SOFTWARE AS A SERVICE PROVIDER AGREEMENT TERMS
This Software as a service provider agreement (hereinafter referred to as the “Agreement”) is between Tap Sense Technologies, a cloud based application for users who wish to upload their 3-Dimensional and 2-Dimensional models (hereinafter referred to as the “application/app”, “We”, “Us”, “Our” “Company”, “Software”) and the individual, entity/organization agreeing to these terms (hereinafter referred to as “clients”, “You”, “Your”). This Agreement governs your subscription to and use of our software/services through our application. You may not access the Services if you are our direct competitor, unless we consented to such access in advance in writing.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE INSTALLING, EXECUTING OR USING OUR SOFTWARE, ITS SERVICES AND BEFORE ACCEPTING ITS TERMS. BY INSTALLING, EXECUTING OR USING OUR SOFTWARE OR SERVICES, YOU SIGNIFY ASSENT TO THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT INSTALL, EXECUTE OR USE OUR SOFTWARE AND/OR SERVICES.
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, CLIENTS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
“Tap Sense Technologies” and “Client” shall also together be referred to as “Parties” and individually as a “Party”.
1. DEFINITIONS AND INTERPRETATION:
1.1. “Authorised Users” shall mean our clients, its employees, agents and independent contractors who are authorised by the Client to use the application/software, services and the Documentation.
1.2. “Confidential Information” shall mean information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 12 of this agreement.
1.3. “Client Data” shall mean the client’s business data like customer details, finances, bookings, repairs, etc inputted/shared by the Client, Authorised users on our app via data integration methods or manual data entry method for the purpose of using the Services.
1.4. “Documentation” shall mean the document made available to the Client, authorised users by the app which sets out a description of the Services and the user instructions for the Services.
1.5. “Services” shall mean the subscription services provided by the website to the Client under this agreement as more particularly described in clause 3 of this agreement.
1.6. “Software” shall mean Tap Sense Technologies, an online software application provided as a part of the services.
1.7. “Virus” shall mean anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices
1.8. “Business Day” means any week day other than a bank or a public holiday in India
1.9. “Business Hours” means the hours of 10 AM to 7:00 PM IST on a Business Day;
1.10. “Plan” shall mean the annual plan that the Client shall purchase from the Company to avail the services
1.11. “Ticket” are generated by the customers of the Client and shows an overall status of their problem in regard to the use of the software.
2.1. Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
2.2. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) [and that person's legal and personal representatives, successors or permitted assigns].
2.3. Words in the singular shall include the plural and vice versa.
2.4. A reference to one gender shall include a reference to the other genders.
2.5. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
2.6. References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule to this agreement.
3.1. In order to avail our services you shall be required to create an account with us.
3.2. In order to register for an account with us (an "Account") you need to provide certain personal information such as name, email address, contact number and password
3.3. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
3.4. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
3.5. When creating an Account, don’t:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
3.6. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com
3.7. You may not transfer or sell your account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
3.8. Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
3.9. One individual can own only one account in his/her name.
3.10. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
4.1. Tap Sense Technologies is a cloud based custom software and provides for uploading of the 3-Dimensional and 2-Dimensional models and has the following other services and features:
a. Upload 2D images
b. Upload zip file for 3D models (should contain GLTF, USDZ and related files)
c. Define collection of multiple objects
d. Unique URL for each object and collection will be available
e. URL can be embedded on any HTML page
f. Objects can be viewed as
iii. Augmented reality
iv. In-Room view
v. Persistent anchors
g. Chat functionality is available on each object page
h. Data is recorded for analytics and engagement
i. Customer needs to provide email Id and Password to use chat functionality
j. Customer data will be saved in their browser cookies
k. Personal social media links can be integrated in the portal
4.2. There is no free trail available for the software.
4.3. The users will have to purchase a basic annual subscription plan as listed on the website in order to avail the services provided by the software.
4.4. There are two users on our website:
a. Portal User- These are the user who purchases the subscription plan to the software in order to use its features.
b. Customers- They are the users who see the models uploaded by the Portal Users. They have to provide name, email id if they wish to chat with the portal users.
4.5. Subscription Plan can be used only for the period of one year. Post which it will have to be renewed. The Portal Users can upgrade their subscription plan during the year as per their requirement.
5.1. All the payments shall be in Indian National Rupee (INR).
5.2. You can make payments via the methods available on the website.
5.3. All the payments made hereunder are non-cancellable and non-refundable.
5.4. Users expressly agree and acknowledge that our website may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website.
5.5. Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our website may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
5.6. Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
5.8. The Company reserves the right to offer the discounts/promotional offers to any customer of its own choice and shall not be held liable to any customer for not offering the same. The discounts/offers have been made available at the sole discretion of the Company and are subject to change / amendment / modification from time to time. The Company may at its sole discretion, at any time discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever.
5.9. The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the customer shall be deemed to have been made on a voluntary basis. All disputes are subject to the exclusive jurisdiction of the competent courts/tribunals of India.
6. FRAUDULENT/DECLINED TRANSACTIONS
6.1. Our website reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
6.2. We as Service Providers shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder.
7. NO WARRANTY
Our website attempts to be as accurate as possible. However, our website does not warrant that product descriptions or other content of the site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, please contact through the Contact Option appearing on the website.
8. RETURNS AND REFUNDS
We do not accept any returns and refunds, plan once purchased are non-refundable. The software plan once subscribed will terminate only at the end of the period for which the plan has been subscribed for. Thereby no request for returns and refunds of the fee for subscription plan shall be processed by us.
9. WARRANTIES BY USERS:
9.1. Users warrant as follows:-
a. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website without prior intimation whatsoever.
b. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
c. That the address at which delivery of the product ordered by you is to be made will be correct and specific.
d. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
e. You shall at all times ensure full compliance with various laws regarding your use of our services.
10. MISUSE OF THE WEBSITE:
10.1. You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
10.2. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
10.3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
10.4. You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.
10.5. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
10.6. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
10.7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
10.8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
10.12. It is possible that any of the user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
10.13. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All right, title, and interest in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of India. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website.
12. INTELLECTUAL PROPERTY RIGHTS:
12.1. Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of our website or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
12.2. The website names and logos and all related service and our slogans are the trademarks or service marks of our website. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
12.3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this website is the property of our website or its suppliers and protected by copyright laws of India. The Contents and software on this website may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our company and is also protected by Copyright laws of India.
12.4. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
12.5. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice at firstname.lastname@example.org requesting that the material be removed, or access to it blocked, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Your contact information, including your address, telephone number and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
12.6. You should assume that everything that you see or read on this website is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our website or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our website, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our website which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this website is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
Users agree to defend, indemnify and hold harmless our website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
14.1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
14.2. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
a. if we determine that you have breached, or are acting in breach of, this User Agreement;
b. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
c. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
d. you do not respond to account verification requests;
e. to manage any risk of loss to us, a User, or any other person; or
f. For other similar reasons.
14.3. If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the website.
14.4. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
15. GOVERNING LAW:
15.1. This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its choice of law principles.
15.2. The parties consent to exclusive jurisdiction and venue in the courts sitting in Pune, India
16. RESOLUTION OF DISPUTES AND JURISDICTION:
16.1. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2. The venue for arbitration shall be Pune.
16.3. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
17.1. The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
17.2. The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We 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 Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
a. Your use of or your inability to use our Website, Services and tools;
b. Delays or disruptions in our Website, Services, or tools;
c. Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
d. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
e. The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
f. A suspension or other action taken with respect to your account; and
17.3. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
17.4. The website and the Company shall not be liable for any copyright issues that arise on the content that have been uploaded by you through the use of the software.
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at email@example.com upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the website, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
20. NO INSURANCE:
You expressly agree that our website does not offer any insurance or guarantee as to the claims, offers and products offered by the Users on our website or the payment details of the Users.
21. EXPRESS RELEASE:
You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes amongst users or third parties through or on our website.
22. USER AGREEMENT AS DEFENCE:
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
24. OUR SERVICE AND GUARANTEES:
Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the website, and operation of the website may be interfered with by numerous factors outside our control.
25. LINKS TO OTHER WEBSITES:
26. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
28.1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
28.2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
29. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
30. DIGITAL SIGNATURE:
30.1. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
30.2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
30.3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support at firstname.lastname@example.org . If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
30.4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at email@example.com.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our website. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our website. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this website.
32.1. Our website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at firstname.lastname@example.org or by clicking the unsubscribe link in our emails sent to you.
32.2. You consent to receive notices and information from us in respect of the website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
33. ENTIRE AGREEMENT:
The Agreement, in connection with the other obligations and rules detailed in writing on the website, constitute the entire agreement between you and the website and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the website. Nothing in this subsection will prevent the website from modifying the terms of these Terms and Conditions and posting such
34. CONTACT US:
For any further clarification of out Terms and Conditions, please write to us at email@example.com.