GENERAL TERMS & CONDITIONS
1.1 These Terms and Conditions (“Terms”) along with our privacy notice and disclaimer, available at www.carmeldavid.com (the “Website”) set out the basis on which we provide access to our Website and the provision of any Services to you through our Website and/or our associated social media channels. When you access, visit or use our Website or purchase any of our Services you agree to be bound by them. If you do not intend to be bound by them then you should not visit or use our Website or purchase our Services.
1.2 If you purchase a particular product or service then you may be asked to agree to separate Terms and Conditions which are specific to that product or service. Should a dispute or conflict arise, then any separate terms that are agreed will take priority over these general terms and conditions.
2 Accessing our Website
2.1 Our Website is intended for individuals over the age of 18. If you are under 18, or you do not have the mental capacity to understand and accept these Terms, then you should not access or use our Website.
2.2 Access to our Website is provided free of charge on an ‘as available’ basis and we shall not be liable if you are unable to use or access it for any reason.
3 The Services
3.1 We provide strategic mapping services, team hiring and management, product / service launch planning & management, project & operations management, systems planning & setup and business mentoring and support (“the Services”). Further details of our Services can be found on our Website and social media channels.
4 What we expect from you when we work together
4.1 When you purchase any of our Services, you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
4.2 You agree to keep your access to the Services private, and not to share, disclose, assign, sell or licence any part.
4.3 During your access to the Services, you may choose to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development or health and wellness. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Services.
4.4 If the Service you purchase includes the provision of private one-to-one meetings/sessions or one-to-one strategic mapping sessions (“Sessions”), these will take place face to face, via online meeting facility, or by telephone, as agreed between us and you will be responsible for scheduling your Session with us.
4.5 You will be responsible for attending any Session(s) included with the Service that you purchase at the agreed time and place and when you attend you agree to be free from distractions and ready to focus.
4.6 If you need to cancel or reschedule a Session, you agree to provide at least 72 hours notice, otherwise you will forfeit the right to that Session. Any rescheduled Sessions must take place within the 14 days otherwise you’ll forfeit the right to that Session. Sessions will not be carried over.
4.7 If we are waiting for you to attend a Session for more than 15 minutes, we reserve the right to treat you as a no show and you will forfeit your right to that Session.
4.8 Where Sessions take place at a third-party venue, you agree to conduct yourself in a responsible manner at all times and accept that you shall be responsible for your conduct and your belongings.
4.9 When you access or use any of our Services or Sessions, you agree:
4.9.1 NOT to use your access for any unlawful purpose;
4.9.2 NOT to record any part, for your personal use or otherwise;
4.9.3 NOT to capture or share images of us without our express permission;
4.9.4 NOT to upload, post, transmit or otherwise make available content that
a) is by its nature defamatory, libelous, obscene, demeaning or which is likely to cause offence;
b) discloses personal and/or confidential or sensitive information about another person;
c) is threatening or causes us to feel harassed or in fear; and/or
d) is classed as spam.
4.10 In the event you are deemed by us to have acted or be acting in a way which is disruptive, or which causes offence, distress or alarm to us or any of our officers or agents, then we shall have the right to terminate your access to the Services, without refund. Such decision to be at our absolute discretion.
5 Your purchase of our Services
5.1 Your purchase of any Service is a contractual offer that we may choose to accept. Our legally binding agreement begins when we confirm acceptance by sending our Welcome Email.
5.2 If your order is not accepted, we will notify you by email and provide a full refund.
5.3 Details of our Services can be found on our Website and social media channels. The Service you purchase shall be delivered in accordance with the details displayed on the Thrive Cart checkout page at the time your purchase is made.
5.4 If your purchase includes digital content or other content available for immediate access or download, then when you place your order you acknowledge and accept that since access will be provided immediately that you will lose your right to cancel this agreement other than as set out within these terms and conditions.
6 Payment and Charges
6.1 The purchase price for your chosen Service is as set out on our Thrivecart payment page at the time of your purchase (“the Fee”).
6.2 Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law and we must receive cleared payment before you are entitled to access the Service.
6.3 If you choose to pay the Fee by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you’ve still received access to the Service, you agree to provide full payment of the Fee within 7 days from access to the Service being provided.
6.4 If we agree to accept payment of the Fee by way of instalments, then you agree to:
6.4.1 set up a direct debit or similar payment process to cover your instalment payments; and
6.4.2 provide payment of the instalments as and when they fall due in accordance with the instalment plan agreed at the time of purchase.
You accept and understand that you will remain responsible for providing the instalment payments until the Fee has been paid in full.
6.5 We reserve the right to change our Fee at any time. Any changes will not affect the price of Services where payment has already been made and a welcome email sent.
6.6 If you purchase Services on a monthly retainer basis then you will be liable to make payment every month until you cancel the Service in accordance with these Terms. You authorise us to request payment of the monthly amount from your chosen payment method on a rolling monthly basis.
7 Late Payment
7.1 Without prejudice to any other right or remedy that we may be entitled to, where payment of the Fee is beyond 7 days overdue then:
7.1.1 we will be entitled to withhold delivery of Services until payment is up to date; and
7.1.2 we will add interest to your account on a daily basis from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 5% over the Bank of Ireland’s base rate from time to time;
7.1.3 any discount or other agreed promotional price change to the Fee will cease to apply and you will be responsible for payment of the full Fee amount.
7.2 If your payment is beyond 30 days overdue, we shall be entitled to instruct a collection or legal agent to seek recovery of the outstanding amount along with our reasonable costs incurred in taking such action.
8 Refund Policy
8.1 All Services are non-refundable.
8.2 In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Service then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of €100 per hour.
9 Cancellation and Termination
9.1 You shall have the right to cancel your access to any Service by providing us with notice sent by email to firstname.lastname@example.org as follows:
9.1.1 For Services delivered as part of a retainer payment arrangement you must provide us with 30 days’ notice;
9.1.2 For all other Services, which are not retainer arrangements, you must provide us with 14 days’ notice.
In accordance with Clause 8, despite cancellation, you will not be entitled to a refund.
9.2 Upon cancellation or termination pursuant to these Terms, all Fee payments shall become immediately due and payable.
9.3 We reserve our rights to terminate our agreement and your access to any Services, with immediate effect, if you:
9.3.1 commit a material breach of your obligations under these Terms; or
9.3.2 fail to provide payment of any sum due to us as and when it becomes due; or
9.3.3 become subject to a bankruptcy or similar financial order or proceedings affecting you or your business or;
9.3.4 act or behave in a way which we reasonably consider may have a detrimental effect on our business or reputation; or
9.3.5 fail to positively engage with the Services or impair the delivery of the Services; or
9.3.6 fail to abide by any of these Terms or any other guidance we may provide whether such action constitutes a material breach or not.
9.4 Upon termination for any reason:
9.4.1 all terms which either expressly or by their nature relate to the period after the Services have been delivered or terminated shall remain in full force and effect; and
9.4.2 you will no longer be entitled to access or use any private groups, Sessions, or Content, unless we have expressly agreed in writing otherwise; and
9.4.3 you shall cease to use, either directly or indirectly any Content and/or Confidential Information belonging to us and shall immediately destroy or return to us any copies in your possession.
10 Complaints or Concerns
10.1 If you have any concerns about our Website or our Services, you agree to let us know by email to email@example.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of this clause further action includes stopping payment or making any chargeback or similar claim.
11.1 For the purposes of these Terms, Confidential Information shall mean ideas, know-how, business practices (where applicable), customer/client details, concepts and techniques, plans, trade secrets, personal information and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms and Conditions.
11.2 It is important to us to create a safe and secure space for everyone accessing our Website, any private groups and our Services and that is why we agree that when you disclose Confidential Information to us, we will not communicate or disclose it, make it available to others, or use it for our own purposes without your consent.
11.3 If we disclose Confidential Information to you, or where it is disclosed by another individual accessing our Website, within any of our private groups or otherwise during delivery of our Services, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it and that you will not share it or use it in any way other than as part of your use of the Services as intended by these Terms.
11.4 Where we provide you with access to materials, information, video, resources, data, and/or other content, or where you are able to access material such as our website design and layout, text, images, logo and graphics, code, audio, document files, software and any other resources or information as part of your use of our Website or your purchase of our Services (“Content”), you agree to only use that Content in connection with your use of our Website or the Services as intended by these Terms and not to copy, disclose, share or otherwise use it for any commercial reasons without our express consent.
12 Our Intellectual Property
12.1 For the purposes of these Terms, intellectual property shall mean any copyright, database right, design right, patent, registered design, service mark, trademark and any application for any of the above whether current or pending and whether in Ireland or any other part of the world.
12.2 We take the protection of our Intellectual Property Rights very seriously. When you purchase any Services, we will grant to you a personal, limited, non-transferable, non-exclusive, revocable license to access, view and use any Content we provide to you solely for accessing, viewing and using our Website or for the purposes as intended by the Services and these Terms. All other uses are strictly prohibited.
12.3 When you purchase our Services you agree and undertake that from the date of purchase that you WILL NOT:
12.3.1 copy, reproduce, sell, license, share or distribute any of our Content, whether during the period of provision of the Services, or at any time thereafter; or
12.3.2 record any webinars, online or in-person events, videos, Sessions or any Content; or
12.3.3 infringe any of our copyrights, patents, trademarks, trade secrets or other Intellectual Property rights or any such rights belonging to another individual accessing our Services.
12.4 All Content displayed on our Website and on or within our social media channels belongs to us and all copyright, moral ownership and any other Intellectual Property rights that arise and/or exist within that Content (and any and all derivatives of it) is owned exclusively by or licensed to us and is protected by intellectual property laws applicable to the United Kingdom. When you access or use our Website you agree not to copy, reproduce, amend, repost, share, publish, distribute, rent, sell or store any of our Content or assist others in carrying out any such activities without our express written permission.
12.5 Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or express licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
12.6 In the event of your breach of these obligations then damages, loss, or irreparable harm may arise and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you.
12.7 The provisions above shall continue in force notwithstanding termination for any reason.
13 Your Personal Data and how we use it
13.1 Personal data in these Terms means any information which is capable of capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
13.2 Any Personal Data you provide to us during your use of our Website, our social media channels or when purchasing or accessing our Services will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the EU GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Website or our Services or to comply with any necessary obligations and shall retain it only for as long as reasonably necessary and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found www.carmeldavid.com.
13.3 As part of the delivery of the Services your image may be recorded in photographs, images or screenshots by us or other individuals accessing the Services and shared on social media. By purchasing our Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at firstname.lastname@example.org.
13.4 Our obligations set out above and at Clauses 11 and 12 shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where we reasonably believe you are at risk of danger to yourself or others.
14 Acceptable Use of our Website
14.1 You may only use and access our Website and our social media channels in a way which is lawful and in accordance with these Terms and in particular:
14.1.2 you must ensure that you comply fully with any applicable local, national and international laws, guidance and regulation; and
14.1.3 you must not use our Website or other social media channels in a way which is unlawful and/ or fraudulent; and
14.1.4 you must not use our Website or any of our social media channels to transmit data that contain any form of virus, malicious software or code which is designed to cause damage or could have an adverse effect on any computer hardware or software; and
14.1.5 you must not use our Website or any of our social media channels in any way that will, or is intended to, cause upset, distress or harm to any individual in any way; and
14.1.6 you must not try to gain unauthorised access to our Website or any social media channels or any computer hardware or software connected to our Website; and
14.1.7 you must not use our Website or any of its content for any commercial purposes or benefits without first obtaining our express written permission or licence if applicable; and
14.1.8 you must not use our Website for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
14.2 You are permitted:
14.2.1 to view the Website in a web browser; and
14.2.2 to download or print any free resources which are explicitly marked suitable for download; and
14.2.3 to download the Website or parts of it for caching; and
14.2.4 to post to our Website or social media channels where such posting is permitted. In such cases, posting shall include but not be limited to, posting your original content, commenting on posts or in response to emails, commenting on social media live streams or videos. Where you choose to post any information on our Website or social media channels you are representing that you are at least 18 years of age. We shall not be responsible for reviewing or confirming the accuracy of any Content posted by you;
14.3 In the event of any breach of this clause, we reserve our right to immediately terminate your use and access to our Website along with the immediate termination of any Services which you may have purchased from us, without refund. You will also be required to destroy any copies of Content which you hold. We also reserve the right to take action in respect of your breach to the full extent of the law.
14.4 Where we offer a free resource on our Website or through our social media channels, whether this is offered as a free gift or in exchange for your personal information, by viewing or downloading that free resource you accept and understand that it is only to be used for your own personal benefit and should not be copied, altered, distributed or otherwise shared.
14.5 Where you choose to post as set out above, you agree that you will not post any content or information which could cause damage, harm, upset or distress to another user of our Website or social media channel or that may cause damage to our business or reputation. In the event it is determined that you have posted any content or information in breach of this sub-clause then we reserve the right to remove such content immediately, to terminate your access to our Website and/or our social media channels and to take such action as is necessary to the full extent of the law;
14.6 Where you choose to post any content or information as set out above you are also providing us with a full and unlimited, non-exclusive and unrestrictive world-wide licence to use, copy, publish, distribute and sell the content you post in whole or in part. By posting you are agreeing to waive your intellectual property rights in relation to the content you post. We are under no obligation to identify you or otherwise credit you as the author of any content which you post and which we may choose to use.
14.7 We reserve the right to suspend or terminate your access to our Website or our social media channels where we determine that you are in material breach of this Clause or any other conditions contained within these Terms and Conditions. We further reserve the right to disclose your identity to any relevant third party and to take legal proceedings against you for reimbursement of any costs we incur as a result of your breach.
14.8 You may link to our Website provided the following conditions are met:
14.8.1 You have obtained our written permission; and
14.8.2 the link is undertaken in a fair manner; and
14.8.3 the link is owned by you; and
14.8.4 the link is not unlawful and does not damage our reputation or seek to take advantage of it; and
14.8.5 the link does not suggest or imply any form of association, partnership, approval or endorsement on our part where none exists; and
14.8.6 you do not use any images, logos, trademarks, branding details or other content displayed on our Website without our express written permission.
14.9 We reserve the right to withdraw our permission to allow links to our Website at any time and for any reason. In the event that we exercise our discretion to withdraw such permission then, upon request, you agree to immediately remove any links to our Website.
15 Reviews and Testimonials
15.1 If you share testimonials, reviews, comments, information, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, that Client Content in any way as we reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.
15.2 When sharing Client Content you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
15.3 These provisions shall survive termination.
16 Non-solicitation and non-competition
16.1 For the duration of your access to the Services and for a period of 12 months afterwards you agree NOT to:
16.1.1 canvass, promote or advertise your products or services to any of our employees, contractors, any individual who has purchased our Services (“Client”) or who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Services to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld;
16.1.2 employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Services, without our express consent in writing, such consent not to be unreasonably withheld.
17.1 Your use of our Website and/or any purchase of our Services and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.
17.2 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
17.2.1 any indirect, consequential or special damages, losses or costs; or
17.2.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses; or
17.2.3 any failure to deliver the Services where we are prevented due to a reason beyond our reasonable control; or
17.2.4 any losses arising from your choice of Service requested or your use of the Services once delivered; or
17.2.5 any losses or damages arising from your use of our Website or the use or reliance upon any Content or other information found on our Website.
17.3 We do not warrant or guarantee that your access to the Services will be:
17.3.1 accessible via your particular hardware or software; or
17.3.2 free from interruptions or errors; or
17.3.3 free from defects; or
17.3.4 suitable for your particular personal situation or circumstances.
17.4 Should you incur damages due to our default or breach, our entire liability is limited to the amount of the relevant Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Services.
17.5 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
17.6 Our Website and any systems and processes used to deliver the Services are provided on an ‘as-is’ and ‘as available’ basis. We shall not be liable for any lack of accessibility to the Services caused by changes, amendments or routine or unexpected maintenance.
17.7 We shall exercise reasonable care and skill to ensure that our Website is free from viruses and any other malicious software. We accept no liability for any loss or damage resulting from a virus or other malicious software or any other event occurring that causes damage to your hardware, software, or any of your data which arises as a result of your use or access to our Website.
17.9 We shall not be liable where we have informed you of a problem with the Services and provided a free update and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.
17.10 You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
17.10.1 any of these Terms; or
17.10.2 your use or participation in any way in any way with the Services.
17.11 During the term of your access to the Services, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.
17.12 In the event a dispute arises in connection with the provision of the Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.
18 No Guarantee
18.1 When purchasing the Services you will have access to Content designed to benefit you but it is your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.
18.2 We have made every effort to accurately represent the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Services provided.
18.3 All information provided on our Website is provided for general information purposes only. Nothing on our Website constitutes advice and should not be taken or interpreted as such. It is your responsibility to ensure and check that any Content, goods or Services available on or through our Website satisfy your specific expectations or requirements.
18.4 We make no warranty, guarantee or representation that the Website or any Content is:
18.4.1 accurate, up to date or free from any errors or inaccuracies; or
18.4.2 accessible and/or compatible with your hardware and software; or
18.4.3 not capable of infringing any third-party rights; or
18.4.4 suitable to meet your required expectations or needs.
18.5 Where we use testimonials or feedback from our customers and/or clients on our Website this content is not to be taken as a guarantee that any current or future customers or clients will receive the same benefits or results. Testimonials are included on the Website purely as an example of the experiences other individuals have encountered in connection with our products or services.
19 Contact between us
19.1 Carmel David (“We”, “Us”, “Our”), is registered under company number 346217 . Our registered office is 2 Roosky Lock, Roosky, Leitrim, N41 TD71.
19.2 All communication between us will be via telephone or email as agreed.
19.3 We will communicate with you using the details you provide to us so please ensure you notify us if they change.
19.4 If you need to provide us with any notice, or you wish to contact us please email us at email@example.com.
20 Updates or changes to our Services or Terms and Conditions
20.1 We reserve to make changes to these Terms at any time and we will display a notice of any changes on our Website. It shall be your responsibility to check for any update. Your first use of our Website after the date of any alterations or amendments will constitute acceptance of such changes therefore, we recommend you review these Terms regularly to keep informed of any changes.
20.2 We reserve the right to make changes to our Services, in whole or part, as we reasonably require without notice to you. If we make changes, we’ll ensure the Service still matches the original description or we will offer a reasonable alternative, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to the Services.
21.1 No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.
21.2 Where any part of these Terms is deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
21.3 We will make every effort to deliver the Services in accordance with these Terms but we will not be liable for any delay or failure caused by an act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then time for delivery of the Services shall be extended until a reasonable time after the Event and under no circumstances will we be liable for any loss or damage suffered by you as a result.
21.4 If an Event arises, we will email you to confirm the nature and extent of the Event and any steps we are taking to mitigate its impact and effect.
21.5 If the Event continues for longer than 3 months then either one of us shall be entitled to terminate by providing 14 days’ notice. Termination in these circumstances shall be without prejudice to the rights of either party in respect of any breach of these Terms occurring prior to termination. Any refunds will be considered at our discretion.
21.6 This Agreement shall be governed by the Laws of Ireland and the exclusive jurisdiction of the Courts of Ireland and the laws from time to time in force.
21.7 You agree that no other representations have been made by us to induce you into purchasing any of our Services and no modification or variation to these Terms shall be effective unless agreed in writing.
21.8 Save as provided for in clause 17.11 the Contracts (Rights of Third Parties) Act 1999 shall not apply.