www.loha.co.in (the website) LOHA mobile application/s (the App) is a platform that brings together and facilitates interaction between registered manufacturers, traders; exporters and importers and also individuals, who enrolled as individuals for technical discussion and job opportunities. These Terms and Conditions incorporate all of the terms and conditions and policies on the App and/or Website, as applicable, and you agree to them when you become a member and/or install, register to use the App and/or Website and each and every time you view and use the App and/or Website. Should you need any help please email us at firstname.lastname@example.org
Glossary- list of terms/expressions used in our Terms and Conditions with their definitions
1. The "Website" means the Website and all contents at www.loha.co.in
2. The "App" means the mobile Application software/programs provided by us, used and available including, but not limited to, application distribution platforms provided by mobile operating systems, Android OS or iOS and used on any device whatsoever, mobile or otherwise, from which the Application can be used and viewed, whether used in connection with the internet or not. This may include any updates but these may be subject to payment of a fee and/or acceptance of new terms and conditions, as and when applicable.
3. "LOHA", "We", "Us", means the business organization who supplies and owns the App and Website, Umadevi, Plot No.: 403; Sai Nikhil Heritage; No: 1 – 10/230; Near Abhayanjaneya Swami Temple,Mythri Nagar, Madina Guda, Hyderabad – 500 049; India
4. "Services" collectively means the Website, the App and other services we may provide from time to time.
5. "Registered businesses" means a person or organization which is registered as a business with Government departments.
6. "Member" means the registered business together with their representatives who aim/intend to use the App and/or Website and/or Services or who validly use membership services and who have a paid up, valid and current membership with us.
7. "Membership Services" means the provision of the App and/or Website services for technical discussion and job opportunities.
8. "User" or "you" means anyone using and/or visiting the App and/or Website for any purpose
15. "Intellectual Property Rights" means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property rights recognized in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
16. "Upload onto the App and/or Website" means any submission or post in any format, including any response request, post, content or anything whatsoever which subsequently appears and can be viewed on the App and/or Website. This includes taking part in any available feedback, review, discussion, forum which may be available from time to time.
Hereafter we will be using these terms in our Terms and Conditions below.
A. Contractual Relationship
1. The User Agreement:
By becoming a LOHA member, using us, the App and/or Website and any services provided by LOHA and registering in any way, you confirm that
You are aged 18 or over and a registered business or an authorized representative on its behalf,
LOHA may amend the Terms related to the Services from time to time. Amendments will be effective upon LOHA’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. You’re continued to access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. User Privacy
3. Geographic Restrictions
Algeria, Iraq, Lebanon, Libya, Somalia and Syria countries citizens, business establishments are restricted not to download LOHA mobile app.
B. INFORMATION ABOUT OUR SERVICES
1. Our Platform
Our Services constitute a technology platform that enables users of Loha’s App or websites provided as part of the Services to meet buyers and suppliers and technical discussion and job opportunities.
LOHA, strictly, does not provide any advice, or sell or resell any of any materials or services. Our role is limited to bringing our Partner’s Businesses in contact with each other through the provision of the App or the website. We are not an agent of the above mentioned businesses nor do we have any continuing authority to negotiate, deal with, manage, conduct or conclude any sale or purchase on behalf of them. LOHA does not have possession of any Offers and is not involved in any commercial transactions or auguring 3rd party services of any kind. LOHA is platform to meet buyers and suppliers to do commercial transactions at their own risk.
If any contraband materials are imported and exported or transported, have to be done by buyers and suppliers at their own risk.
Subject to your compliance with these Terms, LOHA grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your use as a member for registered membership account. Any rights not expressly granted herein are reserved by LOHA and LOHA's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by LOHA; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
4. Third Party Services and Content.
5. Intellectual Property
The App and Website, as applicable and all content therein (including text, images, marks or trademarks and logos) with the exception of any messages passing between members, feedback experiences, opinions, statements, recommendations, data and information uploaded on the App and/or Website as applicable, by individual users and advertisers, is subject to copyright which belongs to us. This means that users can simply use the App and/or Website, but this does not convey to you any rights of ownership, or any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any App and / or Website, as applicable user, associate or advertiser and us.
Specifically, all users agree that you will solely be responsible for your use of the App and/or Website, as applicable, and without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not, nor will you assist any other person, business or organization, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display (including in any way publicly display), use, reproduce, distribute, modify, make derivative works of or create Internet "links" to, frame, reverse engineer, the App and/or Website, as applicable, or any part of them, without our express permission in writing, including use of our name and any copyrighted or trademarked content.
We do not claim ownership of anything you upload onto the App and/or Website, as applicable. However, by doing so you are granting us a license and please refer to Section D clause 3.
C. ACESSING AND USING OUR SERVICES
1. Accessing the App and/or Website and/or our Service/Services
We permit the access to our App and/or website and/or services on a temporary basis. We may, in our sole discretion, modify, restrict, change, or otherwise alter the Acceptable Use Policy, Terms and Conditions of the App and/or Website and/or our Services, in whole or in part, impose limits on certain features or Services on the App and /or Website, restrict your access to part or all of the App and/or Website or terminate any or all Services at any time. By continuing to access and use the App and/or Website you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations. We may not notify you of changes, alterations or modifications to the Agreements that are necessary or desirable, as we determine in our sole discretion. Because we reserve these rights, you should visit this page periodically to review the user agreement/s, Terms and conditions...
It is always your sole responsibility to meet all of your obligations to other members and users when using the App and/or Website including, but not limited to, other users, your mobile network provider, the owner of any device, and to comply with any obligations when you use/share the services with another App/Website member/user.
2. Registration, Password and Security of Membership Account/s
2.1 For the full use and access of the Website, particularly as a Member/ registered business user, will require you hold a valid and current membership, opening an account and completing the registration process by providing certain information and registering a username and password and paying the relevant membership fees. Each individual or registered business may only register once and have one account per business location. Your full use of the Website may only become valid once your registration has been approved by us and we reserve the right to lawfully refuse registration which is exercised using our sole discretion.
2.2 We may refuse to grant you an account with name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree that you will immediately notify LOHA of any unauthorized use of your password or account, or any other suspected breach of security.
2.3 You may not in any case or any way transfers your registration/account or your obligations and we advise you not to allow anyone else to use your account.
2.4 You also specifically agree and confirm that you will :( a) Notify us immediately of any unauthorized use, including any unauthorized use of your registration/account with the Website or any other known or any other suspected breach of security. (b) Immediately report to us but also use your own reasonable efforts to immediately stop any misuse that is known or suspected by you.
2.5 We will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
3. Guidelines and Mandatory Terms for Use of the App/s and/or the Website
Along with mentioned terms and conditions we specifically request you to read the terms given below which highlight the acceptable use of our App and /or website and/or services.
3.1 Our Website and App is a platform that brings together business/es that export or import or buy or sell materials.
3.2 LOHA, strictly, does not provide any advice, or sell or resell materials.
3.5 LOHA role is only to facilitate the information between together business/es that supply or buy materials, through the provision of the Platform. It is not, therefore, party to the contract concluded between buyer/exporter and seller/importer. The contract for the sale of goods (themselves, via phone or their own app/website or any other platform which can be part of) is directly between and legally binds the buyer / exporter and seller / importer.
3.6 We are not involved in any way between the businesses choice of transport or shipping system, by using the App and/or Website you acknowledge this and agree that your use of the App and/or Website is entirely at your own risk.
3.7 Full use of the App and/or Website will be for members who have the relevant devices, are signed in and do not disable cookies. If you are not registered or disable cookies you may be able to view some of the App and/or Website, but may not be able to fully participate.
3.8 Use of the App and/or Website are by licence only and you acknowledge and agree that all copyright, trademarks and all other Intellectual Property Rights in all materials and/or content made available as part of your use of the App and/or Website shall, as applicable, remain at all times vested in us or our licensors.
3.9 In addition to all the other clauses, as a user you agree that you will solely be responsible for your use of the App and/or Website and that you will use the App and/or Website and services legally and only for the purposes for which they are intended to be used and will not misuse it in any way, and specifically, although not exclusively, other than provided for within the terms, you:
Will not alter copy, distribute, reproduce the App and/or Website nor any content or part thereof, not attempt to derive any monetary or other gain from the use or provision of the App and/or Website, unless you have our explicit written permission.
3.10 You acknowledge that all uploads, whether posted publicly or transmitted privately, are the sole responsibility of the person or business from whom such upload content originated
3.12 We are not responsible for any upload, and consequently any member or user. We do not check, control or endorse nor take responsibility for any upload and cannot guarantee the acceptability, safety, legality, accuracy, integrity or quality of any and have no liability for it and you specifically acknowledge this. You understand that you cannot assume that the offer, sale or purchase of any delivery share between members is legal and valid.
3.13 Reviews/feedback is merely another person's or businesses' opinion or point of view. Whilst you may wish to consider any feedback please bear in mind that it
(i) Will not form part of any agreement which you may make with another member, user or third party, unless you explicitly agree to make the recommendations part of your agreement and
(ii) It does not form an endorsement, guarantee or warranty from us, particularly regarding, but not limited to the acceptability, safety, legality, accuracy, integrity or quality of any member, or user's business or delivery share and you specifically agree we have no liability in this regard.
3.14 If you find other member's/users' information to be inaccurate, deceptive, or in any way because you concern then we encourage you to take this up with the member/user involved and also inform us.
4. Supply of App, Website and other Services and Termination
4.1 (a) Whilst we will use our reasonable endeavors to supply the App and/or Website, as applicable, by ensuring it is available on the internet, we shall not be responsible for any failure to provide the App and/or Website, nor any services, or for any unavailability. The App and/or Website, as applicable are available on an "as is" and "when available" basis.
(b) We reserve the right, without any liability, to terminate the App and/or Website, as applicable or alter them or their contents without prior notice.
(c) You may terminate your use by permanently removing the App or not using or viewing the Website. Upon termination you must cease using the App and/or Website, as applicable.
(d) However, you will still be responsible for fulfilling any obligations incurred whilst you were a member/registered user. This means that you must fulfill any material’s supply and delivery which you have agreed before termination and make any payments which are due to any other member/user or to us. To terminate member services please refer to the membership terms and conditions on the website www.loha.in
(2) We cannot guarantee that our services will be uninterrupted, secure or error-free. Particularly, there are inherent problems in the use of the internet and we will not be responsible for any interruption, losses or consequences whatsoever, including any tampering or hacking, nor for any browser crashes which may result in data loss whilst using our services.
(3) In addition we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the App and/or Website, as applicable. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any email attachment or document we send to you.
(4) We make every effort to ensure that anything displayed on our App and/or Website, as applicable, including any content, is displayed as accurately as possible but cannot be responsible for variations. What you see (particularly in so far as colors and shapes are concerned) depends on your monitor, device and settings and we cannot guarantee that this will be accurate.
(5) (A) we reserve the right to suspend the App and/or Website services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.
(b) However, we aim to carry out any repair, maintenance or improvement work during the hours of 6.00 A.M. to 6.00 P.M. when we anticipate limited/no use or reliance on the website and/or App.
D MANDATORY TERMS FOR CONTENT ON THE APP/WEBSITE
1. Uploading the Content onto the App and /or Website,
(a) you are both expressly and solely liable for anything which you provide to us or upload onto the App and/or Website, as applicable, or which you allow anyone to provide or upload on your behalf and will not abuse any such facility and will never use the App and/or Website, in any way that could damage, disable, overburden or impair the App and/or Website or interfere with any other user's use or enjoyment of the App and/or Website, as applicable
(b) any upload or any data, information or documents which you upload or pass to us have been checked by you as being accurate in fact and content and that anything uploaded and/or provided to us does not breach any copyright, intellectual property or any rights of any third party, whatsoever in nature, and is not contrary to any law.
(c) you are the sole owner and holder of all rights in anything you provide to us or upload to the App and/or Website, or that you have the express permission of any other person or business who holds any rights whatsoever, to upload and use it in this way.
(d) You therefore specifically agree that we have no liability and furthermore you will indemnify us for any loss relating to any actual or alleged breach of this Clause
(e) However, you will still be responsible for fulfilling any obligations incurred whilst you were a member/registered user. This means that you must fulfill any supply or purchase which you have agreed before termination and make any payments which are due to any other member/user or to us.
1.2 Users should only upload information and this includes, but is not limited to, feedback which we deem acceptable onto the App and/or Website. Acceptable includes, but is not limited to, uploads which are fair, true and accurate and comply with all our policies. Uploads which are misleading, discriminatory or breach any law or the rights of another person or business are unacceptable. All users specifically agree that anything they upload (or allow to be uploaded using their account/details), including any feedback, onto the App and/or Website, in any form:
(a) Will be honest, accurate, not misleading or false and will not amount to any fraud or misrepresentation and will not impersonate any person or entity for the purpose of misleading others.
(b) Will not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information) whatsoever in nature,
(c) Will not, nor could not be perceived to, be threatening, defamatory, libelous, discriminatory (in any form), malicious, offensive, against public decency, nor abusive, offensive or obscene in either language or content nor incite such behavior in others.
(d) Will not otherwise harass or invade the privacy of any individual or business.
(e) Will not contain any restricted or 'password-only access' page, or hidden pages or images (those not linked to or from another accessible page).
(f) Will not be, nor be perceived to be, pornographic.
(g) Will not do anything which reflects unfavorably on the goodwill and reputation of any of our associates, advertisers or other users.
(h) Will not distribute or disseminate products, material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
(i) will not incite, promote or instruct as to any conduct as described above or which promotes any breach of these User Terms and Conditions or any law and which will not in any way be illegal or contrary to any law.
1.3 All users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine any feedback system or sharing of reviews, experiences, opinions, statements, recommendations, and any information.
1.4 We do not tolerate unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct, commercial or otherwise, and you confirm that you will not engage in any such activity. URLs are allowed providing the link is relevant, useful and necessary.
1.5 All users agree that any upload onto the App and/or Website, as applicable that they make can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes, by us and any other person or business or organization, without the user's express permission and that it will not be subject to any copyright unless specifically marked as such by ©. Please also refer to clause 8 following.
1.6 All users understand that we reserve the right, where necessary, to inform the appropriate authorities (such as the police) if we deem any upload to breach any law or, as appropriate, our Terms and Conditions.
1.7 We always advise you to retain up to date copy/back-ups of any upload. It is not our responsibility to retain any back-up or copies and we cannot accept any responsibility whatsoever and will not be liable for any losses, claims for damages which may arise.
1.8 All users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.
2. License to Use-Uploading the Content on the App and /or Website
When you upload anything onto the App and/or Website, as applicable, the original ownership rights remain but you do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable license for the whole of any period to display the upload and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your upload or any part thereof as necessary solely for the purposes of displaying your upload and operating the App and/or Website and member services, as applicable. This License will be terminated when such content is entirely deleted from the App and/or Website, as applicable. You also waive any applicable moral rights you have in the content to the fullest extent permitted by law.
From time to time, the Website will contain hyperlinks ("Links") to Websites operated by third parties. Such Links are for your reference only. We neither control such linked Websites or the third parties that operate them, nor are we liable or responsible for their availability or content. Display of such Links or the names of their third party operators or owners on the Website does not imply or express any endorsement by us of any individuals or entities referred to in the content of such linked Websites, or of such third parties. You may direct any comments or concerns that you may have regarding any such Links or third parties on the Website to us by the methods set forth in Section 22. User is solely responsible for any charges or obligations that may be incurred as a result of any dealings with such linked Website operators. Other Websites may also have a link to our Website posted on their Website; you hereby acknowledge and agree that we are not responsible for the content of any such Website or the actions of any operator of any such Website.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. If you wish to make any use of material on our Website other than that set out above, please address your request to email@example.com .
7. LOHA Content and Advertisements
The Website may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties ("Content"). Such Content is for your reference only and should not be relied upon by you for any purpose. The Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by us. We are not responsible for the Content's accuracy and/or reliability.
LOHA is part of an affiliate network and may from time to time include items created by other companies included in the affiliate network on the Website. As part of such network, LOHA may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation that may influence the advertising content, topics or posts made in the Website.
All advertisements displayed on our Website are published in good faith. We do not under any circumstances accept responsibility for the accuracy of such advertisements nor is any kind of warranty or endorsement expressed or implied by such publication. We specifically disclaim any liability to advertisers and users of any king of loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of us, or any other person.
The user agrees that any correspondence or business dealings with, or participation in promotions of, advertisers found on the or through our Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as the result of any such advertisers on our Site.
8. Our website changes regularly
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material
E. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LOHA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LOHA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOHA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
(1) To the extent that the law allows, we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, or business interruption, however it arises, including out of negligence relating to or in any way connected to any use (unauthorised or otherwise), purchase or sale of products, errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the App and/or Website, as applicable or these Terms and Conditions.
(2) In the unlikely event that you have any right, claim or action against:
(a) any other member or user arising from that member or user's use of the App and/or Website, then you agree to pursue that right, claim or action independently of and without recourse to us. You specifically release us from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.
You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the App and/or Website, as applicable, including any upload submitted, posted or transmitted through the App and/or Website, as applicable.
1. Jurisdiction and Applicable Law
2. Copyright and Trademark Notices
2.1 All contents of this Website are: Copyright © LOHA and/or its owners. All rights are reserved to
LOHA and its promoter, LOHA Internet and other names of LOHA products and/or services referenced herein are trademarks of Umadevi. Other products and company names mentioned herein may be the trademarks of their respective owners.
You can contact LOHA by:
QUERIES, COMPLAINTS, NOTICES
3.1 If you have any complaints or objections to any App and/or Website, as applicable, upload, including any feedback, and/or content whatsoever, or if you believe that anything infringes any right you hold, please contact us immediately by email at. firstname.lastname@example.org . once this procedure has been followed, we will use our reasonable endeavors to remove illegal or otherwise improper content within what we deem to be a reasonable time period.
3.2 If any complaint may amount to a breach by us, then you must allow us 30 days to remedy that breach.
3.3 Any Notices must be sent by email
We will use the last email or address which you provide to us. Unless the contrary is proved, Notices sent by e-mail will be deemed to be received on the day they were sent. Notices sent by post must be served using Indian Postal Services Delivery or other guarantee services and will be deemed to have been received on the date that Indian Postal obtains a record of receipt from or on behalf of the addressee.
3.4 Without limiting any other remedies, we may terminate, suspend or limit your use/registration/account at our absolute discretion, either with or without notice. This would occur particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to breaches of any of the Terms and Conditions.
3.5 We also reserve the right to cancel, take-down, delete or otherwise remove any upload, feedback, experiences, opinions, statements, recommendations, ratings, and information provided by members or other users or any links to other App and/or Website, or other information which is made available through the App and/or Website, without giving reason and in our absolute discretion.
3.6 If we do not act upon any breach immediately, you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
4.1Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements and Terms and conditions..
4.2Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements.
(1)(a) Nobody else but you are the sole beneficiary of rights given or obligations and duties imposed on a user or advertiser and these cannot be transferred, sold, assigned, delegated, conveyed, rented, subcontracted or shared in any way by you.
(b) We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any part of the rights, duties or obligations and provision of the App and/or Website
4.3Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision.
4.5 Force Majeure - We will not be liable for any delay or failure to perform any of its obligations by supplier / exporter, if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we will be entitled to a reasonable extension of our obligations.
4.6 Invalidity and severance - Each clause or any part at all of these Terms and Conditions and Agreement is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions and Agreement.
4.6 If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect.
4.7 Any rights not expressly granted herein are reserved.