Terms and Conditions

BritMex.com Terms & Conditions

These Terms and Conditions and our Privacy Policy govern your use of the BritMex.com website (BritMex.com Site) and your relationship with BritMex.com (BritMex, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions and/or our Privacy Policy, please do not register for or use the BritMex.com Site. Please note that to use any of the services provided on the BritMex.com Site, you are required to register as an authorised user on the site.

1.   Use of the BritMex.com Site

The BritMex.com Site is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Policy. By using the BritMex.com Site you agree to be bound by these Terms and Conditions and our Privacy Policy.

The BritMex.com Site is made up of an Online Store. These Terms and Conditions govern your use of the BritMex.co.uk Site and all services provided in connection with these.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

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2.   Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via a suitable announcement on the BritMex.com Site. The changes will apply to the use of the BritMex.com Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the BritMex.com Site. If you continue to use the BritMex.com Site after the date on which the change comes into effect, your use of the BritMex.com Site indicates your agreement to be bound by the new Terms and Conditions.

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3.   Registration

To register with BritMex.com you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

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4.   Password and security

When you register to use the BritMex.com Site you will be asked to create a password that will give you access to your Account. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately by telephone or our website Contact Us form.

If BritMex.com has reason to believe that there is likely to be a breach of security or misuse of the BritMex.com Site, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.

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5.   Credits

You might need to have credits in order to shop at the BritMex.com Site. These credits are available for purchase only from BritMex and are stored electronically in your Account in BritMex.com.

Bonus coupons, product or discount coupons issued by manufacturers or promoters cannot be redeemed against purchases from the BritMex.com site.

Your use of credits indicates your agreement to be bound by this Terms and Conditions.

BritMex reserves the right to withdraw or cancel credits for any reason at any time.

5.1 "Credits" are virtual tokens that we license

Each credit is a virtual token representing contractual permission from BritMex to purchase products from BritMex.com. Credits are available for purchase or distribution at BritMex's discretion, and are not redeemable for monetary value from BritMex.

Credits are virtual tokens each of which constitutes a limited license permission to use features of our service as set forth below. BritMex may or may not charge fees to acquire or use Credits, and these fees may change at any time.

When you acquire a Credit, BritMex hereby grants you a limited license ("Credit License") to use the Credit as a virtual token to be held, bartered, traded and/or transferred in BritMex.com Site with other users (and/or BritMex), in exchange for permission to access and use content, applications, services, and various user-created features and content, in accordance with these Terms and Conditions. The Credit License is transferable by the holder to any other user, provided that both users comply with these Terms and Conditions, maintain their Accounts in good standing, and are not delinquent on any Account payment requirements. Except as expressly permitted by this Terms and Conditions or otherwise expressly permitted by BritMex, the Credit License may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms and Conditions is null and void. BritMex may revoke the Credit License at any time without notice, refund or compensation in the event that: (i) the Credit program is suspended or discontinued; (ii) BritMex determines that fraud or other illegal conduct is associated with the holder's Account; (iii) BritMex imposes an expiration date on usage of Credits in compliance with applicable laws and regulations; (iv) the holder's Account is terminated for violation of these Terms and Conditions; or (v) the holder becomes delinquent on any of that user's Account payment requirements, ceases to maintain an active Account or terminates this Terms and Conditions agreement.

You acknowledge that Credits are not real currency or any type of financial instrument and are not redeemable for any sum of money from BritMex at any time. You agree that BritMex has the right to manage, regulate, control, and/or modify the license rights underlying such Credits as it sees fit and that BritMex will have no liability to you based on its exercise of this right. BritMex makes no guarantee as to the nature, quality or value of the features of the service that will be accessible through the use of Credits, or the availability or supply of Credits.

5.2 BritMex offers an internal Credit exchange component, for transferring Credits between users, which uses the terms "Give Credits" to indicate the transfer of Credit Licenses.

The service includes a component called the "Give Credits", which refers to an aspect of the service through which BritMex permits transactions in which users may exchange their Credits with one another. You acknowledge that the “Give Credits” component has been created to enable users of BritMex.com to enhance their experience using the service with the ability to transfer license rights to other users of the Service, and that the terminology used is solely for the purpose of enabling this use of the Service.

Regardless of terminology used, you acknowledge that as used in this Terms and Conditions and throughout the service in the context of Credit transfers: (a) the term "Give credits" means "to transfer for consideration to another user their Credits in accordance with the Terms and Conditions".

You acknowledge that BritMex may deny any transfer individually or with respect to general volume, price or other limitations set by BritMex. BritMex may halt, suspend, discontinue, or reverse any Credit transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the service.

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6.   Standard Gift Certificates Terms and Conditions

1.   Using Gift Certificates

Gift Certificates can only be used online at www.BritMex.com subject to these general terms and conditions, and any other specific conditions notified to you on the issue of a Gift Certificates.

A Gift Certificate is redeemed by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the Gift Certificate.

Your use of a Gift Certificate indicates your agreement to be bound by these Gift Certificates Terms and Conditions.

BritMex reserves the right to withdraw or cancel a Gift Certificate for any reason at any time.

2.   Distribution of Gift Certificates

Gift Certificates are, and remain at all times, the property of BritMex.

The right to use a Gift Certificate is personal to the original recipient and may not be transferred. No Gift Certificate may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of BritMex.

Gift Certificates distributed or circulated without the written approval of BritMex, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

3.   Permitted usage of Gift Certificates

Unless expressly stated otherwise at the time of issue of the Gift Certificate;

1.      Each issued Gift Certificate will be valid for use by a recipient only once,

2.      Only one Gift Certificate will be valid for use per customer or household, as the case may be, and,

3.      A Gift Certificate may not be used in conjunction with any other special offer or Gift Certificate.

Even where Gift Certificates expressly state at the time of issue that they may be or not used in conjunction with other Gift Certificates or offers.

Gift Certificates cannot be exchanged for cash.

4.   Excluded goods and services

From time to time other goods or services may be excluded from all Gift Certificates and any such further exclusion will be notified to you along with the Gift Certificate or through the BritMex.com website.

Gift Certificates may be limited to redemption in respect of certain products or services or certain products or services may be excluded from the ambit of use of the Gift Certificate, in which case notice will be given to you at the time of issue of the Gift Certificate.

Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.

5.   Minimum spend requirements

Where the redemption of a Gift Certificate is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the Gift Certificate. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.

6.   Calculation of discount

Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.

Where purchases are stated to be offered on a "VAT-free" basis, the prices of qualifying items will be reduced by the equivalent of VAT. At the current VAT rate of 17.5% this equates to a discount of 14.89%.

Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.

7.   Security and Fraud

When you use a Gift Certificate you warrant to BritMex that you are the duly authorised recipient of the Gift Certificate and that you are using it in good faith.

If you redeem, attempt to redeem or encourage the redemption of Gift Certificates to obtain discounts or purchases to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any Gift Certificate is being used unlawfully or illegally we may reject or cancel any Gift Certificate and you agree that you will have no claim against us in respect of any rejection or cancellation. BritMex reserves the right to take any further action it deems appropriate in such instances.

If we refuse a Gift Certificate submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.

8.   Limitation of liability

At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

All offers are subject to availability and while stocks last.

BritMex shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Gift Certificate or any failure or inability of a customer or household to use a Gift Certificate for any reason.

9.   Miscellaneous

We reserve the right to vary or terminate the operation of any Gift Certificate at any time without notice.

The failure of BritMex to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceablility. BritMex reserves its rights in respect of these terms and conditions at all times.

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7.   Refunds on promotional offers

Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

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8.   Excluded Services

The service provided by the BritMex.com Site do not include the provision of computer or other necessary equipment to access the BritMex.com Site. To use the BritMex.co.uk site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

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9.   Intellectual property

The content of the BritMex.com Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the BritMex.com Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the BritMex.com Site without written permission from BritMex.com.

No licence is granted to you in these Terms and Conditions to use any trade mark of BritMex.com or its affiliated companies including, without limitation, the trade marks BRITMEX.COm and FOOD-ON-DEMAND.

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10.    Limitations

You may not use the BritMex.com Site for any of the following purposes:

o        disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

o        transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice

o        gaining unauthorised access to other computer systems

o        interfering with any other person's use or enjoyment of the BritMex.com Site

o        breaching any laws concerning the use of public telecommunications networks

o        interfering or disrupting networks or web sites connected to the BritMex.com Site

o        making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

BritMex.com reserves the right to refuse to post material on the BritMex.com Site or to remove material already posted on the BritMex.com Site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

o        any claim by any third party that the use of the BritMex.com Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

o        any claim by any third party that the use of the BritMex.com Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

o        any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the BritMex.com Site by you.

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11.    Availability of the BritMex.com Site

Although BritMex.com aims to offer you the best service possible, BritMex.com makes no promise that the services at the BritMex.com Site will meet your requirements. BritMex.co.uk cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at customer.service.1212@britmex.com  and we will attempt to correct the fault as soon as we reasonably can.

Your access to the BritMex.com Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. BritMex.com will attempt to restore the service as soon as it reasonably can.

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12.    BritMex.com's right to suspend or cancel your registration

BritMex.com may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the BritMex.co.uk Site.

The suspension or cancellation of your registration and your right to use the BritMex.com Site shall not affect either party's rights or liabilities.

Paragraphs 9, 10 and 13 of these Terms and Conditions shall survive cancellation.

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13.    BritMex.com's liability

The BritMex.com Site is provided by BritMex.com without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The BritMex.com Site provides content from other Internet sites or resources and while BritMex.com tries to ensure that material included on the BritMex.com Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. BritMex.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the BritMex.com Site. If BritMex.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

o        incompatibility of the BritMex.com Site with any of your equipment, software or telecommunications links

o        technical problems including errors or interruptions of the BritMex.co.uk Site

o        unsuitability, unreliability or inaccuracy of the BritMex.com Site

o        inadequacy of the BritMex.com site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the BritMex.com Site.

Nothing in this paragraph applies to BritMex.com's liability in respect of products sold through the Online Store.

Nothing in these Terms and Conditions shall exclude BritMex.com's liability for personal injury or death caused by its negligence.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

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14.    Third Party Websites

As a convenience to BritMex.com customers, the BritMex.com Site includes links to other web sites or material which are beyond its control. BritMex.com is not responsible for content on the Internet or World Wide Web pages, or any other site outside the BritMex.com Site.

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15.    Advertising and Sponsorship

Part of the BritMex.com Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the BritMex.com Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

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16.    Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

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17.    International Use

BritMex.com makes no promise that materials on the BritMex.com Site are appropriate or available for use in locations outside the United Kingdom, and accessing the BritMex.com Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

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18.    Expiry Date on Payment Card

Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of despatch for goods and in the event that the payment card has expired we will be unable to take payment and fulfil your order.

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19.   Use of interaction tools

BritMex.com site allows users to interact with each other and post content. We advise you not to post or in anyway reveal any of your personal details (for example, your address and telephone number).

You may not use BritMex interaction tools for any of the following purposes:

o        disseminating any unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

o        transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

o        transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam";

o        gaining unauthorised access to other computer systems;

o        interfering with any other person's use or enjoyment of the BritMex Site;

o        making or transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;

o        impersonating another person;

o        referring to specific website addresses outside of BritMex.com; or

o        advertising

BritMex does not control the content placed using the interaction tools. However, BritMex reserves the right to refuse to post material, to remove material posted and to contact you in the event that there are concerns about the content you have added. BritMex may review or edit the content posted using the interaction tools. Therefore, if you have concerns about any of the content you should contact us by our Contact Us form. The relevant content may be removed. If we believe that any material placed by you is unlawful we may contact the relevant authority.

BritMex makes no representations as to the validity of any opinion, advice, information or statement displayed using the interaction tools by third parties. You are solely responsible for the content of your messages posted and the views expressed by individuals do not represent the views of BritMex.co.uk.

You will be responsible for:

o        any claim by any third party that the use of the interaction tools by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

o        any claim by any third party that the use of the interaction tools by you infringes that third party's copyright or other intellectual property rights of whatever nature;

o        any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the interaction tools by you.

By submitting material you are granting BritMex a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.

You will be responsible for our losses and costs resulting from your breach of these interaction tools terms and conditions.

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20.    Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and BritMex.com ignores this, BritMex.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

BritMex.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

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The BritMex.com Site is owned and operated by BritMex.com, 7-11 Minerva Road, C/O The Olive Grows, Alpha Beta Center, Unit Office A51-A52, London, NW10 6HJ, United Kingdom.

If you have any queries please use our Contact Us form.

BritMex.com Privacy Policy

BritMex is committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have any requests concerning your personal information or any queries with regard to our processing please use our Contact Us form.

Information collected

BritMex collects the details provided by you on registration together with information we learn about you from your use of our service and your visits to our web site and other sites accessible from them. We also collect information about the transactions you undertake including details of payment cards used.

We may collect additional information in connection with your participation in any promotions or competitions offered by us and information you provide when giving us feedback or completing profile forms. We also monitor customer traffic patterns and site use which enables us to improve the service we provide.

Access to Account information

We will access the information recorded through the use of your Account to help us improve our service to you and to make our communications more relevant.

For instance, if you use our online store service, whenever you buy products, we can automatically add it to your "favourite products" list for the online service.

Use of your information and your preferences

We will use your information to provide and personalise our service and to detect and prevent fraud. We will also use your contact details to communicate with you. We may use your information to send you offers and news about BritMex products and services or those of other carefully selected companies which we think may be of interest to you. We may contact you by post, email, telephone or fax for these purposes.

Once you have registered to use BritMex.co.uk, you will be provided with access to an "Account" page that will allow you to tailor our communications to your preferences.

To change your contact preferences simply click "My Account" in the Home menu and click “Edit". If you do not want to receive specific communications from us, please select your choices by using the boxes available on that page (Mass contact settings).

We like to hear your views to help us improve our service. From time to time, we may contact you by post, email, telephone or fax to ask your opinions. Again, if you do not want to be contacted for this purpose, please let us know by our Contact Us form.

We may use your information to verify your identity and prevent or detect fraud. In performing these checks your information may be disclosed to credit reference agencies, who may keep a record of that information. This is not a credit check and your credit rating will be unaffected.

Please note that there may be instances where it may be necessary for us to communicate with you, in any event, for administrative or operational reasons relating to our service.

Disclosures of your information

Your information will not be passed to and used by other companies. We will never pass your personal information to anyone else, except where we are required or permitted to do so by law, for any successors in title to our business and suppliers that process information on our behalf both in the UK and abroad. We may also use and disclose information in aggregate (so that no individual customers are identified) for marketing and strategic development purposes.

Other web sites

Our web site may contain links to other web sites which are outside our control and are not covered by this Privacy Policy. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours.

Cookies

"Cookies" are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. You can find out more about the way cookies work on http://www.cookiecentral.com. BritMex.co.uk uses cookies for a number of purposes, for instance to enable us to simplify the logging on process for registered users, to help ensure the security and authenticity of registered users, to provide the mechanisms for online shopping and to enable traffic monitoring.

Non-registered visitors of the site are sent anonymous cookies to keep track of their browsing patterns and build up a demographic profile. In addition, any visitor who has clicked on a BritMex.com advertisement on another site that links to BritMex.com will be sent anonymous cookies that will allow us to analyse advertising effectiveness and manage our relationship with affiliate sites.

Whilst you do not need to allow your browser to accept cookies in order to browse much of our web site or to access many of our services, you must have cookies enabled if you wish to shop online at any of our stores or access any areas reserved for registered users.

Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser. As described above this will restrict the online BritMex.com services you can use.

Access rights

To obtain a copy of the personal information BritMex holds about you, please write with full details to us at: BritMex.com, 7-11 Minerva Road, C/O The Olive Grows, Alpha Beta Center Unit Office A51-A52, London, NW10 6HJ, United Kingdom.