MyBaan
User Agreement (Terms of use)

User Agreement (Terms of use)

TERMS OF USE

These terms and conditions (the “Agreement”) mandate the terms on which the users, i.e., user, buyer, seller, or customer (“You” or “Your” or “Yourself” or “User”), access, register and/or use the Facilities (defined hereunder) on the website http://mybaan.com (the “Platform”), operated by W Cloud Technologies (“We” or “Our” or “Us” or “Company”). This Agreement is a legal and binding contract between You and the Company. Please read this Agreement carefully before using the Platform.

Definitions

“Account” means an account created by a User for accessing/ using the Facilities by registering themselves on the Platform by providing details such as their name, address, contact details, etc.

"Buyer" means any user of the Platform who purchases a Product or Service listed on the Platform by a seller.

“Facilities” means the facility provided by Us to the Users to offer, sell and buy Products and Services on the Platform.

“Platform” means the website accessible on http://mybaan.com

“Product” means any product listed by the Seller on the Platform for sale and which may include without limitation house, land, bungalow, flat, building, office etc.

"Seller" means any user of the Platform who offers Products or Services for sale on the Platform.

“Services” mean any paid or free-of-charge services listed by the Seller on the Platform and which may include without limitation cleaning, carpentry, painting, salon, massage, consulting services, etc.

"User" means any person or legal entity who accesses or uses the Platform or Facilities.

“Listing” means information published on the Platform by the Seller or Buyer about the Products and/or Services, which the Seller or Buyer intends to sell/provide or purchase/avail respectively, and may include without limitation the title, description, price, pictures, videos (including copyright images and/or videos) of the Product and/or Service they intend to sell/provide or purchase/avail, address, location, geographic coordinates or any other additional information.

Interpretation

Words using the singular or plural number also include the plural or singular number respectively.

References to the masculine, the feminine or the neutral gender shall include each of the other genders.

The terms “hereof”, “herein”, “hereto” and derivative or similar words refer to this entire Agreement.

The reference to the expression “his”, “he” shall, wherever the context admits, include and refer to “its”, “it”, “she”, “her”.

References to the word “include” or “including” shall be construed without limitation.

If this Agreement is entered into for and on behalf of a business entity, the terms “You”, “Your”, “Yourself” or “User” shall mean and refer to such business entity for and on whose behalf the Platform is being accessed and/or Facilities are being used, unless the context suggests otherwise.

Acceptance.

Use of and access to the Platform is offered to You upon the unconditional of acceptance of all the terms, conditions and notices contained in this Agreement, along with any amendments, modifications made by the Company at its sole discretion, from time to time, and published on the Platform. By accessing the Platform or using the Facilities in any way, You agree that You have read, understood and agreed to be bound by the Agreement, regardless of how you subscribe to or use the Facilities of the Platform. The Company reserves the right, in its sole discretion, to modify this Agreement at any time. Such modifications shall be published on the Platform. Your continued access to or use of the Platform and/or the Facilities following such modification shall be deemed acceptance of the modified Agreement. If You do not agree to this Agreement, do not access and/or use the Platform or the Facilities.

Eligibility.

You agree to use the Platform in compliance with this Agreement and applicable laws, and in a manner that does not violate Our legal rights or those of any third party’s rights. You shall be eligible to register on the Platform and use Our Facilities only if You are “competent to contract” within the meaning of applicable laws.

To access or use the Facilities, You must have attained at least 18 years of age or the legal age of majority in your jurisdiction (if different than 18) and must not be legally barred to enter into this Agreement in any manner whatsoever. By accessing or using the Facilities, you represent and warrant that you meet these eligibility requirements and are not a person barred from entering into an agreement or from receiving the Facilities under the applicable laws. If You wish to access the Platform and/or use the Facilities as a minor, such use shall be made available to You by Your legal guardian or parent, who has agreed to this Agreement. If a minor is accessing the Platform and/or using the Facilities, it is assumed that he/she has obtained the consent of the legal guardian or parent, and such use is made available by the legal guardian or parent. The Company shall not be responsible for any consequence that arises as a result of use/ misuse of the Platform or any of the Product or Services that may occur by reason of any person including a minor registering for the Products/Services being offered/availed on the Platform.

The Company reserves the right, in its sole discretion, to refuse access to the Platform or Facilities to any User or to terminate the access granted to existing User(s) at any time (without according to any reasons for the same) if it is discovered that You are a minor and consent to use the Platform and its Facilities is not provided by the legal guardian or parent or any information provided by You is inaccurate. You acknowledge that the Company does not have any responsibility to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet all required qualifications to enter into this Agreement.

User Account.

For availing of the Facilities on the Platform, You will be required to register on the Platform and create an Account by providing details about Yourself such as Your name, address, contact information, and such other details as may be required on the Platform. A User shall not have more than one active Account on the Platform. A User Account for a legal entity must be operated by authorized personnel. However, the Company may allow a User to bifurcate between their corporate Account and personal Account under one User Account. You are explicitly prohibited from selling, trading, or otherwise transferring Your Account to a third party or impersonating any other person for the purpose of creating an Account on the Platform.

It shall be Your sole responsibility to ensure that the Account information provided by You is true, complete, accurate, and up to date. Any change in the Account information will have to be promptly changed or updated on the Platform by You. Any minor person should seek the consent of their legal guardian or parent before providing any personal data about themselves or their parents and/or other family members on the Platform. It shall be assumed by the Company that such consent has been obtained by the minor. If any information provided by You on the Platform is found to be untrue, inaccurate, incomplete, or outdated (or which becomes untrue, inaccurate, incomplete, or outdated) or if the Company has reasonable grounds to suspect that such information is/ has become untrue, inaccurate, incomplete or outdated, the Company, at its sole discretion, has the right to suspend or terminate Your Account and refuse any and all current and/or future use of the Platform without according any reasons for the same. This right is in addition to any other right that the Company may have against You at law or in equity for providing any false information or misrepresentation of information.

You shall be solely responsible for maintaining the confidentiality of Your Account information. All activities carried out in/from Your Account shall be deemed to have been undertaken by You. Any activity including the sale or purchase of any Product or Service made through/ from Your Account shall solely be Your responsibility and the Company shall not be responsible for any activity in/from Your Account in any manner, whatsoever. In the event of unauthorized use of Your Account or breach of security, You agree to promptly notify the Company of such unauthorized usage or breach of security.

You agree and affirm that the Company shall not be liable for any loss or damage that may arise from Your failure to keep Your Account information secure and confidential.

You agree not to use another User’s Account or Account information for accessing the Platform and/or availing the Services.

Verified Account.

A User may choose to verify their Accounts by voluntarily agreeing to an identity (ID) verification. Once a User verifies their Account, such an Account will receive a mark/ badge showing “Verified Account”. Please note that a Verified Account is no guarantee that the User has provided authentic and/or original documents. The company will simply check that the User provided identity proof and will try to check if the individual is the same person as shown in the ID proof by verifying through a webcam or video call. However, the Company disclaims any liability whatsoever in this regard and Users are expected to exercise caution while dealing with other Users on the Platform.

Facilities.

The company provides the Users with a Platform to offer, sell and buy Products and Services listed on the Platform or list their own Products and Services. The Company does not pre-screen the Users or the Product Listings/ content uploaded by the Users. Although You may be able to conduct communication with a Buyer/Seller, etc. through third-party vendors/service providers on the Platform, You understand and confirm that the Company is not involved in any of the aforesaid transactions in any manner whatsoever and that the Company has no control over such transactions or any part thereof. Your use of the Facilities and the Platform is at your own risk and the Company will not have any liability in relation to such transactions.

You agree that the Company is not responsible or liable for:

any Product or Service listed on the Platform or the quality, safety, legality, or morality of such Product or Service;
veracity or accuracy of the Listings, or true identity, age, or any other information of a User;
the ability of any Seller to sell a Product or offer a Service or the ability of a Buyer to pay for such Product or Service;
any other content posted by the User.

Conditions on Use of Platform, User Conduct, and Rules.

Subject to compliance with this Agreement, the Company grants You a non-exclusive, revocable, and limited license to access and use the Platform and avail the Facilities. You agree that You will use the Facilities and/or the Platform in a responsible manner only for such purposes as are legal and permitted under this Agreement; and for which the Facilities are intended. You further agree that Your use of the Platform and Facilities shall at all times be in accordance with the applicable local laws, regulations, and generally accepted practices and guidelines. You agree not to engage in any activities or use the Platform and/or Facilities in any manner that may be illegal or that adversely impacts the Company, Platform, and/or the use of the Platform by other Users.

You agree to access the Platform and its materials or Facilities only through the interface provided by the Company. You are prohibited from using any means other than the designated interface, including but not limited to deep-linking, robots, spiders, automatic devices, programs, algorithms, methodologies, or similar manual processes, to access, acquire, copy, or monitor any part of the Platform or its content. You shall not reproduce or bypass the navigational structure or presentation of the Platform, materials, or any content in order to obtain or attempt to obtain materials, bookings, documents, or information that are not explicitly available through the Platform.

You can provide Your feedback or share Your experience of using the Platform. However, the Company may or may not, in its sole discretion, act upon Your feedback.

You acknowledge and agree that by accessing or using the Platform or Facilities, You may be exposed to content from others that You may consider offensive, indecent, misleading, or otherwise objectionable. The Company disclaims all liabilities arising in relation to such content on the Platform. You agree and acknowledge that You are solely responsible for and You must evaluate and bear all risks associated with the use of such content; or relying on or acting upon any such content and under no circumstances will the Company be liable in any manner whatsoever, for any loss or damage of any kind incurred as a result of use of such content or relying on or acting upon such content.

The Platform allows You to post and upload any material/ list any Product or Services. You hereby undertake to ensure that such material/ Listing:

is in accordance with applicable local laws and the terms contained in this Agreement;
provide a fair, accurate, and complete description of the Product or Service, including its price;
should not redirect the User to any third-party websites.

You acknowledge and agree that Your Listings may rise and fall in priority in relation to other Users’ Listings as per the Platform’s rules relating to listings and algorithms. We do not guarantee that any Listing posted by You will lead to a chat, an offer, or a sale of Your Product or Service.

As a Seller, You will receive notification of the order, when a Buyer places an order for your Product or Service,. You agree to process orders in a timely and professional manner, to ship Products or provide Services as described in the Listing, and to comply with all applicable local laws and regulations, including applicable taxations laws, related to the sale and delivery of your Products or Services.

Without prejudice to anything else contained in this Agreement, You represent and warrant, in relation to any Product or Service listed by You, that:

You are the absolute owner of the Product and/or are authorized to sell the same;
in case of a Service being offered, You are authorized and permitted under applicable laws, rules, and regulations to provide such Services;
a Product listed by You is not prohibited for sale under applicable laws or regulations;
a Product listed by You is not stolen, counterfeit and does not infringe upon the intellectual property or other proprietary rights of any third party;
the listed Product is not dangerous, hazardous, or subject to a recall by a government or manufacturer;
You will process orders in a timely and professional manner, ship Products or provide services as described in the Listing, and will comply with all applicable laws and regulations related to the sale and delivery of your Products or Services, including payment of all applicable taxes, charges, levies, fees, etc.
You will not modify the price of the Product or Service after a sale or misrepresent the Product’s location and price;
You will provide all the relevant information about the listed Product or Service including without limitation its eligibility for return, refund, exchange, etc.

All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. You acknowledge that the Company cannot and does not pre-screen or approve any content/ Listing posted by its Users, but the Company reserves the right to review any such content including without limitation any information provided/data uploaded, if any, by You, on the Platform either on another User’s complaint or of its own volition and delete any information/data or take down any Listing that is inconsistent with the applicable laws or with the terms of this Agreement.

As a Buyer, when buying any Product or ordering any Service on the Platform, You agree to:

read and understand the full item Listing before buying the Product or ordering the Service;
enter into a legally binding agreement to purchase the Product/ avail the Service, when you buy the Product or Service, commit to buying the Product or Service, or Your offer to purchase the Product or Service has been accepted by the Seller, regardless of when the payment is due or received;
make payment to the Seller as per the agreed terms between You and the Seller except in cases you are not satisfied with the good or service quality. You have to negotiate this directly with the seller. We do not take any responsibility for the quality of the good or service or/and warranty obligations.

As a User of the Platform and/or its Facilities, You undertake not to:

Engage in activities that defame, abuse, harass, threaten, or otherwise violate the legal rights of others;
publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
copy, republish, post, display, translate, transmit, reproduce, or distribute any information or material through any medium without obtaining the necessary authorization from the Company;
conduct or forward surveys, contests, pyramid schemes, or chain letters;
upload or distribute files that contain software or other protected materials without owning or controlling the necessary rights (including intellectual property rights) or without obtaining necessary consents;
upload or distribute files that contain viruses, corrupted files, or any similar software or programs that may harm the operation of the Platform or other User’s computer or provide You with an unfair advantage or benefit in purchasing Products/ availing Services;
post content that is not relevant to the local area, repeatedly post the same/ similar content, or otherwise impose unreasonable or disproportionately large loads on Company’s servers and other network infrastructure;
engage in any activity that interferes with or disrupts access to the Platform or the Facilities(or the servers and networks which are connected to the Platform);
attempt to gain unauthorized access to any part or feature of the Platform, other systems or networks connected to the Platform, to any Company server, or to any of the Facilities offered on or through the Platform, by hacking, password mining, or any other illegitimate means;
probe, scan, or test the vulnerability of the Platform or any connected network or breach its security or authentication measures. You shall not reverse look-up, trace or seek to trace any information on any other User;
disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
collect or store data about other Users in connection with the prohibited conduct and activities set forth in this section;
use any device or software to interfere or attempt to interfere with the proper working of the Platform or any ongoing transaction, or with any other person’s use of the Platform;
use the Platform, its material or content for any unlawful or prohibited purposes, including without limitation soliciting any illegal activity or any other activity which infringes the rights of the Company or other third parties;
falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in uploaded files;
violate any applicable laws or regulations or anyone’s right to privacy or personality;
violate the terms contained herein or elsewhere; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

Except as expressly stated, the Company grants You a non-exclusive, freely revocable, non-transferable access to view the content on the Platform, subject to the following conditions:

You may access the content solely for personal, informational, and internal purposes, in accordance with this Agreement;
You may not modify or alter the content available on the Platform;
You may not distribute or sell, rent, lease, licence, or otherwise make any content on the Platform available to others; and
You may not remove any text, copyright, or other proprietary notices contained in the content available on the Platform.

Listing Fee and Payments.

The Company may charge some fee for the Listing of Products or Services or some additional Facilities on the Platform. If You are a Seller, Company may also charge You a commission for a sale arising out of the use of Facilities, irrespective of whether the sale terms are finalized or payment is made outside the Platform. In particular, if You provide Your contact details or obtain the contact details of a Buyer from the Platform in relation to buying or selling a Product or Service outside the Platform, the Company will charge You a fixed fee applicable to the sale of said Product or Service, even if the sale does not take place.

A User must have a payment method registered with their Account when using the Facilities and must pay all fees and applicable taxes associated with their use of the Platform or Facilities by the payment due date. In the event of a User failing to make such payments, the Company reserves the right to place restrictions on such User’s access to the Platform or Facilities and charge a late fee amongst other legal recourse available to it. Fees or commissions, once charged, shall not be refundable.

The Company reserves its right to modify the fee and/or other charges from time to time by posting such changes in advance on the Platform. Your continued use of the Platform after the advance notice/post shall be deemed as Your consent to such modified fee and/or other charges.

Exactness Not Guaranteed.

You understand that the Platform is a venue for Users to interact with each other, list their Products or Services for selling and/or buying. The Company hereby disclaims any guarantees of exactness as to the automated translation services by a third-party service provider (please see the section on translation services for more details), finish, appearance, any properties, or nature, of the final Product or Service as ordered by the User. Guarantees, if any, with regard to the appearance or nature of the final Product or Services, will solely be the responsibility of the Seller.

Communications.

You hereby expressly agree to receive communications by way of SMS, WhatsApp messages, Telegram messages and/or e-mails from the Company relating to the Services provided through the Platform.

Take Down Requests.

Company is not liable for any infringement of intellectual property rights arising out of Listings posted on the Platform by the Users. If You are an owner of intellectual property rights or an agent, who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any content or Listing on the Platform violates Your intellectual property rights or the intellectual property right of the owner on whose behalf you are authorized to act, You may submit a takedown request with the Platform to delete the relevant content in good faith. Such requests should only be submitted by the intellectual property owner or an authorized agent acting on their behalf. However, providing false claims may result in the termination of Your access to the Platform. Your request should include the following information:

The intellectual property that you believe is being infringed.
Sufficient details about the infringing item, including its location on the Platform.
A statement expressing your good faith belief that the identified item is not authorized for use on the Platform by the intellectual property owner, their agent, or the law.
Your contact information, such as address, telephone number, and/or email.
A statement confirming the accuracy of the information provided in your request, and asserting that you are the intellectual property owner or an authorized agent acting on their behalf.
Your physical or electronic signature.

Upon verification, if the Company finds the claims to be true, the Company will take down/ delete such Listing from the Platform. You agree that the Company’s decision in this regard will be final and binding.

Intellectual Property Rights.

The content on the Platform, including text, videos, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork, and computer code (and any combinations thereof), as well as the selection, arrangement, design, structure, coordination, expression, look and feel of such content, are owned and controlled by the Company. They are protected by copyright, patent, trademark, and other intellectual property laws.

Save and except for the trademarks, logos, and service marks or other copyrighted material (collectively “Marks”) posted by the Users, all other Marks displayed on the Platform by the Company belong to the Company (unless expressly stated otherwise). You are not allowed to use Company’s Marks without obtaining prior written consent from the Company, or any other third party that owns the Marks.

Translation Services.

The Company may offer automated translation services, utilizing third-party applications or services for the convenience of Users. The Company makes no warranties or representations about the accuracy, completeness, or reliability of such translations. You understand that translations are generated by third-party computer software without any human intervention and that errors, omissions, or inaccuracies may occur.

By using the translation services on the Platform, You acknowledge and agree that:

The translation services are provided for informational purposes only. They are not intended to replace professional human translations or to serve as legal or official translations.
The Company does not guarantee the accuracy, completeness, or reliability of any translation. You understand that translations may contain errors, mistranslations or incorrect interpretations of the content on the Platform.
Any reliance on such translated content shall be at Your own risk. The Company disclaims all liability for any damages, losses, demands, or claims arising out of Your use or reliance on the translated content.
The Company reserves the right to modify, suspend or terminate the translation services at any time without prior notice. The Company does not guarantee the availability of translation services or the continued accuracy of such services.

In the event of any discrepancies or conflicts between the translations to any language including without limitation Thai, Indonesian, French, Russian, and Chinese and original English text, the original English version shall prevail. The Company will not entertain any disputes in this regard.

Disclaimer of Warranties & Liability.

You expressly acknowledge and agree that, to the maximum extent permitted by applicable law the Platform, Facilities and other content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. We shall not be liable for any third-party Product or Service.

Without limiting the foregoing, the Company makes no warranty that:

the Platform or the Facilities will meet Your requirements or Your use of the Platform or the Facilities or any third party translation services will be uninterrupted, timely, secure or error-free; or
the results that may be obtained from the use of the Platform, or Facilities will be effective, accurate or reliable; or
the quality of the Platform or Facilities will meet Your expectations; or
any errors or defects in the Platform or Facilities will be corrected.

Any advice or information, whether oral or written, obtained from the Company or through the use of the Facilities, does not create any warranty unless expressly stated in this Agreement.

The Company disclaims all liability related to User content in relation to intellectual property rights, libel, privacy, publicity, obscenity or other applicable laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content/ Listing.

The Company will not be responsible for any losses you may incur due to unauthorized use of your Account or Account information in connection with the Platform or Facilities, with or without your knowledge.

While the Company has made efforts to ensure the accuracy of the information on the Platform, it does not warrant or represent the quality, accuracy, or completeness of any data, information, or Facilities. The Company does not warrant or represent that the Platform will be free of technical glitches, bugs or errors (such as incorrect translations). The Company shall not be held responsible for any delays, inability to use the Platform or its functionalities, provision or failure to provide functionalities, or any information, software, functionalities, or graphics obtained through the Platform, or any damages arising from the use of the Platform, whether based on contract, tort, negligence, strict liability, or any other legal theory. Additionally, the Company shall not be liable for non-availability of the Platform during scheduled maintenance operations or unplanned suspension of access due to technical reasons or circumstances beyond the Company's control. You understand and agree that any material or data downloaded or obtained through the Platform is done at Your own discretion and risk, and You will be solely responsible for any damage to your computer systems or loss of data resulting from such downloads.

Indemnification and Limitation of Liability.

You agree to indemnify, defend and hold harmless the Company and its officers, employees, agents, etc. from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arises out of, results from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to this Agreement. Further, You agree to hold the Company and its officers, employees, agents, etc. harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Facilities, any misrepresentation with respect to the data or information provided by You, Your violation of the Agreement, or Your violation of any rights of another, including any intellectual property rights.

In no event shall the Company or its officers, employees or agents, etc., be liable to You or any third party for any special, incidental, indirect, consequential loss or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Facilities or content on the Platform. Further, in no event shall the Company or its officers, employees or agents, etc., be liable for any misinformation, inaccurate data, data theft, system damage, or any other loss occurring as a result of third-party links. This Agreement does not govern the use of third-party links.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws.

Violation of the Agreement.

You agree that any violation by You of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company for which monetary damages would be inadequate, and You consent to the Company and/or its licensors and/or its vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity or in this Agreement. If the Company takes any legal action against You as a result of Your violation of this Agreement, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Suspension and Termination.

This Agreement will continue to apply until terminated by either You or the Company as set forth below. If You object to the terms contained herein or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.

The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of this Agreement or anyway otherwise acted unethically or upon receipt of a genuine complaint from another User. Notwithstanding anything in this clause, this Agreement will survive indefinitely unless and until the Company chooses to terminate them.

If You or the Company terminates Your use of the Platform, the Company may delete any content or other materials relating to Your use of the Facilities and the Company shall have no liability to You or any third party for doing so. However, Your transactions’ details may be preserved by the Company for purposes of tax or regulatory compliance.

You shall be liable to provide or pay for (as the case may be) any Services/Products that you have listed and bought by some User or already ordered (as the case may be) till the time of termination by either party whatsoever. In addition, We also reserve the right to initiate legal action against You.

Governing Law.

This Agreement shall be governed by and constructed in accordance with the laws of Singapore without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Singapore.

General Provisions.

No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and Us as a result of this Agreement or Your access/use of the Platform/Facilities.

Assignment: You cannot assign or otherwise transfer the Agreement, or any rights granted hereunder to any third party. The Company’s rights under the Agreement are freely transferable by the Company to any third party without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect.

Force Majeure: We shall be under no liability whatsoever in the event of non-availability of any portion of the Platform or subscribed content occasioned by an act of God, war, disease, revolution, riot, civil commotion, war, strike, lockout, pandemic, epidemic, lockdown, flood, fire, failure or any other cause whatsoever beyond Our control.

Waiver: Any failure by the Company to enforce or exercise any provision of this Agreement, or any related right, shall not constitute a waiver by the Company of that provision or right;

Entire Agreement: This Agreement constitutes the entire agreement between You and the Company regarding Your use of the Platform or Facilities and supersedes all prior agreements and understandings, whether written or oral.

Binding and Conclusive: You acknowledge and agree that any records (including records of chat, or any telephone conversations relating to the Facilities, if any) maintained by the Company or its service providers (if any) relating to or in connection with the Platform and Facilities shall be binding and conclusive on You for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Us and You. You hereby agree that all such records are admissible in evidence and that You shall not challenge or dispute the admissibility, reliability, accuracy, or authenticity of the same.

Correction of errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on Our part shall be subject to correction without any liability on Our part.