Send & Destroy (hereinafter referred to as “Send an Destroy” or “www.sendanddestroy.co.uk” or “website” or “Site” or “We” or “Us” or “Our”), with its office located at St Martins, Chequers Lane, Eversley, Hampshire, RG27 0NH provides households and businesses (hereinafter referred to as “you” or “your” or “User” or “Customer”) across UK with a low cost service to securely destroy data bearing items such as hard drives, memory sticks, CDs, external drives and data tapes (collectively, the “Services”). Send and Destroy is a licensed facility regulated by the UK Environment Agency. The services offered by Send and Destroy are accessible at www.sendanddestroy.co.uk.

The users of the website are collectively referred to as “you” or “your” or “party”. The users and Send and Destroy, together shall be referred to as “parties”.

By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.

Please read carefully these Terms and our Privacy Policy, which may be found at ______________________________________ (link to privacy policy), and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms of Use” link that appears at the bottom of the Website.

This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes.

In using the website, you are deemed to have read and agreed to the following terms and conditions set forth herein. Any incidental documents and links mentioned shall be considered to be accepted jointly with these terms. You agree to use the website only in strict interpretation and acceptance of these terms and any actions or commitments made without regard to these terms shall be at your own risk. These terms and conditions form part of the agreement between the user and us. By accessing this website, and/or undertaking to perform a service by us indicates your understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein.

1. USER ACKNOWLEDGEMENT:
You acknowledge and agree to the following:

A) The website’s services are licensed, not sold to you, and you may use the Service only as set forth in the Terms;
B) The Service is provided “as is” without warranties of any kind and our website’s liability to you is limited.

2. SERVICES:

2.1 Send & Destroy provide households and businesses across the UK with a low cost service to securely destroy data bearing items such as hard drives, memory sticks, CDs, external drives and data tapes (Collectively referred to as “Items”). We are licensed facility regulated by the UK Environment Agency.
2.2 In order to avail the services offered by our website, the customers are required to create an account on our website and then select a Destruction Package (via our online store) depending on the type and quantity of data bearing items they would like to destroy. The customers can select any add-ons to the service after creating their account on our website and be required to list the type of item along with it’s unique serial number of the items being sent to Send and Destroy. They will then make payments to Send & Destroy for the service selected.
2.3 Once the customer has made the payments to Send and Destroy, an order will be raised after which we will send them some information called a Destruction Pack via email which will detail all the information the customers will be required to know in order to send us their items via an external courier.
2.4 When the customers have shipped their items to us and the items have been received at our facility, our staff will process the items by; checking the items, matching the details against the information submitted by the customer and then sent the destruction team for processing.
2.5 Once the items have been destroyed, Send & Destroy will send the customer a Certificate of Data Destruction.

3. CUSTOMER’S OBLIGATIONS:

3.1 It is the obligation of the customer to properly go through the terms and conditions laid down in the present agreement and only if they are ready to adhere with these terms and conditions should they proceed with availing the services of Send & Destroy.
3.2 Once the customer has accepted the terms and conditions and has proceeded with the services of Send & Destroy, the customer needs to choose the relevant Destruction Package available.
3.3 It is the obligation of the customer to make payments to Send & Destroy for the services they wish to avail on time.
3.4 It will be the obligation of the customer to make sure that the payment is successfully made and Send & Destroy will not be responsible for any unsuccessful payment.
3.5 Once the payment is successfully made and the information called ‘Destruction Pack’ is sent by Send & Destroy via mail, it is the obligation on the part of the customer to adhere to all the information given in the mail and follow each and every detail given there.
3.6 The customer shall make sure, before shipping their items, that the items sent match they are shipping is same as the items details of which they have provided to Send & Destroy.
3.7 The shipping of the items is to be made by the customer and the customer shall make sure that their item successfully reaches to Send & Destroy. Send & Destroy shall not bear any responsibility for the loss of any such material by the shipping company.

4. SEND & DESTROY’S OBLIGATIONS:

4.1 The obligation on the part of Send & Destroy is that they shall provide the customer, once the customer has successfully made the payment for the services which he wants to avail, with the ‘Destruction Pack’ that will detail the information that a customer needs to know to send their items via external courier.
4.2 When the item sent by the customer is received by us, the staff of Send & Destroy shall check as to whether the details given by the customer matches with the item they have send. Once the verification has been made, the item shall be sent on to be destroyed.

5. RESPONSIBILITY OF DATA BEARING MEDIA:

5.1 Send and Destroy shall not bear any responsibility for the loss of data from such items before it reaches us. If any of such item is lost before it reaches us, we shall not be held responsible.
5.2 All accepted material are considered confidential and shall be in the care and custody of Send & Destroy once it reaches us. Send & Destroy will in no way know the contents of the items sent by the customer nor can it certify the origin of the material, the dates of the information provided or its actual contents without customer documentation.

6. PURCHASE OF SERVICE AND PRICING:

6.1 The customer can purchase our services by going onto our website and selecting a Destruction Package (via our online shop) depending on the type and quantity of data bearing items they would like destroyed. Create an account, select any add-ons to the service, list the type of item, its unique serial number and make payment to Send & Destroy.
6.2 Free or discounted offers:
(a) Free or discounted introductory offers are only available where expressly stated.
(b) Except where otherwise stated, discounts and credits are available only once to any one person.
(c) Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

7. REGISTRATION AND ELIGIBILITY:

7.1 In order to use certain parts of the Service, you must register and obtain a valid Send and Destroy ID (become a Registered User). To register, you must provide Send and Destroy with certain personal information (“Registration Data”) such as your first name, last name, company name, contact number, email address, street, city, country etc. You will choose a password and account designation for your Site during the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
7.2 You agree to (a) immediately notify Send and Destroy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Send and Destroy shall not be liable for any loss or damage arising from your failure to comply with this Section.
7.3 In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Send and Destroy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Send and Destroy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
7.4 Users under 18 years of age are required to have a parent or guardian review and complete the registration process. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend the services at any time for any reason without liability.

8. LICENSE AND SITE ACCESS:

Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Send and Destroy. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Send and Destroy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site and our affiliates without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Send and Destroy name or derivative names or marks, without the express written consent of Send and Destroy. Any unauthorized Site use terminates the permission or license granted by Send and Destroy. You, as a customer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to Send and Destroy, so long as the link does not portray Send and Destroy, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Send and Destroy logo or other proprietary graphic or trademark as part of the link without our express written permission.

9. RESTRICTIONS ON USE OF MATERIALS:

9.1 This Site is owned and operated by Send and Destroy. All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by Send and Destroy. No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of Send and Destroy copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Send and Destroy.
9.2 In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement. Send and Destroy reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Send and Destroy retains full and complete title to the Software, and all intellectual property rights therein to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable form, without the exclusive written permission of Send and Destroy, as evidenced by the signature authority of a duly authorized corporate officer.

10. LIABILITY:

10.1 Send and Destroy accepts no liability whatsoever for any loss or damage that occurs during transport by any third party transportation company, whether approved or not, for any reason whatsoever including negligence, breach of duty, wilful act or default of the Third Party transportation company.
10.2 Send and Destroy will not be liable for failure to perform its obligations under this agreement, whether wholly or in part, if the failure is caused by, whether wholly or in part, circumstances outside of the control of Send and Destroy including, but not limited to the lack of or failure of third party transportation companies, fire, terrorism, casualty or accident, labor strike, lack of or failure of telecommunication devices, epidemic, civil commotion, acts of God or by reason of war.

11. WARRANTIES:

11.1 The Customer warrants that it is the owner of or has the permission of the owner of any items that are the subject of an order placed by the Customer for destruction by Send and Destroy.
11.2 The Customer warrants that it will take all reasonable precautions to protect confidential or personal data contained on items supplied to Send and Destroy including, if practicable, encryption of the confidential or personal data to ensure the safety of the data, whether the items are owned by the Customer or a third party.
11.3 Send and Destroy warrants that it will take all reasonable measures to maintain the security and confidentiality of any items that are in its possession that have been provided by the customer.

12. INTELLECTUAL PROPERTY RIGHTS:

12.1 The material available on the Website including the software, design, images, texts and graphics comprised in the Website and the selection and layout of the Website are owned or under the license by us and are protected by the Laws of United Kingdom and the International Laws.
12.2 The use of the Website by the customer does not give them a license or act as a right to use any of the trademarks or logos displayed on the Website, whether registered or unregistered, unless a written permission is obtained from the trademark for such use.
12.3 The customer shall not:
(a) Make use of the material available on the Website for commercial purpose;
(b) In any way change or modify the material on the Website;
(c) Frame or embed any of the material on the Website in another website.
12.4 In short, the customer shall not copy, modify, republish, reproduce, frame or upload to a third party, post transmit or distribute the content of the Website in any way except as is expressly provided for by us or unless it is expressly authorised by us in writing.

13. CONTENT AND CONDUCT RULES AND OBLIGATIONS:

13.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, not Send and Destroy, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Send and Destroy does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or availability of such Content.
13.2 You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Send and Destroy be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Send and Destroy and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Send and Destroy and its designees shall have the right to remove any Content that violates the terms and conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, availability or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, or submitted to Send and Destroy.
13.3 You acknowledge and agree that Send and Destroy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

a) comply with legal process;
b) enforce the terms and conditions;
c) respond to claims that any Content violates the rights of third-parties; or
d) protect the rights, property, or personal safety of Send and Destroy, its users and the public.

13.4 You understand that the technical processing and transmission of the Service, including your Content, may involve:

a) transmissions over various networks; and
b) changes to conform and adapt to technical requirements of connecting networks or devices.
c) Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Send and Destroy’s sole discretion as to what action should be taken.

13.5 You agree that you will not engage in any of the following behaviors on the Service and, should you do so, Send and Destroy reserves the right, but not the obligation, to delete the Content considered in violation of the Terms of Service without prior notice to you, to delete your Registration Data, and to remove your Service access entirely and irrevocably. You agree that you will not engage in any of the following behaviors:

a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, an official Send and Destroy forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) download any file that you know or reasonably should know cannot be legally obtained in such manner;
g) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
h) upload, post, or transmit unsolicited commercial email or “spam” (including, but not limited to, unethical marketing, advertising, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; or any other practice that is in any way connected with “spam,” such as sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical);
i) upload, post or otherwise transmit any material that contains 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;
j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k) restrict or inhibit any other user from using and enjoying any public area within our sites;
l) take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
m) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
n) “stalk” or otherwise harass another;
o) collect or store personal data about other users of the Service;
p) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals or humans;
q) post Content to the Service that, in Send and Destroy’s sole discretion, is “off-topic” or otherwise unrelated to the purpose of the Service.

14. RESALE OF SERVICE:

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission of Send and Destroy.

15. GENERAL PRACTICES REGARDING USE AND STORAGE:

You acknowledge that Send and Destroy may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.

16. CONFIDENTIALITY:

We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (“Confidential Information”). Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or legal process.

17. CANCELLATION AND TERMINATION:

17.1 You may cancel your registration with or without cause at any time and effective immediately by sending an electronic mail message to support@sendanddestroy.co.uk. After cancellation, you will no longer have access to your Site and all information contained therein may be deleted by Send and Destroy. Send and Destroy shall not accept any liability for such deleted information or content.
17.2 You agree that Send and Destroy has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

a) Restrict, suspend, or terminate your access to all or any part of our Service;
b) Change, suspend, or discontinue all or any part of our Service;
c) Refuse, move, or remove any material that you submit to our sites for any reason;
d) Refuse, move, or remove any content that is available on our sites;
e) Deactivate or delete your accounts and all related information and files in your account(s);
f) Establish general practices and limits concerning use of our sites.
g) You agree that Send and Destroy will not be liable to you or any third party for taking any of these actions.

17.3 Any contracts, verbal or written or assumed, in conjunction with your deleted Site (as applicable) and all its parts, at Send and Destroy’s discretion, will be terminated as well. Send and Destroy may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this terms and conditions may be effected without prior notice, and acknowledge and agree that Send and Destroy may immediately deactivate or delete your Site, as applicable, and all related information and files. Send and Destroy reserves the right to bar any further access to such files or the Service. You agree that Send and Destroy shall not be liable to you or any third-party for any termination of your access to the Service.

18. PRIVACY POLICY:

Registration Data and certain other information about you are subject to Send and Destroy’s privacy policy, the terms of which are located on Send and Destroy’s websites and are incorporated into this terms and conditions by reference.

19. DISCLAIMER OF WARRANTIES:

You expressly understand and agree that:

a. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Send and Destroy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and on-infringement.
b. Send and destroy will make reasonable efforts to maintain the service: however, send and Destroy is not responsible for any damage, loss of data, customer information or vendor data, revenue or other harm to business arising out of delays, mis delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service or failure to properly protect your log in information, or other interaction with the service. You are responsible for maintaining and backing-up your data and information that may reside on the service. Send and Destroy does not warrant that (I) the service will meet your specific requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advise or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in the terms and conditions.
e. Equipment sent in will be destroyed within 24 hours and if you have sent in the incorrect equipment we are not liable for any damages or loss of income you result as a consequence of that.
f. Any “moral rights” in posted material have been waived.

20. LIMITATION OF LIABILITY:

21.1 you expressly understand and agree that Send and Destroy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, good will, use, reported earnings, data or other intangible losses (even if Send and Destroy has been advised of the possibility of such damages), resulting from: (I) the use of the inability to use the service; (II) 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 service: (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the service.
21.2 You will not hold Send and Destroy and/or Service and Information Providers liable in any way for:

a) any inaccuracy of, error or delay in, or omission of the Content; or
b) any loss or damage arising from or occasioned by:
i) any error or delay in the transmission of such Content,
ii) interruption in any such Content due to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or
iii) any other cause beyond the reasonable control of Send and Destroy and/or Service and Information Providers, or
iv) non-performance.

21. EXCLUSIONS AND LIMITATIONS:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you. In such Countries, Send and Destroy’s liability shall be limited to the greatest extent permitted by law.

22. INDEMNITY:

22.1 You agree to indemnify and hold Send and Destroy and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders, the Service and Information Providers or other partners, employees and shareholders harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to – whether you are a registered user or not – your access and/or use of, or interaction with, the Content, your use of the Service, your connection to the Service, your violation of the terms and conditions, the infringement or violation by you of any intellectual property or other rights of any person or entity, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
22.2 The User is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

23. GOVERNING LAW:

The terms and conditions and the relationship between you and Send and Destroy shall be governed by the laws of United Kingdom without regard to its conflict of law provisions. You and agree to submit to the personal and exclusive jurisdiction of the courts located within Hampshire, United Kingdom.

24. LINKS:

25.1 The Service and/or the Service and Information Providers may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Send and Destroy does not have any control over such sites and resources, you acknowledge and agree that Send and Destroy 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 sites or resources. You further acknowledge and agree that Send and Destroy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of or reliance on, any such Content, goods or services available on or through any such site or resource.

25. USER AUTHENTICATION:

Because User authentication on the Internet is difficult, Send and Destroy cannot and does not confirm that each User is who they claim to be. Because Send and Destroy does not and cannot be involved in User-to-User dealings or control the behavior of participants on Send and Destroy, in the event that you have a dispute with one or more Users, you release Send and Destroy from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

26. ASSIGNMENT:

We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement to anyone else.

27. CHANGES TO THE TERMS:

We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.

28. DISPUTE RESOLUTION AND ARBITRATION:

In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms.

29. WAIVER AND SEVERABILITY:

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary to comply with applicable law, and the remaining provisions of these Terms will remain in full force and effect.

30. CONSENT TO ELECTRONIC COMMUNICATIONS:

By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation that such communications be in writing.

31. ENTIRE AGREEMENT:

These Terms, including the Privacy Policy, are the entire and exclusive agreement between you and us regarding the website (excluding any services for which you have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between you and us regarding the website.

32. COMPLAINTS AND QUERIES:

If you are not happy with any aspect of our service, or if you have any queries or comments, please email us at support@sendanddestroy.co.uk.