TERMS AND CONDITIONS OF USE

We are committed to ensuring that your experience with our Platform (as defined below) and the Services (as defined below) is secure and reliable. These Terms and Conditions of Use ("Terms") are designed to inform you about the terms governing your access to the Platform and the use of our Services.

AccoXpert (https://accoxpert.com) and it's features, content or application services (including but without limitation to any mobile application, mobile site services) (“ Website ”) owned and operated by AlgoX Software Solutions Private Limited.

By using our Platform and the Services offered by us, our Strategic Partners, and third-party service providers, you agree to comply with these Terms:

  1. Changes and Updates to these Terms
  2. Description of the Platform and Services
  3. Sign-Up Process and Information Requirements
  4. Conditions for Platform and Services Use
  5. Terms Governing Information on the Platform
  6. Intellectual Property Rights and Content Ownership
  7. Know Your Client (“KYC”) Requirements
  8. Communication and Notifications Policy
  9. Disclaimers, Limitation of Liability, and Indemnification
  10. Legal Rights and Obligations in Case of Violation

Application of these Terms

These Terms govern the use of and access to the website www.accoxpert.com and its associated mobile/web applications (hereinafter, collectively referred to as the "Platform") by you, the user (hereinafter, "you" or "User"). These Terms are also applicable to you in relation to the relevant Services you avail through the Platform.

User Representation

By using the Platform, you represent that you are at least 18 (eighteen) years of age and have not been previously suspended, disqualified, or removed by [Your Company Name], or disqualified for any other reason from availing the Services or using the Platform. Additionally, you affirm that you have the legal right, authority, and capacity to agree to these Terms and comply with them. You must not impersonate any person or entity or provide false information regarding your identity, age, or affiliation. In case of any violation of these Terms, [Your Company Name] reserves the right to suspend or permanently prevent you from using the Services or accessing the Platform.

Agreement to these Terms

If you do not agree to be bound by these Terms, you must refrain from using the Platform. Continuing to use the Platform or the Services implies your express agreement and commitment to comply with these Terms. Subject to applicable laws, these Terms (including any future amendments) will be applicable to you retroactively from the date of your first use of the Platform. These Terms and Conditions of Use set the guidelines and rules for using AccoXpert's Platform and Services. Please adapt this text to your specific business needs, legal requirements, and any unique aspects of your platform and services.

1. CHANGES TO THESE TERMS

1.1. Updates and Modifications

Please be aware that these Terms may undergo revisions periodically. We retain the right to amend or modify these Terms as needed. While we will make reasonable efforts to keep you informed about any changes, we recommend that you regularly review these Terms whenever you access or use the Platform to stay informed about any updates we may implement.

1.2. "Last Updated" Date

The "Last Updated" date provided at the top of these Terms indicates the date of the most recent modifications. If we make changes to these Terms, your continued access and use of the Platform will constitute your explicit acceptance of these modifications. Your ongoing usage will serve as confirmation that you expressly agree to the terms contained herein, which will apply from the date of your initial use of the Platform. Additionally, while using the Platform, you will be subject to any posted guidelines, supplementary terms, policies, or disclaimers that we may make available or issue from time to time. This includes, but is not limited to, the Privacy Policy accessible at [Privacy Policy URL]. All such supplementary terms, policies, guidelines, or disclaimers are hereby integrated by reference into these Terms.

1.3. Contact Us

If you have any comments or questions regarding these Terms or if you wish to report any violations of these Terms, please do not hesitate to contact us at [Contact Email Address].

2. REFUNDS

2.1 Refunds for Payments:

If you, as the merchant or recipient of payments, receive payments from your customers through our Platform via payment requests, both you and your customers acknowledge and confirm that you have provided, and your customers have received, the goods, products, or services for which the payments are made. Any disputes or issues related to these goods, products, or services are solely between you (the merchant/recipient of the payment) and your customers. You, as the merchant/recipient, are responsible for addressing and processing any claims or refunds related to these transactions. AccoXpert and its Strategic Partners are not responsible for providing refunds in connection with the goods, products, or services.

2.2 Modification or Discontinuation:

We reserve the right, at our discretion, to add, modify, or discontinue any part of the Services and Platform, temporarily or permanently, with or without cause. We shall not be liable for any such additions, modifications, suspensions, or discontinuations of the Services.

3. SIGN-UP AND CONSENT REQUIREMENTS

3.1. Information for Service Access

To access our Services, you must provide essential details including, but not limited to, your name, mother's and father's names, date of birth, gender, Permanent Account Number (PAN), signature, marital status, nominee particulars, canceled cheque, photograph, video recording, email ID, phone number, educational or professional qualifications, business name, business address, nature of business, Goods and Service Tax Identification Number (GSTIN), Tax Deduction and Collection Account Number (TAN), bank account information, Unified Payment Interface (UPI) ID, and other relevant payment details.

3.2. Voluntary Consent

You agree to furnish the aforementioned information, or any other data that may be necessary for us to deliver our Services, during registration or at any subsequent stage. You acknowledge that providing your Aadhaar ID is voluntary, unless mandated by applicable law, and may opt to provide an alternative KYC proof.

3.3. Accurate Information

You warrant the provision of truthful, accurate, current, and complete information about yourself, pledging not to misrepresent your identity or account details. Maintaining up-to-date and accurate account information is your responsibility.

3.4. Third-Party Consent

If you upload information concerning third parties, you must ensure you have their express written consent to use their data on the Platform. Additionally, you should obtain written consent from these individuals to receive communications from the Company, including information about us and our Services, promotional offers, services from us, our third-party service providers, Strategic Partners, and any other relevant matters related to the Services. If third parties fail to provide written consent or withdraw consent, you must cease using the Services in relation to them. Obtaining such consent is your sole responsibility, and we assume that you have sought and obtained it if you provide information about any third parties while using the Platform.

3.5. Accuracy of Information

If you provide false, inaccurate, or outdated information, or if we have reasonable grounds to suspect the accuracy of the information provided, we reserve the right to suspend or terminate your account and restrict your current and future use of the Platform. You are responsible for maintaining the confidentiality of your account and for all activities conducted under your account.

3.6. Security Breaches

You agree to promptly inform us in writing at [email protected] of any unauthorized use, disclosure, or security breach concerning your profile.

4. Intellectual Property Rights and Ownership

4.1. Our Ownership

We retain ownership of the design, compilation, and overall look and feel of the AccoXpert Platform. This ownership extends to all copyrighted materials, trademarks, designs, inventions, and other intellectual property. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable, royalty-free, revocable, and limited access to use the Platform and its Services in accordance with these Terms.

4.2. Restrictions on Usage

You agree not to copy, distribute, modify, or create derivative works from any of our content or utilize our intellectual property rights in any manner not explicitly permitted by us.

4.3. Third-Party Content

AccoXpert may provide summaries of news or information already in the public domain. Additionally, we may offer electronic links to the original sources of such news or information, directing you to third-party websites where the content was originally published. It's important to note that we do not possess any intellectual property rights over the information published by these third parties.

4.4. Use of Data

When you enter or upload data onto the AccoXpert Platform, you expressly grant us, our Strategic Partners, third-party service providers, group companies, and affiliates all necessary rights, licenses, and consents to host, use, copy, transmit, process, store, share, analyze, display, create derivatives, and back up all data submitted through our services. This includes personal data and financial information, with the purpose of enabling your use of the Platform and Services, improving and protecting our Services, creating and marketing new services, communicating with you, and sending you information that may be of interest. You confirm that you have the rights to grant these permissions.

4.5. Data Loss

Please be aware that data loss is an inherent risk when using any technology. You are responsible for maintaining copies of the data you enter into the Platform or use with our Services.

4.6. No Compensation

Regardless of the cause of any downtime, access issues, or data loss, your sole recourse is to discontinue using the AccoXpert Platform or Services.

5. Know Your Customer/Client Requirements

5.1. Providing Required Information

By using our Platform and availing our Services, you hereby consent to furnish specific information and documents essential to determine your eligibility. These details, including but not limited to Know Your Customer (KYC) Documents, may be shared with entities for whom we serve as a technology facilitator and Platform provider, such as Right Horizons, as well as online payment gateways, operators, aggregators, and our affiliates. This information may be used, copied, transmitted, processed, stored, shared, analyzed, derived, and backed up as necessary. In the context of these Terms, 'KYC Documents' encompass data like mobile number, parents' names, email address, password, date of birth, gender, PAN, signature, marital status, nominee details, cancelled cheque, photographs, video recordings, and other data requested during sign-up or subsequently. You agree to provide accurate, genuine, complete, and current KYC Documents. Please note that furnishing incorrect or misleading information constitutes a significant breach of these Terms.

5.2. Data Processing and Sharing

We may employ your personal data to deliver our Services effectively. Your personal information, along with KYC documents, may be processed, transferred, or disclosed to third parties, including Asset Management Companies (AMCs), Registrar and Transfer Agents (RTAs), KYC Registration Agencies (KRAs), payment gateways, statutory bodies or agencies, third-party service providers, and Strategic Partners, as required.

6. Merger/Modification:

Every party involved acknowledges that they have thoroughly reviewed, comprehended, and willingly accepted the Terms. Furthermore, they affirm that the Terms represent the comprehensive and exclusive agreement between all parties, effectively replacing and amalgamating all prior proposals, understandings, and any other agreements, whether oral or written, between the parties pertaining to the Terms.

7. INFORMATION

7.1. Disclaimer of Information Accuracy

While we diligently strive to provide information on compliance deadlines for filing various tax returns, status updates on your investments, and related data on our Platform, we must emphasize that we cannot be held responsible for errors, omissions, or the outcomes derived from using or relying on such information. Notably, certain links on our Platform may connect to third-party websites beyond our control. If you access these links, your interaction with the third-party websites will be governed by their respective terms and policies. We strongly encourage you to review these terms and policies.

7.2. General Information and Guidance

Any information provided on compliance deadlines for filing various tax returns, statutory forms, relevant tax-related news, or other regulatory updates on the Platform is intended for general guidance and informational purposes only. It is important to understand that the application of laws and regulations can vary significantly based on specific circumstances. Given the ever-changing nature of laws, rules, and regulations, coupled with the inherent risks of electronic communication, there may be delays, omissions, or inaccuracies in such information. Consequently, any information made available through the Platform should not be interpreted as a substitute for professional advice, including but not limited to legal, accounting, tax, or any other specialized consultation. Before making decisions or taking actions based on this information, it is essential to consult a qualified professional advisor. You acknowledge that the provision of the Platform or Services does not constitute the provision of specific advice or any other form of professional services, including tax-related services. The use of the Platform or Services, including reliance on the contents therein, is solely at your own risk.

7.3. Information Source

While we take reasonable measures to ensure that the information made available through the Platform is sourced from reputable channels, we disclaim responsibility for any errors, omissions, or the outcomes resulting from the use or reliance on this information.

7.4. No Warranty on Information

We make no representations regarding the accuracy or any other aspect of information contained on other websites linked from our Platform. All information provided through the Platform is offered "AS IS," with no guarantees, representations, or commitments regarding completeness, accuracy, timeliness, or the outcomes achieved from using this information. Furthermore, we disclaim any warranties, express or implied, including but not limited to performance, merchantability, and fitness for a particular purpose.

8. USE OF AND ACCESS TO THE PLATFORM

8.1. Responsible Usage

You agree to utilize the AccoXpert Platform solely for lawful purposes, acknowledging that you are solely responsible and accountable for all activities conducted through your use of the Platform or by availing our Services. Any liability arising from the use of the Platform is explicitly excluded.

8.2. Service Level Terms

We commit to making commercially reasonable efforts to provide you with access to the Platform. Technical support services will be available in line with our standard practices. However, we do not guarantee uninterrupted access to the Platform. Instances of downtime may result from various factors, including but not limited to scheduled maintenance, outages in public Internet backbones, network or server failures, equipment or system issues on your end, or events beyond our control, such as strikes, natural disasters, or governmental actions.

8.3. Updates

Periodically, we may offer upgrades, patches, enhancements, or fixes for the Platform at no additional charge. These updates will become part of the Platform and will be subject to the Terms. Please note that we are not obligated to provide updates, and we may cease support for older versions or releases of the Platform at our discretion.

8.4. Responsible Use Guidelines

By accessing or using the Platform or availing our Services, you agree not to:

8.4.1. Content Restrictions

  1. Post, upload, modify, publish, transmit, update, or share any information on the Platform that does not belong to you or for which you do not have the necessary rights.
  2. Publish content that is defamatory, obscene, pornographic, invasive of another's privacy, harassing, libelous, racially or ethnically objectionable, or encouraging illegal activities, including money laundering or gambling.
  3. Share content that is harmful to minors.
  4. Infringe on any patent, trademark, copyright, or other proprietary rights.
  5. Violate any applicable law.
  6. Intentionally deceive or mislead others with false or misleading information.
  7. Impersonate another person.
  8. Threaten the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to commit any cognizable offense, or insult any foreign state.
  9. Transmit software viruses or other malicious computer code designed to disrupt, destroy, or limit the functionality of computer resources.
  10. Share false or untrue information with the intent to mislead or harass.

8.4.2. Violations of the Terms and Applicable Laws

8.4.3. Prohibited Activities

8.4.5. Intellectual Property Infringement

8.4.6. Age Requirement

8.4.7. Disclosure of Private Matters

8.4.8. Failure to Cooperate

8.4.9. Interfering with Security Features

9. COMMUNICATION POLICY

9.1. Receipt of Communications

By using AccoXpert, you agree to receive various communications from the Company, which may include:

  1. Platform and Service Information: Communications pertaining to the use of the Platform and Services.
  2. Company Updates: Information about the Company, its Services, and relevant updates.
  3. Promotional Offers: Promotional offers and services provided by the Company, its Strategic Partners, and third-party partners.
  4. Other Service-Related Matters: Any other communication in relation to the Services.

If you access the Platform on behalf of a third party with their prior consent, you acknowledge and agree that we are authorized to send any or all of the above-mentioned communications to your customers or other third parties whose information you have made available on the Platform.

9.2. Communication Methods

We may send alerts and messages to the mobile phone numbers provided by you, whether for yourself, your customers, or any third parties. These communications may be sent via:

  • Email
  • SMS
  • WhatsApp messages
  • Push notifications
  • Any other suitable means

Please note that if your mobile number is registered on the Do Not Disturb ("DND") list of the Telecom Regulatory Authority of India, you may not receive SMS from us. In such cases, you are responsible for taking the necessary steps to deregister from the DND list, and we shall not be held liable for any non-receipt of SMS.

9.3. Authenticity of Recipients

We are not obligated to confirm the authenticity of the person(s) receiving the alert or message. Consequently, you cannot hold the Company responsible for any issues related to the availability of the SMS/email alert/push notification service.

9.4. Service Reliability

Please be aware that the SMS/email alert/push notification service is provided for your convenience and may be susceptible to errors, omissions, and inaccuracies. The Company cannot be held liable for any losses, damages, claims, expenses, including legal costs, that may arise from or be suffered by you in connection with the SMS/email alert/push notification service.

9.5. Service Quality

The clarity, readability, accuracy, and timeliness of the SMS/email alert/push notification service depend on various factors, including the infrastructure and connectivity of the network service provider. The Company shall not be held responsible for any non-delivery, delayed delivery, or distortion of alerts or messages in any way.

9.6. Internet Security

You understand that the Company cannot guarantee or warrant that files available for download through the Platform will be free of viruses, worms, or other potentially damaging code. It is your responsibility to implement procedures that meet your specific internet security requirements and ensure the accuracy of data input and output.

10. THIRD-PARTY SERVICES ON THE PLATFORM

10.1. Third-Party Services and Additional Terms

Within our Platform, you may encounter products and services provided by third-party service providers. It's important to note that these third-party services may be subject to additional terms and conditions that apply to you when you use them. By using such services, you agree to be bound by these additional terms. Please be aware that third-party products and services are governed by the terms and privacy policies established by their respective providers. This includes how these providers utilize the data you share with them. Descriptions of third-party products and services, along with any associated links, are provided to us by the third-party providers. These providers are exclusively responsible for any representations contained in these descriptions. We do not endorse or assume any responsibility for third-party products or services.

10.2. Disclaimers Regarding Third-Party Services

We want to emphasize that we make no representations and explicitly disclaim all warranties and liabilities related to third-party services. This includes aspects such as their accuracy or completeness. Furthermore, all intellectual property rights pertaining to third-party services are the sole property of the respective third-party providers.

11. TERMINATION OF ACCESS TO THE PLATFORM

We retain the right to terminate or suspend your access to the Platform, or access to any of the data contained therein, under the following circumstances:

  1. At our discretion;
  2. If you fail to adhere to these Terms or the Privacy Policy;
  3. In the event of extended periods of inactivity;
  4. In cases involving fraud, insolvency, or bankruptcy related to your account.

Please be aware that our right to terminate your access is not contingent on whether you have breached these Terms or not.

12. WARRANTIES AND DISCLAIMERS

12.1. Platform Service Provider

We want to make it clear that we are a technology platform service provider. Consequently, we cannot and will not accept responsibility for any claims or damages incurred. This applies to you, third parties of our users whose information is recorded on our Platform, or any other individual or entity. This disclaimer covers matters directly or indirectly related to our services, including any payments made through the payment links generated using our Platform.

12.2. YOUR USE OF OUR PLATFORM AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, ACCOXPERT, OUR STRATEGIC PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN MORE SPECIFIC TERMS:
  1. WE MAKE NO GUARANTEE THAT THE PLATFORM OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.
  2. WE CANNOT ENSURE THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  3. ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR SERVICES MAY NOT ALWAYS BE ACCURATE OR RELIABLE.
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS ACQUIRED THROUGH THE PLATFORM MAY NOT MEET YOUR EXPECTATIONS.
  5. WE ARE NOT RESPONSIBLE FOR CORRECTING ANY ERRORS IN THE PLATFORM.
12.3. Dependency on Third Parties

Certain Services on our Platform are dependent on the technology infrastructure of various third parties, including government agencies and statutory authorities. We would like to emphasize that AccoXpert will not be held liable or responsible for any discrepancies in the Services arising from delays or failures of activities carried out by these third parties. This includes government agencies and statutory authorities like the Goods and Services Tax Network and National Informatics Centre.

Delays or failures may occur due to a range of factors, including network or connectivity issues, device or application failures, system failures, downtime on the part of government systems, or any other technical or non-technical errors, whether foreseen or unforeseen.

13. EXCLUSION OF DAMAGES

WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE ACCOXPERT PLATFORM. THIS EXCLUSION OF LIABILITY ENCOMPASSES, BUT IS NOT LIMITED TO, THE FOLLOWING:

  1. OUR ROLE AS A PUBLISHER OF INFORMATION.
  2. ANY INCORRECT OR INACCURATE INFORMATION OR ANY 'BUG' IN THE PLATFORM OR THE SERVICES.
  3. UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA.
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE PLATFORM.
  5. DISPUTES BETWEEN USERS OF THE PLATFORM OR THE SERVICES, OR BETWEEN A USER OF THE PLATFORM OR THE SERVICES AND A THIRD PARTY.
  6. ANY OTHER MATTER RELATING TO THE PLATFORM OR THE SERVICES, OR ANY THIRD PARTY.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION IS APPLICABLE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN ACCOXPERT AND YOU. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE PLATFORM OR THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

14. INDEMNIFICATION

14.1. Notwithstanding the provisions in this Agreement, you agree to defend, indemnify, and hold harmless AccoXpert (and its affiliates, officers, directors, and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits and revenue, opportunity costs, expenses (including court costs and reasonable attorneys' legal fees) in connection with, arising out of, or in relation to:

  1. Breach or non-compliance of your obligations, consents, grants, undertakings, representations, or warranties under these Terms.
  2. Misrepresentation, negligence, fraud, willful concealment, and misconduct.
  3. Misuse of the Services and Platform for any illegal or unauthorized purposes.
  4. Any injuries to persons or damage to property, body, business character, reputation, including theft, resulting from your acts or omissions.
  5. Any claims by a third party against AccoXpert for the acts committed or omitted by you.
  6. Any violation of applicable law.

14.2. You agree that any violation by you will constitute an unlawful and unfair business practice, causing irreparable harm to AccoXpert, its Strategic Partners, and third-party service providers, for which monetary damages would be inadequate. You consent to AccoXpert obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that AccoXpert may have at law or in equity.

If AccoXpert takes any legal action against you due to your violation of these Terms, they will be entitled to recover from you, and you agree to pay all reasonable attorneys' fees and costs of such action, in addition to any other relief that may be granted.

15. MISCELLANEOUS

15.1. Notice: All notices, requests, demands, approvals, requests for approvals, or other communications under these Terms shall be in writing. Notice will be considered duly given as follows: (i) upon delivery when personally handed to the recipient, (ii) upon receipt when sent by certified mail, (iii) upon delivery when dispatched by a recognized international overnight courier, and (iv) upon receipt when transmitted by fax with confirmation.

15.2. Governing Law and Jurisdiction: These Terms are subject to the laws of India and will be interpreted, enforced, and governed accordingly. Any disputes, conflicts, or differences arising from these Terms will be resolved through arbitration in New Delhi, following the provisions of the Arbitration and Conciliation Act, 1996, which is deemed to be incorporated by reference in this Clause. The arbitration panel will consist of one arbitrator appointed by us, and English will be the language used in the arbitration. All parties involved in the arbitration will maintain its confidentiality and not disclose it to any person, except on a need-to-know basis or to legal advisors, unless compelled by law. The decision of the arbitrator will be final and binding on all parties. Subject to other provisions in this Clause, courts in New Delhi will have exclusive jurisdiction over all matters arising from these Terms or the use of our Services.

15.3. Severability: If any provision in these Terms is found to be invalid under any applicable statute or rule of law, it will be deemed omitted to the extent necessary, while all other terms and provisions will remain in full force and effect, as long as the economic or legal substance of the transactions contemplated here is not materially adversely affected. If any term or provision is declared invalid, illegal, or unenforceable, the parties will negotiate in good faith to amend the Terms so that they reflect the original intent of the parties as closely as possible and are still acceptable. This is to ensure that the transactions contemplated here are carried out as originally intended to the greatest extent possible.

15.4. Waiver: A waiver by either party of any term or condition of these Terms in a particular instance will not be considered a waiver of that term or condition for the future or for any subsequent breach. All remedies, rights, commitments, obligations, and agreements in these Terms are cumulative, and none of them will limit any other remedy, right, commitment, obligation, or agreement of either party.

15.5. Relationship of Parties: The parties are not considered employees, agents, partners, or joint ventures of one another. You do not have the authority to enter into agreements on behalf of the Company.

16. FORCE MAJEURE

In the event that a Party is unable to fulfill its obligations under the Terms due to circumstances beyond its reasonable control, including but not limited to (1) acts of God; (2) fire or explosion (except to the extent caused by the negligence or willful misconduct of the affected party); (3) unusually severe weather; (4) war, invasion, riot, or other civil unrest; (5) governmental laws, orders, restrictions, actions, embargoes, or blockages; (6) national or regional emergencies; and (7) injunctions, strikes, lockouts, labor disputes, or other industrial disturbances, that Party shall not be held liable for such failure or delay. It is understood that the affected Party will promptly inform the other Party of the force majeure condition and will make reasonable efforts to rectify the situation, with the aim of resuming the performance of its obligations as soon as practicable.

17. MAINTENANCE OF RECORDS

You are responsible for maintaining records independently of the Platform, including physical copies and other forms. The Company reserves the right to request copies of these records for its own use, including record-keeping purposes. You acknowledge and agree that the Company has the right to retain your information for as long as it deems necessary and as required to comply with applicable legal provisions.

18. FEES

The Company retains the right to impose fees for the use of its Services, and non-payment may result in the denial of Services.

18. Shipping

Deliverables is in form of digital product and so does not require any shipping.