Terms & Conditions
1. ABOUT SPEEDPORTER P.C.
1.1 The Service and the Website is owned and managed by SpeedPorter P.C..
1.2 SpeedPorter can be contacted by email to email@example.com or via the ‘Contact us’ section of the Website.
1.3 By using the Service, you warrant that:
1.3.1 you are legally capable of entering into binding contracts;
1.3.2 you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms; and
1.3.3 you are at least 18 years old. If you are under the age of 18, you must ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person’s use of the Service is at all times in accordance with these Terms.
2. ACCESS AND USE OF THE SERVICE
2.1 We hereby grant to you a non-exclusive, non-transferable (without a right to sub-licence) licence to access and use the Service for the duration of your Contract.
2.2 We shall use reasonable endeavours to make the Service available to you at all times, but we cannot guarantee an uninterrupted or fault free service.
2.3 Our ability to provide the Service may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your device and the number of other users logging onto the Service, server and/or Network at the same time. We shall take reasonable action to minimise the disruption caused by such circumstances but you acknowledge, agree and accept that some such interruptions may not be avoidable.
2.4 The Network is not controlled by us and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Service being temporarily unavailable. We will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
2.5 We use industry standard security measures to protect against the loss, misuse and alteration of the information, data, and/or content handled by our Service. However, you acknowledge and agree that we cannot guarantee complete security of such information, data, and/or content or that our security measures will prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorised viewing of such information, data, and/or content.
2.6 We reserve the right to make changes to the Service or part thereof, from time to time at our sole discretion, and we may from time to time update, add, remove, modify and/or vary any features or functionalities of the Service.
2.7 You shall, at all times:
2.7.1 comply with all applicable laws, regulations, directives and legislations in your use of the Service; and
2.7.2 comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the Service.
2.8 You are responsible for ensuring that all Content is not deemed to be offensive, illegal, inappropriate or that in any way:
2.8.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2.8.2 harasses or advocates harassment of another person;
2.8.3 displays pornographic or sexually explicit material;
2.8.4 promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
2.8.5 promotes any illegal activities;
2.8.6 provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
2.8.7 promotes or contain information that you know or believe to be inaccurate, false or misleading;
2.8.8 engages in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
2.8.9 contains any virus or other thing or device which may prevent, impair or otherwise adversely affect the operation of the Service; or
2.8.10 infringes any Intellectual Property Rights or any other proprietary rights of any third party.
2.9 You shall not use the Service and/or any knowledge, information, know-how and/or expertise derived from using the Service:
2.9.1 to commit any criminal act, promote any illegal activities or provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
2.9.2 to do anything likely to cause harm or distress to any persons;
2.9.3 to infringe any intellectual property rights or other rights of any third parties;
2.9.4 in a way that may reasonably be deemed to be offensive, illegal, inappropriate or in any way promote racism, bigotry, hatred or physical harm of any kind against any group or individual or to harass or advocate harassment of another person;
2.9.5 to display pornographic or sexually explicit material; and
2.9.6 to engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent.
2.10 You shall notify us in writing immediately if you become aware of any breach of these Terms and/or inappropriate behaviour in connection with the Service.
2.11 In the event that we, in Our sole discretion, consider that you are making any illegal and/or unauthorised use of the Service, and/or your use of the Service is in breach of these Terms, we reserve the right to take any action that we deem necessary, including terminating without notice your use of the Service and, in the case of illegal use, instigating legal proceedings.
3. ORDERING SHIPMENTS
3.1 To make a Booking you must:
3.2.1 To select a Delivery Address for the Item(s) and you are responsible for ensuring the accuracy and completeness of the Delivery Address to reach the intended recipient;
3.2.2 We reserve the right to refuse any Booking that fails to comply with any of the requirements in clauses 5.2.1 – 5.2.3.
3.3 You may not request a Booking for, and you shall ensure that any Item we collect for Shipment is not or does not otherwise contain:
3.3.1 cash and currency;
3.3.2 live animals and insects (edible seafood, such as live lobsters, crabs or other types of fish and shellfish for human consumption, is acceptable, provided you are in compliance with all applicable laws);
3.3.3 animal carcasses (although this restriction does not apply to properly packaged meat or poultry products intended for human consumption);
3.3.4 human corpses, human body parts, human embryos, or cremated or disinterred human remains;
3.3.5 anything that requires us to obtain a license for their transportation;
3.3.6 anything that may cause damage or delay to equipment, personnel or other shipments;
3.3.7 lottery tickets and gambling devices where prohibited by law;
3.3.8 hazardous waste (including but not limited to used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste;
3.3.9 anything wet, leaking or otherwise emitting an odour of any kind;
3.3.10 items or commodities (including drugs) that are prohibited to either be possessed or shipped by applicable law;
3.3.11 waste or garbage for disposal;
3.3.13 alcohol or alcoholic beverages; or
3.3.14 any other items prohibited by law or otherwise detailed by our partners, DHL or any of our other carrier partners, and you hereby indemnify SpeedPorter against any liabilities, losses, damages, claims, costs and expenses (including reasonable legal expenses) suffered or incurred by SpeedPorter arising out of or in connection with any breach by you of this clause 5.3.
3.4 You warrant and represent to us that any Item is of a value of one thousand euros (€1,000) or less. The placing of a Booking for any Item with a value that exceeds the foregoing amount is prohibited.
3.5 You acknowledge that we may not be able to accept Bookings for certain Item(s) listed on our Website but which are not considered “Prohibited Items”. These may include but are not limited to heavy or oversized items, items requiring temperature controlled shipping and artworks. We are unable to provide any form of “white glove service”.
3.6 Each Booking will include a maximum number of Items per Booking. We reserve the right to reject Bookings which exceed our maximum number of Items per Booking, as notified to you from time to time.
3.7 If you have enabled location services on your Device, the Service will detect your location. Subject to our Service being available in your area, you may select the location as your Pick-Up Location. When you make a Booking that is accepted by us, you will be provided with information regarding the Angel, including the Angel’s identity, photo and vehicle licence number (depending on the type of vehicle collecting your Item(s)). The Service also allows you to view the Angel’s progress towards the Pick-Up Location.
3.8 After you have selected the ‘Pick-Up Now’ button, we will send you a notification (either through the Service, by e-mail or SMS) to confirm we have received your Booking request (“Booking Confirmation”). Please note that this does not mean that we have accepted your Booking at this point and we shall have no obligation to accept your Booking.
3.9 If we are able to accept your Booking, we will then confirm our acceptance by way of an additional notification (which may through the App, by e-mail or SMS) which will confirm that one of our Angels is on their way to collect your Item(s) from your selected Pick-Up Location (“Booking Acceptance”).
3.10 The accepted Booking will only relate to those Item(s) which we have confirmed in the Booking Acceptance. We will not be obliged to collect any other Item(s) apart from those outlined in the Booking Acceptance.
3.11 Following Booking Acceptance, any changes to your Booking is subject to our approval, which may be withheld for any reason.
3.12 We will use reasonable endeavours to ensure your Item(s) are collected from their Pick-Up Location within the estimated pick up time notified to you (if any).
3.13 Any delivery dates to the Delivery Address set out in the Booking Acceptance are estimates only, and are subject to your selected service level. You acknowledge that we cannot guarantee completion of your Booking by such estimated delivery date because of conditions or circumstances that are beyond our control. If we are unable to meet the estimated delivery date for delivery at the Delivery Address, we will contact you as soon as reasonably practicable with a revised estimated delivery date.
3.14 Your Booking will be completed when the Item(s) are delivered to the Delivery Address. The Item (s) will remain our responsibility from collection of the Item(s) at the Pick-Up Location to delivery of the Item(s) to the Delivery Address only.
3.15 Inspection of your Shipment. We reserve the right, but have no obligation, to open and inspect your Item or Shipment at any time and may permit and/or contact government authorities to carry out such inspections and seize Shipments as they may consider appropriate. We may also photograph the Items in your Shipment for our internal use in order to provide the Service.
3.16 Reasons for rejecting a Booking. We reserve the right to reject, suspend, or cancel any Booking for (or which we reasonably suspect is for) the Shipment of any Prohibited Items, or any materials that may damage other shipments or that may constitute a risk to our equipment or employees or to those of our Carriers and service providers or any Item with a value of over €1,000 (one thousand euros). We may or may not notify you of any of the foregoing and we are not responsible for and shall not be liable for any loss or damage you may suffer relating to any non-delivery of any Prohibited Items or other Items that are prohibited by these Terms or by law. Such items may be handed over to authorities, discarded, or returned to you (in each case at our sole discretion).
3.17 We will not take responsibility for Shipments that have not been packaged by SpeedPorter. You may request that SpeedPorter and its agents or third party business partners not open, remove packaging, or otherwise inspect your Items. By doing so, you waive any right to reimbursement for damage to your Shipment. You acknowledge and agree that we (and our agents or third party business partners) may take such actions (e.g. opening and inspecting Items) with respect to your Shipment, even if you request otherwise, if we determine in our sole discretion that such action is necessary to assess compliance with these Terms or is otherwise required by applicable law or regulation. You acknowledge and agree that you, and not SpeedPorter, are solely responsible for your compliance with these Terms. SpeedPorter is not liable for damage to your Shipment or any harm to a person which results from your non-compliance with these Terms.
3.18 You must pay and/or reimburse SpeedPorter for any reasonable costs and expenses (including storage) incurred by SpeedPorter, including any losses, taxes and customs duties SpeedPorter may incur and all claims made against SpeedPorter, arising out of or in connection with a Shipment not meeting the warranties, conditions and representations in clauses 3.3, 3.4 and 3.5 above. When a Shipment requires customs clearance, it is your responsibility to provide, or to ensure that the recipient of the Shipment will provide, SpeedPorter with complete and accurate documentation for the purpose. SpeedPorter shall not be required under any circumstances to obtaining customs clearance on your behalf and you are liable for payment of all custom duties relating to your Shipment.
4. PRICES, PAYMENT AND DELIVERY
4.1 The costs of any Shipment comprise:
4.1.1 our pickup and packaging costs in respect of your Item(s), the amount being as set out on our Website from time to time (“Collection Fee”); and
4.1.2 shipping rates, which are determined by the dimensions, weight, Delivery Address location and delivery speed (“Shipping Fee”),
which together shall form the total price for your Booking (“Price”).
4.2 You may request a Shipping Fee estimate from us in relation to the cost of your proposed Booking once you have entered the Delivery Address of the Item(s), by selecting the ‘Get a Shipping Estimate’ button. Here you will be able to enter the dimensions and weight of the Item(s), and receive an estimate of the Shipping Fee. You acknowledge and agree that any estimate is only an approximate of the Shipping Fee and is dependent on you providing us with accurate dimensions and weight (including notifying us in the event the Item is “fragile”). You acknowledge that the final Shipping Fee may vary in the event you have provided us with inaccurate approximations and/or descriptions of your Item.
4.3 Booking cancelation. Subject to clause 4.4, you have the right to change your mind and cancel a Booking. To cancel the Booking, you must give us notice within two (2) hours after completing the transaction, using the contact details specified on the Website.
4.4 Exceptions to changing your mind. Once we have completed the Booking (i.e. which means the allocated Carrier’s shipping label has been printed for your Booking), you cannot change your mind. If you change your mind and cancel a Booking after you have received Booking Acceptance, you must pay a fee, as described in clause 4.6.
4.5 By clicking the “Pick Up Now” button, you hereby acknowledge and agree that such a request constitutes an express request for the immediate commencement of the performance of the Shipment by us.
4.6 If you cancel a Booking:
4.6.1 before Booking Acceptance, you will receive a full refund of any Collection Fee you paid for that Booking;
4.6.2 after Booking Acceptance but before the allocated Carrier’s shipping label has been printed for your Booking, you will receive a refund of the Collection Fee less a cancellation fee of €5 (five euros), or such other amount as we may vary from time to time;
4.6.3 after the allocated Carrier’s shipping label has been printed for your Booking, you will not be entitled to receive a refund.
4.7 Allocated Slots. If you are a business user and you have met the required criteria specified by SpeedPorter, from time to time SpeedPorter may allocate you a specific time slot window each day for the collection of Items (“Allocated Slot”). Your Booking must be received by SpeedPorter no less than 2 hours prior to the start of your Allocated Slot for collection of Items during your Allocated Slot. The cancellation provisions at clause 4.6 shall also apply to Bookings made pursuant to Allocated Slots and in addition, SpeedPorter may refuse any further Bookings requested by you on that day your notice of cancellation is received.
4.8 We will use all reasonable endeavours to process any refund (and any return of your Item) due to you within fourteen (14) calendar days of the day on which you gave us notice of cancellation.
4.9 The Price shall be inclusive of VAT.
4.10 You may pay the Price by debit/credit card, or such other payment method offered by the Service from time to time. Where we permit payment via invoice, invoices are payable within fourteen (14) days of the invoice date.
4.11 For your information, we use third party payment handlers to process your payment and you agree that you have given us permission to do so by complying with the terms herein.
4.12 In the event we are unable to deliver the Item(s) at the Delivery Address for reasons not attributable to us (e.g. refused or recipient moved address), the Item(s) will be returned to our warehouse. We will attempt to contact you to notify you of the returned Item(s), but in the event we are unable to reach you within forty-five (45) days of our initial notice to you, your Item(s) may be removed from our warehouse and/or destroyed. We shall not be responsible for any failure to contact you resulting from any incorrect contact details provided by you to us.
5 INTELLECTUAL PROPERTY
5.1 Other than in relation to any links to third party websites, we own or have a licence to use all right, title and interest in and to the Service, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey any title to or ownership of the Service or the content contained therein to you.
5.2 Subject to these Terms, You hereby grant to us a non-exclusive, perpetual, irrevocable, non-terminable, transferable, sub-licensable and royalty-free licence to copy, display, modify, distribute, sub-licence, host, retain for archiving purposes and publish Your Content.
6 THIRD PARTY WEBSITES
6.1 We may link to third party websites, including without limitation shipment partners and payment companies. We do not endorse or recommend such websites and you must satisfy yourself that any goods or services referred to thereon are suitable for your requirements. These are not provided as an endorsement by us of the contents on such third party websites. As we have no control over such external sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse, and are not responsible or liable for any content, advertising, products, services or other materials on or available from such external sites or resources.
6.2 You acknowledge and agree that we 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 your use of or reliance on any such content, goods or services available on or through any such external sites or resources. If you decide to access linked third party websites, you do so at your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
7.1 Any content, information or material comprising part of the Service does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
7.2 SpeedPorter is not a Carrier and does not perform the shipping element of the Service. The shipping element of the Service is handled entirely by the Carrier we select to handle your Shipment.
7.3 We do not guarantee, warrant or make any representation that the functions contained in the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected.
Our liability if you are a consumer (as defined under the Consumer Rights Act 2015)
8.1 We are responsible to you for foreseeable loss and damage caused by us. We are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
8.2 We are not responsible for any loss or damage that is not foreseeable.
8.3 Our maximum aggregate liability to you for each Shipment. In relation to each Shipment ordered through the Service, if you suffer loss or damage that is a foreseeable result of our breaching these Terms, our failing to use reasonable care and skill or otherwise, the maximum amount you may claim from us is €500 (five hundred euros).
8.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
8.4.1 death or personal injury caused by our negligence;
8.4.2 fraud or fraudulent misrepresentation;
Our liability if you are a business user
8.5 We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
8.5.1 consequential, indirect or special losses;
8.5.2 loss of profits, income or revenue;
8.5.3 loss of savings or anticipated savings, interest or production;
8.5.4 loss of business or business benefits;
8.5.5 loss of contracts;
8.5.6 loss of opportunity or expectations;
8.5.7 loss of goodwill and/or reputation;
8.5.8 loss of marketing and/or public relations time and/or opportunities;
8.5.9 loss of data; or
8.5.10 loss of management or office time.
8.6 Nothing in these Terms limits or excludes our liability for:
8.6.1 death or personal injury caused by our negligence;
8.6.2 fraud or fraudulent misrepresentation
8.7 Our maximum aggregate liability to you under, arising from or in connection with each Shipment, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed €500 (five hundred euros).
General liability (applicable to businesses and consumers)
8.8 Refund of the Collection Fee. In relation to each Shipment ordered through the Service, if your Shipment is lost or damaged as a result of our breaching these Terms, our failing to use reasonable care and skill or otherwise, we will refund to you the Collection Fee paid by you for the lost or damaged Shipment.
8.9 We are not responsible for any loss or damage to a Shipment:
8.9.1 as a result of handling or inspection by customs;
8.9.2 that is pre-packaged by you and either (a) you have specifically requested SpeedPorter or its representatives not to open, repackage, or otherwise handle except as necessary to deliver the Shipment to a selected Carrier, or (b) SpeedPorter reasonably believes that you intend for the Shipment to be delivered to the selected Carrier “as is,” without additional packaging or repackaging; or
8.9.3 that is lost or damaged as a result of an Event Outside Our Control (see clause 10 for the meaning of an Event Outside Our Control).
8.10 If a Shipment is lost or damaged, you may file a claim with us. You may only file one claim per Shipment. You cannot file a claim with us if you have already filed a claim directly with the Carrier.
8.11 We will investigate lost or damaged Shipments. Initial claims for loss of a Shipment must be submitted within 30 days of the date the Shipment was shipped. In relation to lost Shipments which you report to us, we will conduct an initial investigation to locate it, including by contacting any Carrier or the recipient as necessary. If we cannot locate a lost Shipment within 10 business days or your Shipment is damaged, we will send or electronically provide a form to officially open the claim (“Loss Claim Form”).
8.12 What we require to conduct investigations of lost or damaged Shipments. Supporting documents must be provided to SpeedPorter within 30 days of receipt of a Loss Claim Form. The original receipt of the shipping label and an image or photograph of the damaged or non-delivered Item may be required when filing a Loss Claim Form. In order for us to consider a claim for damage, the contents, original shipping cartons and original packing must be available to us for inspection and retained until the claim is resolved. Written documentation (such as a receipt, invoice or quote for repair services) showing the actual purchase cost of the Items or the reasonable cost to repair or replace such a lost or damaged item supporting the amount of a claim will also be required. All supporting documentation must be submitted within 30 days of claim initiation and maintained by the sender until the claim is resolved. If a lost Item which is the subject of a claim is recovered during the claim process, the current claim shall expire, and within 30 days of such expiration, you may submit a subsequent claim for damage, if applicable, as set forth above.
8.13 The results of our investigation. If we are able to recover a lost Shipment, we will return the Item to you.
8.14 Commentary and other materials posted on the Website (including any Content) or provided by us are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of the Service, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by us (including through the Website) shall remain solely with you.
9.2 We do not vet, verify the accuracy, correctness and completeness, edit or modify any your data to determine its accuracy, completeness or whether it may result in any liability to any third party. You hereby warrant that you have the rights to provide and use all your data in the manner set out in these Terms. You hereby indemnify us for any breach by you of this clause.
9.3 We take measures to ensure that your data is kept secure and is kept for the duration of your use of the Service, subject to any restrictions or time limitations as we may communicate to you in accordance with these Terms. Unfortunately, the transmission of information via the internet and its subsequent storage is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data when transmitted by you to us, or stored using the Service; any such transmission or storage is at your own risk. Once we have received your data, we will use our own strict procedures and security features to try to prevent unauthorised access but we cannot guarantee that breaches of security or corruption of your data will not occur.
9.4 We strongly recommend you do not rely on the Service as your sole backup of your data.
10 EVENTS OUTSIDE OUR REASONABLE CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
10.2 What we mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
10.3.1 we will contact you as soon as reasonably possible to notify you; and
10.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
11.1 You may print and keep a copy of these Terms, which form the entire agreement and understanding between you and us and supersede any other agreements, communications or advertising (whether oral or in writing) made with respect to the subject matter hereof.
11.2 SpeedPorter may alter or amend these Terms by giving reasonable notice on the App and/or Website. By continuing to use the Service, the App and/or the Website after expiry of the notice period (or such other indication of your acceptance of the Terms), you will be deemed to have accepted any amendment to these Terms.
11.3 In case you are a business user and proceed with proposing the use of our Services to end users by sending to your guest the personalized link to our website through our app (“Guest Solicitation”), you undertake to abstain from using the services of a direct or indirect competitor or any affiliate thereof for one (1) year starting from the date you last proceeded to a Guest Solicitation. For the avoidance of doubt, a “competitor” for purposes of the present terms of conditions is any entity, natural or legal person that provides one-stop shop integrated pick-up, courier and delivery services to hotels or other amenities regarding missing and/or lost items of end-users during their stay in the aforementioned hotels or amenities using relevant software, including by entering into partnerships with specialized courier companies.
11.4 By using our services, you hereby automatically, without reservations and irrevocably provide to our company and any indicated employee or external associate thereof, whom shall be appointed at the discretion of our company, the right and full authority to pick-up your item from all and any state or other authority, including police stations, on your behalf. You acknowledge that in case your missing item went missing in a public space or facility, such as an airport or port, it will be provisionally kept by the competent state authority and, thus, the provision of an express power of attorney to our company to that effect is essential for the fulfillment of the services.
11.5 These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the courts of England.
11.6 Each of the clauses under these Terms operate separately. If any clause of these Terms is declared void, illegal or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable clause by a clause that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
11.7 Any failure by either us or you to enforce at any time any term or condition under these Terms will not be considered a waiver of our or your right thereafter to enforce each and every term and condition of these Terms.
11.8 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.