Terms & Conditions
THROXY TERMS OF SERVICE
Last updated: 08/10/2026
AGREEMENT TO OUR TERMS
We are THROXY LTD ("Throxy", "we", "us" or "our"), a company registered in England and Wales under company number 15078234, with our registered office at 128 City Road, London EC1V 2NX, United Kingdom. Our VAT number is GB 491623088.
We operate the website https://throxy.com (the "Site") and provide related B2B sales and lead-generation software, products and services (together with the Site, the "Services").
These Terms of Service (the "Terms") constitute a legally binding agreement between Throxy and the business, company or other organisation on whose behalf the Services are accessed ("Customer", "you" or "your"). By accessing or using the Services, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Services.
BUSINESS CUSTOMERS ONLY
The Services are provided exclusively for business purposes. These Terms apply only to customers acting in the course of a trade, business, craft or profession. Consumers (as defined in section 2(3) of the Consumer Rights Act 2015, being individuals acting for purposes wholly or mainly outside their trade, business, craft or profession) are not permitted to use the Services.
If you accept these Terms on behalf of a business or other organisation, you represent and warrant that you have authority to bind that organisation to these Terms. Each individual user permitted by you to access the Services (an "Authorised User") must be at least 18 years old, and you are responsible for all acts and omissions of your Authorised Users.
ORDER OF PRECEDENCE
Where Throxy and the Customer have entered into a signed Master Services Agreement ("MSA"), order form, statement of work or other written agreement relating to the Services (each a "Signed Agreement"), the Signed Agreement shall take precedence over these Terms to the extent of any conflict or inconsistency. Subject to that, in the event of conflict the following order of precedence applies: (a) the Signed Agreement; (b) the Data Processing Agreement; (c) these Terms; and (d) any policies or documents referred to in these Terms.
CHANGES TO THESE TERMS
We may amend these Terms from time to time. Where we make a material change, we will give paying Customers at least 30 days' prior notice by email to the address associated with the Customer's account, and will publish the updated Terms on the Site with a revised "Last updated" date. Non-material changes (for example, corrections of typographical errors) take effect on publication.
If you object to a material change, you may terminate your subscription by giving us written notice before the change takes effect, in which case the change will not apply to you for the remainder of your then-current Subscription Term. Your continued use of the Services after a change takes effect constitutes acceptance of the amended Terms. Changes will not apply retrospectively.
TABLE OF CONTENTS
1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Prices and Payment
5. Subscriptions
6. Prohibited Activities
7. Customer Content
8. User Generated Contributions
9. Contribution Licence
10. Services Management
11. Term and Termination
12. Privacy and Data Protection
13. Modifications and Interruptions
14. Confidentiality
15. Governing Law
16. Dispute Resolution
17. Corrections
18. Disclaimer
19. Limitations of Liability
20. Indemnification
21. User Data
22. Third-Party Websites and Content
23. Electronic Communications, Transactions and Signatures
24. General Provisions
25. Contact Us
1. OUR SERVICES
1.1 The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in that jurisdiction. Persons who access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
1.2 The Services are not tailored to comply with industry-specific regulations (such as the Financial Services and Markets Act 2000 or health-sector regulations). If your interactions would be subject to such regulations, you must not use the Services for those purposes without our prior written agreement.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Our intellectual property. We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics (the "Content"), and the trade marks, service marks and logos contained in them (the "Marks"). Nothing in these Terms transfers ownership of any of our intellectual property rights to you.
2.2 Your use of the Services. Subject to your compliance with these Terms and payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence, for the Subscription Term, for your Authorised Users to access and use the Services and the Content solely for your internal business purposes.
2.3 Except as set out in this section 2 or elsewhere in these Terms, no part of the Services, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission. Requests for permission should be sent to privacy@throxy.com.
2.4 Feedback. If you provide us with any suggestions, ideas, comments or other feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that Feedback into the Services without restriction or obligation to you. Feedback does not include Customer Content (as defined in section 7), which remains subject to sections 7 to 9.
2.5 Customer Content. Intellectual property rights in Customer Content remain with you (or your licensors). You do not assign any intellectual property rights in Customer Content to us; instead you grant us the licence set out in section 9.
2.6 Any breach of this section 2 will constitute a material breach of these Terms and your right to use the Services will terminate immediately.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (a) all registration information you submit is true, accurate, current and complete; (b) you will maintain the accuracy of such information and promptly update it as necessary; (c) you have the legal capacity and authority to agree to and comply with these Terms; (d) you are acting in the course of your business and not as a consumer; (e) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise, except as expressly permitted by the Services; (f) you will not use the Services for any illegal or unauthorised purpose; and (g) your use of the Services will not violate any applicable law or regulation, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
If you provide any information that is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.
4. PRICES AND PAYMENT
4.1 Payment methods. We accept payment by credit or debit card and by bank transfer.
4.2 Fees and VAT. You agree to pay the fees set out in your order form, Signed Agreement or as displayed at the point of purchase (the "Fees"). All Fees are stated exclusive of value added tax ("VAT"), which, where applicable, will be added at the prevailing rate. Throxy's VAT registration number is GB 491623088. All Fees are payable in the currency set out in your order form or Signed Agreement (pounds sterling, US dollars or euros).
4.3 Account information. You agree to provide current, complete and accurate purchase and account information, and to promptly update account and payment details, including email address, payment method and card expiry date, so that we can complete your transactions and contact you as needed.
4.4 Payment terms. Unless otherwise stated in a Signed Agreement, Fees are payable in advance for each Subscription Term. Invoiced amounts are due within seven (7) days of the invoice date. You authorise us to charge your chosen payment provider for any such amounts on placement of your order and on each renewal.
4.5 Late payment. If you fail to pay any amount by its due date, we may, without prejudice to our other rights and remedies: (a) charge interest on the overdue amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until the date of actual payment, together with any fixed sum compensation and reasonable recovery costs to which we are entitled under that Act; and (b) on giving you at least 7 days' written notice, suspend your access to the Services until all overdue amounts are paid in full.
4.6 Price changes. We may change our Fees from time to time. Any change to the Fees will not apply to your current Subscription Term and will take effect only from the start of the next Subscription Term following at least 30 days' prior written notice to you by email. If you do not agree to the revised Fees, you may cancel your subscription in accordance with section 5 before the change takes effect.
4.7 Errors. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, and will refund or credit any amount overpaid as a result.
4.8 We reserve the right to refuse any order placed through the Services, acting reasonably.
5. SUBSCRIPTIONS
5.1 Subscription Term and renewal. Unless otherwise set out in a Signed Agreement, subscriptions are for an initial term of three (3) months (the "Initial Term"). After the Initial Term, subscriptions automatically renew for successive periods of one (1) month (each a "Renewal Term" and, together with the Initial Term, each a "Subscription Term"), unless either party gives the other at least thirty (30) days' prior written notice of termination. Termination takes effect on the expiry of that notice period, and not before the end of the Initial Term.
5.2 Free trial. Where we offer a free trial, the trial period and any conditions will be specified at sign-up. At the end of any free trial, your account will be charged according to the subscription you have chosen unless you cancel before the trial ends.
5.3 Cancellation. You may cancel your subscription by emailing us using the contact details in section 25. Cancellation takes effect in accordance with section 5.1.
5.4 Fees non-refundable. Except as expressly set out in these Terms (including sections 11.4 and 13.1) or a Signed Agreement, or as required by law, Fees paid are non-cancellable and non-refundable, and no refund or credit will be given for partial Subscription Terms or unused Services. As the Services are offered to business customers only, the cancellation rights afforded to consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply.
5.5 Fee changes. Any change to subscription Fees is subject to section 4.6.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:
(a) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission; (b) trick, defraud or mislead us or other users, including any attempt to learn sensitive account information such as passwords; (c) circumvent, disable or otherwise interfere with security-related features of the Services; (d) disparage, tarnish or otherwise harm, in our reasonable opinion, us or the Services; (e) use any information obtained from the Services to harass, abuse or harm another person; (f) make improper use of our support services or submit false reports of abuse or misconduct; (g) use the Services in a manner inconsistent with any applicable laws or regulations, including data protection and direct marketing laws; (h) engage in unauthorised framing of or linking to the Services; (i) upload or transmit viruses, Trojan horses or other material that interferes with any party's use of the Services; (j) engage in any automated use of the system, such as using scripts, data mining, robots or similar data gathering and extraction tools, except as permitted by the Services; (k) delete the copyright or other proprietary rights notice from any Content; (l) attempt to impersonate another user or person or use the username of another user; (m) interfere with, disrupt or create an undue burden on the Services or the networks connected to the Services; (n) attempt to bypass any measures designed to prevent or restrict access to the Services; (o) copy or adapt the Services' software, or decipher, decompile, disassemble or reverse engineer any of the software comprising the Services, except as permitted by section 50B of the Copyright, Designs and Patents Act 1988; (p) use the Services as part of any effort to compete with us or to develop a competing product; (q) use the Services to send unsolicited marketing communications in breach of applicable law; or (r) sell or otherwise transfer your account or access credentials.
7. CUSTOMER CONTENT
7.1 The Services allow you to upload, submit, store and process data, information, prospect lists, messaging templates and other materials ("Customer Content"). Make sure you have all necessary rights, permissions and lawful bases to provide Customer Content to us and to have it processed through the Services.
7.2 You are solely responsible for your Customer Content and for ensuring that its collection, use and processing (including for outbound sales and marketing purposes) complies with applicable law, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
7.3 Any Customer Content that is also a Contribution (as defined in section 8) is subject to sections 8 and 9.
8. USER GENERATED CONTRIBUTIONS
8.1 The Services may permit you and your Authorised Users to create, submit, post, display, transmit or otherwise make available content and materials to us or through the Services, including text, writings, video, audio, photographs, graphics, comments, suggestions, personal data and other material (collectively, "Contributions"). Contributions are visible only to Throxy and to the Authorised Users on your account.
8.2 When you create or make available any Contributions, you represent and warrant that: (a) the creation, distribution, transmission, display or use of your Contributions does not and will not infringe the proprietary rights, including copyright, patent, trade mark, trade secret or moral rights, of any third party; (b) you are the creator and owner of, or have the necessary licences, rights, consents and permissions to use and to authorise us and other users to use, your Contributions as contemplated by these Terms; (c) you have the written consent or other lawful basis required in respect of each identifiable individual whose personal data is included in your Contributions; (d) your Contributions are not false, inaccurate or misleading; (e) your Contributions are not unsolicited or unauthorised advertising, spam, chain letters or other forms of solicitation; (f) your Contributions are not obscene, violent, harassing, defamatory or otherwise objectionable; and (g) your Contributions do not violate any applicable law, regulation or rule.
8.3 Any use of the Services in breach of this section 8 violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENCE
9.1 You and we agree that we may access, store, process and use any information and personal data that you provide, and your choices (including settings), in accordance with the Privacy Policy, the Data Processing Agreement and these Terms.
9.2 We do not assert any ownership over your Contributions or Customer Content. You retain full ownership of all of your Contributions and Customer Content and any intellectual property rights or other proprietary rights associated with them.
9.3 You grant us, our affiliates and our sub-processors a non-exclusive, worldwide, royalty-free, non-transferable (save as permitted under section 24) licence, for the duration of these Terms and any period thereafter reasonably required to comply with our obligations on termination, to host, copy, store, transmit, process, display and adapt your Customer Content and Contributions solely to the extent necessary to provide, maintain, secure and support the Services for you and to comply with applicable law.
9.4 We may also use aggregated and anonymised data derived from your use of the Services (which does not identify you, your Authorised Users or any individual) to improve and develop the Services.
9.5 We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (a) monitor the Services for violations of these Terms; (b) take appropriate legal action against anyone who, in our reasonable opinion, violates the law or these Terms, including reporting such user to law enforcement authorities; (c) in our reasonable discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion of them that breach these Terms; and (d) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
11. TERM AND TERMINATION
11.1 These Terms remain in full force and effect while you use the Services and, in respect of any subscription, for the duration of the Subscription Term.
11.2 Either party may terminate these Terms and any subscription with immediate effect by written notice if the other party: (a) commits a material breach of these Terms which is irremediable or, if remediable, is not remedied within 14 days of written notice requiring it to be remedied; or (b) becomes insolvent, enters into administration, liquidation or any arrangement with its creditors, or suffers any analogous event.
11.3 We may suspend your access to the Services, on notice where reasonably practicable, if we reasonably believe that your use of the Services breaches section 6 or applicable law or poses a security risk to the Services or other customers.
11.4 If you terminate under section 11.2 for our breach, we will refund any prepaid Fees covering the remainder of the Subscription Term after the effective date of termination.
11.5 On termination: (a) all licences granted to you will cease; (b) you will pay any Fees outstanding up to the date of termination; and (c) we will deal with Customer Content and personal data in accordance with the Data Processing Agreement. Sections 2, 4.5, 9.4, 14 to 20, 24 and any other provisions which by their nature are intended to survive termination will survive.
12. PRIVACY AND DATA PROTECTION
12.1 Definitions. In this section, "Data Protection Legislation" means the UK GDPR (as defined in section 3(10) of the Data Protection Act 2018), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any other applicable data protection law in force in the United Kingdom from time to time. The terms "controller", "processor", "personal data" and "processing" have the meanings given in the UK GDPR.
12.2 Throxy as controller of account data. We process personal data relating to you, your Authorised Users and your business contacts for the purposes of managing your account, billing, communicating with you and operating our business. In respect of such processing we act as a controller, and our processing is described in our Privacy Policy at https://throxy.com/privacy-policy.
12.3 Throxy as processor. To the extent that we process personal data contained in Customer Content on your behalf in the course of providing the Services, you are the controller and we are your processor. The parties' respective obligations in relation to such processing, including the subject matter, duration, nature and purpose of the processing, the categories of personal data and data subjects, and the measures required by Article 28 of the UK GDPR, are set out in the data processing terms of your Signed Agreement or, where there are none, in our standard data processing agreement, available on request from privacy@throxy.com (in either case, the "Data Processing Agreement" or "DPA"), which is incorporated into these Terms by reference.
12.4 Throxy as independent controller of prospect data. Where we source or enrich business contact data ourselves (rather than receiving it from you) in order to provide the Services, including prospect lists and contact details, we act as an independent controller of that data. We are responsible for having a lawful basis for that processing and for providing the information required by Article 14 of the UK GDPR, as described in our Privacy Policy. You remain responsible for ensuring that your own use of any such data made available to you complies with Data Protection Legislation.
12.5 Customer obligations. You warrant that you have all necessary rights, lawful bases and, where required, consents and notices in place to enable the lawful transfer of personal data to us and its processing by us for the duration and purposes of these Terms.
12.6 International transfers. We will not transfer personal data outside the United Kingdom (including by allowing remote access by a sub-processor located outside the United Kingdom) unless the transfer is: (a) to a country or territory in respect of which adequacy regulations have been made under section 17A of the Data Protection Act 2018; or (b) subject to appropriate safeguards in accordance with Article 46 of the UK GDPR, such as the International Data Transfer Agreement or the International Data Transfer Addendum to the European Commission's standard contractual clauses issued by the Information Commissioner under section 119A of the Data Protection Act 2018, together with a transfer risk assessment where required. We do not rely on consent as a transfer mechanism.
12.7 Security. We will implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage, as further described in the DPA.
13. MODIFICATIONS AND INTERRUPTIONS
13.1 We may change, modify or remove features of the Services from time to time, provided that we will not materially reduce the core functionality of the Services during a paid Subscription Term without giving you at least 30 days' prior notice by email, in which case you may terminate your subscription and receive a pro rata refund of prepaid Fees for the unused period.
13.2 We will use reasonable endeavours to make the Services available, but we cannot guarantee that they will be available at all times. We may experience hardware, software or other problems or need to perform maintenance, resulting in interruptions, delays or errors. Where reasonably practicable, we will give advance notice of planned maintenance. Subject to section 19, we will not be liable for any loss or damage caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
14. CONFIDENTIALITY
14.1 Each party shall keep confidential all information of a confidential nature disclosed to it by the other party in connection with these Terms, and shall not use such information except to perform its obligations or exercise its rights under these Terms. This obligation does not apply to information which is or becomes publicly available (other than through breach of this section), which was lawfully in the recipient's possession before disclosure, or which is required to be disclosed by law or by any competent regulatory authority.
15. GOVERNING LAW
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
16. DISPUTE RESOLUTION
16.1 Informal negotiation. To expedite resolution and control the cost of any dispute, controversy or claim arising out of or in connection with these Terms (each a "Dispute"), the parties shall first attempt in good faith to resolve the Dispute through negotiation between senior representatives for a period of at least 30 days after one party gives written notice of the Dispute to the other.
16.2 Jurisdiction. If the Dispute is not resolved under section 16.1, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any Dispute (including non-contractual disputes or claims).
16.3 Nothing in this section 16 shall prevent either party from seeking urgent injunctive or other interim relief from the courts of England and Wales.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update such information at any time, subject to section 4.6 in relation to Fees.
18. DISCLAIMER
18.1 Except as expressly set out in these Terms or a Signed Agreement, the Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, all warranties, conditions and other terms implied by statute or common law (including those as to satisfactory quality and fitness for a particular purpose) are excluded.
18.2 We do not warrant that: (a) the Services will be uninterrupted or error-free; (b) the Services or any results obtained from them (including leads, contact data or meetings generated) will meet your requirements or achieve any particular commercial outcome; or (c) any third-party data, products or services advertised or made available through the Services are accurate or complete.
18.3 Nothing in this section 18 limits or excludes any liability which cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
19. LIMITATIONS OF LIABILITY
19.1 Unlimited liability. Nothing in these Terms excludes or limits either party's liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) the Customer's obligation to pay Fees properly due; or (e) any other liability which cannot be limited or excluded by applicable law.
19.2 Excluded losses. Subject to section 19.1, neither party shall be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for any: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of or damage to goodwill or reputation; (f) loss of use or corruption of software, data or information (save to the extent caused by our breach of section 12 or the DPA); or (g) indirect or consequential loss.
19.3 Liability cap. Subject to section 19.1, each party's total aggregate liability arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall not exceed the total Fees paid and payable by the Customer to Throxy in the twelve (12) months immediately preceding the event giving rise to the claim.
20. INDEMNIFICATION
20.1 You shall indemnify Throxy, its affiliates and their respective officers, employees and agents against all losses, damages, liabilities, reasonable legal costs and expenses arising from any claim, demand or proceedings brought by a third party against Throxy to the extent arising directly from: (a) your breach of these Terms (including section 6, section 7 or section 8); or (b) your or your Authorised Users' misuse of the Services, including use of the Services in breach of applicable law.
20.2 The indemnity in section 20.1 is conditional on Throxy: (a) notifying you promptly in writing of the claim; (b) not making any admission or settlement without your prior written consent (not to be unreasonably withheld or delayed); (c) allowing you to conduct the defence and settlement of the claim at your cost; and (d) providing reasonable cooperation, at your cost. Throxy shall take reasonable steps to mitigate any losses arising from the claim.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are responsible for maintaining your own copies of any Customer Content that you transmit to the Services. Subject to section 19, our liability for any loss or corruption of data is limited as set out in that section.
22. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to, or content from, third-party websites, products and services ("Third-Party Content"). We do not control or endorse Third-Party Content and are not responsible for its accuracy, availability or practices. Your use of any third-party website, product or service is governed by that third party's own terms and policies. Subject to section 19.1, we are not liable for any loss or damage arising from your use of Third-Party Content.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Services, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing, save that formal notices must be given in accordance with section 24.5. You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Services.
24. GENERAL PROVISIONS
24.1 Entire agreement. These Terms, together with any Signed Agreement, the DPA and any documents expressly referred to in them, constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter. Each party acknowledges that in entering into these Terms it does not rely on any statement, representation, assurance or warranty that is not set out in these Terms. Nothing in this section limits or excludes liability for fraud or fraudulent misrepresentation.
24.2 Third-party rights. Except as expressly provided in section 20 in respect of Throxy's affiliates, officers, employees and agents, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. The parties may vary or rescind these Terms without the consent of any third party.
24.3 Assignment. Neither party may assign, transfer, sub-contract or deal in any other manner with any of its rights or obligations under these Terms without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed), save that either party may, on written notice to the other, assign or transfer these Terms to a member of its group (meaning any subsidiary or holding company, or any subsidiary of such holding company, as defined in section 1159 of the Companies Act 2006) or to a successor in connection with a merger, reorganisation or sale of all or substantially all of its business or assets. Throxy may engage sub-processors in accordance with the DPA.
24.4 Force majeure. Neither party shall be in breach of these Terms or liable for delay in performing, or failure to perform, any of its obligations (other than payment obligations) if such delay or failure results from events, circumstances or causes beyond its reasonable control.
24.5 Notices. Any formal notice given under these Terms (including notices of breach, termination or a Dispute) shall be in writing in English and sent: (a) to Throxy, by email to privacy@throxy.com with a copy by pre-paid first-class post or recorded delivery to its registered office; and (b) to the Customer, by email to the address associated with the Customer's account or set out in the Signed Agreement. A notice sent by email shall be deemed received at the time of transmission, or, if sent outside 9.00 am to 5.00 pm on a business day (in London), at 9.00 am on the next business day. A notice sent by post shall be deemed received on the second business day after posting. This section does not apply to the service of any proceedings or other documents in any legal action.
24.6 Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable or, if such modification is not possible, deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these Terms.
24.7 Waiver. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not 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.
24.8 No partnership. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, or constitute either party the agent of the other.
24.9 Interpretation. Headings do not affect the interpretation of these Terms. The words "including" and "include" and similar expressions shall be construed as illustrative and shall not limit the sense of the preceding words. These Terms shall not be construed against a party by virtue of that party having drafted them.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
THROXY LTD
128 City Road
London EC1V 2NX
United Kingdom
Email: privacy@throxy.com
Company number: 15078234
VAT number: GB 491623088
