the terms & conditions
This document is a contractual agreement made between:
Hey Sunday (the terms “me” or “my” shall likewise refer to Hey Sunday).
6070 Birmingham Business Park
Tel: 07917 118998
Email: email@example.com ; and,
You, (referred to here as the “Client” or “You”)
These Terms and Conditions are the standard terms for the provision of services to consumers by Hey Sunday.
Table of Contents
1. Definitions and Interpretation 3
2. Contracts 4
3. Orders 6
4. Price and Payment 7
5. Hey Sunday’s Services 9
6. Copyright and Intellectual Property Rights 12
7. Problems with Hey Sunday’s Services and Your Legal Rights 15
8. Hey Sunday’s Liability 18
9. Our Obligations 23
10. Your Obligations 24
10. Force Majeure 26
11. Your Personal Information 28
12. Entire Agreement 28
13. Termination 29
14. Other Important Terms 29
15. Governing Law and Jurisdiction 30
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the United Kingdom;
“Calendar Day” means any day of the year;
“Contract” means a legally binding contract for the provision of the Services, as explained in Clause 3;
“Month” means a calendar month;
“Order” means your order for the Services as described from time-to-time on Hey Sunday’s website;
“Order Confirmation” means Hey Sunday’s acceptance and confirmation of your Order;
“Programme” means a programme of Hey Sunday’s Services, as detailed on Hey Sunday’s website;
“Hey Sunday’s Services” means the services provided by Hey Sunday;
“Price” means the price payable for Hey Sunday’s Services (excluding any additional costs incurred under sub-Clause 4.4).
“Site” means www.heysunday.co and www.heysunday.mn.co and other related websites used for delivering Hey Sunday's Services
1.2 Each reference in these Terms and Conditions to ‘writing’ and any similar expression includes electronic communications whether sent by e-mail, text message or other means.
2.1 These Terms and Conditions govern the sale and provision of Hey Sunday’s Services and will form the basis of the Contract between you and Hey Sunday. Under the Contract, Hey Sunday will provide Hey Sunday’s Services and you will pay for them in accordance with the terms set out in these Terms and Conditions. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.
2.2 Nothing provided by Hey Sunday including, but not limited to, sales and marketing literature, price lists and other material constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that Hey Sunday may, at their sole discretion, accept in writing.
2.3 Order Confirmations will be provided in writing, normally in the form of an e-mail to you at the e-mail address given in your Order (which Hey Sunday will also use as the main means of contact with you unless otherwise specified). The Contract will be created when Hey Sunday sends to you by email the Order Confirmation upon terms described therein, in accordance with Section 3.5, below.
2.4 The following information will be given or made available to you prior to the formation of the Contract between you and Hey Sunday, save for where such information is already apparent from the context of the Order:
2.4.1 the main characteristics of Hey Sunday’s Services;
2.4.2 the total Price for Hey Sunday’s Services including taxes or, if the nature of Hey Sunday’s Services are such that the Price cannot be calculated in advance, the manner in which it will be calculated;
2.4.3 Hey Sunday’s terms and conditions, complaints handling and privacy policies;
2.4.4 any provisions regarding the duration of the Contract that may not be apparent or otherwise stated in the terms and conditions;
2.4.5 where applicable, the functionality, including appropriate technical protection measures, of digital content; and,
2.4.6 where applicable, any relevant compatibility of digital content with hardware and software that Hey Sunday is aware of or might reasonably be expected to be aware of.
3.1 All Orders for Hey Sunday’s Services made by You will be subject to these Terms and Conditions.
3.2 When placing an Order, you will be required to provide the following details:
3.2.1. your name and email address;
3.2.4 the Services you wish to select; and,
3.3 Your Order is non-refundable except in the sole discretion of Hey Sunday;
3.4 If your Order is changed pursuant to your request, Hey Sunday will inform you of any change to the Price in writing.
3.5 Your Order will be accepted and a legally binding contract formed when Hey Sunday sends to you the Order Confirmation as stated in Clause 2.3.
4. Price and Payment
4.1 The Price of Hey Sunday’s Services will be calculated based upon the Programme that you choose, as detailed on Hey Sunday’s website at the time of your Order.
4.2 Hey Sunday’s prices may change at any time but these changes will not affect Orders that have already been accepted.
4.3 All Prices will show the VAT applicable, if any. If the rate of VAT changes between the date of your Order and the date of your payment, Hey Sunday will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where you have already made payment in full.
4.4 Based upon your special requests, Hey Sunday may, with your prior agreement, charge reasonable expenses in addition to the Price, including travel, sustenance and accommodation, and additional service costs, as well as any fees relating to changes you wish to make with your Order, and will require payment by you in full prior to delivery of the final images. No such sums will be incurred or charged without your prior written agreement.
4.5 You must pay at the time of placing your Order, failing which your Order will be deemed cancelled. Payment must be made through our online payment system or, in certain circumstances, by electronic bank transfer to a bank account nominated by Hey Sunday and must arrive as cleared funds prior to any Services being provided. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in British Pounds.
4.6. Any additional expenses agreed under Clause 4.4 above will be invoiced separately.
4.7 Where any refund is due to you under any of the provisions of these Terms and Conditions, such refunds will be made as soon as is reasonably possible, and in any event within 14 Calendar Days of the event or circumstance leading to a refund being due to you. Any refund payment shall be made by the same payment method originally used by you unless Hey Sunday agrees to an alternative method.
5. Hey Sunday’s Services
5.1 As required by law, Hey Sunday will provide the Services with reasonable skill and care, consistent with best practices and standards in the relevant market.
5.2 When placing your Order, you will be asked to choose your Programme.
The Rebel Rouser programme contains the following sections:
Nice people finding out cool stuff
Where’s the lay of the land, my son?
Welcome to the Pleasuredome
Future Proof Your Life
5.4. The Site may include a variety of features within the community network, such as articles, quick posts, discussions, exercises, experiments, all of which allow real-time interaction, discussion and communication between users and Hey Sunday. Responsibility for what is posted on bulletin boards, web logs, community forums, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site, however we do reserve the right to remove any content that contravenes Hey Sunday guidelines.
5.5.1 To access certain features of Hey Sunday, we may ask you to provide certain information including your name, how you identify yourself, year of birth, e-mail address and country of residence.
5.5.3 The Programmes have been developed and curated by Hey Sunday. Hey Sunday has contracted with two companies to provide the technology platforms for the Programmes:
a) Mighty Networks. Mighty Networks have their own Terms and Conditions (the “Mighty Policies”) at:
The Mighty Policies apply to www.heysunday.mn.co ; and
The Survey Anyplace Policies apply to https://s.surveyanyplace.com
When you sign up to our Programmes websites, you understand and consent to Mighty Policies and Survey Anyplace Policies as well as these Hey Sunday Terms and Conditions.
5.6.1 To use certain features of Hey Sunday, you will need a username and password, which you will receive through the registration process.
5.6.2 You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account.
5.6.3 You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
5.6.4 We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. Do not share your Password with anyone.
6. Copyright and Intellectual Property Rights
6.1 This Site and all the materials available on the Site are the property of Hey Sunday, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
6.2 By posting or submitting any material (including, without limitation, comments, blog entries, social media postings, photos and videos) to Hey Sunday via the Site, internet groups, social media venues, or to any of Hey Sunday staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are sixteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting Hey Sunday, and anyone authorized by Hey Sunday, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
6.3 You acknowledge that Hey Sunday has the right but not the obligation to use and display any postings or contributions of any kind and that Hey Sunday may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
6.4 You acknowledge and agree that the content provided by you as well as any conclusions and assessment that we provide to you may be used by us for research, innovation, case studies, and commercial purposes in our discretion. Your data may be aggregated for research and comparison purposes.
6.5 Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship or endorsement of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
7. Problems with Hey Sunday’s Services and Your Legal Rights
7.1 Hey Sunday will always use its reasonable efforts to ensure that the provision of Hey Sunday’s Services is trouble-free. If, however, there is a problem with Hey Sunday’s Services, please inform Hey Sunday as soon as is reasonably possible.
7.2 Hey Sunday will use reasonable efforts to remedy problems with Hey Sunday’s Services as quickly as is reasonably possible and practical.
7.3 Hey Sunday will not charge you for remedying serious deficiencies or defects in its Services under this Clause 7 where the deficiencies or defect(s) are not related to anything you have or have not done. If Hey Sunday determines that the problem has been caused by any action or omission on your part, Hey Sunday may charge you a reasonable sum for remedial work required.
7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If Hey Sunday does not perform Hey Sunday’s Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If Hey Sunday’s Services are not performed in line with information that Hey Sunday has provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Hey Sunday’s breach concerns information about Hey Sunday that does not relate to the performance of Hey Sunday’s Services), you have the right to a reduction in price. If for any reason Hey Sunday is required to repeat Hey Sunday’s Services in accordance with your legal rights, Hey Sunday will not charge you for the same and will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Hey Sunday, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which Hey Sunday agrees that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to Hey Sunday’s Services, you also have remedies if Hey Sunday provides goods that are not of satisfactory quality, not fit for purpose, not as described, or not in accordance with models or samples shown (unless differences have been brought to your attention).
7.5 As a consumer you have certain legal rights with respect to digital content. If any work produced for you under these Terms and Conditions is supplied as digital content, these rights may apply to you. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Any digital content that Hey Sunday supplies to you must be of satisfactory quality, it must be fit for purpose (where any such purpose has been made known to Hey Sunday, whether expressly or by implication), and it must match any description and other information given by Hey Sunday. Due to the nature of digital content you are unable to reject digital content which does not comply with the above; however, you may have the right to a repair or replacement or, if these are not possible, to a price reduction up to the full Price. In cases where a price reduction applies and you have already made payment(s) to Hey Sunday, you may be due a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which Hey Sunday agrees that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. If digital content provided by Hey Sunday under these Terms and Conditions damages your device(s) as a result of Hey Sunday’s failure to exercise reasonable skill and care, you also have the legal right to compensation for such damage which may take the form of a repair or replacement, or financial compensation.
7.6 Any claim you make as to an alleged defect in or your dissatisfaction with the Services provided must be received by Hey Sunday within 5 days of your receipt of the Services, accompanied by a written description specifying the defect or the cause or your dissatisfaction. As to any Services provided for which a written claim has not been made within the 5 day period permitted under this section 7.6, such Services shall be conclusively deemed conforming in all respects to the Contract and accepted by you.
7.7 The foregoing warranties are in lieu of all other warranties and Hey Sunday hereby disclaims all other warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No employee, representative or agent of Hey Sunday, other than Giles Sibbald or Saskia Nelson, is authorised to make any warranty in addition to the foregoing.
8. Hey Sunday’s Liability
8.1. Subject to clause 8.2 below:
8.2 Your exclusive and sole remedy for any cause or claim whatsoever, including but not limited to, alleged breach or warranty, product liability, negligence or otherwise shall be for money damages in an amount not to exceed 110% of the total amount paid by you to Hey Sunday. In no event shall Hey Sunday be liable for special, incidental or consequential damages, whether your claim is in contract, negligence, strict liability or otherwise in consideration of the sale of the photographs and service to you. This limitation applies regardless of whether Hey Sunday has been advised of the possibility of such damage and regardless of whether such damage is due to your anticipated use or any personal, professional investment or reliance you may make upon the photographs or the service provided.
8.3. Hey Sunday will be providing the Services for private (i.e. non-commercial) purposes only. Hey Sunday makes no warranty or representation that Hey Sunday’s Services are fit for commercial, business or industrial purposes of any kind. By making your Order, you agree that you will not in any manner use Hey Sunday’s Services in any such context. Hey Sunday will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
8.4 Our assessment tools are designed to identify traits, habits, skills, attributes, competencies & preferences and not physical, medical or mental conditions. This assessment should not be used for the purposes of hiring or firing in violation of any anti-discrimination laws, including, but not limited to the Equality Act 2010 and successors in the UK (and equivalent in your country of residence). In this regard, you agree to protect, defend, indemnify and hold Hey Sunday harmless against any and all claims relating to the use if our assessment and this site in violation of any applicable law, rule or regulation.
The Site is continually under development and Hey Sunday makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
You acknowledge and agree that no representation has been made by Hey Sunday or any affiliates to be relied upon as to your future income, expenses, sales volume or potential profitability that may be derived from the participation in our Services.
8.5 Neither Hey Sunday nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial, investment, tax or legal advisers and nothing contained on the Site is intended to be or to be construed as wellbeing, healthcare, financial, investment, tax, accounting, legal or related advice. The Services are not intended to be or construed to be psychology, healthcare, financial, investment, tax, accounting, legal or related advisory services.
8.6 The Site exists for educational and self-development purposes only, and the materials and information contained herein are for general information, education and self-development purposes only. The information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The information contained in this Site (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute wellbeing, healthcare, financial, investment, tax, accounting, legal or related advice.
8.7 Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, characteristics, personal effort and many other circumstances may and will cause results to vary.
8.8 The information provided is on an “as is” basis. Hey Sunday does not promise or guarantee any income or particular result from your use of the information contained herein. Those results are your responsibility as the end user of Hey Sunday. In particular, Hey Sunday shall not be liable to you or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the product or services. You should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate you should consult your own wellbeing, healthcare, financial, investment, legal, tax, accounting or other advisors.
8.9 Your use of the information contained herein is at your own risk. The content is provided ‘as is’ and without warranties of any kind, either expressed or implied. Hey Sunday disclaims all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
8.10 Hey Sunday assumes no liability or responsibility for errors or omissions in the information contained herein.
8.11 Hey Sunday will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including, but not limited to, loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Hey Sunday has been advised of the possibility of such damages. In no event will the collective liability of Hey Sunday to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of 110% of the amount you have paid to Hey Sunday for the information, product or service out of which liability arose.
8.12 Under no circumstances will Hey Sunday be liable for any loss or damage caused by your reliance on the information contained herein. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained herein. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
9. Our Obligations
9.1 Hey Sunday or its designated agents may remove or alter any user-created content at any time for any reason. Our community network is intended to serve as discussion, education and self-development centres for users and subscribers. Information and content posted within these forums may be provided by Hey Sunday staff and representatives, Hey Sunday‘s outside contributors, or by users not connected with Hey Sunday. Hey Sunday expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Hey Sunday or any of its subsidiaries or affiliates.
9.2 Hey Sunday has no obligation whatsoever to monitor any of the content or postings on the message boards, community or other forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
10. Your Obligations
It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
10. Force Majeure
10.1 Hey Sunday will not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Hey Sunday’s reasonable control.
10.2 If any event described under this Clause 11 occurs that is likely to adversely affect Hey Sunday’s performance of its obligations under these Terms and Conditions:
10.2.1 Hey Sunday will inform you as soon as is reasonably possible;
10.2.2 Hey Sunday’s obligations under these Terms and Conditions will be suspended and any time limits that it is bound by will be extended accordingly (where such extension is reasonably possible);
10.2.3 Hey Sunday will inform you when the event outside of its reasonable control is over and provide any alternatives as necessary;
11. Your Personal Information
11.1 All personal information that Hey Sunday may collect (including, but not limited to, your name, e-mail address and year of birth) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
11.2 Hey Sunday may use your personal information to:
11.2.1 provide Hey Sunday’s Services to you;
11.2.2 process your payment for Hey Sunday’s Services;
11.2.3 inform you of new products and services available from Hey Sunday. You may request that Hey Sunday stops sending you this information at any time;
11.2.4 Hey Sunday will not pass on your personal information to any third parties except in connection with a limited number of third parties that help Hey Sunday provide the Services to you
11.3 Should you wish to see a copy of the information we hold about you or have your details removed from our database, please advise us in writing.
12. Entire Agreement
These Terms contain the entire agreement between Hey Sunday and you and supersede all prior agreements between the parties. The Terms may be changed from time-to-time by Hey Sunday, so please check back here regularly for updates.
Hey Sunday may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
14. Other Important Terms
14.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Hey Sunday’s express written permission.
14.2 The Contract is between you and Hey Sunday. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.4 No failure or delay by Hey Sunday in exercising any of their rights under these Terms and Conditions means that Hey Sunday has waived that right, and no waiver by Hey Sunday of a breach of any provision of these Terms and Conditions means that Hey Sunday will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions, the Contract, and the relationship between you and Hey Sunday (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
15.2 Any dispute, controversy, proceedings or claim between you and Hey Sunday relating to these Terms and Conditions, the Contract, or the relationship between you and Hey Sunday (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.