Terms and Conditions
www.Sherpr.com is owned and operated by Sherpr Global Ltd, a company registered in England & Wales with company number 10721068, whose registered address is Unit 5, Maple Park, Haverhill, CB9 7BG.
These terms and conditions govern your use of our Website your access to and use of our services, your relationship with Sherpr, the rights, obligations and responsibilities of all parties to this Agreement. Please read these Terms carefully before you use the Website as all Services are subject to these Terms. If you use Sherpr as a representative of an organisation or other individual, confirm that you have authority to bind that parting and agree to these Terms on their behalf.
You can contact us by telephone +44 (0) 2039506616 or email support@Sherpr.com.
We may contact you by telephone or any other contact details you have registered in your account with us.
- “Carriage Service” means the service to collect your Goods and deliver them to your specified destination.
- “Carrier” means FedEx, TNT or any other carrier we may use from time to time.
- “Goods” means the items and luggage being collected, moved, handled, stored and delivered via the Carriage Services.
- “Maximum Dimension” means the dimensions set out in clause 7.2.
- “Maximum Weight” means the weights set out in clause 7.2.
- “Order” means your request for Services.
- “Oversized Item” means any item that does not conform to Sherpr’s Maximum Dimensions or Maximum Weight allowances.
- “Services” means the services provided by Sherpr via our Website, APIs, applications, our content and various third-party services that make up Sherpr, as the context requires.
- “Sherpr” means us, our Website and Services collectively.
- “We”, “our” or “us” means Sherpr Global Ltd, a company registered in England & Wales with company number 10721068 and registered address at 57 Dalston Lane, London, United Kingdom, E8 2NG, our employees, directors, officers, affiliates and subsidiaries.
- “Website” means our website www.Sherpr.com and other websites that we may operate in the future including all subdomains and sites associated with those domains.
- “You” or “your” means the person or organisation that is registered with us to use Sherpr.
2. CONTRACT FORMATION
2.1 When you submit an Order via the Website or via phone or email, you are making an offer to purchase the relevant Service on these Terms. A contract is formed between you and Sherpr when you receive an email from us confirming that we have accepted your Order. Please check the details on your Order confirmation to ensure that the details are true and accurate.
2.2 We may provide a facility to request a quotation via the Service. We will honour any such quotation for the time stated on the quotation. If no time is stated, then the time we honour for the quotation will be 15 days from the date the quotation was provided to you.
2.3 Our rates are determined by the going rate provided to us by third party Carriers and are subject to change at any time including but not limited to winter/Christmas peak season.
2.4 Once you have placed an Order online, over the phone or via email, we will email you a confirmation. Please note that we use third party Carriers to provide the Carriage Service and we will need to place a booking with those Carriers.
3.1. The collection of your parcels will be acknowledged on the documents of receipt provided by the third-party Carrier.
3.2 Compliance with any estimated time of collection or delivery provided is not guaranteed and Sherpr shall not be liable for late deliveries. For the avoidance of doubt, “working days” shall not include Saturday, Sunday or any public holidays applicable to the collection or delivery destinations.
3.3 You are responsible for ensuring that the Goods are available to be collected from the collection address as notified to Sherpr at the time of Order on the scheduled collection date. Sherpr shall not be liable for late collections due to your failure to comply with this clause.
3.4 If the Carrier is unable to deliver the package, through no fault of their own or that of Sherpr, a second attempt may be made. You agree that after the first unsuccessful delivery attempt, delivery may be made to a neighbouring address or returned to the collection address if not possible.
3.5 We shall arrange with a third-party carrier of our choice for the Carriage Services subject to this contract. This shall be deemed to be agreed by you upon your placement of an Order via the Website, phone or email.
3.6 Notwithstanding any condition in these Terms limiting or excluding our liability, the contract shall be subject to the warranties implied by the Supply of Goods and Services Act 1982 unless the Services involve the transportation of Goods for the purpose of a business, trade or profession carried on or engaged in by you.
4. YOUR OBLIGATIONS
4.1 To use Sherpr, you must; (a) agree to these Terms; (b) be at least 18 years old; (c) complete our order process and provide accurate information as requested; and (d) do so in compliance with all applicable laws, rules and regulations.
4.2 You may not without our written permission (a) attempt to duplicate, modify, disclose or distribute any part of our Services (b) attempt to reverse compile, disassemble, reverse engineer our Services (c) assign or otherwise dispose of your rights or obligations under these Terms or (e) attempt to obtain, or assist others in obtaining, access to the Services, other than as provided under these Terms.
4.3 You shall not store, distribute or transmit any material through Sherpr that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities
4.4 You are responsible for all content you provide and activities on your Sherpr account.
4.5 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website.
4.6 You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
5. OUR INTELLECTUAL PROPERTY
5.1 You acknowledge and agree that Sherpr own all intellectual property rights in Sherpr and the Services and that no rights over this intellectual property is licenced or transferred to you in any way.
6. YOUR SHERPR ACCOUNT
6.1 You are responsible and liable for keeping your username and password confidential and take reasonable steps to ensure that nobody accesses the Services using account(s) created with your username and password. You agree to notify us immediately if you suspect any unauthorised use of your account(s). We are not liable for any loss or damage due to stolen passwords or hacked accounts.
7.1 During the checkout process, you will be asked to confirm that the item(s) you wish to send fall within our permitted Maximum Dimensions and under the permitted Maximum Weight. Your confirmation that the Goods fall within the Maximum Dimensions and below the Maximum Weight forms the basis of our acceptance of the offer to contract under clause 2 above.
7.2 Our Maximum Dimension and Maximum Weight per item type are as follows:
- Luggage & Box: 70x45x25 cm | up to 20kg
- Luggage & Box: 80x50x30 cm | up to 30kg
- Golf Clubs: 125x30x36 cm | up to 24kg
- Bike Boxes: 110x27x75 cm | up to 30kg
7.3 Any item over Sherpr’s Maximum Dimensions and/or Maximum Weight will be classified as an Oversized Item and may incur additional charges.
7.4 In the event that your Goods do not fit within the Maximum Dimensions and/or the Maximum Weight, we may not be able to provide the Service, and you will not be entitled to a refund for any fees you have paid in this regard.
7.5 Oversized Item(s) with an actual weight of more than 70 kg, or that exceeds 274 cm in length or a total of 419 cm in length and girth combined (where girth is 2x Width + 2x Height of the item) will not be acceptable for shipping and if collected may be refused in transit, delayed and/or returned. By accepting these Terms you authorise us to charge your credit/debit card with any additional charges incurred and accept that Goods returned or refused, for this reason, are not eligible for a refund.
7.6 By accepting these Terms you also give us the permission to charge your debit/credit card for any weight discrepancies or extra charges that may be charged to us by our agents for the supply of incorrect information at the time of your booking (including regarding the number of Goods). If we are unable to automatically charge your card, we will notify you in writing and you will be required to pay us the stated sum within 7 days. Failure to make payment may result in additional recovery costs being incurred which shall ultimately be the responsibility of the customer.
7.7 You confirm that the Goods comply with the requirements of any applicable law relating to the nature, condition and packaging of goods and any expenses and charges incurred by us in complying with the provisions of any such law or with any order or requirement there under or with the requirement of any authority or other party shall be paid by you.
7.8 Should Goods be returned or refused for any reason Sherpr will hold the Goods for no longer than 30 days. The 30-day period is effective from the day of notice of the return or refusal of the Goods by any Carriers. Notice will be sent via email to you. Should you fail to arrange payment for the re-shipping of Goods to an alternative address and all additional costs incurred by Sherpr these Goods will be deemed abandoned. You consent to and authorise the disposal of all abandoned Goods without further notice regardless of their nature or value at no additional cost to Sherpr.
7.9 The Goods will be collected from and delivered to the addresses provided at the time of your Order. You indemnify and hold us harmless for any failure to deliver the Goods due to a wrong address or recipient information being provided and you acknowledge and agree that you may have to pay the cost of failed deliveries, administration fees, additional attempts or the item being shipped back to the collection address.
7.10 Customers arranging an Order on behalf of someone else are responsible for communicating with that individual. Sherpr is not liable for failure to provide information to parties who are not the direct purchaser of the Service. Additional contact information can be passed on by the customer but Sherpr is not responsible for sourcing this information.
7.11 Under no circumstances are you to hand Goods to a driver without a label provided by Sherpr attached. Failure to follow our guidance for attaching labels and any appropriate documentation may lead to delay and loss. Sherpr shall not be liable for any delay or loss at all in relation to this.
7.12 Sherpr are not able to ship items listed in the ‘Restricted Items’ section at clause 12.1 (below). You confirm that by placing an Order that the Goods do not contain any items within the Restricted Items list and you shall fully indemnify and hold Sherpr harmless from any cost, loss, penalty or other liability arising out of your breach of this clause.
7.13 In making any collection or delivery we will at all times be acting in accordance with your instructions. You therefore hold us harmless and indemnify us to the fullest extent possible by law in respect of any and all costs, taxes, customs charges, levies, deposits, disbursements of any type levied by any authority in the course of providing the Carriage Service and/or in respect of any action or omission of yours or any breach of any warranty in these Terms.
7.14 You must provide us with all of the information we request and you warrant in providing it that is true and accurate. Any lack of information or any inaccuracy may result in our Carriers being unable to deliver the Goods.
7.15 Bike boxes that are not supplied by Sherpr may incur delays transiting from one country to another within the 3rd party Carrier network. This is due to boxes having to be manually sorted, due to their size, at each transit depot. The delay depends on the location of the depot but in some cases it may delay the delivery by up to 48hours . We advise all customers if they are notified of a delay or exception to contact us immediately so that steps can be taken to identify and resolve the problem
7.16 It is your responsibility to ensure that the intended receiver will accept your Goods. Any rejected Goods are your responsibility and may cause a delay or return of your shipments.
8 REFUNDS AND CANCELATIONS
8.1 Refunds for cancelations will only be offered for Super Flexi bookings (minus the charge for Super Flexi).
8.2 For Flexi or Super Flexi bookings a maximum of 2 can be made to the booking. An edit is a change of address details or change of collection date. We must receive your changes at the latest 4pm before the collection date. We may not be able to make any edit request after this time. We will confimr your changes via email during our normal working hours. We are unabel to remove items from your booking or change the delivery address once in transit.
8.3 Any refund will be made back to the orginal source of payment.
9 FEES AND PAYMENT
9.1 We will take payment from the card that you provide to us at the time that we confirm your Order via email.
9.2 By submitting your card details to the Service, you give us permission to automatically debit your card in accordance with the Terms and fees set out in the Order.
9.3 All fees are inclusive of VAT which will be charged at the relevant rate at the time of processing the Order.
9.4 If you do not make payment, then we will not be able to provide the Carriage Service and we reserve the right to cancel your Order if it has already been confirmed at no cost or liability to us.
9.5 Where applicable, discounts will display clearly in the Order summary. All discounts are granted at the sole discretion or Sherpr and may be withdrawn at any time. If an expected discount fails to apply, stop the Order and contact us, no monetary value or refund will be offered in lieu of discount.
9.6 If your purchase is flagged as potentially fraudulent, we withhold the right to not dispatch your Goods until it is proved there is no risk of fraudulent behaviour. We withhold the right to cancel Orders where we cannot verify the origin on the payment and where no alternative form of payment can be produced.
10 PACKAGING AND LABELLING
10.1 When you place an Order with Sherpr, you are responsible for ensuring that the Goods are appropriately packed using sufficient packaging to protect the Goods.
10.2 If you are a user of our Service, you will be responsible for providing a container for the item that you wish to send, for example, an appropriately hard case sports carrier for sporting items. We do not accept bike bags or soft case boxes. You should ensure that the packaging is suitable for passing through high speed automated machines with our Carriers, airports, and international terminals and you acknowledge that you will be solely responsible for any damage to the Goods caused by it being inappropriately packaged. Sherpr will provide you with a shipping label via email when needed. These labels must be affixed securely to the outside of the item and be clearly visible.
10.3 For any luggage Goods shipments, specific label pouches are provided by Sherpr once booking is complete, and in the event that these are not used and the consignment is shipped using your own labels or pouches Sherpr will not be responsible for any costs and subsequent losses should that consignment be lost during transit.
10.4 All luggage Goods must be secure prior to shipment with cable ties provided by Sherpr in the Sherpr pack. All bags/cases may be locked on all EU deliveries and it is advised that no articles of value are put in the exterior pockets. Handles must be stowed in the locked closed position and any exterior straps must be correctly fitted. Where the luggage has removable wheels, they must be removed prior to shipments.
10.5 Users should ensure that labels to be used for the return journey are not used for the outward journey. The return journey labels must be secured safely to your item. Labels that are lost can be reprinted but can only be sent by email to the person making the booking and are only available during our working hours.
10.6 Sherpr shall not be liable for any loss or damage to the Goods caused by insufficient packaging or breach of this clause.
11.1 You acknowledge and agree that the Goods may pass through customs in the destination country. It is your responsibility to submit all papers required for the customs clearance and to ensure your Goods are not prohibited under applicable law, for example because of its contents, its recipient or the country to or from which the Goods are to be sent. Should you fail to comply with this clause, you shall be liable for all costs and liabilities incurred by Sherpr along with any customs duties, taxes or any local charges applicable.
11.2 Packing lists and customs forms must be attached in a separate wallet from the tracking label and must be attached in such a way to ensure they are clearly visible. Failure to do so may result in customs clearance delays and/or loss/damage to the Goods for which we bear no responsibility. You agree to present any and all information and documentation requested by a customs authority, or by a Carrier or broker under instructions from a customs authority, in order to clear your package through customs. You agree that you are solely responsible for providing the correct information requested by any customs agent or authority in respect of the Goods passing through customs. You acknowledge and agree that your Goods may not be able to pass through customs until you have paid any duties requested by the relevant customs authorities.
11.3 We have assumed, when calculating transit times for your Goods, that they will not be stopped at customs. Accordingly, we cannot accept any liability for any delay relating to an item being stopped at customs.
11.4 If a customs authority seizes any of your Goods, or any item that they consider to be contraband or illegal within your shipment, then we will consider that we have discharged the delivery and our obligations under the contract will come to an end. It will be your responsibility alone to procure the forwarding of any such Goods by customs to the end destination.
12 RESTRICTED ITEMS
12.1 By placing an Order and by giving the Goods to the Carrier who is collecting them from you, you guarantee and agree that your Goods do not include any items on the Prohibited Items List.
12.2 We cannot be held responsible for any of these items, and you agree that by including any of these items Sherpr shall not be liable for any damage or loss suffered to the Goods.
12.3 You further acknowledge and agree that we, our third-party Carrier partners or any customs official may seize and dispose of any of the items on the Restricted Items List without reference or liability to you for doing so. Any fees incurred by Sherpr due to violation of these Terms will be passed on to the customer.
12.4 You shall fully indemnify and hold Sherpr harmless for any loss, cost, damage or other liability caused by you including any items from the Restricted Items List within the Goods.
13. TRANSPORTATION FOR EVENTS
13.1 For any Carriage Services related to event transportation, your Goods must be prepared for outbound collections within the designated and agreed time periods. Failure to do will result in Goods not being collected. You will not be eligible for a refund under such circumstances.
13.2 If you do not collect your Goods Sherpr will hold your Goods for up to 30 days waiting for you to re-arrange delivery of your Goods either through Sherpr or a 3rd Party, you will be responsible for all additional costs incurred. If you do not arrange delivery of your Goods within 30 days of the failed delivery Sherpr will dispose of the Goods in any way they deem fit.
13.3 You must return your bike and luggage to us at the pick-up location at the end of the event period within the designated time periods, as notified to you. You accept that if your bike is not returned within the designated times, we will not be responsible for the transfer of your Goods and our obligations under the contract will come to an end. It will be your responsibility alone to source/provide any further transportation for your Goods.
13.4 It is your responsibility to test your equipment at the event. You agree that once you have received your equipment then you are accepting the equipment back to you in an acceptable condition.
13.5 After the Event for outbound delivery of your Goods if you are not present within the designated location and agreed time periods Sherpr will hold your Goods for up to 30 days waiting for you to re-arrange delivery of your Goods either through Sherpr or a 3rd Party, you will be responsible for all additional costs incurred. If you do not arrange delivery of your Goods within 30 days of the failed delivery Sherpr will dispose of the Goods in any way they deem fit.
13.6 If you wish to alter any details of a confirmed booking, once you have received your confirmation from Sherpr, we will do our best to accommodate the changes. Any and all cost incurred by us meeting any amendment requests together with a nominal admin fee of £25 per person, will be payable by you.
13.7 If you, or any of your party needs to cancel, then the first named person on the booking must advise us in writing as soon as possible. You will receive a full refund if cancellation is 60 days prior to the event, if the cancellation is made less than 60 days prior to the event no refund will be issued. The cancellation will only be effective from the date that the cancellation is received in our office. Insurance premiums and amendment fees are not refundable in the event of your cancellation.
13.8 Every effort will be made to provide our service as advertised. Regrettably, it may sometimes be necessary for us to make alterations to the service both before and after your booking has been confirmed and we reserve the right in our absolute discretion to do so. We may also at any time, at our absolute discretion and without notice, refuse to provide our Services to anyone or terminate or suspend your account and our Services. Should we need to make any changes or terminate or suspend your Order/our Services, we will only be liable to offer you a refund of your Order fee only.
13.9 You acknowledge and accept that Sherpr have no control over external/partner events and whether they take place. If an event is cancelled or altered 60 days prior to the event taking place you will receive a full refund of the transportation costs only. This does not include the cost of boxes or additional insurance amounts.
13.10 Event cancellation or threat of cancellation or change of event date less than 60 days before the event will not entitle you to a refund from Sherpr. Sherpr cannot be held responsible for any monetary loss, inconvenience or any other circumstances.
13.11 Our event insurance is held under goods in transit insurance. Any Goods carried within our own company vehicles or any hired by Sherpr Global Ltd and driven by a person employed by Sherpr Global Ltd is insured up to the following amounts. Road bikes, £1000. Golf clubs, £500. The insurance covers for accidental damage, theft and loss of the vehicle. It is advised that all customers obtain further insurance to cover any balance that may not be covered by our insurance.
13.12 All bikes or golf clubs that are carried by third party Carriers engaged by Sherpr, that are being transported either to or from an event are not insured unless a specific request is made by the customer to have this added to the Carriage Services.
14. ORDERING A BOX THROUGH SHERPRBIKEBOX.COM
14.1 By placing an Order for packaging, you are offering to purchase a product on and subject to the following terms and conditions:
- All Orders are subject to availability and confirmation of the Order price, Orders made after 12:00 (GMT) will not be dispatched until the next working day.
- Dispatch times are standard at 1-2 working days but may vary depending on availability. Provisions made as to delivery times are limited to mainland UK, excluding Highlands and Islands and may be subject to delays resulting from third party Carrier.
- When placing an Order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the payment method used to place your Order and that there are sufficient funds to cover the cost of the goods. Contact information provided must include an email and/or mobile contact number. Failure to provide this will result in us withholding your Order for dispatch. Sherpr cannot be held responsible for any delivery issues once contact has been made between you and any third party Carrier, all delivery concerns relating to bike box/accessory purchases must be communicated directly between you and the Carrier.
14.2 Outstanding Orders may be cancelled at any time prior to dispatch and a full refund will be given. Once delivered, unused items purchased through the website are eligible for return within 14 days of delivery under the distance selling regulations. Goods must be returned to Sherpr within 14 days. In the event the goods delivered are damaged or differ to the items ordered, such details must be notified to us within 14 days of delivery. Failure to do so will result in items deemed accepted and you will not be eligible for a refund or exchange.
14.3 Sherpr offers a 2-year warranty against any manufacturing faults/defects. This warranty covers the original purchaser of the bike box only. This becomes void if the goods are sold/ ownership is otherwise transferred. It is your responsibility to provide proof of original purchase to Sherpr.
14.4 Our warranty will not cover cosmetic damages resulting from abuse including but not limited to tears, cuts, holes, scratches or stains or damages as a result of negligence by airlines/Carriers or any other third parties including but not limited to pressure damage, damage to wheels and hardware of the goods. All damages occurred in transit should be filed against the carrier/party responsible.
14.5 If goods are returned where a discount or voucher code has been used then only the payment will be refunded not the discount or voucher.
14.6 Sherpr will only cover the return cost of faulty or defective items. Sherpr states clearly the specifications of all goods, items requested for return as a result of sporting equipment being poorly proportioned to that of the goods will not be covered. Return costs for this and any other reasons not clearly stated in these Terms will be payable by you.
14.7 To request the return of any item, you must e-mail, telephone, message, or write to us quoting your Order number and name. You must take reasonable care of the items and must not use them. Goods must be returned to us within 14 days of your notice of return.
14.8 Items should be returned to:
SHERPR GLOBAL LTD UNIT 5 MAPLE PARK FALCONER ROAD HAVERHILL CB9 7BG
15. LIABILITY AND INDEMNITY
15.1 In the event of loss of your Goods caused by negligence or breach of these Terms on Sherpr’s part, our liability to you is limited to the cost of their replacement, taking into account their age and condition immediately prior to their loss, subject to a maximum liability of £100 per Order.
15.2 Our discretionary liability in respect of any other loss whatsoever shall not exceed the amount of the fees in respect of the Order.
15.3 We do not accept liability for the loss or damage of Goods confiscated, seized, removed or damaged by any customs authorities or likewise unless we have been negligent or in breach of these Terms.
15.4 We do not accept liability for the loss of duffle bags, backpacks, rucksacks or similar articles.
15.5 We do not accept liability for any loss or damage caused by your breach of these Terms.
15.6 Our liability will cease upon completion of delivery. You must notify us of any loss or damage within 7 calendar days of delivery.
15.7 To the extent permitted by law our liability arising out of any one incident for breach of warranty implied into these Terms by the Supply of Goods and Services Act 1982, or howsoever arising, is limited to either, at Sherpr’s sole discretion, Sherpr supplying the Service again or Sherpr providing a refund of the fees paid in the Order.
15.8 Subject to our obligations, you will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your misuse of the Services or breach of these Terms, provided that (a) you are given prompt notice of any such claim (b) we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense, and (c) you are given sole authority to defend or settle the claim.
15.9 Sherpr disclaims all liability for any indirect, consequential and special loss arising from, or in connection with, the Services, including but not limited to a) economic loss b) loss of profits c) losses incurred by any third party d) loss of revenue e) loss of goodwill and reputation f) loss of opportunity g) loss of work.
16. HOW TO MAKE A CLAIM
16.1 Compensation claims for damaged Goods must be made within 7 days of the delivery date to Sherpr. Claims relating to non-delivery resulting in a loss of the Goods must be made within 7 days of the expected delivery date. Claims after this time will not be processed. Do not send your claim directly to the Carrier.
16.2 To make a claim please email us at support@Sherpr.com. We shall then contact you and request any additional information which is required to process your claim. You will have 5 working days to provide us with full details of any claim from the date of our request.
16.3 We shall then conduct and investigation and report back to you our findings and our determination of your claim.
16.4 We reserve the right to dismiss any claim that does not follow the above process.
17.1 We will use our best endeavours to ensure that the Services are provided continuously and that access to our Website is not interrupted by any event within our control. We endeavour to notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal office hours.
17.2 We undertake no obligation to respond to queries but endeavour to do so within a reasonable time.
18. GENERAL PROVISIONS
18.2 We may make changes to these Terms at any time and will notify you in advance through one of our mediums. Any changes shall be effective when the Terms are updated on our Website and your continued use of Sherpr. Sherpr shall not be bound by any other agreement or conditions that seek to vary these Terms unless we have agreed to them in writing and is signed by a director of Sherpr.
18.3 If any provision (or part of a provision) of these Terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
18.4 You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.
18.5 This contract is between you and us and no other party shall have any rights to enforce any of the Terms.
18.6 These Terms constitute the entire agreement and understanding between you and us and supersede any previous terms between us relating to your use of the Services.
18.7 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
18.8 These Terms are governed by English law and the courts of England and Wales shall have exclusive jurisdiction in relation to matters arising out of these Terms.