these Terms and Conditions with care and particularly clauses 3.2, 6, and 9,
which set out the extent of our liability under these terms and conditions and
provide for an indemnity by you in certain circumstances.
Please note that certain
items are Prohibited Items and cannot be sent by any of our Services. Check
your item against the prohibited item list here:http://direct.tnt.co.uk/company/prohibited-and-restricted-items#prohib.
We reserve the right to deal with any Prohibited Items at our sole discretion
without being liable in any way to you or the recipient of the Consignment
containing the Prohibited Item(s). We have the right to dispose of any
Prohibited Items, in whole or in part, as we decide and reserve the right to
charge you for any reasonable costs we incur in doing so.
Certain other items are
carried without compensation cover for damage or loss and at your risk.
We do not accept any liability for loss of these items or damage to or made by
these items caused through the use of our Service. Check your item against the
item list not covered for compensation here: http://direct.tnt.co.uk/company/prohibited-and-restricted-items#unins. For further details it is important that you read
Certain other items
require more detail from you before they can be sent using our Service. Check
your item against the more information required list here:http://direct.tnt.co.uk/company/prohibited-and-restricted-items#moreinf.
Terms of Contract
In these Terms and
Conditions where the following terms are used, they shall have the following
means any item(s) of any sort which are, may be, or are intended to be,
received by us from any one sender at an address for us to carry and deliver to
any recipient at any other address.
Consignment” means a Consignment that is no longer in the condition in
which it was received by us, or which is or becomes a health and safety risk
of Gauge” a Consignment is deemed Out of Gauge if it is outside of the
weight and dimensions that we carry on a particular service.
Items” means cannot be carried on any Service.
(e) “Purchased” means
when you accept the Service Order.
(f) “The Collection
Point” means the address at which a Consignment is received or collected by
Delivery Point” means the address to which any Consignment is delivered by
Excepted Risks” means:
(i) war, invasion,
act of foreign enemy, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection or military or usurped power, or loot, sack
or pillage in connection, and/or
radiations or contamination by radioactivity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel, and/or
toxic, explosive or other hazardous properties of any explosive nuclear
assembly or nuclear component of the same, and/or
waves caused by aircraft and other aerial devices travelling at the speed of
sound or faster, and/or
(v) the absence,
failure or inadequacy of the packing or packaging used for a Consignment.
Service Order” means the summary of the order displayed during the ordering
process which is confirmed to you in the confirmation e-mail that is sent once
acceptance of the order has occurred.
(j) “This Agreement”
means these terms and conditions, together with the Service Order.
(k) “Us, We or Our”
means Parcel2go.com Limited, together with its directors, employees any agents
subcontractors or couriers acting on its behalf.
means the customer who is contracted with us as set out in the Service Order.
to Sender” A Consignment may be returned to sender (i.e. to us) if the
recipient sends it back to us and you:-
(i) do not accept
receipt of that item;
(iii) do not pay
any outstanding charges; and/or
(iii) if the item
is delivered and is an Out of Gauge item for which you nor the recipient
pay the underpayment .
means the service and carriage of a Consignment by us in accordance with the
particulars set out in the Service Order.
2. Our Obligations
2.1 We will carry
out the Service(s) for you whilst this Agreement is in force, in return for the
payment by you to us of the price set out in the Service Order and in
accordance with the terms of this Agreement.
2.2 We shall have
the right to make any changes to the Service(s) which are necessary to comply
with any applicable law or safety requirement or which do not materially affect
the nature or quality of the Service(s) and we shall notify you of any such
2.3 We warrant
that the Service(s) will be provided using reasonable care and skill.
3. Loading and
3.1 If collection
or delivery of a Consignment takes place at your premises, we shall not be
under any obligation to provide any equipment or labour which, apart from the
driver collecting the Consignment, may be required for loading or unloading of
Consignment (or part of a Consignment) requiring any special equipment for
loading and unloading shall be accepted by us for transportation only on the
understanding and condition that such special equipment will be made available
at the Collection Point and the Delivery Point as required. Where such
equipment is not available and if we agree to load or unload the Consignment
(or part of the Consignment) we shall be under no liability or obligation of
any kind to you for any damage caused (however it may be caused) during the
loading or unloading of the Consignment. This includes any damage caused
whether or not by our negligence and you shall agree to indemnify and hold us
harmless against any claim or demand from any person arising out of our
agreeing to load or unload the Consignment in these circumstances.
4.1 We will make
one attempt to deliver a Consignment during normal working hours. If we cannot
obtain a delivery receipt at the Delivery Point you agree that we shall be
authorised to attempt to deliver the Consignment to, or obtain a delivery
receipt from, an alternative address close to the Delivery Point and (if successful)
we agree that we will leave at the Delivery Point details of the address to
which we have delivered the Consignment. If we are unable to deliver, either to
the Delivery Point or a nearby address, we shall return the Consignment to our
premises and leave a request for the recipient of the Consignment to contact us
to make alternative delivery arrangements to the Delivery Point. If the
recipient does not contact us to arrange the alternative delivery within 7
days we will return the Consignment to you at your cost (such cost to
be discharged before delivery to you).
4.2 If we consider
that the Consignment has become a Damaged Consignment and cannot be delivered
because it is or in our reasonable opinion is likely to be unsafe hazardous or
harmful we reserve the right to dispose of the Damaged Consignment immediately.
If the Consignment becomes a Damaged Consignment because of our actions and we
have to dispose of it we will only be liable to you up to the amounts specified
5.1 You agree
that we may use another carrier in order to support our provision of the
services to you (this will be at our own expense) and you agree that both we
and this other carrier shall be entitled to the protection of all of the terms
of this Agreement which exclude or limit liability for any losses or damage.
ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY
6.1 Where you
deal with us as a consumer, nothing within these terms and conditions shall be
deemed to affect your rights under the Unfair Contract Terms Act 1977. For the
avoidance of any doubt, when you deal with us as a business the Unfair Contract
Terms Act 1977 is hereby excluded to the fullest extent legally possible and you
are further referred to additional terms relating to business clients set out
6.2 Nothing in
this Agreement shall limit or exclude our liability for:
(a) death or
personal injury caused by our negligence;
(b) fraud or
6.3 As a
responsible business, we will perform the Service(s) in a professional manner
with the appropriate level of skill and care. However, damage to a
Consignment may still occur as a consequence of our handling of it and in such
circumstances, our liability shall be limited as set out in these Terms and
Conditions. The reasoning behind this limitation of our liability is as
(a) The value of
a Consignment and the amount of potential loss to you that could arise if a
Consignment is damaged or lost is not something which we can easily ascertain
but is something which is better known to you. In many cases it cannot be
known to us at all and can only be known to you;
(b) The potential
amount of loss that might be caused or alleged to be caused to you is likely to
be disproportionate to the sum that we could reasonably be expected to charge
you for providing the Service(s) under this Agreement;
(c) It is not
possible for us to obtain cover which would give unlimited compensation for our
full potential liability to all of our customers and, even if it were, such
cover would be much cheaper if taken out by you (rather than us taking out such
cover and passing the cost on to you) and on that basis, it is more appropriate
for you to take out such cover, though you are able to purchase increased extra
compensation from us for your Consignment, during the ordering process;
(d) We wish to
keep the costs of providing the Service(s) to you as low as possible;
(e) In light of
the above we wish to limit our liability for any damage caused to you to levels
which we consider proportionate to our low charges for providing the Services.
These amounts are set out in clause 6.5;
(f) In these
Terms and Conditions, damage to you means any damage suffered by you (including
any loss of, or damage to, a Consignment and any other loss, whether or not
known to you or us or in either of our contemplation at the time of entering
into this Agreement), however it arises but only so long as it is caused by our
negligence, breach of duty or other wrongful act or omission (which includes
any deliberately wrongful act or omission) and any breach of any the terms of
this Agreement, or any terms implied by statute (where applicable);
investigate all claims received by us in a fair and speedy manner, but such
investigations are more accurate and are easier to perform soon after the loss
or damage is alleged to have incurred and on that basis, the timescales set out
in this Agreement are necessary to ensure that such investigations can be
of our Liability
6.4 We shall
only be liable for damage or loss caused to you if it is caused by our
negligence, breach of duty or other wrongful act or omission, and only subject
to the limitations set out within this clause 6 and clause 7;
6.5 We shall
not be liable to you under any circumstances for any direct or indirect loss
(including, but not limited to loss of profits, or loss of goodwill) or for any
other special or indirect losses, costs, damages, or claims which do not arise
naturally as a result of our negligence, breach of duty, or other wrongful act
6.6 We shall
not be liable to you:
a) under any
circumstances where there are any material discrepancies (meaning more than 10%
difference) between the declared dimensions and weights and the actual
dimensions and weights.
any circumstances in respect of the items on the Prohibited items; Special
Provisions items and No Compensation items lists, unless otherwise stated by
Limitation on the Amount of our Liability
6.7 If we are
liable to you for any reason, we shall (subject always to clause 7) only be
liable to you up to the following amounts in the following circumstances,
subject to you purchasing any extra compensation for your Consignment from us:
(a) If we lose
or damage all of a Consignment we will be liable for a maximum of £50.
If however this maximum figure is greater than the actual value of the
Consignment then we shall only be liable for the full value of that
(b) If we lose
or damage part of a Consignment, the amount of the sum determined under
clause 6.7(a) above shall be pro rated down to represent the proportion that
the actual value of that part of the Consignment bears to the actual value of
the whole Consignment (so, by way of an illustrative example, if the whole
Consignment was worth £50 ,and we lost or damaged one quarter of it, we would
only be liable for 25% of the figure worked out under clause 6.7(a) above, i.e.
£12.50 for the £50 service)
(c) If we cause
you loss or damage arising in any other way, a maximum of £50 in respect of
If you consider that the
potential loss to you caused by the loss or damage of all (or part) of a
Consignment would exceed the figures set out above you must arrange
separate cover or insurance to cover such potential loss. For the avoidance of
doubt, this includes any additional insurance you may require in respect of any
items listed on the “Special Provisions” and “No Compensation Items”
lists. The items on the “Prohibited Items” list are prohibited and no
level of insurance taken out by you will change whether these items will be
allowed. If you do not do this then we shall not be liable to you for
more than the amounts set out above and you shall be responsible for the risks
in any amounts not covered through such cover or insurance (or lack of). Where
the value of any Consignment is above the value of the compensation set out in
clause 6.7(a) to (c), you are able to purchase extra compensation during our
ordering process from us. Where you do not purchase the extra compensation from
us during our ordering process, you confirm that you accept the risks of not
We will not be liable to
repay you the value of the Consignment as at the time it was purchased by you.
Consignments by their nature are subject to depreciation. You are advised to
take out a “new for old” insurance policy should you wish to be compensated in
this way. Our liability to you is limited to the amounts set out within this
clause 6 and based on the actual value at the date of loss.
6.8 In order to
ascertain the extent of our liability above, we shall require proof of the
value and weight of the entire Consignment and any part or parts of it which make
it up and you must ensure that, prior to our collection of the Consignment, you
have a record of these. For the avoidance of any doubt, and without affecting
clause 6.5, we shall only be liable for the replacement value of the
Consignment and not for any sums that would amount to profit on the Consignment
or applicable value added tax (or like tax) on such profit.
6.9 If a claim
arises as a result of damage to the whole or part of a Consignment and if we
settle the claim for a sum equal to or greater than the value of the
Consignment, then we shall be entitled to claim ownership of the Consignment
and deal with it as we see fit. For the avoidance of any doubt, we shall be
responsible for the cost of recovery of the Consignment.
6.10 If you wish
to combine a number of discrete packages you must do this within an outer box
or packaging fully encompassing each discrete package. If you do not do this
and any individual discrete package(s) come apart in transit resulting in one
or more of them being lost, then once the remaining parcel(s) are signed for by
the recipient, you accept that you cannot make a claim for loss or partial loss
of that consignment.
Items, Special Provisions Items and No Compensation Items
6.11 Certain other
items are carried without compensation cover for damage or loss and at your own
risk. A list of these can be found at: http://direct.tnt.co.uk/company/prohibited-and-restricted-items#unins.
For the avoidance of
doubt, we do not accept liability for any loss, damage to or damage caused by
any of the items on these lists, whatsoever and howsoever such loss or damage
is caused, whether in contract, breach of statutory duty, tort (including
negligence) or otherwise.
Please note that whilst
you may be able to take out insurance in respect of any of these items, this
does not alter the provisions set out in this clause 6.11 in any way.
We shall not, in any circumstances, be liable to you for any damage caused
arising directly or indirectly as a result of any of the Excepted Risks.
(b) If at any time
we are prevented or delayed from starting, carrying out or completing any of
the Services because of a strike, lock out, labour dispute, weather conditions,
traffic congestion, mechanical breakdown or obstruction of any public or
private road or highway or any other cause beyond our control, you shall have
no claim for damages against us for any loss that you may suffer as a result
PROVIDED that, where the delay is caused by the mechanical breakdown of one of
our vehicles, we shall use our best endeavours to provide a replacement vehicle
with the minimum delay practicable.
(c) We shall not
in any circumstances be liable for any late delivery or missed delivery or
failure to deliver caused by or contributed to by any deficient or ambiguous
labelling of a Consignment and you agree to be responsible for ensuring that
such labelling is clear and unambiguous.
6.13 If our
performance of any of our obligations under this Agreement is prevented or
delayed by any act or omission by you or failure by you to perform any relevant
obligation (“Your Default”):
(a) we shall
(without limiting our other rights or remedies) have the right to suspend
performance of the Service(s) until you remedy Your Default and, and we shall
have the right to rely on Your Default if Your Default prevents or delays our
performance of any of our obligations;
(b) we shall not
be liable for any costs or losses that you may suffer that arising directly or
indirectly from our failure or delay to perform any of our obligations; and
(c) you shall
reimburse us on written demand for any costs or losses sustained or incurred by
us arising directly or indirectly from Your Default.
7.1 If we are
requested to collect from, or deliver a Consignment to, a country outside of
the United Kingdom our terms of liability (subject to clause 7.2 below) shall
be governed by the relevant provisions of the Convention on the Contract for
International Carriage of Goods by Road as set out in the Schedule to the
Carriage of Goods by Road Act 1965 (as amended) (“the CMR Regulations”) and, in
particular, articles 17 onwards and those provisions shall be deemed to be incorporated
into this Agreement and will apply in place of any inconsistent terms within
this Agreement. We can provide a copy of these provisions if requested, but
even if these are not requested you will be deemed to have read, understood and
agreed to them and their incorporation into this Agreement.
7.2 If the
carriage of any Consignment occurs by air travel and involves stopping in a
country other than the country of departure then the Montreal Convention as
amended shall be generally applicable to such part of the carriage as occurs by
air and, in particular, our maximum liability in respect of loss of or damage
to any such Consignment during air travel shall be limited to the amount set
out in the Montreal Convention (namely £1,870 per ton of the gross weight (i.e.
including any and all packaging) of the Consignment).
7.3 We shall not
be responsible for any local customs charges, import taxes or duties or any
similar charge(s) incurred through our carriage and/or delivery of any
Consignment and you must satisfy yourself as to whether any of these charges
will become due, and if so in what amounts, before completing an order with us.
If any such charges become due as a result of our carriage and/or delivery of a
Consignment on your behalf and are charged to us by any competent authority you
agree to reimburse us fully in respect of the same within 7 days of our demand.
7.4 The provisions
at clause 8.6 shall apply to this clause 7.
8. Claims and
8.1 We shall not
be liable to you under any circumstances for any loss or damage unless you
notify us either via our website OR by written notice to The Cube, Coe Street,
Bolton, BL3 6BU within:
(a) 14 days of
delivery of the Consignment in the case of damage to all or part of a
Consignment or loss of part of a Consignment;
(b) and in all
other cases (including, but not limited to, loss of the whole of a Consignment)
within 28 days from when the Consignment was collected or received by us.
8.2 The procedure
for applying for a claim for loss, damage, part damage or refund (“Claim”) is
(a) Log into the
“My Account” section on our Website.
(b) In the
“Submit a New Claim” section please click “Create Claim”.
(c) Fill in
the details as indicated.
8.3 Once your
Claim has been submitted to us we will review it before deciding whether we are
able to make an offer to settle your Claim.
8.4 You will be
notified of our decision of whether we are able to settle your Claim or what
offer we are prepared to make (“Our Offer”) in the “Your Claims” section on the
“My Orders” page of “My Account”.
Accepting Our Offer
8.5 The procedure
for accepting Our Offer is as follows:-
(a) Log into “My
(b) Click “Accept
one of the 3 payment options.
(d) Insert the
account details for the account you wish Our Offer to be paid into. It is your
responsibility to provide the correct account details into the boxes
provided. Please note that we will not be liable for any incorrect details
which are provided by you. For the avoidance of doubt we will not be obliged to
make any further payments to you in the event that you have provided incorrect
account details. Furthermore we are not obliged to reverse any payments we may
make to incorrect accounts as a result of you providing incorrect details.
Returned to Sender
8.6 If a
Consignment is Returned to Sender we shall give you 14 days in which to collect
the Consignment, failing which we reserve the right to dispose of it. We
shall not be liable to you under any circumstances for any loss caused by us
exercising this right and you failing to collect the consignment in the
9.1 We shall
assume, for the purposes of this Agreement, that you are the sole owner of
every item dispatched in the Consignment but if any other person makes a claim
against us for loss of or damage to any such items beyond our liability to you
then you agree that you shall indemnify us against any losses or liabilities
that we suffer through that claim (including all legal costs and expenses) and
you agree that we shall have no liability to you in these circumstances,
regardless of whether such claims exceed any limitations of liability set out
in this Agreement.
9.2 You agree to
indemnify us against any losses or liabilities that we may suffer through the
loss of, or inability to deliver, a Consignment caused by deficient or
ambiguous labelling of such Consignment.
9.3 You agree to
indemnify us against any losses or liabilities that we may suffer through a
breach by you of any of your obligations set out in clause 11.
10.1 If you are
not a business customer with a business account you shall pay all charges
applicable in respect of the Service(s) provided by us in accordance with the
payment terms set out in the Service Order.
10.2 Should the
provision of any Service(s) mean that we have to deliver a Consignment on a
bank or other public holiday we shall be entitled to make a reasonable extra charge
for any additional costs incurred by us as a result.
10.3 All charges
stated, whether by invoice or in the Service Order, shall be exclusive of any
applicable value added tax which shall be added to the total sum payable to be
repaid by you.
10.4 From time to
time, we may provide you with a discount code to be used with your order. You
may only use a discount code once, with one order.
10.5 In the event
that you use the same discount code with more than one order, we may, at our
(a) cease trading
with you and/or your business; and/or
(b) remove your
ability to place orders with us; and/or
your Consignment(s) and re-direct it to our depot in Bolton. An administration
charge of £15.00 per Consignment is applicable, should you wish for the
Consignment(s) to be re-shipped and/or collected.
11.1 At any time
where we offer customers a system of payment on account with bonus credit being
applied to such accounts, we shall refer to such system as “Prepay” and the
additional provisions of this clause 11 shall apply.
11.2 Your current
Prepay credit and any applicable bonus credit shall be separately recorded and
the total balance of these credits shall be shown in your account through our
11.3 When you
accept the Service Order our system will check your Prepay credit and bonus
credit balance. The price set out in the Service Order shall be deducted from
the balance. If such deduction would result in a negative balance then you
shall make up the difference in accordance with the provisions of clause 10
(Payment).We may set a minimum Prepay limit from time to time on any credit
payments made to your Prepay account and these will be notified to you through
our website (currently £20).
11.4 Any payment
made on account under the Prepay system shall be deemed as a payment for
services to be ordered from us. After the initial refund period described
below our liability to you will be to provide services to the value of the
account balance. Cash balances will not be returned except in cases where
you received a defective service and requested a refund of the unused Prepay
cash balance held on the account. Any such refund shall be provided subject
always to the provisions of clause 6 and you complying at all times with your
obligations under clause 12.
11.5 If you do
not place any orders for a 6 month period we will send an e-mail to the address
in your Account Details to remind you of your balance. This will be
repeated at 12 months and 18 months. When a period of 24 months has passed with
no orders placed we will assume that your account is no longer active, the
Prepay balance will expire and you shall have no further claim to such balance
(including in order to pay for services).
11.6 If you change
your mind after making a payment on account you may request a refund. The
procedure for requesting a refund from your Prepay balance or otherwise
is set out in clause 8 above In such cases the amount refunded will be
the sum of the original payment less the value of any services ordered on
12.1 You agree
(a) ensure that
the information you supply in the Order Schedule is complete and accurate;
with us in all matters relating to our provision of the Service(s);
(c) provide us
with access to your premises, office accommodation and other facilities as
reasonably required by us if any of these are to be the Collection Point or
Delivery Point and be responsible for ensuring that the premises are free of
hazardous materials and do not pose a health and safety risk to us ;
(d) provide us
with such information and materials as we may reasonably require in order to
supply the Service(s) and ensure that such information is accurate in all
12.2 You agree
that we shall not be required, and that you shall not cause us, to carry
anything if it would be illegal or unlawful for us to do so (either in the UK
or any country to which a Consignment is to be delivered). You agree that
should you do this, you will indemnify us against any losses and/or damage that
we may suffer as a consequence.
12.3 We will not,
without specific separate written agreement, carry: livestock; liquids;
perishable goods; gasses; pyrotechnics; arms; ammunition; corrosive; toxic;
flammable; explosive; oxidising or radioactive materials. In addition we will
not carry any items which are on our prohibited list above.
12.4 We reserve
the right to refuse to carry any parcels which are neither the property of, nor
sent on behalf of, you.
Consignments shall be accepted at the Delivery Point and that the recipient
shall give our driver an appropriate receipt and you agree that this receipt
shall be conclusive evidence of delivery of the Consignment by us. This
clause 12.5(a) shall not apply where such receipt is obtained as a result of
fraud, collusion or dishonesty on the part of our driver.
(b) If there is a
strike by any employees of yours, or the employees of any person receiving
delivery, then you agree that our representative shall not be asked to perform
any additional duties or any duties of a strike-breaking nature.
specifically agreed otherwise, “working days” do not include Saturdays, Sundays
or public holidays.
13.2 We will not
provide any refund or reduction of charges if we receive less than the number
of parcels for which you have contracted.
14. Nature of
Agreement, the Order Schedule, the CMR Regulations and the Montreal Convention
(so far as they are applicable) shall constitute the entire contract between us
and you and the contract shall not incorporate, or be deemed to incorporate any
provisions of any other documents. In addition, this contract and the documents
referred to above shall supersede any previous contract, warranty or
representation made or given by us relating to the Service(s) set out in the
variation, amendment or cancellation of the terms of this Agreement (other than
the Order Schedule) shall be binding upon us unless and until it is confirmed
in writing by a director of us and, for the avoidance of any doubt, it is
declared that no person other than a director has authority to negotiate or
enter into any commitment on behalf of us which would or might (but for this
clause) involve us in any legal liability whatsoever.
Agreement may be terminated by either party giving to the other one month’s
written notice of its desire to terminate this Agreement. This Agreement may
also be terminated immediately if the other party breaches any of its
obligations under this Agreement or (in the case of an individual) becomes
bankrupt or (in the case of a company) goes into liquidation other than for the
purposes of reconstruction or amalgamation, or has an administrator or receiver
appointed over any of its or his property or income or make any deed or
arrangements with or for the benefit of his or its creditors.
termination of this Agreement for any reason:
(a) you shall
immediately pay to us all of our outstanding unpaid invoices and interest and,
in respect of Service(s) supplied where the Consignment has been delivered but
for which no invoice has been submitted, we shall submit an invoice, which
shall be payable by you immediately on receipt;
(b) in respect of
a Consignment which has already been paid for and which has been received but
not yet delivered, then we shall deliver such Consignment in accordance with
the terms of this Agreement;
(c) in respect of
a Consignment which has not been paid for but which we have received but not
delivered, we shall return the Consignment to you.
(d) the accrued
rights, remedies, obligations and liabilities of the parties as at expiry or
termination shall not be affected, including the right to claim damages in
respect of any breach of this Agreement which existed at or before the date of
termination or expiry; and
(e) clauses which
expressly or by implication have effect after termination shall continue in
full force and effect.
agreement and any dispute arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of England and
irrevocably agree, for our sole benefit that, subject as provided below, the
courts of England and Wales shall have exclusive jurisdiction over any dispute
or claim arising out of or in connection with this agreement or its subject
matter or formation (including non-contractual claims). Nothing in this clause
shall limit our right to take proceedings against you in any other court of
competent jurisdiction, nor shall the taking of proceedings in any one or more
jurisdictions prevent us from taking proceedings in any other jurisdictions,
whether at the same time or not, to the extent permitted by the law of that