These are the legal terms for the purchase and use of the Endeavour services described on this website (the “Service”) between Endeavour and you (being either you as an individual, or a legal entity that you represent as an authorized employee or agent) (“you, your”).
PLEASE READ THEM CAREFULLY.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE REPRESENTING TO ENDEAVOUR THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF THE SERVICE (“AGREEMENT”).
THE SERVICE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS OF THE AGREEMENT SET OUT ON THIS WEBSITE.
MODIFICATIONS TO THIS AGREEMENT AND OTHER POLICIES
You agree that Endeavour may change or modify any of the terms contained in this Agreement or any policy governing the Service or the Training Materials, at any time, by posting the new terms to this website (or such other URL as Endeavour may provide to you).
You are responsible for regularly reviewing this website.
No amendment to or modification of this Agreement will be binding on Endeavour unless:
(a) it is in writing and signed by a duly authorized representative of Endeavour;
(b) you accept the updated terms online; or
(c) you continue to use the Service or the Training Materials after Endeavour has posted updates to this Agreement or to any policy governing the Service or the Training Materials.
“Account” means your billing account for paying for the Service;
“Documentation” means any documentation made available to you by Endeavour for use with the Training Material and any other documentation made available to you by Endeavour;
“Endeavour” means the Endeavour Group Charitable Trust (NZ Charities Registration number CC49839);
“Endeavour Group” means Endeavour and its trustees, directors, employees, licensors and contractors;
“Training Materials” means the training videos and any Documentation or related software that Endeavour makes available to you;
2. HOW TO ACCESS THE SERVICES
To register for the Service, you must:
a) be 18 years of age or over;
b) complete the registration process by providing Endeavour with current, complete and accurate information as prompted by the registration form, including your e-mail address (username) and password; and
c) keep your usernames and passwords confidential.
You are solely responsible for all activities that occur under your Account.
Endeavour is entitled to assume that any person using this website under your username and password is you or someone doing so with your permission. You are responsible for any use of the site under your username and password, including all financial charges.
If you believe someone has accessed this website or ordered Training Services using your username and password without your authorisation you must immediately notify us of this or any other breach of security. We recommend you change your password regularly.
You acknowledge and agree that Endeavour reserves the right to refuse to allow any individual to register and/or order any of the Training Materials or Services.
By placing an order for any of the Training Materials or the Service you agree to pay the appropriate charges applicable for the Training Materials or the Service selected.
All prices are correct when published. Endeavour may alter prices at any time and may also add fees if you transfer excessive data. You will be liable to meet the full cost of all freight charges, credit card administration fees and all government levies or taxes due on the Service and the Training Materials.
All amounts payable to Endeavour must be paid free and clear of all deductions and withholdings of any kind, except only as may be required by law. Should you be required by law to make a deduction or with holding from any amount payable to
Endeavour, you must provide evidence of the relevant deduction or with holding as Endeavour reasonably requires and must pay to Endeavour an additional amount as will, after the deduction or withholding has been made, leave Endeavour with the same amount as Endeavour would have received had no deduction or withholding been made.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
4. PAYMENT OPTIONS
Endeavour accepts the following credit cards: Visa, MasterCard and American Express
Endeavour also accepts payment from your PayPal account if you have one.
All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.
Click here to for PayPal's terms. https://cms.paypal.com
Payments may be made by direct bank transfer. To use this method of payment contact Endeavour using the “Contact Us” email address.
If you do not pay Endeavour by the due date for payment then you agree that any debt collection expenses (including legal fees, debt collection agency fees and tribunal or court costs) incurred by Endeavour will be included in the amount owed by you, and may be charged to the credit card or other billing mechanism associated with your Endeavour Account.
Endeavour does not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, Endeavour will meet its obligations under the Consumer Guarantees Act (but only where this law applies) to provide a remedy.
Failure to complete the training (or any part of it) will not entitle you to receive a discount or refund of any kind.
Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason.
Endeavour from time to time may offer a number of paid-for courses provided by 3rd parties. If you purchase one of those courses through this website you agree that you will be subject to any terms & conditions of the relevant 3rd party course provider and you do not hold Endeavour liable in those circumstances.
Please check the FAQ section of the relevant Endeavour Training course for further details on any 3rd party courses.
5. NON-EXCLUSIVE LICENSE
So long as you have correctly registered and paid Endeavour hereby grants you a limited, revocable, non-exclusive, non-sub-licensable license to view your selected Endeavour Training Material that resides on this website. Subject to the terms of this Agreement, you may remotely access and view that Endeavour Training Material. Your license of, use of and access to the Endeavour Training Material (which may include, any additional related Software and Documentation that Endeavour makes available to you) is conditioned upon your compliance with the terms of this Agreement, including the following:
You agree to:
(a) use Training Materials and the Service solely for your own internal use, and not make the Training Materials or Service available for resupply, timesharing, application service provider or service bureau use;
(b) comply with all applicable laws and regulations in your use of and access to the Training Materials and the Service; and
(c) retain all Endeavour’s copyright statements and brand identification tags in the Training Material at all times. This applies irrespective of whether the Training Material was supplied as hardcopy, electronic or web based.
You will not, nor will you allow any third party to:
(a) modify, adapt, translate or otherwise create derivative works of any of the Training Materials or the Services,
(b) copy all or part of the Training Materials or the Services onto a memory storage facility of any computer (other than your own computer for the purposes of your own internal use) or otherwise copy, reproduce, download, print, scrape, store, publish, transmit, re-transmit, transfer, communicate, disseminate, broadcast, circulate, sell, assign, resell or other otherwise use or transfer in any form or by any means all or any part of the Training Materials or the Service;
(c) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of any of the Training Materials, except as expressly permitted by the law in effect in the jurisdiction in which you are located;
(d) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service or the Training Materials for any purpose without the prior express written consent of Endeavour;
(e) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Endeavour;
(f) remove, obscure, alter, circumvent or tamper with any notice of copyright, trademark, or other proprietary right; or any copyright protection devices, disclaimers or other legal notices appearing in or on any item included with the Training Materials or the Service;
(g) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Training Materials or the Service;
(h) collect content or personal information about users using any automated or electronic means without the express written agreement of Endeavour;
(i) upload any malicious software, corrupted data or viruses to this website;
(j) attempt to hack into this website or other users' profiles, misuse the website in other ways or carry out any actions which are technically harmful to the other users, this website or Endeavour; or
(k) share any Endeavour log-in access details for any online Endeavour Training Materials or Service with anyone.
This license will terminate immediately if you fail to comply with the terms of this Agreement.
6. PROPRIETARY RIGHTS NOTICE
The Service, and the Training Materials and all intellectual property rights in the Service and the Training Materials and this website are, and shall remain, the property of Endeavour and any licensors to Endeavour. All rights in and to this material not expressly granted to you in this Agreement are hereby expressly reserved and retained by Endeavour and its licensors without restriction and all moral rights are asserted and reserved.
You agree to indemnify, hold harmless and defend everyone in the Endeavour Group, at your expense, for any and all third-party claims, actions, proceedings, and suits brought against anyone in the Endeavour Group, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by anyone in the Endeavour Group, arising out of or relating to your:
(a) breach of any term of this Agreement,
(b) use of the Service or the Training Materials, or
(c) breach of applicable laws, rules or regulations in connection with the Service or the Training Materials.
In such a case, Endeavour will provide you with written notice of the relevant claim, suit or action.
You must cooperate as fully as reasonably required in the defense of any claim. You agree that Endeavour (or anyone in the Endeavour Group), at their own expense, can assume the exclusive defense and control of any matter subject to this indemnification by you.
8. THIRD PARTIES
If you provide access to your Account or any part of it to any third party or use the Service or Training Materials on behalf of any third party, whether or not you are authorized to do so by Endeavour then you represent and warrant that you are authorized to act on behalf of that third party and bind them to this Agreement, and you must ensure that the third party is bound by and abides by the terms of this Agreement.
No one in the Endeavour Group makes any representations or warranties for the direct or indirect benefit of any third party.
With respect to third parties, you agree to:
(a) take all measures necessary to disclaim any and all representations or warranties that may relate to Endeavour and the Endeavour Group, the Service, or the Training Materials; and
(b) indemnify, hold harmless and defend Endeavour and everyone in the Endeavour Group, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against Endeavour or anyone in the Endeavour Group, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation expenses) incurred by Endeavour , or anyone in the Endeavour Group, arising out of or relating to:
(i) any representations and warranties made by you concerning any aspect of the Service or Training Materials to third parties;
(ii) any claims made by or on behalf of any third party relating directly or indirectly to your use of the Service or Training Materials;
(iii) breaches of your obligations of privacy to any third party; and
(iv) any claims with respect to acts or omissions of third parties in connection with the Training Materials or the Service.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENDEAVOUR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT:
(a) THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE AND THE TRAINING MATERIAL, INCLUDING ANY EMAIL OR HELP DESK REPLIES, MAY INCLUDE INACCURACIES AND ERRORS.
(b) YOUR USE OF THE SERVICE AND THE TRAINING MATERIALS MAY NOT BE CORRECT, ACCURATE, TIMELY, UNINTERRUPTED, ERROR-FREE OR OTHERWISE RELIABLE;
(c) DEFECTS IN THE SERVICE AND THE TRAINING MATERIALS MAY NOT BE CORRECTED, EITHER QUICKLY, OR AT ALL; AND
(d) THE SERVICE, THE TRAINING MATERIALS AND ANY OTHER SOFTWARE ACCESSABLE THROUGH THIS WEBSITE MAY CONTAIN VIRUSES AND OTHER HARMFUL COMPONENTS.
ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) UNDER NO CIRCUMSTANCES WILL ENDEAVOUR OR ANYONE IN THE ENDEAVOUR GROUP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS
WEBSITE, FROM THIRD PARTIES (SUCH AS EXPERTS, OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THIS WEBSITE, A THIRD PARTY OR A LINKED SITE;
(a) USE OF THIS WEBSITE IS AT USERS’ SOLE RISK; AND
(b) ENDEAVOUR’S SERVICES AND TRAINING MATERIALS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE YOU ACQUIRE OR HOLD YOURSELF OUT AS ACQUIRING GOODS OR SERVICES FROM US FOR THE PURPOSES OF A BUSINESS, YOU AGREE THAT THE PROVISIONS OF THE CONSUMER GUARANTEES ACT 1993 WILL NOT APPLY TO THIS WEBSITE, THE SERVICES AND THE TRAINING MATERIALS. THE CONDITIONS, WARRANTIES, TERMS AND GUARANTEES SET OUT IN THE SALE OF GOODS ACT 1908 OR THAT MIGHT OTHERWISE BE IMPLIED BY ANY STATUTE, IN COMMON LAW OR IN EQUITY WILL NOT APPLY AND ALL OF THEM ARE EXCLUDED FROM THIS AGREEMENT AND TO THE SERVICES AND THE TRAINING MATERIALS. THE PARTIES ALSO EXCLUDE THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS FROM THIS AGREEMENT.
THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE AND THE TRAINING MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
IN CONNECTION WITH THIS WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THIS WEBSITE, ANY WEB SERVICES LINKED TO IT AND ANY MATERIALS POSTED ON IT, THE SERVICE AND THE TRAINING MATERIALS AND THIS AGREEMENT ENDEAVOUR AND EVERYONE IN THE ENDEAVOUR GROUP WILL NOT BE LIABLE TO YOU, ANY USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY LIABILITY FOR:
(a) LOSS OF INCOME OR REVENUE;
(b) LOSS OF BUSINESS;
(c) LOSS OF PROFITS OR CONTRACTS;
(d) LOSS OF ANTICIPATED SAVINGS;
(e) LOSS OF DATA;
(f) LOSS OF GOODWILL; OR
(g) WASTED MANAGEMENT OR OFFICE TIME.
WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ENDEAVOUR AND/OR ANYONE IN THE ENDEAVOUR GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
11. EXCLUSIVE REMEDY
ENDEAVOUR WILL REFUND TO YOU THE PAYMENT THAT ENDEAVOUR HAS RECEIVED FROM YOU IN RESPECT OF A SERVICE OR TRAINING MATERIAL THAT ENDEAVOUR HAS SUPPLIED TO YOU, TO THE EXTENT THAT THE SERVICE OR TRAINING MATERIAL WAS DEFECTIVE IN A WAY THAT PREVENTED IT FROM BEING REASONABLY UTILISED IN THE MANNER AND TO THE EXTENT THAT A REASONABLE PURCHASER WOULD HAVE EXPECTED HAVING REGARD TO THE NATURE OF THE ITEM, THE PRICE AND THE TERMS OF THIS AGREEMENT.
THE TOTAL CUMULATIVE LIABILITY OF ENDEAVOUR AND EVERYONE IN THE ENDEAVOUR GROUP TO YOU AND ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES AND THE TRAINING MATERIALS SHALL NOT EXCEED NZD$100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
12. FORCE MAJEURE
No one in the Endeavour Group will be liable or responsible for any failure to perform, or delay in performance of, any obligation under this Agreement that is caused by events outside the reasonable control of Endeavour ("Force Majeure Event").
Endeavour's obligations under this Agreement are suspended for the period that a Force Majeure Event continues, but Endeavour will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which its obligations under this Agreement can be performed despite the Force Majeure Event.
This Agreement can be terminated at any time for any reason by either you or Endeavour.
Upon any termination of this Agreement:
(a) Endeavour will cease providing the Services and the Training Materials, to you;
(b) you will not be entitled to any refunds of any usage fees or any other fees, and
(c) any outstanding payment balance for Service rendered through the date of termination, and any other unpaid payment obligations will be immediately due and payable in full.
14. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
You agree to use Endeavour’s website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Unless Endeavour otherwise agrees in writing, this Agreement contains all the terms of Endeavour’s relationship with you and applies to you no matter where you are located at the time any goods or services are provided to you by Endeavour and irrespective of the location where you reside.
This Agreement will be construed in accordance with and governed by the laws of New Zealand and your use of this website, supply of products or services to you by Endeavour and any other matter arising from this Agreement are all subject to the laws of New Zealand.
Where any question, dispute or difference arises between the parties concerning or in any way arising out of this Agreement, or the performance of either party in terms of this Agreement or otherwise relates to the Training Materials or the Service, (“Dispute”) the parties must use the procedures set out in this clause.
The party initiating the Dispute (“the first party”) must provide written notice of the Dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for negotiations. The other party shall then within 7 days, give written notice to the first party naming the other party’s representative for the negotiations. Each representative nominated will have authority to settle or resolve the Dispute.
If the Dispute is not resolved within 14 days of receipt of the written notice of the first party, either party can give notice to the other that the Dispute is being submitted for mediation. The mediator shall be selected by the New Zealand President or Vice-President for the time being of LEADR (Lawyers engaged in Alternative Dispute Resolution) within 14 days.
If the Dispute remains unresolved after mediation, the Dispute shall be referred to a single arbitrator to be agreed upon by the parties within 14 days or failing agreement, the arbitrator will be selected by the President for the time being of the New Zealand Law Society or its successor. Every such reference shall be deemed a submission to arbitration within the meaning of the Arbitration Act 1996 and its amendments and shall be conducted and take effect accordingly except only so far as the provisions of that Act are hereby expressly modified. The decision of the arbitrator shall be final and binding on the parties.
Without limiting the above dispute resolution clauses, the Courts of New Zealand shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Agreement, or with the use of website or supply of any good or services by Endeavour.
A cookie is a small file that is downloaded onto a device when the user of that device accesses a website. Cookies allow a website to recognise a user's device.
You will need to permit us to place data files on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from this website, some functionality of this website may not be available to you.
Endeavour may use the following types of cookies:
(a) Session cookies: these are used to store information about user activities so users can easily move from one webpage to another. These cookies act as a sort of "bookmark" in that they track your movement from page to page of the website so that you do not have to provide the same information you have previously given on other, earlier pages of the website. These are known as "session" cookies because they only remain in the cookie file of your browser until you close the browser.
(b) Persistent cookies: these cookies are used to store user preferences in order to improve your experience of future visits to the website. For example, these cookies can remember log-in details or language preferences so that you do not have to continually re-enter these details on each visit to the website. These cookies will remain in the cookie file of your browser after you have closed your browser, and will be activated again when you next visit the website.
You can always remove or block cookies (such as by using the settings in your browser), but it may affect your ability to use this website. For more information about cookies, including how to adjust your internet browser settings to reject cookies, you can visit the following website http://www.allaboutcookies.org/.
16. INFORMATION RIGHTS AND PRIVACY
Endeavour may retain and use (subject to the terms of this Agreement) information collected in relation to your use of this website, the Training Material and the Service.
Endeavour will not share information associated with you with any third parties unless Endeavour:
(a) has your consent;
(b) concludes that it is required by law or has a reasonable belief that access, preservation or disclosure of the relevant information is reasonably necessary to protect the rights, property or safety of Endeavour, its users or the public; or
(c) provides the information in certain limited circumstances to third parties to carry out tasks on Endeavour’s behalf (e.g., billing or data storage) with appropriate restrictions that prevent the data from being used or shared except as directed by Endeavour. When this is done, it is subject to agreements that oblige those parties to process that information only on Endeavour’s instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
17. WHAT ENDEAVOUR DOES WITH THE INFORMATION IT GATHERS
Endeavour requires your personal information to understand your needs and provide you with a better service including:
(a) to provide you with the services;
(b) for Endeavour’s Internal record keeping;
(c) to improve Endeavour’s products and services;
(d) to periodically send promotional emails about new products, special offers or other information which Endeavour thinks you may find interesting using the email address which you have provided;
(e) to contact you for market research purposes. Endeavour may contact you by email, phone or mail; and
(f) to customise this website according to your interests.
Endeavour will not sell, distribute or lease your personal information to third parties unless Endeavour has your permission or is required by law to do so.
You agree that that from time to time, Endeavour’s support staff may log in to the Service under your customer password in order to maintain or improve service, including to provide you with assistance on technical or billing issues.
18. ELECTRONIC MESSAGES
You grant permission to Endeavour to contact you, or your employees, by means of the use of electronic messages for the purposes set out in this Agreement.
You may unsubscribe from the electronic messaging services at any time by emailing Endeavour at Endeavour’s “Contact Us” email address and clearly stating the email address that you wish to be unsubscribed from the electronic message services. Your Address so specified will be removed within 7 days, but Endeavour always has the right to send contractual notices to you by sending them to your email address as you have notified to Endeavour.
Endeavour cannot guarantee that this website is secure, and you agree that Endeavour is not to be held responsible for a breach of Endeavour’s website security that is beyond Endeavour’s reasonable control.
The transmission of information via the internet is not secure and Endeavour cannot guarantee the security of your data in transmission to or from this website. As a result, the security of any information you transmit to Endeavour or Endeavour transmits to you is transmitted at your own risk. Once Endeavour has received your information, Endeavour will take reasonable steps to prevent unauthorised access to that information.
20. LINKS TO OTHER WEBSITES
This website may contain links to other websites of interest. However, once you have used these links to leave this website, you should note that Endeavour does not have any control over the other websites and they are not governed by this privacy statement.
Any link to other websites is not an endorsement of those websites by Endeavour and you acknowledge and agree that Endeavour is not responsible for the content, availability or promotional material and/or offers of or made by any such sites.
You should exercise caution and look at the privacy statement applicable to the website in question.
21. PLEASE CONTACT ENDEAVOUR ABOUT YOUR PERSONAL INFORMATION
You can contact Endeavour using the “contact us” addresses set out on this website to:
(a) request details of the personal information which Endeavour holds about you; and
(b) advise Endeavour if you believe that any information Endeavour is holding about you is incorrect or incomplete.
22. CHANGES TO THESE PRIVACY TERMS
(a) Endeavour may change these privacy terms from time to time by updating this page.
(b) You should check this page from time to time to ensure that you are happy with any changes.
No waiver: If Endeavour fails to enforce any terms or to exercise its rights under this Agreement at any time, Endeavour has not waived those rights.
Severance: If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by this Agreement.
Third party beneficiaries: Unless any provision in this Agreement expressly provides otherwise, this Agreement is not intended to confer a benefit on any person or class of person who is not a party to it.
Assignment: Endeavour is entitled to assign any of its rights and obligations under this Agreement. You may not assign your rights or obligations under this Agreement to anyone unless Endeavour first agrees to this in writing.