• 12.5 Notwithstanding any other provision within this Agreement, DMLS Ltd does not (nor does it seek to) exclude or limit in any way its liability for death or personal injury caused as a result of the negligence of DMLS Ltd or its employees, agents or authorised representatives.
13. Client Warranties
- 13.1 The Client warrants that:
- 13.1.1 it shall use the Data in accordance with the licence provision contained in clause 4.4.
• 13.1.2 it shall comply with the Data Protection Act and all other relevant laws and regulations concerning its use and storage of the Data;
• 13.1.3 it will not make or permit to be made any copies of the Data without the prior consent of DMLS Ltd, acknowledging that where DMLS Ltd has not itself generated the Data, it may only consent to the extent permitted by its own licence arrangements;
14. Force Majeure
• DMLS Ltd reserves the right to defer the date of delivery or cancel any Agreement or reduce the volume of the Data ordered by the Client (without liability to the Client ) if, due to circumstances beyond its control, it is delayed or prevented from carrying out its obligations under the Agreement. Such circumstances include (but are not limited to) acts of God, government actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a period of 56 days, the Client shall be entitled to give notice to DMLS Ltd terminating the Agreement.
15. No Waiver
• 15.1 Failure to or delay by DMLS Ltd in enforcing any of or some only of its rights under the Agreement shall not constitute a waiver of such rights.
• 15.2 Any waiver by DMLS Ltd of any breach of Agreement or default shall not constitute a waiver of any subsequent breach or default.
• If any provision of the Agreement is found to be in whole or in part void, illegal and/or unenforceable by a court, tribunal or body of competent jurisdiction, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or un-reasonableness be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect and if required shall be interpreted to include the original intention of the parties when entering into the Agreement.
17. Data Protection and Processing of Information
• 16.1 The Client acknowledges and agrees that company information (and in the case of sole traders personal information) may be submitted to a credit reference agency to ascertain its creditworthiness.
• 16.2 Where the Services involve the supply of a website by DMLS Ltd from which the Client accesses the Data, DMLS Ltd will use reasonable endeavours to ensure that the website remains uninterrupted and free from viruses.
• Any notices or other communications sent to either party under the Agreement shall be to its registered address for the time being. Notices will not be valid if sent by email.