Terms of Use

General

  • This website and all its sub domains (“Site”) are owned and operated by Cactus Communications Group. Any references to "we," "us," "our," "I" refer to Cactus Communications Group. The services are wholly offered and provided by Cactus Communications.
  • The term “you” or “your” or “client” or “customer” refers to the customer who avails or intends to avail the services, whether chargeable or not offered on this Site subject to these Terms of Use (“Tou”).
  • The term source documents/information or “source files” includes the articles, manuscripts, papers, academic papers, theses, dissertation documents, pictures, your or your Laboratory’s research papers you choose to upload, data relating to your preferred Journals and your choice of published papers, Digital Object Identifier (“DOI”) and PubMed Central Identifier (“PMCID”) which are submitted to us for rendering the Final Product, etc.
  • The term “Final product” refers to the end product / report / suggested readings which will be recommended based on the source files provided by you.
  • Your continued use and access of this Site indicates that you have read, understood, and accepted the tour. If you do not want to be bound by the ToU, you agree to immediately discontinue your use of this Site.
  • In addition to these ToU, your use of our Site is also governed by our Privacy policy, Cookie policy. By accessing and using our Site you consent to our processing of your personal information in accordance with our Privacy policy, and you consent to our use of cookies in accordance with our Cookie policy.

Purpose of This Site and the Content Therein

  • All the information presented on this Site (“Content”) is for informational purposes only and does not create a business or professional services relationship between us. A service relationship may be established when you place a request for the Services and the same is accepted by us.
  • We reserve the right to verify and confirm the authenticity, enforceability, and validity of service orders/ requests placed by you to protect the security, safety, and integrity of our systems and your interest.

Researcher.Life All Access Services

  • Researcher.Life All Access (“All Access”) offers a one-time purchase option and a paid subscription program with an option of monthly, quarterly, semi-annual and annual subscription. It may be offered standalone or bundled in with other offerings.
  • All Access service inclusions may vary in each country.
  • All Access subscription services will be valid for a period depending on the chosen plan. Your subscription will renew automatically at the end of the period. If you wish to unsubscribe, then please do so before the period ends.
  • Clients choosing the subscription program will be billed either monthly quarterly, semi-annually or annually, depending on their chosen subscription. The card information provided by you during sign-up will be securely stored on the payment gateway and used to automatically charge the selected payment method at the start of each billing cycle.
  • All Access one-time purchase option will not be renewed automatically at the end of such use. There will be no recurring charge in case of one-time purchase.
  • All Access subscription duration is fixed unless indicated differently at the time of allotment.
  • Benefits included in this subscription can only be used while the subscription is active.
  • Benefits included in the subscription that are offered by third party service providers are subject to their respective terms & conditions. Please read the same carefully while redeeming any such benefits.
  • Cancellations and Refunds
    • The one-time purchase option is non-cancellable and non-refundable.
    • Clients can choose to cancel their subscription at any point in time.
    • If cancellation is done within thirty (30) days of purchase for annual subscription, and seven (07) days of purchase for semi-annual, quarterly and monthly subscription, Clients will be eligible for a refund. After the mentioned period, no refunds will be provided. The subscription will continue until its expiry.
    • Refund, if applicable, will be credited through the same payment method used for the original transaction. The Client will have to return the original tax invoice, for the refund to be processed, wherever required.
    • To cancel your subscription, please visit the Membership & Billing page in your account on the Site. You can reach out to support@researcher.life in case you need any assistance.
  • Any unused benefits, on the date the subscription expires, will not be carried forward.
  • Certain benefits like live events, etc., may be available for a limited period only during the subscription period.

Researcher.Life Essentials Pack Services

  • Researcher.Life Essentials Pack (“Essentials Pack”) is a free offer available to all registered clients of Researcher. Life and products in its ecosystem.
  • We have the right to modify the services included under the Essentials Pack at any time.

Paperpal and Paperpal Prime Services


Paperpal offers free services and Paperpal Prime offers paid subscription plans on an annual, quarterly or monthly basis. It may be offered standalone or bundled with other offerings.

The service inclusions for each of these subscriptions may vary in each country. We have the right to modify the services included under Paperpal or Paperpal Prime at any time.

Prepayment Terms:

  • The subscription for Paperpal Prime will be valid and Clients choosing these these subscriptions will be billed either monthly, quarterly or annually, depending on their chosen subscription. The card information provided by you during sign-up will be securely stored on the payment gateway and used to automatically charge the selected payment method at the start of each billing cycle.
  • The subscription duration is fixed unless indicated differently at the time of allotment.
  • Benefits included in this subscription can only be used while the subscription is active.
  • Cancellation and Refunds:
    • Clients can cancel their subscriptions at any point in time.
    • If cancellation is done within thirty (30) days of purchase for annual subscription, and seven (7) days of purchase for monthly or quarterly subscription, Clients will be eligible for a refund. After the mentioned period, no refunds will be granted, and the subscription will continue until its expiry.
    • Refunds, if applicable, will be credited through the same payment method used for the original transaction. The Client will have to return the original tax invoice, for the refund to be processed, wherever required.
    • To cancel your subscription, please visit the Membership & Billing page in your account on the Site. You can reach out to hello@paperpal.com in case you need any assistance

Pay Later Terms:

  • Paperpal Prime offers a pay later option for annual plan. Pay later option is available only for one-time payments for the Paperpal annual plan.
  • This plan offers a grace period of 60 days, from the date of sign-up, for the annual plan, to make the payment.
  • In this mode of payment, the proof of payment is to be submitted via Membership & Billing page within 60 days from the date of subscription.
  • If payment is received within 60 days, a success email from hello@paperpal.com is sent along with the payment receipt.
  • Automated reminder emails are sent 30 days, 20 days and 10 days prior to the payment due date, if the payment is not received within 60 days.
  • The subscription gets cancelled automatically, if payment is not received within 60 days along with a cancellation email.
  • In case you want to re-initiate the subscription, you can send an e-mail to hello@paperpal.com with proof of payment. Payment under pay later option can be made via bank transfer only. The terms and bank transfer details will be shared in the e-MNS invoice.
  • Cancellation:
    • There is an option to cancel the subscription only during the first 30 days, or until the payment is matched in the system – whichever is earlier.
    • Any unused benefits on the date the subscription expiry will not be carried forward.
    • Certain benefits like live events, etc., may be available for a limited period only during the subscription period.
    • You may reach out to hello@paperpal.com for any further assistance

Paperpal Preflight

  • Paperpal Preflight provides service in a standalone offering for a fixed one-time fee per instance / document.
  • The service inclusions may vary in each country.
  • The fee paid is non-refundable.
  • We have the right to modify the services included under Paperpal Preflight at any time.

Researcher.Life Discovery Prime Services

  • Researcher.Life Discovery (“R Discovery”) Prime offers paid subscription plans on an annual or monthly basis. It may be offered standalone or bundled with other offerings.
  • R Discovery Prime service inclusions may vary in each country.
  • To avail the services, clients must download the R Discovery app from App Store or Play Store.
  • Clients will receive the first seven (7) days of R Discovery Prime services as a complimentary/free trial.
  • Upon the completion of the free trial, your subscription will be auto renewed as per the subscription selected by you, i.e., R Discovery Prime services will be valid for a period of one (1) year from the date of paid subscription for annual pack, or one (1) month from the date of paid subscription for monthly pack. Your subscription will be auto renewed at the end of the said period. If you wish to unsubscribe, then please do so before the end of the pack validity.
  • Clients subscribing to this subscription will be billed either monthly or annually, depending on their chosen subscription. The card information provided by you during sign-up will be securely stored on the payment gateway and used to automatically charge the selected payment method at the start of each billing cycle.
  • The subscription duration is fixed unless indicated differently at the time of allotment.
  • Benefits included in this subscription can only be used while the subscription is active.
  • The add-on features such as audio, translation, or summarization available on the Site are for convenience just to make the user experience more useful and we shall in no way be held responsible or liable for any inaccuracies or discrepancies in the same including but not limited to incorrect translation, mistake in the audio, incomplete summarization, etc.
  • Cancellations and Refunds:
    • Clients can cancel their subscription at any point in time.
    • To cancel your subscription, please visit the Membership & Billing page in your account on the Site. You can reach out to discovery@researcher.life in case you need any assistance.
    • If cancellation is done within thirty (30) days of purchase for annual subscription, and seven (7) days of purchase for monthly subscription, clients will be eligible for a refund. After the mentioned period, no refunds will be granted. The subscription will continue until its expiry.
    • Refunds, if applicable, will be credited through the same payment method used for the original transaction. The Client will have to return the original tax invoice, for the refund to be processed, wherever required.
  • Any unused benefits on the date of subscription’s expiry will not be carried forward.
  • Certain benefits like live events, etc. may be available for a limited period only during the subscription period.

Researcher.Life Ask Discovery

  • Ask Discovery is a free service, available to all registered clients of Researcher.Life, that allows users to request and receive artificial intelligence (AI)-generated content derived from research papers (“AI Content”).
  • The service inclusions may vary in each country.
  • The AI Content or information made available in conjunction with or through the Service are provided “as is” and without warranties of any kind either express or implied.
  • It is the ultimate responsibility of each user to determine whether to review a research paper based on analysis performed using such AI Content or not. We shall have no liability to any user for claims arising from research performed using the Service.
  • We have the right to modify the services included under Ask Discovery at any time.

Researcher.Life Prime Services

  • Researcher. Life Prime (“Prime”) is a paid subscription program available exclusively for Editage clients. It may be offered at a discounted rate or bundled in with other offerings.
  • Prime services inclusions may vary in each country.
  • Prime services will be valid only for a period of one (01) year from the date of subscription. You can subscribe to it again at the end of the period for uninterrupted use.
  • If the client becomes a subscriber through a bundled offering along with a service you have chosen from Editage, then the terms & conditions of R Prime mentioned here will apply.
  • Prime subscription benefits can be used/ redeemed only during the subscription period.
  • All benefits except for those mentioned below are activated at the time the client requests it.
    • Access to Upskill (courses) and Paperpal (unlimited suggestions) is activated on purchase of Prime for the duration of the Prime subscription.
  • Benefits included in the subscription that are offered by third party service providers are subject to their respective terms & conditions. Please read the same carefully while redeeming any such benefits.
  • You can cancel the subscription within thirty (30) days of purchase for a full refund. No refunds are given for cancellations after thirty days.
  • You can reach out to the below support IDs for respective markets within thirty (30) days from the date of subscription if you wish to cancel the Prime subscription with valid reasons.
  • Refunds, if applicable, will be credited through the same payment method used for the original transaction. The Client will have to return the original tax invoice, for the refund to be processed, wherever required.
  • Benefits that remain unused upon the subscription's expiration date will not be transferable to future periods.
  • Certain benefits like live events etc. maybe available for a limited period during the subscription period
  • At any given time, you can subscribe to either Essential Pack services or Prime services.
  • On expiry of the Prime subscription, you will automatically switch to the Essential Pack services.

Researcher.Life Upskill Services

  • In case you are using Researcher.Life Upskill (“Upskill”) services, you agree and acknowledge that all courses uploaded on the site are either proprietary to us or are licensed by us and that you shall not reproduce the course or any part of the course for any commercial benefit.
  • Those courses which are available online shall be strictly completed online and you shall not make any attempt to download, copy the same or take screen shots. For those courses which are available in a downloadable format, you can download one copy only for your reference. However, you are prohibited to make any copies or reproduction of the same for any commercial benefit.
  • The opinions and guidance provided in the courses and consultation sessions are based on best judgement and good faith. You should independently evaluate them before making any decision or taking any action.
  • In case you suffer any monetary or non-monetary loss due to the actions taken by you based on such opinions or guidance, you shall not have any claim on us for the same since the opinions and guidance are given on a good faith basis and you are responsible for evaluating them independently before taking any actions. You agree to waive any claim against us in such circumstances.
  • While we strive to provide world-class content courses, unexpected events do occur. We reserve the right to cancel, reschedule, and modify any courses, if required.
  • Courses can be purchased individually but not all courses will be included in this scheme. Some courses will be accessible only through Prime membership. Prices may vary, and it will be mentioned if it can be accessed through membership only.
  • You can access and consume the course material till the course is hosted on Upskill and Upskill Studio.
  • You cannot cancel the individual course once subscribed for. There is no refund policy for courses subscribed.

Researcher.Life Pubsure Services

  • In case you are using Researcher.Life Pubsure (“Pubsure”) Services, final product means the assistance we provide in introduction between Authors and Journal Editors/ Publishers.
  • Pubsure Services may also be subject to different amounts of original submission and resubmissions depending upon the category of service/ plan you avail. Also, the service/ plan you select your usage may be subject to a Fair Usage Policy which is available at Fair Usage Policy. We reserve the right to make reasonable changes to the Fair Usage Policy at our sole discretion.
  • Notwithstanding anything to the contrary the following Refunds & Cancellation Policy applies for Pubsure Services: -
    • You can request a refund if our services fall short of the description provided to you.
    • You are requested to write to us on support@researcher.life within three (03) days of service delivery explaining your concerns. We will first attempt to reprocess the manuscript to address the issue.
    • If you remain dissatisfied after this reprocessing and it does not meet our commitments, we will offer an equivalent service for free.
    • In cases of a charge back from the credit card company, access to your account will be immediately frozen until the chargeback is reversed.
    • If there is a failure while processing an uploaded file to generate a pro report, and the report was not generated within twenty-four (24) hours, then the used credit shall be automatically allotted back to you in your account.

Researcher.Life GrantDesk Services

  • Researcher.Life GrantDesk (“GrantDesk”) is a paid service program that offers one-time service and subscription option.
  • GrantDesk services will remain valid depending on the chosen plan.
  • Benefits included in this subscription can only be used while the subscription is active. Any unused benefits on the date the subscriptions expiry will not be carried forward.
  • In cases where an application results in a successful award, then Client must inform us within 30 days of receipt of such grant award. We will issue you a valid invoice and the Client will be required to make the payment within thirty (30) days from the invoice date.
  • Cancellations and Refunds
    • Clients can choose to cancel their annual membership within thirty (30) days of purchase of service and will be eligible for a 50% refund. After the mentioned period, no refunds will be provided.
    • Clients can choose to cancel their grant application service within fifteen (15) days of purchase of service and will be eligible for a 50% refund. After the mentioned period, no refunds will be provided.
    • The mini review service is non-cancellable.
    • The subscription will continue until its expiry.
    • Refund, if applicable, will be processed only if the Client returns the original tax invoice and refund will be credited through the same payment method used for the original transaction.
    • To cancel your subscription or for any other assistance, please reach out to grantdesk@researcher.life.
  • All the information or advice provided by us are on the basis of our expertise and research. We do not make any representations or warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to the accuracy, completeness, reliability, suitability, availability or timeliness of the information provided.
  • We will not be liable for any damages arising from your use of, or inability to use, the information provided, or for any errors or omissions in the information or not being successful in receiving the grant. By using the information provided, you assume all risks associated with such use.

Researcher Voice

  • You agree and acknowledge that all opinions expressed on the platform are independent opinions of the respective clients.
  • We do not actively verify, moderate, update or cross check any such opinions. You are requested to independently verify such opinions before you act on the same.
  • We neither undertake any responsibility nor do we vouch for any of the opinions expressed on the Researcher Voice platform and therefore, we are not liable to compensate you if you have incurred any tangible or intangible loss acting based on the same.
  • Although we do not actively moderate the content on the Site, we reserve the right to delete / moderate any posts made or opinions expressed by you on the Site.

Fees and Invoicing

  • All the payments shall be due in advance.
  • Upon receipt of the payment, you will be provided access to the product / service, and we will issue you a valid invoice / receipt.
  • You agree to pay all such fees at the rates plus applicable taxes. Unless otherwise specified on the service, all fees will be quoted and charged in U.S. dollars. We reserve the right to change the amount of, or basis for determining, any fees, and to institute new fees.
  • If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of purchase, or otherwise, you authorize, give us and our third-party service providers permission, and direct us and our third-party service providers to retain such information and to charge all fees to such payment method.
  • All fees, unless otherwise indicated, are non-refundable.
  • You are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, internet and other services necessary to access, visit and/or use the service. If you are accessing the service via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services. There may be multiple payment gateways mentioned on our Site through which you can make payment for the services. However, we are not liable for any damage that you may suffer on the account of an error or default on the part of any payment gateway/s listed on our Site. Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded); (b) in the currency mentioned in the order confirmation (quotation); and (c) any foreign exchange conversion charges or any other charged levied by your bank or payment gateway are to be borne by the customer.
  • You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
  • You agree to bear any kind of tax liability that you may incur in your country of residence for procuring our services, and we undertake no responsibility for any such tax liabilities that may arise when you use our services.
    • Billing Dispute: If you have any disputes with regards to billing, such disputes shall be governed by the provisions of this clause: You agree to pay all valid invoices, except for any amount under a valid billing dispute. You must pay the undisputed amount as per the "Fees and Invoicing" clause.
    • To raise a valid billing dispute, you must (i) send a good faith request with specific evidence of the incorrect charge to support@researcher.life and (ii) submit the request within three (03) days from the invoice date.
    • On receiving your dispute request, we will conduct investigations which are reasonably necessary and appropriate to substantiate the matter. At the end of these investigations, you will pay the outstanding amount, if any, and we reserve the right to charge an interest at the rate of 12% per annum from the date of which the amount would have been due to the date of actual payment if the dispute is proven to be deliberate.

Intellectual Property

  • All trademarks, logos, and service marks displayed on this Site are the sole and exclusive property of Cactus. Use of these trademarks without our explicit permission is strictly prohibited. The Content on this Site is protected by all applicable intellectual property laws and is our sole and exclusive property. You may not modify, copy, reproduce, redistribute, republish, upload, post, or distribute any Content on this Site, including any code or software, in any way without prior written consent from us. You may use or download the Content for your limited personal, non-commercial purposes according to the applicable law.

Customers Warranties

  • You confirm that you either own the copyrights of the source files or have the necessary authority to provide them to us for our services. You authorize us to use these source files for the services you request.
  • You agree to indemnify, defend, and hold us harmless in case any third-party claims of infringement of copyright in the source files provided to us by you or any other third-party claims resulting out of breach of these ToU by you.
  • You hereby agree that access to certain areas of this Site may be available only to registered clients. To become a registered client, you may be required to provide us with certain information. You hereby represent and warrant that all information supplied to the Site is true, complete, and accurate.

Use of the Site

  • You hereby agree not to use contact information provided on the Site for any unauthorized purposes. You agree not to interrupt or attempt to interrupt the operation of the Site in any manner whatsoever.
  • You agree and undertake that when using the Site, you will not:
    • Upload / post source files that infringes any proprietary/intellectual property rights of another person or post information that belongs to another person and to which you do not have any rights to.
    • Upload / post source files or engage in any activities that could harm, disrupt, or interfere with the functioning of the website or its associated services. This includes, but is not limited to transmitting viruses, attempting to gain unauthorized access, or engaging in any unauthorized, unlawful, or malicious activities.
    • Download any file posted by another client that you know, or reasonably should know, cannot be legally distributed in such a manner.
    • Post any information that deceives or misleads the addressee about the origin of such messages or impersonates another person or communicates any information that is grossly offensive or menacing in nature.
    • Violate any applicable laws or regulations for the time being in force; or
    • Make the Site available over a network where it could be used by multiple devices or multiple clients at the same time.
  • Any usage of the unique ID and password created and provided to you shall be solely for your personal use. You shall not share this with anyone, and you would be responsible for any unauthorized access or usage of the same.

Regulatory Powers

  • You hereby acknowledge and agree that we reserve the right to:
    • limit, deny, or restrict the use or access to the Site in entirety or certain portions of the Site to specific clients, including yourself, at our sole discretion.
    • reject a client from registering on the Site without assigning any reason thereof.
    • suspend/cancel/deactivate any client’s account/registration for any reason that we shall deem fit, or
    • delete, edit, or move any Content posted on the Site for any reason whatsoever.
    • Use your name, logo, or any other trademark for marketing and promotional activities if you have availed any service(s) from our Site. Such usage shall be in a manner that does not derogate your rights in your trademarks, names, and logos by us.
    • Use your source files uploaded on this platform to analyze, enhance, or develop and build services, tools, and systems for customer’s benefits.

Confidentiality

  • We shall maintain complete confidentiality of source files. All our vendors are contractually obliged to maintain strict confidentiality of client data. Access to the client data is limited to the person who is in charge or required to work on the document.

Breach of T&Cs

  • When a breach of these T&Cs has occurred, we may take all or any of the following actions or any such action as it deems appropriate, including but not limited to the following:
    • Immediate, temporary, or permanent withdrawal of your right to use the Site.
    • Issuance of a warning to you.
    • Initiation of legal proceedings against you for reimbursement of all resulting costs and expenses suffered by us on an indemnity basis (including but not limited to reasonable administrative and legal costs); and
    • Disclosure of such information to law enforcement authorities is reasonably necessary.
  • We hereby expressly disclaim all liability for any and all actions taken by us in response to a breach of the ToU committed by you.

Changes to the Site and These Terms of Use

  • We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of these ToU, in whole or in part, at any time, temporarily or permanently, without notice and without liability, by posting revised terms on the Site. You hereby agree that it is your responsibility to check periodically for any changes made to these ToU. Your continued use of the Site after any changes to these ToU signifies your acceptance of the updated ToU.

Age Restrictions

  • Our Site is not intended for use by individuals / persons under the age of eighteen (18) years and you must not use our Site or attempt to use any of our services if you are under the age of 18.

Disclaimers and Limitation of Liability

  • While we will use reasonable efforts to provide reliable Content through this Site, we do not warrant that this Site is free of inaccuracies, errors, and/or omissions.
  • The Site may contain links to other websites ("Embedded Sites"). The Embedded Sites are beyond our control, and we bear no responsibility for their content or activities, including any links within them or any modifications or updates they undergo. These links are provided for your convenience and do not suggest any endorsement or affiliation on our part.
  • You acknowledge that internet transmissions are never completely private or secure. You understand that any message or information sent/posted by you on the Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in a coded form). We do not bear any responsibility on account of your sending a message to us.
  • For the avoidance of doubt, it is clarified that except as otherwise expressly provided in these ToU, we make no representations, guarantees, or warranties, written or oral, express, or implied, to the client or to any other person or entity regarding the services, the Content on the Site, any hardware, or software.
  • To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your usage of or inability to access or use the services; (b) any action or conduct of any party, including any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or modification of your content or information. In no event shall our aggregate liability for all claims related to the services exceed the total amount of fees received by us from you for the paid services during the past six (6) months.
  • You acknowledge and agree that the disclaimers and the limitations of liability set forth in these terms of use establish a reasonable and fair allocation of risk between us. These limitations are a fundamental foundation for our capacity to provide the services to you in an economically feasible manner.

Grievance Redressal

  • Should you have any grievance or complaints in relation to your use of the Site, please contact us, at privacy@cactusglobal.com, who shall respond to your grievance within fourteen (14) days.

Governing Law/Dispute Resolution

  • If any dispute arises between you and us in connection with your usage of our Site or any of our services, the parties shall attempt to resolve it amicably, failing which it will be referred to arbitration.
  • For Japan customers:
    • The place of arbitration shall be Japan and the arbitration proceedings shall be in Japanese language.
    • These ToU shall be governed by and construed in accordance with the Japanese law and shall be subject to the exclusive jurisdiction of the courts in Japan.
  • For rest of the market’s customers:
    • The place of arbitration shall be Singapore. The arbitration proceedings shall be in English language.
    • These ToU are governed by and shall be construed in accordance with the laws of Singapore and shall be subject to the exclusive jurisdiction of the courts in Singapore.

Assignment

  • You may not transfer, either temporarily or permanently, any rights to use the Services or any part of the Services to another party. Any such attempt by you is considered void. We reserve the right to assign, transfer, delegate and/or grant all or any part of our rights, privileges, and properties hereunder to any person or entity.

Force Majeure

  • Neither Party will be held liable for any interruption or delay in accessing the Site or provision of services due to Force Majeure Event. For the purposes of this clause, 'Force Majeure Event' means any event or circumstances which is reasonably beyond the control of the affected party, and which results in default or delay in performance by such affected party of any of its obligations under this ToU and includes an act of God, war, hostilities, civil disturbances, epidemics, lockdowns, strikes, lockouts, and other industrial disputes.

Non-Waiver

  • Any express waiver or failure to exercise promptly any right under this ToU will not create a continuing waiver or any expectation of non-enforcement.

Entire Agreement

  • These Terms of Use constitute the entire understanding between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.