Definitions

Unless indicated otherwise, the capitalized terms have the meanings given below:

• “Applicable Law(s)” means all applicable statutes, enactments, acts of legislatures or the India Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court and applicable international treaties and regulations, in force at the relevant time in India.
• “Min-KYC Wallet” is the Wallet issued to you after you provide us ‘minimum details’ about yourself, these are: your name, mobile number verified with One Time Pin (“OTP”) and the unique identification number given on any of your ‘officially valid documents’ (“OVD”) (or in the limited case of Min-KYC Wallet, in place of OVD, you may provide the unique identity/identification number of any ‘mandatory document’ as defined in RBI Regulations). The types of OVD we accept are given on the Platform and are in line with Applicable Law.
• “Full KYC Wallet” is the Wallet issued to you after completing your full KYC according to the relevant RBI Regulations.
• “KYC” stands for ‘Know Your Customer’ and is a process prescribed under Applicable Law. PPI will collect and authenticate your personal identification details to undertake KYC according to Applicable Law and RBI Regulations, before it issues you a Wallet (wherever needed) and offers you related Services. 
• “PPI Master Directions” is the Master Direction issued by RBI on the ‘Issuance and Operation of Prepaid Payment Instruments’ on 11 October 2017, as amended from time to time. 
• “Wallet Account” is the account associated with the Wallet issued to you by the Bank.
• “Person-to-Merchant Transfer” is a facility allowing you to transfer funds from your Wallet to any merchant (who accepts payments from the Wallet for purchase of its goods and services).
• “RBI” is the Reserve Bank of India.
• “RBI Regulations” are the rules, regulations, guidelines, directions, circulars, notifications or instructions issued and updated by the RBI from time to time.

Acceptance of Terms

• Acceptance: By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. We may also monitor or use certain technologies to monitor your activities including your IP address to verify your geographical location.
• Compliance with Applicable Laws: You must ensure that your use of the Platform and the Services complies with Applicable Laws.
• “Full KYC Wallet” is the Wallet issued to you after completing your full KYC according to the relevant RBI Regulations.
• Legal responsibility on behalf of minors: We understand the importance of financial education and want individuals to start their journey to financial literacy under the supervision of their parents/guardians from a young age. But, users below the age of 18 years (“Minor(s)”) can use the Platform only with the permission and under the supervision of their parent or legally appointed guardian (“Parent”). As the Parent you must agree to and accept these Terms and the Privacy Policy on behalf of the Minor(s). Minors cannot, therefore, use the Platform unless their Parent agrees to and accepts these Terms and the Privacy Policy on their behalf. If you agree to these Terms and the Privacy Policy on behalf of a Minor(s), you represent to us that you are their Parent. As a Parent, you agree to take full financial and legal responsibility for the acts and omissions of the Minor(s). A Minor’s use of the Services and interaction with the Platform must be supervised by the Parent. As a Parent you must take full responsibility for a Minor(s) actions while using the Services and any interaction with the Platform, such as – setting up and using the NeoFinity Account or Wallet Account, creating and adding members to a Family (defined below). This is a crucial obligation, so we advise you not to add individuals to your Family who you do not know or want to take responsibility for.
• Inquiries as to Minors: By taking responsibility for a Minor, you authorize us to make inquiries (if we choose to do so), either directly or through third parties to validate the information provided about the Minor or your relationship with the Minor. This could include information to verify your relationship as a Parent to the Minor(s). If we are unable to verify the information that you provide, we may: (i) refuse to establish a NeoFinity Account (defined below) and, or, Wallet Account for the Minor; (ii) close the NeoFinity Account and/or, Wallet Account of a Minor; (iii) close the Parent’s NeoFinity Account and/or, Wallet Account; and/or (iv) terminate our Services or portion(s) thereof. 

Services

• NeoFinity Account: Before you can apply to open a Wallet Account, you must create a profile with NeoFinity through the Platform (“NeoFinity Account”). Once you have successfully opened a NeoFinity Account, you can use the Platform and apply to open a Wallet Account. To create a NeoFinity Account, you must provide us your phone number (which we will authenticate with a one-time password). You must also permit NeoFinity to access to your SMS, contacts, location data, installed applications, and such other device data that NeoFinity may require (from time to time) to provide you the Services. At the time of creating the NeoFinity Account or any time after that (while you are using the Services) NeoFinity may also ask you to provide details about yourself which include without limitation:
  1. your name
  2. email address
• Collectively this information (that you provide to NeoFinity) is referred to as “NeoFinity Account Data”. The types of data that come under the category of NeoFinity Account Data have been described in greater detail in the Privacy Policy and are incorporated here by reference. Use of the NeoFinity Account Data will be governed by the Privacy Policy and these Terms.
• You must add such information and documents requested in the manner prompted on the Platform. If you revoke any permissions on the Platform, we may restrict or deny your use of the Platform (or any of its features) to the effect that such information or documentation is necessary to provide you the Services. 
• If we believe that the information you provide to us is unreliable or incorrect, then, we may (at our discretion) disallow you from opening a NeoFinity Account or Wallet Account. If we discover any deficiency in the information provided by you on a later date, we may terminate your NeoFinity Account and your Wallet Account. Please note that we may (from time to time) ask you to provide us information about yourself to allow you to continue using the Platform and its Services.
• KYC requirement: As per RBI Regulations, the Bank can issue you a Wallet only if you comply with the KYC requirements or provide us with the ‘minimum details’ about yourself. Whether you can use all or some of the Wallet’s features depends on whether you have provided minimum details (about yourself) or if you have completed full KYC on the Platform. Don’t worry! We will hand hold you through this once you start using the Platform.
• You can also share your transactions on the Platform with all your friends. 
• What is a Card: We may offer you a virtual card linked to your Wallet on the Platform (“Virtual Card”) and give you the option to request for a physical card (associated to your Wallet) (“Physical Card”). You may use these to make payments at merchants online or offline stores; this of course depends on the type of Wallet you have been issued (more on this below). You may disable these cards at any time, through the Platform. You may use your Virtual Card or Physical Card to spend from your personal Wallet within these prescribed limits. You cannot sell or transfer the Physical Card. We may cancel, repossess, or revoke your Physical Card (at any time without prior notice) subject to Applicable Law. We may also refuse to process any transaction which we believe may violate these Terms.

User’s relationship with PPI

• NeoFinity Account: Who issues the products: PPI will issue the Wallet to you (if you successfully complete the KYC process/minimum details requirement and any other requirements that we may prescribe from time to time). Remember, the Wallet is not issued by NeoFinity. It is issued by PPI. NeoFinity provides and maintains the Platform which acts as an interface through which you can access your Wallet Account.
• Who holds your funds: NeoFinity does not hold your funds either. PPI maintains the Wallets which hold your funds, and against which all payments and transfers are settled. So funds in your Wallet are solely held by PPI. Ergo, when you send funds, receive funds, or make payments to merchants, PPI debits or credits your account based on the instructions you send through the Platform. 
• You must add such information and documents requested in the manner prompted on the Platform. If you revoke any permissions on the Platform, we may restrict or deny your use of the Platform (or any of its features) to the effect that such information or documentation is necessary to provide you the Services. 

To know more about our PPI Partner Transcorp, visit https://transcorpint.com/ppi-policies-and-tc

Features of the Wallets issued to you

We may offer you any or all of these types of Wallets (through the Platform):

• Min-KYC semi-closed Wallet
• Full KYC semi-closed Wallet

The features of each of these Wallets are described below. These features are subject to and may change based on changes in Applicable Law.

Min-KYC Wallet:

• Your Min-KYC Wallet will be reloadable. However, loading and reloading can only be done from UPI, debit or a credit card.
• You will not be able to load more than INR 10,000 per month and INR 1,20,000 per financial year to a Min-KYC Wallet.
• The amount outstanding at any point of time in your Min-KYC Wallet cannot exceed INR 10,000.
• You will be able to use the Min-KYC Wallet only for Person-to-Merchant transfers, i.e. to purchase goods and services.
• Any transfer of funds from the Min-KYC Wallet to bank accounts and other wallets of PPI and/or any other PPI issuer is not permitted.

Full KYC semi-closed Wallet:

• This type of Wallet will be issued to you only after you successfully complete your full KYC.
• This Wallet will be reloadable in nature.
• The amount outstanding in your Wallet cannot exceed INR 1,00,000 at any point of time.
• While there are no separate limits on the purchase of goods and services using your Full KYC semi-closed Wallet, we may decide to set limits to such expenditure within the overall limit prescribed under Applicable Law. These limits will be communicated to you within the Platform.
• You can set limits on Person-to-Merchant Transfers (within the limits we specify). 
• You can close the Full KYC semi-closed Wallet at any time by making a request to us through the app or website. The outstanding balance at the time of closure will be transferred to your requested bank account within 15 working days. We are entitled to call for the relevant information/documents pertaining to your bank account and/or Wallet to verify the closure of the Full KYC semi-closed Wallet.
• KYC documents may be required from you by PPI at the time of registration and/or at a later date and/or from time to time, for availing and/or continuation of the Wallet. The form and process of KYC may change as per changes in Applicable Law. 
• You represent to us that you have not opened any other account using this method and that you will not do so in the future either. 
• A Wallet opened through this method will be valid only for a period of 1 year. Within this period, you will have to undergo the KYC process through Aadhaar biometric based KYC or any other method made available by us. If you do not undertake the KYC process as required, your Wallet will be closed.

Miscellaneous:

• No interest will be payable to you on the balance reflected in the Wallet.
• Wallets are not transferable.
• The amount outstanding in your Wallet cannot exceed INR 1,00,000 at any point of time.
• We can suspend/discontinue the Wallets issued to you at any time, for any cause, including but not limited, to the following:
  • For any suspected violation of RBI Regulations/Applicable Law;
  • For any violation of these Terms or the Privacy Policy;
  • For any suspected discrepancy in the particulars provided by you, information provided by you to do KYC, or documentation or NeoFinity Account Data provided by you;
  • To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;
  • On account of technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
  • On account of any transmission deficiencies;
  • If the mobile connection with which your Wallet is related is unoperational; and
  • If we believe, that cessation/suspension is necessary for any other legitimate purpose. 

Cardholder Consent for Min KYC & Full KYC

That all the particulars and information given in this Application Form (and all documents referred or provided therewith) are true, correct, complete and up to date in all respects and I have not withheld any information. I hereby give my consent to use all information provided by me for the purpose of issuing the Transcorp PPI card

I hereby authorize Transcorp and its agent/partner to conduct Video KYC for the purposes of issuance of Transcorp PPI. I undertake to provide further information and documents that may be required by them and follow all the terms and conditions which are applicable on issuance and usage of PPI . I understand my KYC status may be downgraded in case my record is invalid or breaches to meet the AML/CFT rating guidelines.

Wallet charges & validity

• Any amount in your Wallet that is utilized towards making payments for any transaction is automatically debited from your Wallet. Our responsibility is limited to debiting your Wallet and paying any merchant that you transact with. We do not endorse, promote, champion or warrant any goods or services that you buy using the Wallet.
• We have the right to levy charges on any amounts loaded to the Wallet or any amounts spent/ transferred by you while using your Wallet. We will let you know what these charges are through the Platform.
• We reserve the right to set off any balance in the Wallet against amounts due for transactions processed as per your request.

Wallet expiry and balance forfeiture

• Wallets with no financial transactions for a consecutive period of one year will be made inactive by us, after notifying you. We may re-activate such Wallet after validation and applicable due diligence. But apart from this, at present, we do not cause Wallets to expire or forfeit the balance amount in these Wallets.
• We reserve the right to introduce a policy for Wallet expiration and balance forfeiture in the future (in line with Applicable Law). If we do so, we will notify you prior to such expiration, if mandated by Applicable Law. 

Refunds

• Refunds in case of failed/ returned/ rejected/ cancelled transactions will be applied to your Wallet, to the extent that the payment was made initially by a debit to the Wallet, even if such refund results in exceeding the limit prescribed for that category of Wallet.
• If you wish to receive a refund on an amount that has been debited from your Wallet on some any other ground, please email us at support@neofinity.in and explain the circumstances and your reason for the request.
• If your request is valid, we will make reasonable efforts to honour the request and refund the amount in question to your Wallet subject to Applicable Laws. 
• Refund requests may not be entertained for transactions those are reversed/reverted if they’re processed due to some technical issue in our system or some suspicious activity found in a transaction.
• The amount paid for reserving the NeoZAP tag is non-refundable. Any such request will not be entertained. If your transaction fails, the deducted amount will be refunded and it should reflect within 24-48 hours.
• We will try to respond to your refund requests at the earliest. However, we will not be responsible for any delays which are outside our control or are due to third parties such as merchants who we rely on to process your refund requests. Please note that we do not undertake any liability for the processing of the refund requests.

Chargebacks

• You have a right to initiate a chargeback request in accordance with the Bank’s policy. Please note that NeoFinity does not have a role to play in the processing of chargeback requests and the same are processed solely by the Bank. 
• We reserve the right to review your account and transaction history pursuant to a chargeback request, in order to determine the veracity of a chargeback request, including determining the occurrence of any fraud. If we have any reason to believe that there has been a fraudulent activity on your Wallet, we reserve the right to terminate, block or suspend your Wallet with immediate effect. You shall have no claims against us in this regard.

Account Balances

• You must have money in your Wallet to be able to send or spend it. Unfortunately, if you don’t, we will have to stop that transaction from going through. You cannot have a negative balance in your Account or incur overdrafts either.

Unauthorized use of the Platform

• Tell us at once if you believe your Wallet Account or NeoFinity Account has been accessed without your permission. If you feel something of this sort has occurred, please email us at support@neofinity.in. We also have a chat feature within our Platform which you can use. The sooner you tell us about the breach, the better equipped we will be to avoid/minimise any loss. 

Fees

• We may charge a fee for providing our Services, which we will convey to you through the Platform, (including any periodic revisions). For instance, we may charge you a fee for availing features of your Wallet Account or using the Physical Card. Rest assured that we will let you know before charging you anything.

Termination

• We may terminate the Services we provide at any time, for any reason, and without advance notice. This means we can stop providing you with any Services, or impose new or additional limits without notifying you. However, we will always notify you when the law requires us to update you regarding any changes.

Privacy and data security

• Our Privacy Policy: The privacy of your information is important to us. Our Privacy Policy explains in detail how we manage your data when you use our Services. Please review this policy closely, because you must agree to the Privacy Policy before using our Services.
• Third Party Access: We and our third-party service providers may use your data, including your financial information, to improve our Services. We and our third-party service providers may use anonymous, aggregate financial information to perform analytical research, engage in performance tracking or benchmarking, or to publish, distribute, or license the aggregated, anonymous research data for any purpose.
• Despite our best efforts, you understand that transmissions on the internet cannot always be secure. You are responsible for safeguarding your mobile device, phone number, one-time passwords, log-in credentials and any other information used to access our Services. If you do not take necessary safeguards you will be responsible, within limits imposed by law, for any loss associated with the unauthorized use of your NeoFinity Account and Wallet Account.

KYC Verification

• Undertaking your KYC: You authorize us (and any third party appointed by us) to facilitate your KYC process as may be required from time to time. This may include asking you for the documentation required under law as well as additional information, or verifying your information against third party databases or other sources. If you refuse to complete the KYC requirements stipulated under law, we may need to deny or limit your use of the Services. The collection, verification, audit and maintenance of the correct and updated information about you is a continuous process, so we reserve the right at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
• Who shall undertake KYC: To undertake KYC verification (wherever applicable), you agree and acknowledge that we may engage a third party service provider.

Liability for failing to make transfers

• We will not be liable, for instance:ompliance with all relevant and applicable KYC requirements.
• if, through no fault of ours, your Wallet does not have sufficient funds for the transaction;
• if a computer system or PoS terminal was not working properly and you knew about the problem when you started the transaction; 
• if a merchant refuses to honour the payment made through the Wallet; 
• if circumstances beyond our control (including but not limited to fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken; 
• if you attempt to use a Physical Card that has not been properly activated; or
• if the Physical Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe the transaction is not authorized by you.

Third party disclosures 

• We may disclose the information you provide us to third parties:
• (i) where it is necessary or helpful for completing a transaction;
• (ii) in order to comply with any law or to comply with requirements of any government agency or court orders;
• (iii) to service providers who administer the Wallet or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; 
• (iv) in order to prevent, investigate or report possible illegal activity;
• (v) in order to issue authorizations for transactions; and
• (vi) as otherwise permitted by law. Please see our Privacy Policy for further details.
  • NeoFinity may (from time to time) allow third party service providers to offer their users the ability to log-in to their websites/mobile applications through the NeoFinity Account log-in credentials. Parents must ensure that they: (i) have permitted the use of the NeoFinity Account log-in credentials to access such third party websites/applications and; (ii) monitor the use of such third party services by Minors. NeoFinity does not endorse these third party websites and applications that allow you to sign in with NeoFinity Account log-in credentials, and takes no responsibility for them.

Indemnity

• You agree to indemnify, defend and hold harmless, us, our affiliates, officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to (i) your access to or use of the Platform and/or Services; (ii) your breach of these Terms and the Privacy Policy, (iii) your improper use of the Platform and/or Services; or (iv) your breach of any Applicable Laws or third-party rights.

Disclaimer of warranties

• We make reasonable efforts to make the Platform and/or Services available, but we make no representations or warranties regarding the same, including the time needed to complete transaction processing because this is dependent on many factors outside our control.
• NeoFinity through the Platform only helps you gain access to your Wallet. NeoFinity is not liable for any losses that may occur as a result of the acts or omissions of any other third party service providers. 
• The Platform and Services are provided on an “as is” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors. In no event shall we or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees or agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of a breach of the Terms by another user or arising out of the use of, or the reliance on, any of the Services or the Platform.

Limitation of liability

• You agree that access and use of the Services is at your own risk. Except as required by law, you agree that NeoFinity will not be liable for any harms arising out of your use of the Services, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses, even if we have advised you of the possibility of such harms.

Obligations and restrictions on you

• No scaling or jeopardizing our platform: You agree to not interfere with or use non-public areas of our Platform and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your NeoFinity Account. We may further report such actions to the appropriate law enforcement authorities and initiate legal action.
• No commercial usage: You shall use the Services only for your lawful and personal use. 
• No illegal usage: You shall not use the Platform or the Services for committing fraud, embezzlement, money laundering or for any other unlawful and/or illegal purposes.
• Duty to provide true information: The information you provide is used by us and the Bank to determine your eligibility and continuing use of your Wallet. It is critical that all information you provide to us is true, complete, not misleading and is regularly updated by you. If all or any part of this information is incorrect, incomplete or misleading, it would be a breach of these Terms and a violation of the law. We may approach appropriate authorities to initiate legal action against you. You must further ensure that you do not do anything that can make the information provided by you incorrect, incomplete or misleading at a later date. If you discover any information provided is incorrect, incomplete or misleading, then please write to our Grievance Officer (details given below) immediately.
• Duty to be responsible: Considering the nature of the Platform and Services provided, please ensure that you keep your mobile device safe. You are solely responsible for all activities that occur under your credentials on the Platform and for any amounts debited from or credited to your Wallet. You should keep your password safe and not disclose your NeoFinity Account details to any third party or share your NeoFinity Account with any third party. If you think someone has gained access to your NeoFinity Account or your Wallet Account without your permission, please contact our Grievance Officer immediately.
• Ensure compatibility and keep updated: You must ensure that you keep updating the Platform as and when we release new versions of it. Failure to do so may make you incapable of using the Platform and our Services.

Force majeure

• Without limiting the foregoing, under no circumstances shall we be held liable for any damage or loss due to a deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.

Intellectual property

• All of the content on the Platform, including, all images, illustrations, graphics, video clips, text, reports generated, trademarks, as well as the underlying code of the Platform (“Platform Content”), constitutes our intellectual property (of PPI or NeoFinity as the case may be).
• We give you a limited, non-transferrable, non-sub-licensable and revocable license to access the Platform, avail of the features of the Platform for your personal, lawful requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission.

Governing law & arbitration

• These Terms and any action related thereto will be governed by Applicable Law. Any disputes arising out of or related to these Terms and/or the Platform, or the Services (collectively, “Dispute”) shall be subject to the jurisdiction of the courts located at Delhi NCT. 
• Any and all Disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by NeoFinity. The seat and venue of arbitration shall be Delhi NCT. The award and decision of the arbitrator shall be final and binding on all parties. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

Opt-out request

• In case you do not want to continue using our Platform and the Services and want to deactivate your NeoFinity Account, and/or unsubscribe from the mailing lists, or you do not agree with any provision of these Terms and wish to opt out of receiving our Services, please contact us at support@neofinity.in. However, requests for deactivating a Family may only be accepted when communicated by the Parent of a Family.

Electronic communication

• By using our Platform, you consent to receiving communications from us electronically. We may communicate with you by email, push notifications (on the Platform) and SMS. You agree that all electronic agreements, notices, disclosures and other communications satisfy any requirements under Applicable Law and that such communications are in writing. Please let us know if the information you share with us (including your email address and other contact details) changes. Our emails to you will be sent to the email address you last provided us, that is, if you shared your email address with us through the Platform. We will assume that you have received the email once it is sent from the outbox of our email address.

Regulatory changes

• You understand and agree that we may have to modify the Services as well as the Platform on account of any regulatory changes. In such case, if you become incapable of using all or any part of the Platform or the Services, we shall not be liable to you in any manner. 

Third party content and advertisements

• We may, from time to time, display offers, services, products and advertisements from third parties on our Platform for your benefit. However, this does not mean we endorse these third parties or their products and services. If you accept any of the products or services of such third parties, such arrangement shall be solely between you and the third party. We will not be liable in any manner for such products or services of such third parties.

Customer support and grievance redressal

• In order to address any questions or grievances that you may have regarding the use of your NeoFinity Account, please contact our Grievance Officer: 

  Email address: support@neofinity.in, grievance@neofinity.in.app

• If however, you want to register a complaint in relation to your use of the Wallet Account, please refer to PPI’s Customer Policy. This policy captures the grievance redressal mechanism available to you in relation to your Wallet Account. It will tell you how to escalate your complaints and obtain a resolution. PPI will treat your complaints in a transparent and fair manner and in accordance with Applicable Law. 

General provisions

• Assignment: You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.
• Waiver: Unless otherwise stated expressly, any delay or failure in our exercising any rights/remedies arising out of these Terms and/or other policies available on the Platform, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.
• Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law & arbitration shall survive the efflux of time and the termination of these Terms.
• Severability: If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under Applicable Law.