Haboo – TERMS OF SERVICE
Welcome to Haboo!
Your use of Haboo is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using Haboo.
If you have any question about, or if you wish to send us any notice in relation to, these Terms, please contact us at firstname.lastname@example.org.
1.1 Compliance with these Terms
These Terms apply to you if you are a user of Haboo anywhere in the world.
Please review these Terms and our policies and instructions to understand how you can and cannot use Haboo. You must comply with these Terms in your use of Haboo and only use Haboo as permitted by applicable laws and regulations, wherever you may be when you use this software.
If you do not agree to these Terms, you may not use Haboo and must immediately terminate your use of this software and all services.
1.2 Contracting Entity
By using Haboo, you are agreeing to be bound by these Terms between you and Haboo Team ("we", "our" and "us").
We may specify in certain of our Haboo service-specific terms that you are contracting with one of our affiliate companies or Service Providers (instead of us) in relation to your use of the relevant Haboo service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant Haboo service-specific terms, and these Terms (and those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant Haboo services or features.
1.3 Service Eligibility
The services of Haboo are not for use by anyone under the age of 18.
To use the services, you agree that: (i) you must be the "Minimum Age" (described below) or older; and (ii) you are not already restricted by us from using the services provided via Haboo.
We may change the Minimum Age from time to time based on our sole discretion. Where this is the case, the users of Haboo who were below the new Minimum Age when they started using the services under a previous Terms of Service may continue to use them, as they have already reached the new Minimum Age since then.
"Minimum Age" means 18 years old. However, if applicable law requires that you must be older in order to lawfully use Haboo without parental consent (including using of your personal data) then the Minimum Age is such older age.
If applicable law requires you to obtain the consent from your parent or guardian, then your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Haboo.
1.4 Other general terms in relation to these Terms
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
2. ADDITIONAL TERMS AND POLICIES
We offer a diverse range of services and features within Haboo, so in addition to these Terms, there may be certain additional terms and policies that may be applicable to your use of all or part of Haboo, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.
2.1 Haboo policies
2.2 Terms applicable to specific Haboo features
Some of our services and features may have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services and features, as well as these Terms.
To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:
‧ "Changes to these Terms and Haboo";
‧ "Our Intellectual Property Rights"; and
‧ "Liability for Haboo".
3. CHANGES TO THESE TERMS AND Haboo
We may make changes to these Terms above from time to time, so please come back and review them.
In addition, as Haboo and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Haboo (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or Haboo are reasonably material, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to use Haboo after we make any change to these Terms or Haboo, with or without notice from us, you are agreeing to be bound by these revised Terms. If you object to any changes, you may close your account.
4. YOUR ACCOUNT
You will need to create an account with us in order to access and use Haboo via 1) using your existing account opened at third party social media platforms (such as Facebook or Google) and 2) registering and logging in as visitors. Under the circumstance you choose 1), we will have the right to access, collect and use your information relating to these third party accounts.
Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Haboo remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any password used to access your account and Haboo, and (ii) all use of Haboo under your account. You must promptly notify us at email@example.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on Haboo as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
Haboo may offer methods for deactivating your service-specific account – please refer to Haboo for further guidance (if available) from time to time.
Please note that when you login as a visitor, there is always a risk of loss of both your account and any interests linked with the account, such as gold coins you prepaid. Therefore, we highly recommend you login through Facebook or Google account, to avoid any risk of loss of information and gold coins.
Generally. From time to time, Haboo may offer products and services for purchase ("in app purchases") through the App Store, Google Play Store, carrier billing, Haboo direct billing or other payment platforms authorized by Haboo. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as the Google Play Store or App Store) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Haboo or the third party account, as applicable, to charge you.
Auto-Renewal; Automatic Card Payment
If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to Customer support if you were billed directly by Haboo or the relevant third party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Haboo or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on Haboo, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Haboo application from your device. Deleting your account on Haboo or deleting the Haboo application from your device does not terminate or cancel your subscription; Haboo will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Haboo or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay Haboo directly with your Payment Method. If you pay Haboo directly, Haboo may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Haboo may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting Haboo and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Haboo will be through MTCH Technology Services Limited.
Virtual Items. From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items", which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Haboo ceases providing the Service or your account is otherwise closed or terminated. Haboo, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. Haboo may manage, regulate, control, modify or eliminate Virtual Items at any time. Haboo shall have no liability to you or any third party in the event that Haboo exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT TINDER IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For subscribers and purchasers of Virtual Items residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.
Except as noted above for members resident in the Republic of Korea, purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you made a purchase using your Apple ID, refunds are handled by Apple, not Haboo. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you made a purchase using your Google Play Store account or through Haboo directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Haboo (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: Haboo, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA.
If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.
If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.
You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.
Pricing. Haboo operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
6. YOUR CONTENT
When you submit, upload, transmit or display any data, information, photograph or other content in connection with your use of Haboo ("Your Content"), you understand and agree that:
‧ you will continue to own and be responsible for Your Content;
‧ we will not sell Your Content to any third party;
‧ Your Content will be shared with other users of Haboo in many ways. For example, Your Content will be seen by other users of Haboo once you have uploaded Your Content to Haboo;
‧ you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Haboo and our other services, including new services that we may provide in the future;
‧ in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;
‧ we may share Your Content with third parties that we work with to help provide, promote, develop and improve Haboo, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Haboo);
‧ we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
You understand that even if you seek to delete Your Content from Haboo, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Haboo.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
7. INFRINGEMENT OF RIGHTS
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact firstname.lastname@example.org.
8. THIRD PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Haboo, including content provided by users of Haboo or by our advertisers. You acknowledge and agree that by using Haboo, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Haboo by you is at your own risk. Your use of Haboo does not give you any rights in or to any content you may access or obtain in connection with your use of Haboo.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Haboo and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
We may review (but make no commitment to review) content or third party services made available through Haboo to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Haboo.
There may be, from time to time, third party content and services on Haboo that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Haboo. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.
9. ADVERTISING CONTENT ON Haboo
Haboo may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in Haboo.
10. OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to Haboo (including any future updates, upgrades and new versions to Haboo), will continue to belong to us. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Haboo are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from Haboo, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Haboo, you will first contact us to request the information you need.
We may from time to time provide updates to Haboo. Such updates may occur automatically or manually. Please note that Haboo may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of Haboo, or that such updates will continue to support your device or system.
We may in our discretion provide technical support for Haboo (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
11. USE OF YOUR DEVICE BY Haboo
In order for us to provide Haboo to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Haboo – for example, we may need to use your device's processor and storage to complete the relevant Haboo software installation, or use your device's camera and microphone to provide video chat services to you. You agree to give us such access to and use of your device.
You hereby authorize us to collect and use the address books, contact lists, mail box, system application lists, device information, and unique device identifiers (UDID, or other) contained in the Devices to which you have downloaded Haboo for purposes of your use of the services.
We will provide further information regarding how Haboo uses and accesses your device within Haboo or in another manner (e.g. via the relevant app store as part of the installation process for Haboo on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide Haboo to you.
You may need an adequate internet connection in order to authentic your Haboo account or use Haboo. You may also be required to activate certain functionalities within Haboo in the manner described within Haboo. You may not be able to use certain functionalities within Haboo if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Haboo.
12. DO'S AND DON'TS
12.1 You agree that you will:
a. comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. strictly follow these Terms; and
c. use Haboo in a good manner.
12.2 You agree that you won't:
a. act in an unlawful or bad manner in connection with Haboo, including being dishonest, abusive or discriminatory;
b. post defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
c. create a profile for anyone other than yourself (a real person);
d. use or attempt to use another's account;
e. steal or attempt to steal another's virtual property, such as virtual gifts;
f. harass, abuse or harm another person;
g. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, add-ons, or any other technology or manual work) to scrape Haboo or otherwise copy profiles and other data from Haboo;
h. bypass or circumvent any access controls or service use limits;
i. copy, use, disclose or distribute any information obtained from Haboo, whether directly or through third parties (such as search engines), without the consent of us;
j. use, disclose or distribute any data obtained in violation of these Terms;
k. disclose information that you do not have the consent to disclose (such as confidential information of others);
l. violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
m. violate the intellectual property or other rights of us;
n. post anything that contains software viruses, worms, or any other harmful code;
o. manipulate identifiers in order to disguise the origin of any message or post transmitted through Haboo;
p. create or operate a pyramid scheme, fraud or other similar practice;
q. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for Haboo or any related technology that is not open source;
r. remove, cover or obscure any advertisement included in Haboo;
s. use bots or other automated methods to access Haboo, add or download contacts, send or redirect messages;
t. monitor Haboo's availability, performance or functionality for any competitive purpose;
u. access Haboo except through the interfaces expressly provided by us, such as its mobile applications;
v. use Haboo for tasks that it is not intended for;
w. override any security feature of Haboo; and/or
x. interfere with the operation of, or place an unreasonable load on, Haboo (e.g., spam, denial of service attack, viruses, gaming algorithms).
13. WARRANTY AND DISCLAIMER
We warrant to you that we will provide Haboo using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, Haboo IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO PARE ME OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY PARE ME, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT PARE ME WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT PARE ME WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT PARE ME WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
14. LIABILITY FOR Haboo
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR PARE ME, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE PARE ME AND IN NO EVENT WILL IT EXCEED $50.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF Haboo; OR (II) YOUR BREACH OF THESE TERMS.
15. NO LIABILITY FOR THIRD PARTIES
As set out in the "Third Party Content and Services" sections of these Terms, various third parties may provide certain content, services or software within Haboo.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH Haboo, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN Haboo.
These Terms will apply to your use of Haboo until your access to Haboo is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of Haboo: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Haboo creates risk for us or for other users of Haboo, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Haboo for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Haboo (in whole or in part), you will immediately permanently delete all copies of Haboo to which the termination relates and you will immediately cease accessing and using Haboo.
These Terms are the entire agreement between you and us in relation to Haboo. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.