"Agreed Purposes" means the Clearance Firm providing quotations for the supply of Clearance services to a Customer identified in a Lead who are desirous of receiving a quotation.

"Business Day" means a day (other than a Saturday, Sunday or public holiday) on which banks are open for the transaction of business in sterling in the City of London.

"Credit" means a credit to the account of a Clearance Firm in accordance with these terms and conditions in respect of a Duplicate Lead, Incorrect Lead or a Fictitious Lead. Such credit shall be as determined by Compare My Move with respect to the Lead in question and such credit may not be "cashed in" or otherwise claimed or used by a Clearance Firm and may only be used to offset payment against any Lead supplied in future by Compare My Move.

“Customer” means the person(s) identified in a Lead who are desirous of receiving quotations from Clearance Firms for the supply of Clearance services.

"Customer Personal Data" means the personal data (as defined in Data Protection Legislation) to be provided by Compare My Move under these terms and conditions, which includes the name, addresses, contact information (telephone numbers and email addresses) of, and other personal data or special category data (as defined in Data Protection Legislation) included in a form submitted by, Customers identified in a Lead.

“Compare My Move” means Compare My Move Limited (company number: 08247219) whose registered office is at 33-35 Cathedral Road, Cardiff, CF11 9HB or any other company that Compare My Move Limited may elect to provide Leads to Clearance Firms.

"Data Protection Legislation" means (i) the Data Protection Act 2018, (ii) the General Data Protection Regulation ((EU) 2016/679) ("GDPR") and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the United Kingdom, and (iii) any successor legislation to the Data Protection Act 2018 and the GDPR.

"Duplicate Lead" means a Lead supplied by Compare My Move to a Clearance Firm that contains identical information to that of another Lead supplied by Compare My Move to that Clearance Firm at any time in the preceding 20 Business Days.

"Fictitious Lead" means a Lead supplied by Compare My Move to a Clearance Firm that although replicates the information supplied by the Customer to Compare My Move is in fact spurious and for which there is no genuine contactable Customer.

"Incorrect Lead" means a Lead supplied by Compare My Move to a Clearance Firm that contains incorrect information supplied by a Customer to Compare My Move that results in a Clearance Firm not being able to contact that Customer by both email and telephone.

“Lead(s)” means a Clearance enquiry that has been sent to the Clearance Firm(s)

"Nominated Catchment Area" means the postcode areas specified within a Clearance Firm's registration form for which they wish to receive Lead(s) in respect of and as updated from time to time in accordance with these terms and conditions.

"Nominated Contact" means the person(s) specified on a Clearance Firm's registration form as the person(s) through whom all communications between the Clearance Firm and Compare My Move under these terms and conditions are to be channelled as updated from time to time in accordance with these terms and conditions.

"Permitted Recipients" means the Clearance Firm and the employees of the Clearance Firm, engaged to perform obligations in connection with these terms and conditions. "Clearance Firm" means the relevant business or company that is registered with Compare My Move in respect of the provision of Leads by Compare My Move to them.

Service description

Compare My Move offers Leads to Clearance Firms across the UK on the terms set out herein. Customers visiting our website fill in our form and request quotations for their Clearance requirements from Clearance Firms in their area. The following terms and conditions govern the relationship between Compare My Move and each Clearance Firm in respect of the provision of Leads by Compare My Move to that Clearance Firm.

Service

1. Subject to paragraphs 3, 6 and 11 below, Compare My Move shall endeavour to send Leads to Clearance Firms in respect of their Nominated Catchment Area. A Clearance Firm can add or remove any postcode area from its Nominated Catchment Area by its Nominated Contact giving not less than five Business Days' notice by email to Compare My Move.

2. Any Leads to be provided by Compare My Move under these terms of conditions are to be sent to the relevant Nominated Contact. At least one valid and active email address and working landline number for the Nominated Contact must be provided when registering with Compare My Move.

3. Compare My Move cannot guarantee the number of Leads that will be sent to Clearance Firms. Any Leads are sent at the sole discretion of Compare My Move.

4. Clearance Firms are entitled to state the amount of Leads which they wish to receive, which can be limited to the amount to be received on either a daily, weekly or a monthly basis. The minimum amount for this is 5 leads a day. Clearance Firms can elect to specify such a maximum amount by its Nominated Contact giving not less than five Business Days' notice by email to Compare My Move.

5. Clearance Firms are entitled to either cancel or suspend their registration with Compare My Move at any time to help control their budgets by its Nominated Contact giving not less than five Business Days' notice by email to Compare My Move. There is no time limit to any period of suspension. For the avoidance of doubt, Compare My Move will not be under any obligation whatsoever to provide Leads to any Clearance Firm that has given notice to cancel or suspend its registration in accordance with the provisions of this paragraph.

6. Any Clearance Firm that has suspended its registration in accordance with paragraph 6 is entitled to re-activate its account at any time by its Nominated Contact giving not less than 5 Business Days' notice by email to Compare My Move.

7. Clearance Firms may change their account details (including, but not limited to, the addition or removal of post code areas from their Nominated Catchment Area) at any time by its Nominated Contact giving not less than five Business Days' notice by email to Compare My Move specifying the details they wish to change.

8. Compare My Move only provides Leads to Clearance Firms and in no way guarantees business from any Lead. It is the responsibility of Clearance Firms to quote and tender to the Customer for the work contained in any Lead.

9. Based on the information provided by the Customer (only), Compare My Move agrees to provide Clearance Firms with a name, contact telephone number, email address and a brief description of the Clearance services sought by the Customer in respect of any Lead. Subject to paragraph 13, Compare My Move will be deemed to have supplied a Clearance Firm with sufficient information regarding a Lead and will be entitled to invoice the Clearance Firm in respect of such Lead once the information specified in this paragraph has been given to a Clearance Firms' Nominated Contact.

10. Compare My Move will send each Lead to no more than 6 Clearance Firms. Where there are more than the above set amounts of Clearance Firms eligible to receive a Lead, Compare My Move will select the relevant number of the eligible Clearance Firms entirely at random.

11. Subject to paragraph 14, in the event of the provision by Compare My Move of either (a) an Incorrect Lead or (b) a Duplicate Lead to a Clearance Firm, that Clearance Firm is entitled to a Credit in respect of that Incorrect or Duplicate Lead.

12. In order to claim a Credit a Clearance Firm must submit its request for such by reporting the lead via the ‘your leads’ section of their dashboard, within five Business Days of receiving the Incorrect or Duplicate Lead. There will be no right to any Credit in the event that Compare My Move is notified of any Incorrect or Duplicate Lead after the aforementioned five Business Day period has lapsed. For the avoidance of doubt, a Credit is the sole remedy for any Incorrect or Duplicate Lead and no refund of cash or any other payment on any account whatsoever shall be payable by Compare My Move to a Clearance Firm and no damages may be claimed.

13. Compare My Move has the right in its sole discretion to determine whether a Clearance Firm is entitled to a Credit in respect of Compare My Move providing a Fictitious Lead. A Clearance Firm wishing to claim a Credit in respect of a Fictitious Lead must submit their request for such by its Nominated Contact giving notice by email to Compare My Move within five Business Days of receiving the Fictitious Lead. Should Compare My Move determine that a Clearance Firm is entitled to a Credit in respect of Compare My Move providing it with a Fictitious Lead, a Credit is the sole remedy for such Fictitious Lead and no refund of cash or any other payment on any account whatsoever shall be payable by Compare My Move to a Clearance Firm and no damages may be claimed

14. Compare My Move has the right in its sole discretion to determine whether any Lead is to be classified as a Duplicate Lead, Incorrect Lead or Fictitious Lead as per these terms and conditions.

15. A Clearance Firm is in no way whatsoever permitted under these terms and conditions to pass on any Lead, or any Customer details contained within a Lead, to any third party whatsoever. To do such an act will be considered a material breach of these terms and conditions for the purpose of paragraph 37 and will render a Clearance Firm's registration with Compare My Move liable to immediate termination.

16. In registering with Compare My Move in order to receive Leads the parties acknowledge that Compare My Move may disclose Customer Personal Data to the Clearance Firm for the Agreed Purposes, and therefore each Clearance Firm agrees to comply with the following: -

the Clearance Firm will:

give full information to any data subject whose personal data may be processed under these terms or conditions of the nature such processing, and this includes giving notice that, on the termination of these terms and conditions, personal data relating to them may be retained by the Clearance Firm;

process the Customer Personal Data only for the Agreed Purposes;

not disclose or allow access to the Customer Personal Data to anyone other than the Permitted Recipients;

ensure that all Permitted Recipients are subject to written contractual obligations concerning the Customer Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by these terms and conditions;

ensure that it has in place appropriate technical and organisational measures, reviewed and approved by Compare My Move (where requested), to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;

not transfer any personal data received from Compare My Move outside the European Economic Area or the United Kingdom (where the United Kingdom is no longer part of the European Economic Area) unless the transferor ensures that:

the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR;

there are appropriate safeguards in place pursuant to Article 46 GDPR; or

one of the derogations for specific situations in Article 49 GDPR applies to the transfer;

the Clearance Firm shall assist Compare My Move in complying with all applicable requirements of the Data Protection Legislation and in particular, the Clearance Firm shall:

provide Compare My Move with reasonable assistance in complying with any data subject access request;

not disclose or release any Customer Personal Data in response to a data subject access request without first consulting Compare My Move wherever possible;

assist Compare My Move, at the Clearance Firm own cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators where such matters relate to or concern the Clearance Firm;

notify Compare My Move without undue delay on becoming aware of any breach of the Data Protection Legislation;

at the written direction of Compare My Move, delete or return Customer Personal Data and copies thereof to Compare My Move on termination of these terms and conditions unless required by law to store the personal data;

use compatible technology for the processing of Customer Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;

maintain complete and accurate records and information to demonstrate its compliance with this paragraph 18 and allow for audits by Compare My Move or its designated auditor; and

provide Compare My Move with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the Data Protection Legislation;

has in place adequate insurance cover to guard against any loss that may be caused to any Customer's goods, property and / or possessions whilst providing Clearance services to any Customer.

For the purpose of this paragraph, "controller", "data controller", "processor", "data processor", "data subject", "personal data", "processing" and "appropriate technical and organisational measures" are as defined in the Data Protection Legislation in force at the time.

17. A Clearance Firm agrees to indemnify Compare My Move against any losses, liabilities, claims, actions and damage that Compare My Move may incur as a result of a Clearance Firm's breach of paragraph 16 above or the Data Protection Legislation. Additionally, the parties acknowledge that a breach of paragraph 16 or the Data Protection Legislation will be considered a material breach of these terms and conditions for the purposes of paragraph 36 below.

18. Compare My Move operates a code of practice that we require all Clearance Firms to adhere to, as outlined below. In registering with Compare My Move, you agree to comply with the following standards. Each Clearance Firm shall: -

• contact the customer within 48 hours of receiving the Lead.
• provide a comprehensive and easy to understand quotation.
• if undertaking the job, ensure that all necessary steps have been taken to complete the job as agreed with the customers.
• ensure staff are competently trained and monitored.
• if relevant ensure all employees while on jobs are uniformed and conduct themselves with a professional and hard-working attitude.
• have sufficient insurance in place to cover the true value of customer belongings unless customer has arranged insurance themselves.
• have a full set of Terms and Conditions for use with all customers.
• provide quality customer service throughout and always put the customers' needs first at all times; and
• offer quality after-sales service whenever required.

19. Compare My Move operates ongoing monitoring processes and failure of Clearance Firms to adhere to our codes of practice can result in the termination of your registration with Compare My Move. Any breach of the above code of practice will be considered a material breach of these terms and conditions for the purposes of paragraph 36.

20. Compare My Move does not accept any responsibility to Clearance Firms for:-

• contracts that Clearance Firms enter into with Customers.
• any payments agreed to be paid by Customers to Clearance Firms; or
• any disputes that may arise between a Clearance Firms and a Customer.

21. Compare My Move also does not in any way whatsoever guarantee:-

• that a Lead may actually result in a Customer contracting with or otherwise engaging any Clearance Firm to which a Lead has been supplied;
• a Customer's level of interest;
• a Customer's desire to have the work detailed in any Lead carried out;
• a Customer's creditworthiness or their ability to pay; or
• the accuracy of the information provided by any Customer.

Payment

22. Clearance Firms agree to pay a fixed sum for every Lead received from Compare My Move, dependent on the category of Lead received. The price breakdown for each category of Lead is as follows:-

• London** leads £9.50*
• Outside London leads - £7.00*

*All prices are exclusive of VAT

** London is deemed to be the following postcode areas by Compare My Move:

• London East (E)
• London East Central (EC)
• London North (N)
• London North West (NW)
• London South East (SE)
• London South West (SW)
• London West (W)
• London West Central (WC)
• Bromley (BR)
• Croydon (CR)
• Dartford (DA)
• Enfield (EN)
• Ilford (IG)
• Harrow (HA)
• Romford (RM)
• Sutton (SM)
• Twickenham (TW)
• Kingston-upon-Thames (KT)
• Southall (UB)
• Watford (WD)

Any partner account that is paused for over 3 months will have their lead credits expire and be removed from the account unless otherwise agreed with the partner support team.

23. Subject to paragraph 26, Compare My Move offer two payment account options to Clearance Firms that are registered with Compare My Move: one is a credit account, which are offered entirely at the discretion of Compare My Move, and the other is a pay as you go account ("PAYGA"), both of which are more fully explained below.

24. Credit accounts are offered by Compare My Move as a method of payment entirely at its discretion and is under no obligation to offer a credit account facility. In agreeing to open a credit account for a Clearance Firm, Compare My Move may, in its discretion, require any Clearance Firm to make a payment on account for such amount as Compare My Move considers appropriate and / or impose a monthly credit limit on that Clearance Firm's credit account.

25. Clearance Firms that Compare My Move permits to pay for Leads by way of a credit account will be invoiced by Compare My Move on or around the 1st of each month for all Leads supplied to that Clearance Firm in the previous month. Payment of these invoices is to be made by direct debit and will be taken from a Clearance Firm's designated account on or after the 15th of every month.

26. Clearance Firms holding a PAYGA are required to deposit funds to keep their account in credit to receive Leads. A minimum £50.00 deposit is required to activate a PAYGA. A Clearance Firm, if it so wishes, can provide a continuous payment authority to allow Compare My Move to take payments for such amounts and at such regularity as that Clearance Firm may decide. If a continuous payment authority has been given by any Clearance Firm, it may elect to revoke this authority at any time by its Nominated Contact giving Compare My Move not less than five Business Days' notice by email of such revocation. For the avoidance of doubt, Compare My Move is not obliged to take payments from such credit/debit card provided as a part of the continuous payment authority and it is the Clearance Firm's responsibility to ensure that its account has sufficient credit in order to receive Leads.

27. In the event that the balance of a Clearance Firm's PAYGA falls to an amount that is less than the cost of any one Lead ("the Minimum Balance"), that Clearance Firm's registration will be deemed suspended in accordance with the provisions of paragraph 6 and, as such, Compare My Move will be under no obligation to provide Leads to that Clearance Firm during the period of suspension. Once a Clearance Firm's PAYGA balance is increased to a level above the Minimum Balance, the PAYGA in question will be deemed immediately re-activated and that Clearance Firm will be immediately eligible to receive Leads. For the avoidance of doubt, where a Clearance Firm has chosen to receive various types of Leads, the Minimum Balance for the purpose of this paragraph shall be by reference to the cost of the most expensive Lead that they have chosen to be supplied with.

28. Any late payments by a Clearance Firm under these terms and conditions will incur a charge of £25.00. A late payment is for any payment received after the due date indicated on an invoice. In addition, where Compare My Move has unsuccessfully attempted to collect a payment by direct debit from a Clearance Firm for any amount that is owed in accordance with these Terms and Conditions, the Clearance Firm's account with Compare My Move will be immediately deemed suspended in accordance with the provisions of paragraph 6 and will only be reactivated the Clearance Firm has repaid all outstanding amounts by it to Compare My Move, which, for the avoidance of doubt, shall include the charge of £25.00 imposed by this paragraph.

29. Compare My Move reserves the right to impose further charges if invoices become seriously overdue (more than 14 days). These can include interest, costs for outsourced debt collection and/or solicitors & court costs if necessary.

30. If a Clearance Firm elects to cancel its account with Compare My Move in accordance with these Terms and Conditions, any amount that the Clearance Firm has in credit with Compare My Move within its PAYGA will be refunded to that Clearance Firm within 15 Business Days of cancellation, subject to the right of Compare My Move to apply such credit towards satisfying any other outstanding debts that the Clearance Firm has with Compare My Move.

Clearance firms accounts terms

31. To meet Compare My Move’s vetting process, Compare My Move may require Clearance Firms to submit certain documentation to support their applications. The documentation that Compare My Move may require could include any or all of the following:

• proof of your business' / company's insurance documents (copy);
• proof of your business' / company's waste licence (copy)
• a form of photo identification for the principal owners of the business / principal shareholder - either passport or driving licence (copy);
• your business' / company's terms and conditions (copy or link to relevant page of website); and
• proof of any trade association memberships, if applicable (copy).

32. Clearance Firms agree and acknowledge that the contact information provided for the Nominated Contact within its registration form is correct. Any changes to the Nominated Contact's contact information must be notified to Compare My Move by the Nominated Contact giving Compare My Move not less than five Business Days' notice by email. The variation to this contact information will become effective on the expiry of this period.

33. If a Clearance Firm's Nominated Contact's contact information changes and no notice of this has been given to Compare My Move in accordance with paragraph 35 above, any Leads sent to the Clearance Firm's Nominated Contact will be charged at the full rate even if they are not in fact received due to the change of contact information that Compare My Move had not been notified of.

34. Compare My Move reserves the right to increase the price of for the supply of Leads at any time.

35. As part of our ongoing monitoring service Compare My Move may contact customers to obtain feedback and testimonials regarding the services, they have received by Clearance Firms. Clearance Firms agree that any such information is the property of Compare My Move and agree to Compare My Move displaying any such information on its website. Furthermore, Clearance Firms agree not to publish this information on their own websites for marketing materials without the written permission of Compare My Move. Any such use of information will be considered a material breach of these terms and conditions for the purpose of paragraph 36.

36. Compare My Move will be entitled to terminate a Clearance Firm's registration with immediate effect on giving notice by email to a Clearance Firm in the event of any of the following occurring:-

• the Clearance Firm suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
• the Clearance Firm commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
• (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Clearance Firm, other than for the sole purpose of a scheme for a solvent amalgamation of the Clearance Firm with one or more other companies or the solvent reconstruction of the Clearance Firm;
• (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Clearance Firm;
• (being a company) the holder of a qualifying floating charge over the Clearance Firm's assets has become entitled to appoint or has appointed an administrative receiver;
• a person becomes entitled to appoint a receiver over the Clearance Firm's assets or a receiver is appointed over the Clearance Firm's assets;
• (being an individual) the Clearance Firm is the subject of a bankruptcy petition or order;
• a creditor or encumbrancer of the Clearance Firm attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
• any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in the preceding provisions of this paragraph;
• the Clearance Firm suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
• the Clearance Firm's financial position deteriorates to such an extent that in Compare My Move's opinion the Clearance Firm's capability to adequately fulfil its obligations towards Customer is jeopardised;
• (being an individual) the Clearance Firm dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health
• a Clearance Firms committing any material breach of these terms and conditions; or
• a Clearance Firms being late in making any payment to Compare My Move on any three occasions.
• 40. On termination of a Clearance Firm's registration in accordance with the provisions of paragraph 39, a Clearance Firm shall immediately pay to Compare My Move all amounts owed to Compare My Move arising on any account whatsoever together with any interest accruing thereon.

Miscellaneous

37. Nothing in these terms and conditions shall exclude Compare My Move's liability for death or personal injury caused by its, or its employees, negligence, for fraud or fraudulent representation or for any other matter in respect of which it would be unlawful for Compare My Move to exclude or restrict liability.

38. Subject to paragraph 41:-

• Compare My Move shall under no circumstances whatever be liable to any Clearance Firm, 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 these terms and conditions; and
• Compare My Move's total liability to a Clearance Firm in respect of all other losses arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% the fees received by Compare My Move from the relevant Clearance Firm in the previous twelve months.

39. Neither party shall be liable for any failure or delay in performing its obligations under these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

40. Compare My Move may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these terms and conditions. A Clearance Firm may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under terms and conditions without the prior written consent of Compare My Move.

41. Unless otherwise provided in these terms and conditions, any notice given to a party under or in connection with these terms and conditions shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.

42. A notice or other communication shall be deemed to have been received:-

• if delivered personally, when left at the address referred to paragraph 45;
• if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
• if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or
• if sent by fax or e-mail, one Business Day after transmission.

43. Without prejudice to paragraph 46, any notices to be sent by email in accordance with these terms and conditions shall:-

• if to be given by a Clearance Firm to Compare My Move, be sent to info@comparemymove.com; and
• if to be given by Compare My Move to a Clearance Firm, be sent to any one of the email addresses that a Clearance Firm may have specified for its Nominated Contact.

44. The provisions of paragraphs 46 and 47 shall not apply to the service of any proceedings or other documents in any legal action

45. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.

46. A waiver of any right or remedy under these terms and conditions or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

47. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between Compare My Move and any Clearance Firm, constitute Compare My Move or any Clearance Firm the agent of the other, or authorise Compare My Move or any Clearance Firm to make or enter into any commitments for or on behalf of the other.

48. A person who is not a party to the contract formed by these terms and conditions between Compare My Move and a Clearance Firm shall not have any rights to enforce its terms.

49. Compare My Move reserves the right to vary the provisions of these terms and conditions (including the price of any type of Lead) at any time by giving 10 Business Days' written notice in advance of such changes. Unless a Conveyancing Firm terminates their registration with Compare My Move within this period, they will automatically be bound by the terms and conditions after this 10 Business Day period lapses.

50. These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and Compare My Move and Clearance Firms each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).