Terms and conditions

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Introduction

Please read these General Terms and Conditions (the “Terms”) carefully before using any of the services (collectively the “Services”) provided by Zyda (the “Company”).

The terms “we” and “us” refer to the Company and its Affiliates, and the term “you” refers to you.

The Services provided by us to you may be provided and/or accessed through our official website (www.zyda.com) (the “Website”) or through any other electronic platforms including without limitation mobile applications (collectively referred to as the “Application”).

By accessing or continuing to use the Services through the Website, the Application or any other mode, you unequivocally agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not use the Services.

By using the Website, the Application or the Services, you are presumed to have notice of the latest version of the Terms.

Your use of the Services, the Website, the Application and the collection, storage, and use of your Personal Data by the Company is governed by these Terms. Please review the Terms carefully before you start accessing or using the Services, the Website or the Application.

Definitions

In these Terms, unless otherwise specified, the defined terms set out below have the meanings assigned to them below.

Account means a customer account opened and maintained by you and accessed using the user ID through which you shall utilize the Services.

Activating Message means a message in any mode or form sent by us to you confirming that you are ready to start making and we are ready to start accepting and honoring your Orders.

Advanced Plan means a plan that as a minimum has the following services/features: [NOTE: TO BE COMPLETED].

Affiliates means any entity, whether incorporated or not, controlled by, controlling or under common control with a party and “control” (or its variants) shall mean the ability, whether directly or indirectly, to direct the affairs of such entity by means of ownership or otherwise.

Annual Package means a package for the Services whose Term is twelve calendar months.

Application has the meaning given to it in section 1.

Applicable Laws means any and all relevant laws, regulations, procedures, policies and practices applicable in the State of Kuwait.

Basic Plan means a plan that as a minimum has the following services/features: [NOTE: TO BE COMPLETED].

Cancellation Fee means a fee or penalty that you may incur when you terminate the Services in certain instances as set out in these Terms.

Customer means a customer who utilizes the Services.

Company Indemnitees means the Company, its Affiliates, licensors, suppliers, service providers and their respective shareholders, directors, managers, directors and employees.

Company-Provided Domain means a domain owned by and provided by the Company to you as part of the Package to facilitate your use of the Services.

Company Termination Event means an event entitling the Company to terminate the Services including your breach of these Terms or Applicable Laws or our inability to continue providing the Services to you as a result of prolonged Force Majeure Event or a Disaster.

Customer Domain means a domain owned by you and designated by you to the Company to facilitate your use of the Services.

Data Privacy Policy means the policy referenced in Clause 8 of these Terms that sets out the manner in which the Company collects, uses, discloses and manages your Personal Data as may be amended by the Company in its sole discretion from time to time. 

Device means a piece of equipment (including without limitation a compatible computer, mobile telephone, tablet or handheld device) that may be used by you to access the Services.

Disaster means any unplanned and unforeseen occurrence, impairment or interruption of those systems, resources, or processes that enable standard performance or functionality of the applicable system or any aspect of the Services.

Downtime means the time when the Services are temporarily down or unavailable whether as a result of a Force Majeure Event, a Disaster or otherwise.

Fees means the fees payable by you for using the Services according to the Plan and Package selected by you.

Force Majeure Event means in connection with our provision of the Services, an event that is not within our control and which we could not have reasonably foreseen or avoided through the use of commercially reasonable efforts including, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disasters, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, labor dispute, epidemics, pandemics or action by any governmental or regulatory body.

IP Rights means the legal and beneficial right, title, benefit and interest in any and all patents, copyright, designs, trade or service marks (whether or not registered), rights in inventions, moral rights or other similar intellectual property rights in the Website, the Application, the Account or the Services or any aspect related thereto.

Modification means a variation, modification, addition, reduction or change that we may from time to time in our sole and absolute discretion make to any aspect of the Website, the Application, the Account, the Services including but not limited to a downgrade or upgrade to any technical aspects, Plans, the Packages, any of our policies (including without limitation the Data Privacy Policy or Refund Policy) or these Terms.

Monthly Package means a package for the Services whose duration is thirty calendar days.

Order means a valid order issued by you for the Services.

Package means one of the packages of the Services which Customers may select from which currently include the Annual Package and Monthly Package. 

Personal Data means any piece of information or data that identifies or can identity you including, without limitation, your name, age, date of birth, country of birth, country of residence, User ID, passport number, Civil ID number, address, telephone number, e-mail address, photograph, driver’s license number, passport number or debit or credit card number and related details and information.

Plan means one of the standard plans for the Services that a Customer can select as part of its Package which currently include the Basic Plan, Premium Plan and Advanced Plan. 

Premium Plan means a plan that as a minimum has the following services/features: 

Refund Policy means our policy referred to in Clause 10 of these Terms for providing refunds to eligible Customers upon the occurrence of a Refund Trigger Event as may be amended by us in our sole discretion from time to time.

Services means the services offered by the Company in accordance with these Terms including the services described in section 1 of these Terms.

Taxes means any and all forms of taxes, levies, imposts, duties or other charges, retention or withholding of a similar nature (including without limitation income tax, VAT, sales tax or similar taxes).

Term means the initial term for which you sign up for the Services and any renewal thereof.

Terms means these terms and conditions as may be amended from time to time in our sole and absolute discretion.

Third Party Products means products and services provided or supplied by third parties which you may use as part of the Services through the “Add Products” feature or which may be advertised on the Website or the Application. 

Third Party Sites means hyperlinks including links to third party payment gateways or any other form of link or redirection of your connection to other sites.

User ID means a code that is exclusive to you for accessing the Services through your Account on a Device consisting of a unique user name and password.

Website has the meaning given to it in section 1.

VAT means Value Added Tax.

Services

  1. As long as you comply with these Terms and our related policies, we agree to make available the Services to you throughout the Term.
  2. You agree and confirm that to be able to utilize the Services, you will create an Account on the Website and/or the Application using certain Personal Data and select one of the available  Plans and Packages. 
  3. You agree not to use the Services, the Website and/or the Application for any of the following purposes:
    1. to make or send surveys, junk emails, unsolicited communications or promotions known as “spam”;
    2. to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other persons;
    3. to commit or engage in any act including, but not limited to publishing, posting or uploading inappropriate, profane, obscene photos, videos or any other material or information that is unlawful under any Applicable Laws; or
    4. to distribute material or information that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, upload files that contain viruses.
  4. We reserve the right in our sole and absolute discretion to make at any time and from time to time a Modification to these Terms, the Services, the Fees, the Plan or the Packages upon notice (to be determined in our sole and absolute discretion) to you.
  5. We reserve the right, in our sole discretion, to disclose any information or edit, refuse to post or remove any materials in whole or part thereof, as we deem necessary to satisfy any Applicable Laws or comply with any of our policies.
  6. You agree and confirm that we may use our Website and/or the Application to advertise Third Party Products. In the event that we do so, you confirm that we shall not be held responsible for the Third Party Products and that we shall not by doing so be deemed to endorse or recommend such Third Party Products in any manner.

Acceptance of the Terms and Use of Account

  1. By using the Website, the Application and/or the Services, you agree to these Terms and undertake to comply with and be bound by these Terms.
  2. Your use of the Website, the Application and/or the Services is subject to these Terms, which may be updated from time to time upon notice to you. In the event of any update to these Terms, you shall be bound by the updated Terms upon expiry of the notice period. You confirm and agree that the version of the Terms on our Website and/or the Application shall be the controlling version in the event of any ambiguity or inconsistency with any other version of the Terms.

Eligibility

By using the Website, the Application and/or the Services, you represent and warrant that:

  1. You are competent and eligible to enter into legally binding agreements and you have the requisite legal capacity to bind yourself under these Terms in accordance with Kuwaiti law. 
  2. All Personal Data and related information you submit to us is truthful and accurate and will be maintained by you as such.
  3. Your use of the Website, the Application and/or the Services does not violate any Applicable Laws.
  4. If you are the parent or legal guardian of a minor who uses the Website, the Application and/or the Services, you will at all times monitor the minor and ensure compliance with these Terms and Applicable Laws.

Registration and Your Account

  1. You can create an Account with us by registering either on the Website and/or the Application using any Device.
  2. If at any time we have reasonable grounds to suspect that: (a) you are not up-to-date with respect to payment of the Fees; (b) you are in violation of these Terms; (c) you are in violation of any Applicable Laws; or (d) any Personal Data or related information you have provided is untrue, inaccurate, outdated, or incomplete, we may temporarily de-activate your Account until the violation is remedied to our satisfaction without prejudice to any other rights or remedies we may be entitled to.
  3. Subject to your creation of an Account and your compliance with these Terms, we shall grant to you a limited and revocable license to use the Website, the Application and/or the Services. 
  4. At any time, the Company may in its sole discretion, terminate or suspend your use of the Account for any justifiable cause as determined by the Company in its sole and absolute discretion.
  5. Unless permitted by law, or as otherwise expressly permitted in these Terms, you must not, nor may you authorize any third person to:
    1. distribute, license, sublicense, sell, transfer, assign any Services or otherwise provide a third party access to any Services;
    2. reproduce, alter, modify, create derivative works of the Account, the Website or the Application;
    3. reverse engineer, disassemble, decompile, transfer, exchange or translate the Account, the Website or the Application;
    4. remove or tamper with any disclaimers or other legal notices on the Account, the Website or the Application; and
    5. use the Account, the Services, the Website or the Application for any illegal or immoral purpose.

Security and Access of Your Account

  1. You are solely responsible for maintaining the safety and confidentiality of your Account details including your User ID and for all activities carried out under your Account. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your Account or User ID.
  2. You agree that we shall have no responsibility in the event that you are unable to access or use the Services as a result of any defect, incompatibility or other technical issue with your Device.
  3. You agree not to use the Account or User ID of another user or Customer (unless validly authorized) at any time or to disclose your Account details or User ID to any third party or to do anything else that may jeopardize the security of your Account.
  4. You agree to notify us immediately of any unauthorized use of your Account or any breach of security. We will not be liable for any loss that you may incur as a result of someone else using your Account or User ID, either with or without your knowledge.
  5. You shall be held liable for any losses incurred by us due to a security breach caused by a third party accessing or using your Account or User ID unless you are able to demonstrate that such breach occurred due to our fault.
  6. You agree not to access or use the Website, the Application, the Account or the Services in any manner that could damage, disable, overburden, or impair any computer system, network, website or any other product, service or website operated by us, our Affiliates or any other person.
  7. You agree to take all reasonable steps to prevent third parties from using or logging into your Account.

Data Privacy

You recognize that your creation of the Account and use of the Website, the Application or the Services may require you to provide us with your Personal Data from time to time. Any Personal Data that you provide to us shall be subject to our Data Privacy Policy which can be accessed by clicking the following link (Data Privacy Policy — December 1, 2020). You hereby consent to and agree to the terms and conditions set out in the Data Privacy Policy.

Fees and Mode of Payment

  1. In consideration for using the Services, you agree and undertake to pay the relevant Fees for the Plan and Package selected by you when they fall due.
  2. Unless otherwise determined by us, all Fees shall be paid in Kuwaiti Dinars and shall be paid through the Account, the Website and/or the Application or any other modes that we may designate from time to time.
  3. Unless otherwise determined by us, the Fees shall be exclusive of any Taxes that may apply under the laws of Kuwait. You agree that you shall solely be responsible for any Taxes that may be imposed in association with the provision of our Services or any payments due to us from you under These Terms. Where applicable, any such Taxes shall be added to your Fees such that we receive the entire net amount of Fees that we would have received had such Taxes not been applied.
  4. Where you authorize us to charge you for the Fees according to a payment method specified in your Account, we shall continue to have the right to use this payment method until we receive actual notice from you to the contrary.
  5. You authorize us to collect and store the details of your payment, along with other related transaction information including payment related Personal Data. You acknowledge that we may share this information with our bankers, payment gateways and related third parties or regulators if we are required by them to do so or if such disclosure is necessary for us to comply with any Applicable Laws and you consent to such action being taken by us.
  6. If the payment method specified by you fails or your Account payment are past due:
    1. you agree to pay all amounts due on your Account upon demand and to reimburse us for any and all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses incurred by us to bring you into compliance such as attorney’s fees) that were caused by or arising out of your non-compliance;
    2. we may collect the outstanding Fees owed using other collection modes such as any other debit cards or credit cards that you may have provided to us previously; and
    3. we reserve the right to either suspend or terminate your Account until you are up-to-date on your payments.
  7. You agree to submit any disputes regarding any charge to your account to us within _______days. If you fail to do so, your right to dispute the charges will be considered to have been waived by you and such charge shall be final and not subject to challenge.
  8. You may choose to pay for the Services in accordance with one of the following payment methods:
    1. KNET;
    2. debit cards;
    3. credit cards; or
    4. any other payment method that we may designate from time to time.

Refunds

You agree to our no refund policy detailed in the Refund Policy which can be accessed by clicking the following link Refund Policy2022. You hereby consent to and agree to the terms and conditions set out in the Refund Policy.

Prohibited Activities

You agree not to use the Account, the Website, the Application or the Services for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or which infringes or may infringe intellectual property or other rights of another person. You agree not to use the Services for “phishing” or unsolicited mass distribution of emails.

You agree not to use the Account, the Website, the Application or the Services to advertise or perform any commercial solicitation.

The Company reserves the right to take down any data, content, information, content or material that the Company in its sole discretion determines to be in violation of these Terms, public morality, any Applicable Laws or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person without notice to you and without any liability to you.

Inactive Accounts

We reserve the right to disable or deactivate your Account if it is inactive for more than ​________days. We will endeavor to give you advance notice by email before we take such action.

Account Monitoring

We reserve the right to monitor all activities on your Account to ensure compliance with these Terms and Applicable Laws. In exercising this right, you agree that we have the absolute discretion to edit, remove or refuse to post any offensive or unlawful materials posted on the Account.

Third Party Links and Interaction

We may provide access to Third Party Sites on the Account, the Website or the Application. You acknowledge that links to any Third Party Sites are provided solely for your convenience and in no way does the inclusion of such links imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked by or through the Account, the Website or the Application.

Intellectual Property

You acknowledge and agree that we and our licensors, if applicable, exclusively own and retain ownership of all IP Rights in the Website, the Application, the Account and the Services.

Your rights to the Website, the Application, the Account and the Services are restricted to the limited license granted to you herein. We reserve any and all rights that are not expressly granted to you under these Terms in connection with the IP Rights.

So long as you fully comply with your obligations under these Terms, we shall grant to you a non-exclusive and non-transferable license to use the Website, the Application, the Account and the Services during the Term.

Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Website, the Application, the Account and the Services constitute part of our IP Rights and may not be copied, imitated, or used by you in whole or in part for any purpose.

You agree not to infringe any intellectual property rights of third parties in the manner in which you use the Website, the Application, the Account and the Services and undertake to indemnify the Company Indemnitees for any claims which may arise in this regard.

You agree and confirm that we make no representations or warranties to you regarding the validity or the IP Rights or non-infringement of the IP Rights of any third party intellectual property rights in Kuwait or elsewhere.

Disclaimer of Warranties

  1. The Website, the Application, the Account and the Services are provided to you on an “as is” basis without any warranties of any kind, express or implied. The Company does not provide any warranties other than those which are incapable of exclusion, restriction or modification under the Applicable Laws.
  2. You expressly agree that the use of the Website, the Application, the Account and the Services is at your sole risk. The Company, its Affiliates or any of their employees, agents, third party content providers or licensors do not provide any warranty that the Website, the Application, the Account and the Services will be uninterrupted and error free.
  3. The Company does not provide any warranty as to the results or benefits that may be obtained by you in connection with your use of the Website, the Application, the Account and the Services.
  4. The above disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission of the Website, the Application, the Account and the Services.
  5. Without prejudice to the foregoing, we do not warrant that:
    1. the Website, the Application, the Account and the Services shall meet your specific requirements; or
    2. the Website, the Application, the Account and the Services shall be uninterrupted, timely, secure or error-free.
  6. Notwithstanding the foregoing, we shall use all commercially reasonable efforts to ensure that any Downtime or disruption of the Website, the Application, the Account and the Services is minimized as much as possible and that the Website, the Application, the Account and the Services are restored as soon as reasonably practicable.

Limitation of Liability

  1. You expressly understand and agree that the Company Indemnities shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
    • your use or the inability to use the Website, the Application, the Account and the Services for any reason;
    • unauthorized access to or alteration of your Account; or
    • loss of data, clientele or profits in relation to any disruption in the Website, the Application, the Account and the Services.
  2. In no event shall our aggregate liability to you in respect of any matter connected to the Website, the Application, the Account and the Services exceed the total Fees paid by you to us for the preceding two Terms. [NOTE: TO BE CONFIRMED].

Indemnification

You agree to indemnify, defend, and hold harmless the Company Indemnitees from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:

  • any content you submit, post, transmit, or make available through the Website, the Application, the Account and the Services;
  • your use or misuse of the Website, the Application, the Account and the Services;
  • your breach of these Terms or Applicable Laws; or
  • your violation of any IP Rights belonging to the Company or its licensors.

Term, Termination, and Renewal

  1. Unless otherwise agreed between you and us, the Term shall commence when you receive the Activating Message.
  2. Unless your Plan and/or Package is renewed, your use of the Services shall cease upon expiry of the Term of the Plan and/or Package selected by you. Unless you notify us prior to expiry of the Term, your Plan and/or Package shall automatically renew on the same terms and you shall continue to pay the Fees for the renewed Term in accordance with these Terms.
  3. You may terminate your Account and end your use of the Services at any time upon at giving us notice. You agree and confirm that depending on when you terminate, you may be liable to pay certain Cancellation Fees to us.
  4. Without prejudice to Clause 19.3, in the event that we make a downgrade of the Services (including without limitation removing certain features), you shall have the right to terminate the Services upon giving us notice in the event that you are dissatisfied with the downgrade.
  5. We have the right to terminate your use of the Services upon the occurrence of a Company Termination Event upon at least 30 days notice.
  6. In the event that your use of the Services is terminated in accordance with Clauses 19.2, 19.3, 19.4 and 19.5, we shall have the right (at our sole discretion and without any liability to you) to delete, disable or deactivate your Account or block your access to the Account, the Website and/or the Application.
  7. You confirm and agree that upon the termination of your use of the Services, may not be entitled to a refund of any Fees already paid by you to us and that your right to a refund in that case will solely be regulated by the terms of the Refund Policy.
  8. Regardless of how the Services are terminated, upon termination, your access rights to the Website, the Application, your Account or the Services will immediately cease.

Domain

  1. In the event that we provide you with a Company-Provided Domain as part of your Package, you agree and confirm that the Company-Provided Domain shall be registered in our name and shall, subject to Clause 20.2 only, remain our exclusive property provided that, as long as you fully comply with your obligations under these Terms and Applicable Laws, we shall as part of the Package give you the limited and irrevocable license to use the Company-Provided Domain in connection with the Services during the Term. For the avoidance of doubt, this license shall automatically lapse upon termination of the Services for any reason.
  2. In the event that a Company-Provided Domain is provided to you as part of your Package and you terminate the Services in accordance with Clauses 19.3 or 19.4, then provided you have been using the Services for at least ___________, days, we shall relinquish our rights to the Company-Provided Domain upon termination and you shall become the owner of the Company-Provided Domain with effect from the date of termination. In such a case, upon your request and at your sole cost and expense, we shall use our best efforts to take any actions that are reasonably necessary to transfer the Company-Provided Domain into your name or in accordance with your instructions.
  3. In the event that you designate a Customer Domain in connection with your use of the Services, we recognize that it will remain your exclusive property provided that: (a) you agree and authorize us to link the Services to the Customer Domain;  (b) you shall give us a license to use the Customer Domain in connection with our provision of the Services to you during the Term. For the avoidance of doubt, this license shall automatically lapse upon termination of the Services for any reason and we shall de-link from the Customer Domain upon termination; and (c) you shall not transfer or sell the Customer Domain unless you give us at least _________ days’ notice.
  4. In the event that you transfer or sell the Customer Domain without giving us the notice referred to in Clause 20.2(c), you agree and acknowledge that you may be liable to pay certain amounts to us to compensate us for the losses, damages, inconvenience or disruption caused to our systems.
  5. In the event that you designate a Customer Domain, you take sole responsibility for its compatibility with the Services and shall not hold the Company Indemnitees responsible for any losses or damages that may occur as a result of your inability to access or utilize the Services as a consequence thereof.

Reactivating the Services

In the event that you terminate the Services in accordance with Clauses 19.2, 19.3 and 19.4, you shall have the right to re-activate your access to the Services through the Website, the Application or our call center within 90 days of the termination. If you do not activate the Services within this period, you acknowledge that we may delete your Account and you may thereafter not be able to re-activate the Services unless you re-register with us as a new Customer.

Freezing Your Use of the Services

You may through the Website, the Application or our call center freeze your use of the Services for a period not exceeding ___________ days. [NOTE: TO CONSIDER EFFECT OF FREEZING THE SERVICES ON PRE-PAID FEES AS PER OUR DISCUSSIONS].

Discounts

We reserve the right to provide offers, sales, discounts or promotions for all or only some of the Customers, Plans or Packages. Such offers, sales, discounts or promotions shall be provided in our sole discretion and we shall not be under any obligation whatsoever to provide any offers, sales, discounts or promotions to you.

Customer Requested Upgrades

  1. You may request us to upgrade your Account, Plan or Package by adding certain features that are not standard features. We shall have the sole and absolute right to determine whether or not to provide such features and may take into account such factors as we may determine including but not limited to whether you are fully complying with your obligations at the date of the request. We reserve the right in our sole discretion to revise the Fees to take into account our cost for availing such features to you.
  2. Unless otherwise determined by us in our sole discretion, any requests made by you in accordance with Clause 24.1 shall be implemented upon expiry of the Term during which the request is made by you.
  3. You may request for an upgrade as per Clause 24.1 either through the Website, the Application or by calling our call center. In the event that you request for an upgrade by calling our call center, if upon your instructions we implement the upgrade, your continued use of the Services shall be deemed to be your acceptance of the upgrade and any revised terms that may apply thereto.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Kuwait. Kuwaiti courts shall have the exclusive jurisdiction to settle any disputes that may arise between the parties.

General Provisions

  1. Failure on our part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision.
  2. If any provision of these Terms is invalid, illegal, void or unenforceable, in whole or in part, such provision shall be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. In that event, we may in our sole discretion replace the illegal, invalid, or unenforceable provisions with provisions that are legal, valid and enforceable serving the purpose of these Terms to the greatest extent possible.
  3. We will not be liable for failure to perform, delay to perform or inadequate performance of any of our obligations to the extent that it is caused by a Force Majeure Event or a Disaster.
  4. You may not assign or transfer any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any assignment or transfer in violation of these Terms is null and void.
  5. You acknowledge and agree that we may assign or transfer these Terms and our rights and obligations herein to an Affiliate upon written notice to you.
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