The Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms is (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures from the Company.
Further, by furnishing Your information to the Company or giving Your consent to the Company to access Your information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.
- You acknowledge that the Platform allows You to avail the following services including:
- The Company Provides You a limited, non–exclusive, non–transferable, royalty free licence to use the Platform for the purposes of registering on the Platform, accessing the Content (as defined below) and availing the services through the Platform including receiving payments for export transactions through the Platform.
- Facilitation of B2B cross-border transactions between exporters resident in India i.e., You and overseas merchants (located in the United States) with whom You have concluded an export transaction (“Transactions”).
- For the purpose of receiving payments for Your Transactions through the Platform, You shall be required to raise an invoice on the overseas merchants, for the goods or services exported by You, with the virtual account number mentioned on such invoice. This virtual account is opened with the Company’s overseas business partners (“Virtual Account”) and the overseas merchant shall make payments into the said Virtual Account. The funds from the said Virtual Account shall be transferred to the Company’s export collection account (“Export Collection Account”) and thereafter into Your Linked Bank Account (defined below) through normal banking channels.
- To receive funds related to Your Transactions from the Export Collection Account of the Company, You shall be required to link Your bank account held with a Scheduled Commercial Bank, whose details You shall provide while signing up on the Platform (“Linked Bank Account”).
- You agree and acknowledge that the Company may disburse funds into Your Linked Bank Account from its Export Collection Account after deducting any it’s commission or service fees for providing Services (defined below) herein.
- You agree and acknowledge that the final settlement of funds relating to Your Transactions will be done by the Company approximately within 7 (seven) working days from the date on which the overseas merchant involved in the Transaction makes the payment into Your assigned Virtual Account. In no circumstance will the Company be liable for any loss or damage caused to You due to any delay in settlement of funds caused by the overseas merchant or any other third party (including the Company’s overseas and Indian banking partners).
- You may avail periodic notifications and Transaction updates and summaries, reminders on the Platform and through email, SMS and WhatsApp.
- The Company maintains a record of Your Transactions and the funds You receive/have received/to receive through the Platform, in a consolidated, secure, and confidential manner; and
- The Company shall promptly and efficiently respond to Your queries or issues relating to Your experience on the Platform.
- The aforementioned services shall be collectively referred to as the (“Services”). You agree and acknowledge that the Company may, at its discretion, add, modify, or remove any of the Services mentioned above without providing You any special notice.
- All Services on the Platform are provided to You on a principal to principal basis between You and the Company. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.
- The Company may facilitate provision of third party products or services to You within Platform. In order to use these third party products or services, you may need to accept additional terms and conditions and meet additional requirements as may be prescribed by such third parties in their respective terms and conditions, please read all such terms carefully prior to availing such services on the Platform. You explicitly agree and acknowledge that the Company will not be responsible or liable to You for any damages or loss incurred by You as a result of Your interaction with any third party product or service on the Platform.
- You agree and acknowledge that the Services or any part thereof may be provided by the Company or its parent entity, subsidiaries, affiliates, associates (“Group Entities") or such other entities which have been authorised to do so by the Company. You understand that by agreeing to these Terms, You agree to avail Services from Group Entities and such other authorised entities.
- As part of the Services provided to You, You agree to provide honest feedback/review about Our Services, if required by the Company.
- The Company does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Services; and (ii) discriminate between Users of the same class or make any arbitrarily classification of the Users.
- Eligibility to Use
- Use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract i.e., above 18 (eighteen) years of age (ii) not a person barred from receiving the Services from the Platform under the applicable laws or by a regulatory authority in India or abroad; and (iii) competent to enter into a binding contract.
- We maintain the right to provide Services to only those Users who – (a) have made the representations as provided above; and (b) qualify under Our internal policy(ies) for availing Services as solely determined by the Company from time to time, including but not limited to these Terms. You agree and acknowledge that We shall have the sole right to change, modify, add, or remove, in whole or in part, internal policy(ies), in relation to the provision of the Services at any time by providing a prior written notice or intimation to You.
- User Account, Password and Security
- For the purposes of availing funds relating to Your Transactions, You are required to link Your Linked Bank Account to Your Account on the Platform.
- You shall ensure and confirm that the Account information including but not limited to the “Know Your Customer” (“KYC”) related information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You. You further agree and acknowledge that the completeness and accuracy of the information provided by You is critical for Us to provide Services to You. In no event will the Company be liable for any loss or damage caused to You or to any other third party (including but not limited to the overseas merchant involved in the Transaction) caused due to the untrue, inaccurate, not current or incomplete information that may be provided by You.
- You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized access or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
- You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
- You hereby acknowledge and agree that the deletion of the Platform from the Your device does not constitute termination of Your Account and agree to undertake the process detailed herein in order to complete the de-registration of Your Account (“De-registration”). If and when You are desirous of having Your name and other details removed from Our records, immediately upon receiving Your written request to that effect, We shall remove and/delete all such information. However, we may retain certain information regarding your Account, even after receiving a deletion request from you, where such retention is required under applicable laws. You hereby acknowledge that the removal of Your details from the Platform does not constitute termination of Your outstanding obligations, if any, to the Company.
- KYC Process
- You warrant and represent to the Company that all information and documents provided by You for the purpose of KYC are true, correct and up to date. This shall be material for You to access and avail Our Services on the Platform. The Company may verify Your identity for KYC purposes either by itself or through third parties that have partnered with the Company for this purpose. Further, the Company may also use / deploy various software and/or technology or other means, either directly or through external service providers / vendors to establish and verify your identity and/or the documents /information provided by You. You hereby consent to any such identity verification and KYC checks.
- The Company shall also share, use and retain Your information and documents, to report any and all Suspicious Transaction to any Government, judicial, statutory or regulatory or law enforcement authority (“Authorities”) and/or to comply with the requests or requisitions made by any such Authorities. The Company may also require You to provide any additional information or documents requested by such Authorities. The Company shall also use such information / documents to conduct internal enquiries as per its Terms and may report the findings of such enquiry to any Authorities in India.
(i) Certificate of incorporation /registration certificate
(ii) Memorandum and Articles of Association / partnership deed / trust deed
(iii) The Permanent Account Number or the equivalent e-document thereof or Form No. 60 as defined in Income Tax Rules, 1962;
(iv) Bank account details;
(v) A resolution from the Board of Directors / power of attorney granted to its managers, officers or employees to transact on its behalf;
(vi) Identity & address proofs, PAN and other documents relating to beneficial owner, the managers, officers or employees, as the case may be, holding an attorney to transact on the entity’s/person’s behalf. The Company may undertake Aadhaar-based authentication to conduct KYC, for which the Company will not store or access Your Aadhaar number;
(vii) IEC (Importer Exporter Code) issued to the User by the office of DGFT or license/certificate of practice issued in the name of the User by any professional body incorporated under a statute;
(viii) Certificate issued under Shops and Establishment Act;
(ix) Tax returns and certificates such as CGST, SGST, VAT etc;
(x) Utility bills;
(xi) Such other information or documents in respect of Your financial status and the nature of Your business as may be deemed necessary by the Company, in compliance with Applicable Laws.
- You acknowledge that the list of documents provided in clause 4.5 above can be amended at any time at the sole discretion of the Company to comply with Applicable Laws by providing You a notice of such amendment on the Platform.
- You agree to file a fresh proof of address within six months of making any changes to the address mentioned as per the ‘proof of address’ submitted by You.
- You agree to provide any additional information sought by the Company in the course of the enquiry conducted by the Company as provided under the Terms and/or upon the request of any Authority in India.
- The Company may examine the ownership and financial position, including sources of funds of the User, and in some cases, User’s affiliates, and the User shall provide assistance and cooperation in this regard. If the User fails/ refuses to comply with the requirements provided herein, the Company reserves the right to suspend or terminate the User’s Account as according to the Terms.
- The Company may examine the ownership status of the User in the following manner:
(i) Where the User is a company, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical persons, has/have a controlling ownership interest or who exercise control through other means. Explanation- For the purpose of this sub-clause-“Controlling ownership interest” means ownership of/entitlement to more than 25 per cent of the shares or capital or profits of the company. “Control” shall include the right to appoint the majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements.
(ii) Where the User is a partnership firm or limited liability partnership, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has/have ownership of/entitlement to more than 15 per cent of capital or profits of the partnership.
(iii) Where the User is an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has/have ownership of/entitlement to more than 15 per cent of the property or capital or profits of the unincorporated association or body of individuals. Explanation: Term ‘body of individuals’ includes societies. Where no natural person is identified under (a), (b) or (c) above, the beneficial owner is the relevant natural person who holds the position of senior managing official.
(iv) Where the User is a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with 15% or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership.
- You acknowledge that in case of any Suspicious Transaction, the Company shall provide full assistance and cooperation to relevant Authority in India.
- You agree that You shall not maintain more than one Account in Your name on the Platform. Company will determine whether a User is acting on behalf of a beneficial owner, and will take all necessary steps to identify such beneficial owner. Users are not permitted to act on behalf of another User, and can only transact on the Platform on their own Account, with their own funds, and for their own benefit. No accounts will be opened by Company for any User who appears on any embargoes, sanctions, or restrictive measures by the Reserve Bank of India (RBI), The United States government (OFAC) Consolidated Sanctions List, Specially Designated Nationals List, The European Union and the United Nations.
- The Company may conduct due diligence on You for checking Politically Exposed Persons (PEP) status. The Company shall retain the option to onboard a PEP, if the Company is satisfied that:
- Sufficient information including information about the sources of funds accounts of family members and close relatives is gathered on the PEP;
- The identity of the person shall have been verified before accepting the PEP;
- All such accounts are subjected to enhanced monitoring on an on-going basis;
- In the event of an existing User or the beneficial owner of an existing account subsequently becoming a PEP, senior management’s approval is obtained to continue the business relationship;
- You agree that You shall not register on the Platform with fictitious names or on behalf of other persons whose identity has not been disclosed or cannot be verified by the Company.
- The Company shall continuously monitor Your transactions on the Platform and assess the risk profile of Your Account. The risk assessment conducted by the Company shall be reasonably documented and kept up to date, the same shall be made available to the Authorities upon request.
- If the Company perceives a higher risk of money laundering or financing of terrorism from Your Account, the Company may re-evaluate the information and documents provided by You for KYC purposes and may re-verify your information and documents including Your identity. You agree to provide full assistance and cooperation to the Company for the same.
- Use of the Platform
- Subject to compliance with these Terms, the Company hereby grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) by paying the fees as may be communicated to You by the Company for the purpose of availing Services on a per Transaction basis You further agree not to engage in any activities that may adversely affect the use of the Platform by the Company or other Users.
- You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
- You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent, or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
- Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information (either on Your profile linked to Your Account or while availing Service or in any other circumstances) that:
- belongs to another person and to which the User does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright, or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- incites terrorism or in any manner supports any terrorist organisation or individuals who are designated to be terrorists by the Government of India or by the United Nations Security Council;
- contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
- You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.
- Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable access to view any Content available on the Platform, subject to the following conditions:
- You may access the Content solely for personal or informational purposes, in accordance with the Terms;
- You may not modify or alter the Content available on the Platform;
- You may not distribute, copy, reproduce, or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
- You agree and acknowledge that the Company reserves the right to refuse processing of any of Your Transactions if such Transaction(s) are in violation of these Terms or any applicable laws or if it is required to do so in order to comply with the orders of appropriate enforcement authorities.
- The Company shall constantly monitor Your Transactions on the Platform for suspicious activity and may temporarily suspend Your Account if it suspects any violation of these Terms or any other applicable laws by You. During such temporary suspension, the Company will not process any of Your Transactions and shall conduct an enquiry to assess the violations. If upon enquiry, the Company is of the view that You have violated the Terms or any other applicable law, it will permanently close Your Account and deny You access to the Platform permanently. The Company’s right to suspend or close Your Account as provided in this clause is in addition to the “Suspension and Termination” clause provided below. In the event of the aforesaid suspension or closure, the Company shall provide to the regulatory or law enforcement authorities, such information about Your Account or Your Transactions or any other information, as may be required under applicable laws.
- You agree and acknowledge that the Company will not be liable to refund/return any amounts to You or Your overseas merchant. If You require a refund in such instances, You shall reach out to the overseas merchant transacting with You and resolve the same without any involvement of the Company.
- Intellectual Property Rights
- The Platform and the processes, and their selection and arrangement, including but not limited to, all text, reports generated, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) and any information or materials uploaded by the Users (collectively, the “Content”) on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without Our prior written permission. If You would like to request permission in respect of any particular Content, You can contact Us in the manner provided for herein.
- The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or the third party that may own the Marks.
- Disclaimers and Warranties
- You expressly understand and agree that, to the maximum extent permitted by applicable law that:
- the Platform and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; and (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms.
- The Company merely facilitates the receipt of payments by You with respect to Your Transactions, You agree and acknowledge that (i) the Company is not a party to the Transactions; (ii) the Company is not a payment system provider; and (iii) the Company will not be a party to the Transaction between You and the overseas importer and will neither be responsible for, nor be a party to any disputes arising from the Transaction.
- The content of the invoice uploaded by You on the Platform for the purpose of availing Services shall be solely Your responsibility. In no circumstance shall the Company be liable for any errors or omissions in the invoice uploaded by You and for any subsequent effect such errors or omissions may have on Your Transactions on the Platform.
- You agree and acknowledge that the Company shall have no responsibility to ensure that the Transactions undertaken on the Platform are compliant with the applicable tax laws. You explicitly agree that it shall be Your responsibility to ensure that all Transactions undertaken by You shall be compliant with all applicable tax laws including but not limited to making appropriate filings etc. for the Transactions undertaken by You.
- You agree and acknowledge that the Company shall have no responsibility to ensure that You are in compliance with applicable laws. You further represent and warrant to the Company that business undertaken by You is in compliance with all applicable laws, including but not limited to any sector / state specific laws applicable to your business.
- Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user Content.
- Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without your knowledge.
- Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
- These Terms are intended for Users within the territory of India and govern Your rights as per applicable law within the territory of India. However, in the event You fall under a jurisdiction outside the purview of Indian law, We will not be liable for any claim, action and/or right initiated/exercised by You as per the extant laws of that jurisdiction. Therefore, We request You to kindly use the Platform accordingly.
- Indemnification and Limitation of Liabilities
- In no event shall the Company and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.
- The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
- Violation of the Terms
- You agree that that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company 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 the Company may have at law or in equity.
- Suspension and Termination
- The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
- If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to You and the Company shall have no liability to You or any third party for doing so. However, Your Transaction details may be preserved by the Company for purposes of tax or regulatory compliance.
- You shall be liable to pay any fees or charges as may be applicable in respect of the Services until the date of termination by either party whatsoever.
- Upon closure of Your Account pursuant to this clause 9 or 3.6 or 4.8, the Company shall remit the proceeds of Your Transactions into Your Linked Bank Account unless required otherwise by applicable laws or by any law enforcement or regulatory body and thereafter deny providing any Services to You.rat
- Governing Law and Jurisdiction
- These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bangalore, Karnataka, India.
- Report Abuse
- In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: firstname.lastname@example.org.
- You hereby expressly agree to receive communications by way of calls (including using pre-recorded messages or artificial voice), SMS, emails and/or WhatsApp from the Company and other third parties duly authorized by the Company. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to Us are Your own and are true, accurate, current and complete. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address(es). You can unsubscribe or opt-out from receiving communications through calls, SMS, e-mail, and WhatsApp anytime by writing to Us email@example.com. In which case, the Company will only send You communications solely required for the purposes of the Services provided through the Platform.
- Grievance Redressal Mechanism
- Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, You can contact the designated Grievance Officer of the Company, namely, Rishabh Sanghi, at firstname.lastname@example.org.
- By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You.
- General Provisions
- Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform.
- Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.
- IP Infringement
- If You believe the Platform violates Your intellectual property, You must promptly notify Company in writing at email@example.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
- the intellectual property that You believe is being infringed;
- the item that You think is infringing and include sufficient information about where the material is located on the Platform;
- a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
- Your contact details, such as Your address, telephone number, and/or email;
- a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- Your physical or electronic signature.