Corporate Standard Terms
Each party undertakes that it shall not at any time during this Contract, and for a period of five years after termination of this Contract, disclose to any person any confidential information concerning the business, affairs, Clients, clients or suppliers of the other party.
Each party may disclose the other party's confidential information to the extent required:
- to provide out the Services; and
- by law, a court of competent jurisdiction or any governmental or regulatory authority.
CommuterClub shall be entitled to make an announcement about the Services that it offers and that it provides Services to the Client.Client shall not use any confidential information it obtains as a result of the provision of the Services to obtain a commercial advantage over, or to circumvent the interests of, CommuterClub.
Client shall not without CommuterClub's prior written agreement negotiate or engage with a service that is competitive with the Services (or facilitate the provision of services similar to the Services to its staff) until 12 months following termination of this agreement.For the benefit of doubt this contract is solely with the employer and the employee shall have no rights whatsoever under the contract. The services are confidential to you and no third party shall rely on any services provided by us in accordance with this contract.
Limitation Of Liability
CommuterClub shall be liable for death or personal injury caused by its negligence or fraud and for breach of terms implied by law to the extent that liability in respect of those implied terms may not be excluded by law.CommuterClub has no liability in respect of any indirect or consequential loss.
The maximum liability Commuter Club has to the Client shall not exceed the lower of (a) amount paid to Commuter Club (after deducting all related out of pocket costs paid by Commuter Club in connection with provision of the relevant Services) for the relevant Services provided by Commuter Club to the Client in relation to which the liability arises, and (b) £500,000 in aggregate.CommuterClub has no liability to the extent that provision of the Services is hindered or interrupted by matters beyond its reasonable control.
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all arrangement and understandings between them, whether written or oral, relating to its subject matter. A person who is a party to this agreement has not right to enforce any of its terms. Commuter Club may deal in any manner with any of its rights under this agreement.
This agreement, and any dispute or claim arising out of or in connection with it or its 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. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).