9. MISCELLANEOUS
If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this agreement shall continue in full force and effect as if this agreement had been executed with the illegal or unenforceable provision eliminated.
This agreement may be varied by Caresso Law only at any time by the publication of such revised terms and conditions at this website address, taking effect immediaately unless otherwise specifically stated.
Failure of any party to insist upon strict performance of any provision of this agreement or the failure of any party to exercise any right or remedy to which he or she is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this agreement.
No waiver of any of the provisions of this agreement shall be effective unless it is expressly stated to be such and signed by all the parties to this agreement.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
If either party to this agreement is prevented or delayed in the performance of any of their respective obligations under this agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue.
For the purpose of this agreement, “force majeure” shall be deemed to be any cause affecting the performance of this agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and includes, but is not limited to, the following:
- strikes, lockouts or other industrial action;
- civil commotion, riot, invasion, war threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic, severe weather or other natural physical disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
- political interference with normal operations.
This agreement contains the entire agreement and understanding of the parties relating to the subject matter of this agreement and extinguishes all previous agreements between the parties relating to the subject matter hereof.