Who are we?
We are Sagtech Technologies and Salons Private Limited (“Company”, “We” or “our”), the owner, author and publisher of www.zybasalons.com (“Website”) and Zyba Salons app available on the Google Playstore and IOS platform (“App”) which list and facilitate transactions in relation to salons, spas, health centers etc. (“Salons”) registered with Zyba Salons (the platform provided by the Website and the App is hereinafter collectively referred to as “Zyba or Zyba Platform”) which provides online and offline support services for the operation of salons, aggregator of salon services, spa services, yoga centres, salon training, as well as business and consumer end user interface, technological platform, digital business, online booking of services, mobile application, online and offline business support to business to increase operational efficiency, support training programs, advertise, promote or market the Salons and any other future services affiliated with the Zyba Platform of the aforesaid businesses the services provided by the Salons (“Salon Service(s)”). All visitors of the Zyba Platform are together termed as “you” or “Users”. The services rendered by Zyba Platform to the Users from time to time is hereinafter referred to as “Services”.
These Terms constitute a legally binding agreement between you and the Company. When you use the Zyba Platform or or avail any Service or purchase any product on the Zyba Platform, as and when applicable, you agree to be bound by the terms and conditions stated herein as may be amended by the Company from time to time.
As long as you comply with these Terms, you are granted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Zyba Platform .If you do not agree to be bound by (or cannot comply with) any of the Terms below, we urge you not to use the Zyba Platform or avail any Service or purchase any products listed therein. You hereby expressly represent and warrant that you will not avail any Service or purchase products if you do not understand, agree to become a party to, and abide by all of these Terms.
Why have these terms been published?
These terms constitute an electronic record under the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
What are your responsibilities while reviewing these terms?
Your continued use of the Zyba Platform following any changes will mean that you accept and agree to any revisions made by us to these Terms.
You hereby also agree and acknowledge to be bound by such references, rules and regulations, policies, terms & conditions on any subdomains, webpages or extensions of www.zybasalons.com which are hereby deemed to be incorporated in these Terms.
You further acknowledge that the sub-headings are only indicative of the nature of the content under them and are included for ease of reference; and that the entire Agreement applies to you at all times.
Are you eligible to transact on the Zyba Platform?
This Zyba Platform may only be used to transact by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872, including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Zyba Platform. A minor is not allowed to access or register as a User or purchase any products on the Zyba Platform and any such activity must be undertaken only under the supervision and with the consent of a parent or legal guardian.
As a minor under 18 (eighteen) years of age, if you wish to use or transact on the Zyba Platform, such use or transaction may be undertaken by your parents or a legal guardian. The Company may prescribe additional methods of verifying the consent of parents or legal guardians in case of usage by minors and the Users agree to be bound by the same. The Company reserves the right to terminate your membership and/or refuse to provide you with access to the Zyba Platform if it is brought to the Company’s notice or if it is discovered that you are under the age of 18 (eighteen) years and have accessed or used or transacted in this Platform without the supervision and consent of a parent or legal guardian.
How can you use and access the Zyba Platform?
You can use the Zyba Platform as a guest user or by voluntarily creating an account with us by filling and submitting details as requested by the Company on the Zyba Platform or logging in with your third party website user ID and password including that of www.facebook.com, websites owned by, Google Inc. or its subsidiaries, twitter or any other social media website or any other internet service as permitted by the Company (“Account”).
By creating an account with us you can become a member (“Member”) and become entitled to additional offers and benefits as a User. You understand that not all sections of the Zyba Platform, services and benefits may be accessible to and availed of by you while you remain a guest user.
You can use the Zyba Platform to avail Services or purchase products that are listed by us and avail of any rewards and membership benefits provided to you.
What are your responsibilities and obligations under these Terms?
Account and other Information: You will be responsible for maintaining the confidentiality and security of Account information and will be fully responsible for all activities that occur under your Account. Once you log in to the Zyba Platform with your mobile number and OTP, you will stay logged in the Zyba Platform for a period of 6 months, unless you exitlog out from 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 term. You may be held liable for losses incurred by the Company or any other User due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.
You agree that you shall, at all times, provide the Company with true, accurate and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has a reasonable ground to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Zyba Platform. You agree not to represent yourself as another person or User or login/ register using the identity of any other person.
You agree to provide correct and accurate financial information, such as credit/debit card details to any approved payment gateway or pre-paid payment instrument provider while availing such services through the Zyba Platform. You shall not use a credit/debit card or pre-paid payment instrument which is not lawfully owned by you without the permission of such owner. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.
Sufficient authority: If you represent and are registering as a business entity, by accepting the User Agreement you covenant that such entity shall have sufficient authority under applicable law to enter into the User Agreement and that you will have been duly authorized by the business entity to accept this User Agreement and bind such business entity to this User Agreement.
Payments on Zyba Platform: All payments made against the products/Services/Salon Services on the Zyba Platform by you shall be compulsorily in Indian Rupees unless otherwise permitted by the Company. The Zyba Platform does not facilitate any transaction with respect to any other form of currency with respect to the purchases made on it. For the purposes of buying any product listed on the Zyba Platform, you agree not to make payments in any manner other than as provided.
Zyba Platform security: You must not violate or attempt to violate the security of the Zyba Platform, including, without limitation, by (a) accessing data not intended for you or logging onto a server or an account, which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and "flooding," "spamming," "mail bombing" or "crashing."; (d) sending unsolicited emails, including promotions and/or advertising of products or service except that of the Company as provided by the Company; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and cooperation with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than using the search engine and search agents available on this site and other generally available third party web browsers (e.g., Microsoft Explorer, Google Chrome, Mozilla Firefox).
Prohibited activities: You agree not to engage in any of the prohibited activities mentioned below and agree to indemnify the Company for all losses caused as a result of your conduct or that of another using your Account in relation thereto. You agree and undertake not to use the Zyba Platform to host, display, upload, modify, publish, transmit, update or share any information or list any information or item:
that belongs to another person and to which you do not have any right;
which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever; or which unlawfully threatens or unlawfully harasses women including but not limited to facilitating or encouraging or resulting in "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
which harms minors in any way;
which infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or facilitates the sale of counterfeit or stolen items;
which violates any law for the time being in force;
which deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
which impersonates another person or uses an anonymous proxy;
which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
which 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 cognizable offence or prevents investigation of any offence or is insulting to any other nation;
which is false, inaccurate or misleading;
which directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item or Product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rules, regulations or guidelines for the time being in force;
which gives rise to a liability on part of the Zyba Platform or the Company or causes any hindrance (in whole or in part) with respect to the Services provided by the Company; and links directly or indirectly to or includes descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or sells or promotes or advertises items listed for sale on a web site other than the Company.
What are the terms for pricing and payments on the Zyba Platform?
The catalogue/rate card for Salon Services or product and the Company’s fee for rendering the Services, as applicable, is subject to change without notice. The price or fees is provided on the Zyba Platform on 'as is' basis. Due to technical or other reasons, including typographical errors, there may be errors in the price or fees which may be corrected by the Company. We have the right to refuse or cancel any orders placed for any Services or Salon Services or products listed at the incorrect price or fee, whether or not the order has been confirmed and your bank or credit card has been charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will immediately within 5 working days issue a credit order to your bank or credit card account in the amount of the charge. All listed prices or fees are exclusive of tax unless stated otherwise.
At present, no fees are charged by the Company to the Users.
The Company may from time to time contract with third party payment service providers such as cash on delivery or demand draft / pay order on delivery service providers or payment gateways such as Paytm, Razorpay etc or banks i.e. in order to an open nodal bank account under applicable Indian laws to facilitate electronic payments by Users on the Zyba Platform. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, providers of pre-paid instruments and mobile payment service providers. You specifically authorize the Company and third party service providers to collect, process, facilitate and remit payments electronically or through cash on delivery as the case may be.
You further understand, accept and agree that the payment facility provided on the Zyba Platform is neither a banking nor financial service provided by the Company and is merely an electronic, automated online electronic payment, collection and remittance facility made available to you for undertaking transactions on the Zyba Platform using banking infrastructure and credit card payment gateway networks.
The Company may have existing arrangements with its banks or payment gateways such as Paytm, Razorpay etc regarding limits on the number of transactions you can undertake in the course of a single transaction or may set limits of its own accord in general. The Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit specified by the Company from time to time.
You understand that a number of factors that are outside of the Company’s control (including without limitation, actions of an issuing bank, nodal bank and any credit / debit/ cash card service provider or bank or financial institution infrastructure or payment gateway facility provider or Reserve Bank of India authorised persons providing enabling support facilities for collection and remittance of payments where the transaction price is refunded) may delay the time within which the transaction price is collected by the Company or refunded through the payment gateway facility. The Company neither makes any representations or warranties regarding the amount of time needed to complete processing, and shall not be liable for any actual or consequential damages arising from any claim of delay.
For making payments while procuring the Services/ Salon Services or products on the Zyba Platform, the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for availing Services or buying the products on Zyba Platform. The Company disclaims any liability in this regard.
The Company reserves the right to refuse to process transactions by those with a prior history of questionable charges including without limitation breach of any agreements with the Company or breach/violation of any law or any charges imposed by an issuing bank or breach of any policy.
The Company may do such checks as it deems fit before approving the receipt of/Users commitment to pay for cash on delivery transactions for security or other reasons. As a result of such check if the Company is not satisfied with the creditability of you or genuineness of the transaction, it may cancel the purchase order and reject receipt of / Users commitment to pay transaction price.
The Company may delay notifying payment confirmation if it deems such payment to be suspicious. The Company may hold the transaction price and may remit transaction price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event you are engaged in any form of illegal activity.
The transaction amount paid by you will have to be paid to the Company in accordance with the rules and regulations prescribed by the Reserve Bank of India from time to time, including in accordance with the Payment and Settlement Systems Act, 2007 and in keeping with the agreements signed with any payment facility providers. Any return of credit shall also be subject to applicable law and you agree not to hold the Company liable for any delays caused by third party payment providers.
Auto-replenish: When you choose the Auto-Replenish option, you instruct and authorise the Company and its service providers to deduct a certain amount of money at regular intervals as approved by you towards availing Services or purchase of products. You agree to automatic deductions being made, in accordance with your instructions and specifications, from the bank account provided by you using the credit card or debit card details provided by you or any other details provided by you as required by the Company on the Zyba Platform for that purpose. You understand that you have no obligation to continue to use the Auto-Replenish function and can modify your instructions and specifications at any time prior to 24 (twenty four) hours of availing of services or purchasing any product. The Company may provide you with an option to pause the Auto-Replenish function and will not debit your account while such function has been paused by you.
What are the membership benefits of the Company? What is the Company rewards policy? How can you refer and earn or share and earn?
The Company may provide membership benefits to Users who register with us from time to time. These may include invitations to offer or invitations to participate in certain events and experiences curated by the Company or by third parties with whom the Company has arrangements. The Company may inform its Users of any membership programmes
What is the agreement between the Company and you in relation to intellectual property rights?
You acknowledge and agree that the Company and any of its licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Zyba Platform, and our websites, emails, mobile sites, applications, other products and/or services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. We reserve all rights that are not explicitly granted to you in under these Terms.
We have invested substantial time and effort into developing the Zyba Platform and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Zyba Platform. You agree that any infringement of these restrictions will cause us irreparable loss. The Company name and logos are trademarks and service marks of the Company (the “Zyba Trademarks”). Any other company, product, and service names and logos used and displayed via the Zyba Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms should be construed as granting, by implication or otherwise, any license or right to use any of Zyba Trademarks displayed on the Zyba Platform, without the Company’s prior written permission in each instance.
Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content or intellectual property that are owned by the Company or licensed to the Company for use and available on or through the Zyba Platform.
The technology underlying the Zyba Platform and the entire contents of the Zyba Platform including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is either the property of Company or is licensed for use of Company. You are prohibited by law from copying or using, without adequate permission, any copyright or other right in such work.
What are the disclaimers, limitations on liability and exclusions of warranties of the Company in relation to the Zyba Platform, products and Services under these Terms?
You expressly understand and agree that the Company, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, bodily harm including harm caused to skin, hair, other body parts etc, any sexual or other harassment claims, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
the use or the inability to use the Zyba Platform
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the Zyba Platform;
Salon Services obtained from the listed Salons;
any other matter relating to the Zyba Platform.
Your sole and exclusive remedy for any dispute regarding the Zyba Platform, with us or any of the persons detailed above shall be termination of your relationship with us. Without prejudice to (a) above and notwithstanding any other clauses of these Terms, in no event shall our entire liability to you in respect of any product or Service, whether direct or indirect, exceed the amount paid by you to purchase or avail the same.
You agree to avail Services, Salon Services and purchase products at your own risk and to not rely on the accuracy of the descriptions of Services, Salon Services or products for gauging their usefulness to you. The quality of any products, Services, Salon Services, information, or other material purchased or obtained by you through the Zyba Platform may not meet your expectations. If applicable, alterations to certain aspects of your order such as merchandise specification, size, colour, shape, units, weight etc. may be required, due to limitations caused by availability of product difference.
You expressly acknowledge and agree that use of the Zyba Platform to avail any Services, Salon Services or purchasing any products is entirely at your own risk and the website and any products or Services or Salon Services are offered on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose are expressly disclaimed to the fullest extent permitted by law.
The Company makes no warranties or representations about the accuracy or completeness of the Zyba Platform’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Zyba Platform, (iii) any unauthorized access to or use of our Servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption in or cessation of transmission to or from the Zyba Platform, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Zyba Platform by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Zyba Platform.
We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site.
The Company does not warrant that the price or fee provided by it for the product or Service or Salon Services is accurate, proper and valid.
You understand that any marketing or promotion or description of any Service, Salon Services or product by the Company is only representative. The Company Services, Salon Services and products are not intended for medical or medicinal purposes and you agree not to rely on any descriptions or representations made in relation to the Services, Salon Services or product for any medical or medicinal purposes.
You agree that no claims or action arising out of, or related to, the use of the Zyba Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
What indemnities are you agreeing to under the Terms?
The User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of the Zyba Platform, violation of this Agreement, or infringement of his/her/its Account, or of any intellectual property or the Services, Salon Services or products. The Company will notify the User promptly of any third party claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to indemnify the Company at his/her/its expense for defending such third party claims.
What are the rules regarding suspension and termination of your account with us?
You may terminate this Agreement by not accessing the Zyba Platform but no termination hereunder shall affect obligations incurred by you as a User or purchaser under this Agreement.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion, take such action as it deems fit including but not limited to cancellation of the transaction or payments made, limit User activity, immediately remove User information, forthwith temporarily/indefinitely suspend or terminate or block a User, and/or refuse to provide a User with access to the Zyba Platform or initiate any legal action as it may deem fit.
In the event you have breached any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated by reference or where the Company is unable to verify or authenticate any information provided by you; or the Company believes that your actions may cause legal liability to it, the Company may terminate your registration. Termination of your account may include: (i) removal of access to all offerings within the Zyba Platform or with respect to the services; (ii) disabling access to the account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any User content uploaded by you; and (iii) prohibiting further use of the Zyba Platform.
Additionally, the Company may have to, with or without notice, terminate your registration in the following events:
The Company is required to do so by law (for example, where the provision of the services to you become unlawful), or upon request by any law enforcement or other government agencies;
The provision of the products or Services to you by the Company is, in our opinion, no longer commercially viable;
The Company has elected to discontinue, with or without reason, access to the Zyba Platform, the services (or any part thereof); or
In the event the Company faces any unexpected technical issues or problems that prevent the Zyba Platform and / or services from working.
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. A User who has been suspended or blocked may not register or attempt to register with the Company or use the Zyba Platform in any manner whatsoever until such time that such User is reinstated by the Company its sole discretion.
Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by you to us and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
How can you communicate with us?
When you use the Zyba Platform to send emails or share other data, information or communication or when you communicate with the Company, you agree and understand that you are communicating with such persons through electronic records and you consent to receive communications via electronic records.
The Company may communicate with you by email or by notices on Zyba Platform or electronic records on the Zyba Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
You may communicate with the Company by sending an email to firstname.lastname@example.org [●]
If you have a grievance, whom should you approach?
In case of any grievance, objection or complaint on your part with respect to the Zyba Platform or other Users or any associated services, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use services, or violation of these terms or of your intellectual property you should promptly raise such grievance or complaint with the designated Grievance Officer and provide him with necessary information and/or documents.
The Company will make a best effort to resolve your grievance and will take adequate action consistent with this Agreement and applicable laws, including taking down any material which is objectionable or harmful for Users.
The name and contact details of the Grievance Officer is published on the Zyba Platform as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
Mr. Pranav Singh Aggarwal
Sagtech Technologies and Salons Private Limited, M-98 Greater Kailash Part II, New Delhi - 110048
Time: Mon to Sat 10AM – 6PM ([●])
How can you give us feedback?
You may use any feedback and review mechanism provided by the Company to communicate your fair opinion and facts in respect of the Zyba Platform or your experience whilst using the Product known to you from first-hand experience only. You shall not include any hearsay information, or information that results in maligning the Company, any other User or third party in your feedback.
What is your relationship with the Company under these Terms?
Which law governs these terms? What happens in the event of a dispute?
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at New Delhi shall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Zyba Platform.
Please read the following terms carefully:
The Company shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a User will survive the expiration or termination of this Agreement.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or 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 Agreement shall continue in full force and effect. The Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.