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Terms & Conditions

Terms and Condition
PENNYUP INVESTMENT PVT. LTD.,These Terms of Use including the Privacy Policy, and Risks (“Terms of Use”) govern the use of the website of pennyup platform[https://www.pennyinvest.com/]
THE SITE HOSTS AN INVESTMENT CROWDFUNDING PORTAL (“PORTAL”) OPERATED BY Pennyup Investment Pvt. Ltd.
THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS”) GOVERN YOUR USE OF THE SITE, SERVICES, AND APPLICATIONS OFFERED BY PENNYUP (THE “SERVICES”) AND HOSTED HEREON THAT RELATE TO THE PORTAL. THESE TERMS ARE LEGALLY BINDING WITH RESPECT TO ALL ACTIVITIES AND SERVICES RELATING TO THE PORTAL. SOME OF THESE TERMS SURVIVE YOUR USE OF THE SITE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE PORTAL AND THE RELATED SERVICES. YOUR USE OF THE PORTAL AND THE RELATED SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
YOU AGREE THAT PENNYUP MAY MAKE CHANGES TO THE TERMS AND SERVICES OFFERED ON THIS SITE AT ANY TIME.
By using the Portal, including by simply viewing it, you agree to these Terms. You agree the Terms are solely between you (and any person or entity you expressly represent to be acting as an agent for) and Pennyup. Failure to maintain compliance with the Terms may result in losing access to the Site, Portal and Services.
Visitors to the Site may view content on the Site, broadly defined as any text, graphics, other materials or information uploaded, downloaded or otherwise accessible through the Site (“Content”). Visitors to the Site may open an account as a “User” (a person who has an account on the Site that can neither accept nor make investments) or convert their User account to either an (i) “Issuer” account (for a private company offering securities on the Portal, an “Offering”), or (ii) “Investor” account (a person who has opened an account with the ability to make investments through the Portal).
An account type will have an User ID (“User ID”). The only people who are authorized to create accounts on the Portal are authorized representatives of Issuers and prospective-investors with a substantial background in investment, financial markets and early-stage business, who understand the relevant risks and legal terms and are willing to bear the consequences. Issuers should note that Offerings on the Site are generally viewable by the general public. Please see Section IV(a). Account Registration and Password Protection for further information regarding the use and safeguarding of your User ID and passwords.
Investment opportunities on the Portal are only intended for Investors who are sophisticated enough to protect their own interests, have reviewed the “how it works” and can tolerate risk of capital loss.
Information about us and the other platform
The Website www.pennyupinvest.com is owned and operated by Pennyup Investment Private Limited (“we/us/our”). We are incorporated under the Companies Act, 2013 under CIN #U65999DL2022PTC407986 having its registered office at B47, 2nd floor, sector 59, Noida, Uttar Pradesh, 201301 - India
Our platform brings early-stage ventures to display their business proposal & Ideas and run a fundraising campaign. We also Facilitates potential investors to invest in accordance to the affordability and risk taking capacity while investing in startups..
I. Use of the Services
By accessing the Site (by invitation or otherwise) or by communicating with Issuers, Investors and other Users, you agree to (i) ensure at all times that information about you or provided by you (i.e., your Content) is true, accurate, current, complete and not misleading; and (ii) promptly comply with Pennyup’s request for specific action(s) or additional Content. You are responsible for all activities that occur under your account. Pennyup may revoke your access to the Site and Services (including the Portal) at any time it determines that (a) you fail to fully comply with the foregoing obligations or with any provision of these Terms of Services, or (b) your action or inaction on the Site or in connection with the Services is inconsistent with Pennyup’s mission to ensure transparent, compliant and good faith activities on the Site, including the maintenance of high standards of commercial conduct and integrity in relations to Offerings.
II. General Obligations
When using our Site and Services, you are promising not to violate the Community Rules of Pennyup as described below. Aside from your Content, all information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by Pennyup or other Users. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials. Furthermore, with regard to the Offerings hosted by the Portal, you shall not use related Content for any purpose other than seeking capital or assessing a potential investment.
The Services may invite you to participate in discussion forums viewable by the general public, or participate in blogs, message boards, and other functionality and may provide you with the opportunity to create, submit, post, transmit, publish or distribute Content through the Services. Any Content you distribute through the Site or otherwise provide through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted or offered to the Company in connection with the use of the Services or otherwise, and any chat, blog, message board, online forum, text, email or other communication with the Company, is hereby licensed to the Company on a nonexclusive, worldwide, royalty-free, irrevocable, perpetual basis. In limited circumstances, Pennyup will accept submissions on a confidential basis (i.e., potential-Offering applications), these opportunities will be clearly marked as confidential, with any terms and conditions of such confidentiality included.
Furthermore, you cannot have any expectation that Pennyup evaluates, confirms, endorses, or otherwise stands behind any Content provided by any User, Investor, or Issuer. You may not treat any email or other information you receive as a result of your access to the Services as a representation of any kind by Pennyup on which you should rely. Pennyup is not qualified to provide legal, accounting, tax, or investment advice, and no information provided to you by Pennyup, its staff or its affiliates, can be so construed.
By using our Site and our Services, you agree and acknowledge in each instance that Pennyup is not an agent or otherwise a responsible entity for any matter whatsoever with respect to any investment between an Investor and an Issuer. Pennyup shall not be held liable to any party for any costs or damages arising out of or related to such transaction. Unless otherwise required by law, Pennyup retains sole discretion to reject or accept any application from any Issuer or Investor to participate on the Portal, for any reason or no reason at all.
III. Users’ Obligations to Act Responsibly
a. Promises made by each User:
1. You are making the following promises:
1. Requirements to Use the Site and Services

  • That you have the right, authority, and capacity to agree to the Terms on your own behalf and on behalf on any entity for whom you are acting for and to abide by all of the terms contained herein, and that if any aspect of your participation in Pennyup violates provisions of the law to which you or an entity you are acting for are subject, you (and, if applicable, such entity) will immediately cease using the Services and close your account;

  • That you are at least 18 years old;

  • That you shall not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason;

  • That you shall not use a name that is subject to any rights of a person other than yourself without appropriate authorization;

  • That you shall not make multiple accounts of the same type using the Services;

  • That you shall be solely responsible for maintaining the confidentiality of your password;

  • That you will update your registration information with the Company, as needed, so that it remains true, correct and complete; and

  • That you will conduct yourself in a professional manner in all your interactions with Pennyup and with every User of the Site or Services.

2. Requirements Related to Issuers’ Content on Pennyup Portal

  • That you will only provide Pennyup with Content that you have a right to provide to Pennyup and to allow Pennyup to display through the Services;

  • That you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display by Pennyup, and that you understand that any other Content you find on or through Pennyup is the sole responsibility of the person who provided such Content;

  • That you understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability, and that Pennyup will not be responsible or liable for any use of your Content by Pennyup in accordance with the Terms;

  • That you understand that any false, incomplete or misleading information you post about an Issuer or an Offering may result in serious civil and criminal liability for yourself and/or the Issuer;

  • That you will be solely responsible for complying with applicable law regarding any Offering you participate in or interact with;

  • That you will obtain such professional advice as is appropriate to protect your interests, including legal, accounting, tax and other advice;

3. Requirements Related to Investors on Pennyup Portal.

  • That you are not relying on Pennyup to, and that you understand that we do not, endorse, support, represent or guarantee the completeness; truthfulness, accuracy or reliability of any Content or communications posted via the Services;

  • That you understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against Pennyup for any such material;

  • That you understand that the Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or other information, and you have no claim against Pennyup for the placement of advertising or similar content on the Services or in connection with the display of any Content or other information from the Services;

  • That you will use your own judgment, conduct your own due diligence and seek any legal, financial, tax, accounting and other professional advice that may be appropriate before making any decision to invest;

  • That you can tolerate the risk of losing any amount you invest through the Portal; and

  • That you have reviewed and understand the risks and terms of any investment you commit to make through the Site.

b. Community Rules
As required of all users of the Site, you will not, in connection with the Services or while engaging with the Pennyup community:
4. Defame, libel, disparage, threaten, harass or intimidate anyone, including by the use of offensive comments related to race, national origin, gender, religion, sexual preference or physical or mental condition;
5. Use any profane, obscene, pornographic or otherwise objectionable content or language;
6. Promote or describe how to perform violence, illegal drug or substance abuse, or any other illegal activity;
7. Violate the personal, privacy, contractual, intellectual property or other rights of any person;
8. Reveal, with respect to personal or privacy rights, any personal information about another individual, including an address, phone number, email address, credit card number or other information that could be used to track, contact or impersonate that individual;
9. Violate the Terms or any local, state, federal or non-U.S. law, rule or regulation;
10. Trick, defraud, deceive or mislead the Company or other users of the Services, such as by submitting false reports of abuse or misconduct to the Company’s support services, disguising the source of materials or other information you submit to the Services or using tools which anonymize your Internet protocol address to access the Services;
11. Interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Services of other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
12. Disparage, tarnish or otherwise harm, in the Company’s opinion, the Company and/or the Services;
13. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as viruses, worms, Trojan horses, spyware, adware or any other malicious or invasive code or program;
14. Reverse engineer, decompile, reverse assemble, modify or attempt to discover or copy any software, source code or structure that the Services utilize to generate web pages or any software or other products or processes accessible through the Services;
15. Access or search (or attempt to access or search) the Services by any means, such as any automated system or unauthorized script or software, other than currently available, published interfaces provided by Pennyup, unless you have been specifically allowed to do so in a separate agreement with Pennyup (note crawling the Services is permissible in accordance with the Terms, but scraping the Services is expressly prohibited without the prior consent of Pennyup);
16. Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Services or any website on which the Services are offered or on a Third-Party website and/or Company software on which Company code is embeddable or embedded on;
17. Remove, obscure or change any notice, banner, advertisement or other branding on the Services;
18. Submit any Content or material that falsely expresses or implies that such Content or material is sponsored or endorsed by the Company, a regulator, or any other third party;
19. Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, such as probing or scanning the vulnerability of any system, network or breach;
20. Sell access to the Services or any part thereof other than through a mechanism expressly approved by the Company in writing addressed to you exclusively;
21. Claim any ownership right in any material, software or other intellectual property displayed on, published by or otherwise available through Pennyup, other than Content, software or intellectual property owned by you, without regard for its appearance on Pennyup;
22. Copy or distribute Content except as specifically allowed in the Terms;
23. Use any Content, or other information acquired from any user, or otherwise through your use of the Services, for commercial or investment activity outside of the Services, without prior written approval from the Company;
24. Claim any right to access, view or alter any source code or object code of Pennyup;
25. Use Pennyup to market services not authorized by Pennyup; or
26. Market competing services to people identified through Pennyup.
Miscellaneous Terms
a. Account Registration
Prior to gaining access to certain Services on the Site, Pennyup will require you to set up a User ID and password (the “Password(s)”) as set forth in the account registration procedures posted on the Site. Your User ID must be a name you have the right to use. You agree to comply with the procedures specified by Pennyup from time to time regarding obtaining and updating Passwords for your User ID. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by Pennyup at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any Third-Party from obtaining your Passwords, and you shall inform Pennyup immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
In order to make investment commitments, you will be required to have a valid payment method associated with your account. If you have multiple payment methods associated with your account, you will be required to select the payment method you would like to use for each investment commitment made through your account. You are responsible for all charges to the payment method you select when making an investment commitment and disclaim all rights to seek reimbursement for overdraft fees or any other charges you may incur by changing your payment method after an investment commitment has been made.
b. Third-Party Content
Third-parties may provide certain information and content to Pennyup (“Third-Party Content”). The Third-Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third-parties. Please contact the appropriate Third-Party for further information regarding such terms.
This Site may provide links to other websites or resources over which Pennyup does not have control (“External Websites”). Such links do not constitute an endorsement by Pennyup of those External Websites. You acknowledge that Pennyup is providing these links to you only as a convenience, and further agree that Pennyup is not responsible for the content of such External Websites. If you decide to leave Pennyup and access the External Websites or to use or install any External Website applications, software or content, you do so at your own risk and you should be aware that Pennyup terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Pennyup or relating to any applications you use or install from the site. Your use of External Websites is subject to the terms of use and privacy policies located on the linked to External Websites.
c. Privacy Policy
Your use of the Site is governed by the Pennyup Investment Private Limited Policy that is available at https://pennyupinvestment.com/privacy (the “Privacy Policy”).
d. Amendments to the Terms
We may amend the Terms at any time in our sole discretion, effective upon posting the amended Terms at the domain of www.pennyupinvest.com where the prior version of the Terms was posted, or by communicating these changes through any written contact method we have established with you. Your use of the Services following the date on which such amended Terms are published will constitute consent to the Terms.
f. Governing Law/Arbitration/Waiver of Injunctive Relief
Governing Law: The Terms of Use shall be governed by and construed in all respects in accordance with the laws of India and subject to Clause 11.3 below, the courts of Gautam Budh Nagar. Uttar Pradesh
Informal Dispute Resolution: The Parties agree to attempt to resolve all disputes arising hereunder, promptly and in good faith and in this regard, each Party shall each designate in writing to the other Party, a representative who shall be authorized to negotiate and resolve on its behalf any dispute arising under these Terms of Use. If the designated representatives of each of the Parties are unable to resolve a dispute under the Terms of Use within 30 (thirty) days after notice of such dispute shall have been given by either of the Parties to the other, then either Party may require that such dispute be determined and resolved by arbitration.
Arbitration: Subject to Clause 11.2, any dispute or claim under the Terms of Use shall be referred to and finally and exclusively resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be held at Gautam Budh Nagar and all proceedings in any such arbitration shall be conducted in English. There shall be 3 (three) arbitrators (“Arbitrators”), all of whom shall be fluent in English. Within thirty 30 (thirty) Days of the reference of the dispute to arbitration, the Party raising the dispute and making the reference to arbitration shall appoint one Arbitrator and the other Party shall appoint the other Arbitrator. The third Arbitrator shall be appointed by the 2 (two) appointed Arbitrators. The arbitral award shall be final and binding upon the parties. The Parties shall equally bear the costs and expenses for the conduct of the arbitration proceedings, however; each Party shall bear their own legal expenses.
g. Waiver/Severability
The failure of the Company to require or enforce strict performance by you of any provision of the Terms or to exercise any right thereunder shall not be construed as a waiver or relinquishment of the Company's right to assert or rely upon any such provision or right in that or any other instance. In fact, the Company may choose to enforce certain portions of the Terms more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with the Terms as so interpreted.
You and the Company agree that if any portion of the Terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
h. Statute of Limitations.
You and the Company both agree that regardless of any statute or law to the contrary but only to the extent permissible by law in each relevant jurisdiction, any claim or cause of action arising out of or related to use of the Services, these Terms or our Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
i. No Third-Party Beneficiaries.
This agreement is between you and the Company. No User has any rights to force the Company to enforce any rights it may have against any you or any other user, except to the extent that Issuers may enforce their own intellectual property rights related to Content offered through the Services.
k. Indemnification
You agree to defend, indemnify and hold harmless Pennyup and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.
l. Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR THE SERVICES ARE BEING PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF THE CONTENT. YOU ACKNOWLEDGE THAT THE CONTENT HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY PENNYUP, AND AGREE THAT PENNYUP DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE CONTENT AND FURTHER AGREE THAT PENNYUP HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, WHETHER PROVIDED BY PENNYUP OR ITS LICENSORS. PENNYUP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE’S UP TIME NOR THE USABILITY OR ACCESSBILITY OF THE SITE BY USERS, INVESTORS, ISSUERS OR VISITORS OF THE SITE.
PENNYP, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT AND ANY THIRD-PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN 'AS IS' BASIS AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. PENNYUP PROVIDES THE SERVICES 'AS-IS' WITHOUT ANY WARRANTY OF ANY KIND.
WE MAKE NO REPRESENTATION THAT THE CONTENT ON THIS SITE CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THIS SITE FROM A LOCATION OUTSIDE INDIA, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
m. Limitation of Liability
IN THE CASE OF NEGLIGENCE, NEITHER PENNYUP, NOR ANY OF ITS AFFILIATES, NOR ANY PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, THIRD-PARTY PROVIDERS, OR CONTENT PROVIDERS OF THE FOREGOING SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, TECHNICAL ERRORS, ACCIDENTAL ERRORS, YOUR INABILITY TO ACCESS THE SITE, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE CONTENT ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF PENNYUP WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT PENNYUP OR ANY OF ITS
Miscellaneous
Specific Performance Each one of us agrees that damages may not be an adequate remedy and that either of us shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the other, from committing any violation or enforce the performance of the covenants, representations and obligations contained in the Terms of Use. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Parties may have at law or in equity, including without limitation a right for damages.
Severability Each and every obligation under the Terms of Use shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of the Terms of Use are unenforceable, both of us shall endeavor to amend such clauses as may be necessary to make the provision or provisions valid and effective. Notwithstanding the foregoing, any provision which cannot be amended as may be necessary to make it valid and effective shall be deemed to be deleted from the Terms of Use and any such deletion shall not affect the enforceability of the remainder of the Terms of Use not so deleted provided the fundamental terms of the Terms of Use are not altered.
Non-Exclusive Remedies The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any of us may otherwise have at law or in equity. The rights and remedies of any of us based upon, arising out of or otherwise in respect of any inaccuracy or breach of any representation, warranty, covenant or agreement or failure to fulfill any condition shall in no way be limited by the fact that the act, omission, occurrence or another state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement as to which there is no inaccuracy or breach.
Partial Invalidity If any provision of the Terms of Use or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any law or regulation or government policy, the remainder of the Terms of Use and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the Terms of Use shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of the Terms of Use shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.
Rights of Third Parties Nothing expressed or implied in the Terms of Use is intended or shall be construed to confer upon or give any person, other than us hereto any rights or remedies under or by reason of the Terms and Conditions or any transaction contemplated by the Terms of Use.
Time of Essence Time shall be of the essence of all the matters arising out of or in connection with the Terms of Use.
Execution The Terms of Use shall be deemed duly executed and shall become effective and binding upon you and us when you access the Website.

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