This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.thearmchair.in (the "Website"), is owned and operated by Mangowood Home Decor Private Limited, a private company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at No. 626, LadoSarai, New Delhi- 110030, Delhi NCR, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns, hereinafter refered to as the “Company”.
The term ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
The term 'Service' shall mean the platform provided by the Company through the Website whereby the User can purchase world class furniture and home decor products and have the same delivered to his/her doorstep
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The User unequivocally agrees and acknowledges that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User further acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website or availing of any of the Services provided therein constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User alone shall have a duty to periodically check the Terms and stay updated on its requirements, and the Company shall not be required to notify the User of any changes / modifications / amendments to the same. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website, avail of the Services provided therein.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872, and in the case of a legal entity, that he/she is the authorised representative of such legal entity, and has the requisite authority to bind the said legal entity to the contents of these Terms. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms will remain in full force and effect while the User continues to accesses the Website and avail of the Services and/or is in possession of an active account. The User is aware that the Company may terminate or suspend the User’s account at any time, without cause or notice, if the Company believes that the User has breached the Terms, or for any other reason, in its sole discretion. The User is further aware and expressly agrees that even after the User’s account is terminated for any reason, these Terms and the Policy shall survive such termination, and shall continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.
The User is responsible for maintaining the confidentiality of his/her username and password, assigned to the User during the registration process, and the User is solely responsible for all activities that occur under the User’s username and password, including without limitation any orders placed by the User for products/services listed on the Website and any instructions made, and the User expressly agrees to be unconditionally bound by any such orders / instructions originating from the User’s account. The User agrees to immediately notify the Company of any disclosure or unauthorized use of the User’s username or password, or any other breach of security with respect to the User’s account, and also ensure that he/she logs out from his/her account at the end of each session.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any Service availed of / product purchased by the User on the Website, or anything pursuant thereto, including without limitation calls from the Website’s delivery partner at the time of delivery, verification calls from the Company at the time of placing an order on the Website, etc.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The User is aware that the Company owns and retains all proprietary rights in the Website, and in all content, copyrights, trademarks, trade names, designs, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary property of the Company and its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website, without first obtaining the prior written consent of the Company, or if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
The use of this Website by the User, including browsing the Website and availing any of the Services offered therein is free of cost. The User is only required to pay for the products ordered / services requested by the User through the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all Services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the Services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
MODE OF PAYMENT
The following payment options are available on the Website:
Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
Visa, Master Card, Cirrus & Maestro Debit cards;
Netbanking/Direct Debit payments from select banks in India;
PayU & PayTM e-wallets;
Cash on Delivery (“CoD”);
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of Mangowood Home Decor Private Limited. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To place a valid order on the Website, the User is required to complete the transaction, including making payment for the product / services opted for. This may or may not be assisted with a phone call from a customer service representative of the Company. By placing an order on the Website or over the phone, the User expressly agrees to the terms and conditions and payment policy published on the Website, or affiliated websites where reference to such affiliated websites has been specifically made.
After the User has added products to the shopping cart, and proceed to the checkout section, the User will be asked for his/her preferred delivery address and other contact information, as well as payment related information. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank, credit card company or e-wallet. It is at this stage that the User’s order is successfully placed. Thereafter, the products purchased by the User will be shipped based on product availability and completion of logistics operations related to the same.
CASH ON DELIVERY
The User is aware that certain products or services listed on the Website might be eligible for cash on delivery (“CoD”). Such products/services will have ‘Eligible for CoD’ / ‘Eligible for Cash on Delivery’ displayed on the page pertaining to it. The User is aware that the option of paying CoD is subject to the following terms:
CoD shall only be available on orders between Rs. 3000 and Rs. 30000 (including shipping charges), and is only available for orders to be delivered to certain parts of the country, and the User may confirm his/her eligibility be entering his/her pincode on the relevant product page. Alternatively, based on the User’s prefered delivery location, the CoD option may not be displayed on the User’s payment page.
Once a request for CoD has been placed by the User, an automated SMS will be sent to the User’s registered mobile number, and the User may receive a confirmation call from the Company’s representative to confirm the User’s order. If such confirmation is not obtained, the Company reserves the right to immediately cancel the User’s order.
At the time of delivery, the User is required to hand over the amount payable to the individual making the delivery before taking possession of the package. The User is aware and acknowledges that he/she is not authorised to open the package before making payment for the same, whether or not such act is intended to inspect the product for damage, etc.
In the event that the User refuses payment for the package, the User will no longer be eligible to avail of the CoD service offered on the Website, notwithstanding the Company’s right to enforce the User’s obligation to purchase the product, and seek compensation for shipping costs, and the User expressly agrees and acknowledges to bear the cost of the same.
The User expressly acknowledges and agrees that in the event of cancellation of the User’s order, or in the event of the User being unsatisfied with any of the products purchased/services availed of, he/she may make a request for a refund of amounts paid clearly stating the reasons for the same, which shall be approved or rejected at the sole discretion of the Company, and the User consents to be bound by the same. The User is aware and agrees that in the event that the User has used the products/services, then in such an event, the User shall be deemed to have waived all rights to a refund of amounts paid to the Company for such products/services. The User further agrees that in the event that a refund request initiated by the User is approved by the Company, the User shall be required to return the product(s) to the Company by registered courier, at his/her own cost, and the amount paid by the User will be refunded/reversed to the User’s account within seven (7) business days of the Company satisfactorily receiving the returned product(s) from the User.
The User further agrees and acknowledges that the Company merely provides a platform for the User to purchases products manufactured / designed by various world class manufacturers, individuals and entities, and that in the event of any manufacturing defect arising with respect to the same, the User's sole remedy will be to contact such manufacturer / individual / entitiy for a refund or replacement, and the Company shall in no manner be liable or responsible for the same. The Company's sole obligation to provide a refund / replacement, if at all, will only be in the event that a product is delivered to the User in a damaged / defective condition at the very outset.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
MODIFICATIONS TO SERVICE
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Website or any of the products or services listed therein (or any part thereof) with or without notice. The User agrees and acknowledges that the Company shall not be liable to the User or to any third party for any such addition, modification, suspension, discontinuance or permanent removal of the same. The User is aware that the Company may also cancel an order successfully placed by the User if the product/service opted for is no longer available, or the artist/designer/manufacturer/entity concerned refuses to provide the said product/service for any reason whatsoever, and the User agrees and acknowledges that the Company will not be in any way responsible for such a cancellation, or liable to the User in any way other than to provide a refund if payment has been made by the User. To protect the integrity of the Website, the Company reserves the right to block users from certain IP addresses from accessing the Website, at any time and in its sole discretion.
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed herein. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the products / services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
Further undertakes not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
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. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
Collect or store data about other users of the Website.
Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
Publish, post, or disseminate information that is false, inaccurate or misleading;
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
Engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s account, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
If the User is in breach any of these Terms or the Policy;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns 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 the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned products are listed for sale to the users of the Website, and the neither the Company nor the Website owns any of the intellectual property relating to the products displayed on the Website.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES
Except as otherwise expressly stated on the Website, all products/services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the Parties, they shall attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi in the state of Delhi, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any suggestions, feedback, refund requests, disputes or grievances experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the Company by email, to email@example.com.
Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.