Terms & Conditions

TERMS OF USE

1. Introduction

1.1. This Terms of Use together with our  Privacy Policy, Terms and Conditions of Sale and Cookie Policy tells you the terms on which you may make use of AFT Drinks website, whether as a guest or a registered user, including accessing, browsing, or registering to use AFT Drinks website.

1.2. Please read these Terms of Use carefully before you start to use AFT Drinks website. If you do not agree to these Terms of Use, you must not use AFT Drinks website.

2. About us

2.1. When we say AFT Drinks in this Terms of Use Policy, we mean AFT (Liquor Stores) Ltd.

2.2. AFT (Liquor Stores) Ltd is registered in Northern Ireland with company number NI008535

2.3. When we say ‘AFT Drinks Sites’ in this policy we mean the websites, domains and online applications owned and/or operated by AFT (Liquor Stores) Ltd.

3. Changes to these terms and AFT Drinks Sites

3.1. AFT Drinks may revise these Terms of Use at any time by amending this page. Check this page from time to time to take notice of any changes AFT Drinks make, as they are binding on you. AFT Drinks may update AFT Drinks Sites from time to time, and may change the content at any time.

4. Accessing AFT Drinks Sites

4.1. You are responsible for making all arrangements necessary to access AFT Drinks Sites.

4.2. AFT Drinks does not guarantee that AFT Drinks Sites, or any content on them, will always be available or be uninterrupted and does not guarantee that they or any content on them will be free from errors or omissions. Access to AFT Drinks Sites is permitted on a temporary basis. AFT Drinks may suspend, withdraw, discontinue or change all or any part of the AFT Drinks Sites without notice. We will not be liable to you if for any reason any of the AFT Drinks Sites are unavailable at any time or for any period.

4.3. You are also responsible for ensuring that all persons who access AFT Drinks Sites through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

4.4. AFT Drinks Sites are directed to businesses in Northern Ireland. We do not represent that content available on or through the AFT Drinks Sites are appropriate or available in other locations. If you choose to access Bestway Sites from outside the United Kingdom, you do so at your own risk.

5. Your account and password

5.1. If you choose, or you are provided with, a customer account number, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.2. We have the right to disable any customer account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

5.3. If you know or suspect that your account details or password are no longer confidential then you must reset your password and promptly notify us via the online Contact Us facility.

6. Intellectual property rights

6.1. AFT Drinks is the owner or the licensee of all intellectual property rights in the AFT Drinks Sites, and in the material published on it.

6.1.1. You must not modify any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.1.2. You must not use any part of the content on any AFT Drinks Sites for commercial purposes other than to purchase our products and services.

7. Acceptable use

7.1. Access to our product listings and prices are limited to registered customers only and are confidential to our customers and may not be disclosed to any third party.

7.2. You may not use the AFT Drinks Sites:

7.2.1. In any way that breaches any applicable local, national or international law or regulation;

7.2.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

7.2.3. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

7.2.4. To reproduce, duplicate, copy, display or sell any part of AFT Drinks Sites or its content or use any content other than for the purchase of our products and services and may not use any data mining, data robots or any other similar tool for any purpose;

7.2.5. Access without authority, interfere with, damage or disrupt any part of AFT Drinks Sites, any equipment or network on which AFT Drinks Sites is stored or any software used in the provision of AFT Drinks Sites.

7.3 In the event of a breach of the Terms of Use of AFT Drinks Sites then we may at our discretion withdraw your right to use AFT Drinks Sites and take any action against you we deem appropriate.

8. No reliance on information

8.1. Although we make reasonable efforts to update the information on AFT Drinks Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on AFT Drinks Sites is accurate, complete or up-to-date.

9. Limitation of our liability

9.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the AFT Drinks Sites or any content on it, whether express or implied.

9.2. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with use of, or inability to use the AFT Drinks Sites, use of or reliance on any content displayed on the AFT Drinks Sites. We will not be liable for any loss of profits, business interruption, loss of business opportunity or any indirect or consequential loss or damage.

9.3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the AFT Drinks Sites or to your downloading of any content on it, or on any website linked to it.

9.4. We assume no responsibility for the content of websites linked on AFT Drinks Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10. Uploading content to AFT Drinks Sites/ posting

10.1. Whenever you upload content to the AFT Drinks Sites, you must comply with the provisions in these terms on acceptable use. You warrant that such content does comply with those terms and that you will be liable to us and indemnify us for any breach of that warranty.

10.2. We reserve the right to remove any content that does not comply with these Terms of Use.

11. Viruses

11.1. We do not guarantee that the AFT Drinks Sites will be secure or free from bugs or viruses.

11.2. You are responsible for configuring your information technology, computer programmes and platform to access the AFT Drinks Sites. You should use your own virus protection software.

11.3. You must not misuse the AFT Drinks Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the AFT Drinks Sites, the server on which the AFT Drinks Sites is stored or any server, computer or database connected to the AFT Drinks Sites. You must not attack the AFT Drinks Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the AFT Drinks Sites will cease immediately.

12. Links

12.1. You shall not link to our home page, or website pages without our written consent. Where AFT Drinks Sites contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

13. Applicable law

13.1. These Terms of Use, its subject matter and its formation are governed by Northern Ireland law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.

14. Contact us

14.1. To contact us, please email us using the online Contact Us link facility.

 


 

TERMS AND CONDITIONS OF SALE

About us

Company details. AFT (Liquor Stores) Ltd (company number NI008535) (“Company”, “we” and “us”), is a company registered in Northern Ireland, trading as AFT Drinks, from warehousing located at 70 Derry Road, Omagh, Co Tyrone, BT78 5ED. Our VAT number is GB255963525.  Our AWRS number is XGAW00000100033.
Contacting us. Should you have any feedback or complaints, including service and process then please call our customer service team on 02882243091 or email admin@aftdrinks.com.
 

1. The conditions of sale

1.1. These Conditions are the only conditions on which We sell goods. Please ensure You understand them before You place an order or buy Goods from Us. Unless otherwise mutually agreed in writing they will apply notwithstanding any other conditions on which You wish to purchase Goods from Us. Our representatives, depot staff or vehicle drivers are not authorised to agree to any other conditions or to vary these Conditions.
 
1.2. These conditions supersede any previous conditions between You and Us (whether oral or in writing) and also supersede any previous course of dealing, trade custom or understanding between You and Us.
 
1.3. In these Conditions “Goods” means all goods sold by Us to You, “We/Us/Our” means AFT (Liquor Stores) Ltd trading as AFT Drinks, and “You/Your” means the person, company or other legal entity purchasing the Goods. “Contract” means the contract between Us and You for the sale and purchase of Goods in accordance with these Conditions. “Handballing” or “Handball Delivery” means where Goods are delivered to store and We breakdown the palletised delivery of Goods or move the complete pallets to different parts of the store. “Standard Delivery” means where Goods are delivered as a drop and drive delivery of palletised Goods to the kerbside or threshold of a store.
 
1.4. These Conditions cover: sales of Goods to You ‘off the shelf’ at our warehouse; or, by ‘Click and Collect’ where an order is placed via Our website or mobile application for You to collect from our warehouse; or Standard Delivery or Handball Delivery where an order is placed via Our website for delivery of Goods. Certain terms and conditions may be applicable according to the method of sale.
 
1.5. These Conditions may be amended from time to time. These Conditions and Our policies can be viewed at any time on Our website – www.aftdrinks.com
 
1.6. We reserve the right to refuse Your custom, suspend sale or delivery, or cancel any order in the following circumstances or event:
 
1.6.1. that circumstances arise which, in Our view, oblige Us to do so;
 
1.6.2. that Our accounts are not paid to terms;
 
1.6.3. that payments are not received from a registered customer or other authorised payment provider or agent;
 
1.6.4. Your insolvency or that You cease or threaten to cease business or enter into voluntary arrangement or become bankrupt;
 
1.6.5. Our inability through shortage of stocks or for any other reason to execute delivery wholly or in part; and
 
1.6.6. in Our absolute discretion there is a risk that to proceed with such activity may result in a breach of any law, rule or regulation of any jurisdiction including but not limited to bribery, corruption, money-laundering, terrorist financing or the breach of any sanctions related laws or rules including any economic, financial or trade laws or regulations enacted or enforced by any jurisdiction.
 
1.7. We reserve the right to make reasonable alterations to products and/or packaging as circumstances may demand. We will not be liable for costs, damages, losses, or expenses of any nature resulting from part delivery, suspension of delivery, reduction or cancellation of orders.
 
1.8. In the event We suspend sale or delivery or refuse to accept orders placed by You due to one of the events in 1.6 above then without limiting any other rights available to Us, any Goods that have been delivered but not paid for shall become immediately due for payment notwithstanding any previous agreement or arrangement to the contrary.
 
1.9. Where You are a sole trader, You will be personally liable to make payment for Goods and You hereby guarantee and acknowledge personal liability for payment of the Goods and interest chargeable in accordance with these Conditions and no waiver that might be extended in respect of these Conditions shall affect Your liability hereunder. In the event You become a partnership or limited company then You will remain personally jointly and/or severally liable for payments.
 
1.10. Where You are a partnership or a limited company, an individual or individuals with authority to bind You will be personally liable to make payment for Goods and interest chargeable in accordance with these Conditions and no waiver that might be extended in respect of these Conditions shall affect Your liability hereunder. Where You are a partnership, these Conditions are binding on all the partners with joint and several liability and no waiver shall affect their individual liability. You shall be obliged to notify Us in any change in the partners of Your business.
 
1.11  If You do not make any purchases during a 12 month period then We may require new bank references and may carry out bank and/or credit checks where applicable before You are permitted to purchase Goods from Us. We may (at Our discretion) require You to complete a new customer application form.
 
1.12. We sell alcoholic Goods and tobacco Goods only to registered customers holding a valid liquor licence, and TPD registration as applicable.
 
1.13. We may collect information from you to prevent and detect fraud, money laundering and other crime.
 
1.14. We reserve the right to take any action that is required by Us to comply with any law, regulation (including guidance from regulators) or an order of the court. This includes but is not limited to bribery, corruption, money-laundering, terrorist financing or the breach of any sanctions related laws or rules including any economic, financial or trade laws or regulations enacted or enforced by any jurisdiction.
 
1.15. We reserve the right to change these terms and conditions from time to time in Our absolute discretion to comply with the operation of law, regulation, guidance, a decision of the court or equivalent body or as We otherwise see fit.
 

2. Prices

2.1. Prices displayed in brochure and online are invitation to treat only. All prices are applicable on date of acceptance of Your order and as set out in Your invoice.
 
2.2. If You have been charged an incorrect price, We reserve the right to rectify Our invoice provided only that any claim in respect of incorrect prices is brought to Our attention in writing no later than five working days from the date of the invoice.
2.3. We reserve the right to alter Prices without notice to reflect increase in costs to Us.
 
2.4. Prices are exclusive of VAT and VAT will be charged on the supply of Goods at the rate prevailing at the tax point date.
 

3. Orders, Delivery and Acceptance

3.1. We reserve the right to refuse orders for any reason, including (but not limited to) those considered economically non-viable, or hazardous to our vehicles or drivers, or where We have reason to believe that You are involved in illegal activity or as required by the operation of law, regulation, guidance or a decision of the court or equivalent body. There is no Contract between Us and You until We confirm acceptance of Your order. Once an order is accepted by Us, We specifically reserve the right to cancel or suspend an order in the event of non-payment for any Goods previously ordered by You. Each order is a separate contract and You are responsible for ensuring the accuracy of the order submitted and for giving Us all the information We need to process the order.
 
3.2 Orders must be placed online for the ‘Click and Collect’ service where We will pick the order for You and You will have a window of time to collect the order from depot (subject to depot opening hours) or for a delivered order where We will pick the order for You and deliver it to Your store at an agreed delivery time slot (available Monday to Friday). Where You regularly order delivered Goods We will arrange a regular delivery slot with You.
 
3.3 You must not cancel any order You have placed with us except by giving us reasonable notice in writing. If You fail to do this, Your order will not be cancelled and You will be obliged to pay for it.
 
3.4 All delivery dates quoted or agreed by Us are estimates and are not of the essence of the contract between Us. Delivery of the Goods shall be completed on the Goods arrival at Your store for delivered orders or when You take possession of the Goods at our Warehouse on a ‘Click and Collect’ order or when You have paid for the Goods ‘off the shelf’ at the Warehouse.
 
3.5 All Goods should be examined upon delivery at case level prior to being signed for and (subject to sub-clause 3.6 below) must be signed for upon delivery/collection. You are expected to retain one copy of the receipt note which You sign. Where You purchase Goods at our Warehouse, You will not have any claim in respect of the Goods once You have left the customer exit area.
 
3.6 In the event that upon delivery You discover damaged or faulty Goods, Goods that appear to have been tampered with, shortages or an incorrect delivery, You may return such Goods to Us on the vehicle in which they were delivered or at the Warehouse if collected. The annotations or alterations should be noted on the delivery docket (and agreed with Our driver), the top copy of which should be retained by You, and the carbon copy returned with Our driver. Upon receipt and checking of returns a credit note will be issued. Damaged or faulty Goods must be returned in their original packaging. Damaged, faulty and/or short dated Goods or excesses must be returned with Our driver. No credit or refunds will be given in respect of excess Goods.
 
3.7 Goods delivered which are past their “sell by”, “best before”, “use by” or similar date must also be dealt with in accordance with sub-clause 3.6
 
3.8 In the event of non-arrival of the Goods or if You learn that they have been lost or destroyed in transit, notice from You of this must be received by Us as set out in sub-clause 3.6 or 3.9, such notice to be given at the latest the working day after delivery was due.
 
3.9 In the event that subsequent to the above You discover any further damaged Goods, Goods that appear to have been tampered with, shortages or an incorrect delivery, You must notify Us by phone within one working day of the delivery, setting out full details of damage, apparent tampering, short or incorrect delivery, by way of product description and code. Credit will only be considered by Us where these terms are complied with in full. If notification is not received within 1 working day of the delivery, then the Goods shall be deemed to have been properly delivered and accepted. Time and manner of the notification are of the essence.
 

4. Property and Risk

4.1. Risk in the Goods shall pass to You at the time of delivery of the Goods to You or Your agent or when You have paid in full for the Goods, whichever is the earlier and You hereby undertake to insure the Goods to their full value for all risks and liability including fire and theft.
 
4.2. Title in the Goods will only pass to You when We have received cleared payment in full for the Goods plus VAT and/or any other payment howsoever due to Us from You.
 
4.3. Until all payments due for the Goods have been received:
 
4.3.1. full legal and equitable title shall remain with Us and
 
4.3.2. You shall hold the Goods as bailee and shall be required to store the Goods in such a manner as to preserve their value, in such a way that they may be clearly identified as Our property and separate from Your own property or the property of any other person or entity and
 
4.3.3. Although the Goods remain Our property until paid for, they are at Your risk from the time of delivery and You shall hold the proceeds of any insurance against loss or damage as trustee for Us and
 
4.3.4. We may trace any proceeds of sale of our Goods into any account which You maintain and
 
4.3.5. You must not assign any rights arising from the sale of such Goods without Our consent.
 
4.4. If You breach clause 4.3 then We are entitled to compensatory damages but You may resell or Use the Goods on the condition that as long as You have not paid in full for the price of those Goods, You shall be able to account to Us with the proceeds of the sale of those Goods which, shall be kept in a separate account. If You sell the Goods before You have paid for them in full, You sell them as principal and not as Our agent and title to the Goods shall pass from Us to You immediately before the time at which You sell them.
 
4.5. If payment is overdue in whole or in part, or upon commencement of any proceedings for insolvency, We may (without prejudice to any of Our other rights) recover or recall the Goods or any of them and We (and Our agents) may enter upon Your premises or any premises where the Goods are stored for such purpose and You hereby grant Us (and Our agents) a licence to enter upon any premises occupied or controlled by You so as to recover or inspect such Goods, title to which has not passed to You (irrespective of whether such Goods can be specified, or attributed to corresponding purchase orders or delivery notes and without regard to sub-clause 5.3 below) to the value of the amount due and payable.
 
4.6. You may not for any indebtedness pledge or in any way charge by way of security (including without limitation fixed and floating charges) any of the Goods which remain Our property. Without prejudice to Our other rights, if You do so, all sums owing by You to Us shall forthwith become due and payable.
 
4.7. Your right to possession of the Goods shall cease if upon the presentation to a bank of any cheque tendered in respect of payment for Goods it is returned or dishonoured or You have not paid for the Goods in full by the expiry of a credit period allowed by Us under a Credit Sales Agreement or You are declared bankrupt or make any proposal to Your creditors for a composition or other voluntary arrangement or a receiver, liquidator or administrator is appointed in respect of Your business. If Your right to possession of the Goods ceases pursuant to this clause, You shall at Your own expense make the Goods available to Us and allow us to repossess them.
 

5. Credit and Payment

5.1. You may apply for but We are not obliged to give You the ability to make payment for Goods by cheque or, credit for a specified time period and financial limit (the ‘Relevant Applicable Credit Limit’) and subject to such other terms as We agree. Where We agree a credit payment facility with You, this may at Our discretion be via credit card, debit card, credit account or letter of credit.
 
5.2. You must give true and accurate information on any application for a cheque payment or credit facility and acknowledge and agree to Us processing Your data in accordance with Our Privacy Policy including sharing Your information and data with credit reference agencies. Where You provide Us with information in relation to Your business partners or directors then You must obtain their consent to disclose this information to Us.
 
5.3. We may at any time in Our discretion and without notice, vary Your Relevant Applicable Credit Limit or withdraw any credit or cheque payment facility.
 
5.4. If at any time any invoices are overdue or Your indebtedness to Us exceeds the Relevant Applicable Credit Limit then all unpaid balances owing to Us from You shall become immediately due and payable.
 
5.5. All cheques must be made payable to AFT (Liquor Stores) Ltd and crossed “not negotiable – account payee only”. We cannot accept responsibility for lost remittances.
 
5.6. If You fail to make any payment due to Us in accordance with these terms then You shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate chargeable both before and after any proceedings on the amount unpaid accruing daily, until payment is made in full. You shall pay the interest together with the overdue amount.
 
5.7. We may also charge You interest at the rate prescribed by and compensation due in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002.
 
5.8. You shall pay all and any costs and expenses incurred by Us in connection with and/or in relation to the recovery of debt, sums and or damages from You including but not limited to the costs of issuing a formal letter before action and any legal costs incurred in relation to actual or prospective legal proceedings by Us against You.
 
5.9. You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies We may have, set off any amount owing to Us by You against any amount payable by Us to You.
 
5.10. We reserve the right to withdraw any credit facilities and suspend deliveries if circumstances arise which in Our view oblige Us to do so or as required by the operation of law, regulation, guidance or a decision of the court or equivalent body.
 
5.11. RD cheques will be subject to a charge of £10, RDPR cheques will be subject to a charge of £10, letters of credit or any direct debit that is refused will be subject to a charge of £10.
 

6 Warranties and Liabilities

6.1. Nothing in these Conditions shall affect Our implied undertakings given to You under the Sale of Goods Act 1979.
 
6.2. Nothing in these Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence, fraud or fraudulent misrepresentation or defective products under the Consumer Protection Act 1987.
 
6.3. All Goods are warranted by Us on delivery to comply with all relevant UK food law from time to time in force. No warranty is given that the Goods comply with food and other relevant legislation or do not infringe third party rights outside the UK. We warrant that the Goods are sold with good title and comply with Our description and specification of them.
 
6.4. Save as set out in clauses 6.1 to 6.3, all conditions, warranties, guarantees and representations (both innocent and negligent) whether express or implied by law custom or trade or otherwise are excluded.
 
6.5. Our liability to You under or in any way related to the sale and purchase of Goods or otherwise whether involving Our negligence or not shall only extend to giving an appropriate credit for or repayment of the price paid by You for defective Goods. Subject to clauses 6.1 to 6.3 We shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract, any loss of turnover or of goodwill, or any damage to Your property.
 
6.6. Nothing in these conditions shall affect Your duty to mitigate Your losses. Save as set out above We shall not have any liability whatsoever to You under or if any way related to the sale and purchase of the Goods or otherwise (whether in contract, tort (including without limitation negligence) or by way of statutory duty) for any claims, loss or damage of any nature whatsoever including without limitation consequential losses of any nature whatsoever.
 
6.7. You shall indemnify Us in full for all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred by or paid by Us as a result of or in connection with any breach or non-compliance with any of the terms of these Conditions.
 
6.8. You shall at all times supply full and accurate information as required by us relating to Your business, Your personal details and any personal details of Your agents and representatives.
 
6.9. You warrant and represent that You shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to You in ordering and purchasing product from Us and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform Your obligations under or in connection with the order and purchase of products from Us.

7. Privacy Policy and Your Data

7.1. Any personal data You supply to Us will be held and processed in accordance with Our Privacy Policy.
 
7.2. In particular, We will collect, process and share Your data as follows;
 
7.2.1. We will share the information We hold about You with any group company, any Drop Shipment supplier or any other contractor or third party required for the fulfilment of Our Contract with You,
 
7.2.2. We may contact You by post, email, telephone, text/sms or Whatsapp with information about goods and services that We feel may be of interest to You that are similar to those You have already purchased.
 
7.2.3. We will not share or disclose Your personal data with any third party without Your consent except as set out in Our Privacy Policy.

8. Force Majeure

8.1. Notwithstanding any other condition We shall have no liability whatsoever under or in any way related to the sale and purchase of the Goods or otherwise (whether in contract, tort (including without limitation negligence) or by way of statutory duty) for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond Our reasonable control.
 

9. General

9.1. These Conditions shall be governed by Northern Ireland Law and You agree to submit to the exclusive jurisdiction of the Northern Ireland courts.
 
9.2. The Contract constitutes the entire agreement between Us and You. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Us which is not set out in a Contract.
 
9.3. No waiver by Us of any breach of these Conditions by You shall be considered a breach as a waiver of any subsequent breach.
 
9.4. If any provision of these Conditions is held by any court to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions or the remainder of the provision in question shall not be affected.