TRANSPORTATION SERVICE AGREEMENT
In respect of TM TAXIMOVER LTD
In respect of TM TAXIMOVER LTD
1.1. TX TAXIMOVER LTD, a limited liability Company registered at the Department of Registrar of Companies with VAT number CY 10418618R, having its registered office address at Makarios C’ Avenue, Loucaides Court, 4th Floor, Mesa Geitonia 4000, Limassol, Cyprus (hereinafter referred to as the “Company”) hereby offers Transfer, Bookings and Chauffeured Car Rental Services (hereinafter referred to as the “Services”) further described in Clause 2 hereof and available at https://www.taximover.com and at all subdomains (hereinafter cumulatively referred to as the “Sites” and singularly as the “Site”) to Internet Users (hereinafter cumulatively referred to as the “Users” and singularly as a “User”) under the terms and conditions described on the Site and in this Agreement.
1.2. By visiting the Site and/ or by proceeding to any payment, under the provisions of this Agreement, the User engages in our “Services” and agree to be bound by the following terms and conditions (hereinafter “Terms and Conditions” or “Terms of Service”), including those additional terms, conditions and policies referenced herein and/announced from time to time on the Site. These Terms of Service apply to all Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content. This Transportation Service Agreement (hereinafter referred to as the “Agreement”) shall come into force and become legally binding between the Company and the Users (hereinafter cumulatively referred to as the “Parties” and singularly as a “Party”) at the moment when the User accepts the Terms and Conditions on the Site. The User shall read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, the User agrees to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.3. When the User proceeds with and/ or makes the payment as described in Clause 2 hereof, it shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any of the provisions of this Agreement, the User shall not proceed with using the Services provided at the Site.
1.4. The Company reserves the right to change or modify this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms his acceptance of the revised Agreement. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User may not use the Service.
1.5. Any new features or tools on the Site shall also be subject to the Terms of Service. The User shall review the most current version of the Terms of Service at any time on the Site. The Company reserves the right to update and/ or amend and/ or replace and/ or remove any part of these Terms of Service by posting updates and/or announcement on the Site. It is the User’s responsibility to visit the Site periodically any of the aforementioned updates, amendments, replacements or removals.
1.6. This edition of the Agreement enters into force on 17th day of May, 2021 and is effective until the following edition is adopted.
1.7. Any time frames specified in this Agreement shall be determined by the UTC+0 time zone, unless otherwise expressly indicated herein. The beginning and the end of calendar dates specified in this Agreement, including the commencement and completion of any term, are determined by the beginning and the end of the respective 24-hour period in the UTC+0 time zone.
2. DESCRIPTION OF SERVICE
2.1. The Service allows the User to search for private transportation service providers using the list of the partner organizations and/ or businesses and/ or any physical or legal person (hereinafter cumulatively referred to as the “Carriers” and singularly as the “Carrier”), provided by the Site which have entered into separate agreements with the Company.
2.2. After completing the registration process on the Site, the User shall obtain access to an account of the Site (hereinafter referred to as the “Personal Account”) accessible for the User and/ or the contact persons or person appointed by him, and/ or persons acting on behalf of him, which contains information about the User and/ or his contact persons or person and/ or person or persons acting on behalf of him. The User may add information about his contact persons, to enable them to use the Service through the User’s Personal Account.
2.3. The User may, though his Personal Account, place requests to search for private passenger transportation services (hereinafter referred to as “Requests”) provided by the Carriers, and shall specify essential and additional terms and conditions for provision of such service (including the start date and time, route or amount of time for vehicle rent, vehicle class, number of passengers, availability and amount of luggage, availability of child safety seats, availability of additional services in the car, etc.). A Carrier may agree to provide services for a certain Request and send to the User counter-proposal for provision of services (hereinafter – the “Offer”) via the Site. By submitting a Request, the User may receive an unlimited number of Offers by more than one Carrier and the User is entitled to accept one of the received Offers, under such terms and conditions agreed between the Carrier and the User (hereinafter referred to as the “Transfer”).
2.4 (A) The transportation agreement is considered to be concluded between the User and the Carrier under the Terms and Conditions agreed and/ or consented in the Offer (hereinafter referred to as the “Transportation Contract”), simultaneously with the conclusion of this Agreement, once the User proceeds to the completion of the payment of the cost of the Transfer (hereinafter referred to as the “Transfer Price”), according to Clause 3.1 herein below regarding each one of the received Offers.
(B) The Carrier reserves the right to refuses to provide the Services under the Terms and Conditions of the Transfer, without cause and at any time before the Transportation Contract is concluded and within twenty four (24) hours after the Transportation Contract has been concluded by giving a written termination notice, via the Site. The Transportation Contract will be terminated by the Carrier and the User shall either be refunded for the whole amount, within seven (7) working days or chose to keep the amount of the Transfer Price in his Personal Account and spend it anytime he wishes to use the Services on the Site.
(C) In case the Carrier terminates the Transportation Contract within twenty four (24) hours and/ or cancels the Transfer before the conclusion of the Transportation Contract, other Offers shall be sent as a response to the said User’s Request. The User hereby acknowledges and expressly agrees that:-
i. Under no circumstances shall the Company in any way have any liability or responsibility (or either of them) towards the User arising under or in relation to the Transportation Contract made between the Carrier and the User and/ or for any loss, damage, expense or cost arising from any act, default, omission or misconduct on the part of any Carrier. The User’s ability to obtain the Service through the use of the Site does not render the Company as a provider of the Transportation Service or as a Carrier of the Transfer.
ii. To the extent that the Carrier is performing his duties under the Terms and Conditions of the Transfer agreed between him and the User, the Carrier’s liability (whether arising from breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, or otherwise) shall be limited or excluded as set forth in the Transfer agreed between the Carrier and the User.
iii. The Users who have not reached the age of majority under the laws of the country wherein the Transfer will take place are not permitted to receive transportation services using the Service, without the presence of a parent and/ or a legal guardian who will be at full legal age. Persons who have not attained this age are not permitted to use the Service independently, but may participate in Transfers accompanied by adults (passengers at full legal age).
iv. Due to the nature of the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information between the User and the Carrier as well as to transfer and/ or deliver the payment of the Transfer Price for a Transfer, received from the User to the Carrier. The Company shall not be liable for the credibility of the information passed, or for the due and in good faith performance of the Carrier’s obligations and/ or any terms and conditions agreed in the Transportation Contract and/ or the Offer and/ or the Transfer between the Carrier and the User. The Company bears no responsibility for any losses including the loss of gains and physical losses and damages in any way determined by the use of the Service.
v. The Service, the software used for the provision of the Service and other content of the Site through which the Service is available are protected by the Company’s or third parties’ intellectual property rights. The User is hereby granted a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the respective intellectual property solely in connection with his use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
vi. The Company shall not be required to perform any covenant or obligation in this Agreement or be liable in damages to the User so long as the performance or the non-performance of any of the Services and/ or any technical limitations and restrictions on the Site which include (but are not limited to) inaccessibility, delays in the transmission of communication at a particular time were caused by or prevented by an act of God or force majeure.
vii. The User agrees that his use of, or his inability to use, the Service is at his sole risk and that the Service and any information provided to the User are provided “as is” and “as available” for the User’s use, without any representation, warranties or condition of any kind, either express or implied.
viii. In case of violation by the User of the provisions of Clause 6.1(B) of this Agreement, the Company has the right to suspend and/ or not permit User’s access to the Services and/ or discontinue the Services and/ or suspend the payment of any amount or amounts due towards the User, in accordance with Clause 4 of this Agreement. If the User fails to fulfil the obligation, as provided in Clause 6.1 (B) of herein below, the Company has the right to terminate this Agreement, according to the provisions of Clause 13, of this Agreement.
ix. The Parties’ relationship, as established by this Agreement fall exclusively within the Agreement contained herein and nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract and/ or agreement or have any rights and obligations before each other within any other agreement and/ or form of agreement.
3. PAYMENT OF TRANSFER PRICE
3.1. The User shall pay the whole amount of the Transfer Price, as set out under this Clause, once the Transportation Contract is concluded, according to Clause 2.3 of this Agreement. The payment of the Transfer Price shall be made in full and solely through the Site via one of the payment options offered and/ or instructions provided on the Site. The Company shall further transmit the payment of the Transfer Price to the Carrier, subject to the terms and conditions of a separate agreement between the Company and the Carrier. In addition to the Transfer Price, the User shall pay the Company VAT, if applicable, at the prevailing rate.
3.2. Any sum payable to the Carrier shall be paid strictly by the Company and, under no circumstance, will the Carrier seek payment from the User.
3.3. The User shall not pay for any further costs of transportation, including (but not limited to) toll roads, turnpikes, or any unforeseen road fees and the Carrier is prohibited from receiving any cash from any of the Users. The full payment of the Transfer shall be subject to the provisions of the Transportation Contract.
3.4. The Company does not collect, process and/ or store User’s credit card data.
3.5. The User agrees that once the payment of the Transfer Price is made to the Company’s account, the Company has the right to add to the Transfer Price any processing charges which are due to, under the relevant agreements between the Company and its banks and/or payment systems as well as the operating expenses. The User also agrees that the Transfer Price with any charges may be debited from the User’s bank/card account in other currency than one previously selected if the payment in a specific currency and/or the mandatory currency conversion are stipulated by the bank and/or payment system effecting the payment. In case the Transfer is cancelled at the User’s discretion as provided in Clause 4 of this Agreement, the amount and/ or amounts of processing charges specified herein shall not be refunded to the User.
3.6. Unless this Agreement provides otherwise:-
(A) all payments made by the User under this Agreement shall be made gross, free of right of counterclaim or set off and without deduction or withholding of any kind other than any deductions or withholding required by the Law; if the User makes a deduction or withholding required by the Law from any payment, the sum due shall be increased to the extent necessary to ensure that, after the making of any such deduction or withholding, the Company receives a sum equal to the sum it would have received had no deduction or withholding been made;
(B) there are no cost limits for making payments for Transfers;
(C) all payments made by the Company shall be deemed to be inclusive of all taxes that may be payable by the User in connection with the payment, and the payment of such taxes are the User’s sole responsibility. Under no circumstances shall the Company have an obligation to deduct or withhold any tax when making any payment to the User.
4. CANCELLATION OF TRANSFER AND TERMINATION OF THE TRANSPORTATION CONTRACT
4.1. This Agreement may not be terminated, except as expressly provided herein, nor may any of its provisions be amended or waived.
(A) The User may unilaterally cancel the Transfer, any time before the conclusion of the Transportation Contract though Site via the Personal Account or by sending an e-mail and/ or a written notification to the Company’s support, as provided in Clause 17 herein below.
(B) The Transfer may be canceled in respect of one of the directions and/ or routes, in case the Transfer between the User and the Carrier was agreed to the round trip route (“there and back”), under the observance of the rules and deadlines for Transfer cancellation provided in Clause 4 of this Agreement. The Carrier may refuses to provide the Transfer Service before the conclusion of the Transportation Contract by notifying the User, through the Site, and the User will be entitled to accept the Offer of another Carrier or cancel the Request for Transfer.
(C) A change by the User of the essential Transfer conditions (such as the pick-up time, the Transfer route, the number of passengers, vehicle class, etc.) which were included in the Offer, equates to the cancellation of the Transfer initiated by the User, and the Carrier reserves the right to refuse to perform the Transfer Service under the changed conditions.
4.2. In case of Termination of the Transportation Contract, either from the part of the Carrier or from the part of the Company, according to the provisions of this Agreement, the payment for the Transfer Price, under Clause 3 of this Agreement, by the User to the account of the Company for the Transportation Contract, the Transfer Price shall be indicated in the User’s Personal Account and be available for payment for other Transfers and/ or Offers in the following cases:
(A) the User cancels the Transfer through his Personal Account, via the Site or changes its essential terms before the expiration of the termination period agreed in the Offer (the termination period shall end no later than forty eight (48) hours before the agreed pick-up time);
(B) due to Carrier’s loss or damage arising from any act, default, omission or misconduct or failure to comply with the vehicle tracking clause specified in the Offer which results to the cancellation of; or
(C) the Transfer is cancelled and/ or the Transportation Contract is terminated by the Carrier or the Company, excluding the cases when the Transfer was performed by another Carrier.
4.3 Until the end of COVID-19 pandemic as well as in all other cases specified in Clause 8.1.(G) hereunder the amounts received as payment for the Transfer Price shall be returned by means of indicating the amount due in the User’s Personal Account. Such amount shall be used for payment of other Transfers or returned to the User’s bank account when the force-majeure ends. The User is entitled, under such circumstances to request for the return of the payment of the Transfer Price and he shall be refunded within seven (7) working days. The User hereby acknowledges and agrees that the Company accepts funds from the User solely for the purpose of transferring them to the Carriers in order to pay for the Transfers and is not entitled to independently manage such funds, therefore the Company cannot make refunds to the User for reasons other than those provided in this Agreement.
4.4. No payment return is allowed in case the User or another passenger on whose behalf the User placed a Request does not show up at the pick-up place and time agreed in the Offer or does not show up sixty (60) minutes after the agreed pick-up time in the Offer at the airports, sea or river passenger port terminals, or does not show up thirty (30) minutes after the agreed pick-up time in the Offer at railway stations, or does not show up fifteen (15) minutes after the agreed pick-up time in the Offer at any other place, or does not show up five (5) minutes after the agreed pick-up time in the Offer regardless of the agreed pick-up place if the Request for such Transfer was placed in via the Site by the User thirty (30) minutes before the agreed the pick-up time, as well as in case the User brought forward for the Transfer Special Cargo which transportation was not agreed or any cargo forbidden to be carried.
5. USER’S REPRESENTATIONS AND WARRANTIES
The User represents and warrants at all times he uses the Service that:
(A) the User has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and that the User has full power, authority and capacity to comply with this Agreement and his obligations contained herein;
(B) the User’s compliance with this Agreement is lawful and his obligations hereunder are legally binding and valid;
(C) the User has carefully and thoroughly read and understood this Agreement;
(D) the User is and has always been compliant with this Agreement;
(E) in entering into this Agreement the User has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement;
(F) all information provided by the User is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Company enters into this Agreement with him in reliance on the representations and warranties set out in this clause.
6. USER’S ONGOING OBLIGATIONS
The User shall:
(A) regularly monitor and review any announcements and/ or notifications connected with the Service and/ or his Personal Account created on the Site;
(B) purchase and use the Service only for the purposes and in the manner expressly permitted by this Agreement;
(C) notify the Company immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect, via the Site of by sending a written notification and/ or declaration to the Company’s support address firstname.lastname@example.org or to the following postal address: 3, Archiepiskopou Makariou III, 4000 Mesa Geitonia, Limassol, Cyprus;
(D) not engage in any activity that interferes with or disrupts the Service in any way;
(E) be fully responsible for keeping, the information required to access his account (including the password) store such information, ensure its confidentiality, security, the absence of any distortion and proper control over storage;
(F) not remove any copyright, trademark or other proprietary notices from any portion of the Service;
(G) not reproduce, modify, use for compilation, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company;
(H) not modify, analyze, decompile, decode, restore the source code of the Service or any of its parts except as may be permitted by applicable law;
(I) not link to, mirror or frame any portion of the Service;
(J) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;
(K) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks;
(L) not use or reference in any manner the Company’s names, logos, product and service names, trademarks or services marks;
(M) not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the User accesses the Service;
(N) observe all applicable laws and regulations (including tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service;
(O) provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.
7. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
The User hereby accepts that, to the fullest extent permitted by law:
(A) no warranty is given in respect of the Service or any information provided to the User; and
(B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:
(i) any implied warranties of merchantability, fitness for a particular purpose or non-infringement;
(ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time;
(iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.
8. LIMITATIONS OF THE COMPANY’S LIABILITY
8.1. Subject to the terms, conditions and provisions of the present Agreement and the laws of the Republic of Cyprus, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused to, incurred or suffered by the User and/ or any other passenger and/ or person on whose behalf the User placed the Request, and including any loss arising from or in connection with:
(A) any inaccuracy, incompleteness or delay in any information provided to the User;
(B) any transaction failure which may occur when the User seeks to make payment;
(C) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service;
(D) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);
(E) termination of this Agreement at any time and for any reason;
(F) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;
(G) for any failure on the part of the Carrier to notify or delay in notifying the User, subject to the terms, conditions and provisions of the present Agreement and the Laws of the Republic of Cyprus;
(H) any war, riots, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and other natural calamities.
8.2. The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
8.3. The Company shall not be liable for any damages, liability or losses arising out of:
(A) the User’s use of or reliance on the Service or the User’s inability to access and/ or use the Service; or
(B) any transaction or relationship between the User and any Carrier, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control. The User acknowledges that some Carriers may offer ridesharing (multi-passenger vehicle sharing) or peer-to-peer transportation services and may not be professionally licensed or permitted.
8.4. The Company’s aggregate liability to the User for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will under no circumstances exceed the Transfer Price paid by the User to the Company in connection with the relevant Transfer and/ or the Offer, including VAT, any processing charges which are due to, under the relevant agreements between the Company and its banks and/or payment systems as well as the operating expenses and any other charges that may arise in connection with the payment of the Transfer Price.
9.1. The User shall indemnify and/ or reimburse and/ or compensate the Company in respect of any liability or loss arising from (and any costs incurred in connection therewith):
(A) any breach of this Agreement;
(B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement;
(C) infringement of any Company’s or third parties’ intellectual property rights or other laws in connection with the User’s use of the Service and the Site and its contents.
9.2. It is provided that the User is obliged to compensate and/ or reimburse and/ or indemnify the Company, under any of the aforementioned specifications for any expenses and/or charges may incur.
10.1. The User agrees to receive advertising messages from the Company. The User has a right to decline receiving advertising messages by using the relevant functionality of the Service, as part of which or in connection with which the User received such messages.
10.3. With regards to the personal data protection the Company follows the legislation of Cyprus and the European Union.
11. PROHIBITION OF DISCRIMINATION
11.1. Discrimination refers to any distinction, exclusion, restriction or preference in the rights and freedoms of an individual or a group of individuals, as well as support for discriminatory behaviour.
11.2. When using the Service, the User shall be tolerant and not specify any requirements of a discriminatory nature, in particular the requirement that the transportation services be provided by a Carrier of a certain sex, race, nationality, sexual orientation. The Company reserves the right to reject the request and/ or cancel the Transfer and/ or block the User’s Personal Account and/ or terminate the Transportation Contract between the User and the Carrier in case If the User indicates and /or proposes any discriminatory requirements within the meaning and as it is provided by the Charter of Fundamental Rights of the European Union 2012/C 326/02, Article 21 (1) and (2), the Racial Equality Directive 2000/43/EC and the Gender Equality Directive 2006/54/EC.
12. ASSIGNMENT AND NOVATION
12.1. The Company may assign, transfer, novate, delegate or otherwise deal in any manner, the whole or any part of the provisions of this Agreement and any of its rights, remedies, powers, duties and obligations under this Agreement to any person physical or legal, without the User’s consent and in any way the Company considers appropriate.
12.2. The User agrees that it may not transfer any assignee, transferee or any other person who has an interest in this Agreement, any right of set off or other rights that the User has against the Company.
13. TERMS AND PROCEDURE OF TERMINATION
13.1. Notwithstanding any other provision of this Agreement, the Company may without cause and at any terminate this Agreement without prior notice or need to specify reasons, under the following circumstances:
(A) the User has breached any provision of this Agreement or acted in a manner which clearly shows that the User does not intend to or is unable to comply with any provision in this Agreement;
(B) the Company may reasonably consider it is required to do so under the application of any laws or regulations or under any legal provisions and/ or regulations of any jurisdiction, government, quasi-government, authority or public body and any regulatory body; or
(C) the Company determines that performing its obligations under this Agreement is no longer commercially viable.
13.2. Without prejudice to the generally of the aforesaid, the Company may notify the User of such termination in accordance with the provisions of Clause 17 of this Agreement.
14. WAIVER OF SET-OFF
The User acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the User might otherwise have under this Agreement under the laws of any jurisdiction.
15. GOVERNING LAW
This Agreement is governed and must be construed in accordance with the laws of the Republic of Cyprus and shall have exclusive jurisdiction for the resolution of any disputes arising out of or connected with this Agreement and such process to be governed by its procedural rules. All disputes shall be resolved in competent courts of Cyprus.
16. THIRD PARTY RIGHTS
Any person either legal of physical who is not a Party of this Agreement or any person either legal of physical who is not acting on behalf of the Parties to of this Agreement or any person either legal of physical who is not added in the User’s Personal Account as a contact person, according to Clause 2.2 above, may not enforce nor enjoy the benefit of any provision of this Agreement.
17.1. Except as otherwise provided in this Agreement, all notices or other communications under or in respect of this Agreement to any Party hereto shall be in writing and shall be deemed to be duly given and/ or made by announcements published on the Site or dispatched and/ or sent by email to the email address which the User may provide in his Registration for the Personal Account, and such Notice is deemed to be effective and received by the User at the time when it is published, on the Site or when it is sent to the email address that the User provided during his registration process, unless the Company promptly receives an automated message indicating failed delivery of that notice.
17.2. Notices to the Company may be directed to the email address email@example.com or any other email address specified on the Site.
18. NO WAIVER
No failure or delay on the part of the Company to exercise any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise by the Company of any right, power or remedy.
19. REMEDIES CUMULATIVE
The rights, powers and remedies provided in this Agreement are cumulative and are not exclusive of any rights, powers or remedies provided by law.
20. NO RELATIONSHIP
This Agreement does not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Company or any other person either physical or legal.
If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This Clause has no effect if the severance would alter the basic nature of this document or be contrary to public policy.
The English Text of this Agreement is the authentic text and in the event if any differences arising on translations into any other language recourse shall be to the English Text.