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1. These terms
1.1 What these terms cover. We specialise in the manufacture and supply of care and security products and services. We offer for sale simple, specialist devices (products) which are supplied with and use wireless network services, and enable events and alarms managed through our software platform to be received by telecare alarm receiving centres and passed on to other parties such as family, friends and carers (services). These are the terms and conditions on which we supply our products and services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services, how either of us may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2.Information about us and how to contact us
2.1 Who we are. We are Oysta Technology Ltd a company registered in England and Wales. Our company registration number is 6511451 and our registered office is at 10 Manor Park, Banbury, Oxfordshire, England, OX16 3TB. Our registered VAT number is GB934 511 241 .
2.2 How to contact us. You can contact our customer service team as follows:
(a) Phone: +44 (0) 1295 530101;
(b) E–mail: email@example.com;
(c) By Post: Depslade Barn, Pury Hill Business Park, Nr Alderton, Northamptonshire NN12 7LS.
2.3 How we may contact you. If we have to contact you, we will phone you or write to you at the email address or postal address you provide in an order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How to place an order. Orders for products and services can be placed on our website at https://www.oysta direct.com/ By placing an order, you confirm that you have authority to enter into the contract either on your own behalf or on behalf of the end user of the products and services. It is your responsibility to ensure that the information you provide to us is accurate. If the information changes, it can be updated through your online account with us.
3.2 How we will accept an order. When we e-mail you to accept an order, when we connect the products to our service, a contract will come into existence between you and us.
3.3 Minimum contract period. Once we have accepted your order for services, we will provide the services for a minimum period of one year unless the contract between us is terminated under clause 7.2 or clause 9.
3.4 If we cannot accept an order. If we are unable to accept an order, we will tell you in writing and will not charge you for the product or services. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or because the consent of a third whose information we need to hold in order to allow us to provide the services cannot be obtained.
3.5 Your order number. We will assign an order number to each order and tell you what it is when we accept the order. It will help us if you can tell us the order number whenever you contact us about an order.
3.6 We only sell to the UK. Our website is solely for the promotion of our products and services in the UK. Unfortunately, we do not accept orders from outside the UK.
4. Our products and services
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, they may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Provision of services. The services are provided using independent wireless network providers and we cannot guarantee the quality of those services (including, but not limited to, signal availability and call quality). The services are subject to the further limitations set out below and in the user guides, instruction manuals and other documents which come with the products that you may be required to comply with.
4.4 Access to our website. We will use our reasonable endeavours to ensure that access to http://www.oysta direct.co.uk/ is available at all times to enable you to manage your account. However, we cannot guarantee that the website will be available at all times, that it will operate without interruption or be error free. You hereby agree to our Website Terms and Conditions which form part of your contract with us.
4.5 Account details. In order to view information on our website, we may supply you with an account number or customer number or request you to set up a username and password. You are responsible for the security of your log-in information. You must ensure that the information remains confidential. You agree that we may disclose any information in connection with your account(s) to any person who correctly quotes your password. You must notify us immediately if there is any unauthorised use of your account by any other website user or any other breach of security.
4.6 Data protection. In order for us to conduct our business, we need to collect, use and disclose certain personal information about you, the individual who will be using the products and services and the individuals given as emergency contacts. This information will be processed by us in accordance with current Data Protection Legislation and our privacy notice which forms part of our contract with you. When we accept an order, we will send out a privacy notice to each individual whose details we have been provided with as part of the order process. This will inform the individual what information we hold about them, why we think we are entitled to process it, how we intend to process the information and how they can object if they do not want us to hold or process the information. In some circumstances, we need the consent of third parties whose information you have given us to allow us to fulfil our contract with you. If they do not consent, we will have to cancel our contract with you.
4.7 Virus protection. You are responsible for making all arrangements necessary for you to have access to our website and we strongly recommend that you use your own virus protection software as we cannot guarantee that the website is secure or free from viruses and do not accept any liability for viruses or any other cyber security threats found on the website.
4.8 Wireless network coverage. It is your responsibility to ensure that wireless network coverage is available in areas in which you will ordinarily require the product and services to operate. In addition, we cannot guarantee that the services will be free from faults or interruptions due to factors such as network congestion, maintenance, weather conditions, geography, obstructions or interference which may mean that you will not receive such services in certain areas at certain times or at all. We cannot accept any liability for any failure in network coverage whether in the area in which the device is ordinarily used or not.
4.9 Security. If you use the services to send or receive information, we cannot guarantee the security of that information or the services generally nor can we guarantee the accuracy of information sent or received.
4.10 Global Positioning System. The services rely on Global Positioning Systems (GPS) and other wireless networks providing location information to operate. GPS is a system of satellites and receiving devices used to compute positions of devices giving off a location signal which identify where the device is on our planet, within certain limits. For example, GPS may not be able to compute the position of the product if it is within a building or if the signal is interrupted. Neither GPS nor the tracking platform are operated by us and we accept no liability in relation to their operation nor any responsibility should one or both fail to operate correctly for any reason at any time.
4.11 Health and Safety. We cannot guarantee the safety, security or health of any person using the products and services, and we will not be responsible or liable for death, change in medical conditions, personal injury or damage to property save where it is caused by our negligence. The products and services are not intended to be used as a substitute for the personal care and support for vulnerable individuals.
4.12 Fault reporting. We provide support for the services and if you report a fault to us, we will work with the network provider to restore the services as soon as reasonably practicable. We will endeavour to resolve all faults within 72 hours.
4.13 Your rights to make changes
Once we have accepted your order, you may wish to change the product or services you have ordered, which we are happy for you to do within the cooling off period, in which case please contact us as shown in clause 2.2. We will let you know if the change is possible. If it is possible we will let you know if this will change the price of the product and services, the timing of their supply or anything else which would be necessary as a result of your change request. We will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7, Your rights to end the contract).
5. Our rights to make changes
5.1 Minor changes to the products and services. We may change the product and services:
(a) to reflect changes in relevant laws and regulatory requirements which we are required to comply with; and
(b) to implement minor technical adjustments and improvements.
5.2 Delivery costs. The costs of delivery will be as displayed on our website when placing an order.
5.3 When we will provide the products. During the order process we will let you know when we will deliver the products. In any event we will deliver them within 30 days after the day on which we accept the order.
5.4 When we will provide the services. As the services are ongoing, we will supply them to you until you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
5.5 We are not responsible for delays outside our control. If our supply of the products and services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
5.6 If there is no-one at home when the product is delivered. If no one is available at the delivery address to take delivery and the products cannot be posted through the letterbox, the courier company will leave a note letting you know how to rearrange delivery or collect the products from a local depot.
5.7 If you do not re-arrange delivery. If, after a failed delivery, you do not re-arrange delivery or collect the products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
5.8 If you do not allow us access to install products. If you do not allow us access to the property to set up products as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the property we may end the contract and clause 9.2 will apply.
5.9 Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
5.10 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 5.9, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
5.11 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 5.9 or clause 5.10, you can cancel your order for any of the products or reject products that have been delivered. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, please post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services as set out in clause 2.2 for a return label or to arrange collection.
5.12 When you become responsible for the products. You will be responsible for the products from the time we deliver the product to the delivery address.
5.13 When you own products. You own the product once we have received payment in full.
5.14 What will happen if you do not give required information to us. We will need certain information from you so that we can supply the services. The information we need is set out in the order form on our website. If you do not give us all of the information in the order process, or if you give us incorrect information, we will not be responsible for supplying the products and services late or not supplying any part of them if this is caused by you not giving us the information we need in the order process.
5.15 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to: (a) deal with technical problems or make minor technical changes or improvement; or
(b) update the services to reflect changes in relevant laws and regulatory requirements.
5.16 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 72 hours we will adjust the term of the term of the contract so that you are compensated for the services while they are suspended.
5.17 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.3) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 11.5). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.4).
5.18 If the product is lost or stolen, please contact us as shown in clause 2.2 to ask us to bar the use of the product. You can also ask us to unbar the use of the product if:
(a) you believe that we have barred the use of the product by mistake; or
(b) the product, having been lost or stolen, has been recovered.
5.19 You agree to indemnify us and must pay us for any loss or liability that we may incur by acting on your request to bar or unbar the use of a product.
5.20 We reserve the right to bar use of the services but we will use reasonable endeavours to contact you before we do so. As a general rule, we will only bar the services if we reasonably consider that the product has been lost or stolen or is being used for any forbidden use.
5.21 Without prejudice to any other right or remedy we may have, we can at our discretion and without notice bar all or any of our products from making calls or accessing wireless networks (other than to the emergency services) and/or disconnect all or any of the products and/or suspend or stop providing the services if:
(a) You fail to pay any charges due to us on the due date; or
(b) we have reasonable cause to believe that the services are being used in a way forbidden by section 5.24 below (even if you are not aware the services are being used in such a way); or
(c) You become bankrupt or make any arrangement with your creditors or if we have good reason for believing that you are unable to pay the charges; or
(d) in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment card, SIM card, or product; or
(e) you are persistently abusive or make threats or otherwise act illegally towards our staff or our property or the staff or property of our agents or contractors.
5.22 You may have to pay an unbarring charge and, if applicable, a re-connection charge if the service is temporarily barred and the product is disconnected from the service for the reasons stated in section 5.24. As a condition of unbarring or reconnecting the service, we may require you to authorise a direct debit for the payment of charges.
5.23 If we bar or disconnect all or part of the service, your contract with us will still continue until it is terminated under and in accordance with section 7 below. You must continue to pay the charges for the services during any period in which the services have been barred or disconnected. We may waive such charges at out sole discretion.
5.24 You must not use or permit any other person to use, all or any of the services:
(a) fraudulently, in connection with a criminal offence, in breach of any law or statutory duty;
(b) for any unlawful or improper purpose or in any manner which could place us or our network provider in breach of any law;
(c) to send a call which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax in breach of any rights or privacy or otherwise unlawful;
(d) to cause annoyance, inconvenience or needless anxiety, as set out in the Communications Act 2003; (e) to generate AIT (Artificial Inflation of Traffic);
(f) in any way that will or may injure or damage any persons or the property of any person, the hardware, software and public telecommunications systems required in order to run the services or howsoever to cause the quality of the services to be impaired; or
(g) via a GSM Gateway so that the service is provided via the GSM Gateway to third parties. We may report incidents to the police or any other relevant official organisation.
6. Rights of third parties that we use to provide our services to you. Wireless network providers and SIM card providers wish us to make certain matters clear to you and have rights where they can act unilaterally with and without our knowledge.
6.1 Roaming restrictions. Roaming means using the service in countries other than the UK and is only available in some countries. Details of roaming availability can be obtained from Customer Services whose contact details are set out in clause 2.2. We reserve the right to restrict your geographic use of the services including calls to locations outside the UK.
6.2 Roaming charges. Roaming charges are as notified to you and charges apply not only to outgoing calls but also to incoming calls. Those charges are set by reference to charges payable to overseas network service providers which can be significantly higher than charges for equivalent services in the UK and this may result in roaming charges being significantly higher than standard charges for use of the same services in the UK. You must obtain our approval to use any SIM card outside the UK. We reserve the right to require you to provide some form of security such as a deposit before we allow you to use any SIM card supplied by us outside the UK.
7. Your rights to end the contract
7.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If you have just changed your mind about the product, see clause 7.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products; or
(b) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10.; or
(c) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.5.
7.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. This is called a cooling off period. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.3 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. If you cancel after we have started to provide the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought products, if so you have 14 days after the day you (or someone you nominate) receives the products.
7.4 Once the cooling off period has expired, if you have not exercised your right to cancel the contract, the contract shall remain in force in accordance with clause 3.3 and shall continue until terminated by you giving us one months’ notice in writing in accordance with clause 8.1 or until terminated by us in accordance with clause 9.
7.5 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products and services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products and services may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 5.9).
8. How to end the contract with us
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting customer services in accordance with clause 2.2.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please contact customer services as set out in clause 2.2 for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products and services are faulty or misdescribed; or
(b) if you are ending the contract because of a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery shown when you placed your order.
8.5 How we will refund you. We will refund you the price you paid for the products and services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) With respect to services, we may deduct from any refund an amount for the supply of the service for the period for which they were supplied, ending when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) In respect of products which we have not offered to collect from you, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return a product to us, see clause 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. 9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(c) where applicable, you do not, within a reasonable time, allow us access to the delivery address to install the products.
9.2 You must compensate us if we have to break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products and services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least one month in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact our customer services as shown in clause 2.2.
10.2 Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with these terms. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights|
|This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
With respect to products, the Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
• up to 30 days: if your products are faulty, then you can get an immediate refund.
• up to six months: if your products can’t be repaired, then you’re entitled to a full refund or a replacement, in most cases.
• up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
See also clause 7.2. With respect to services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
11. Price and payment
11.1 Where to find the price for the product and services. The price of the product and services (which may include or exclude VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product and services advised to you is correct. The price for the services may include a monthly allowance for the use of wireless voice calls, data usage, and texts. If you exceed your monthly allowance, we reserve the right to charge you for the excess used at any time after that month.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes, we will adjust the rate of VAT that you pay. You will not be charged any additional VAT for products or services you have already paid for before the change in the rate of VAT takes effect.
11.3 When you must pay and how you must pay. We accept payment with all major debit and credit cards. When you must pay depends on what product you are buying:
(a) For products, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products.
(b) For services, you must pay for the services by direct debit.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and services as summarised at clause 10.2 but where it is lawful to exclude our liability to you, we do.
12.3 When we are liable for damage to property. If we are installing the products in a property, we will make good any damage to the property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to the property that we discover while providing the services.
12.4 We are not liable for business losses. We only supply the products and services for domestic and private use. If you use the products and services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Other important terms
13.1 We may transfer our contract with you to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products and services, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products and services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products and services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products and services in either the Northern Irish or the English courts.