TERMS OF USE
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Introduction and Terms of Use:
1.1. The Website and the Application (collectively referred to as the "Platform") which offers various electric kits to convert bicycles into e-bicycles and/or selling the electric bicycles, accessories ("Products"), and related services ("Services") are made available to you by Nisarga En-Tech Solutions Private Limited, including its affiliates and group companies ("NIVA / "Company" / "we" / "us") with its registered office at Villa No.38, Mantri Court Yard, Phase 1 Manavarthakaval, Talaghattapura Post, Bangalore, Bengaluru, Karnataka, India, 560109. These Terms of Use ("Terms") may be updated from time to time. For the purpose of these Terms, wherever the context so requires "you", "your" or "User(s)" shall mean any natural or legal person who accesses the Platform or avails any of the Products and related Services (as defined above) that are offered herein.
1.2. These Terms along with the Privacy Policy available at www.getniva.com and any other conditions available in any section or elsewhere on the Platform (as defined below) and any other terms which may apply to the Products and related Services that we offer together with all other notices, disclaimers, guidelines appearing on the Platform from time to time, constitute the legal and binding agreement upon which you are allowed to access and use the Platform and avail the NIVA Products and related Services.
1.3. Please read these Terms carefully before using or accessing any material, information or Products and related Services through the Platform or otherwise. BY COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING THE PLATFORM, AND NIVA PRODUCTS & SERVICES, YOU ACKNOWLEDGE AND AGREE THAT (I) YOU EXPRESSLY CONSENT TO OUR COLLECTION, PROCESSING, USING, STORING, DISCLOSING AND HANDLING OF YOUR INFORMATION AS SET FORTH IN THESE TERMS NOW AND AS AMENDED BY US; AND (II) YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS, (III) YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER OR ACT ON BEHALF OF THE OWNER OF THE ACCOUNT, AND BIND TO THESE TERMS.
1.4. If, you do not have the legal authority to enter into these Terms, do not understand these Terms, or do not agree to these Terms, please do not register to, or use the NIVA Plaforms including any of the NIVA Products and related Services. Please read carefully the entire Terms before using the Platform and NIVA Products and related Services. If the User does not accept and agree to be bound by any of these Terms, the User shall not be authorized to access or otherwise use this Platform or NIVA Products and related Services, as may be applicable. Your access to and use of this Platform or NIVA Products and related Services constitutes your acceptance of and agreement to abide by each of the terms and conditions set forth below.
1.5. The NIVA Products and related Services cannot be provided and the agreement described in these Terms cannot be performed without NIVA processing your data, including your location data.
1.6. If you access or use the NIVA Products and related Service on behalf of a company or other entity, you hereby represents that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term 'you' or 'your' will refer to such entity and its affiliates.
2. Definitions. Capitalised terms will have the meanings set forth below or otherwise defined in these Terms:
2.1. "Authorised User" means an individual employee of the User who User allows to access the NIVA Services.
2.2. "Confidential Information" means all non-public information disclosed by the disclosing party ("Disclosing Party'') to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, information about the Disclosing Party's business, employees, providers, business plans, marketing plans, product roadmaps or any other personal information. NIVA's confidential information includes the Platform, software, application, know-how, technology, algorithms, source code, and related NIVA Data and any communications made by and between the relevant parties, whether written or oral.
2.3. "NIVA Data'' means the NIVA-owned or licensed data accessed by the Users via the Platform, or any other data provided or owned by NIVA.
2.4. "User Data" means the data and information provided by the User and/or inputted, uploaded and/or shared by the User to NIVA for the purpose of using the NIVA Products and related Services or facilitating your use of the NIVA Services, or data you collect and process through your use of the NIVA Services, in each case, excluding aggregated and anonymized information collected, processed or disclosed by NIVA pursuant to these Terms.
3. Access and use of the Platform:
3.1 The User must register and create an account on the Platform to use NIVA Products and related Services. While creating an account on the Platform and during the term of the Agreement ("Account"), the User must provide and update the Account information and ensure it is true, accurate, current, and complete information as requested to create and maintain the Account. During the login/registration process or any time after that, the User may be required to provide personal identification details, including but not limited to your name, address, phone number, email address.
3.2 The User shall be solely responsible for all compliances in accordance with the provisions of these Terms and for any and all activities that occur under the User's Account.
3.3 With regard to the User Data provided by the User to NIVA on the Platform or otherwise, whether by the User or the administrator operating on behalf of the User, the User represents and warrants that the User has full authority to provide us with such User Data.
3.4 The User understands and has become familiar with the technical requirements necessary to access and use the Platform and NIVA Products and related Services and has no objections in respect thereof. The User is aware of risks and threats connected with electronic data transmission.
3.5 NIVA reserves the right to update/upgrade their Platform including but not limited to, API, content, user interface, functionalities and Services to increase performance, efficiency or add new verticals of Services.
3.6 The User acknowledges that the User shall have no ownership rights in the content, NIVA Services, NIVA Data or the Platform and that these remain protected under copyright, trademark, and other intellectual property laws and other applicable laws. The User may use the content, NIVA Data, NIVA Services, or Platform only for personal and non-commercial use.
3.7 Those who choose to access this Platform from outside India are solely responsible for compliance with laws applicable in the jurisdiction within which they fall and the Company shall take no responsibility towards ensuring compliance with such applicable laws. For the sake of clarity, any reference to the use of the Platform shall include any access into the Platform, and materials available therein, through the Platform.
4. Membership Eligibility:
4.1. Eligibility. Use of Platform is available only to such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Platform and shall not transact on or use Platform. As a minor if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents on the Platform. Company reserves the right to terminate your membership and / or refuse to provide you with access to Platform and related Services, if it is brought to Company's notice or if it is discovered that you are under the age of 18 years. By accepting these Terms of Use, the User irrevocably declares and undertakes that he/she is of legal age, i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between Company and such User to the extent permissible under applicable laws.
5. User's rights and obligations:
5.1 The User shall be solely responsible for acting in compliance with all laws, rules, and regulations and shall not indulge in any banned, illegal, fraudulent and immoral acts while using the Platform or availing the NIVA Products and related Services.
5.2 The User shall be fully and solely responsible for any damage or loss caused owing to any unauthorized and authorized use of Platform and related NIVA Products and related Services.
5.3 The User shall take all reasonable and feasible measures to ensure there is no breach of security. In the event any breach of security occurs, the User shall immediately inform NIVA of such breach. The User shall be liable for any and all losses that may be caused to NIVA due to any breach of security attributable to the User.
5.4 The User shall bear all the liability for payment of all taxes and fees applicable for use of Platform and/or NIVA Products and related Services.
5.5 The User shall not, directly or indirectly attempt to gain unauthorized access to the Platform, other Users' account(s), computer systems and/or networks connected to Platform through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
5.6 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Platform (or its content): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
6. Acceptable Use Policy:
6.1. The User shall be solely and strictly liable for User Data and any activity that occurs under the User's Account.
6.2. The User shall exclusively own and reserve all rights, title, and interest to their respective User Data. For the purposes of availing NIVA Services, the User hereby agrees to grant NIVA a worldwide, non-exclusive and royalty-free right to use, process and transfer such User Data solely for the purpose of providing the NIVA Products and Services pursuant to these Terms.
6.3. NIVA is not responsible for the way the User uses the Platform, NIVA Products and related Services. The User shall be solely responsible for lawful usage of the NIVA Products and related Services consistent with these Terms.
6.4. NIVA reserves the right to use User Data as may be reasonably required under applicable law, in the event of fraudulent or illegal activity by the User without its prior consent.
6.5. In particular and without limitation, the User declares that it will not use the Platform and NIVA Services to transmit or store any content or communication or engage in or encourage any activity that is illegal, harmful, deceptive, unsolicited, violating others' rights or otherwise poses a threat to the public or infringes any copyright, patent, trademark, trade secret, or other intellectual property rights of others, or otherwise cause NIVA to become unable or impaired in its ability to provide the Platform and NIVA Services.
6.6. The User undertakes to use the Platform exclusively for legitimate purposes, provided that your activities are lawful and does not violate these Terms of Use and do not directly oppose any commercial and legal rights of NIVA. The User shall prevent unauthorized access by any third parties to the Platform and shall also oblige its agents to comply with these obligations.
7. Proprietary Rights:
7.1. All right, title and interest in and to the Platform, NIVA Data, NIVA Service, NIVA's name/logo/marks used, and any other proprietary and Confidential Information disclosed by NIVA, in any medium, is solely and exclusively owned by NIVA and its licensors. The User does not acquire any proprietary or ownership interest in the NIVA Data, NIVA Service, or any other Confidential Information disclosed by NIVA, including any intellectual property rights relating thereto. Except for the limited use rights provided in these Terms, no licence or right is granted by either party to the other by implication, estoppel or otherwise, to any proprietary information of a party, or under any patent, copyright, trademark or trade secret of a party.
7.2. Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, "Feedback"). If you provide Feedback, you hereby grant to NIVA a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send NIVA any Feedback that you do not wish to license to us as set forth above.
8. Term and Termination:
8.1 These Terms are effective from the date the respective User applies to or access the Platform and related NIVA Service. NIVA may terminate these Terms immediately upon giving written notice of termination to User if User commits a breach of these Terms. User may terminate these Terms at any time by deleting User's account and ceasing access to and use of the Platform and related NIVA Service and the NIVA Data.
8.2 NIVA reserves the right to cease access of the respective User, should a data breach occur on the part of the User. A notice will be given to the User stating what occurred or what was thought to occur to constitute a breach. Should there be a plausible remedy for the breach, access may be restored at NIVA's sole discretion. NIVA will notify the User as to whether access is restored or not.
9. Confidentiality:
The Receiving Party agrees not to disclose any Confidential Information to any third party (other than its agents, representatives, contractors, or providers who are subject to legal or professional obligations of confidentiality consistent with these Terms) or use such Confidential Information for any purpose other than is necessary to perform its obligations or exercise its rights under these Terms. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to the extent required by applicable law or court order, provided that the Receiving Party provides the Disclosing Party with prior notice of such compelled disclosure (if allowable by law) and provides reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party seeks to contest or limit the scope of the disclosure. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was lawfully known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to User; or (c) is lawfully received by User from a third party without breach of any obligation owed to the Disclosing Party.
10. Third Parties:
Any third party products and services made available on the Platform or linked to the NIVA Services are made and offered directly by the applicable third party. When the User and/or its authorised users pursue or access or purchase any such product or service of such third party, the User and/or its Authorised Users acknowledge that they are contracting directly with such a third party and not with NIVA. Accordingly, User or its authorised users' interaction with, or participation in promotions of, third parties found on or through the NIVA Services, including payment towards availing any third-party goods or services or data exchange between software application or platforms, and any other terms, are solely between the respective User and such third party. The User and/or its authorised users are not obligated to use or transact business with any third party that appears on the NIVA Services. NIVA may provide links to other third-party internet sites or resources through the NIVA Services. NIVA does not endorse and is neither responsible nor liable for any content, information, advertising, products or other materials on or available from such sites or resources. The User and/or its authorised users acknowledge and agree that NIVA is not responsible for the availability of such external sites or resources. THE USER AND/OR ITS AUTHORISED USERS AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED AS THE RESULT OF ANY OF DEALINGS WITH SUCH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE NIVA SERVICES.
11. Indemnity
11.1. By using the Platform, NIVA Products and related Services, the User agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold the NIVA, its affiliates, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees and any third-party claims that the concerned indemnified persons may suffer on account of:
a. breach of these Terms and Privacy Policy;
b. unauthorized use of the NIVA Services;
c. non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the NIVA Products and related Services; and
d. any action taken by NIVA as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.
12. WARRANTIES AND DISCLAIMER
12.1. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIVA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM, NIVA SERVICE, NIVA DATA, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, PERFORMANCE, AND CURRENTNESS. USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM, NIVA DATA AND NIVA SERVICES ARE PROVIDED SOLELY AND EXCLUSIVELY "AS IS." NIVA DOES NOT WARRANT THAT THE PLATFORM, NIVA DATA AND THE NIVA SERVICES, OR ACCESS THERETO WILL BE ERROR FREE, UNINTERRUPTED OR THAT EITHER WILL MEET USER'S NEEDS OR REQUIREMENTS.
12.2. AT ANY TIME IF, THE COMPANY BELIEVES THAT ITS PLATFORM, PRODUCTS AND RELATED SERVICES ARE BEING UTILIZED BY THE USER IN CONTRAVENTION OF THE TERMS AND PROVISIONS OF THIS TERMS OF USE, THE COMPANY SHALL HAVE THE RIGHT TO FORTHWITH REMOVE/ BLOCK/ CLOSE THE ACCOUNT OF THE USER AND FURNISH SUCH DETAILS ABOUT THE USER UPON A REQUEST RECEIVED FROM THE LEGAL/STATUTORY AUTHORITIES OR UNDER A COURT ORDER.
12.3. THE COMPANY WILL NOT BE LIABLE TO THE USER IN ANY WAY, IN CONNECTION WITH ANY ISSUES THAT MAY ARISE FROM ANY THIRD PARTY PLATFORM OR SERVICES LINKED WITH NIVA'S PLATFORM OR NIVA SERVICES. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM, NIVA SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM, THEIR SERVERS, OR ELECTRONIC COMMUNICATION SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.4. THE COMPANY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, HOWEVER THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION CONTAINED ON THE PLATFORM (INCLUDING ANY DATA OR INFOMRATION PROVIDED FROM ANY THIRD PARTY PLATFORM AND RELATED SERVICES). THE COMPANY DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR ANY OTHER CLAIM, WHATSOEVER, IN RESPECT OF ANY LOSS, WHETHER DIRECT OR CONSEQUENTIAL, TO ANY USER OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION, DATA AND/OR MATERIALS CONTAINED ON THE PLATFORM. (INCLUDING ANY DATA OR INFOMRATION PROVIDED FROM ANY THIRD PARTY PLATFORM AND RELATED SERVICES).
12.5. IN NO CASE SHALL NIVA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR RELATED SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
13. General Provisions:
13.1. Governing Law and Dispute Resolution. These Terms will be construed in accordance with, and governed in all respects by, the laws of India and any claims related to these Terms will be brought in the courts located in Bengaluru, India. Upon any dispute, claim or controversy arising out of, in relation to or in connection with this Terms of Use, the Parties shall first attempt to resolve such dispute, claim or controversy through good faith consultations. If the dispute, claim or controversy is not resolved through good faith consultations within 30 (thirty) days after either party has delivered a written notice to the other party requesting the commencement of consultation, then the dispute, claim or controversy shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka and the User hereby accedes to and accepts the jurisdiction of such courts.
13.2. Notices. Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to support@getniva.com.
13.3. Representation. The User (including its authorised signatory) represent and warrant that: (i) it / he / she is authorised to create such Account, whether individually or on behalf of an organisation; (ii) it / he / she owns the content (including User Data) posted on or through the Platform and related NIVA Services and have the right to grant the rights and licences set forth in these Terms ("Content") for the purposes of availing NIVA Services; (iii) the use of such Content by NIVA on does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
13.4. Assignment. User may not assign these Terms, or any rights under these Terms (whether expressly, by implication or by operation of law), or delegate its performance under these Terms, without NIVA's prior written consent. Any purported transfer, assignment, or delegation without consent will be null and void and of no force or effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the successors and permitted assigns of the parties.
13.5. Force Majeure. NIVA shall not be liable for any failure to perform due to events or circumstances not within its reasonable control, including, but not limited to acts of God, acts of government, flood, fire, earthquakes, tsunami, civil unrest, computer or malicious attacks through the internet.
13.6. Mailing and SMS Services. By accepting the Terms, the User also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided hereinunder. By accessing and using the Platform and related NIVA Services and/ or verifying your contact number with NIVA, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018. In case, you do not want to receive communications from their account with NIVA, then they can send an email to support@getniva.com for further assistance.
13.7. Third Party Beneficiaries. Nothing herein is intended to or shall be construed to confer upon or give any person or entity, other than NIVA and User, and their respective successors and permitted assigns, any rights or remedies under or by reason of these Terms.
13.8. Entire Agreement and Severability. These Terms, privacy policy, and any other terms and conditions mutually agreed between the Parties or displayed on NIVA's Platform sets forth the entire understanding of the parties and supersedes all prior agreements and understandings, oral or written, between the parties relating to the subject matter hereof. If any provision of these Terms is determined to be invalid, unlawful, void or unenforceable to any extent, such provision or any portion thereof will be interpreted to best reflect the parties' intent in compliance with the applicable law, and the remainder of these Terms will continue to be valid and enforceable to the fullest extent permitted by law.
13.9. Errors, Inaccuracies And Omissions. Occasionally there may be information on our Platform or in the NIVA Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the NIVA Products and related Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Platform or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
13.10. Relationship. The Parties hereby agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between the User (including its Authorised Users, if applicable) and NIVA as a result of the Terms or your use of the NIVA Services.
13.11. Waiver. No failure or delay by NIVA to exercise any power, right, privilege or remedy under these Terms will operate as a waiver thereof. No single or partial exercise of any such power, right, privilege or remedy will preclude any other or further exercise thereof.
13.12. Modification of these Terms. Certain provisions of these Terms may be supplemented or superseded by expressly designated notices or terms located on particular pages on the NIVA's website. NIVA reserves the right to update these Terms from time to time at our sole discretion. It shall be the responsibility of the User to be aware of the updated Terms as acceptance to the Terms shall be deemed as an unconditional acceptance of the updated Terms. By continuing to access or use the NIVA Service after NIVA has provided User with notice of a modification, User is agreeing to be bound by the modified Terms. If the User does not accept the updated Terms, the User shall be required to terminate the Services of the Company in which case the User will not be able to access the services provided herein.
13.13. Interpretation. Each party acknowledges that it has had the opportunity to review these Terms with legal counsel of its choice, and there will be no presumption that any ambiguities will be construed or interpreted against the drafter.
13.14. Remedies. The parties agree that any breach of the terms of this Agreement by either party would result in immediate and irreparable injury and damage to the other party which could not be adequately compensated by damages. The parties therefore also agree that in the event of any such breach or any anticipated or threatened breach by the defaulting party, the other party shall be entitled to equitable relief, including by way of temporary or permanent injunction or specific performance, without having to prove damages, in addition to any other remedies (including damages) to which such other party may be entitled at law or in equity.
