- PURE ENERGY GO

PURE ENERGY GO Enterprise Terms Of Service

Last Updated: May 30, 2024

These terms apply to individually-negotiated order forms (“Order Form”) executed by PURE ENERGY GO, and you (“Customer”). Upon execution, the Order Form, together with these terms, form a binding agreement (“Agreement”). These terms shall not apply to “self-serve” purchases (i.e. those made directly from our websites without involvement of our sales team).

Other terms may also apply to your use of the Services, including our Privacy Policy and End User Licence Agreement.

1. Interpretation

The following definitions and rules of interpretation apply in this agreement.

1.1 Definitions.

Catalogue: Digital catalogue of Compositions and Master recordings owned, controlled or managed by PURE ENERGY GO and made available to Customer for use under the terms set out in the Order Form.

Compositions and Masters: Audio recordings owned, controlled or managed by PURE ENERGY GO directly or indirectly through a subsidiary and/or a third party.

Confidential Information: all information disclosed by one party to the other which would reasonably be considered to be confidential information of the disclosing party.

Connected Fitness Partner: a Customer accessing the Catalogue to reproduce and distribute the Compositions and Masters in the form of Productions

Customer: the Customer whose name and address is set out on the Order Form.

Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

Deliverables: all Documents, products and materials developed by PURE ENERGY GO or its agents, subcontractors, consultants and employees in relation to the Services in any form, including computer programs, data, reports and specifications (including drafts).

Document: includes, in addition to any document in writing, any drawing, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Music Licensing Body: any organisation that issues public performance licences for the use of musical works and sound recordings by businesses.

Order Form: the PURE ENERGY GO Services Agreement signed by the Customer and PURE ENERGY GO.

Pre-existing Materials: all Documents, information and materials provided by PURE ENERGY GO relating to the Services which existed prior to the commencement of this agreement, including computer programs, data, reports and specifications.

PURE ENERGY GO: PURE ENERGY GO Limited, a company incorporated and registered in England and Wales with company number 14653248 whose registered office is at Cotton Mill, B9 Tileyard North, Unit 2.4, Second Floor, Wakefield, WF1 5FY.

PURE ENERGY GO’s Equipment: any equipment or materials provided by PURE ENERGY GO or its agents, subcontractors, consultants or employees and used directly or indirectly in the supply of the Services.

Productions: Audio visual works made from any online fitness classes, sessions or training owned by the Customer.

Service Specific Terms: Certain Services, or portions thereof, may be subject to additional terms that are specific to the particular Services and are set forth in the Service Specific Terms. By accessing or using Services covered by any Service Specific Terms, you agree to the applicable Service Specific Terms. If there is a conflict between these Terms and the Service Specific Terms, the Service Specific Terms will control with respect to the applicable Services or portions thereof.

Services: the Services to be provided by PURE ENERGY GO as set out in the Order Form, together with any other services which PURE ENERGY GO provides or agrees to provide to the Customer.

VAT: value added tax chargeable under English law for the time being and any similar additional tax.

1.2. Clause headings shall not affect the interpretation of this agreement.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.

1.4 The Order Form forms part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Order Form.

1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.7 A reference to any party shall include that party’s personal representatives, successors and permitted assigns.

1.8 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.9 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.10 A reference to writing or written includes fax and e-mail.

1.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.12 References to clauses are to the clauses of this agreement.

1.13 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Term

2.1 The Agreement begins on the Start Date and continues for an Initial Service Period, specified on the Order Form. Unless otherwise stated in the Order Form, your Agreement will automatically renew for successive 12-month periods (each a “Renewal Period“) until either party provides at least ninety (90) days’ written notice of non-renewal before a Renewal Period begins. The Initial Service Period and any Renewal Period(s) shall be referred to as the “Term.”

3. PURE ENERGY GO’s obligations

3.1 PURE ENERGY GO shall use reasonable endeavours to provide the Services to the Customer in all material respects in accordance with the Order Form and in compliance with all applicable laws and regulations.

3.2 PURE ENERGY GO will provide regular updates, communication and support to Customer to ensure that the quality of Services provided is maximised.

3.3 PURE ENERGY GO may, from time to time and subject to Customer’s prior written consent, which shall not be unreasonably withheld or delayed, change the Services, provided that such changes do not materially affect the nature or quality of the Services and, where practicable, it will give the Customer at least one months’ notice of any change.

3.4 PURE ENERGY GO may share certain information about your order with a relevant Music Licensing Body. This will only be done on the basis that it is of benefit to PURE ENERGY GO, the Music Licensing Body, their licensees and the fitness sector by avoiding duplication of effort and improving efficiencies associated with music licensing.

4. Customer’s obligations

4.1 The Customer shall:

(a) cooperate with PURE ENERGY GO in all matters relating to the Services; and

(b) provide, in a timely manner, any information as PURE ENERGY GO may reasonably require in order to provide the Services;

(c) limit the use of the PURE ENERGY GO service to employees or users operating at the venue(s) specified on the Order Form.

(d) manage users who have access to the PURE ENERGY GO service, this includes adding and removing users and ensuring that access to the service is only available to individuals contracted by the Customer and operating in the contracted venues as specified on the order form.

4.2 If PURE ENERGY GO’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, PURE ENERGY GO shall not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay.

5. Warranties

5.1 PURE ENERGY GO warrants that it has the right to grant the rights granted to Customer under these Terms, use of the Compositions and Masters as licenced here will not infringe the intellectual property rights of any third parties; and none of the Compositions and Masters are administered by any collecting society by way of membership of a collecting society and no further licence fees are payable to any third party for the use or public performance of the Compositions and Masters.

6. Service Specific Terms

6.1 Use of the PURE ENERGY GO catalogue for the purposes of a Connected Fitness Partner and as set out on the Order Form shall be governed by the Service Specific Terms set out in this section 6.

6.2 Subject to the relevant fee agreed by the parties, and only for the purposes of online and on-demand fitness content produced and owned by the Customer, PURE ENERGY GO hereby grants to Customer the non-exclusive, non-transferable right, for the duration of the term as set out in the Order Form to:

(a) access the Catalogue, reproduce and distribute the Compositions and Masters from the Catalogue in the form of Productions created and developed by the Customer;

(b) synchronise, record, modify, edit, arrange or otherwise use the Compositions and Masters in its Productions;

6.3 The Customer shall not acquire any rights in or to the Composition or Master except as specifically set forth in this agreement. All rights, title and interest in and to the Catalogue, Compositions and the Masters shall remain with PURE ENERGY GO.

6.4 Unless the Customer has either (i) ordered app subscription services as explicitly stated on the Order Form, or (ii) obtained written consent from PURE ENERGY GO, the Customer is expressly prohibited from:

(a) utilising the services for any in-person activity. This prohibition extends to, but is not limited to, group exercise, live events (excluding online streaming of Productions), and any other in-person activities directly related to health, wellbeing, or fitness;

(b) utilising the services in sectors or settings outside of health, wellbeing or fitness.

6.5 PURE ENERGY GO will not offer exchanges or refunds for any audio or video files downloaded from our website unless the error was a duplicate purchase, an administrative or website error.

6.6 Any termination or expiry shall not affect the sync and performance licence granted to Customer for Productions created during a live subscription. Customer shall retain the right to use and exploit such Productions following termination or expiry in perpetuity.

7. Third Party Features

7.1 The Services may give you the option to link to third-party features and integrations. PURE ENERGY GO does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and PURE ENERGY GO is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties.

8. Charges and Payment

8.1 You will pay the amounts set forth in your Order Form plus any applicable taxes. If the Order Form does not list any price for an ordered product or service, you will pay PURE ENERGY GO’s then-current standard prices. If the Order Form lists zero as the price, this indicates that the product or service is bundled with another paid product or service and shall not be construed as a standalone commitment to provide a free product or service. At the beginning of a Renewal Period (if any), we may increase prices as stated in your Order Form or upon notice.

8.2 Additional sites may be added to an app subscription package at any point during the Term. The Customer will be charged for the required subscription at the then-current standard prices unless specified otherwise on the Order Form.

8.3 Except in the event of your termination of the Agreement for PURE ENERGY GO’s uncured material breach, all payment obligations are non-cancelable and paid amounts are non-refundable. Any refund policy set forth on our website or marketing materials (which apply to self-serve accounts) shall not apply.

8.4 You must pay all fees using a valid payment method or, if we permit, by invoice. All invoices are payable within thirty (30) days after the invoice date without offsets or deductions of any kind. You agree to receive invoices by email to the billing contact stated on the Order Form.

8.5 In the event of late payments or nonpayment: (a) we may deduct amounts owed from any revenue owed to you until all fees are paid; (b) we may suspend or limit service to you until all fees are paid; (c) we may charge interest of up to 1.5% per month or the maximum allowable by law (whichever is lower) on past-due amounts; and (d) you agree to pay our reasonable costs of collection (including court filing fees and attorneys’ fees).

9. Intellectual property rights

9.1 As between the Customer and PURE ENERGY GO, all Intellectual Property Rights and all other rights in the Deliverables and the Pre-existing Materials shall be owned by PURE ENERGY GO.

9.2 In the event that the Customer provides material, or content of any type for the purpose of consumption by its members it is acknowledged that all Intellectual Property Rights in such material is owned and controlled by the Customer.

10. PURE ENERGY GO’s property

10.1 All materials and data supplied by PURE ENERGY GO to the Customer shall, at all times, be and remain as between PURE ENERGY GO and the Customer the exclusive property of PURE ENERGY GO, and shall not be shared, duplicated or copied other than in accordance with PURE ENERGY GO’s written instructions or authorisation.

11. Limitation of liability

11.1 Nothing in this agreement limits or excludes PURE ENERGY GO’s liability for:

(a) death or personal injury caused by its negligence;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

(d) any other liability which cannot be limited or excluded by applicable law.

11.2 Subject to clause 11.1, PURE ENERGY GO shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; any indirect or consequential loss.

11.3 Subject to clause 11.1 and clause 11.2, PURE ENERGY GO’s total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to:

(a) £1,000 per claim; and

(b) in respect of all claims (connected or unconnected) in any consecutive 12 month period, the equivalent of the total charges paid by the Customer in that period.

11.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.

12. Confidentiality

12.1 Subject to clause 12.2, a party shall:

(a) use Confidential Information only for the purposes of this agreement;

(b) keep the Confidential Information confidential; and

12.2 The provisions of clause 12.1 shall not apply to any Confidential Information which:

(a) is in or comes into the public domain other than by default of a party;

(b) is, or has already been, independently generated by a party and can be shown to be so generated;

(d) is disclosed to the professional advisors of a party; or

(e) is disclosed pursuant to an order of a court of competent jurisdiction, or government agency or similar authority.

13. Data Protection

13.1 PURE ENERGY GO shall process all personal data it obtains in the performance of the Services in accordance with best practice and in compliance with the Data Protection Legislation.

13.2 For the purposes of this Clause, Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures shall be as defined in the Data Protection Legislation.

13.3 The Customer acknowledges and agrees that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and that personal data will be processed by and on behalf of PURE ENERGY GO in connection with the Services.

13.4 Without prejudice to the generality of clause 13.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to PURE ENERGY GO and/or lawful collection of the Personal Data by PURE ENERGY GO on behalf of the Customer for the duration and purposes of this agreement.

13.5 Without prejudice to the generality of Clause 13.1, PURE ENERGY GO shall, in relation to any Personal Data processed in connection with the performance by PURE ENERGY GO of its obligations under the description of the Services:

(a) process that Personal Data only on the documented written instructions of the Customer set out in the description of the Services, unless PURE ENERGY GO is required by applicable laws to otherwise process that Personal Data. Where PURE ENERGY GO is relying on Applicable Laws as the basis for processing Personal Data, PURE ENERGY GO shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit PURE ENERGY GO from so notifying the Customer;

(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

(d) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

(i) the Customer or PURE ENERGY GO has provided appropriate safeguards in relation to the transfer;

(ii) the data subject has enforceable rights and effective legal remedies;

(iii) PURE ENERGY GO complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

(iv) PURE ENERGY GO complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;

(e) assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f) notify the Customer without undue delay on becoming aware of a Personal Data Breach;

(g) at the written direction of the Customer, delete or return Personal Data relevant to the Services set out in Part B of the description of the Services and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and

(h) maintain complete and accurate records and information to demonstrate its compliance with this clause 12 and allow for audits by the Customer or the Customer’s designated auditor and immediately inform the Customer if, in the opinion of PURE ENERGY GO, an instruction infringes the Data Protection Legislation.

13.8 The Customer does not consent to PURE ENERGY GO appointing any third party processor of Personal Data under this agreement unless agreed to explicitly in writing. To the extent that PURE ENERGY GO does appoint an authorised sub-processor, PURE ENERGY GO shall remain fully liable for all acts or omissions of such processor appointed by it.

14. Termination

14.1 Without affecting any other right or remedy available to it, PURE ENERGY GO may terminate this agreement with immediate effect by giving written notice to the Customer if:

(a) the Customer fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;

(b) the Customer commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;

(c) the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

(d) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;

(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;

(f) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the Customer (being a company);

(g) the holder of a qualifying floating charge over the assets of the Customer (being a company) has become entitled to appoint or has appointed an administrative receiver;

(h) a person becomes entitled to appoint a receiver over the assets of the Customer or a receiver is appointed over the assets of the Customer;

(i) the Customer (being an individual) is the subject of a bankruptcy petition or order;

(j) a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Customer’s assets and such attachment or process is not discharged within 14 days;

(k) any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 14(c) to clause 14(j) (inclusive); or

(l) the Customer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.

15. Consequences of termination

15.1 On termination or expiry of this agreement:

(a) the Customer shall immediately pay to PURE ENERGY GO all of PURE ENERGY GO’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, PURE ENERGY GO may submit an invoice, which shall be payable immediately on receipt;

(b) the following clauses shall continue in force: clause 1 (Interpretation), clause 8.5 (Charges and payment), clause 9 (Intellectual property rights), clause 10 (PURE ENERGY GO’s property), clause 11 (Limitation of liability), clauses 12.1 and 12.2 (Confidentiality and data protection), clause 13.1 (Consequences of termination), clause 16 (Variation), clause 17 (Waiver), clause 18 (Rights and remedies), clause 19 (Severance), clause 20 (Entire agreement), clause 21 (Assignment and other dealings), clause 22 (No partnership or agency), clause 23 (Third party rights), clause 24 (Notices), clause 25 (Counterparts) and clause 27 (Governing law and jurisdiction).

15.2 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

16. Variation

16.1 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

17. Waiver

16.1 No failure or delay by a party to exercise any right or remedy provided under this agreement 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.

18. Rights and remedies

18.1 The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

19. Severance

19.1 If any provision or part-provision of this agreement 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 this agreement.

19.2 If any provision or part-provision of this agreement 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.

20. Entire agreement

20.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

20.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

20.3 Nothing in this clause shall limit or exclude any liability for fraud.

21. Assignment and other dealings

21.1 This agreement is personal to the Customer and the Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement.

21.2 PURE ENERGY GO may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all of its rights and obligations under this agreement, provided that PURE ENERGY GO gives prior written notice to the Customer.

22. No partnership or agency

22.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

22.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.

23. Third party rights

23.1 No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.

24. Notices

24.1 A notice given to a party under or in connection with this agreement shall be:

(a) in writing and in English;

(b) sent to the party at the address (and for the attention of the contact) specified in clause

24.2;

(d) deemed received as set out in clause 24.4 (if prepared and sent in accordance with this clause 24).

24.2 The parties’ addresses and contacts are:

(a) for the Customer: the Site Address and Customer Primary Contact set out on the Order Form; and

(b) for PURE ENERGY GO: PURE ENERGY GO’s registered office address set out in clause 1.1 and the PURE ENERGY GO Contact set out on the Order Form.

24.3 A party may change its details for the purposes of clause 24.2 by giving notice to the other party, the change taking effect at 9.00 am on the later of:

(a) the date, if any, specified in the notice as the effective date for the change; and

(b) the date 7 days after deemed receipt of the notice.

24.4 A notice may be delivered by hand, in which case it will be deemed delivered at the time of such delivery, or by pre-paid first recorded delivery post, in which case it will be deemed delivered at 9.00 am on the second day after posting or at the time recorded by the delivery service (in each case provided that all other requirements in this clause have been satisfied and subject to the provisions in clause 24.5).

24.5 For the purpose of clause 24.4 and calculating deemed receipt:

(a) all references to time are to local time in the place of deemed receipt; and

(b) if deemed receipt would occur in the place of deemed receipt on a Saturday or Sunday or a public holiday when banks are not open for business, deemed receipt is deemed to take place at 9.00 am on the day when business next starts in the place of receipt.

24.6 This clause does not apply to the service of any proceedings or other documents in any legal action.

25. Counterparts

25.1 This agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

26. Reservation of Rights

26.1 These Terms do not grant: (a) PURE ENERGY GO any Intellectual Property Rights in Customer Data; or (b) Customer any Intellectual Property Rights in the Services, Materials, or PURE ENERGY GO trademarks and brand features. Customer acknowledges that it is obtaining only a limited right to use the Services and that irrespective of any use of the words “purchase”, “sale” or similar terms, no ownership rights are transferred to Customer (or its End Users) under these Terms.

27. Governing law and jurisdiction

27.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

27.2 Each party irrevocably agrees that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

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