Ginteja Insurance Brokers Private Limited (hereinafter referred to as “Ginteja” or “We” or “Us” or “Our”) welcomes you at ‘www.gintejainsurance.com or mobile applications thereof accessible through various internet enabled smart devices (individually and collectively referred to as “Platform”) for providing access and choice to buy insurance products from various insurance companies, and related services and any offerings that are incidental and ancillary thereto (‘Services’), as available on the Platform. Ginteja is not an insurance company it is – a licensed Insurance Broking Company holding a Broking licence (Direct Broker – Life & General) from the Insurance Regulatory and Development Authority of India bearing Registration No. 828 – valid till 03/07/2025 (renewable)

This ToU Agreement is effective from the time you visit our -platform. We reserve the right, at any time, at our sole discretion, to change or otherwise modify the ToU Agreement without prior notice, and your continued access or use of Platform – signifies your acceptance of the updated or modified ToU Agreement.

THESE TERMS OF USE (“Terms Of Use”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

Governing Document :

The Platform is owned by Ginteja Insurance Brokers Private Limited a company incorporated under the Companies Act, 2013 with its registered office at 25D Harish Mukherjee Road, 1E, 1st Floor, Kolkata- 700025. These Terms of Use available at the Platform govern terms on which Ginteja offers the guest users or registered users (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) access to the Platform for availing Services. If You transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction.

It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

Acknowledgment and Acceptance :

These Terms of Use together with below listed documents/policies (without limitation) available either at Platform or entered separately by Ginteja with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Platform, constitutes the entire agreement (“Agreement”) between Ginteja and You.

You acknowledge and agree that Your usage (defined below) of the Platform are strictly regulated and governed by the terms and conditions of this Agreement.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE PLATFORM, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES, ANY ADVERTISMENT/INFORMATION AT OR THROUGH THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM.

Description of Services :

Through Platform Ginteja provides users with access to information primarily about Insurance products and services including but not restricted to General ¬¬Insurance, Life Insurance products and related services (including but not limited to renewals) (the “Service”). You are responsible for obtaining access to the Site / Mobile Application, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site / Mobile Application. By making use of this Site / Mobile Application, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that Ginteja may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders etc.) and to fulfill your demand. You also agree that Ginteja reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or sms. You agree to receive promotional materials and/or special offers from Ginteja through email or sms.

Responsible Use and Conduct :

By accessing our platforms the information, resources, services, products, and tools therein, we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by the terms of this ToU Agreement, and/or applicable laws, regulations and generally accepted online practices or guidelines.

Where in, you understand that:

• To access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, which should be accurate, correct, and up to date
• By providing your information you explicitly authorize us to access on your behalf your records from the competent authority, such as Aadhar, RTO, etc. for the purpose of facilitation of your transaction with us.
• You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources.
• You are not permitted to access or attempt to access our Resources by any unconventional means, engaging yourself in such activity might lead to punishment under lawful Act/Acts.
• Engaging yourself in any disruption with our Resources, servers and/or network set is strictly prohibited.
• Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
• You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liabilities.

License and Site / Mobile Application Access

Ginteja grants you a limited license to access and make personal use of the Platform and the Service. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Site / Mobile Application and the framing of any Content available through the Site / Mobile Application uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Ginteja’s sole discretion) an unreasonable or disproportionately large load on Ginteja’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Ginteja to prevent or restrict access to the Site / Mobile Application. Any unauthorized use by you shall terminate the permission or license granted to you by Ginteja. By using the Site / Mobile Application you agree not to: (i) use this Site / Mobile Application or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (iii) access, monitor or copy any content or information of this Site / Mobile Application using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site / Mobile Application or bypass or circumvent other measures employed to prevent or limit access to this Site / Mobile Application; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site / Mobile Application (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Site / Mobile Application into any other website without our prior written authorization.

Eligibility :

The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Ginteja for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Site / Mobile Application.

Your Account :

In consideration of your use of the Site / Mobile Application, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Site / Mobile Application to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about the ToU and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Site / Mobile Application. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Ginteja has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ginteja has the right to suspend or terminate your account and refuse any and all current or future use of the Site / Mobile Application (or any portion thereof). If you use the Site / Mobile Application, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit/logout from your account at the end of each session. You agree to notify Ginteja immediately of any unauthorized use of your account or any other breach of security. Ginteja reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site / Mobile Application and the Services we offer, at any time and for any reason, including, but not limited to, for violation of the ToU or Privacy Policy. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such Services, and/or in our debiting your account for any costs we incur as a result of such violation.

Disclaimer of Online Availability, Impressions, And Click-Throughs :

In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of www.gintejainsurance.com, its web pages, and any material, information, links, or content presented on the web pages at www.gintejainsurance.com, its web pages, and any material, information, links, or content presented on the web pages at www.gintejainsurance.com, may be unavailable for online access at any time. Advertising sponsors and advertising, if any and if permitted, must be approved by Ginteja before the posting of any advertising material, information, links, content, banners, and graphics on www.gintejainsurance.com. Ginteja reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.

Cancellation & Refund/Chargeback Terms and Conditions :

(a) Free look period Cancellation and Refund

As per the IRDAI rules and regulations, you have the right to cancel your insurance policy within 15(fifteen) days from the date of (online) receipt of insurance policy (referred to as “Free look period”) and refund of your premium amount shall be processed as per the applicable process and procedures followed by the insurer. This Free look facility can be availed only for Life and Health insurance policies, subject to certain other terms and conditions specified by IRDAI. We encourage all our customers to read the insurance policy document carefully and avail the free look facility in case the terms and conditions of the insurance policy document don’t match your insurance requirements. Further, you understand that once you place a cancellation request within the Free look period, the policy gets cancelled and entire premium is refunded to you subject to deduction of (i) charges pertaining to medical tests conducted (ii) administrative and service cost like stamp duty etc. and (iii) Charges for mortality for the period the policy was in force. Please note such deduction is at the sole discretion of the insurer.

(b) Chargebacks

You (cardholder) may dispute a transaction carried out through our website and file a Chargeback with your issuing bank for the reversal of that transaction. Chargeback allows transactions to be reversed by you under specified circumstances such as, on account of (i) alleged forgery of the card number / bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the card association (Visa, MasterCard, etc.) warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, card Associations, your card/payment instrument issuing bank etc. However, we reserve the right to reject a Chargeback, including but not limited to, under the following circumstances:

1. In the event your medical tests or underwriting is in process with your chosen insurer, not exceeding a period of 3 months from the date of your insurance policy application

2. In the event there is any delay caused on the part of the insurer in conducting medical tests or during the process of medical underwriting or issuance of insurance policy or any service provided by the insurer in connection with the insurance policy issuance, not exceeding a period of 3 months from the date of your insurance policy application

3. In case your insurance policy application is rejected by the insurer, post your medical test Our Company shall not be liable to you, in any form or manner whatsoever, for any claims, disputes, proceedings which may arise in connection with Chargebacks initiated by you in the circumstances as specified under (a) & (b) herein above.

License Disclaimer

Nothing on any Ginteja website shall be construed as conferring any license under any of Ginteja’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.

Local Laws

Ginteja is compliant as per the local, state and central laws. We endeavour to provide information under its control or possession, or assistance to any Government agency which is lawfully authorised to investigate or protect cybersecurity activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents as soon as possible, but not later than seventy two hours of the receipt of an order or as per the timelines specified in any government or regulatory order. Accordingly, our Grievance officer and our legal team is authorized to receive and acknowledge any order, notice or direction issued by the Appropriate Government, any competent authority, or a court of competent jurisdiction. Ginteja controls and operates this Website from its headquarters in Kolkata, India and makes no representation that the materials on the website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. Disputes if any shall be subject to the exclusive jurisdiction of Courts at Kolkata.

Limitation of Liability

You expressly understand and agree that Ginteja and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ginteja has been advised of the possibility of such damages), resulting from use of the Site / Mobile Application, content or any related services. If, despite the limitation above, Ginteja or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Ginteja and/or Its Affiliates will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Ginteja in connection with such transaction(s) on this Site / Mobile Application, or (b) Rupees One Hundred only (INR 100). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Ginteja, Its affiliates, and/or their respective service providers.

Indemnity

You agree to indemnify and hold Ginteja (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this ToU, your violation of any law or the rights of a third party, or your use of the Site / Mobile Application.

Electronic Communication

When you use the Site / Mobile Application or send emails to Ginteja, you are communicating with Ginteja electronically. You consent to receive communications from Ginteja electronically. Ginteja may communicate with you by email or by posting notices on the Site / Mobile Application or by phone or usually available means of communication. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property Rights

The trademarks, logos, and service marks (“Marks”) displayed on the Site / Mobile Application are the property of Ginteja/its parent company and other associated parties and service providers.

All content and materials available on Ginteja, including but not limited to text, graphics, website name, code, images, and logos are either the intellectual property of Ginteja or under licensed use, permission by Ginteja, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Ginteja.

Indemnification

You agree to indemnify and hold Ginteja ( its parent company, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees) harmless from any claim or demand, penalties or other costs or expenses of any kind or nature, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the ToU, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

• The use of our Resources will meet your needs or requirements,
• The use of our Resources will be uninterrupted, timely, secure or free from errors,
• The information obtained by using our Resources will be accurate or reliable, and
• Any downloads from Ginteja will not harm your computer or device in any way.

To the maximum extent permitted by law, Ginteja has no liability in relation to or arising out of the Website Information and recommendations. You are responsible for the final choice of your product. Please seek further advice from Ginteja or the relevant participating insurance companies before choosing your product, if you have any doubts or queries about the same.
Furthermore, Ginteja does not guarantee when or if you will actually acquire the product that you have chosen and does not accept any liability arising out of delay in you acquiring the product you have chosen. You acknowledge and accept that the final issuance of the policy is subject to the underwriting norms and sole discretion of the insurance company whose policy you have chosen to buy.

Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

Privacy

Your privacy is very important to us, and it is maintained in separate section (Privacy Policy)

Severability:

If any clause of this ToU shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.

Force Majeure

Ginteja shall not be liable for any failure and/or delay on its part in performing any of its obligation under this ToU and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.

“Force Majeure Event” means any event due to any cause beyond the reasonable control of Ginteja, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, pandemic, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, breakdown and/or hacking of the Platform and/or Contents provided and/or services under the Platform, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of Ginteja hereto which prevents timely fulfilment of obligation of Ginteja.

Site-Provided Email and Postings

The Site / Mobile Application may provide users with the ability to send email messages to other users and non-users and to post messages on the Site / Mobile Application. Ginteja is under no obligation to review any messages, information, or content (“Postings”) posted on the Site / Mobile Application by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Ginteja may from time to time monitor the Postings on the Site / Mobile Application and may decline to accept and/or remove any email or Postings. You understand and agree that you shall not to use any functionality provided by the Site / Mobile Application to post content or initiate communications or host, display, upload, modify, publish, transmit, store, update or share any information that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law for the time being in force or is defamatory, obscene, pornographic, paedophilic, invasive of another privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (ii) Advertisements or solicitations of any kind; (iii) Impersonate others or provide any kind of false information or belongs to another person and to which the user does not have any right; (iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.; (v) Messages by non-spokesperson employees of Ginteja purporting to speak on behalf of Ginteja or containing confidential information or expressing opinions concerning Ginteja; (vi) Messages that offer unauthorized downloads of any copyrighted or private information or infringes any patent, trademark, copyright or other proprietary rights; (vii) Multiple messages placed within individual folders by the same user restating the same point; (viii) Chain letters of any kind; (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; (x) is harmful to child; (xi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (xii) impersonates another person; (xiii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (xiv) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or (xv) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. This prohibition includes but is not limited to a) Using Ginteja to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Ginteja to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

Modification and Notification of Changes

Ginteja reserves the right to make changes to the Site / Mobile Application, related policies and agreements, this ToU and the Privacy Policy at any time. If Ginteja makes a material modification to this ToU, it may notify you by: (i) displaying a prominent announcement above the text of this ToU or the Privacy Policy, as appropriate, for thirty (30) days, being deemed sufficient notification, of such changes. After notice of a modification to the ToU or the Privacy Policy has been posted for 30 days, the notice will be removed. If you have not used the Site / Mobile Application for more than 30 days, you should check the ToU and/or Privacy Policy prior to any further use of the Site / Mobile Application. Should you wish to terminate your account due to a modification to the TOU or the Privacy Policy, you may do so by sending an email with the subject line “Termination” to the following email address: help@ginteja.com. If you choose to continue using the Site / Mobile Application, you agree that by doing so you will be deemed to accept the new ToU or Privacy Policy, as relevant.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site / Mobile Application are the property of Ginteja/its parent company and other associated parties and service providers. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Ginteja or such third party which may own the Marks. All information and content including any software programs available on or through the Site / Mobile Application (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site / Mobile Application for commercial or public purposes.

General

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This ToU and the relationship between you and Ginteja will be governed by the laws of the India without regard to its conflict of law provisions. You and Ginteja agree to submit to the personal jurisdiction of the courts located in Kolkata jurisdiction with respect to any legal proceedings that may arise in connection with this ToU. The failure of Ginteja to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Ginteja does not guarantee it will take action against all breaches of this ToU. Except as otherwise expressly provided in this ToU, there shall be no third-party beneficiaries to this ToU. This ToU constitutes the entire agreement between you and Ginteja and governs your use of the Site / Mobile Application, superseding any prior agreements between you and Ginteja with respect to the Site / Mobile Application.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement.

Governing Law and Jurisdiction:

This ToU Agreement and the Privacy Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Kolkata, West Bengal, India shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.

Miscellaneous:

Except as explicitly stated otherwise, any notices shall be given by postal mail/email.
On behalf of Ginteja to:
Ginteja Insurance Brokers Private Limited
Address: 25D, Harish Mukherjee Road, 1E, 1St Floor, Kolkata -700025
Email: help@ginteja.com

On behalf of User to :
All notices with respect to these Terms of Use from Ginteja will be served to You:
By email (as provided by You at the time of Registration or communicating with Ginteja) or by general notification on the Platform.

You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Ginteja ’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Ginteja to any third parties without the requirement of seeking Your prior consent. Ginteja shall have right to transfer Your Account and Account Information to a third party who purchases Ginteja ’s business as conducted under the Platform.

If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement. Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

You and Ginteja are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Ginteja.

Rights and obligations under this Agreement, which by their nature should survive or are expressly so stated herein, shall remain in full force and effect notwithstanding any expiry or termination of this Agreement.