Terms Of Use
1. User Acceptance
- This is an agreement between Padath Infotainment Private limited, a private limited company
incorporated under the Indian Companies Act, 1956, the owner and operator of www.padath.com and the
“Social Mob App“ and the “Social Mob App User“ (A “Social Mob App
User“ is a person who has downloaded and installed a copy of the Social Mob Application.). These
Terms of Use administer your access to and use of the Services and Content and set forth the legally
required terms for your use of the Services and Content, whether or not you are a Social Mob App User or a
visitor to the Website.
- Certain areas of the Services (and your access to or use of Content)
may have different terms and conditions posted or may require you to
agree to and accept additional terms and conditions or to register for
certain uses of the Website or Services. If there is a conflict between
these Terms of Use and terms and conditions posted for a specific
area of the Website, Services or SocialMob Content, the latter terms
and conditions will take precedence with respect to your use of or
access to that area of the Website, Services or SocialMob Content.
- In order to use certain current or future portions or functionalities of
the Website, Services or SocialMob Content, you may be required to
register for a user name and password and thereby create a
“SocialMob Account“ (hereinafter referred to as “Account“).
SocialMob reserves the right to reject any user name selected by you
and/or revoke your right to any previously selected user name and
give such user name to any other person or entity in SocialMob ’s sole
discretion and without any liability to you. You are responsible for
maintaining the confidentiality of your Account credentials in order
to use the Services, and are fully responsible for all activities that
occur through the use of your credentials. You should use a robust
password to protect your Account through a combination of upper
and lower case letters, numbers and other characters. You agree to
notify SocialMob immediately of any unauthorized use of your
Account credentials or any other breach of security with respect to
your Account. SocialMob will not be liable for any loss or damage
arising from unauthorized use of your Account credentials prior to
you notifying SocialMob of such unauthorized use or loss of your
credentials.
- By agreeing the terms ,Explicit consent is given by the user to send and receive marketing
emails, Messages and other promotional materials.
2. User Information & Account
You agree to provide accurate, current, complete and non-misleading
information to SocialMob in connection with your creation of an Account
and during your use of the Services. SocialMob reserves the right to suspend
or terminate your access to the Website and/or Services if any information
provided to SocialMob in connection with your Account or use of the
Website and/or Services proves to be inaccurate, not current, incomplete or
misleading. If messages sent to an email address provided by you and
associated with your Account are returned as undeliverable, SocialMob
reserves the right to terminate your Account immediately with or without
notice to you and without any liability to you or any Third Party. You agree
that you will not use the SocialMob Application to access or use Third Party
services to which you do not have the right to access. If you are not a
SocialMob App User, then you may be permitted to browse all areas of the
Website or use the parts of the Services that are not limited to SocialMob
App Users only, except as otherwise limited by the functionalities of the
Website or Services (e.g., a SocialMob Account may be required for access
to certain Services).
3. Content
Certain types of content are made available through the Website and
Services. “Content“ means SocialMob proprietary content including but not
limited to any text, software, photo, graphics, video, music or any other
audio-visual content; SocialMob trademarks and logos or any other material
made available through the Website and Services, excluding Third Party
Materials and User Content. SocialMob App User may download
information from the Website for his/her own personal use only. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded information will be permitted without our express permission
or that of the copyright owner. SocialMob App User acknowledges that
he/she does not acquire any ownership rights by downloading copyright
material.
4. User Content
- “User Content“ means the text, data, graphics, images, photos, video
or audio-visual content, hypertext links and any other content that a
SocialMob App User uploads, posts, compiles or provides to
SocialMob via the Website, Application and Services, as applicable.
By making available any User Content through the Website,
Application and Services, you hereby grant to SocialMob and its users
a worldwide, non-exclusive, transferable, assignable, royalty-free
license, with the right to sublicense, use, copy, adapt, modify,
distribute, publicly display, publicly perform, transmit, stream,
broadcast, make available, communicate to the public and otherwiseuse and exploit (collectively,
“Use“) such User Content only on,
through or by means of the Website, Application and Services.
SocialMob does not claim any ownership rights in any such User
Content and nothing in these Terms of Use will be deemed to restrict
any rights that you may have to Use any such User Content. Licenses
granted with respect to any photographs, artwork or images uploaded
by you will terminate within 30 days following your deletion of such
User Content from the Services or the termination of your SocialMob
Account, but the license granted by you with respect to any other
User Content, including but not limited to any comments regarding
any aspect of the Services or communications with another
SocialMob App User of the Services, will be perpetual and
irrevocable. Notwithstanding the preceding sentence, you hereby
acknowledge and agree that SocialMob shall not be liable for any
Uses of your User Content by any Third Party that had access to your
User Content during the period in which your User Content was
available on or through the Services.
- You acknowledge and agree that you are solely responsible for all
User Content that you make available through the Website or
Services. Accordingly, you represent and warrant that: (a) you either
are the sole and exclusive owner of all User Content that you make
available through the Website or Services or you have all rights,
licenses, consents and releases that are necessary to grant to
SocialMob the rights in such User Content, as contemplated under
these Terms of Use; (b) neither the User Content nor your accessing,
posting, submission or transmittal of the User Content or SocialMob ’s
Use of the User Content (or any portion thereof) on, through or by
means of the Website and the Services will infringe, misappropriate
or violate a Third Party ’s patent, copyright, trademark, trade secret,
moral rights or other intellectual property rights, or rights of publicity
or privacy, or result in the violation of any applicable law or
regulation; and (c) no payments of any kind shall be due to any Third
Party, whether a copyright owner or an agent thereof, for any Use
made of the User Content (or any portion thereof) on, through or by
means of the Website and the Services.
5. Eligibility
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide
by and comply with these Terms of Use. In any case, you affirm that you are
at least 16 years old as SocialMob is not intended for children under 16. If
you are under 16 years of age, you are not permitted to use SocialMob.
6. Third Party Materials and Agreements
-
You may be able to access, review, display or use Third Party
services, resources, content or information (“Third Party Materials“)
via the Services. By using the Application to find and view material
on the Internet, you are directing SocialMob to present the Third
Party Materials that you have selected to you and enable other users
to discover such materials in accordance with your preferences. You
acknowledge sole responsibility for and assume all risk arising from
your access to, use of or reliance upon any such Third Party Materials
or User Content (defined below), and SocialMob disclaims any
liability that you may incur arising from your access to, use of or
reliance upon such Third Party Materials or User Content via a
SocialMob Application. You further assume all responsibility for any
data charges that you may incur for use of the SocialMob Application
and/or access to any Third Party Materials or User Content. Your
ability to access or link to Third Party Materials, User Content, or
Third Party services (including any Social Networking Services) does
not imply any endorsement by SocialMob of Third Party Materials,
User Content or any such Third Party services. You acknowledge and
agree that SocialMob: (a) is not responsible for the availability or
accuracy of such Third Party Materials or User Content or the
products or services on or available from such Third Party Materials
or User Content; (b) has no liability to you or any Third Party for any
harm, injuries or losses suffered as a result of your access to, reliance
on or use of such Third Party Materials or User Content; (c) does not
undertake or assume any duty to monitor the SocialMob Application
for inappropriate or unlawful content; and (d) does not make any
promises to remove Third Party Materials or User Content from being
accessed through the Services. Notwithstanding the foregoing,
SocialMob reserves the right to block or remove User Content or
Third Party Materials at any time in SocialMob ’s sole discretion.
- These Terms of Use do not authorize you to, and you may not,
reproduce, distribute, publicly display, publicly perform,
communicate to the public, make available, create derivative works of
or otherwise use or exploit any Third Party Materials in violation of
applicable copyright law, and the owners of such Third Party
Materials may have the right to seek damages against you for any
such violation.
7. Infringement of Intellectual Property Rights
Infringement of Intellectual Property Rights
You may not use the Website, Application or Services to offer, display,
distribute, transmit, route, provide connections to or store any material that
infringes copyrighted works or otherwise violates or promotes the violation
of the intellectual property rights of SocialMob or any Third Party.
SocialMob has adopted and implemented a policy that provides for thetermination in appropriate circumstances
of the accounts of SocialMob App
Users or access to the Website, Application and Services to SocialMob App
Users who repeatedly infringe or are believed to be or are charged with
repeatedly infringing the rights of copyright holders including that of
SocialMob.
8. Interactions between Users
You are solely responsible for your interactions (including any disputes)
with other SocialMob App Users. You understand that SocialMob does not
in any way screen SocialMob App Users. You are solely responsible for, and
will exercise caution, discretion, common sense and judgment in, using the
Website, Application and Services and disclosing personal information to
other SocialMob App Users. You agree to take reasonable precautions in all
interactions with other SocialMob App Users, particularly if you decide to
communicate with SocialMob App User offline or meet them in person.
Your use of the Website, Application, Services, SocialMob Content, and any
other content made available through the Website or Services is at your sole
risk and discretion, and SocialMob hereby disclaims any and all liability to
you or any Third Party relating thereto. SocialMob reserves the right to
contact SocialMob App Users, in compliance with applicable law, in order
to evaluate compliance with the rules and policies in these Terms of Use.
You will cooperate fully with SocialMob to investigate any suspected
unlawful, fraudulent or improper activity via the Services.
9. General Prohibitions
- You agree not to do any of the following while using the Website,
Application or Services
-
Access, post, submit or transmit any text, graphics, images,
software, music, audio, video, information or other material
that:
- infringes, misappropriates or violates a Third Party ’s
patent, copyright, trademark, trade secret, moral rights
or other intellectual property rights, or rights of publicity
or privacy, including but not limited to in any Third
Party Materials;
- violates, or encourages any conduct that would violate,
any applicable law or regulation or would give rise to
civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, vulgar, offensive, shocking or
objectionable;
- constitutes child pornography or child erotica
- promotes discrimination, bigotry, racism, hatred,
harassment or harm against any individual, group, class
of people or characteristics of any person;
- is violent or threatening or promotes violence or actions
that are threatening to any other person; or
- Promotes illegal or harmful activities or substances
(including, but not limited to activities that promote or
provide instructional information regarding the
manufacture or purchase of illegal weapons or illegal
substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Website or Services, or any
individual element or materials within the Website or Services, Social Mob ’s name, any Social Mob
trademark, logo or other proprietary information, the content of any text or the layout and design of any
page or form contained on a page, without Social Mob ’s express written consent;
- Access, tamper with or use non-public areas of the Website or
Services, SocialMob ’s computer systems or the technical
delivery systems of SocialMob ’s providers;
- Attempt to probe, scan or test the vulnerability of any
SocialMob system or network or breach any security or
authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or
otherwise circumvent any technological measure implemented
by SocialMob or any of SocialMob ’s providers or any other
Third Party (including another SocialMob App User) to protect
the Website, Services or Content;
- Send or post any unsolicited or unauthorized advertising,
promotional materials, email, junk mail, spam, chain letters or
other forms of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a
SocialMob trademark, logo URL or product name without
SocialMob ’s express written consent;
- Use the Website, Services or Content for any commercial
purpose or the benefit of any Third Party or in any manner not
permitted by these Terms of Use;
- Forge any TCP/IP packet header or any part of the header
information in any email or newsgroup posting, or in any way
use the Website, Services or Content to send altered, deceptive
or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse
engineer any of the software used to provide the Website,
Services or Content
- Interfere with, or attempt to interfere with, the access of any
SocialMob App User, host or network connected to the
Website or Services, including without limitation sending a
virus, overloading, flooding, spamming or mail-bombing the
Website;
- Collect or store any personally identifiable information from
the Website or Services from other SocialMob App Users of
the Website or Services without their express permission;
- Solicit login information or access an account belonging to
someone else;
- Use SocialMob to do anything misleading, malicious or
discriminatory;
- Impersonate or misrepresent your affiliation with any person or
entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the
foregoing.
- SocialMob will have the right to investigate and take all appropriate
legal action to prevent, stop or deter violations of any of the above,
including infringement of intellectual property rights and Website and
Services security issues. SocialMob may involve and cooperate with
law enforcement authorities in prosecuting SocialMob App Users
who violate these Terms of Use or the rights of any Third Party.
- You acknowledge that SocialMob has no obligation to monitor your
access to or use of the Website, Services or Content or to review or
edit any User Content or Third Party Materials, but has the right to do
so for the purpose of operating the Website and Services, to ensure
your compliance with these Terms of Use, or to comply with
applicable law or the order or requirement of a court, administrative
agency or other governmental body. SocialMob reserves the right, at
any time and without prior notice, to remove or disable access to any
Content, Third Party Materials, and any User Content, that
SocialMob, in its sole discretion, considers to be in violation of these
Terms of Use or otherwise harmful to the Website or Services.
- Sweepstakes and Contests: SocialMob may operate sweepstakes,
contests and similar promotions (collectively, “Promotions“) through
the Website, Application and Services. You should carefully review
the rules (e.g., the “Official Rules“) of each Promotion in which you
participate, as they may contain additional important information
about SocialMob rights to and ownership of the submissions you
make as part of the Promotions and as a result of your participation in
such Promotion. To the extent that the terms and conditions of such
Official Rules conflict with these Terms of Use, the terms and
conditions of such Official Rules will apply.
10. Termination
- Termination by SocialMob : Without limiting other remedies,
SocialMob may at any time suspend or terminate your account, or
refuse to provide you with access to the Website, Application or
Services. In addition, SocialMob may notify authorities or take any
actions it deems appropriate, without notice to you, if SocialMob
suspects or determines, in its own discretion, that you may have or
there is a significant risk that you have (a) failed to comply with any
provision of these Terms of Use or any policies or rules established
by SocialMob; or (b) engaged in actions relating to or in the course of
using the Website or Services that may be illegal or cause liability,
harm, embarrassment, harassment, abuse or disruption for you,
SocialMob App Users, SocialMob or any other Third Parties or the
Website or Services.
- Termination by SocialMob App User : Without limiting any other
terms of these Terms of Use, you may stop using the Website and
Services at any time.
- Following termination of your account, or if you remove any User
Content from SocialMob, we may retain your User Content for a
commercially reasonable period of time for backup, archival or audit
purposes, and we may retain an archived copy of your records as
required by law or for legitimate business purposes. Furthermore,
SocialMob and its users may retain and continue to use, store and
display any of your User Content that other SocialMob App Users
have stored or shared through SocialMob.
- After any termination, you understand and acknowledge that we will
have no further obligation to provide the Website, Application or
Services and all licenses and other rights granted to you by these
terms will immediately cease. SocialMob will not be liable to you or
any Third Party for termination of the Website, Application, Services
or termination of your use of any of them. Upon any termination or
suspension, any content, materials or information (including User
Content) that you have submitted on the Website or Application via
the Services will no longer be accessible by you via the Services.
- Any suspension, termination or cancellation will not affect your
obligations to SocialMob under these Terms (including, without
limitation, proprietary rights and ownership, indemnification, and
limitation of liability), which by their sense and context are intended
to survive and do survive such suspension, termination or
cancellation.
11. Dispute Resolution
-
You and SocialMob and each of our respective subsidiaries, affiliates,
predecessors in interest, successors and permitted assigns agree to
arbitration for all disputes and claims arising out of or relating to
these Terms or your use of the Service
- A party who intends to seek arbitration must first send to the other, by
certified mail, a written notice of intent to arbitrate (a “notice“), or, in
the absence of a mailing address provided by you to SocialMob, to
you via any other available method. The notice to SocialMob should
be addressed to www.padath.com
- The notice must describe the nature and basis of the claim or dispute;
and set forth the specific relief sought. If you and SocialMob do not
reach an agreement to resolve the claim within 30 days after the
notice is received, you or SocialMob may commence an arbitration
proceeding as set forth below. The arbitration shall be held in Cochin
and governed by the provisions of the Arbitration and Conciliation
Act, 1996 and subject to the following:
- The arbitration shall be conducted in the English language.
- A single independent and impartial arbitrator shall be
appointed by the Parties jointly.
- All arbitration proceedings shall be closed to the public and
confidential and all records relating thereto shall be
permanently sealed, except as necessary to obtain court
confirmation of the arbitration award.
- The award of the arbitrator shall be in writing and shall include
a statement setting forth the reasons for the disposition of any
claim.
- No class actions : You and SocialMob agree that either of them may
bring claims against the other only in your or its individual capacity
and not as a plaintiff or class member in any purported class or
representative proceeding. Further, you agree that the arbitrator may
not consolidate proceedings of more than one person ’s claims, and
may not otherwise preside over any form of a representative or class
proceeding. If this specific proviso is found to be unenforceable, then
you further agree that the provisions of this Agreement concerning
arbitration shall not apply to any action involving a purported class or
representative proceeding, and such actions between you and
SocialMob shall proceed and shall be subject to the exclusive
jurisdiction of the courts located in Cochin, Kerala.
- Equitable Relief : The foregoing provisions of this Dispute
Resolution section do not apply to any claim in which SocialMob
seeks equitable relief of any kind. You acknowledge that, in the event
of a breach of these Terms by SocialMob or any Third Party, the
damage or harm, if any, caused to you will not entitle you to seek
injunctive or other equitable relief against SocialMob, including with
respect to any User Content, and your only remedy shall be for
monetary damages, subject to the limitations of liability set forth in
these Terms.
- Claims : You and SocialMob agree that, notwithstanding any other
rights the party may have under law or equity, any cause of action
arising out of or related to these Terms of Use or the Website or the
Services, excluding a claim for indemnification, must commence
within 90 days after the cause of action accrues. Otherwise, such
cause of action is permanently barred.
- Improperly Filed Claims : All claims you bring against SocialMob
must be resolved in accordance with this Dispute Resolution Section.
All claims filed or brought contrary to this Dispute Resolution section
shall be considered improperly filed. Should you file a claim contrary
to this Dispute Resolution section, SocialMob may recover reasonable
Legal fees and costs, provided that SocialMob has notified you in
writing of the improperly filed claim, and you have failed to promptly
withdraw the claim.
12. Proprietary Rights:
There will be no obligation on SocialMob to support all or any versions of
the Internet software as may be required for offering Service(s)/ providing
access to Application. The User acknowledges that the underlying software
as well as other Internet related software which are required for accessing
the Application / availing the Service/s is the legal property of the respective
vendors. The permission given by SocialMob to access the Application or
avail the Service/s will not convey any proprietary or ownership rights in
such software. The User shall not attempt to modify, translate, disassemble,
decompile or reverse engineer the underlying software or create any
derivative product based on the software. All trademarks, service marks,
logos, trade names and any other proprietary designations of SocialMob
used herein are trademarks or registered trademarks of Padath Infotainment
Private Limited. Any other trademarks, service marks, logos, trade names
and any other proprietary designations are the trademarks or registered
trademarks of their respective Parties.
13. Indemnification
SocialMob App User agrees to defend, indemnify and hold harmless
SocialMob, its officers, directors, agents and employees from any Third
Party claims, actions, proceedings, and suits and related liabilities, damages,
settlements, penalties, fines, costs or expenses (including reasonable legal
costs and other litigation expenses) arising from your:
- Violation of these Terms or any other applicable terms or policies;
- Deletions, additions, insertions or alterations to, or any unauthorized
use of / access to Application, Website or Services;
- Use of the Application, Website or Services; or
- Actual or alleged violation of any Third Party rights, or any
applicable laws, regulations or rules.
14.Limitation of liability
In no event shall SocialMob or its respective officers, directors, agents or
employees shall be held liable to SocialMob App User or any Third Party
under any circumstances for any indirect, consequential, special, punitive or
exemplary, damages or losses, including but not limited to damages for loss
of profits, goodwill, use, data, or other intangible losses incurred in
connection with these terms or use/ inability to use, or unavailability of the
Services to the SocialMob App User.
15. Disclaimer of Warranties
You agree that your use of our Website, Application or Service shall be at
your sole risk. To the fullest extent permitted by law, SocialMob, its
officers, directors, employees, and agents disclaim all warranties, express or
implied, in connection with the Service and your use thereof. SocialMob
makes no warranties or representations about the accuracy or completeness
of the Content and assumes no liability or responsibility for any (i) errors,
mistakes, or inaccuracies of Content, (ii) personal injury or property
damage, of any nature whatsoever, resulting from your access to and use of
our service, (iii) any unauthorized access to or use of our servers and/or any
and all personal information and/or financial information stored therein, (iv)
any interruption or cessation of transmission to or from our service, (iv) any
bugs, viruses, trojan horses, or the like which may be transmitted to or
through our service through the actions of any Third Party, and/or (v) any
errors or omissions in any content or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available via SocialMob. SocialMob does not warrant,
endorse, guarantee, or assume responsibility for any product or service
advertised or offered by a Third Party through SocialMob or any
hyperlinked website or featured in any SocialMob App User status
submission or other advertising, and SocialMob will not be a party to or in
any way be responsible for monitoring any transaction between you and
third-party providers of products or services. As with the purchase of a
product or service through any medium or in any environment, you should
use your best judgment and exercise caution where appropriate.
16. Miscellaneous
-
Notices: You consent to the use of: electronic means to complete
these Terms of Use and to deliver any notices or other
communications permitted or required hereunder; and electronic
records to store information related to these Terms of Use or your use
of the Website or Services. Any notices or other communications
- Amendment: We may amend these Terms at any time by posting a
revised version on www.padath.com/SocialMob/terms or any other
website we maintain for purposes of providing the Services.
Amended Terms are effective at the time it is posted and SocialMob
App User ’s continued use of the Services shall be construed as
acceptance of any amended Terms. SocialMob shall also notify its
Users of the change in Terms by sending notifications to the User ’s
registered Mobile Number.
- Relationship: You agree that no joint venture, partnership,
employment or agency relationship exists between you and
SocialMob as a result of these Terms or your use of the Application,
Website or the Services. You further acknowledge that by submitting
User Content, no confidential, fiduciary, and contractually implied or
other relationship is created between you and SocialMob other than
pursuant to these Terms.
- Force majeure: SocialMob App User understands and agrees that
SocialMob will not be held responsible for any losses or damages
resulting from suspension of service due to extraordinary events or
circumstances beyond our control. In such an event, SocialMob may
suspend the Services and deny access to Application, Website and
Contents.
- Assignment: Padath Infotainment Private Limited shall be entitled to
sell, assign, securitize or transfer right and obligations of SocialMob
under the Terms, and any security being in favour of Padath
Infotainment Private Limited (including all guarantee/s) to any person
of its choice in whole or in part and in such manner and on such terms
and conditions as it may decide. Any such sale, assignment,
securitization or transfer shall conclusively bind the SocialMob App
User and all other persons. Padath Infotainment Private Limited may
sub-contract and employ agents to carry out any of its obligations
under this contract. However, SocialMob App User shall not be
entitled to transfer or assign any rights and obligations hereunder.
- Governing law: These Terms and/or the operations of the Website,
Application and Services shall be governed by the laws of India. The
SocialMob App User hereby agrees that any legal action or
proceedings arising out of the Terms shall be brought in the courts or
tribunals at Cochin in India and irrevocably submit themselves to the
jurisdiction of such Courts and Tribunals. SocialMob may, however,
in its absolute discretion, commence any legal action or proceedings arising out of the Terms in any other
court, tribunal or other
appropriate forums, and the SocialMob App User hereby consents to
that jurisdiction. Any provision of the Terms which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective to the extent of prohibition or unenforceability but shall
not invalidate the remaining provisions of the Terms or affect such
provision in any other jurisdiction.
17. Complete Agreement
These Terms of Use along with any other applicable terms and
policies that SocialMob App User has agreed constitute the entire and
exclusive understanding and agreement between SocialMob and you
regarding the Website, Services and Content, and these Terms of Use
supersede and replace any and all prior oral or written
understandings, drafts, undertakings, representations, warranties and
arrangements of any nature whatsoever between SocialMob and you
regarding the Website, Services, and Content. The heading references
used in these Terms of Use are for convenience purposes only and do
not constitute a part of these Terms of Use and shall not be deemed to
limit or affect any of the provisions hereof.
Draft for discussion purpose only
Private & Strictly Confidential
18. Waiver
No failure or delay by SocialMob in exercising any right or remedy
provided by law under or pursuant to these Terms shall impair such
right or remedy or operate or be construed as a waiver or variation of
it or preclude its exercise at any subsequent time and no single or
partial exercise of any such right or remedy shall preclude any other
or further exercise of it or the exercise of any other right or remedy.
Draft for discussion purpose only
Private & Strictly Confidential
19. Severability
If any provision of this Term is or becomes invalid, illegal or
unenforceable under the laws of any jurisdiction, then such provision
shall (so far as it is invalid or unenforceable) be given no effect and
shall be deemed not to be included in this Terms but without
invalidating any of the remaining provisions of this Terms which
shall not in any way be affected or impaired. SocialMob shall then use
all reasonable endeavours to replace the invalid or unenforceable
provisions with a valid and enforceable substitute provision,
achieving as nearly as possible the intended commercial effect of the
invalid, illegal or unenforceable provision.
Draft for discussion purpose only
Private & Strictly Confidential