Try Tag Rugby Terms and Conditions
Try Tag Rugby Limited – Terms and Conditions
1.1 Definitions. In these Terms, the following definitions apply:
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Commencement Date: means the date on which the Contract starts in accordance with clause 4.1.
Contract: the contract between Try Tag Rugby (“TTR”) and You for the supply of Services in accordance with these Terms.
These terms also apply to Try Tag Rugby Yorkshire ltd, with company number 09447107 which is not registered for VAT.
Facilities: Any premises and equipment utilised (whether free or paid for) by TTR and employees and volunteers acting on behalf of TTR.
Order: the registration by the You for the supply of Services, as set out in the league section of our website and registration form provided to You.
Services: the services supplied by TTR to You as set out in writing on TTR’s website, which include Try Tag Rugby leagues and competitions, and associated equipment such as tags, tag rugby shorts, rugby balls and cones.
Terms: these terms and conditions as amended from time to time in accordance with clause 6.1.
Try Tag Rugby or TTR: a company registered in England and Wales with company number 06995846 whose registered office is 8 Ayres Court, 74 New Church Rd, SE5 7FA, London, being the supplier of the Services and includes any employees and volunteers undertaking activity on behalf of TTR and “our”, “us” and “we” shall be construed accordingly. Our registered VAT number is 119603619.
You: the person or firm who purchases the Services from TTR and your heirs, administrators, executors, and assigns. You may be a team organiser, purchasing the Services of behalf of a team, or part-team (i.e., not a full team), or an individual player purchasing the Services on behalf of themselves to be placed in a team. You may also be a member of a team on whose behalf a team organiser purchased the Services. “Your” shall be construed accordingly.
1.2 Construction. In these Terms, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) A reference to a party includes its personal representatives, heirs, executors, administrators, successors or permitted assigns;
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) A reference to writing or written includes faxes and emails.
2. THESE TERMS
2.1 What these terms cover. These are the terms and conditions on which we supply the Services to You.
2.2 Why You should read them. Please read these terms carefully before You submit your registration to us. These terms tell You who we are, how we will provide services to You, how You and we may change or end the contract, what to do if there is a problem and other important information.
3. HOW TO CONTACT US
3.1 How to contact us. You can contact us by telephoning 0203 137 2722 or by writing to us by email at email@example.com or by post to Try Tag Rugby Limited, 2B08 South Bank Technopark, 90 London Road, London, SE1 6LN.
3.2 How we may contact You. If we have to contact You we will do so by telephone or by writing to You at the email address or postal address You provided to us when You registered with us.
4. OUR CONTRACT WITH YOU
4.1 How we will accept your order. Our acceptance of your order will take place when we write to You to accept it or when You receive a confirmatory registration message, at which point a contract will come into existence between You and us, subject to a 14 day period in which You have the right to cancel any order You make.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform You of this and will not charge You for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.
5. YOUR RIGHTS TO MAKE CHANGES
If You wish to make a change to the Services please contact us. We will let You know if the change is possible. If it is possible we will let You know about any changes to the price of the Services, their timing or anything else which would be necessary as a result of your requested change and ask You to confirm whether You wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Services. We may change the Services:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to address a security threat, industrial strike, condition of the pitches and facilities we use, or to accommodate the number of teams registered for our leagues. These changes may have an effect upon your use of the Services such as the number of matches played in a season or the match times or location where they are played;
(c) if there a reduction to the number of matches each team plays in any given season than originally advertised to accommodate increased team numbers, in such event we will issue a pro rata refund to reflect the reduction in matches; or
(d) if there is an odd number of teams in the league or a team forfeits a match, we may organise a friendly fixture for your team. A friendly fixture is part of your team’s match allocation for that season.
6.2 More significant changes to the Services and these Terms. In addition, as we informed You in the description of the Services, we may make the following changes to these Terms or the Services, but if we do so we will notify You and You may then contact us to end the Contract and receive a full or partial refund before the changes take effect:
(a) In the event we change the venue, playing surface, or number of players per team format prior to the league/competition commencing You are entitled to a full refund;
(b) In the event we are forced to move to a different venue than originally advertised; and/or onto a different playing surface; and/or change the playing format (e.g. 6 a side, as opposed to 7 a side) mid-way through the season we will refund You a pro rata sum for the Services not provided to You.
6.3 Each time you use our services you agree to adhere to our rules and match regulations. We reserve the right to change the rules and regulations of the Try Tag Rugby game at any point, including mid-way through a league or season. Accordingly, each time you use our services, you accept these terms and conditions as they apply at that date.
7. PROVIDING THE SERVICES
7.1 When we will provide the Services. We will supply the Services to You from the Commencement Date until we have completed the Services. The estimated completion date for the Services is as outlined on our website or until either You end the Contract as described in clause 9 or we end the contract by written notice to You as described in clause 10.
7.2 We are not responsible for delays outside our control. If our performance of the Services is affected by an event outside our control then we will contact You as soon as possible to let You know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
7.3 What will happen if You do not provide required information to us. As we informed You in the description of the Services, we will need certain information from You so that we can provide the Services to You, for example and without limitation, the names, email addresses, and date of births of members of your team. We will contact You to ask for this information. This information is required so that registered players are covered by our Personal Accident Insurance. If You do not, within a reasonable time of us asking for it, provide us with this information, or You provide us with incomplete or incorrect information, we may either end the contract (see clause 10.1) or make an additional charge of a reasonable sum to compensate us for any extra administration that is required as a result. We will not be responsible for providing the Services late or not providing any part of them if this is caused by You not giving us the information we need within a reasonable time of us asking for it.
7.4 Reasons we may suspend the Services. We may have to suspend the Services to:
(a) deal with technical problems or make minor technical changes;
(b) update the Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Services notified by us to You (see clause 6).
7.5 Your rights if we suspend the Services. We will contact You in advance to tell You we will be suspending the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than three weeks in any period we will adjust the price so that You do not pay for Services while they are suspended. You may contact us to end the Contract if we suspend the Services, or tell You we are going to suspend them, in each case for a period of more than three weeks and we will refund any sums You have paid in advance for Services not provided to You. The right to cancel the contract under this clause does not arise, nor does the refund become payable in the event your services are suspended pursuant to matters outlined at clause 7.7.
7.6 We may also suspend the Services if You do not pay. If You do not pay us for the Services when You are supposed to (see clause 12.4) and You still do not make payment within 7 days of us reminding You that payment is due, we may suspend supply of the Services until You have paid us the outstanding amounts. We will contact You to tell You we are suspending supply of the Services. We will not suspend the Services where You dispute the unpaid invoice (see clause 12.8). We will not charge You for the Services during the period for which they are suspended. As well as suspending the Services we can also charge You interest on your overdue payments (see clause 12.7).
7.7 We may suspend services if You break the Contract. We may suspend the Contract at any time by writing to You if:
(a) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, details of the players to be registered in your squad;
(b) You abuse or insult TTR Staff, referees, or volunteers, whether in person or in writing, such as on social media channels and/or in correspondence;
(c) engage in on-field disciplinary issues; which can be reviewed at the playing venue or at a later date by our staff. Such matters include, but are not limited to, persistent sending off or sin bins; sending off for a severe breach of the rules or our safety policy; dangerous, unsporting or criminal conduct;
(d) You act against the interests of TTR, for example by recruiting, or attempting to recruit, for rival organisations or businesses at our leagues and venues; or
(e) a team forfeits two matches in one season after 4pm on match day or are a complete no show.
7.8 Suspension of Services is a ban on You playing any matches at our venues or competitions until we agree to reinstate services to You. We reserve the right to suspend partial services to You, such as ringing privileges, in the event of circumstances set out at clause 7.7.
7.9 Team organisers are responsible for payment. If for some reason a team has not paid for a season in full, the team organiser is responsible for any shortfall. Teams can be registered by logging in at www.trytagrugby.com.
7.10 Beneficial extras do not form part of our Services. As a registered TTR player, whether as an individual player or part of team, you receive additional benefits such as the ability to be a “ringer” for other teams and on some occasions free food and drink offers from pubs and after-match venues whom we have partnered. These extras do not form part of the Services we provide and we are not liable if extras are not provided.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.
8.2 An event outside our control means any act or event beyond our reasonable control, including without limitation, a team You are scheduled to play failing to play or arrive for that match without prior notice, 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, snow, drought, severe weather earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks; or failure in the inadequacy of the facilities in which matches are to be played (such as water logging, frozen pitch, floodlight failure).
8.3 If an event outside our control takes place that affects the performance of our obligations under these Terms:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside our control. Where the event outside our control affects our performance of Services to You, we will restart the Services as soon as reasonably possible after the event outside our control is over; and
(c) in the event we cannot restart the Services provided to You, i.e., if to do so would extend the Services beyond the season’s end date, which runs for a fixed period, the Services will be reduced. We will adjust the price so that You do not pay for Services which You have not received, provided the suspension of Services lasts for longer than three weeks in any period.
8.4 If a competition round is cancelled due to events outside our control, no refunds will be given. At our discretion, we may decide to award pro rata credits for a cancelled round. In the event of such credits being awarded the following conditions will apply:
a. Credits will only be made to the TTR system to make payments to future league registrations; no cash credits will be given.
b. Credits will only be given to teams; no credits will be given to individuals.
c. Credits can only be used to pay for entry into the subsequent season of competition. Credits will expire at the end of the deadline for registering for the following season. This is usually one week before the start date of the following season. Note: Where a team receiving a credit has already fully paid for the next season of competition the credit will be carried over to the following season.
d. Credits cannot be used to pay for any one day festivals or other TTR events. If the team is currently playing at a venue that is not operating during the following season, the credit must be used at one of TTR’s other venues.
e. Credits cannot be used to contribute towards a deposit for a league.
f. Credits are not transferable to other teams.
g. At least 60% of the squad members comprising the team, which is given the credit, must continue to play in the competition the credit is used to pay for.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end the contract before the Services have been supplied and paid for. You may contact us at any time to end the Contract, but in some circumstances we may charge You certain sums for doing so, as described below.
9.2 The £100 deposit for registering for a league is non-refundable after 14 days has elapsed from the date of registration.
9.3 What happens if You have good reason for ending the Contract. If You are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund You in full, for any Services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told You about an upcoming change to the Services or these Terms which You do not agree to (see clause 6.2);
(b) we have told You about an error in the price or description of the Services You have ordered and You do not wish to proceed;
(c) there is a risk the Services may be significantly delayed because of events outside our control;
(d) we suspend the Services for technical reasons, or notify You are going to suspend them for technical reasons, in each case for a period of more than three weeks; or
(e) You have a legal right to end the contract because of something we have done wrong.
9.4 What happens if You end the Contract without a good reason. Unless You have a right to end the Contract immediately (see clause 9.3), the Contract will not end until 30 days after the day on which You contact us. We will refund any advance payment You have made for Services which will not be provided to You. For example, if You tell us You want to end the Contract on 4 February the services will stop on 3 March. We will only charge You for Services up to 3 March and will refund any sums You have paid in advance for Services after 3 March.
9.5 For Tournament deposit and fees, and all social events, no refund will be given for cancellation within 14 days of the event commencing. A 50% refund of the event fee will be paid if You cancel Your Contract with Us 14-30 days before the event commences. A full refund will be paid if you notify Us of Your cancellation 30 days prior to the event commencing. Any additional benefits associated with the event registration will be revoked at the time of cancellation
9.6 Any tournament or social event fees that remain outstanding, following a late cancellation by You, remain due and owing. You will not be able to participate in Our Services until such debts are paid. For example if you sign up for an event without payment and inform us within 14 days that You are cancelling, the full event fee remains due.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the Contract if You break it. We may end the Contract at any time by writing to You if:
(a) You do not make any payment to us when it is due and You still do not make payment within 7 days of us reminding You that payment is due;
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, details of players to be registered in your squad;
(c) You abuse or insult TTR Staff, referees or volunteers, whether in person and/or in writing, such as on social media channels and in correspondence;
(d) engage in on-field disciplinary issues which can be reviewed at the playing venue or at a later date by our staff; such matters include, but are not limited to, persistent sending off or sin bins; sending off for a severe breach of the rules or our safety policy; dangerous, unsporting or behaviour that would ordinarily be considered to be criminal conduct;
(e) You act against the interests of TTR, for example by recruiting, or attempting to, for rival organisations or businesses at our leagues and venues; or
(f) a team forfeits two matches in one season "After 4pm on match day or are a complete no show."
10.2 You must compensate us if You break the contract. If You end the Contract in the situations set out in clause 10.1 we will refund any money You have paid in advance for Services we have not provided. However we may deduct or charge You reasonable compensation for the net costs we will incur as a result of your breaking the Contract. No refund will be provided when the Contract is brought to end under circumstances outlined at clause 10.1(c) – (f) (inclusive).
10.3 We may stop providing the Services. We may write to You to let You know that we are going to stop providing the Services. We will let You know at least two weeks in advance of our stopping the Services and will refund any sums You have paid in advance for Services which will not be provided.
10.4 Adherence to our safety policy. In signing these Terms You agree to comply with our safety policy. During matches You must not wear any jewellery such as (for example and without limitation) rings, earrings or watches. Items of clothing with external pockets such as (for example and without limitation) hoodies are also not permitted playing attire. Shirts must be tucked in at all times so that they do not overhang the tags attached to your shorts. If You are found to be in breach of the safety policy You will not be permitted to play in TTR games. Persistent breaches may lead to the suspensions of our Services.
10.5 Wearing International Tag Federation approved shorts or tights are compulsory for participation. For reasons of safety, consistency, and to ensure no player receives a competitive advantage, you must wear only International Tag Federation-approved rugby shorts. TTR sells its own approved TTR shorts at all our venues. Alternatively You can pre-order approved TTR shorts and TTR tights via our online shop. Players may wear other shorts that meet International Tag Federation approval, such as Oztag, NZ Tag Football and the Irish Tag Rugby Association. If your shorts or tights do not have these logos or our logo on them, You are not permitted to wear them in TTR leagues or events and we reserve the right not to allow You to play if You are not properly attired.
11. IF THERE IS A PROBLEM WITH THE SERVICES
11.1 How to tell us about problems. If You have any questions or complaints about the Services, please contact us using the details outlined above.
11.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
· You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
· if You haven't agreed a price upfront, what you are asked to pay must be reasonable.
· if You have not agreed a time upfront, it must be carried out within a reasonable time.
12. PRICE AND PAYMENT
12.1 Where to find the price for the Services. The price of the Services (which includes VAT for Try Tag Rugby Ltd, but not Try Tag Rugby Yorkshire Ltd) will be the price set out on our website, in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the prices of Services advised to You are correct. However please see clause 12.3 for what happens if we discover an error in the price of the Services You order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the Services, we will adjust the rate of VAT that You pay, unless You have already paid for the Services in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service's correct price at your order date is higher than the price stated in our price list, we will contact You for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, we may end the Contract, refund You any sums You have paid, and not perform the Services.
12.4 When You must pay and how You must pay. For team registration You must make an advance cleared payment of £100 for any league registration before we start providing Services. We accept payment with online payment, bank transfer, cash, or over the telephone. The full cleared payment is due before either the second or third rounds of the competition league You have signed up for, as set out in the description of our Services on our website. If You are registering as an individual player You must pay the full league fee before we start providing Services to You.
12.5 Competition points are deducted for failure to comply with these Terms. We reserve the right to deduct competition points for late payments and for failure to provide the information set out in clause 7.3
12.6 Team bonds in the event of “no shows”. We reserve the right to request a £100 bond prior to the league competition commencing. In the event of a ‘no show’ by your team, or insufficient notice given to us to be able to arrange a friendly fixture, we reserve the right to use your bond to compensate your opponent who did not have a match as a result of your no show. Further, we may charge a reasonable administration fee for our time in arranging alternative fixtures.
12.7 We can charge interest if You pay late. If You do not make any payment to us by the due date (see clause 12.4) we may charge interest to You on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.8 What to do if You think an invoice is wrong. If You think an invoice is wrong please contact us promptly to let us know and we will not charge You interest until we have resolved the issue.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to You for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage You suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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, for example, if You discussed it with us during the registration process.
13.2 We are not liable for business losses. We only supply the Services for private purposes. If You use the Services for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We are not liable for lost or stolen belongings at leagues and competition venues. You are responsible for your own belongings that You take to our venues; we are not liable for any goods or belongings stolen.
13.4 We are not responsible for our partners’ failure to deliver. We are not responsible for pubs or after match venues failing to provide food or drink offers they have previously agreed with us. These are optional extras that do not form part of our Services.
13.5 We do not offer refunds for injured players. Minor injuries are an unfortunate part of any sport. We do not offer partial refunds where a player gets injured mid-season.
13.6 We are not liable for injuries caused to You by other players. In the unfortunate event another user of our services injures You during a match we are not liable for any loss or damage caused.
13.7 We do not offer refunds for refereeing mistakes or differences of opinions. We train all our referees before they officiate league or competition matches. The laws and regulations of the game are open to interpretation. We are not responsible and do not issue refunds on account of refereeing mistakes or if a team considers that a referee has made the wrong decision.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information You provide to us to:
(a) provide the services;
(b) process your payment for such services; and
(c) if You agreed to this during the order process, to inform You about similar products that we provide, but You may stop receiving these communications at any time by contacting us;
14.2 Media: By signing up to our Services, You allow TTR to take photos and videos during TTR matches and at TTR official social functions. TTR reserves the right to use these images on our website, in social media and for any other promotional reasons.
14.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact You to let You know if we plan to do this. If You are unhappy with the transfer You may contact us to end the Contract within two weeks of us telling You about it and we will refund You any payments You have made in advance for Services not provided. You may not without our prior written consent transfer or assign your rights and obligations under these Terms to any other person or organisation.
15.2 Nobody else has any rights under this Contract This Contract is between You and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these terms, or if we delay in taking steps against You in respect of Your breaking this Contract, that will not mean that You do not have to do those things or prevent us taking steps against You at a later date. For example, if You miss a payment and we do not chase You but we continue to provide the Services, we can still require You to make the payment at a later date.
15.5 Which laws apply to this Contract and where You may bring legal proceedings. These Terms are governed by English law and You can bring legal proceedings in respect of the Services in the English courts. If You live in Scotland You can bring legal proceedings in respect of the services in either the Scottish or the English courts. If You live in Northern Ireland, You can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, commercial courier, fax or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 16.1(a); if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(b) If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
16.3 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.4 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
16.5 Variation. Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by TTR.