Terms and Conditions

Please read the following Terms & Conditions carefully before using this site. Your use of this site is expressly conditioned on your acceptance of the Terms and Conditions. By using this site, you signify that you unconditionally agree and accept to be legally bound by the Terms and Conditions.

If you are accessing our site, you will be deemed to have read, understood and agreed to these Terms and Conditions, the Privacy Policy, Intellectual Property Rights, Payment, Cancellation & Refund Policy, Shipping Policy, Affiliate Terms, Warranty & Representation, Terms for Promotions, Customer Account Usage Policy,Comments Policy, Prohibited Activities, Typographical Errors & Third Party Links, Indemnity and Governing Law & Jurisdiction.

www.tuyaa.in also reserve the right at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately, following the posting of such changes on this website. Your continued use of www.tuyaa.in means that you accept any new or modified terms and conditions that are maintained. We would thus encourage you to re-visit the Terms and conditions link at our site from time to time to stay abreast of any changes that are introduced.

www.tuyaa.in website is an Internet based content and e-commerce portal operated by M/s.Aaryan Groups. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms of Use, as may be posted on the Website from time to time. www.tuyaa.in at its sole discretion reserves the right not to accept a user from registering on the website without assigning any reason thereof.

Notwithstanding anything contained herein, www.tuyaa.in acts only as a booking agent/ intermediary/ middle man/ mediator/ platform to facilitate / integrate transactions between the purchasers/buyers and vendors/sellers through various platforms namely online web store, call centre, mail order catalogues, SMS, online mobile web store, online mobile apps, etc. for various vendors/ affiliates/ merchants/ manufacturers/ associates/ business partners and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by users for the products or if the vendors/ affiliates/ merchants/ manufacturers/ associates/ business partners is not able to service the order of the user for any reason or any misrepresentation of any sort by the vendors/ affiliates/ merchants/ manufacturers/ associates/ business partners. In no event shall M/s.Aaryan Groups, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.

www.tuyaa.in is associated with various vendors/ affiliates/ merchants/ manufacturers/ associates/ business partners for the supply and service of goods directly to the customers. www.tuyaa.in is a marketplace for the products with its vendors/ affiliates/ merchants/ manufacturers/ associates/ business partners. The after sales service and warranty for the products sold by our vendors/ affiliates/ merchants/ manufacturers/ associates/ business partners, as duly applicable, for the respective products, will be taken undertaken and handled by the respective vendors/ affiliates/ merchants/ manufacturers/ associates/ business partners or through their respective service centers.

Use of the www.tuyaa.in is available only to 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, un-discharged insolvents etc. are not eligible to use www.tuyaa.in. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the www.tuyaa.in and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of www.tuyaa.in or can use www.tuyaa.in as a Guest User. www.tuyaa.in reserves the right to terminate your registration and refuse to provide you with access to www.tuyaa.in if it is brought to www.tuyaa.in’s notice or if it is discovered that you are under the age of 18 years.If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions and you have the authority to bind that business entity to these Terms & Conditions.

If you do not agree with any of the above, please discontinue your use of site.

M/s.Aaryan Groups  reserves the right at its sole discretion to amend these Terms and Conditions from time to time, by posting any changes to the Terms and Conditions (available at www.tuyaa.in) with their new effective date. You understand and agree that your continued use of this Site after the date on which the Terms and Conditions changed constitutes your acceptance of such changes. M/s.Aaryan Groups reserves the right to terminate a User’s use of this Site at any time without notice and may do so for any breach of these Terms and Conditions or the instructions on this Site by User. By accessing the Site, you agree to comply with and observe all applicable laws, regulations and directives including without limitation the laws of India in connection with your access to, and use of, the Site. You agree not to make any false or fraudulent statements in your use of or to gain access to this Site.

Content

You acknowledge and agree that all content and services available on this Site are property of M/s.Aaryan Groups  and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in India and internationally. All rights not expressly granted herein are fully reserved by M/s.Aaryan Groups, its advertisers and licensors.

Restrictions

Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from M/s.Aaryan Groups is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that M/s.Aaryan Groups shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

You should not, in any way, damage, disable the access, overloading the site or sites owned by M/s.Aaryan Groups and it is strictly forbidden to interfere with the use and exploitation of the services offered by M/s.Aaryan Groups or by any other user. You are prohibited from using M/s.Aaryan Groups website in an attempt to abuse, exploit or circumvent the restrictions imposed by applicable laws, including, but not limited, to rules regarding the protection of intellectual property rights.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent. You should not use the website M/s.Aaryan Groups to perform actions that are contrary to the stipulations of M/s.Aaryan Groups. You are forbidden to advertise, promote other companies, MLM opportunities, direct sales or any other activity on M/s.Aaryan Groups website, contrary to the principles and standards approved by M/s.Aaryan Groups.

You must not:

(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) edit or otherwise modify any material on the website; or
(d) redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed for sponsoring activities.

The list below is to be understood as an example, non-prescriptive and restrictive. By using our website, services and / or products, you will not:

  • post content or items in an inappropriate category or areas on our sites and services;
  • violate any laws, third party rights or our policies, such as the Privacy Policy and all documents, terms, policies have been approved of M/s.Aaryan Groups ;
  • use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or products;
  • post false, inaccurate, misleading, defamatory, libellous content (including personal information that may be detrimental to other users or M/s.Aaryan Groups) or deceptive, fraudulent, invasive of another’s privacy, tortures, obscene, sexually explicit or graphic, or otherwise in violation of this Site’s rules or policies;
  • take any action or omission intended to destabilize M/s.Aaryan Groups  systems; I propose to rephrase like :(take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information of the site or using it for purposes unrelated to M/s.Aaryan Groups );
  • transfer your account and user "id" to another party without the explicit consent of M/s.Aaryan Groups ;
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes or any other activity that may directly or indirectly damage M/s.Aaryan Groups  and its sites;
  • distribute viruses, software viruses or any other technologies, or any other
  • computer code, files, or programs that may harm M/s.Aaryan Groups , or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party or the interests or property of M/s.Aaryan Groups  site users;
  • copy, modify or distribute rights or content from the M/s.Aaryan Groups  sites, service or tools or M/s.Aaryan Groups  copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their express consent;
  • use the service in a fraudulent manner;
  • advertise substances, services, products, or materials referring to particular groups, to the violation of laws or regulations, to the breach of the advertising conduct codes, or any other current normative disposals and enforceable;
  • use hateful, obscene, offensive, racist, defamatory, pornographic, paedophile, sexual, or violent language/words or that offends the religious, civil or moral believes of the other M/s.Aaryan Groups  customers/ visitors. It must respect the dignity in all its forms and expressions, and must avoid all forms of discrimination,  in any public area of M/s.Aaryan Groups ;
  • use material that infringes the intellectual property, any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party of M/s.Aaryan Groups  or the intellectual property or third parties;
  • use any type of action or omission, direct or indirect, that would disparage M/s.Aaryan Groups  or the other users;
  • publish representations that are likely to mislead other users or third parties, even by omission, ambiguity or exaggeration, which is not clearly identified as hyperbolical;.
  • harvest or collect information about the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party;
  • do Multi-level marketing, pyramid selling or ponzi schemes, matrix programs or other “get rich quick” schemes or high yield investment programs;
  • Goods or services that infringe the intellectual property rights of a third party.

You compromise to respect any rules or limitations established by the companies and the societies with which you make electronic payments. You agree that you are solely responsible to comply with these rules and prohibitions and exceptions You relieves the Company of any action or claim was advanced.

Security

You agree that if you are issued a Username and Password by M/s.Aaryan Groups, you shall use your best e orts to prevent access to this Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying M/s.Aaryan Groups immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.

Trade Marks

All trademarks, service marks and logos used in this Site are the property of M/s.Aaryan Groups  and/or the respective third party proprietors identified in this Site. No license or right is granted and your access and/or use of the services provided through this Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use nay trademarks, service marks or logos appearing on the Site.

Third Party Sites

You may be transferred to online merchants or websites owned, controlled or o offered by third parties through links or frames from this Site. Access to and the use of such websites is at your own risk and subject to the terms and conditions applicable to such access and/or use. These third party websites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive.

You acknowledge that M/s.Aaryan Groups is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. For the avoidance of doubt, the inclusion of such a link or frame to a third party website does not imply endorsement or recommendation of such third party website, or any product or service offered, or as verifying any information contained in any such third party website by M/s.Aaryan Groups. You agree that M/s.Aaryan Groups and its licensors have no liability whatsoever from such third party sites and your usage of them.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that M/s.Aaryan Groups shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

M/s.Aaryan Groups’ Control of Site

M/s.Aaryan Groups’ controls and maintains the Site from India and makes no representation that the material and information contained herein is appropriate or available for use in other locations/jurisdictions.

Personal Information/Data

Unless restricted by applicable law, you agree that any and all personal information/data relating to you collected by M/s.Aaryan Groups from the Site from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with the M/s.Aaryan Groups privacy policy.

Products

For the purposes of these Terms and Conditions, “Products” shall mean any and all goods and services advertised and/or promoted by M/s.Aaryan Groups on the Site, in accordance with these terms and conditions. Additional terms and conditions may apply to purchases of Products, their delivery and provision, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions. Where applicable, only orders for Products on the Site that are accepted by M/s.Aaryan Groups shall constitute a legal, valid and binding contract between yourself and M/s.Aaryan Groups. Although the Site is accessible worldwide, not all Products provided and/or made available on the Site are available to all persons or in all countries and jurisdictions. Any offer for any Product made on the Site is void where prohibited. It is your responsibility to verify that possession, promotion, distribution, circulation, importation or other dealing with Products offered by M/s.Aaryan Groups is permitted under the laws and regulations of the country where you intend to carry out the aforementioned activities. The possession, promotion, distribution, circulation, importation or other dealing with such Products that are available on the Site may be subject to the laws and regulations of some countries and jurisdictions. It is your responsibility to ensure that any such dealings with such Products is in compliance with all applicable laws and regulations of the relevant countries and jurisdictions where you intend to carry out the aforementioned activities, including such commercial, trade, import and export control, customs, licensing, intellectual property, taxation, revenue laws of such relevant countries and jurisdictions, and to observe all such laws and regulations.

Disclaimer

To the fullest extent permitted by law, M/s.Aaryan Groups disclaims all warranties and conditions, express or implied, including without limitation for any warranty or condition of title, non-infringement of third party rights, satisfactory quality, merchantability, fitness for any purpose, availability of this site at any particular time or location, correction of any defects or errors, freedom from computer virus other contaminants or other malicious, destructive or corrupting code, agent program or macros in conjunction with this site, its contents or the services provided, notwithstanding any other provision of these terms and conditions. the contents and information contained in this site are provided “as is” and “as available” without warranty of any kind. The company, advertisers and/or its licensors makes no representations or warranties that the contents or any information receive through this site are true, accurate, adequate, reliable, complete, reasonable or correctly our use of this site is solely at your risk and responsibility user agrees that it has relied on no warranties, representations or statements other than in these terms and conditions. M/s.Aaryan Groups makes no guarantee, endorsement, representation or warranty, term or condition of any kind, express or implied that the products advertised, provided and/or made available on the site are of good title, correspond with description, merchantable, of satisfactory fitness or quality for any general or particular purpose. M/s.Aaryan Groups is not under any obligation to provide any technical support or any other post-sale service. All products made available to you shall be the subject matter of a separate contract between yourself and M/s.Aaryan Groups.

Limitation of Liability

To the fullest extent permitted under law, M/s.Aaryan Groups or any of its employees, agents, contractors, advertisers and/or licensors shall not be liable for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, punitive, incidental, special, or consequential damages, loss of profits, loss of opportunity, loss of goodwill, loss of business) that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site. this limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company, has been advised of the possibility of such damage or such loss or damage was reasonably foreseeable.

Under no circumstances shall M/s.Aaryan Groups be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this Site and/or using the services provided through this Site even if M/s.Aaryan Groups had been advised as to the possibility.

Indemnification

You agree to defend, indemnify, and hold harmless M/s.Aaryan Groups, its Affiliates, subsidiaries, employees, agents, advertisers, licensors and contractors (collectively, “Indemnified Persons”) from and against any and all liabilities, claims, losses, costs and expenses (including legal costs on an indemnity basis), directly or indirectly arising out of, related to or in connection with your access and use of this Site, or any Products or information provided through this Site, any third party’s access and use of the services provided through this Site or your breach of any term of these Terms and Conditions. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights hereunder, in which event you shall cooperate with the Indemnified Person in asserting any available defences.

Legal Compliance

M/s.Aaryan Groups may suspend or terminate at its sole discretion the User’s use of this Site immediately upon receipt of any notice which alleges that User has used this Site for any purpose that violates any local, state, central or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, M/s.Aaryan Groups may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and M/s.Aaryan Groups shall not be liable for damages or results thereof and the User agrees not to bring any action or claim against Company for such disclosure. Choice of Law and Forum These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Further, any disputes relating to or in connection with these Terms and Conditions will be governed by the laws of India.

Limited Warranties

The www.tuyaa.in user admits and accepts, that M/s.Aaryan Groups does not assume any responsibility and obligation and does not provide any other guarantee other than those explicitly named in the present terms and conditions, remaining in all other cases excluded from responsibility for damage of any type caused by the www.tuyaa.in user. In the limits foreseen by the applicable laws and facts concerning the users rights, all features and services on the website of M/s.Aaryan Groups are offered by how much and when it is available, and as such M/s.Aaryan Groups  does not assume any responsibility regarding its use and availability, punctuality, or possible cancellation, without any other guarantee, explicit or implicit, including, for example, the guarantees relative to the quality, suitability to a determined purpose or regarding third party rights. M/s.Aaryan Groups does not provide any guarantee, explicit or implicit, including but not limited to, all guarantees of commercialization, suitability for a particular goal, ownership and does not violate the rights of others, in relation to the features and services on the website all and supply or limited supply of the support service.

Site Submission Rules

You agree to the Site Submission Rules found here as part of these Terms and Conditions if provided on the Site by M/s.Aaryan Groups. By submitting, posting, displaying on this Site or communicating to M/s.Aaryan Groups through this Site (collectively “Submissions”), you grant M/s.Aaryan Groups a perpetual, irrevocable, M/s.Aaryan Groups wide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Submissions. You confirm and warrant to M/s.Aaryan Groups that you shall have all the rights, power and authority necessary to grant the foregoing license. M/s.Aaryan Groups shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products.

You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party. By using features of this Site that allow you to post or otherwise transmit information to or through this Site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information that o or other information that violates even one of the precepts contained in this document.

You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent. This Site generally does not pre-screen, monitor, or edit the content posted by users of this Site. However, M/s.Aaryan Groups and its agents have the right, at their sole discretion, to remove any content that, in M/s.Aaryan Groups’ sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This Site is not liable for any failure, delay, damages or results, in removing such content.

You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these Rules and/or for any purpose that violates any local, state, central or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Site for such disclosure.

M/s.Aaryan Groups reserves the right to amend these Site Submission Rules from time to time, by posting any changes to these Rules (available at www.tuyaa.in) and their new e effective date. You understand and agree that your continued use of this Site after the date the Rules has changed constitutes your acceptance of such changes.

User Agreement (“Agreement”) Acceptance or Terms through Use

By using this site and/ or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. M/s.Aaryan Groups (the “Company”) reserves, in its sole discretion, the right to amend to upgrade or to complete this Agreement from time to time, by posting any changes to the Agreement (available at www.tuyaa.in) with their new effective date. You understand and agree that your continued use of this site after the date on which the Agreement has changed constitutes your acceptance of such changes. The Company will be able to communicate to you this changes on the through the channels of communication of the company too. You agree to leave the company free of any action or claim about these upgrades or amends. The Company, without giving prior notification, reserves the right at its sole discretion of adopting the necessary measures (by way of example, for any reason whatsoever including but not limited to the following, and not limited to the actions listed here, suspension, cancellation) if the unquestionable right causes agreed by the Company occur or any way for any breach of this Agreement or the instructions on this site by User.

The users acknowledge that under in any circumstances any action won’t be taken directly or indirectly against The Company for the adoption of the measures above named.

International data transfers Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy. Information which you provide may be transferred to countries which do not have data protection laws equivalent. In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. You expressly agree to such transfers of personal information.

License to Use this Site

Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.

International Users

Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.

Export

You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export or transmit anything on or received through this site in violation of local or foreign export laws and/or without all required and foreign government licenses or permits.

User's License Grant to site

You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by the Company. By submitting, posting, displaying on this site or communicating to the Company through this site (collectively “Submissions”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Submissions. You confirm and warrant to the Company that you shall have all the rights, power and authority necessary to grant the foregoing license. The Company shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

Miscellaneous

This Agreement constitutes the entire agreement and understanding between you and the Company in relation to its subject matter and supersedes and cancels in all respects all prior or contemporaneous (oral, written or electronic) agreements, representations, arrangements, understandings and undertakings between the parties with respect to the subject matter hereof and shall not be changed except by written agreement signed by an officer of the Company. The failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights ore remedies provided by If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. The User shall not assign, delegate or otherwise transfer any of its rights or obligations under this Agreement.