Terms & Conditions

Please read the Terms of Use carefully before using Bohni (“Application”). Your use of the Application and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Application including the applicable policies which are incorporated herein by way of reference. If You transact on the Application, You shall be subject to such policies that are applicable to the Application for such transaction.

These Terms are an electronic record in terms of the Information Technology Act, 2000 and rules there under 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.

By merely using or browsing on the Application, you signify your unconditional agreement to be bound by these conditions under the Terms. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

PLEASE NOTE THAT YOUR USE OF THE APPLICATION IN ANY WAY SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS. THE PARENTS/LEGAL GUARDIANS CONFIRM TO MANDATORILY APPROVING/CONSENTING TO THE MINOR USING THE APPLICATION.

By agreeing to these Terms, you also agree to our other policies of the Application; including but not limited to the Privacy Policy & other terms and conditions, as amended from time to time. Bohni is operated by ‘Bohni Private Limited’, a company duly incorporated in India (“Company”).

We encourage you to share your opinions, both favourable and unfavourable.

Users shall be liable to pay fees for the services to which User desires to subscribe (“Fees”). Upon payment of the fees – in part or whole, depending on the plan/scheme, We shall grant you access to the services. Due to any reason, if We provide you access to a service pending payment, and We don’t receive payments within the stipulated time, We may, at our own discretion, withdraw your access to the service without giving any prior notice. You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account and that you will not use any User Account other than your own.

In accordance with Information Technology Act, 2000 and the rules made there under, the name and contact details of the Grievance Officer are provided here: Neeraj Jain; finance@bohni.club; (hereinafter referred to as the “Grievance Officer”). In this regard, please note that the Grievance Officer can be contacted by You for any grievance that you may have while using the services of the Application.

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Application.

These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Noida, Uttar Pradesh, India.

Application may suspend, cancel or terminate your account registered with us, with or without notice if we believe in good faith that (a) that you breach any of these Terms and other policies.

We’ll review our Terms periodically for changes and may amend, update or replace these Terms with or without any notice. To make sure you are aware of any changes, please review this Policy periodically. Notwithstanding the above, we shall not be required to notify the Users of any changes made to the Terms. Should you have any concerns or reject the changes in the Terms you can refuse to accept the amendments and opt for withdrawing your Personal Information by writing to us as mentioned above. However, if you continue to use the Application you shall be deemed to have agreed to accept and abide by the modified Terms of this Website/application.

NEITHER COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE APPLICATION, THE SERVICES, THE TRANSACTION; THE TRANSACTION PROCESSING FEE, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY SERVICES SUBSCRIBED OR PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY THE USER THROUGH THE APPLICATION.

Terminology & Definitions:
1. The Company allows the User to browse the Application or choose the services without registering on the Application. The term "We", "Us", "Our" shall mean Application and/or its affiliates.
2. “User” for the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has browsed or agreed to become a registered or unregistered User on the Application by providing registration data while registering on the Application as registered user using the computer, laptop, mobile or any other systems which can access the application or just by visiting the Application to become the non-registered user. It will be presumed that the parents/legal guardians have mandatorily consented to the use of the application by the minor.
3. “SuperAchiever” means individual or group of individuals or entity comprising of individuals who are widely accepted achievers in their field of expertise and are creating content or providing short and long duration classes on the Application.
4. “Services” means access to the online course(s)/classes/content/workshops/seminars/ and/or similar connotations available on the application on successful completion of a Transaction.
5. “Transaction” means successful purchase/subscription to a service(s) offered on the Online Application.
6. “Terms of Use” means the Terms of Use laid down here, Privacy policies and any other terms and conditions introduced by the company from time to time including but not limited to the terms and conditions associated with any offer, coupon, discount, scheme, contest, etc.
7. “Application” means the Bohni website, mobile application, mobile website, social media handles like facebook, twitter, Instagram, whatsapp, youtube, snapchat, etc. including their mocks and work-in-progress which contains the services, contents, classes, IPRs, sensitive information, etc.
8. “Fee” means any amount charged on the Transaction.
Our Application:
1. These Terms apply to all Users of the Application, including SuperAchievers who are also contributors of User Content on the Application. The Application includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the Application, such as the Bohni course(s), classes, workshops and any other services or application that Bohni introduces from time to time.
2. The Application is an online platform that supports, facilitates and provide access to the educational services, contents, courses, workshops, seminars, classes, videos/or tutorials created by the SuperAchiever including but not limited to creating a video, audio clip or tutorial, online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files in consultation and by using Bohni’s help in producing & designing the content. Such content present or uploaded through the use of the Application shall hereinafter be referred to as “User Content”.
3. By providing User Content to the Service, you grant to us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). We may only use that Content in connection with the Service and our (and its successors’ and Affiliates) business, including for the purpose of promoting, advertising and redistributing part or all of the Service.
4. The Application also supports and facilitates the online creation of educational videos/or tutorials, quizzes, presentation materials, homework assignments, programming assignments, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files created by the Users of the Application. The users are also allowed to upload forum posts, chat with other users and SuperAchievers, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. Such content uploaded through the use of the Application shall hereinafter be referred to as “User Content”.
5. The Application may contain links to any third-party websites that may or may not be owned or controlled by the Application. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, We will not and cannot censor or edit the content of any third-party site. By using the Application, you expressly relieve us from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website you read and understand the terms and conditions and privacy policy of each such website that you visit.
6. Subject to these Terms and Conditions, Privacy Policy and all other rules and policies made available or published elsewhere, We hereby grants the you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Application in accordance with these Terms of Use.
7. You agree and acknowledge that We shall have the right at any time to change or discontinue any aspect or feature of the Application, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, We may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. We reserve the right to refuse access to the Application, terminate Accounts, remove or edit contents without any notice to You.
User Account:
1. You will be required to share your personal details to access the Application by registering on our Application. You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile to prevent unauthorized access to your account when you use this Application.
2. The Application grants you a personal, limited, non-exclusive, non-transferable, revocable, non-commercial license to access and make personal use of the content therein, solely in accordance with the Terms and not to download (other than page caching) or modify it, or any portion of it.
3. You agree to accept responsibility for all activities that occur under your account or password.
4. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
5. This license does not include any resale or commercial use of this Application or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Application or any portion of this Application cannot be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
6. The Application reserves the right to refuse access to the Application, terminate accounts, or remove or edit content at any time without notice if we have a reasonable belief that your account is being used for unauthorized purposes or if required under the law.
Membership Eligibility:
1. Use of the Application is available only to 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 are not eligible to use the Application.
2. Any access to the application by the user, who is a minor, will be mandatorily consented or approved by the parents/legal guardians. We reserve the right to terminate your membership and / or refuse to provide you with access to the Application if it is discovered by us that you are under the age of 18 years and not consented by the parents/legal guardians.
3. Please note that the Company also allows restricted access to unregistered Users on the Online Application.
Privacy:
1. Please note that by agreeing to these Terms, you shall be bound by the Privacy Policy of the Application, which can be viewed by clicking on the following link: Privacy Policy
Usage Conduct:
1. You shall solely be responsible for maintaining the necessary computer or mobile equipment and Internet connections that is required to access, use and transact on the Application.
2. You acknowledge that you only have a limited right merely to use the Application and that you have no right to modify any part of the Application or reproduce, copy, distribute, sold, resold or access the same for commercial purposes illegally.
3. You are also under an obligation to use this Application for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Application. You shall use this Application, and any voucher/ coupons/discount offers subscribed through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
4. You cannot use any meta-tags or any other "hidden text" utilizing the Company / Application or its affiliates' names or trademarks or logo without the express written consent of Company / Application and / or its affiliates, as applicable.
5. You are responsible for all your activities in connection with the use of the Application and hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Application.
6. Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Application or any other third party whatsoever. However, if any such event does take place, We shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.
7. You acknowledge and agree that We have the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
8. During your use of the Application, you will:
  1. not harass other users, students, attendees, support agents or visitors;
  2. not create an atmosphere of disharmony, hostility within student groups;
  3. not cheat on any homework assignment or exams for the service;
  4. not post online any secured testing materials;
  5. not infringe any intellectual property rights proprietary to the Company or any third party;
  6. not access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content;
  7. not hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them;
  8. not circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service/Application (or attempt to do any of these things), including security-related features or features that (i) prevent or restrict the copying or other use of Content or (ii) limit the use of the Service or Content;
  9. not access the Application using any automated means (such as robots, botnets or scrapers);
  10. not collect or harvest any information that might identify a person or user (for example, usernames);
  11. not use the Application to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
  12. not share the user credentials or the user account to anyone (whether living or not);
  13. not cause or encourage any inaccurate measurements of genuine user engagement with the Application, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
  14. not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  15. not run contests on or through the Application;
  16. not use the Application to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
  17. not use the Application to (i) sell any advertising, sponsorships, or promotions placed on, around, or within the Application or Service; (ii) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Services from the Application or where Services from the Application is the primary basis for such sales;
  18. not share solutions to homework assignments or exams; and
  19. notify the instructors immediately if you become aware of any other user cheating or breaching these Terms, and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a service into which such user has subscribed.
9. You must not use the Application for any of the followings:
  1. for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
  2. to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.
  3. use or reproduce the exclusive Intellectual Property of the Company in any way without written consent of the Company or in violation of the law.
  4. access or use the Application or the content therein by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN)).
Communications
1. When you use the Application or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required.
2. You grant us the right to communicate with you by email, phone, WhatsApp, SMS or by such other mode of communication, electronic or otherwise.
Disclaimer of Warranties and Liability
1. This Application, all the services, content, courses, materials, etc. (including but not limited to Transaction or Services) included on or otherwise made available to you through this Application are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
  
  Company, its affiliates and its licensees’ may publicly display advertisements and other information adjacent to or included with Your Content. The Company takes no warranties on the content of such advertisements. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Here, "Content" means text, images, photos, audio, music, video, and all other forms of data or communication. "Your/User Content" means Content that you submit or transmit to, through, or in connection with the service, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed in your account profile.
2. Without prejudice to the forgoing paragraph, Application does not warrant that:
  1. This Application will be constantly available, or available at all; or
  2. The information on this Application is complete, true, accurate or non-misleading.
3. The Company will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Application. The Company does not warrant that its site; information, content, materials or transaction or services included on or otherwise made available to you through the Application; their servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
4. You will be required to enter a valid phone number and email id while subscribing to the content on the Application. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, for communicating the content related updates.
5. Any personal information submitted, collected or stored through Application will be governed by the Privacy Policy of the Company.
6. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Privacy Policy or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
7. The Company will not be responsible to provide any compensation for any loss or injury which occurs during or after your use or subscription on Online Application at any time.
8. We make no representations that the Application operates (or is legally permitted to operate) in all geographic areas, or that the Application, or information, services or products offered through the Application are appropriate or available for use in other locations. Accessing the Application from territories where the Application, or any content or functionality of the Application or its portions thereof is illegal, is expressly prohibited. If you choose to access the Application, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
9. Services are crafted for children across various age groups, with best of our efforts, to be correct. No representations are made for its completeness or correctness. We don’t guarantee that by subscribing to the services or by following the instructions as contained in the various services, videos and workshops the child will be in a position to learn or gain specific knowledge or expertise over a particular art, skill, exercise or game which forms part of the subject matter of the services.
10. Please verify all aspects prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately to the Grievance officer.
Reviews, Feedback, Submissions
1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Application or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the “Comments”) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all rights, titles and interests in all copyrights and other intellectual properties in the Comments.
2. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
3. You hereby agree that while writing reviews/feedbacks/submissions, you shall not violate any condition of our Terms or any applicable policy and would not engage in the following:
  1. Writing a fake review, trading reviews with other course creators, or compensating someone or being compensated to write a review;
  2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
  3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except with a written permission from the Company;
  5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Application search results or any third-party website;
  6. Solicit personal information from minors or submit or transmit pornography; or violate any applicable law.
4. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
5. Further, any reliance placed on Comments available on the Application from a third party shall be at your sole risk and expense
Payment:
1. While availing any of the payment method/s available on the Application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any of the following:
  1. Lack of authorization for any transaction/s; or
  2. Exceeding the preset limit mutually agreed by You and "Bank/s"; or
  3. Any payment issues arising out of the transaction; or
  4. Decline of transaction for any other reason/s; or
  5. RBI and banking regulations applicable to you including but not limited to KYC compliance.
2. Application offers any of the following payment methods:
  1. Banking channels: Net Banking, Credit cards, Debit cards, Prepaid cards, & postpaid cards.
  2. Payment gateways listed on the Application.
  3. Wallets listed on the Application
  4. installment due towards loan approved by "Bank/s" and disbursed to the Application
3. All payments made towards the Services on Application shall be compulsorily in Indian Rupees acceptable in the Republic of India. Application will not facilitate transaction with respect to any other form of currency with respect to the subscription made on Application.
4. Any free trials, workshops or sessions provided on the Platform, shall also be governed by these Terms.
5. User may cancel the service at any time. No refund will be issued once you have subscribed to a service or once the payment (in part or whole) for a service has been made. We do not provide refunds for the lack of usage or dissatisfaction.
6. It is the sole responsibility of the user subscribing into a service to check the accuracy of, and evaluate the suitability and relevance of, the service elected. The subscription into a service is non-transferable.
7. The Application at any given point of time may change, amend, replace or edit the fee of the service.
Intellectual Property Rights
1. Content included on the Application including but not limited to any text, graphics, logos, button icons, images, music, sound, audio clips, video clips, scripts, graphics, courses, materials, advertisements, teasers, digital downloads, data compilations, and software, are the property of Application, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
2. The compilation of all content on this Application including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files are the exclusive property of Application and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Application is the property of Application, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
3. The User content as defined above are the property of Application, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
4. You cannot systematically extract/ or re-utilise parts of the contents of the Application. In particular, you cannot utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Application. You cannot create and/ or publish your own database that features substantial (eg: prices and transaction listings) parts of this Application. You will use the application as per the ‘User Conduct’ clause defined above.
5. Our Logos & Trademarks at various Jurisdictions and you cannot use the trademark for commercially exploiting your interests without our express permission. We reserve our right to initiate legal proceedings if we discover any IPR infringement or passing off.
6. We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, contact the Grievance Officer.
7. Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or YouTube).
Grievance officer:
Indemnity and Release:
1. You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
2. You hereby expressly release the Company or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Other Additional Terms:
1. Special Offers and Coupons: The Company keeps on updating special offers and coupons for its valued users on the Application. The users can choose to avail the same according to the Terms Specified therein.
2. Your liability: That in the event any service delivery is delayed or is cancelled on account of a mistake by you (e.g. providing the wrong or other incorrect/misleading information), any additional costs incurred by the Company for in this event shall be borne by you.
Miscellaneous:
1. The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms. Here, Parties means the User and the Company.
2. These Terms constitutes the complete and entire agreement between the Parties on the subject of ‘terms of usage of the Application’ (save and except the other policies) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.
3. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of these Terms, which shall remain in full force an effect.
4. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
5. For the purpose of clarity, it is hereby being stated that the Application is not engaged in any form of e-commerce business and is merely an Online Application.