Terms of Service

Terms of use

1. The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.
3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
   1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
   2. you shall ensure that all Users of your Account abide by these Terms.
4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
5. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content on our Platform.
6. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
8. The following additional terms also apply to your use of our Platform and form part of these Terms:
   1. Our Anti-Spam Policy
   2. Our Privacy Policy
   3. Our Cookie Policy

Acceptance

1. Your access to and use of the services is conditioned on your acceptance of and compliance with all applicable terms.
2. We reserve the right to change these terms at any time.
3. By accessing, browsing and/or using the services after updates to these terms have been posted, you agree to be bound by the updated terms.
4. Your failure to comply with the Terms may result in the suspension or termination of your access to the Services and may subject you to civil and criminal penalties.

General Conditions

1. We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
2. We make material changes to these Terms from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
3. The Platform is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the Terms of this Agreement as they apply to the Service.

License to use the Platform and Limits

1. We may provide you with certain information because of your use of the Platform or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Platform or Services ('Our Materials').
2. Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Platform and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Platform or Services or at the termination of this Agreement.
3. The limits that apply to your account depends upon this plan you have subscribed to. You can check your plan limitation by visiting https://www.equp.com/pricing

Subscription, Payments, Renewals and Refund

1. Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them ('Fees'). These Fees will be notified to you through our Platform.
2. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Platform. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees:
   1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
   2. on the renewal date of the subscription period thereafter, without any further action by you.
3. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Platform or any of the Services.
4. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
5. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
6. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods and payment gateways (Currently Stripe, Authorize.net, Paypal). We shall not be liable for any failure, disruption or error in connection with your chosen payment method and payment gateways. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
7. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
8. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our Platform, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
9. Unless otherwise specified in these Terms or Pricing page, all Subscription and Add-ons fee are non-refundable. We do not provide refunds or credits for any partial use or non-use of the Services
10. Unless otherwise specified in Pricing, the Subscription Fees and Add-ons fee do not include any taxes, duties, fees or other amounts assessed or imposed by any government authority, for which You are responsible except for taxes imposed on Our income. You agree to pay or reimburse Us for all such amounts upon demand or provide evidence of payment or exemption.
11. We reserve the right to change the subscription plans and add-ons fees. If the change in fee applies to you, we will notify you at least 30 days in advance of your renewal and renewal fee will apply at the start of next renewal term.
12. You may prevent the renewal of your Subscription Term to EQUP services by emailing us a info@equp.com at least 10 days prior to your next billing date.
13. In order to receive payments from your customers, you need to attach your payment merchant account with one of the payment methods provided by EQUP. Doing so you agree and accept to assume the merchant payment fee for every payment you receive from your customer. We will not be responsible for any fee deduction from your merchant account.

User Content

1. The Platform permits you to share and submit content etc. but you are solely responsible for the content provided by you.
2. When sharing and submitting content to the Platform, please do not share and submit content that:
   1. contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.
   2. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
   3. violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
   4. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
   5. violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
   6. sends repeated messages and/or makes derogatory or offensive comments about another individual or repeats the same message under multiple emails or subjects.
3. Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the Platform without advanced notice.

Intellectual Property

1. You agree that the Platform and all Services provided by us are the property of EQUP, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ('Our IP'). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
2. To make the Platform and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Platform. We claim no further proprietary rights in your Content.

User Obligations

1. As a user of the Platform or Services, you may be asked to supply identifying information to us.
2. You may also provide personal information, including, but not limited to, your name.
3. You are responsible for ensuring the accuracy of this information. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Platform or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
4. You shall not and shall not permit any other third party to: (i) attempt to interfere with the Services, infiltrate, hack, reverse engineer, decompile, or disassemble the Services (ii) publish, distribute, share, sell, lease, transfer or otherwise make the Services available to any third person or entity and will use its best efforts to prevent the misuse or unauthorized use the Services by any third person or entity; (iii) sub-license its right to access and use the Services or provide remote access to the Services to or for the benefit of any third party or any unauthorized person; (iv) use the Services to compile similar databases or other services; (v) use the Services to determine a consumer’s eligibility for credit or insurance for personal, family or household purposes, employment or governmental license or benefit or for any purpose covered by the Fair Credit Reporting Act; (vi) violate third parties’ rights to privacy and other rights; (vii) use the Services in any way which can be deemed to be stalking, offensive, abusive, defamatory, fraudulent or deceptive, threatening, advocating harassment or intimidation; (viii) use the Services or in violation of any applicable law or in any way which promotes illegal activities, including, without limitation, privacy and data protection and SPAM laws; (x) disparage or misrepresent the capabilities or reputation of EQUP.
5. In any use of the Services, you agrees to comply with all applicable data protection, security, marketing or privacy-related laws, statutes, directives or regulations, including but not limited to: (a) General Data Protection Regulation (“GDPR”) together with any amending or replacement legislation, any EU Member State or United Kingdom laws and regulations promulgated thereunder, (b) the California Consumer Privacy Act of 2018 and the California Consumer Privacy Act Regulations ('CCPA') together with any amending or replacement legislation, (c) Brazil’s General Data Protection Law ('LGPD'), (d) Federal CAN-SPAM Act of 2003 and Canada’s Anti-Spam Legislation together with any amending or replacement legislation, and (e) and all other equivalent laws and regulations in any relevant jurisdiction relating to Personal Data and privacy, as each may be amended, extended or re-enacted from time to time. In case of any violation of the restrictions in this Section, EQUP may immediately suspend your access to the Services. In addition to any other damages, it may be entitled to under the law, should you or any person using the Services through your account knowingly breach any material term of this Agreement, EQUP shall have a right to injunctive relief, including attorneys’ fees and court costs, as required to cure the breach.

Acceptable Use

1. You agree not to use the Platform or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Platform or Services in any way that could damage the Platform, Services, or general business of EQUP.
2. You further agree not to use the Platform or Services:
   1. to harass, abuse, or threaten others or otherwise violate any person's legal rights.
   2. to violate any of our intellectual property rights or any third party.
   3. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
   4. to perpetrate any fraud.
   5. to publish or distribute any obscene or defamatory material.
   6. to publish or distribute any material that incites violence, hate, or discrimination towards any group.
   7. to unlawfully gather information about others.
3. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
   1. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
   2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
   3. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
   4. to comply with all applicable technology control or export laws and regulations; and
   5. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

Assumption of Risk

The Platform and Services are provided for communication purposes only. You acknowledge and agree that any information posted on our Platform is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the services on the Platform is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Platform.

Reverse engineering and security

1. You agree not to undertake any of the following actions:
   1. Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Platform or Services
   2. Violate the security of the Platform or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

Indemnification

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Platform or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defence if we wish.

Exclusion of liability

1. You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
2. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the EQUP Platform including loss of data or information or any kind of financial or physical loss or damage.
3. In no event shall EQUP, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

Anti-Spam

You are strictly prohibited from using the Platform or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. You expressly agree to and warrant that you have read and accept our Anti-Spam Policy.

Third-party links and content

We may occasionally post links to third-party Platforms or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from our Platform.

Modification and variation

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

Entire agreement

This Agreement constitutes the entire understanding between the Parties concerning any use of this Platform. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Platform.

Service interruptions

We may need to interrupt your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.

Term, Termination and Suspension

No Warranties

You agree that your use of the Platform and Services is at your sole and exclusive risk and that any Services provided by us are on an 'As Is' basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform or Services will meet your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Platform or Services is your sole responsibility and that we are not liable for any such damage or loss.

Limitation on liability

1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, including reliance on any Consultant’s Advice, is at your sole risk.
2. You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
   1. loss of profits, sales, business, or revenue;
   2. business interruption;
   3. loss of anticipated savings;
   4. loss or corruption of data or information;
   5. loss of business opportunity, goodwill or reputation; or
   6. any other indirect or consequential loss or damage.
   7. Nothing in these Terms shall limit or exclude our liability for:
   8. death or personal injury resulting from our negligence;
   9. fraud; and/or
   10. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
3. Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

Platform Management

1. We reserve the right, but not the obligation, to:
   1. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
   2. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
   3. in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
   4. otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

Privacy

1. For the purposes of applicable data protection legislation, EQUP will process any personal data you have provided to us in accordance with our Privacy Policy available on the EQUP website.
2. You agree that, if you have provided EQUP with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to EQUP and (b) that you have brought to the attention of any such third party the Privacy Policy available on the EQUP’s website or otherwise provided a copy of it to the third party. You agree to indemnify EQUP in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

User Data

1. We will maintain certain data that you transmit to the Platform for the purpose of managing the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform.
2. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Confidentiality

1. Each Party may be given access to Confidential Information from the other party to perform its obligations under this Terms of Services. A Party's Confidential Information shall not be deemed to include information that: (a) is or becomes publicly known other than through any act or omission of the receiving Party; (b) was in the other Party's lawful possession before the disclosure; (c) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
2. Parties shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party. The use of the other's Confidential Information shall only be for implementation of Terms of Services.
3. Parties shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of services.
4. Neither Party shall be responsible for any loss, destruction, alteration, or disclosure of Confidential Information caused by any third party, except when such disclosure is caused due to the negligence or wilful misconduct of the other Party.
5. This clause shall survive the termination of this Agreement, however, arising.

Force Majeure

1. No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to power failure, internet Just Right Consulting failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
2. In the event that a Party to this Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period of 5 Days, the other Party may at its discretion terminate this Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of this Agreement.

Electronic Communications, Transactions, And Signatures

1. Using the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.
2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform.
3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Call recording

You are solely responsible to obtain proper consent before recording phone calls using EQUP's calling feature, as required by the applicable law in all jurisdictions governing use of the service by you.<br>You agree to be responsible for any communication and content exchanged on call through EQUP's calling feature. When sharing such content and communications with us, you represent and warrant that you have all necessary rights to share those with us and that we may process them in order to provide you with the Service.

Binding Arbitration

1. If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ('AAA') and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ('AAA Consumer Rules'), both of which are available at the AAA Website www.adr.org.
3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.

Class Action Waiver

The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.

Waiver of Jury Trial

Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

European Online dispute resolution

The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at European Online dispute resolution. We are however not prepared to participate in an out-of-court conciliation procedure before a consumer dispute resolution body.

General Provisions

1. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of EQUP will bind and inure to any assignees, administrators, successors, and executors.
2. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
3. If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
4. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
5. No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
6. We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19.
7. The terms herein will be governed by and construed by the laws of India without giving effect to any principles of conflicts of law. The Courts of India shall have exclusive jurisdiction over any dispute arising from the use of the Platform.