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Terms of Use


These terms of use (this "Agreement") set forth the standards of use of www.nearify.com located at www.nearify.com and all of its associated pages and websites. The www.nearify.com and all such associated pages and websites are collectively referred to herein as the "Website".

The words "You" or "User" as used herein, refer to all individuals and/or entities accessing or using the Website for any reason.

By using the Website, you represent that you have read and agree to be bound by the terms of this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein, collectively referred to as "Terms of Use". These Terms of Use set out the legally binding terms with respect to your access and use of the Website and our provision of the Services (as defined below).

Please read these Terms of Use carefully. Your access to Website and/or use of the Service constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access Website and/or use the Service.

1. Definitions

"Account" means the account successfully opened by the User in the Website by their facebook login.

"Company" means Novelroots Internet Pvt Ltd or any of its assignee incorporated under the [Indian] Companies Act, 1956.

"Events" means all the events that have been posted by any user on Facebook.com or any other event listing website or event ticketing website. These events can be public or private events. It also includes the events that are created by users on the website which can then be posted on Facebook or any other event listing website or event ticketing website as per the company policies and user preference.

"Locations" means all the places that have been posted by anyone on Facebook.com. These locations can be used to organize/host any events for public or private purpose. It also includes the locations that are created by users on the website which can then be posted on Facebook as per the company policies and user preference.

"Friends" means all the users have on Facebook.com for the login credentials that the user has used to log on to the website.

2. Eligibility

You, if an individual, must be 18 or above, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, be a member or use the Website and Services. You, if a company, partnership firm, Institution, trust or any other juristic person (except an individual) must have the capacity to form a binding contract in your jurisdiction. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab initio. By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. You also represent and warrant to the Company that you will use Website in a manner consistent with any and all applicable laws and regulations.

3. Services

Users are entitled to use the Services including inter alia viewing and creating of events, viewing and creating of locations, viewing and communication with friends and friends of friends, promoting events or locations, as per information provided on the website from time to time.

For any event or location where payment is required, the company may provide a facility for the same.

The Company reserves the right to change the nature of Services at its sole discretion.

4. Restrictions on use

Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or that is false of misleading; or that harasses or advocates harassment of another person.

Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:

  1. accessing data not intended for such user or logging into a server or account which the User is not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Website, overloading, "flooding", "spamming", "mailbombing", "hacking" or "crashing"; or
  4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

Specific Restrictions on Rights to Use: In addition to the above, the users shall not:

  • modify, adapt, translate, or reverse engineer any portion of the Website and/or Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;
  • collect any information about other Users including Members (including usernames and/or email addresses) for any purpose other than that specified in services;
  • reformat or frame any portion of the web pages that are part of the Website and/or Service;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users or members of the Website and/or Service or otherwise interfere with other User's or Member's enjoyment of the Website and/or Service;
  • submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any content offered on the Website for other than your own use;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Company's IT infrastructure;

5. Remedies with the Company

You understand and agree that the Company or the Website may review any data or content that the Company finds, in its sole discretion, that the User violates any terms of this Agreement especially clause 4, the Company and/or the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website and/or Service.

The Company shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

6. Membership Process

You may browse the site and view content without registering, but as a condition to using certain aspects of the Service, you are required to register with the website and represent, warrant and covenant that you provide the website with accurate and complete registration and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your user account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily. The User shall register on the website using his/her Facebook.com login credentials. Since the website intends to use the social network of the user to provide quality service, the website has certain basic parameters for allowing users to use the website services, such as, users with limited number of friends will not be able to log on and use the website. These conditions are defined by the company and the company reserves the right to update them from time to time without providing any notice to the users. We recommend, but do not require, that you use your own Facebook credentials as your Username so your friends can recognize you more easily.

7. Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. The Website or the Company cannot guarantee the authenticity of any content or data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, Events, friend related information, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the Website on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions".

8. User Submissions

CREDITS : Events, People & Places information mostly provided by Facebook.com and other event listing and event ticketing websites | Location information & Map provided by maps.Google.com

We may use your User Submissions in a number of different ways in connection with the Site, Service and the Company's business as the Company may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications ('Third Party Media'). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant the Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and the Company's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to the Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with the Company.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that the Company will not be liable for any errors or omissions in any Content; and that the Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

9. Modification of Terms of Use

You understand and agree that these Terms of Use, the Website and the Services can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms of Use periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by you on your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or Service implemented after your initial access of Website or use of the Service shall be subject to these Terms of Use.

10. Maintenance

The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

11. Term and Termination

These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website for all Users.

For Members, the Terms of Use shall commence from the time the Membership Process is concluded as per clause 6 of this Agreement.

Company reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your login credentials. You shall never use another user's account without such other user's prior express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

Notwithstanding anything contained in the Terms of Use, clauses 5, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or expiration of these Terms of Use.

12. Payment

Membership of the portal is Free however, Certain features of the Service and/or certain services and products made available to you through the Service may allow you to purchase services or to redeem an offer. The Company uses a third-party payment processor (the 'Payment Processor') to link your credit card account to the Services (your 'Card Account') for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. The Company is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, the Company will obtain certain transaction details, which the Company will use solely in accordance with our Privacy Policy. The Company reserves the right to, at its sole discretion; modify its pricing at any time upon advance notice on the Website. The Company is under no obligation to send personal notices to each of its Members.

13. Liabilities upon termination

If the Terms of Use is terminated pursuant to clauses set out in clause 11 above, without prejudice to any other remedies available to the Company, the Member shall be not be refunded whether a part or whole of any payment done for any service or otherwise.

14. Ownership

Except for the content submitted by the Members or the Users, either on the website or on Facebook or any other event listing website or any other event ticketing website, any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

15. Copyright Dispute Policy

15.1 The Company has adopted the following general policy towards copyright infringement. The contact details of the Company's designated agent to receive notification of claimed infringement ("Designated Agent") is provided at the bottom of this section.

Company's Policy: It is the Company's policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and remove and discontinue Services to repeat offenders.

Procedure for reporting purported copyright infringements: If you believe that your copyrighted material or content is posted, uploaded or made accessible through the Website or Services, please inform the Designated Agent of such material or content and provide us with the following information too ("Bona Fide Infringement Notification") —

  • Details of the ownership of the copyright and if applicable, a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Details of works or materials that you believe are being infringed;
  • Identification of the material or content on the Website that is claimed to be infringing your copyrighted works including information regarding the location of such materials with sufficient detail to enable the Company to find and verify such materials;
  • Your contact information including address, telephone number and, if available, email address;
  • A statement by you that you have a bona fide belief that the publication or uploading of the copyrighted material has not been authorized by either by (a) the copyright owner; (b) his authorised agent, or (c) the law; and
  • A statement by you setting out either that you are the owner of the copyrighted work or have been authorised by the owner to communicate with the Company with regard to the use, publication, uploading of the copyrighted work on the Website.

Designated Agent:
By mail:
Compliance Officer
Novelroots Internet Pvt Ltd,
New Delhi

Email: hello@nearify.com

Upon Receipt of a Bona Fide Infringement Notification: Once the Company has received a Bona Fide Infringement Notification, the Company shall have the right to, at its sole discretion, remove or disable access to the material claimed to having breached the notifier's copyrighted works and to notify the Content provider, member or user that it has removed or disabled access to the material.

Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, Member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, Member or User must send a counter-notice containing the following information to the Designated Agent:

  • A physical or electronic signature of the content provider, Member or User;
  • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, Member or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the competent court in Delhi.

Removal: If a counter-notice is received by the Designated Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless a court of competent jurisdiction gives direction against removal of such material, the removed material may be replaced or access to it restored at any time at the sole discretion of the Company, after receipt of the counter-notice.

15.2 It is clarified that the role of the Company is to facilitate consultation between users and it shall not take responsibility or be liable for any copyright infringement.

16. No Liability for Third Party

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Services, such activity would be solely between you and the third party. The Company shall have no liability, obligation or responsibility for any such activity.

17. Disclaimer

Save to the extent required by law, the Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release the Company from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Service, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

The site, service, content and add-to link are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.

The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:

(a) the service will be secure or available at any particular time or location;
(b) any defects or errors will be corrected;
(c) any content or software available at or through the service is free of viruses or other harmful components; or
(d) the results of using the service will meet your requirements.

Your use of the website, service, content and add-to link is solely at your own risk. Some states/ countries do not allow limitations on implied warranties, so the above limitations may not apply to you.

18. Limitation on Liability

All liability of the Company, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use the site, service, content, user submissions or add-to link is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of the Company, its directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred US dollars ($100).

To the maximum extent permitted by applicable law, in no event shall the Company, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not the company, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content, user submissions or add-to link for:

  • indirect or consequential losses or damages;
  • loss of actual or anticipated profits;
  • loss of revenue;
  • loss of goodwill;
  • loss of data;
  • loss of anticipated savings;
  • wasted expenditure; or
  • cost of procurement of substitue goods or services.

Nothing in these Terms of Use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms of Use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company's liability will be limited to the fullest extent permitted by applicable law.

Solely in respect of users located in European Economic Area (EEA) and/or Australia, nothing in these Terms of Use shall be deemed to exclude or limit our or your liability (as applicable) in respect of:

death or personal injury arising as a result of our or your negligence (as applicable);
fraud (including fraudulent misrepresentation), theft or other criminal activity; or
any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.

19. Indemnity

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Website, (ii) your use of the Services, (iii) the violation of these Terms of Use by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

20. Privacy

Use of the Website and/or the Services is also governed by our Privacy Policy.

21. Confidentiality

User agrees to take all possible precautions with regard to protecting Confidential Information from any third party. Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

All information and data submitted by the User shall be in accordance with the Terms of Use.

The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.

All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.

If the User is not genuine and is using or accessing the Website to gain Confidential Information and if such a User has obtained access to the Confidential Information, it shall be a breach of this Agreement and shall be kept absolutely confidential. Any use or divulgence of such Confidential Information by such User, shall entitle the Company to inquire and investigate and seek legal remedy against such User including to seek temporary and permanent injunction.

22. Miscellaneous

Governing law and Dispute Resolution- This Agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.

Assignability -The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, you shall not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from the Company.

Severability - If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Waiver - Failure by the Company to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

Grievance Redressal: The Company shall endeavour to address grievance or complaints of the Users to the extent possible. Towards this the Company is committed to form a Grievance Redressal Cell, which can be reached on the telephone number as mentioned in the Website or on the email address 'hello@nearify.com'.

Links to third party sites - The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company or the Website and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

The Company is not responsible for any errors, omissions or representations on any Linked Site. The Company does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Interpretation in this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

These "Terms of Use" and "Privacy Policy" of the Website constitute a binding agreement between You and the Company, and is accepted by You upon your use of the Website.


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