Terms of Use

The following terms govern how you can use Doctap, so we would ask you to read them carefully. If you have any questions relating to the terms, you can contact us at support@doctap.co.uk.

  1. THE TERMS AND INTERPRETATION

    1. These terms (“Terms”) form a binding legal agreement between you (“you”, “your”) and Doctap Limited of 97-99 King Street, Hammersmith, London. W6 9JN. company no. 09518278 (“we”, “us”, “our”) and set out how you may use our online platform and any associated applications provided by us under the trading name ‘Doctap’ (any such software, “Doctap”).

    2. The following words have the following definitions in these Terms:

      “Allocated GP” has the meaning set out in clause 7.1.

      “Attendance Notes” means notes taken by the Allocated GP to record details of the Home-visit, including any symptoms observed in the Patient, any advice, prescriptions and/or referrals given by the Allocated GP and any Overtime.

      “Commission Due” means the commission to be paid by the Allocated GP to us for each Home-visit undertaken.

      “Designated Area” means the area designated by you within which you would be willing to undertake Home-visits.

      “Doctap GP” means a GP who has registered with Doctap.

      “Fees Due” means the GP Fees minus the Commission Due.

      “GP” means a general practitioner.

      “GP Fees” means the Basic Fee and the Overtime Fee paid by the User to the GP using Doctap.

      “GP Tax Liabilities” means all liabilities to deduct and account for income tax under the PAYE system and/or primary National Insurance together with any interest, penalties, costs and expenses arising in consequence of payment of (but for the avoidance of doubt shall not include any VAT payable on) any sums paid by to you via Doctap in accordance with this Agreement.

      “Home-visit” means a visit by a GP to a Patient Address to provide a non-emergency medical consultation for a Patient.

      “Patient” means the individual identified in a Request as requiring non-emergency medical assistance.

      “Patient Address” means the address designated by a User in their Request.

      “Payment Services” means the third party payment services used by Doctap to facilitate the payment of GP Fees, Commission Due and Fees Due.

      “Relevant User” mean the User who submitted the Request.

      “Request” means a request by a User, via Doctap, for a GP to carry out a Home-visit.

      “User” means a person who has signed up to Doctap to receive Home-visits.

  2. ACCEPTING THE TERMS

    1. In order to make use of Doctap, you must first agree to these Terms. You may not use Doctap if you do not accept these Terms. You may agree to these Terms either:

      1. by using or accessing Doctap; or

      2. by agreeing to these Terms where the option is made available to you.

    2. You agree that we may modify these Terms from time to time without notice. We recommend that you review these Terms on a regular basis. You understand and agree that any use by you of Doctap following changes having been posted by us, will be deemed acceptance of such changes.

    3. To be eligible to use Doctap you must be entitled to practise as a GP in the UK. You must not use Doctap if you have been suspended from practising or if you are not qualified to practice as a GP and/or if you are not entitled to work within the UK.

  3. USE OF DOCTAP BY YOU

    1. In consideration, (i) for Doctap GPs providing Clinical Services, for you agreeing to comply with these Terms; and, (ii) for Doctap GPs providing Home Visit Services, of payment by you to us of the Doctap Commission, we grant you a non-exclusive, non-assignable, non-transferable, non-sub-licensable licence to use Doctap solely and strictly for your own use for the purposes of carrying out Medical Services and/or Management Services.

      2. DocTap Software

    2. You agree not to access (or attempt to access) any part of Doctap by any means other than through the interface provided by us. You specifically agree not to access (or attempt to access) any part of Doctap through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) (save to the extent permitted by governing law) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of Doctap without prior written consent from us; (c) interfere or attempt to interfere with the proper working of Doctap or any activities conducted via Doctap; (d) bypass any measures we may use to prevent or restrict access to Doctap; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code in Doctap.

    3. You agree that you will not engage in any activity that interferes with or disrupts Doctap or the servers and networks that are connected to Doctap.

      4. DocTap Clinic

    4. If you are providing Clinical Services, you agree:

      1. only to use the Doctap Clinic solely for the purpose of providing and managing Clinical Services to Patients in accordance with any Schedule agreed between you and us from time to time;

      2. to comply with any health and safety provisions and/or any other reasonable instructions regarding the use of the Doctap Clinic as may be notified to you from time to time by us;

      3. not to obstruct any common areas in any Doctap Clinic, or make any part of the Doctap Clinic dirty or untidy;

      4. not to display any advertising, nameplate, inscriptions, flags, banners, placards, posters, signs or notices in any Doctap Clinic (without our prior written consent);

      5. not to make any alteration or addition to any Doctap Clinic; and

      6. to act in a professional manner at all times when in a Doctap Clinic and in a manner considerate to any other individuals who use premises adjoining or otherwise connected to the Doctap Clinic.

    5. You agree to indemnify us against all liabilities, costs, expenses, damages and losses we may suffer as a result of a claim by a third person as a result of your breach of clause 3.4.

  4. GP ACCOUNT

    1. In order to use Doctap, you will be required to register as a Doctap GP. Once registered you will be given access to your own account (“GP Account”). In order to register, you will be required to provide us with a number of details, including your name, address, telephone number, general medical council number, a scan of your qualification to practise, a scan of your medical malpractice indemnity insurance policy (“Insurance”), your curriculum vitae and a scan of your passport or driving licence. We also reserve the right to interview you. Any details and/or documents that you provide us with, whether in the interview process or otherwise, are “GP Details”. We reserve the right to carry out a strict vetting procedure for any GPs who apply to register as Doctap GPs. This means that not all applications will be accepted. You acknowledge and agree that we reserve the right, at our sole discretion, to decline any application by you to register as a Doctap GP, without providing you with any reasons.

    2. You:

      1. represent and warrant to us that:

        1. any and all GP Details provided by you are true, accurate and complete; and

        2. you have all the necessary consents and/or authority to provide us with the GP Details;

      2. undertake to notify us immediately of any changes to any GP Details, and in particular you shall notify us immediately if you are struck off any medical register; and

      3. agree not to impersonate any other person or entity or use a false name.

      4. agree, in relation to your Insurance:

        1. to maintain your Insurance for the duration of this Agreement;

        2. not to carry out any acts or omissions which may invalidate your coverage under your insurance; and

        3. to inform us immediately in the event that any of the details of your Insurance change.

    3. You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with your GP Account. Accordingly, you agree that you are solely responsible to us for all activities that occur under your GP Account, as determined, noted, or recorded by us. Such determination, notation and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein to which they attest.

    4. You grant us the right to access your GP Account for the purposes of provided Doctap, monitoring, improvement or upgrade.

    5. If you become aware of any unauthorised use of your password or your User Account, you agree to notify us immediately at: support@doctap.co.uk.

  5. PERSONAL DATA

    1. In order to set up a GP Account, you may be required to disclose to us personal data (which term shall include sensitive personal data) relating to data subjects (“personal data” and “data subjects” each as defined in the Data Protection Act 1998, “DPA”). In the event that you do so disclose such personal data to us:

      1. in relation to any personal data relating to someone else, you warrant and represent to us that you have secured all consents and permissions, and have taken all actions necessary, as may be required by applicable law for the purposes of fulfilling our obligations under this Agreement, which may include storage by us of any such data at locations outside the EEA, and/or disclosure of such information to third party service providers.

      2. in relation to any personal data relating to you:

        1. you consent to the use of such personal data by us for the following purposes:

          1. to carry out our obligations arising from your use of Doctap;

          2. for the purposes of investigating any disputes which may arise in respect of the provision of Doctap;

          3. to ensure that content from Doctap is presented in the most effective manner for you and your hardware;

          4. to notify you about changes to Doctap; and

        2. you consent to the transfer of such personal data by us to third parties in the following circumstances:

          1. to carry out the checks required to register you as a Doctap GP;

          2. to other GPs when you submit an Attendance Note;

          3. to our employees and third parties who are contracted to provide services to us to assist us in the provision of Doctap;

          4. if we sell our business or assets; or

          5. if we are under a duty to disclose or share your personal data to comply with a legal obligation, to enforce or apply these Terms.

    2. You acknowledge and agree to comply at all times with the obligations imposed on a data controller under the DPA and/or any other relevant legislation relating to data protection and/or privacy, in relation to any personal data and/or sensitive personal data (as such terms are defined in the DPA) that you may receive from time to time as a result of your use of Doctap and any Appointments that you might carry out.

  6. MEDICAL SERVICES

    Clinical Services

    1. You agree to:

      1. provide the Medical Services and Management Services at the Doctap Clinic in accordance with the Schedule; and

      2. carry out such Appointments (of no longer than the Appointment Length) as are designated to you during your agreed hours of work.

    2. From time to time we may need to change the Doctap Clinic agreed in the Schedule. You agree to comply with any reasonable requests by us to allocate you to a different Doctap Clinic at a different location.

    3. If you are prevented for reasons of sickness from provided the Medical and/or Management Services in accordance with any agreed Schedule (or any agreement pursuant to clause 6.2), you agree to notify us as soon as possible and in any event before you are scheduled to provide such services.

      4. Home Visits

    4. If you are using Doctap for the purposes of providing Home Visit Services, you will be required to select a Designated City. When we receive a Request within your Designated City, you will receive an email from us alerting you to the Request (“Alert”). If you want to respond to the Request you must click on the link provided in the Alert. The link will take you to Doctap, where you will be able to access details of the Request. By responding to the Request, you are warranting to us that you are available to carry out the Home Visit at the Patient Residence within 90 minutes of your response (such period, “Time Window”). We will allocate the Request to a responding Doctap GP, (such GP, “Allocated GP”).

    5. Unless you are the Allocated GP, you must not attempt to contact or visit any individual whose details are disclosed to you by us.

    6. If you are the Allocated GP but are unable to provide the Home Visit within the Time Window for any reason whatsoever, you must notify us immediately.

    7. In relation to any Home Visit for which you are the Allocated GP, you agree to use all reasonable endeavours to arrive at the Patient’s Residence within the Time Window.

    8. You acknowledge and agree that we cannot and do not provide any guarantees in relation to the number of Appointments (if any) you will be offered as a result of using our Services.

      9. Appointments

    9. In relation to any Appointment carried out by you, you agree that you shall:

      1. at all times act in a professional manner and provide your services to a high standard and degree;

      2. comply with any reasonable instructions from us in relation to clinical governance.

    10. In relation to any Appointment carried out by you, you agree that you shall not:

      1. act in any manner which is or which could reasonably be considered to be, intimidating, threatening or aggressive;

      2. use any abusive language to any person present at the Appointment; and/or

      3. request or accept any payments from the Relevant User or any person present at the Appointment (other than in accordance with the payment terms set out herein).

    11. You expressly acknowledge and agree that:

      1. while we may take steps to monitor the standard of Medical Services provided by you, you are solely responsible for the Medical Services which you provide, and you agree to have in place and maintain suitable medical malpractice indemnity insurance for the duration of this Agreement;

      2. we do not monitor or assess the potential risk to any Doctap GP of attending an Appointment; and

      3. we do not carry out any checks on our users to verify any of the details provided by them in relation to their identity or their requests for an Appointment.

    12. You agree that any contact details of Users and/or Patients (“Contact Details”), accessed by you using Doctap, are only to be used by you if you are the Allocated GP and only for the purposes of carrying out or managing Appointments. You expressly agree that you shall not contact or try to contact any User and/or Patient at any time following an Appointment, other than to provide a further Appointment or any follow up care strictly in accordance with any Doctap policies and procedures which have been notified to you by us (or on our behalf) from time to time.

  7. MANAGEMENT SERVICES

    1. In relation to any Management Services you have agreed to provide us with, you agree to use your best endeavours to provide any such Management Services in good faith and to a high professional standard.

  8. FEES

    1. The processing of any payments using Doctap, will be carried out using third party Payment Services. Those services shall be subject to that third-party’s terms of service and privacy policies. We cannot accept any liability for any damages (whether direct or indirect) caused as a result of the provision of the Payment Services.

    2. Other than as provided expressly in this Agreement, we are not responsible to you for any costs, expenses or damages incurred by you in the provision of any Medical (and/or Management) Services (including travel expenses and/or the cost of medical equipment or medicines).

      3. Clinical Services

    3. You acknowledge and agree:

      1. we shall retain any Appointment Fees paid by Users when they book an Appointment at a Doctap Clinic;

      2. you will be paid Clinical Fees on a weekly basis (in aggregate) for each hour you work in accordance with the Schedule;

      3. you will not be due any Clinical Fees by us for hours worked over and above what has been agreed in the Schedule unless this has been agreed with us in advance; and

      4. you will not be due any payments for any absences, whether as a result of sickness or holidays or for any other reason whatsoever.

    4. We reserve the right to vary the Clinical Fee, provided we notify you of the same before any Schedule is agreed.

      5. Home Visits

    5. Any Appointment Fees you earn by providing Home Visit Services shall be transferred by us to you (in aggregate) on a weekly basis, minus the aggregate Doctap Commission due.

    6. IF THERE IS ANY DISPUTE BETWEEN YOU AND THE RELEVANT USER IN RESPECT OF APPOINTMENT FEES, YOU MUST REGISTER YOUR CONCERN IMMEDIATELY BY SENDING US AN EMAIL TO SUPPORT@DOCTAP.CO.UK. WHILE WE MAY INVESTIGATE ANY CONCERN REGISTERED WITH US, AND, AT OUR SOLE DISCRETION, TAKE WHATEVER STEPS THAT WE DEEM NECESSARY IN ACCORDANCE WITH ANY SUCH INVESTIGATION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

      1. ANY DISPUTE THAT YOU MAY HAVE IN RELATION TO AN APPOINTMENT IS BETWEEN YOU AND THE RELEVANT USER AND THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY IN RESPECT OF THE PAYMENT OF THE APPOINTMENT FEES; AND

      2. WE RESERVE THE RIGHT TO PROCESS ANY APPOINTMENT FEES IN ACCORDANCE WITH THIS AGREEMENT PRIOR TO THE RESOLUTION OF ANY DISPUTE.

  9. THIRD PARTY CONTENT

    1. Content from third parties may from time to time be displayed on Doctap, including advertisements and links to third party Websites (any such content, “Third Party Content”). To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, special, incidental loss or damage which may arise in respect of your use of or reliance upon any Third Party Content.

    2. We do not endorse any Third Party Content, nor do we have a duty to moderate any Third Party Content. Any use of or reliance upon such Third Party Content is at your sole risk. You expressly understand and agree that we do not make any express or implied representations or warranties to you in relation to any such Third Party Content, including fitness for purpose, infringement or merchantability.

  10. INTELLECTUAL PROPERTY

    1. You acknowledge that we own or licence all legal rights, title and interest in and to Doctap, including any intellectual property rights which subsist in Doctap (whether those rights happen to be registered or not, and wherever in the world those right may exist) and that all intellectual property rights in the Services (including source code in the Software) belong to and shall remain vested in us (or where relevant our licensors). Nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out in these Terms).

    2. You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or be held within Doctap.

    3. In the event that your use of Doctap, if used in accordance with these Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify Doctap so that it is no longer infringing or obtain for you the right to continue using Doctap. This therefore constitutes your sole remedy in relation to any such infringement.

  11. CONFIDENTIALITY

    1. By using Doctap, you are likely to receive sensitive information relating to Users and Patients, including personal information such as names and contact details, and information relating to medical history, and information relating to the provision of Doctap (any such information, whether received orally, in writing, electronically or by any other means, directly or indirectly, “Confidential Information”).

    2. You undertake that you will not at any time for the duration of this Agreement or thereafter disclose or make any use whatsoever of any Confidential Information other than for the purpose of providing and managing Medical Services (in accordance with this Agreement).

    3. The obligations set out in this clause 11 shall not apply to any Confidential Information which you can demonstrate is or has become publicly known other than through a breach of this clause 11; or was in your possession prior to the disclosure as a result of the your use of Doctap; or was received by you from an independent third party who has full right of disclosure; or was required to be disclosed by law or regulatory body.

    4. Without prejudice to any other rights or remedies that Doctap may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach by you of the provisions of this clause, and that accordingly Doctap shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the provisions of this clause.

  12. TERMINATION

    1. We may at any time disable your GP Account, and/or terminate this Agreement, at our sole discretion, and with you with no liability to you, if:

      1. you materially breach any provision of these Terms (or act in a manner which we believe shows that you do not intend to, or are unable to comply with these Terms);

      2. you are no longer entitled to practise as a GP in the UK;

      3. we have received a complaint or complaints from any User and/or Patient in respect of your Home-visit and/or use of Doctap, which we believe is or could be damaging to us;

      4. we are required to do so by law;

      5. you become bankrupt or insolvent, or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to your assets being distributed to your creditors, shareholder or other contributors; or

      6. the provision of Doctap is, in our sole opinion, no longer commercially viable.

    2. Provided that there are no outstanding Requests linked to your GP Account, you may terminate this Agreement at any time by disabling your GP Account.

    3. On termination of this Agreement, the following clauses shall apply:

      1. the licence granted under clause 3.1 shall immediately terminate;

      2. you shall immediately cease representing yourself as connected in any way with us or our Services;

      3. we shall transfer to you any undisputed Fees Due;

      4. all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and in particular the provisions of clauses 3.2, 3.5, 6.5, 8.1, 8.2, 8.6, and 10 – 16 (inclusive) shall survive termination of this Agreement; and

      5. we reserve the exclusive right and prerogative to retain, maintain, archive, protect, use or store any personal data or such information as we have received from you without regards as to time or duration, as is strictly necessary to comply with our legal obligations, resolve disputes and enforce agreements.

  13. LIMITATION OF LIABILITY AND INDEMNITY

    1. Nothing in these Terms, including this clause 13 shall exclude or limit any warranty or liability to the extent that the same may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by its negligence.

    2. In respect of your use of Doctap, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms (including implied warranties and conditions of or merchantability, fitness for a particular purpose and non-infringement) and no advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees or personnel, or through or from your use of Doctap shall create any warranty not expressly stated in these Terms.

    3. Any condition, warranty, representation or other terms concerning Doctap, which might otherwise be implied into or incorporated in these Terms, or whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

    4. While we will use every effort to ensure that Doctap is available to you, you expressly understand that some of the functions of Doctap rely on an internet connection being sustained and the appropriate equipment being maintained. As such, you expressly understand and so agree that your use of Doctap is ‘as is’ and ‘as available’. In particular, we do not represent or warrant to you that:

      1. your use of Doctap (including such use in conjunction with any other software) will meet your requirements, or that your use of Doctap will be uninterrupted, timely, secure or free from error defects in the operation or functionality of Doctap;

      2. that defects in the operation or functionality of Doctap will be corrected, rectified or remedied; and/or

      3. any information obtained by you as a result of your use of Doctap will be accurate or reliable.

    5. Any material downloaded or otherwise obtained from or accessed through your use of Doctap is done so at your own discretion and risk, and you will be solely responsible for any damage, loss or prejudice to your computer system or other device or loss of data that result from the download or access of any such material.

    6. While we will use reasonable efforts to ensure that Doctap Clinics are available to you and are safe premises, you expressly acknowledge and agree that:

      1. to the fullest extent permitted by law, your use of the Doctap Clinics is at your own risk; and

      2. we cannot guarantee that you will always have access to the Doctap Clinics or that your use of the Doctap Clinics will be uninterrupted and we exclude to the fullest extent permitted by the law, any liability to you for any such occurrence.

      If you have any concerns about any Doctap Clinics you should stop using them immediately and notify us promptly.

    7. You expressly understand and agree that we and our licensors shall not be liable to you for:

      1. any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of your use of Doctap and/or its non-availability;

      2. loss of profit, business revenue, goodwill and anticipated savings;

      3. any trading or other losses which you may incur as a result of or reliance upon any content on Doctap;

      4. the deletion of, corruption of, or failure to store any content and other data maintained or transmitted by or through your use of Doctap; or

      5. any effect which the use of Doctap may have on any software you use.

    8. Subject to clause 13.1 above, our aggregate liability to you in respect of any loss or damage suffered by you and arising out of or in connection with the use of Doctap by you or any third party shall not exceed the Commission Due paid by you to us (out of the GP Fees) in the 12 months preceding the date of your claim.

    9. You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with your use of Doctap; that we cannot adequately insure its potential liability to you; and that, accordingly, the exclusions and limitations contained in this clause 13 are reasonable. You also undertake at all times to mitigate any such damage or loss.

    10. YOU AGREE TO INDEMNIFY US AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES (INCLUDING ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND ALL INTEREST, PENALTIES AND ALL OTHER PROFESSIONAL COSTS AND EXPENSES (CALCULATED ON A FULL INDEMNITY BASIS) SUFFERED OR INCURRED BY US, ARISING OUT OF ANY THIRD PARTY CLAIMS AGAINST US WHICH ARISE IN CONNECTION WITH A BREACH OF THIS AGREEMENT BY YOU.

  14. STATUS OF THE PARTIES

    1. Our Services are available to assist Doctap GPs who wish to provide Medical Services to Patients on a freelance basis. Nothing in this Agreement shall be deemed to create a partnership or the relationship of employer and employee between us and you. You expressly acknowledge and agree that you shall be fully responsible for and shall indemnify us on demand for and in respect of any GP Tax Liabilities.

    2. You acknowledge and agree that you have no authority whatsoever to bind us or to incur any expenses on our behalf, and you agree not to hold yourself out to any third party as having any such authority.

  15. GENERAL

    1. You shall not assign, transfer or sub-license any of your rights or obligations under these Terms, other than as expressly provided for in these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.

    2. Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.

    3. We shall not be liable to you in the event that we are unable to perform any of our obligations under these Terms owing to circumstances beyond our reasonable control, including acts of god, governmental actions, an outbreak of hostilities (whether war is declared or not), or in the event of a national emergency or terrorist intervention.

    4. If any part of any provisions of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.

    5. These Terms represent the entire agreement between you and us in relation to the subject matter of these Terms and neither of you nor us has relied upon any statement or representation made by the other in agreeing to enter this Agreement.

  16. LAW AND JURISDICTION

    1. These Terms shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise in connection with these Terms.

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