Terms and Conditions

These terms and conditions (collectively,hereinafter referred to as the "Terms") govern your ("User")access to and use of the website, www.bMatestore.com("Website")and the “bMatei(Mobile Applications) The Website & Mobile App is owned,managed by Saara IT Solutions Private Limited ("SAARA").

Please read these Terms carefully before using theWebsite & Mobile App, which is an online marketplace. For the purpose ofclarity, it is hereby stated that the Website & Mobile App is not engagedin providing any products & services by itself but is a platform, whichmerely connects the Sellers with their customers.

These Terms are an electronic record in terms ofthe applicable legislation. This electronic record is generated by a computersystem and does not require any physical or digital signatures. By using theWebsite & Mobile App, you signify your agreement to be bound by theseTerms.

Saara allows you to surf the Website & MobileApp or buy any products for yourself & for your business. You shall bedeemed to have read, understood and expressly accepted these Terms, which shallgovern the desired transaction of buying products & services through theWebsite for all purposes, and shall be binding on you. All Your rights andliabilities and/or the Website & Mobile App with respect to your use of theWebsite & Mobile App and availing facility ("Facility") providedby the Website shall be governed by these Terms.

PLEASE NOTE THAT YOUR USE OF THE WEBSITE AND MOBILEAPPLICATION IN ANY WAY SIGNIFIES YOUR ACCEPTANCE TO THE TERMS. By agreeing tothese Terms, You also agree to Saara's other Website policies; including butnot limited to, (i) Privacy Policy, as amended from time to time.

Both You and Saara are individually referred to as'Party' and collective referred to as 'Parties', in these Terms.

1.      Terminology:

1.      Forthe purpose of these Terms, wherever the context so requires "You" or"User" (would mean 'Saara user') shall mean any natural or legalperson who has agreed to become a buyer of the products and/or an availer ofthe Facility being offered on the Website & Mobile App.

2.      Theterm "We", "Us", "Our" shall mean Saara and/orits affiliates.

2.      OurWebsite:

bMateStore is an online Marketplace, which givesprospective buyers and sellers a platform to connect. In light of theforegoing, Saara wishes to state the following:

1.      TheWebsite is a marketplace, which merely lists the inventory of Sellers who areregistered with the Website. Hence, the limited role of the Website is to connectYou with the Seller and vice versa.

2.      Youunderstand and agree that the price of the products listed and/or offered forsale by the Seller on the Website, is solely determined by the respective seller,and Saara, as an aggregator has no control over the price of the products &Services listed on the Website. In the event, the minimum and/or the maximumprice of the products, is in contravention of any law and/or any order orjudgment of any regulatory authority/Tribunal/Court, it shall be the soleresponsibility of the respective seller to ensure that such price is incompliance with the law/order/judgment, and Saara shall in no way be liable forsuch contravention of the law/order/judgment.

3.      Inlight of the foregoing, You agree that any liability in relation to anyservices being offered on the Website in accordance with the applicable lawsshall be that of the seller and not Saara. In case of any deficiency of products& services, You agree to pursue any such action arising from such deficiencyof service against the seller and not the Saara.

4.      Youfurther agree and acknowledge that the Saara is only a facilitator and is notand cannot be a party to or control in any manner any transactions on theWebsite. Accordingly, the contract of sale of products & services on theWebsite shall be a strictly bipartite contract between You and the Sellerlisted on the Website.

5.      Youfurther agree and acknowledge that all the 'discounts/coupons (if any)' on theWebsite/prices at which the products and services are being sold by the selleron the Website is merely an “invitation to offer” in accordance with theapplicable law and shall not be construed to be an “offer” in accordance withthe applicable law. Hence, in light of the foregoing, when you agree to purchasethe product & Services listed on the Website by the seller, that would betermed as a 'valid offer' under the applicable law Subsequently, when the sameis being confirmed by the seller it tantamount to be a 'valid contract' as perthe applicable law.

3.      UserAccount (Buyer):

Saara may offer You the facility of opening useraccount on the Website. This user account can be linked to the Your email-id orphone number or both. For Your use of the Website, by registering an accountwith bMateStore, You agree to the following:

1.      Youare solely responsible for maintaining the confidentiality of Your account andpassword and for restricting access to Your device to prevent unauthorizedaccess to Your account when You use the Website by registering an account with bMateStore.

2.      Inthe event that You use the Website through a registered account, You agree toaccept responsibility for all activities that occur through your bMateStore account.

3.      Inthe event that You use the Website through a registered account, You shouldtake all necessary steps to ensure that the password is kept confidential andsecure and should inform Saara immediately if You have any reason to believethat Your password has been compromised, or if the password is being, or islikely to be, used in an unauthorized manner. Saara shall not be liable for anylosses You may incur owing to any compromised login credentials of Your bMateStoreaccount. Please ensure that the details You provide Saara are correct, completeand up to date and inform Saara immediately of any changes to the informationthat You provide at the time of registering Your account with bMateStore.

4.      Saarawill not be responsible for screening, censoring or otherwise controllingtransactions, including ascertaining whether the transaction is legal and validas per the laws of the land, if you are resident/national of a country otherthan India.

5.      Youwarrant that You will abide by all such additional procedures and guidelines,as modified from time to time, in connection with Your use of Website. Youshall also be liable to comply with all applicable laws and regulationsregarding use of the Website with respect to the jurisdiction concerned foreach transaction.

6.      Websitemay be used for Your personal and non-commercial purposes only. Therefore, Youare not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider,scrape), display, download or reproduce any content or information, software,products or Facility available on Website for any commercial or competitiveactivity/purpose.

7.      Saarareserves the right to refuse Your access to Website, terminate Your bMateStore account,cancel any transactions, remove and/or edit content on the Website at any timewithout notice if we have reasonable belief that Your account is being used forpurposes other than as defined under Clause 3(6).

4.      MembershipEligibility:

1.      Useof the Website is available only to persons who can enter into legally bindingcontracts under the applicable law. Persons who are "incompetent tocontract" within the meaning of the applicable law are not eligible to usethe Website. If You are a minor, you shall not register as a User of theWebsite and shall not transact on or use the Website.

2.      Asa minor if You wish to use or transact on the Website, such use or transactionmay be made by Your legal guardian or parents. We reserve the right toterminate Your membership and/or refuse to provide You with access to theWebsite if it is discovered that You are a minor or incompetent to contractaccording to the law.

 

5.      SellerRegistration:

1.       Seller shall register his/herbusiness in bMate-i by acceptingSaara’s terms and conditions

2.       Seller shallprovide his/her business details like, Business Entity Name, Address, Contactdetails, GSTIN etc while registering in bMate-i.

3.       Seller shallprovide“Cancellation & RefundPolicy” for all their products and services which is listed in the website.

4.      Seller’sare the solely responsible for maintaining the confidentiality of their accountand password and for restricting access to their device to prevent unauthorizedaccess to their account when they use the Website by registering an accountwith bMate-i.

5.      Sellershould take all necessary steps to ensure that the password is keptconfidential and secure and should inform Saara immediately if they have anyreason to believe that  password has beencompromised, or if the password is being, or is likely to be, used in anunauthorized manner. Saara shall not be liable for any losses they may incurowing to any compromised login credentials of Your bMateStore account. Pleaseensure that the details seller provide to Saara are correct, complete and up todate and inform Saara immediately of any changes to the information that sellerprovide at the time of registering.

6.      Saarawill not be responsible for screening, censoring or otherwise controllingtransactions, including ascertaining whether the transaction is legal and validas per the laws of the land, if you are resident/national of a country otherthan India.

7.      Sellerwarrant that seller will abide by all such additional procedures andguidelines, as modified from time to time, in connection with their use ofWebsite. Seller shall also be liable to comply with all applicable laws andregulations regarding use of the Website with respect to the jurisdictionconcerned for each transaction.

8.      Saarareserves the right to refuse seller access to Website, terminate their account,cancel any transactions, remove and/or edit content on the Website at any timewithout notice if we have reasonable belief that Seller account is being usedfor purposes other than seller’s actual business activity

 

6.      Links:

1.  This Website may contain links toother websites maintained by third parties ("External Sites"). TheseExternal Sites are linked to the Website for Your reference and convenienceonly. Saara does not operate, control or endorse in any respect such ExternalSites or their content. You assume sole responsibility for use of theseExternal Sites and is therefore, advised to examine the terms and conditions ofthose External Sites carefully.

2.  You must not link Your own website orany third party website, to this Website without obtaining the prior writtenapproval of Saara. Use of any automated screen capture or screen scrapingtechnologies to obtain information from this Website without the prior writtenapproval of Saara is an infringement of our intellectual property rights.

 

7.      Selling:

Asa registered seller, you are allowed to list item(s) for sale on the Website inaccordance with the Policies which are incorporated by way of reference in thisTerms of Use. You must be legally able to sell the item(s) you list for sale onour Website. You must ensure that the listed items do not infringe upon theintellectual property, trade secret or other proprietary rights or rights ofpublicity or privacy rights of third parties. Listings may only include textdescriptions, graphics and pictures that describe your item for sale.Thelisting description of the item must not be misleading and must describe actualcondition of the product. If the item description does not match the actualcondition of the item, you agree to refund any amounts that you may havereceived from the Buyer.

 

8.  Use of theWebsite

1. Youunderstand and agree that Saara and the Website merely provide hosting servicesto its Registered Users and persons browsing/visiting the Website. All itemsadvertised/listed and the contents therein are advertised and listed byRegistered Users and are third party user generated contents. Saara neitheroriginates nor initiates the transmission nor select the sender and receiver ofthe transmission nor selects nor modify the information contained in thetransmission. Saara has no control over the third party user generatedcontents.

2. Youagree, undertake and confirm that your use of the Website shall be strictlygoverned by the following binding principles:

1.      "YourInformation" is defined as any information you provide to us or otherusers of the Website ("Users") in the registration, bidding, buyingor listing process, in the feedback area or through any e-mail feature. You aresolely responsible for Your Information, and we act only as a passive conduitfor your online distribution and publication of Your Information.

2.      YourInformation (or any items listed):

The bold and underlined text in the following paragraphs isinserted in accordance with the Information Technology (Intermediariesguidelines) Rules 2011. Please note that in accordance with the InformationTechnology (Intermediaries guidelines) Rules 2011 in case of non-compliancewith the User Agreement, User Privacy Notice, or rules and regulations foraccess or usage of intermediary computer resource, the Intermediary has theright to immediately terminate the access or usage rights of the users to thecomputer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit,update or share any information or share/list(s) any information oritem that:

(a) belongs to another person and to which You does not have anyright to;

(b) is grossly harmful, harassing, blasphemous, defamatory,obscene, pornographic, paedophilic, libellous, invasive of another's privacy,hateful, or racially, ethnically objectionable, disparaging, relating orencouraging money laundering or gambling, or otherwise unlawful in any mannerwhatever; or unlawfully threatening orunlawfully harassing including but not limited to "indecent representationof women" within the meaning of the Indecent Representation of Women(Prohibition) Act, 1986;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or otherproprietary rights or third party’strade secrets or rights of publicity or privacy or shall not be fraudulent orinvolve the sale of counterfeit or stolen items;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee/ users about theorigin of such messages or communicates any information which is grosslyoffensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code,files or programs designed to interrupt, destroy or limit the functionality ofany computer resource; or contains anyTrojan horses, worms, time bombs, cancelbots, easter eggs or other computerprogramming routines that may damage, detrimentally interfere with, diminishvalue of, surreptitiously intercept or expropriate any system, data or personalinformation;

(i) threatens the unity, integrity, defence, security orsovereignty of India, friendly relations with foreign states, or public order orcauses incitement to the commission of any cognisable offence or preventsinvestigation of any offence or is insulting any other nation.

(j) is false, inaccurate or misleading;

(k)  directly or indirectly, offers, attempts to offer,trades or attempts to trade in any item, the dealing of which is prohibited orrestricted in any manner under the provisions of any applicable law, rule,regulation or guideline for the time being in force. Without prejudice to thegenerality of the above, Saara does not permit transactions Prohibited andRestricted Items.

(l) creates liability for us or cause us to lose (in wholeor in part) the services of our ISPs or other suppliers; and

(m) links directly or indirectly to or includesdescriptions of items, goods or services that:

·        areprohibited under the User Agreement or any other applicable law for the timebeing in force including but not limited to the Drugs and Cosmetics Act, 1940,the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, theIndian Penal Code, 1860, Information Technology Act 2000 as amended time totime and rules there under;

·        areidentical to other items you have up for auction but are priced lower than youritem's price, the reserve price of the item or minimum bid amount;

·        areconcurrently listed for sale on a web site other than the Website;

3. Solelyto enable Saara to use the information you supply us with, so that we are notviolating any rights you might have in Your Information, you agree to grant usa non-exclusive, worldwide, perpetual, irrevocable, royalty-free,sub-licensable (through multiple tiers) right to exercise the copyright,publicity, and database rights (but no other rights) you have in YourInformation, in any media now known or not currently known, with respect to YourInformation. Saara will only use Your Information in accordance with the UserAgreement and bmatestore.com User Privacy Notice .

4. Yourepresent and confirm that you shall be the sole and exclusive legal owner ofall items, goods or products of any description that you wish to offer for saleon the Website. You shall have absolute right, title and authority to deal inand offer for sale such items, goods or products.

5. In theevent that any transaction or attempted transaction relating to any item, productsor services which is violation of this User Agreement or applicable law comesto your knowledge, you shall take all steps to inform Saara of thesame. If you are a Registered User, you may contact Saara.

6. Youshall at all times ensure full compliance with the applicable provisions of theInformation Technology Act, 2000 and rules thereunder  as applicable andas amended from time to time and also all applicable Domestic laws, rules andregulations (including the provisions of any applicable Exchange Control Lawsor Regulations in Force) and International Laws, Foreign Exchange Laws,Environmental Laws, Statutes, Ordinances and Regulations (including, but notlimited to Goods and Services Tax (GST), Custom Duty, Local Levies) regardingyour use of our service and your bidding on, listing, purchase, solicitation ofoffers to purchase, and sale of items or services. You shall not engage in anytransaction in an item or service, which is prohibited by the provisions of anyapplicable law including exchange control laws or regulations for the timebeing in force. In particular, you shall ensure that if any of your itemslisted on the Website qualifies as an "Antiquity" or "Arttreasure" as defined in the Act ("Artwork"), you shall indicatethat such Artwork is "non-exportable" and sold subject to theprovisions of the Arts and Antiquities Act, and shall ensure that it is notdelivered to any Winning bidder/buyer (as defined under the Bidding and Buyingsection) at any place outside India.

7. Fromtime to time, you shall be responsible for providing information relating tothe items or services proposed to be sold by you. In this connection, youundertake that all such information shall be accurate in all respects. Youshall not exaggerate or over emphasize the item-specifics of such items orservices so as to mislead other Users in any manner.

8.      Correspondence/Notices:

1.   WhenYou use the Website or send emails or other data, information or communicationto Saara, You agree and understand that You are communicating with us throughelectronic records and You consent to receive communications via electronicmeans from Saara periodically and as and when required.

2.   Wemay communicate with You through email/SMS or by such other mode ofcommunication, electronic or otherwise.

 

9.      Disclaimerof Warranties and Liability:

1.   ThisWebsite, all the services (including but not limited to software) included onor otherwise made available to You through this Website are provided on"as is" and "as available" basis without any representationor warranties, express or implied except otherwise specified in writing by Saaraor on the Website.

2.   Withoutprejudice to the forgoing paragraph, Website does not warrant that:

1.    Website will be constantly available,or available at all; or

2.    The information on this Website iscomplete, true, accurate or non-misleading.

3.   Saarawill not be liable to You in any way or in relation to the contents of, or useof, or otherwise in connection with, the Website. Wherever, the same is underthe control of the Seller. The Website does not warrant that this Website;information, content, materials, product (including software) Facility orservices included on or otherwise made available to You through the Website;the servers; or electronic communication sent from us are free of viruses orother harmful components, despite our best efforts to prevent these incidents.

4.   Youare required to enter a valid phone number while ordering a product or serviceson the Website. By registering Your phone number with us, You consent to becontacted by us for the purposes of the transaction on the Website or forsending you promotional offers or content.

5.   Platform for Communication. The Website is only a venue where Users may meetand interact with one another for their transactions. Saara is not and cannotbe a party to or control in any manner any transaction between two Users of theWebsite.

6.   Forthe purpose of order through the Website, we warrant that we shall beresponsible for the following activities:

1.   Issuinga order confirmation (a order that will be accepted by the seller); and

2.   Providingcustomer support and information in case of any delays in the order /inconvenience caused to You.

3.   Saarawill process the order cancellation request from customers subject to thecancellation and refund policy of the respective seller. The cancellation feemay differ for each seller.

However, We DO NOT take any liability for thefollowing:

·        Allcommercial / contractual terms are offered by and agreed to between buyers andsellers alone. The commercial / contractual terms include without limitationprice, shipping costs, payment methods, payment terms, date, period and mode ofdelivery, warranties related to goods and services and after sales servicesrelated to goods and services.  does nothave any control or determines or advises or in any way involves itself in theoffering or acceptance of such commercial / contractual terms between buyersand sellers.

·        Saara isnot responsible for any non-performance or breach of any contract entered intobetween Users (includes Registered User or Guest User).  Saara cannot anddoes not guarantee that the concerned Users will perform any transactionconcluded on the Website. Saara shall not and is not required to mediate orresolve any dispute or disagreement between Users.

·        Saara doesnot make any representation or Warranty as to the item-specifics (such asquality, worth, marketability, etc.) of the items or services proposed to besold or offered to be sold or purchased on the Website. In particular, Saara doesnot implicitly or explicitly support or endorse the sale or purchase of anyitems or services on the Website. Saara accepts no liability for any errors oromissions, whether on behalf of itself or third parties.

·        Saara doesnot make any representation or warranty as to the item-specifics (such as legaltitle, creditworthiness, identity, etc.) of any of its Users. You are advisedto independently verify the bona fides of any particular User that you chooseto deal with on the Website and use your best judgment in that behalf.

·        Saara doesnot at any point of time during any transaction between buyer and seller onWebsite come into or takes possession of any of the products or servicesoffered by seller nor does it at any point gain title to or have any rights orclaims over the products or services offered by seller to buyer.

·        TheWebsite is only a venue through which Users can reach a larger base to buy andsell items or services. Saara is only providing a platform for communicationand it is agreed that the contract for sale of any of the products or servicesshall be a strictly bipartite contract between the Seller and the Winningbidder/buyer.

·        At no timeshall any right, title or interest over the items vest with Saara nor shall Saarahave any obligations or liabilities in respect of such contract. Saara is notresponsible for unsatisfactory or delayed performance of services or damages ordelays as a result of items which are out of stock, back ordered or otherwiseunavailable. All items are offered by sellers are only for a restricted timeand only for the available supply as offered by sellers.

·        You shallindependently agree upon the manner and terms and conditions of delivery,payment, insurance etc. with the other Users that you transact with.

·        Yourelease and indemnify Saara and/or any of its officers and representatives fromany cost, damage, liability or other consequence of any of the actions of theUsers of the Website and specifically waive any claims that you may have inthis behalf under any applicable law. Notwithstanding its reasonable efforts inthat behalf, Saara cannot control the information provided by other Users,which is made available on the Website. You may find other User's informationto be offensive, harmful, inaccurate, or deceptive. Please use caution andpractice safe trading when using the Website. Please note that there may berisks in dealing with foreign nationals, underage persons or people actingunder false pretence.

10.  Payment:

At present only “Cash on Delivery”payment option available.

11.  Cancellation& Refund Policy:

1.   Cancellation&Refund

Saara will process the order cancellation requestfrom You as per the cancellation/refund policy of the seller. The cancellationfee and the period taken to process the refund will differ for each seller. Pleaserefer to the seller's cancellation&refund policy.

2.   Howdoes the customer cancel a order?

Please call our customer support helpline(available under “Contact Us” Option)for all cancellation related queries. Our customer support team will help youprocess the request as per the cancellation policy of the seller.

12.  IntellectualProperty Rights:

1.   Contentincluded on the Website, such as text, graphics, logos, button icons, images,audio clips, digital downloads, data compilations, and software, is theproperty of Saara, its affiliates or its content suppliers and is protected byIndian copyright and database right laws.

2.   Thecompilation of all content on this Website is the exclusive property of Websiteand its affiliates and is protected by laws of India copyright and databaseright laws. All software used on this Website is the property of Saara, itsaffiliates or its software suppliers and is protected by Indian andinternational copyright and authors' rights laws.

3.   Youmay not systematically extract/or re-utilise any parts of the contents of theWebsite without our express written consent. In particular, You may not utilizeany data mining, robots, or similar data gathering and extraction tools toextract (whether once or many times) for re-utilisation of any substantialparts of this Website, without Saara's express written consent. You may alsonot create and/or publish Your own database that features substantial (eg:prices and product or service listings) parts of the Website without Saara'sexpress written consent.

4.   Youcannot use the Saara trademarks for commercially exploiting them for Yourinterests without our express permission. We reserve the right to initiatelegal proceedings if we discover any infringement of our intellectual propertyrights.

 

13.  GrievanceOfficer:

In case of any consumer grievance, the End-User maycontact Saara on the email id provided below:

support@saarasolutions.com

14.  Indemnity:

1.   Youshall indemnify and hold harmless Saara, its subsidiaries, affiliates and theirrespective officers, directors, agents and employees, from any claim or demand,or actions including reasonable attorney's fees, made by any third party orpenalty imposed due to or arising out of Your breach of these Terms or anydocument incorporated by reference, or Your violation of any law, rules,regulations or the rights of a third party.

2.   Youhereby expressly release Saara or any of its affiliates or officers andrepresentatives from any cost, damage, liability or other consequence of any ofthe actions/inactions of the vendors and specifically waiver any claims ordemands that you may have in this behalf under any statute, contract orotherwise.

 

15.  Losses:

Saara will not be responsible for any loss(including loss of profits, revenue, contracts, anticipated savings, data,goodwill or wasted expenditure) and any other indirect or consequential loss toYou when You commenced using the Website.

 

16.  Governinglaw and Jurisdiction:

These Terms are governed by and shall be construedin accordance with the laws of India. The courts in Udupi shall have exclusivejurisdiction in respect of any disputes arising out of or in connection withthese Terms.

17.  Suspension,Termination or Cancellation

Website may suspend, cancel or terminate Youraccount registered with us, with or without prior notice, if we believe in goodfaith that You have breached any of these Terms or any other terms or policiesreferred to in these Terms.

Saara reserves the right, at its sole discretion,to accept, hold and/or cancel any order made by the You on the bMateStore website,and Saara Mobile App, which is deemed to be fraudulent or suspicious by Saara.

Saara will endeavour to inform You in the event ofcancellation of order, owing to fraud or suspicious activity, to the best ofits capacity, but shall not be liable for a failure to communicate to You ofsuch cancellation.

18.  Amendment/ Modification:

Saara reserves the right to modify these Terms atany time with or without any further notice by uploading the revised Terms onthe Website and it is Your duty to keep yourself aware of the revisions to theTerms of the Website.

19.  LimitationOf Liability:

THE WEBSITE/SAARA WILL NOT BE LIABLE FOR ANYDAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR INCONNECTION WITH THE TERMS, SITE, FACILITY, TRANSACTION PROCESSING SERVICE,INABILITY TO USE THE FACILITY OR THE TRANSACTION PROCESSING SERVICE, OR THOSERESULTING FROM ANY FACILITY PURCHASED OR OBTAINED OR MESSAGES RECEIVED ORTRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, BEYOND THE VALUE OF THE LASTTRANSACTION CARRIED OUT BY YOU THROUGH THE WEBSITE.

20.  Miscellaneous:

1.      TheParties acknowledge and accept that electronic format shall be deemed anacceptable means of communication for the purposes of these Terms.

2.      TheseTerms constitute the complete and entire set of terms between the Parties onthe subject of ‘terms of usage of the Website' (save and except the otherpolicies and terms referred to in these Terms) and shall supersede any and allother prior understandings, commitments, representations or agreements, whetherwritten or oral, between the Parties to these Terms.

3.      If any provision of these Terms shall be found by any court or administrative bodyof competent jurisdiction to be invalid or unenforceable, such invalidity orenforceability shall not affect the other provisions of these Terms, whichshall remain in full force and effect.

4.   In no event will any delay, failure or omission (in whole or in part) inenforcing, exercising or pursuing any right, power, privilege, claim or remedyconferred by or arising under these Terms or by law, be deemed to be orconstrued as a waiver of that or any other right, so as to bar the enforcementof that, or any other right, power privilege, claim or remedy, in any otherinstance at any time or times subsequently.