Creatick Apartments Terms & Conditions

THE HEADLINES
– We take payment for your booking 30 days prior to arrival.

– Your card details are held securely by our payment provider.
– Your damage deposit of £250 is pre-authorised one day before your arrival.

PLEASE READ OUR FULL TERMS & CONDITIONS BELOW:

FOR GUESTS
1 General
1.1 In this Agreement any reference to the masculine includes the feminine.
1.2 In this Agreement, “you” and “your” means all persons named on the Booking Request and/or the Invoice (including anyone who is added or substituted at a later date). The Owner of the Property or the person responsible for the property as named Booking Request and/or the Invoice is hereinafter called the “Owner”. The Agent of the property is: Creatick Apartments, hereinafter called the “Agent”.
1.3 This Agreement is made on the basis that the Property is to be occupied by the Guest for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Guest acknowledges that this Agreement shall not confer on the Guest any security of tenure within the terms of that Act.
1.4 Where the Guest comprises two or more persons, obligations, expressed or implied are deemed to be made by such persons jointly and severally.
1.5 This Agreement and all matters arising out of it are governed by United Kingdom law. We both agree that any dispute arising out of or connected with your holiday will be dealt with by the Courts of United Kingdom.
1.6 A binding contract between us comes into existence when the full payment and deposit are paid. If you cancel your booking, please refer to your booking policy. The damage deposit will be returned in full. You must provide identification verification by sending a copy of your passport or driving licence to info@creatickapartments.co.uk prior to arrival.

2 The Property
The Property address is as per the Booking Request and/or the Invoice and includes the fixtures and fittings and the effects, together with any outside space.

3 The Damage Deposit
3.1 The Guest must pay a refundable Damage Deposit of £250.00 to the Agent at least one day before arrival via pre-authorisation as security towards the Guest’s liability for telephone charges (if applicable), damage, breakage, missing items, unauthorised late check out, additional cleaning, nuisance and any other sums that may be due from the Guest to the Owner under this Agreement.
3.2 The Damage Deposit covers deduction of such sums that may be due to the Owner from the Guest as a result of any breach of the Guest’s obligations. In the case of expired accounts, Creatick Apartments will contact you by email or telephone to ask you to provide new bank/card details.
3.3 If there is a claim for damages or losses caused by you or your actions, or if any service charges incurred by you exceed that of the security deposit amount, you will be responsible for paying us any additional monies required immediately on request from us. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.

4 Booking and Payment Procedure
The Guest shall pay the Rent (together with any VAT for which the Owner is accountable, if any) to the Agent as specified in the Invoice in two parts, namely (i) accommodation fees payable as cleared funds in the bank (ii) Damage Deposit.
4.1 The total cost of your stay must be received by us at least 30 days in advance of guest arrival date. If you have not paid in full and on time, we reserve the right to treat your booking as cancelled by you.
4.2 We reserve the right to increase or decrease the prices of accommodation at any time. The price of your stay will be confirmed at the time of booking, subject to the correction of errors. We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Please note, changes and errors occasionally occur. You must check the price of your stay at the time of booking.

4.3 Bookings for stays of more than 6 weeks are invoiced in 6-week blocks (42 nights). The first 6 weeks are due for payment at the time of booking. The next invoice (for the next 6 weeks) is due for payment no later than 28 days after check-in. Subsequent payments must be made every 28 days and all payments are not transferrable.

4.4 Guests must be over 21 years old to make a booking with Creatick Apartments.

5 Changes and cancellation by you
5.1 Should you wish to make any changes to your confirmed booking, you must notify us by email as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee may be payable together with any costs incurred by ourselves. Any changes, including extending your stay must be strictly handled via the Agent.
5.2 Should you need to cancel your stay after the contract has begun (see clause 1.6 above), the party leader must immediately advise us in writing via email. Your notice of cancellation will only be effective when we receive it in writing. If you cancel your booking, please refer to your booking policy. The damage deposit will be returned in full. Depending on the reason for cancellation, you may be able to reclaim some, or all the monies paid. Evidence for extenuating circumstances will be required and be assessed.

5.3 No refunds will be made for non-arrivals.

6 Changes and cancellation by us
Occasionally, we have to make changes to and correct errors on our descriptions and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
If we have to make a significant change to or cancel your booking, we will tell you as soon as possible. We will endeavour to offer you an alternative should a significant change or cancellation occur. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. Very rarely, we may be forced by “force majeure” (see Clause 7) to change or terminate your stay after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

7 Force Majeure
We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In this Agreement, “force majeure” means any event which we could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

8 Interest
Where the rent or any other sum due from the Guest under this Agreement is in arrears, whether legally demanded or not, the Owner shall be entitled to charge interest at the rate of 4% above the prevailing base rate of the Bank of England on the outstanding sum from the date when the same became due until the date of payment.

9 Insurance
9.1 At all times throughout the Term the Owner shall effect suitable building insurance cover for the Property and shall insure the Owner’s fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.
9.2 The Guest must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance effected by the Owner for the Property and the Owner’s fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
9.3 It is strongly recommended that you take out adequate travel insurance. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs.

10 Quiet Possession
The Owner agrees not to interrupt or interfere with the Guest’s right to quiet possession and enjoyment of the Property.

11 Underletting
11.1 The Guest must not assign, underlet or part with or share possession of the Property or any part of it.
11.2 Only those persons whose name appears on the Booking Request and/or the Invoice plus guests in their party to the maximum number of persons as detailed on the listing may use the property. If more persons have been using the property than specified on the Booking Request and/or the Invoice, the Guest will be liable to a fine of £150 and may face eviction.
11.3 The number of persons (adults and children) must not exceed the number of sleeping places detailed on the listing.

12 Use of Property
The Guest shall use the Property for the purpose of a private holiday residence and not for any other purpose whatsoever and the Guest must not use the Property or any part of it for any improper, immoral or illegal purposes.

13 Advertisements
The Guest must not display notices or advertisements in the windows, on the balcony or elsewhere on the Property.

14 Behaviour
The Guest shall not (nor allow others to) cause nuisance or annoyance to the Owner, other Guests or any neighbours. You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct to us at the time. If you fail to do so, you will be responsible for meeting any legal costs we incur in full in recovering full payment from you.
 
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to the property, or in any way damage the reputation and/or goodwill of the Owner, we are entitled, without prior notice, to terminate the occupation of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation. We will have no further responsibility toward such person(s). No refunds will be made (including Damage Deposit) and we will not pay any expenses or costs incurred as a result of the termination.

15 Damage
15.1 The Guest shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property or adjoining property.

15.2 We reserve the right to charge a minimum fee for additional specialist cleaning to an apartment and/or its contents (in addition to the general cleaning charges), where it is left in an exceptionally bad condition. For example, it includes, but is not limited to,

 

  • Carpet cleaning to remove a stain
  • Misuse
  • Evidence of smoking (washing down walls, curtains, linen etc.)
  • Drugs (narcotics)
  • Scratches / Marks on walls, damage to furniture and contents (including bedding and linen)
  • Excess dirty cutlery/crockery/glassware that has been left
  • Excess rubbish that has not been disposed of (including but not limited to; bags, food waste, bottles etc.)
  • Damaging/Forcing communal hallways, flooring, doors, lifts etc.

15.3 The final fee will be dependent on the extent of the cleaning or repair required.

16 Alterations to Property
The Guest shall not (nor allow others to) make any alterations or additions to the Property or its decorations, fixtures or fittings and the Guest shall not (nor allow others to) remove any of the items specified in the Inventory or any of the Owner’s possessions, from the Property.

17 Maintenance
17.1 The Guest shall keep any fixtures, fittings and effects of the Owner in good repair and condition. Any damaged fixtures, fittings and effects will need to be replaced with similar articles of at least equal value (either from the Damage Deposit or alternative payment method), reasonable wear and tear and damage by accidental fire excepted.
17.2 The Guest must not move any items of furniture from room to room in the Property and must replace in its original position any furniture that is moved within rooms.
17.3 The Guest must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns or pipes.

18 Pets
The Guest may be allowed to have one pet at the property during the dates of their stay with prior agreement by the Agent and must not leave any trace or damage to the property as a result of the pet staying at the property. Otherwise there will be a deduction from the damage deposit.

19 Reporting Disrepair
The Guest must report to the Owner any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances.

20 Rights of Access
The Guest must allow the Owner, his agent or contractors access to the Property at reasonable hours during the day, to inspect the condition of the Property or to carry out repairs or other works to the Property that may be necessary during the Term pursuant to the Owner’s repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Guest’s breach of any covenant contained in this Agreement regarding repair, maintenance or decoration. The Owner shall normally give at least 24 hours’ notice but the Guest shall give immediate access in an emergency.

21 Suspension of Rent
If the Property or any part of it is damaged or destroyed by fire or any of the risks insured against by the Owner so that the Property is not habitable, the Rent shall be suspended or a partial abatement allowed to the nature and extent of the damage and destruction until the Property has been reinstated and is fully habitable again. If the rent for the period of suspension has been paid in advance the Owner will repay it or a fair proportion of it to the Guest.

22 End of the Term
The Guest must deliver up the Property at the end of the Term in the same clean state and condition it was in at the beginning of the Term, reasonable wear and tear and damage by insured risks excepted.

23 Re-entry
23.1 If at any time during the Term:
(i) the Rent or any part of it is unpaid for more than 2 days after it is due, whether formally demanded or not, or
(ii) there is a breach of any other of the Guest’s obligations under this Agreement, or
(iii) the Property is left unoccupied for more than 7 days continuously otherwise than by prior agreement with the Owner,
then the Owner may recover possession of the Property and this Agreement shall end but without prejudice to any of the Owner’s other rights and remedies in respect of any outstanding obligations on the part of the Guest.
23.2 The Guest is not allowed under any circumstances to re-enter the property after 10:00 on date of departure unless specifically agreed with the Owner.

24 Safety Regulations
24.1 The Owner shall ensure that all gas appliances, flues and installation pipe work in the Property are checked by a British Gas or CORGI registered technician on an annual basis and that a record is kept stating the defects found (if any) and the remedial action taken.
24.2 The Owner confirms that all electrical appliances and equipment supplied by him are safe so as not to cause danger.

25 Notices
Any notice to be served under this Agreement may be sent by email to info@creatickapartments.co.uk.

26 Our Liability to you
26.1 We promise to provide your accommodation with reasonable skill and care. We do not accept responsibility if any death, personal injury, failure or deficiency of your accommodation arrangements is not caused by any fault of ours. When we talk about “fault” above, this means failure by ourselves to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
(i) the fault of the person(s) affected or any member(s) of their party or
(ii) the fault of a third party not connected with the provision of your accommodation by us which we could not have predicted or avoided or
(iii) an event or circumstance which could not have predicted or avoided even after taking all reasonable care (see Clause 7)
In addition, we will not be responsible where you do not enjoy your stay or suffer any problems because of a reason you did not tell us about when you booked your stay or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or any losses, expenses, costs or other sum you have suffered in relation to any other business.
Please note, we cannot accept responsibility for any services that do not form part of our contract. This includes, for example, any additional services or facilities any other supplier agrees to provide for you.

26.2 The promises we make to you about the accommodation we have agreed to provide or arrange as part of our contract—and the laws and regulations of the country in which your claim or complaint occurred—will be used as the basis for deciding whether the accommodation in question had been properly provided. If the particular accommodation which gave rise to the claim or complaint complied with local laws and regulations applicable to those accommodation at the time, the accommodation will be treated as having been properly provided. This will be the case even if the accommodation did not comply with the laws and regulations of the UK which would have applied had that accommodation been provided in the UK.

26.3 *We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your stay.

*Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £35 per person affected as you are assumed to have taken out adequate insurance at the time of booking.

27 Complaints and problems
27.1 In the unlikely event that you have any reason to complain or experience any problems with your stay whilst away, you must inform us as soon as possible. Any verbal notification must be put in writing and given to us within 24 hours of the complaint arising. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly—you are obliged to give us enough time to address the complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
27.2 Should there be no written complaint supplied as above specified and you leave the accommodation prematurely and without an explicit authorisation by us, you forfeit your rights for a refund of the rental price, unless the terms of this contract have been breached. Complaints received at the end of the stay will not be taken into consideration and no refunds will be given.
27.3 Please note that the property is not an official tourist structure, such as an hotel, residences, etc. but a private dwelling. Being such, there is no standard or categories that are internationally recognised, indeed it reflects the architecture and furnishings, the local traditions and the personal taste of the owner. This is precisely the kind of holiday that we offer: the chance to partake in the culture of the area chosen, living for a few nights in the same surroundings as an inhabitant would. We cannot however exclude the possibility that these differences can sometimes result in minor inconveniences—due to the special nature of its architecture and of traditions in the area—but which cannot be accepted as complaints.

28 Special requests and medical problems
If you have any special request, you must advise us at the time of booking and clearly note it in the extra information section of the booking form. Although we will endeavour to meet any reasonable requests, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability that may affect your stay, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.

29 Passports, visas and health requirements
It is your responsibility to ensure that you are in possession of all necessary travel and health documents (including Passports and Visas (where applicable) before departure. You must pay all costs incurred in obtaining such documentation. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.

By proceeding with the booking, the Guest agrees to take the Property for the amount and term in accordance with the conditions stated within this document.

FOR USE OF WEBSITE

Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Creatick Apartments. The collective work includes works that are licensed to Creatick Apartments. Copyright 2018, Creatick Apartments ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Creatick Apartments or purchasing Creatick Apartments products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Creatick Apartments to purchase  Creatick Apartments products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Creatick Apartments. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Creatick Apartments used in the site are trademarks or registered trademarks of Creatick Apartments.
Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Creatick Apartments, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Creatick Apartments does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Creatick Apartments does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
The Owner’s attention is particularly drawn to this clause
1.1 Nothing in these Conditions shall limit or exclude the Agent’s liability for:
1.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
1.1.2 fraud or fraudulent misrepresentation;
1.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
1.1.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
1.1.5 defective products under the Consumer Protection Act 1987.
1.2 Subject to clause 1.1:
1.2.1 The Agent shall under no circumstances whatever be liable to the Owner, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
1.2.2 the Agent’s total liability to the Owner in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £25,000.
1.2.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and
1.2.4 This clause 21 shall survive termination of the Contract.

Typographical Errors
In the event that a Creatick Apartments product is mistakenly listed at an incorrect price, Creatick Apartments reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Creatick Apartments reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Creatick Apartments shall issue a credit to your credit card account in the amount of the incorrect price.

Term Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Creatick Apartments without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Creatick Apartments may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Creatick Apartments

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Creatick Apartments products) shall be in the state or federal courts located in Mercer County, New Jersey. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Creatick Apartments products) must be commenced within one (1) year after the claim or cause of action arises. Creatick Apartments failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Creatick Apartments may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Creatick Apartments or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Creatick Apartments does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Creatick Apartments is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Creatick Apartments reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Creatick Apartments in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Creatick Apartments, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Creatick Apartments may link to sites operated by third parties. However, even if the third party is affiliated with Creatick Apartments, Creatick Apartments has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Creatick Apartments. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Creatick Apartments. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Protecting Children
We are careful to protect the safety and privacy of children. Our web sites are general audience sites. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the Internet.

The failure of Creatick Apartments to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or the Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever.