Terms of Service

Interpretation & Defined Terms

In these Terms of Service, the following definitions apply with binding effect. Where the context so requires, words in the singular include the plural and vice versa, and references to one gender include all genders.

Term	Meaning
"Agreement"	These Terms of Service together with the applicable Order Form, any executed Data Processing Agreement, and all schedules and exhibits incorporated herein by reference.
"Authorised Users"	Individual natural persons — employees, contractors, and agents of the Client — who are permitted by the Client to access the Platform under the subscription, subject to any user seat limits specified in the Order Form.
"Client"	The legal entity (shipowner, ship manager, crewing agency, or other maritime organisation) that has entered into an Order Form with Volaxin, and in whose name the subscription account is registered.
"Client Data"	All data, information, records, files, and content — including vessel operational data, crew personal data, maintenance records, and compliance documentation — uploaded to, processed within, or generated by Client's use of the Platform.
"Documentation"	The technical manuals, user guides, API specifications, release notes, and operational procedures published by Volaxin and made available within the Platform or at docs.volaxin.com.
"Order Form"	The executed commercial agreement or online checkout confirmation specifying the subscribed modules, number of vessels, user seat allocation, subscription term, and applicable fees.
"Platform"	The Volaxin Maritime Suite SaaS application and all its modules (PMS, INV, CREW, DMS, SHEQ, WRH, NAV, PRC, RPT, CRB), including the web interface, mobile applications, APIs, offline synchronisation tooling, and all updates, enhancements, and derivatives thereof.
"Volaxin IP"	All intellectual property subsisting in the Platform, including source code, algorithms, AI/ML models, database schemas, user interface designs, trademarks, trade secrets, and all other proprietary technology developed by or for Volaxin.

References to statutory provisions include those provisions as amended, modified, consolidated, extended, re-enacted, or replaced from time to time. Headings are included for convenience only and shall not affect the interpretation of this Agreement.

Platform Licence Grant & Restrictions

2.1 Licence Grant

Subject to (i) execution of an Order Form, (ii) timely payment of all applicable fees, and (iii) ongoing compliance with this Agreement in its entirety, Volaxin hereby grants to the Client a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Platform during the subscription term, solely for the Client's internal business operations relating to the management of vessels, crew, and maritime compliance activities, and solely by Authorised Users up to the seat limit specified in the Order Form.

2.2 Licence Restrictions

Except as expressly permitted by this Agreement or applicable mandatory law, the Client shall not, and shall procure that its Authorised Users do not:

• Copy, reproduce, translate, adapt, modify, create derivative works from, or otherwise alter the Platform or any component thereof
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, AI models, database schemas, or underlying structure of the Platform, except to the limited extent mandated by applicable law and after providing Volaxin with 30 days' prior written notice and an opportunity to provide the requested interoperability information
• Distribute, sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make the Platform available to any third party, including on a bureau service, time-sharing, managed services, or outsourcing basis
• Remove, obscure, or alter any proprietary notices, copyright legends, watermarks, or branding elements embedded within or displayed by the Platform
• Access the Platform for the purpose of building a competing product or service, benchmarking against a competing product without Volaxin's prior written consent, or harvesting data for any purpose other than the Client's legitimate operational needs
• Use automated scraping tools, bots, crawlers, or data extraction mechanisms against the Platform's APIs or user interface beyond those expressly authorised in writing by Volaxin
• Exceed the number of vessels, user seats, or API call rate limits specified in the Order Form without first executing an appropriate amendment

2.3 Trial and Evaluation Access

Where Volaxin provides access to the Platform on a trial or evaluation basis ("Trial Access"), such Trial Access is provided strictly "as-is" with no warranties of any kind, for the evaluation period stated in the trial confirmation (typically 14–30 days). Volaxin reserves the right to terminate Trial Access at any time without notice. Client Data uploaded during a trial period will be retained for 14 days following expiry of the trial, after which it will be permanently deleted unless the Client converts to a paid subscription.

Intellectual Property Rights & Ownership

3.1 Volaxin Intellectual Property

Volaxin and its licensors retain sole and exclusive ownership of all right, title, and interest in and to the Platform and all Volaxin IP, including all enhancements, improvements, and derivative works, whether or not such enhancements were developed in response to Client feedback or requests. Nothing in this Agreement transfers any intellectual property rights to the Client. The Client's only rights with respect to the Platform are the limited licence rights expressly set forth in Section 2.1.

3.2 Client Data Ownership

As between Volaxin and the Client, the Client retains sole and exclusive ownership of all Client Data. Volaxin acquires no ownership interest in Client Data by virtue of processing, storing, transmitting, or analysing it in connection with the provision of the Platform. The Client grants Volaxin a limited, non-exclusive, worldwide licence to use, process, store, and transmit Client Data solely to the extent necessary to provide the Platform and associated services, and for no other purpose.

3.3 Aggregated Anonymous Data

Notwithstanding the foregoing, Volaxin reserves the right to analyse aggregated, fully anonymised, and de-identified data derived from all clients' use of the Platform for the purposes of improving platform performance, developing new features, producing industry benchmarking reports, and training AI/ML models. Such anonymised data shall not contain any information from which the Client, its vessels, or individual data subjects can be identified, and shall be treated as Volaxin's proprietary information.

3.4 Feedback Licence

Where the Client or its Authorised Users voluntarily provide Volaxin with suggestions, enhancement requests, recommendations, bug reports, or other feedback relating to the Platform ("Feedback"), the Client grants Volaxin a perpetual, irrevocable, royalty-free, worldwide, sublicensable licence to use, incorporate, and exploit such Feedback in any manner and for any purpose, without any obligation of compensation, attribution, or confidentiality to the Client.

3.5 Trademarks

The VOLAXIN name, logo, "Maritime Suite" designation, and all associated product names, service marks, and trade dress are registered and unregistered trademarks of Volaxin Maritime Suite Ltd. Nothing in this Agreement grants any right to use Volaxin's trademarks without prior written consent. Unauthorised use constitutes trademark infringement actionable in the courts of England and Wales and relevant international jurisdictions.

Subscription Fees, Billing & Payment Terms

4.1 Subscription Fees

The Client shall pay Volaxin the subscription fees as set out in the applicable Order Form. Unless otherwise specified, fees are denominated in United States Dollars (USD) and are exclusive of all applicable taxes, levies, and duties including VAT, GST, sales tax, withholding tax, and any other governmental charge ("Taxes"), which shall be the sole responsibility of the Client.

4.2 Billing & Invoice Terms

Subscription fees are invoiced in advance at the commencement of each billing period (monthly or annual, as specified in the Order Form). All invoices are due and payable within 30 calendar days of the invoice date, by wire transfer, credit card, or such other payment method as agreed in the Order Form. Time is of the essence with respect to payment obligations.

4.3 Late Payment

Without prejudice to any other right or remedy, Volaxin reserves the right to charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate, calculated on a daily basis from the due date until the date of actual payment, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. Volaxin further reserves the right to suspend Platform access (after 15 days' written notice) or terminate this Agreement (after 30 days' written notice) in respect of any invoice remaining unpaid beyond 45 days after its due date.

4.4 Price Adjustments

Volaxin reserves the right to adjust subscription fees at any time on 60 days' written notice for existing subscriptions. Fee increases shall not exceed 5% per annum without Client consent, except where such increases reflect demonstrably higher third-party infrastructure costs (in which case Volaxin will provide supporting documentation upon request). The Client may terminate the Agreement without penalty within 30 days of receiving a price increase notice if it does not accept the new pricing.

4.5 Refund Policy

All subscription fees are non-refundable except where (a) Volaxin fails to meet the uptime SLA thresholds specified in Section 5 and service credits are applicable, (b) Volaxin materially breaches this Agreement and fails to cure such breach within the cure period, or (c) applicable mandatory consumer protection law requires a refund. Pro-rated refunds may be issued at Volaxin's sole discretion upon early termination requested by the Client for legitimate operational reasons.

Service Level Agreement (SLA) & Support Commitments

5.1 Uptime Commitment

Volaxin commits to maintaining 99.9% Platform availability (measured monthly, excluding scheduled maintenance windows). This equates to a maximum of approximately 8.76 hours of unplanned downtime per year. Availability is measured by Volaxin's external monitoring infrastructure and reported in real-time at status.volaxin.com.

Monthly Uptime	SLA Credit (% of Monthly Fee)
99.9% – 100% (SLA Met)	No credit applicable
99.0% – 99.89%	5% service credit
95.0% – 98.99%	10% service credit
90.0% – 94.99%	20% service credit
Below 90.0%	30% service credit; Client may terminate for cause

Service credits must be claimed in writing within 30 days of the month in which the downtime occurred. Credits are applied to the next invoice and are the Client's sole and exclusive remedy for Platform unavailability, except in cases where downtime is attributable to Volaxin's wilful misconduct or gross negligence.

5.2 Support Response Commitments

Priority Level	Definition	Initial Response	Resolution Target
P1 — Critical	Complete Platform unavailability or data corruption risk affecting active vessel operations	Under 4 minutes	2 hours
P2 — High	Core module non-functional; significant operational impact; no workaround available	Under 30 minutes	4 hours
P3 — Medium	Module partially impaired; workaround available; moderate operational impact	Under 2 hours	24 hours
P4 — Low	Minor defect; cosmetic issue; feature enhancement request; general query	Under 4 hours	5 business days

5.3 Scheduled Maintenance

Volaxin performs routine scheduled maintenance during defined low-usage windows (typically between 02:00–04:00 UTC on Sundays). Advance notice of at least 72 hours will be provided via the Platform notification system and email for maintenance windows exceeding 30 minutes. Emergency maintenance required to address critical security vulnerabilities may be executed with shorter notice, with full post-incident disclosure within 24 hours.

Client Obligations & Responsibilities

The Client assumes full responsibility for the following obligations throughout the subscription term:

1. Account Security. Maintaining the confidentiality and security of all account credentials, API keys, and access tokens. All activity conducted through Authorised User accounts shall be deemed the Client's activity and the Client's responsibility, regardless of whether such activity was authorised.
2. Authorised User Management. Ensuring that Authorised Users are aware of and comply with the terms of this Agreement, implementing appropriate access controls, promptly revoking access of departed employees or contractors, and not sharing individual user credentials across multiple persons.
3. Data Accuracy & Integrity. Ensuring the accuracy, completeness, and legality of all Client Data uploaded to the Platform, including vessel particulars, crew records, maintenance data, and compliance documentation. Volaxin bears no liability for consequences arising from inaccurate Client Data.
4. Regulatory Compliance. Maintaining compliance with all applicable maritime regulations, flag state requirements, and classification society rules independent of the Platform. The Platform is a tool to assist compliance; it does not substitute for qualified maritime professional judgment or legal advice.
5. System Requirements. Ensuring that Authorised Users' computing devices, browsers, and network infrastructure meet the minimum system requirements published in the Documentation. Volaxin is not liable for degraded performance attributable to inadequate client-side infrastructure.
6. Incident Notification. Promptly notifying Volaxin upon becoming aware of any actual or suspected security breach, unauthorised access, or compromise of Authorised User credentials that may affect the integrity of Platform data or infrastructure.
7. Export Compliance. Ensuring that Client's use of the Platform complies with all applicable export control laws and sanctions regimes, including those administered by the UK Export Control Joint Unit (ECJU), the US Office of Foreign Assets Control (OFAC), and the EU Council's sanctions regulations.

Acceptable Use Policy

The Platform may be used only for lawful purposes directly related to maritime fleet, vessel, crew, and compliance management. The following categories of use are strictly prohibited and constitute material breaches of this Agreement entitling Volaxin to immediate suspension or termination without liability:

• Use of the Platform in furtherance of any criminal, fraudulent, or tortious activity, including but not limited to the falsification of vessel maintenance records, crew certificates, work and rest hours data, or any statutory maritime document
• Upload or processing of data relating to vessels, individuals, or entities subject to international sanctions administered by the UN Security Council, UK OFSI, EU, US OFAC, or any other competent authority
• Introduction of malicious code, viruses, trojans, ransomware, or any other harmful programming routines into the Platform or its underlying infrastructure
• Interference with, disruption of, or unauthorised probing of the Platform's infrastructure, APIs, or data centres, including unauthorised penetration testing without prior written consent from Volaxin's security team
• Systematic mass-download, harvesting, or exfiltration of data beyond normal operational use, whether for competitive intelligence, data brokerage, or any other purpose
• Misrepresentation of identity, vessel identity, flag state registration, or other material particulars within the Platform
• Processing of content that is defamatory, discriminatory, racially or ethnically offensive, or that violates the rights of any third party, including privacy rights and intellectual property rights

Client Data — Ownership, Export & Deletion

8.1 Data Portability on Termination

Upon termination or expiry of the subscription for any reason, Volaxin will make all Client Data available for export in standard machine-readable formats (JSON, XML, CSV, PDF) for a period of 90 calendar days following the effective termination date. The Client is responsible for initiating and completing such data export during this window. Volaxin will provide reasonable technical assistance with export at no additional charge.

8.2 Post-Export Deletion

Following expiry of the 90-day export window, or upon earlier written request from the Client following completed data export, Volaxin will permanently delete all Client Data from its production systems, backup systems, and disaster recovery infrastructure. Deletion will be completed within 30 days of the request and confirmed to the Client in writing, subject to retention obligations imposed by applicable law or regulatory requirement (which Volaxin will disclose).

8.3 Data Processing Agreement

Where the Client uploads personal data (as defined under applicable data protection law) to the Platform, such processing is governed by Volaxin's Data Processing Agreement (DPA), which is incorporated into this Agreement by reference. In the event of any conflict between the DPA and these Terms of Service in respect of personal data processing, the DPA shall prevail.

Confidentiality Obligations

9.1 Mutual Confidentiality

Each party (the "Receiving Party") agrees to maintain the confidential information of the other party (the "Disclosing Party") in strict confidence, using at minimum the same degree of care applied to its own confidential information and in any event no less than reasonable care. Confidential information may be used solely for the purposes of performing obligations or exercising rights under this Agreement.

9.2 Confidential Information Defined

"Confidential Information" includes the Platform's source code, algorithms, AI/ML architecture, pricing, roadmap, and technical documentation (Volaxin's confidential information), and the Client's vessel operational data, commercial strategies, fleet performance data, and Client Data (Client's confidential information). Confidential information does not include information that: (a) is or becomes publicly available without breach of this Agreement; (b) was lawfully known prior to disclosure; (c) is independently developed without use of confidential information; or (d) is received from a third party without restriction.

9.3 Permitted Disclosures

Confidential information may be disclosed to employees, officers, sub-contractors, and professional advisers who have a need to know and are bound by confidentiality obligations at least as stringent as those in this Agreement, and to competent authorities when required by law, provided that (where legally permissible) the Disclosing Party is given prompt prior notice and the opportunity to seek a protective order.

These confidentiality obligations shall survive termination or expiry of this Agreement for a period of 5 years, except in respect of trade secrets (including Volaxin's AI/ML model architecture and source code), which shall remain confidential indefinitely.

Warranties, Representations & Disclaimers

10.1 Volaxin's Limited Warranties

Volaxin warrants to the Client that: (a) the Platform will perform materially in accordance with the Documentation during the subscription term; (b) Volaxin has the right, power, and authority to grant the licence in Section 2.1; (c) Volaxin will implement and maintain security measures that are not materially less protective than those described in the Security Policy at volaxin.com/security; and (d) the Platform does not knowingly infringe the intellectual property rights of any third party as at the date of execution of the applicable Order Form.

10.2 Disclaimer of Implied Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SAVE FOR THE EXPRESS WARRANTIES IN SECTION 10.1, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". VOLAXIN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ACCURACY.

10.3 Third-Party Data Sources

The Platform may integrate third-party data sources including AIS providers, weather services, regulatory databases, and class society APIs. Volaxin makes no warranty as to the accuracy, timeliness, or completeness of such third-party data and shall not be liable for errors or omissions in third-party data sets.

Limitation of Liability

11.1 Exclusion of Consequential Loss

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA (SAVE AS SET OUT IN SECTION 11.3), BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate Liability Cap

VOLAXIN'S TOTAL AGGREGATE LIABILITY TO THE CLIENT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT — WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY, OR OTHERWISE — SHALL IN NO EVENT EXCEED THE TOTAL SUBSCRIPTION FEES PAID OR PAYABLE BY THE CLIENT TO VOLAXIN IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT OR SERIES OF EVENTS GIVING RISE TO THE CLAIM.

11.3 Exceptions to Caps

Nothing in this Agreement shall limit or exclude either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any matter which it would be unlawful to limit or exclude under applicable law including the Unfair Contract Terms Act 1977; or (d) in the case of Volaxin, unauthorised disclosure of the Client's confidential information attributable to Volaxin's wilful misconduct.

Indemnification

12.1 Client Indemnity

The Client shall indemnify, defend, and hold harmless Volaxin and its officers, directors, employees, contractors, and agents from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the Client's breach of this Agreement; (b) the Client's or its Authorised Users' misuse of the Platform; (c) Client Data infringing the intellectual property, privacy, or other rights of any third party; (d) the Client's violation of any applicable law or maritime regulation; or (e) the Client's negligence or wilful misconduct.

12.2 Volaxin IP Indemnity

Volaxin shall indemnify, defend, and hold harmless the Client against any third-party claim alleging that the Client's authorised use of the Platform infringes such third party's intellectual property rights, provided that the Client: (a) promptly notifies Volaxin in writing of the claim; (b) grants Volaxin sole control of the defence and settlement of the claim; and (c) provides reasonable assistance to Volaxin at Volaxin's expense. Volaxin's indemnity obligations under this Section shall not apply where infringement arises from Client modifications to the Platform, combination with third-party products not approved by Volaxin, or continued use after Volaxin has provided a non-infringing alternative.

Term, Suspension & Termination

13.1 Agreement Term

This Agreement commences on the date the Client's first Order Form is executed and continues until all Order Forms have expired or been terminated. Individual Order Forms shall be for the initial term specified therein and shall automatically renew for successive periods of equal duration unless either party provides written notice of non-renewal not less than 60 days prior to the end of the then-current term.

13.2 Suspension

Volaxin reserves the right to suspend Platform access immediately and without prior notice in the following circumstances: (a) a credible security threat or active compromise is detected; (b) the Client's use is causing harm to Volaxin's infrastructure or other clients; or (c) Volaxin is required to do so by law or competent authority order. In all other circumstances (including non-payment and AUP breach), Volaxin will provide the notice periods specified in Sections 4.3 and 7 respectively before suspending access.

13.3 Termination for Cause

Either party may terminate this Agreement for material breach upon 30 days' written notice specifying the nature of the breach, provided the breaching party fails to cure the breach within that 30-day period. Certain breaches — including fraudulent falsification of statutory records, serious AUP violations, non-payment beyond 45 days, and insolvency — entitle Volaxin to terminate immediately without a cure period.

13.4 Effects of Termination

Upon termination for any reason: (a) all licences granted under this Agreement cease immediately; (b) the Client must cease all use of the Platform; (c) Volaxin will provide the 90-day Client Data export window specified in Section 8.1; (d) accrued payment obligations survive; and (e) Sections 3, 8.2, 9, 10.2, 11, 12, 15, and 16 survive indefinitely.

Force Majeure

Neither party shall be in breach of this Agreement or liable for delay in performing or failure to perform any of its obligations (other than payment obligations) to the extent that such delay or failure results from a Force Majeure Event. A "Force Majeure Event" means any event beyond the reasonable control of the affected party including acts of God, war, civil unrest, terrorism, sanctions (imposed by competent international authority), epidemics, pandemics, natural disasters, power grid failures, or failure of third-party internet infrastructure beyond Volaxin's reasonable control.

The affected party shall: (a) notify the other party in writing within 5 business days of becoming aware of the Force Majeure Event; (b) use all reasonable endeavours to mitigate its effects; and (c) resume performance as soon as practicable. Where a Force Majeure Event affecting Platform availability persists for more than 30 consecutive days, either party may terminate the affected Order Form without liability on 14 days' written notice.

Governing Law & Dispute Resolution

15.1 Governing Law

This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.

15.2 Dispute Resolution — Escalation First

Before commencing formal proceedings, the parties agree to engage in good-faith senior management escalation discussions for a period of 30 days from written notice of a dispute. The parties shall each designate a senior representative (at VP or C-suite level) to participate in escalation discussions within 10 business days of the notice.

15.3 Arbitration

If a dispute is not resolved through escalation, it shall be referred to and finally resolved by binding arbitration under the ICC Rules of Arbitration in force at the time of the dispute. The seat of arbitration shall be London, England. The arbitration shall be conducted in English before a sole arbitrator for disputes with a value below USD 2,000,000, and a panel of three arbitrators for disputes at or above that threshold. The arbitral award shall be final and binding and enforceable in any competent jurisdiction.

15.4 Injunctive Relief

Notwithstanding Section 15.3, either party may seek emergency interim or injunctive relief from the courts of England and Wales (or any other court of competent jurisdiction) in connection with an actual or threatened breach of confidentiality or intellectual property obligations, without prejudice to the right of the other party to require arbitration of the underlying dispute.

General Provisions

16.1 Entire Agreement

This Agreement (including all Order Forms, the DPA, the Security Policy, and all incorporated schedules) constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations, warranties, understandings, negotiations, and discussions, whether written or oral, relating to the same subject matter. Neither party has entered into this Agreement in reliance on any statement or representation not expressly set out herein.

16.2 Amendments

Volaxin reserves the right to modify these Terms of Service by providing the Client with 30 days' written notice. In the absence of written objection within that notice period, the updated terms shall take effect at the end of the notice period. For material changes, Volaxin will obtain affirmative acceptance from enterprise clients before the updated terms apply.

16.3 Waiver

No failure or delay by either party to exercise any right or remedy under this Agreement shall constitute a waiver of that or any other right or remedy. Waivers shall be effective only if made in writing and signed by an authorised representative of the waiving party.

16.4 Severability

If any provision of this Agreement is held by a court or arbitral tribunal of competent jurisdiction to be invalid, unenforceable, or contrary to applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16.5 Assignment

The Client may not assign, transfer, novate, or sub-license any of its rights or obligations under this Agreement without Volaxin's prior written consent (not to be unreasonably withheld or delayed). Volaxin may assign this Agreement, including all rights and obligations, to any affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, provided Volaxin provides the Client with written notice and the assignee assumes all of Volaxin's obligations hereunder.

16.6 Notices

All formal notices under this Agreement shall be in writing and delivered by: (a) email with confirmed delivery receipt to the addresses specified in the applicable Order Form; or (b) courier or recorded post to the registered addresses of the parties. Notices shall be deemed received: on the day of delivery for courier/recorded post; and within 24 hours of transmission for email (if no delivery failure notification is received).

16.7 Third Party Rights

Except as expressly provided, this Agreement does not create any rights enforceable by any person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999. The parties may vary or rescind this Agreement without consent of any third party.