BBA Website Terms of Use
Please read these Terms carefully before you start to use the Website as they will apply to your use of the Website. We recommend that you print a copy for future reference.
By accessing and/or using the Website you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not access and/ or use the Website.
These Terms also refer to our Data Privacy Notice which also applies to your use of the Website. Our Privacy Policy sets out the terms on which we may process and store any personal data we collect from you or which you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. Please refer to the Terms and Conditions around the usage of the BBA Client Portal, at the end of this document too.
1. Information
1.1 You may use the Website to gain access to information and documents which are made available by the BBA via the Website.
1.2 You acknowledge that any information or document which you download from the Website is subject to these Terms and any other terms and conditions which are included in or referred to in such document or information.
1.3 We endeavour to provide information (which for the purposes of these Terms includes images) on the Website that is accurate and complete, but we do not guarantee it in those respects, and it is your responsibility to check the accuracy of such information before taking or refraining from any decision or action based upon it.
1.4 We may update the Website and may change the content at any time. However, please note that any of the content on the Website may be out of date at any time and we are under no obligation to update it.
1.5 We do not guarantee that the Website will be free from errors or omissions.
2. Reliance
2.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking any action on the basis of content on the Website.
2.2 Although the BBA makes reasonable efforts to update information on the Website, the BBA makes no warranties, representations or undertakings in respect of the operation of the Website, the Website content (including, without limitation, as to its accuracy, currency, quality, completeness and/ or fitness for any purpose), the documents and services referred to on the Website and/or any content of any other website linked to it.
3. Liability
3.1 Nothing in the Terms excludes or limits the liability of BBA for death or personal injury arising from BBA’s negligence, or for fraud or fraudulent misrepresentation.
3.2 To the extent permitted by law, BBA excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
3.3 In no event will the BBA be liable for any loss or damage, whether in contract, tort, breach of statutory duty or otherwise, arising from:
3.3.1 use of, or inability to use, the Website; or
3.3.2 use of or reliance on information presented on any content displayed on the Website.
3.4 In particular, the BBA will not be liable for:
3.4.1 loss of profits, sales, business or revenue;
3.4.2 business interruption;
3.4.3 loss of anticipated savings;
3.4.4 loss of business opportunity, goodwill or reputation; or
3.4.5 any indirect or consequential loss or damage.
3.5 The BBA will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or your downloading of any content on it or on any website liked to it.
3.6 The BBA will not be liable for the content of any websites linked to the Website. Such links are provided for information only and should not be interpreted as endorsement by BBA of those linked websites. The BBA will not be liable for any loss or damage that may arise from your use of websites linked to the Website.
4. Copyright and Intellectual Property
4.1 The Website content and any documents which can be downloaded from the Website are protected by copyright, and the BBA either owns or has a licence to use such copyright.
4.2 The BBA grants you a non-exclusive, non-transferable licence to access and use the Website (including any documents which can be downloaded from the Website) subject to these Terms and for your own personal use and/ or your own internal business purposes.
4.3 The trade marks, logos, and service marks (Marks) displayed on the Website (including on any documents which can be downloaded from the Website) are the property of the BBA or other third parties. Except as permitted under clause 5, you are not permitted to use the Marks without the prior written consent of the BBA or such third party that may own the Marks. Marks of the BBA include, but are not limited to, British Board of Agrément, BBA, Agrément Certificate, BBA Certificate, HAPAS and HAPAS Certificate.
5. Restrictions upon Copying
5.1 You may download any document or page of this Website to a local hard disk and print off one copy for your own personal use and/ or your own internal business purposes (as appropriate).
5.2 You must not modify any paper or digital copy of any material you have printed off or downloaded from the Website in any way and you must not use any illustrations, photographs or graphics separately from any text which accompanies it on the Website.
5.3 BBA’s status (and that of any identified contributor) as author of the content on the Website must always be acknowledged.
5.4 You may not supply copies of any content downloaded from the Website to any third party for commercial purposes or financial gain.
5.5 Copying of Website content is permitted only in accordance with these Terms. You may not otherwise copy, reproduce, distribute, edit or amend Website content or otherwise incorporate Website content into any other publication or work in any form of media. Any request to copy Website content outside the scope of the licence granted in these Terms should be made via the Feedback button. The BBA reserves its right to refuse to grant any such request.
5.6 If your use of any Website content breaches these Terms, your right to use the Website will immediately cease and you must, at our option, return or destroy any copies of materials that you have made.
6. Availability and Access
6.1 The Website is intended normally to be available at all times. However, the BBA does not guarantee that the Website or any content on it will always be available or uninterrupted and the BBA will not be liable if for any reason the Website is unavailable at any time or for any period.
6.2 The Website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for other reasons.
6.3 You agree that the BBA may, in its sole discretion, at any time terminate, suspend or restrict your access to the Website.
6.4 You are responsible for making all arrangement necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
6.5 You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. BBA does not guarantee that the Website will be secure or free from bugs or viruses and you should use your own virus protection software.
6.6 If you choose, or BBA provides you with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
7. Prohibited Uses
7.1 Your use of and activities upon the Website must not:
7.1.1 be false, inaccurate or misleading;
7.1.2 infringe any of BBA’s or any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
7.1.3 be fraudulent or unlawful;
7.1.4 be in breach of any applicable laws or regulations, licences or third party rights;
7.1.5 interfere in any way with the proper working of the Website and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Website or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998; or
7.1.6 cause the Website to be interrupted, damaged, rendered less efficient or impair the effectiveness or functionality of the Website in any way.
7.2 You must not transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
7.3 You must not knowingly introduce any material which contains viruses, Trojan horses, worms or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware.
8. Links to Other Websites
The Website contains links and references to other websites. These are provided for your information only. We have not attempted to verify their truth or accuracy and do not accept any responsibility for them or their content. You access any such links entirely at your risk.
9. Linking to the Website
9.1 You may establish a link to the Website’s home page providing that you do so in a way that is fair and legal and does not damage or take advantage of the BBA’s reputation. You may only establish a link from a website which is owned by you.
9.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of BBA where none exists.
9.3 You must not frame the Website in any other site nor create a link to any part of the Website other than the home page.
10. Changes to these Terms
The BBA may amend these Terms at any time by amending this page. You are required to read the current Terms each time you access the Website as those are the Terms that will apply to your use of the Website. The date at the top of this page will be amended each time these Terms are updated.
11. General
11.1 Each of the clauses in these Terms operates separately. If any court decides that any of them are unlawful or unenforceable, the remaining clauses will continue in full force and effect.
11.2 The Website services are provided from England, irrespective of your location.
11.3 A person who is not a user of the Website shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
11.4 If the BBA does not insist upon strict performance of any of your obligations under these Terms or if it does not enforce any of its rights against you, this shall not mean that it has waived such rights or remedies and will not mean that you do not have to comply with those obligations.
12. Governing Law
Your use of this website and any dispute arising out of such use of the website shall be governed by, and construed in accordance with, English law.
BBA CLIENT PORTAL TERMS OF USE
These Portal Terms of Use set out the terms of use under which you may use the BBA Client Portal. Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Portal. If you do not agree to comply with and be bound by them you must stop using the Portal immediately.
1. Interpretation
1.1 Where the following words and expressions are used in these Terms of Use they will have the meanings given them below unless the context reasonably requires a different meaning:
“Account” means (where relevant) an account required for a User to access and/or use certain areas of the Portal.
“BBA” means the British Board of Agrément and ‘we’, ‘us’, ‘our’ or ‘ourselves’ will be interpreted in the same way
“BBA Input” means (where relevant) input of any kind posted on the Portal by BBA
“Certificate Contract” means a contract of that name between the User (as Applicant) and BBA under which BBA agrees to carry out Work in return for a Fee (as defined therein).
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information held or capable of being held on a computer including any forming part of the Portal and ‘Portal Content’ will be interpreted in the same way;
“Inappropriate Use” means behaviour which BBA believes:
(a) is sexually explicit; or
(b) promotes violence, is obscene, deliberately offensive, hateful or otherwise inflammatory; or
(c) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age; or
(d) is intended to advertise or market any product or service (including any which is being reviewed), or is of an advertising or marketing nature; or
(e) infringes, or assists in the infringement of the Intellectual Property rights or privacy or data rights of any other person, or
(f) is in breach of any legal duty owed to a third party including contractual duties.
“Intellectual Property” copyright, patents, trademarks, trade secrets, service marks, trade names, design rights, or mask work, whether any of those are registered or unregistered and including applications for the grant of any such rights.
“Legal Requirement” means any applicable Act of Parliament and/or secondary legislation of the United Kingdom (and includes to the extent relevant, any directive or regulation of the European Union which continues in force after the United Kingdom’s departure from the European Union), any approved code of conduct or similar document issued by any industry, governmental or quasi-governmental body having supervisory control over a party.
“Parties” means BBA and the User and a ‘Party’ means either of them.
“Portal” means this BBA Portal
“Project” means the project described by the Project Scope in the User’s Certificate Contract (so called) between the User and BBA.
“Related BBA Companies” means the entities referred to in Clause 8.6.
“Terms of Use” means these Terms of Use and “Portal Terms of Use” will be interpreted in the same way.
“User” means you, the user of the Portal and “you” and “yours” will be interpreted in the same way
“User Input” means (where relevant) input of any kind posted on the Portal by a User.
1.2 Where, for a group or list of more than one item, we use particular examples of something or use the words ‘including’ or ‘in particular’ or similar words, this does not limit the type or range of items or examples included in the group or list unless the context reasonably requires different meaning.
1.3 The headings are for convenience only and do not affect interpretation.
1.4 A reference to any Legal Requirement includes it in any amended or consolidated form.
1.5 Where we have mentioned something in the singular form this includes it in the plural form and vice versa.
1.6 A reference to loss or damage means loss and/or damage of any kind, whatsoever and howsoever incurred, whether or not it was reasonably foreseeable as not unlikely to occur at any relevant time in the ordinary course of events.
1.7 Where liability for loss or damage or liability for any guarantee or warranty or representation or undertaking or obligation of any kind is limited or excluded this means it is limited or excluded to the maximum extent permitted by law.
1.8 Where the Terms of Use state that someone ‘will’ or ‘will not’ do something (and similar statements) this means that they ‘shall’ or ‘shall not’ do that thing and vice versa.
1.9 An obligation on the User to do or not do something includes an obligation to procure the same.
1.10 A reference to a Clause is reference to a clause in these Terms of Use.
2. Who we are
2.1 The Portal, www.bbacerts.co.uk, is owned and operated by BBA registration number 878293, registered office Bucknalls Lane, Garston Watford, Herts, WD25 9BA.
BBA’s VAT number is GB 207903278.
2.2 To contact us, please email us at [email protected], or using any of the methods provided on our contact page at bbacerts.co.uk/contact-us.
3. Access to the Portal
3.1 Access to the Portal will be given to Users who have contracted with BBA under an existing Certificate Contract and (where required by BBA) who have set up an Account. Access is intended to provide an alternative way for Users to access or exchange information with BBA relating to that Certificate Contract as described further below. These Terms of Use are intended to apply to the access or exchange of that information only when it is accessed or exchanged via the Portal and as such:
3.1.1 will not apply to information relating to the Certificate Contract which is not accessed or exchanged via the Portal.
3.1.2 these Terms of Use will not modify, amend or diminish the rights and obligations of the parties to the Certificate Contract.
3.2 The information which may be accessed or exchanged via the Portal will be information relating to the User’s published certificate, to their invoice history and/or to their quotes and contract history as described further in Clause 4. Access will also be to view any other relevant information we may from time to time choose to show on the Portal.
3.3 Access will be via the email address we hold for you supported by a password which BBA will provide in the first instance for login-in or otherwise setting up an Account (where required by BBA) but which you will be invited to change for all subsequent occasions you log-in. Users will not have the right to create their own access unless it is approved by BBA.
3.4 If you choose, or BBA provides you with, a user identification code, password similar you must treat such information as confidential and must not disclose it to any third party.
3.5 You are responsible for making all arrangements needed for you to have access to the Portal. This includes being responsible for configuring your information technology, computer programmes and platform accordingly. You must ensure that all persons in your organisation who access the Portal through your internet connection are aware of these Terms of Use and comply with them.
3.6 When accessing or exchanging information via the Portal it is your responsibility to ensure that the information you provide is accurate, complete and is kept up to date by you.
3.7 You agree that the BBA may, in its sole discretion and at any time, terminate, suspend or restrict your access to the Portal.
3.8 Access is provided “as is” and on an “as available” basis and you agree that on each occasion you log-in your use will also be governed by the BBA Website Terms and Conditions, the BBA Cookies Policy and the BBA Data Privacy Notice, available on our website. You agree that you have read those documents in full and that protections in favour of BBA under these Terms of Use will not be reduced by any provision contained in those other documents.
3.9 If you wish to close your Account or remove any of your User Input from the Portal, the User Input in question will be deleted or anonymised in whichever way we decide is the most appropriate. Please note, however, that caching or references to your User Input may not be made immediately unavailable.
4. Use of the Portal
4.1 When using the Portal you may:
4.1.1 access, view and use the Portal in a web browser where applicable (including any web browsing capability built into other types of software or app);
4.1.2 download the Portal (or any part of it) for caching;
4.1.3 print one copy of any page(s) from the Portal;
4.1.4 download extracts from pages on the Portal; and
4.1.5 save pages from the Portal for later and/or offline viewing.
4.2 Information on the status of a Project may include:
4.2.1 the job title and job type of the Project
4.2.2 the relevant job number and status
4.2.3 the latest update from the BBA on the Project
4.3 Information on a User’s own published certificates may include:
4.3.1 the certificate title, number and date of issue
4.3.2 the certificate series to which it applies
4.3.3 the next surveillance/review date of the certificate
4.3.4 the pdf version of the certificate.
4.4 Information on a User’s invoicing history may include:
4.4.1 invoice date, invoice number and associated PO number
4.4.2 job number for the invoice
4.4.3 the invoice total, the amount outstanding and the due date for payment
4.4.4 the invoice status
4.5 Information on a User’s quotes and contract history may include:
4.5.1 the associated BBA reference number
4.5.2 the date of issue of the quote or contract
4.5.3 the document type (ie. a contract or quotation) and a general description.
4.5.4 the document status (whether open, pre-contract or agreed or other)
4.5.5 a copy of the document.
4.6 You may establish a link to any home page on the Portal providing that you do so in a way that is fair and legal and does not damage or take advantage of the BBA’s reputation. You may only establish a link from a source which is owned by you.
4.7 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of BBA where none exists.
4.8 You must not frame the Portal in any other site nor create a link to any part of the Portal other than the home page. You acknowledge that any information or document which you download from the Portal is subject to these Terms of Use and subject to any other terms and conditions which are included in or referred to in such document or information.
4.9 Where the Portal contains links and references to other Portals or to websites, these are provided for your information only. We have not attempted to verify their truth or accuracy and do not accept any responsibility for them or their content. You access any such links entirely at your risk.
4.10 We may update the Portal and may change the Content at any time. However, please note that any of the Content on the Portal may be out of date at any time and we are under no obligation to update it.
5. Prohibited Use
5.1 Your use of the Portal must not in our sole opinion:
5.1.1 be false, inaccurate or misleading;
5.1.2 infringe any of BBA’s or any third party’s Intellectual Property rights or rights of publicity or privacy;
5.1.3 be fraudulent or unlawful;
5.1.4 be in breach of any Legal Requirements, licences or third party rights.
5.2 You must not transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
5.3 You must comply with the requirements of Clause 7.
5.4 In addition to our rights to terminate, suspend or restrict access to the Portal under Clause 3.7 you agree that if in our sole opinion your behaviour constitutes Inappropriate Use or you breach any of the prohibitions in Clause 5.1 to 5.3 we may:
5.4.1 issue you with a written warning; and/or
5.4.2 take legal proceedings of any kind including for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; and/or
5.4.3 disclose such information to law enforcement authorities as BBA deem reasonably necessary; and/or
5.4.4 take any other actions that BBA deems reasonably appropriate and lawful.
6 Information Rights and Confidentiality
6.1 The Portal Content, the BBA Input and any documents which can be downloaded from the Portal are protected by copyright, and BBA either owns or has a licence to use such copyright.
6.2 In particular, the trade marks, logos, and service marks (Marks) displayed on the Portal (including on any documents which can be downloaded from the Portal) are the property of BBA or other third parties. Except as permitted under this Clause 6, you are not permitted to use the Marks without the prior written consent of BBA or such third party that may own the Marks. Marks of BBA include, but are not limited to, British Board of Agrément, BBA, Agrément Certificate, BBA Certificate, HAPAS and HAPAS certificate.
6.3 BBA grants you a non-exclusive, non-transferable licence to access and use the Portal (including any documents which can be downloaded from the Portal) to do any of the acts covered by Clause 4 provided your use also complies with Clause 6.4 to 6.7 and does not conflict with BBA’s Website Terms and Conditions or with the terms of any licence or permission under the Certificate Contract.
6.4 Copying of the Portal Content is permitted only in accordance with these Terms of Use. You may not otherwise copy, reproduce, distribute, edit or amend Portal Content or otherwise incorporate Portal Content into any other publication or work in any form of media. Any request to copy Portal Content outside the scope of the licence granted in Clause 6.3 of these Terms of Use should be made directly to the BBA. The BBA reserves its right to refuse to grant any such request.
6.5 You may download any Content from this Portal to a local hard disk and print off one copy for your own internal business purposes (as appropriate). You may not however supply copies of any Content downloaded from the Portal to any third party for commercial purposes or financial gain except where agreed in the Certificate Contract or where we have given a separate permission for you to do so.
6.6 You must not modify any paper or digital copy of any material you have printed off or downloaded from the Portal in any way and you must not use any illustrations, photographs or graphics separately from any text which accompanies it on the Portal.
6.7 BBA’s status (and that of any identified contributor) as author of the Content on the Portal must always be acknowledged.
6.8 BBA is not responsible for storage of your information but reserves the right to hold it to create an audit trail or to comply with any relevant Legal Requirement or for use as otherwise set out in these Terms of Use or in the BBA Data Privacy Notice or the BBA Cookies Policy, each of which are available on our website.
6.9 Subject to this Clause 6, the Parties agree that the text of the Confidentiality provisions of the Certificate Contract will apply to these Terms of Use (with appropriate changes to reflect the subject matter) as if separately set out herein.
7 Viruses, Malware and Security
7.1 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
7.2 In addition to the requirements of Clause 5, you must not:
7.2.1 knowingly introduce any material which contains viruses, Trojan horses, worms or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware. In particular, you must not attack the Portal by means of a denial of service attack, a distributed denial of service attack, or any via other technologically harmful material.
7.2.2 interfere in any way with the proper working of the Portal and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Portal or surreptitiously intercept, access without authority or expropriate any system, data or personal information as described in our Data Privacy Notice or as specified in any applicable Legal Requirement.
7.2.3 cause the Portal to be interrupted, damaged, rendered less efficient or impair the effectiveness or functionality of the Portal in any way.
7.3 By breaching the provisions of Clause 7.2 you may be committing a criminal offence under the Computer Misuse Act 1990. In addition to its rights under Clause 3.7 and 5.4, BBA will report such breaches to the relevant law enforcement authorities and BBA will cooperate fully with those authorities by disclosing your identity to them.
8 Liability
8.1 The Portal Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking any action on the basis of such Content. BBA will not be liable for the content of any links which are linked to the Portal. Such links are also provided for general information only and must not be interpreted as endorsement by BBA of the same.
8.2 BBA gives no guarantees, warranties, representations, undertakings and assumes no obligations in respect of the matters referred to in Clauses 8.3 and Users agree that they are responsible at their sole risk for those matters.
8.3 The matters referred to in this Clause 8.3 are any or all of the following:
8.3.1 the availability of or access to the Portal for any reason.
8.3.2 the accuracy or use of any links on or which may be accessed via the Portal.
8.3.3 the operation of the Portal, the operation or accuracy or use of any Content (including, as to its suitability or fitness for any purpose), the documents, services, timescales or completion dates for any tasks contained on or referred to on the Portal and/or referred to in any Content.
8.3.4 the existence or non-existence of errors, bugs or viruses, the likelihood that any distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or your downloading of any Content on it or on any link to it.
8.4 In no event will BBA be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising from:
8.4.1 use of, or inability to use or the suspension of use of the Portal including where due to any of the matters referred to in Clause 8.3; or
8.4.2 use of or reliance on information presented in any Content displayed on the Portal.
8.4.3 any other circumstances mentioned under these Terms of Use for which we are not responsible or for which you are responsible.
8.5 In particular, the exclusion in Clause 8.3 extends to an exclusion for:
8.5.1 loss of profits, sales, business or revenue;
8.5.2 business interruption or delay;
8.5.3 loss of data or of anticipated savings;
8.5.4 loss of business opportunity, goodwill or reputation; or
8.5.5 any indirect or consequential loss or damage.
8.6 Where in order to access or exchange information under Clause 3 or Clause 4 you have needed to interact with BBA Consultancy, Investigation & Training Limited, BBA (EU) Certification Limited or with any other trading entity connected with BBA as part of the same trading group (related BBA Companies) the obligations of any of the related BBA Companies will not be wider than the scope of BBA’s obligations hereunder and the exclusions and limitations of liability for loss or damage in this Clause 8 shall also apply in favour of those related BBA Companies.
8.7 If, despite this Clause 8, BBA or any of the related BBA Companies is found to have any liability for any category of loss or damage under these Terms of Use, its/their maximum liability shall (subject to Clause 8.10) not exceed the limit of BBA’s liability under the Certificate Contract for that particular category or loss or damage.
8.8 The User agrees that its contract is with BBA and that under no circumstances shall the directors, employees, agents, contractors (of any tier) of BBA have any liability under these Terms of Use.
8.9 The rights, remedies and exclusions of liability under these Terms of Use are separate from one another but may be used in conjunction with each other and may be used more than once.
8.10 Nothing in these Terms of Use excludes or limits the liability of BBA for death or personal injury arising from BBA’s negligence, fraud or fraudulent misrepresentation.
9 Changes to these Terms of Use
9.1 The BBA may amend these Terms of Use at any time. You are required to read the current Terms of Use each time you access the Portal as those are the Terms of Use that will apply to your use of the Portal at that time. Where amendments to these Terms of Use are sought to cover previous occasions you have used the Portal, they will not be binding on either Party unless expressly agreed as an amendment by both Parties.
10 Non-Waiver and Third Parties
10.1 If the BBA does not insist upon the strict performance of any of your obligations under these Terms of Use or if it does not enforce any of its rights against you, this shall not mean that it has waived such rights or remedies and will not mean that you do not have to comply with those obligations.
10.2 Subject to Clause 8.6 in favour of the related BBA Companies, any person who is not a User of the Portal as defined above shall not have any rights under The Contracts (Rights of Third Party) Act 1999 to enforce any of these Terms of Use.
11 Severance
11.1 If any court decides that any of the provisions of these Terms of Use are unlawful or unenforceable, the remaining provisions will continue in full force and effect.
12 Entire Agreement, Governing Law and Jurisdiction
12.1 All of the terms and conditions concerning the access or exchange of information relating to the Certificate Contract will, when it is accessed or exchanged via the Portal rather than otherwise, be governed exclusively by these Terms of Use and (except where stated) all other agreements or understandings are hereby excluded.
12.2 These Terms of Use, and the relationship between you and ourselves (whether contractual or otherwise) will be governed by, and construed in accordance with the law of England & Wales regardless of your location.
12.3 Any disputes concerning these Terms of Use, the relationship between you and ourselves, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
