These Terms and Conditions (together with any other terms and conditions incorporated into these Terms and Conditions) constitute the entire agreement between Victor and Alto Account Holders and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Alto Account Holders will not have any remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Alto Account Holders agree that they will have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
A failure or delay by Victor to exercise any right or remedy provided under these Terms and Conditions or by law will not constitute a waiver of that or any other right or remedy, nor will it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise by Victor of any right or remedy provided under these Terms and Conditions or by law will prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph 10.4 will not affect the validity and enforceability of the rest of these Terms and Conditions.
Alto Account Holders may not assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of their rights and obligations under these Terms and Conditions without the prior written consent of Victor.
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.