Terms & Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITES. For the purposes of this document Smart Nutrition Ltd is the company that owns and is responsible for the website we are referring to www.smartsibotest.com. These two terms are used interchangeably on this document.
- General use of Website.
1.1 By using our websites, you are deemed to have read and agreed to being bound by these Terms and Conditions of Use just as if you had signed this agreement.
1.2 We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions of use, at any time without giving prior notice. All changes will become immediately applicable to all users of this website. You should check these terms and conditions of use periodically for changes. By using this website after we post/publish any changes to these terms and conditions of use, you agree to accept and be bound by those changes, whether or not you have reviewed them. If you do not agree to these terms and conditions of use, please do not use our websites and, if applicable, please arrange to terminate your registration with us by notifying us of your unwillingness to accept the changes to the Terms and Conditions of Use.
- General content.
2.1 Images and other product information on this site is for illustration only and may not accurately show the product contents or the most recent packaging due to the continual development of products and changes in the way they are displayed.
2.2 The information contained in this website has been prepared solely for the purpose of providing general information about Smart Nutrition Ltd and the website smartsibotest.com, and the services that they offer and no information given is an alternative to seeking professional medical advice where appropriate.
2.3 Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Smart Nutrition Ltd and the website smartsibotest.com.
2.4 The information presented is believed to be reliable but it is subject to change at any time without notice. Smart Nutrition Ltd does not guarantee its completeness or accuracy. By accessing this website you agree that Smart Nutrition Ltd will not be liable for any direct, indirect, or consequential loss arising from the use of the information and material contained in this website (smartsibotest.com) or from your access of other material on the internet via web links from this site.
2.5 Smart Nutrition Ltd recommends that you always consult a medical practitioner before following any complementary therapies if you have any symptoms of illness, have any diagnosed ailment, or are receiving conventional medication or any treatment for an existing condition. Do not stop conventional treatment or medication for any reason without consulting a doctor. Always inform both your doctor and your complementary medical practitioners of any treatment, medication or remedies, both conventional and unconventional that you are taking, or are intending to take. Do not delay in seeking medical advice as a result of any information obtained from this website which should not be regarded as an alternative to medical advice concerning particular medical conditions or treatments.
2.6 We would always advise that you seek a professional opinion before commencing any nutritional supplementation.
2.7 Smart Nutrition Ltd, or any, or all of its directors and staff shall not be held responsible for any claims relating to illness or ailments or damage that is deemed to have possibly arisen as a consequence of using any part, or all of the content provided on this or related websites or in the use of any products sold on this web site. The content is provided for general use, and may be inapplicable, unsuitable or both to persons suffering from conditions diagnosed or not.
2.8 Manufacturer’s recommended cautions and contraindications for use are listed where possible but we accept no responsibility if failure to mention the possible interactions between any product sold by us and other medications or supplement. If no contraindication relating to other medications is highlighted it cannot be assumed that it is safe to combine medications and supplements and you should seek professional advice before combining.
You expressly understand and agree that Smart Nutrition Ltd and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Smart Nutrition Ltd or its affiliates have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the smartsibotest.com site; (b) the use of any content or other material on the smartsibotest.com site or any website or websites linked to the smartsibotest.com site, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the smartsibotest.com site; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the smartsibotest.com site; or (f) any other matter relating to smartsibotest.com. In no event shall smartsibotest.com.’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing our websites. If you are dissatisfied with any portion of the smartsibotest.com site, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using smartsibotest.com site.
2.9 Customer advisers are available please call 01273 775480 to discuss your orders and to help you in deciding which Breath test would be appropriate.
3.1 Laboratory testing is arranged on your behalf by the company Smart Nutrition Ltd and such cost will either be paid to the lab direct at either a, the price advertised by the lab or b, we can arrange this for you. In this case you will be charged our commission at approximately 10-20% plus the recharging of the cost of the test which will have been arranged on your behalf as your agent.
3.2 All invoices issued to you must be settled as per the payment and statement clauses noted elsewhere in the terms and conditions.
4 Restrictions on your use of materials / copyright.
4.1 You acknowledge that the Smart Nutrition LTD sites contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Contents”) that are protected by copyrights, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms of media and technologies existing now or hereafter developed. All Content is copyrighted and belongs to Smart Nutrition LTD under the United Kingdom copyright laws (and, if applicable, similar foreign laws) and we own a copyright in the selection, co-ordination, arrangement and enhancement of such Content.
4.2 You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content, in whole or in part, except that you may download one copy of the content on any single computer for your personal, non-commercial home use only, provided you neither change nor delete any author attribution, trademark, legend, copyright or other proprietary notice. When you download any content, you do not obtain any ownership interest in such content. Modification of the content or use of the content for any other purpose, including, but not limited to, use of any content on any other website or networked computer environment is strictly prohibited.
5 Third Party Copyright.
5.1 The products described in this website may be the subject of other intellectual property rights reserved by Smart Nutrition LTD or other third parties. No license is granted in respect of those intellectual property rights.
5.2 Images, pictures, videos, logos and graphics on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).
6.5 All information you share with Smart Nutrition Ltd will be strictly confidential. We will not share any information relating to you with any other persons or body and we will always abide by the 2018 EU General Data Protection Regulation Legislation and GDPR. Payment using PayPal or our payment processing partner Stripe is secure.
6.6 Incoming calls may be recorded to improve our efficiency and as a record of any telephoned orders.
6.7 You are entitled to see all the information we hold about you and to request changes to ensure accuracy. Please write in with your request including an SAE to Smart Nutrition Ltd, Consultant to Smart Nutrition Ltd Emma Wells, 47 Lansdowne Place, Hove, BN3 1HF
6.8 Smart Nutrition Ltd website complies with the principles of the GDPR Legislation 2018. Smart Nutrition Ltd holds your personal data in accordance with the security provisions of the GDPR Legislation.
6.9 Smart Nutrition Ltd is committed to preserving the privacy of all the information you provide to smartsibotest.com.
6.10 When you visit, register or order products or services from smartsibotest.com you may be asked to provide your name, address and contact details along with your credit or debit card information. A copy of your contact details will be retained but your credit debit card details are not passed on to Smart Nutrition Ltd by the payment gateway used (PayPal) however if you choose to pay with a debit or credit card by telephone these details will not be kept.
6.11 Personal data will be collected and processed by Smart Nutrition Ltd for the following purposes: to provide goods and services, including marketing, advertising and promotions, if you have opted-in to receiving such communications and for insurance purposes. If you have opted in and later change your mind you will have the option to unsubscribe from newsletters and promotions.
6.12 A copy of all email correspondence will be kept along with any recorded phone calls.
6.13 All of the information you share with Personal information provided to Smart Nutrition Ltd via smartsibotest.com website will be used for the purposes outlined at the time of collection and may be used for statistical analysis.
6.14 We will not give, loan, sell, or rent any of your personal details to third parties unless legally required to do so or with your clear written consent.
6.16 During data collection necessary to complete your order users are given the opportunity to opt-in to receiving future direct marketing material from Smart Nutrition Ltd. If at any time users want Smart Nutrition Ltd to stop sending such communications they can use the unsubscribe link on any newsletters, email [email protected] or should write to: Smart Nutrition Ltd, Consultant to Smart Nutrition Ltd Emma Wells, 47 Lansdowne Place, Hove, East Sussex, BN3 1HF
6.17 You are able to exercise certain rights in relation to your personal data that we process. These are set out in more detail at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
6.18 In relation to a Subject Access Right request, you may request that we inform you of the data we hold about you and how we process it. We will not charge a fee for responding to this request unless your request is clearly unfounded, repetitive or excessive in which case we may charge a reasonable fee or decline to respond. We will, in most cases, reply within one month of the date of the request unless your request is complex or you have made a large number of requests in which case we will notify you of any delay and will in any event reply within 3 months. If, at any time, a user wants to verify, update or amend their personal data they may simply email their request to [email protected].
6.20 The Company is not responsible for the privacy policies of third party websites. The Company advises users to read the privacy policies of other websites before registering any personal data.
- Pricing and Payment
7.1 The prices payable for goods are as set out in our website and are inclusive of any delivery charges except where specifically specified to the contrary.
7.2 We must receive payment for the whole price of the goods including delivery charges, which can be made using PayPal or via our payment gateway Stripe
7.3 Once payment has been received via PayPal or Stripe we will confirm your order by sending an e-mail to you at the e-mail address you provided stating the Order Reference Nos.
7.4 If we are unable to fulfil an order due to inability to obtain supplies from manufacturers or suppliers we will refund your payment by the same route that payment was made.
7.5 Special offers will be for a limited time only.
7.6 All transactions must be in sterling.
7.7 Acceptance of your order brings into existence a legally binding contract between us. Only those aged 18 and over are entitled to enter into legally binding contracts and as a result are the only people entitled to purchase through this site. Any individuals who are unable to enter into legally binding contracts are prohibited from ordering goods using this site. If you do not qualify please DO NOT use this site. By ordering on this website you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older.
7.8 We reserve the right to claim statutory interest at 5% above the Bank of England reference rate in force on the date any debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Terms of payment are on receipt.
8.1 We will deliver the goods ordered by you to the address you gave us for delivery at the time you placed your order however we strictly reserve the right to only post to the billing address when a different delivery address is given, for reasons of security.
8.2 We aim for orders to be dispatched within two to three working days. Most orders are dispatched within twenty four hours but we cannot be held responsible for delays caused by a third party. We will do everything we can to ensure delivery of your order in the above time frame with a maximum of 30 days. If unfortunately goods are not delivered or are damaged or defective due to any event or circumstance beyond our control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident we will refund your payment and cancel your order or replace the goods but are unable to do this until the 30 day time period is up or unless the goods are returned unopened in a state fit for resale.
8.3 Our liability for late delivery or failure to deliver is limited to the price payable for the goods not including the postage charge.
8.4 Risk of damage or loss to the goods passes to you on receipt/delivery of the order or part order or if you are unable to accept the order or if you refuse to accept the order when delivery is attempted.
8.5 Should you not be able to receive goods posted to you and they are returned to us an extra delivery charge may become payable. You will be informed of this and given the option to cancel if preferred.
8.6 Our liability if goods are lost or not delivered will be limited to the price of the goods. Returns will only be credited if they are in good condition and unopened.
8.7 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8.8 If the goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question. The goods must be returned to us before reimbursement or replacement can take place.
9.1 Whenever possible orders will be sent by Royal Mail 1st class post for deliveries within the U.K.
9.2 Postage is free on all of the health tests for delivery to mainland U.K. and Northern Ireland but not to the Highland and Island areas. Postage charges may be necessary for some European or world wide destinations. We will advise you of this either at the checkout or after your order.
9.3 You will need to pay for return postage to the lab
10 Test time frames
10.1 Many of the tests have a use by date on them and all tests must be completed and sent back to the laboratory before the use before date. It is your responsibility to make sure you use the test within this time frame.
10.2 All tests must be completed within 6 months of ordering the test. It is your responsibility to make sure you use the test within this time frame. If the test is not completed within the 6 month period following your order then an administration and handling fee of £50 will be charged plus any increase in the test fee since the date of order.
10.3 1 year or longer after the date of the order you are no longer able to complete the test nor are you eligible to a refund.
10.4 In regard to 10.1 & 10.2 whichever is the soonest will preside over the other. e.g if the use-by date is 3 months then this takes priority over the 6 months or if the use-by date is 9 months the 6-month clause takes priority.
- Right for you to cancel your contract.
11.1 You may cancel your order at any time before a sample collection kit has been despatched to you and receive a full refund.
11.2 Once your testing kit has been despatched, you have up to 30 days to cancel the order.
11.3 You must return the testing kit if we have sent one to you unopened and unused to the address below at your cost:
Smart Nutrition Ltd
47 Lansdowne Place
11.4 If the testing kit you return is complete, unused and undamaged, we will give you a full refund. If the returned kit is incomplete, used or damaged in any way, you may incur a cancellation charge of up to £25 to cover the cost of the kit. This charge will be deducted from the total amount refunded to you.
11.5 We will deduct the cost of any postage fees we incur from the refund should you not cover the cost yourself.
11.6 This cancellation right does not apply if:
- You have already had a sample taken at a clinic, laboratory or at home as arranged by us if and of the below apply.
- You have already sent your sample to the laboratory for analysis;
- The 30-day cancellation period has expired.
11.7 Your legal right to cancel a Contract starts from the date you receive the Acceptance Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Your 30-day deadline for cancelling the Contract in relation to any testing kit that has been despatched starts from when you receive the confirmation email that the testing kit has been despatched.
11.8 To cancel a Contract, please send us an email stating that you wish to cancel and the reason for the cancellation. Please email your cancellation request to [email protected] Alternatively, you may call our team to arrange the cancellation. Your reason for cancellation will not affect your right to cancel the order.
11.9 If you send us your cancellation request by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you send your email before midnight on the last day of the cancellation period.
11.10 If you cancel your Contract within the cancellation period and you are entitled to a refund we will refund you the price you paid for the Product(s) within 30 days of receiving the returned goods PROVIDED THAT the goods in question are returned and received by us in the condition they were in when delivered to you. If you do not return the delivered goods you will be charged the full price. If you did not pay the costs of delivery to us, we shall be entitled to deduct the cost of the postage from the returns fee.
- Cancellation by Smart Nutrition Ltd.
12.1 If we have insufficient stock to deliver the goods you have ordered, if a product is discontinued or removed from sale.
12.2 If we do not deliver to your country / area.
12.3If one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
12.4 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or we will issue a cheque if you paid by cheque as soon as possible but in any event within 30 days of your order. We will not be obliged to offer additional compensation for disappointment suffered.
13.1 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
13.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
13.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer either under applicable local law or other statutory law, or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
14.1Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing or sent by e-mail to our contact address [email protected] and all notices from us to you will be displayed on our website from time to time.
- Third Party Rights.
15.1Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act
- Governing Law.
16.1Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
- Entire Agreement.
17.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Smart Nutrition Ltd how so ever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
17.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
18.1 Any vouchers must be used up within one year of purchase/payment.
- Community Standards and Conduct in Forums.
19.1 You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, e-mailed, or otherwise transmitted to you on the smartsibotest.com website whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person from which such Postings originated. This means that you are entirely responsible for all Postings that you post, e-mail or otherwise transmit to Smart Sibo Test. We do not control all of the Postings posted, e-mailed or otherwise transmitted on the smartsibotest.com site and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. You understand that by using the smartsibotest.com site you may be exposed to Postings that are offensive or objectionable. Under no circumstances will Smart Nutrition Ltd be liable in any way for any Postings (other than Content developed by Smart Nutrition Ltd), including, but not limited to, any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, e-mailed or otherwise transmitted to or through the smartsibotest.com site.
19.2 You agree not to use the smartsibotest.com site (including any Forums) to: Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion).
Harm minors in any way.
Impersonate any person or entity, including, but not limited to, a Smart Nutrition Ltd director, officer, employee, shareholder, agent or representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the smartsibotest.com site.
Upload, post, e-mail or otherwise transmit any Postings or other materials that you do not have a right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, e-mail or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose.
Upload, post, e-mail or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of the smartsibotest.com site) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum.
Interfere with or disrupt the smartsibotest.com site or servers or networks connected to the smartsibotest.com. or disobey any requirements, procedures, policies or regulations of networks connected to the smartsibotest.com site.
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.
“Stalk” or otherwise harass another user of the smartsibotest.com site.
Collect or store personal data about other users of the smartsibotest.com sites.
19.3 Your privilege to use the smartsibotest.com site (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above.
19.4 We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention.
19.5 Further, smartsibotest.com in its sole discretion, may terminate your use of, or participation in, any community, chat room or other Forum for any reason.
19.6 All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the smartsibotest.com site (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum.
19.7 Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
20.1 These Terms and Conditions of Use apply only to the smartsibotest.com site, and not to the websites of any other company or organization. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that smartsibotest.com is not responsible for the availability of such external sites or resources, and does not endorse (and is not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, goods, or other resources available on any other website. You should direct any concerns with respect to any other website to that website’s administrator or Webmaster.
- Third Party Services.
You may order services, merchandise or other goods through the smartsibotest.com site from third parties (collectively, the “Sellers”). All matters concerning the services, merchandise and other goods desired from the Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Sellers. Smart Nutrition Ltd makes no warranties or representations whatsoever with regard to any services, merchandise and other goods provided by the Sellers. You will not consider Smart Nutrition Ltd nor will Smart Nutrition Ltd be construed as a party to such transactions, whether or not Smart Nutrition Ltd may have received some form of revenue or other remuneration in connection with such transactions, or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
- Governing Law and Other Miscellaneous.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Courts of the United Kingdom and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and smartsibotest.com relating to the subject matter herein. These Terms and Conditions of Use may be modified only by our posting of changes to these terms and conditions, or by writing signed by both parties. Each time you access the smartsibotest.com site, you will be deemed to have accepted any such changes. smartsibotest.com may assign its rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.