THE AGREEMENT: The use of this website and services on this website
provided by
aarnâ finance inc
(hereinafter referred to as "Owner") are subject to the following Terms
&
Conditions (hereinafter
the
"Terms of Service"), all parts and sub-parts of which are specifically
incorporated
by reference
here
together with the Privacy Policy. Following are the Terms of Service governing your use of
www.aarna.finance (the "Website"), all pages on the Website and any
services
provided by or on this
Website ("Services").
By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from
us,
you engage in our "Service" and agree to be bound by the Terms of Service including those additional
terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation vendors, buyers, customers,
merchants, browsers and/ or contributors of content. You acknowledge and agree that the Website may
use
your personal information in the manner described in our Privacy Policy which sets forth how
information
collected about you is collected, used and stored.
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DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
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Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes
the Website,
and certain Services on it, available to users. aarnâ finance inc, Owner, Us, We, Our,
Ours and other
first-person pronouns will refer to the Owner, as well as all employees and affiliates
of the Owner.
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You, the User, the Client: You, as the user of the Website, will be referred to
throughout these
Terms of Service with second-person pronouns such as You, Your, Yours, or as User or
Client. For the
purpose of these Terms of Service, the term "User" or "you" shall mean any natural or
legal person who
is accessing the Website. The term '"Your" shall be construed accordingly.
-
Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be
referred to
as Parties.
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ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of Service and
that You
agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave
the
Website immediately. The Owner only agrees to provide use of this Website and Services to You if
You
assent to these Terms of Service. Further, based on the Services obtained by a User, additional
terms
and conditions in respect of the specific Services may apply, which shall be deemed an agreement
between
the Users and the Owner.
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ABOUT THE SITE
The Website is an online store which carries out provision of services on the following: DeFi
Asset
Management. We reserve the right to refuse service or refuse to sell the products on the Website
at our
sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You
assume all
risks associated with dealing with other users with whom you come in contact through the
Website. You
agree to use the Website only for lawful purposes without infringing the rights or restricting
the use
of this Website by any third party.
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LICENCE TO USE WEBSITE
The Owner may provide You with certain information as a result of Your use of the Website or
Services.
Such information may include but is not limited to, documentation, data, or information
developed by the
Owner, and other materials which may assist in Your use of the Website or Services ("Owner
Materials").
Subject to these Terms of Service, the Owner grants You a non-exclusive, limited,
non-transferable and
revocable licence to use the Owner Materials solely in connection with Your use of the Website
and
Services. The Owner Materials may not be used for any other purpose and this licence terminates
upon
Your cessation of use of the Website or Services or at the termination of these Terms of
Service.
You agree not to collect contact information of other Users from the Website or download or copy
any
information by means of unsolicited access so as to communicate directly with them or for any
reason
whatsoever.
Any unauthorised use by you shall terminate the permission or licence granted to you by the
Website and
You agree that you shall not bypass any measures used by the Owner to prevent or restrict access
to the
Website.
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INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the property of the Owner,
including all copyrights, trademarks, trade secrets, patents and other intellectual property
("Owner
IP"). You agree that the Owner owns all right, title and interest in and to the Owner IP and
that You
will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or
distribute the Owner IP in any way, including electronically or via registration of any new
trademarks,
trade names, service marks or Uniform Resource Locators (URLs), without express written
permission from
the Owner.
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PAYMENT & FEES
Should You register for any of the paid Services on this website or purchase any product or
service on
this website, You agree to pay Us the specific monetary amounts required for that product or
those
Services. These monetary amounts ("Fees") will be described to You during Your account
registration
and/or confirmation process. The final amount required for payment will be shown to You
immediately
prior to purchase.
We reserve the right to refuse service or refuse to sell the products on the Website at our sole
discretion to anyone for any reason at any time.
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ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited
under
this clause. You agree not to use the Website or Services in any way that could damage the
Website,
Services or general business of the Owner.
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You further agree not to use the Website or Services:
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To harass, abuse, or threaten others or otherwise violate any person's legal rights;
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To violate any intellectual property rights of the Owner or any third party;
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To upload or otherwise disseminate any computer viruses or other software that may
damage
the
property of another;
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To perpetrate any fraud;
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To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
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To publish or distribute any obscene or defamatory material;
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To publish or distribute any material that incites violence, hate or discrimination
towards
any
group;
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To unlawfully gather information about others.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit
others to perform or participate in any unlawful acts; (c) to infringe on any third party's
intellectual
property or proprietary rights, or rights of publicity or privacy, whether knowingly or
unknowingly; (d)
to violate any local, federal or international law, statute, ordinance or regulation; ((e) to
harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false
or
misleading information or any content which is defamatory, libelous, threatening, unlawful,
harassing,
indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any
way or
assists in human trafficking or content that would violate rights of publicity and/or privacy or
that
would violate any law; (g) to upload or transmit viruses or any other type of malicious code
that will
or may be used in any way that will affect the functionality or operation of the Service or of
any
related website, other websites, or the Internet; (h) to collect or track the personal
information of
others; (i) to damage, disable, overburden, or impair the Website or any other party's use of
the
Website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral
purpose; or (k) to interfere with or circumvent the security features of the Service or any
related
website, other websites, or the Internet; (l) to personally threaten or has the effect of
personally
threatening other Users. We reserve the right to terminate your use of the Service or any
related
website for violating any of the prohibited uses. The Company has the full authority to review
all
content posted by Users on the Website. You acknowledge that the Website is not responsible or
liable
and does not control the content of any information that may be posted to the Website by You or
other
User of the Website and you are solely responsible for the same. You agree that You shall not
upload,
post, or transmit any content that you do not have a right to make available (such as, the
intellectual
property of another party).
You agree to comply with all applicable laws, statutes and regulations concerning your use of
the
Website and further agree that you will not transmit any information, data, text, files, links,
software, chats, communication or other materials that are abusive, invasive of another's
privacy,
harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening,
hateful or
racially or otherwise objectionable, including without limitation material of any kind or nature
that
encourages conduct that could constitute a criminal offence, give rise to civil liability or
otherwise
violate any applicable local, state, provincial, national, or international law or regulation,
or
encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of
the
Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
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COMMUNICATION
You understand that each time you use the Website in any manner, you agree to these Terms. By
agreeing
to these Terms, you acknowledge that you are interested in availing and purchasing the Services
that you
have selected and consent to receive communications via phone or electronic records from the
Website
including e-mail messages telling you about products and services offered by the Website (or its
affiliates and partners) and understanding your requirements. Communication can also be by
posting any
notices on the Website. You agree that the communications sent to You by the Website shall not
be
construed as spam or bulk under any law prevailing in any country where such communication is
received.
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ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree
that
any information posted on Our Website is not intended to be legal advice, medical advice, or
financial
advice, and no fiduciary relationship has been created between You and the Owner. You further
agree that
Your purchase of any of the products on the Website is at Your own risk. The Owner does not
assume
responsibility or liability for any advice or other information given on the Website.
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SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties to sell goods or services on the
Website.
The Owner undertakes to be as accurate as possible with all information regarding the goods and
services, including product descriptions and images. However, the Owner does not guarantee the
accuracy
or reliability of any product information and You acknowledge and agree that You purchase such
products
at Your own risk.
We will make reimbursements for returns without undue delay, and not later than:
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30 days after the day we received back from you any goods supplied; or
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(if earlier) 30 days after the day you provide evidence that you have returned the
goods;
or
-
if there were no goods supplied, 30 days after the day on which we are informed about
your
decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial
transaction
unless you have expressly agreed otherwise; in any event, you will not incur any fees as a
result of the
reimbursement.
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REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
-
Reverse engineer, or attempt to reverse engineer or disassemble any code or software
from or
on the
Website or Services;
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Violate the security of the Website or Services through any unauthorised access,
circumvention of
encryption or other security tools, data mining or interference to any host, user or
network.
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DATA LOSS
The Owner does not accept responsibility for the security of Your account or content. You agree
that
Your use of the Website or Services is at Your own risk.
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INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold
Us
harmless against any and all legal claims and demands, including reasonable attorney's fees,
which may
arise from or relate to Your use or misuse of the Website or Services, Your breach of these
Terms of
Service, or Your conduct or actions. You agree that the Owner shall be able to select its own
legal
counsel and may participate in its own defence if the Owner wishes.
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SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's Services for illegal
spam
activities, including gathering email addresses and personal information from others or sending
any mass
commercial emails.
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THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You agree that
the
Owner is not responsible or liable for any loss or damage caused as a result of Your use of any
third
party services linked to from Our Website.
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MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to You, modify these Terms of
Service.
You agree that the Owner has the right to modify these Terms of Service or revise anything
contained
herein. You further agree that all modifications to these Terms of Service are in full force and
effect
immediately upon posting on the Website and that modifications or variations will replace any
prior
version of these Terms of Service unless prior versions are specifically referred to or
incorporated
into the latest modification or variation of these Terms of Service.
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To the extent any part or sub-part of these Terms of Service is held ineffective or
invalid
by any
court of law, You agree that the prior, effective version of these Terms of Service
shall be
considered
enforceable and valid to the fullest extent.
-
You agree to routinely monitor these Terms of Service and refer to the Effective Date
posted
at the
top of these Terms of Service to note modifications or variations. You further agree to
clear
Your cache
when doing so to avoid accessing a prior version of these Terms of Service. You agree
that Your
continued use of the Website after any modifications to these Terms of Service is a
manifestation of
Your continued assent to these Terms of Service.
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In the event that You fail to monitor any modifications to or variations of these Terms
of
Service,
You agree that such failure shall be considered an affirmative waiver of Your right to
review
the
modified Agreement.
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ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and
all use
of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements
or
understandings, written or oral, regarding the use of this Website.
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SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency
services
on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected
by
unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no
liability for
any damage or loss caused as a result of such downtime.
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TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any reason, with or
without
cause. The Owner specifically reserves the right to terminate these Terms of Service if You
violate any
of the terms outlined herein, including, but not limited to, violating the intellectual property
rights
of the Owner or a third party, failing to comply with applicable laws or other legal
obligations, and/or
publishing or distributing illegal material. If You have registered for an account with Us, You
may also
terminate these Terms of Service at any time by contacting Us and requesting termination. Please
keep in
mind that any outstanding fees will still be due even after termination of Your account. At the
termination of these Terms of Service, any provisions that would be expected to survive
termination by
their nature shall remain in full force and effect.
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NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that
any
Services provided by Us are on an "As Is" basis. The Owner hereby expressly disclaims any and
all
express or implied warranties of any kind, including, but not limited to the implied warranty of
fitness
for a particular purpose and the implied warranty of merchantability. The Owner makes no
warranties that
the Website or Services will meet Your needs or that the Website or Services will be
uninterrupted,
error-free, or secure. The Owner also makes no warranties as to the reliability or accuracy of
any
information on the Website or obtained through the Services. You agree that any damage that may
occur to
You, through Your computer system, or as a result of the loss of Your data from Your use of the
Website
or Services is Your sole responsibility and that the Owner is not liable for any such damage or
loss.
All information, software, products, services and related graphics are provided on this site is
"as is"
and "as available" basis without warranty of any kind, either expressed or implied. The Website
disclaims all warranties, expressed or implied including, without limitation, all implied
warranties of
merchantability, fitness for a particular purpose, title and non-infringement or arising from a
course
of dealing, usage, or trade practice. The company makes no representation about the suitability
of the
information, software, products, and services contained on this Website for any purpose, and the
inclusion or offering of any products or services on this Website does not constitute any
endorsement or
recommendation of such products or services.
The Website makes no warranty that the use of the Website will be uninterrupted, timely, secure,
without
defect or error-free. You expressly agree that use of the site is at your own risk. The Website
shall
not be responsible for any content found on the Website.
Your use of any information or materials on this site or otherwise obtained through use of this
Website
is entirely at your own risk, for which we shall not be liable. It shall be your own
responsibility to
ensure that any products, services or information available through this website meet your
specific
requirements.
The Website assumes no responsibility for the accuracy, currency, completeness or usefulness of
information, views, opinions or advice in any material contained on the Website. Any information
of
third parties or advertisers is made available without doing any changes and so the Website
cannot
guarantee accuracy and is not liable to any inconsistencies arising thereof. All postings,
messages,
advertisements, photos, sounds, images, text, files, video or other materials posted on,
transmitted
through, or linked from the Website, are solely the responsibility of the person from whom such
Content
originated and the Website does not control and is not responsible for Content available on the
Website.
There may be instances when incorrect information is published inadvertently on our Website or
in the
Service such as typographical errors, inaccuracies or omissions that may relate to product
descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability. Any
errors,
inaccuracies or omissions, may be corrected at our discretion at any time and we may change or
update
information or cancel orders if any information in the Service or on any related website is
inaccurate
at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any
related
website, including without limitation, pricing information, except as required by law. No
specified
update or refresh date applied in the Service or on any related website should be taken to
indicate that
all information in the Service or on any related website has been modified or updated.
The Website shall not be responsible for any interaction between you and the other users of the
Website.
Under no circumstances will the Website be liable for any goods, services, resources or content
available through such third party dealings or communications, or for any harm related thereto.
The
Website is under no obligation to become involved in any disputes between you and other users of
the
Website or between you and any other third parties. You agree to release the Website from any
and all
claims, demands, and damages arising out of or in connection with such dispute.
You agree and understand that while the Website has made reasonable efforts to safeguard the
Website, it
cannot and does not ensure or make any representations that the Website or any of the
information
provided by You cannot be hacked by any unauthorised third parties. You specifically agree that
the
Website shall not be responsible for unauthorized access to or alteration of Your transmissions
or data,
any material or data sent or received or not sent or received, or any transactions entered into
through
the Website.
You hereby agree and confirm that the Website shall not be held liable or responsible in any
manner
whatsoever for such hacking or any loss or damages suffered by you due to unauthorised access of
the
Website by third parties or for any such use of the information provided by You or any spam
messages or
information that You may receive from any such unauthorised third party (including those which
are
although sent representing the name of the Website but have not been authorized by the Website)
which is
in violation or contravention of this Terms of Service or the Privacy Policy.
You specifically agree that the Website is not responsible or liable for any threatening,
defamatory,
obscene, offensive or illegal content or conduct of any other party or any infringement of
another's
rights, including intellectual property rights. You specifically agree that the Website is not
responsible for any content sent using and/or included in the Website by any third party.
The Website has no liability and will make no refund in the event of any delay, cancellation,
strike,
force majeure or other causes beyond their direct control, and they have no responsibility for
any
additional expense, omissions delays or acts of any government or authority.
You will be solely responsible for any damages to your computer system or loss of data that
results from
the download of any information and/or material. Some jurisdictions do not allow the exclusion
of
certain warranties, so some of the above exclusions may not apply to you.
In no event shall the Website be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without limitation, damages for loss
of use,
data or profits, arising out of or in any way connected with the use or performance of the site,
with
the delay or inability to use the site or related services, the provision of or failure to
provide
Services, or to deliver the products or for any information, software, products, services and
related
graphics obtained through the site, or any interaction between you and other participants of the
Website
or otherwise arising out of the use of the Website, damages resulting from use of or reliance on
the
information present, whether based on contract, tort, negligence, strict liability or otherwise,
even if
the Website or any of its affiliates/suppliers has been advised of the possibility of damages.
If
despite the limitation above, the Company is found liable for any loss or damage which arises
out of or
in any way connected with the use of the Website and/ or provision of Services, then the
liability of
the Company will in no event exceed, 50% (Fifty percent) of the amount you paid to the Company
in
connection with such transaction(s) on this Website.
You accept all responsibility for and hereby agree to indemnify and hold harmless the company
from and
against, any actions taken by you or by any person authorised to use your account, including
without
limitation, disclosure of passwords to third parties. By using the Website, you agree to defend,
indemnify and hold harmless the indemnified parties from any and all liability regarding your
use of the
site or participation in any site's activities. If you are dissatisfied with the Website, or the
Services or any portion thereof, or do not agree with these terms, your only recourse and
exclusive
remedy shall be to stop using the site.
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LIMITATION ON LIABILITY
The Owner is not liable for any damages that may occur to You as a result of Your use of the
Website or
Services, to the fullest extent permitted by law. The maximum liability of the Owner arising
from or
relating to these Terms of Service shall not exceed the fees received by the Service Provider
under this
Agreement or Rs. 25,000 (Rupees twenty five thousand) only, whichever is less. The Client shall
be
entitled to press only those claims in respect of which a loss or damage exceeds Rs. 5,000. The
Client
shall first make efforts to recover such losses through insurance. Any amount paid by the
insurance
company of the Client shall also be deducted from any claim pressed by the Client.
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GENERAL PROVISIONS:
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LANGUAGE: All communications made or notices given pursuant
to these Terms of Service shall
be in the
English language.
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JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the
Website or Services, You agree
that the
laws of India shall govern any matter or dispute relating to or arising out of these
Terms of
Service,
as well as any dispute of any kind that may arise between You and the Owner, with the
exception
of its
conflict of law provisions. In case any litigation specifically permitted under these
Terms of
Service
is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at
Kolkata, India.
The Parties agree that this choice of law, venue, and jurisdiction provision is not
permissive,
but
rather mandatory in nature. You hereby waive the right to any objection of venue,
including
assertion of
the doctrine of forum non-conveniens or similar doctrine.
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SEVERABILITY
If any part or sub-part of these Terms of Service is held invalid or
unenforceable by a
court of law or competent arbitrator, the remaining parts and sub-parts will be enforced
to the
maximum
extent possible. In such conditions, the remainder of these Terms of Service shall
continue in
full
force.
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NO WAIVER: In the event that We fail to enforce any
provision of these Terms of Service, this
shall
not constitute a waiver of any future enforcement of that provision or of any other
provision.
Waiver of
any part or sub-part of these Terms of Service will not constitute a waiver of any other
part or
sub-part.
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HEADINGS FOR CONVENIENCE ONLY: Headings of parts and
subparts under these Terms of Service
are for
convenience and organisation, only. Headings shall not affect the meaning of any
provisions of
these
Terms of Service.
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NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency,
partnership, or joint venture has been
created
between the Parties as a result of these Terms of Service. No Party has any authority to
bind
the other
to third parties.
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ELECTRONIC COMMUNICATIONS PERMITTED: Electronic
communications are permitted to both Parties
under
these Terms of Service, including e-mail or fax. For any questions or concerns, please
email Us
at the
following address: [email protected].