Acceptance of these Terms of Use

These Terms of Use apply to your access to and use of all or part of this KINETA Charge mobile application (“Application”) of KINETA Sdn. Bhd. or an affiliated company (“Operator”). By clicking “I agree” or by accessing and/or using this Application and/or any of the Services (as defined below in Section 3), you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to these Terms of Use, please do not use this Application and the Services.

These Terms of Use shall be effective upon your acceptance of and agreement to them (either by clicking “I agree” or when you first access this Application and/or use any of the Services).

In this Application and within these Terms of Use, expressions such as ‘KINETA Charge’,’KINETA’, ‘Operator’, and variations including ‘the company,’ ‘legal entity,’ ‘the corporation,’ ‘our,’ ‘we,’ and ‘us’ may pertain to KINETA Sdn. Bhd.

KINETA retains the prerogative to amend, update, substitute, or modify any or all provisions of these Terms of Use, or its associated policies governing the Services, at its discretion and without prior notice. Such alterations may be effectuated by publishing an amended or revised version on the website https://www.kinetacharge.com. Any modification, update, replacement, or change to the Terms of Use or any policy pertaining to the Services shall become effective upon the posting of the updated or revised version. While KINETA will make reasonable efforts to highlight significant updates or alterations to these Terms of Use, it is incumbent upon you to regularly review these Terms of Use to stay informed of the latest terms, as they will be legally binding upon you in connection with your use of the Application and Services. Your ongoing use of, or access to, the Application and/or the Services will be construed as an acknowledgment, agreement, and acceptance of such modifications. In the event that you do not concur with any update or change, it is imperative that you promptly discontinue your use and access of the Application and the Services.

Further, KINETA retains the discretion to introduce updates, enhancements, modifications, or new features to the Application at its sole discretion. All such alterations or additions shall be bound by the provisions outlined in these Terms of Use

Registration of Account

In order to access and use the Application and Services, you must set up and register a user account (“Account”) with the Application. You are required to provide your full name and a valid email address in order to register an Account. KINETA may contact you through the email address you have provided regarding the Application and Services, and for other purposes as may be mentioned in these Terms of Use and the Privacy Statement.

You will be furnished with One-time passcode OTP through e-mail to complete the registration of your Account. It is your sole responsibility to ensure the security of this password. Additionally, you may need to furnish your credit card details to facilitate a payment method and access other features provided by the Application; these card details will be associated with your Account.

By creating and registering an Account, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading. You further agree that:

you will not create more than one Account for the Application;
you will not share your password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
you will keep all information provided by you through the Application up to date and accurate;
you will not transfer your Account to any other person without prior permission from KINETA Sdn. Bhd.

You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized and must notify KINETA immediately if you become aware of any unauthorized use of or access to your Account.

Services

KINETA Charge  may offer and provide the following services (“Services”) through the Application:

location services – using the Application to determine your location and any KINETA Charge and Operator operated service station in the vicinity which accepts the use of the Application for its operations (“Station”);

mobile payment services – using the Application to pay for charging at a Station; and

View Charge Stations using location services

View any KINETA Charge operated Charge Stations on a map with status indicators for Chargers at the location

View information about the Connectors  through the Charge Station information panel

Search for Charge Stations using filters

Navigate to a Charge Station

Search for places on the map

List Charging Station

User Registration

Self-user registration

Login/Logout

Change Password/Forgot Password

View charging history

Setup notifications

Charging Operations

Start charging session

Stop charging session

View current status of charging session

Payment

Add credit/debit card as payment option

Pay for charging session through credit/debit card/eWallet

any other services as KINETA Charge may introduce through the Application from time to time.

Further, KINETA Charge may at any time and from time to time introduce updates, enhancements, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use.

If and when you use the Services, KINETA Charge  will be able to obtain data about your location through the Application

Location Services

If activated, the location services functionality allows the Application to be used to determine the locations of nearby Stations and the Services that are available for that Station.

Mobile Payment Services and Payment Methods

You may use the Application to pay for charging and/or other transactions at a station.

You may only use the Application to pay for charging in accordance with any safety rules posted at the station.

In order to access and use the mobile payment services, you must first select a payment method to be linked to your Account. The payment methods accepted by KINETA Charge  will be listed in the Application, and may be replaced or changed at KINETA’s discretion at any time and from time to time. Your selection of a payment method is deemed to constitute your authorization of KINETA Charge to charge you for the provision of Services using the selected payment method.

In order to enable payment using credit card or debit card, you must first provide your card information through the Application and link the relevant card details to your Account. Not all credit cards may be eligible for use with the Application. If your credit card is not eligible, you will receive an error message when you enter the relevant card details. KINETA Charge from time to time also will offer various alternative payments option to the users.

The Application will then produce a charging history(“Purchase Summary”) of the duration, total energy consumed and charging fee, of the electricity you have consumed.

An electronic invoice of the purchase will be sent by KINETA Charge to the email address you have provided for your Account. If the payment method you have selected is not approved, or payment is otherwise unable to be completed, you will be informed separately by KINETA to make payment.

KINETA Charge bears no liability to you for any inaccuracies or mistakes made by you in entering and/or reviewing such information. You should review the payment history to identify any discrepancies and then highlight accordingly.

You shall have no entitlement to a refund for any payment made for the charging of your vehicle. In the event of dissatisfaction or queries concerning any products or services accessed through the Application, you are encouraged to communicate with us through the designated “Support” section of the Application within 24 hours of the pertinent transaction.

For the purposes of the Application, KINETA Charge  uses third party merchant facilities and service providers to process payments. KINETA Charge is not responsible and has no liability for any third-party merchant facilities or payment processing carried out by any service provider, including any loss or damage arising out of any use of a third-party payment gateway. You agree that it is your responsibility to read and understand the terms of the third-party merchant facilities before using them.

All prices displayed in the Application are in Malaysian Ringgit, otherwise stated separately in the application.

Promotions, Offers and Discounts

At intervals, KINETA Charge reserves the right to introduce promotions or offers for the procurement of its goods and services, including discounts off the current prices, facilitated through the Application.

Any such promotion, offer or discount will be subject to applicable terms and conditions set out in the “Support” or other relevant section of the Application (or the relevant link embedded therein), or other communications or marketing materials that may be issued by KINETA Charge in relation thereto.

Application and Account Security

You are prohibited from violating, or attempting to violate, the security of this Application and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Application or your Account include without limitation:

logging into or attempting to log into a server or user account that you are not authorized to access;

accessing data or taking any action to obtain data, information or services not intended for you or your use;

attempting to probe, scan or test the vulnerability of any system, network or user account;

tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;

circumventing any system or mechanism in the Application that is designed and intended to limit your access to areas within, or components of, the Application;

transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the Application’s or any user account’s functionality or operation;

using the Application in a manner or committing any act which is detrimental to, or in violation of, KINETA Charge’s or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the Application or by other users of the Application;

interfering with service to, or engaging in any denial of service attack of, the Application, any user, host or network including, without limitation by means of overburdening or “flooding,” any computer system.

Accessing and Using the Application

You acknowledge that the availability of the Application is dependent on the third-party platform from which you download the Application (for example, Apple App Store or Google Play Store).

Each of these platforms may have its own terms and conditions for the downloading, installation and use of the Application, and you agree that it is your responsibility to ensure compliance with such terms and conditions.

In accessing and using this Application, you must not:

post, send or otherwise transmit to or through the Application any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that KINETA Charge in its sole discretion does not wish posted or transmitted on the Application;

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;

misrepresent your identity or affiliation in any way;

engage in deceptive online marketing;

violate any applicable laws or regulations;

use the Application in a manner that would violate these Terms of Use or any policy posted in the “About” or others section(s) of the Application; or

assist or permit any persons in engaging in any of the activities described above.

KINETA Charge may, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the Application or Services, and/or edit or remove any content within the Application including any material which in KINETA Charge’s reasonable opinion may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which KINETA Charge considers in its discretion might be otherwise offensive, harmful or objectionable.

User Submissions

You must exercise caution, good sense and sound judgment in using the Application. You are responsible for any material or information you place on or transmit to or through the Application. You agree, represent and warrant that any information you post to or transmit through the Application is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

Proprietary Rights and User Content Rights

Intellectual Property Rights

You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) KINETA and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented on or accessed through the Services, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under this Agreement are reserved to KINETA and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide whether registered or not.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented on or accessed through the Services for any purpose, unless otherwise permitted by these Terms of Use or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter KINETA Charge’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

The content, arrangement and layout of all of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to KINETA, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of KINETA, or as permitted by the functionality of the Services or these Terms of Use. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on or in the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and KINETA may take action accordingly.

The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

Submitted Information

If you choose to communicate to KINETA (via any means) suggestions for improvements to any of the Services or KINETA Charge’s Products, or KINETA’s business generally (collectively, “Feedback”), KINETA shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to KINETA and waive in favor of KINETA, its successors and assigns all your moral rights in the Feedback, and agree to provide KINETA such assistance as KINETA may require to document, perfect, and maintain KINETA Charge’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to KINETA Charge, you are not entitled to any compensation or reimbursement of any kind from KINETA under any circumstances.

User Content Policy

As a user of the Application, you may use the Services to create and submit a variety of text and photographs, including but not limited to information that may be added to the interactive map of Charging Stations, which may be visible to other Services Users or third parties in various ways. You may also, depending on the Services, upload certain file types including but not necessarily limited to text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the Services. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content through or to the Services, you agree to be bound by the KINETA Charge policy for User Content as described in this section (the “User Content Policy”).

When you submit User Content, you acknowledge and agree to the following:

User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted is your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize KINETA to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement;

You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to KINETA Charge, you hereby grant KINETA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Services and / or KINETA’s (and its successors’ and affiliates’) business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels without any

compensation to you. You understand and agree that KINETA may retain, but not display or distribute, server copies of User Content that have been removed or deleted;

The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;

You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam; and

You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.

If you as a Services User believe that a Logged-in User has posted User Content that violates this User Content Policy, please contact us at support@kinetacharge.com so that we may conduct an inquiry. KINETA retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

Depending on the User Content, User Content may or may not be edited, curated or otherwise modified or checked by KINETA prior to posting. KINETA reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy, or for any other legitimate reason.

KINETA and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, KINETA assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods, or omissions that may be encountered within any User Content.

Privacy Policy and Permissions for the Application

Our privacy policy (“Privacy Policy”)explains how KINETA treats your Personal Information (as that term is defined in the Privacy Policy) and protects your privacy when you use Services, including the Application. By installing, accessing or using the Application or using the Services you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and without notice.

By installing, accessing or using the Application or using the Services, you consent to those information collection and usage terms as described in the Policy.

In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the mobile device that are not part of the Application which are developed by third parties. These are known as “permissions”, and you agree that KINETA has the right to access the Computer Code on your mobile device in this manner and as described in the Privacy Policy.

External Links

General External Links

From time to time KINETA may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these Agreement. When you access third-party resources on the Internet in this manner, you do so at your own risk. KINETA provides those links as a convenience to you and KINETA takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. KINETA does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites.

In no way will KINETA or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

Use of Google Maps

The Services make use of the Google Maps Platform for numerous functions, and when you use the Services Google Maps may be opened from a link in the Services. Your use of Google Maps in the Services or on its own is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy , which we encourage you to read.

Termination of your Account

KINETA may at any time immediately terminate your Account, including restricting access to the KINETA Network, the KINETA App or any feature of the KINETA App or the Website, for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination. At user own discretion, user may terminate his/her Account at any time by providing KINETA with 30 days’ written notice for a refund unused credit on his/her account. Following any termination, you will remain responsible for any and all unpaid fees and charges associated with your Account. If such unpaid fees and charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance. Our services come with guarantees that cannot be excluded under the Malaysian Consumer Law. For major failures with the service, user are entitled: 

(a) to cancel his/her Account with us; and
(b) to a refund for the unused credit on Account.

Third-Party Software and Services

The Application may contain various third-party software components and services. By using the Application, you agree and consent to KINETA Charge’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the Application, you (i) expressly relieve KINETA from any and all liability arising from your use of any third-party components or services embedded in the Application, and (ii) agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, KINETA is not responsible for the manner in which your data is processed.

Links

The Application may contain links to other non-KINETA websites or applications. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or applications may make use of KINETA proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from KINETA. KINETA is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website or application. In addition, providing links to these sites or other applications should not be interpreted as endorsement or approval by KINETA of the organizations sponsoring the sites or applications, or their products or services.

Jurisdictional Issues

The Application is controlled and operated by KINETA from its offices within Malaysia. KINETA makes no representation that materials in the Application are appropriate or available for use in other locations or geographies. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Access to this Application from jurisdictions where the contents of this Application are illegal or penalized is prohibited. The Application and the software contained therein is further subject to Malaysian export controls. No data, information or software from the Application may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the Malaysia or Singapore embargoes or sanctions goods, services or technology; or (ii) prohibited under the applicable Malaysian laws and regulations. By downloading or using the Application or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimer

The Application and Services are provided and made available “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, KINETA disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. KINETA does not warrant that access to this Application or the Services or to the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected, or that this Application or the server that makes it available are free of viruses or other harmful components. KINETA does not make any representations or warranties regarding the use or the results of the use of the Application in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.

KINETA  has no obligation to monitor your access to or use of the Application or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency.

Some features of the Application may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Application or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall KINETA be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the Application or the Services, even if KINETA or a KINETA’s authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall KINETA’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to KINETA Charge, if any, for using this Application and the Services.

Indemnity

You agree to indemnify, defend and hold KINETA, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this Application and/or the Services.

Disclosure; Product Statements

This Application contains information on products and services of KINETA Charge and its related entities. While KINETA tries to ensure that all information on this Application is accurate and current at the time of posting, all information on KINETA’s products and services on this Application should not be relied on as definitive, final, current or complete, and you agree to contact KINETA directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on this Application.

Interruption of Service

From time to time the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, KINETA and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.

General

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law. By accessing and/or using this Application or the Services, you submit to the exclusive jurisdiction of the Malaysian courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right under the Contracts (Rights of Third Parties) Act to enforce any provision of these Terms of Use other than a permitted assignee or transferee.

This Terms Of Use, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and KINETA with respect to your use of the Services, superseding any prior agreements between you and KINETA, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these Terms of Use.

No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.