1. CONTRACTUAL RELATIONSHIP
The following TERMS OF USE conduct the access or use by you, an individual, from within Nepal of applications, websites, content, products, and the SERVICES made available by Try Sewa Private Limited, a private limited company established in Nepal, having its registered office at Sitapaila, Kathmandu (TRY SEWA)
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
You agree to be bound by these Terms when accessing and using the Services. This creates a contractual relationship between you and Try Sewa. You may not use the Services or access them if you do not agree to these Terms. Written agreements we've had with you before are expressly superseded by these Terms.
Some Services may have additional conditions that apply, such as rules for a specific event, activity, or campaign. These additional terms will be made known to you in connection with the relevant Services. For the relevant Services, supplemental terms are in addition to the Terms and shall be deemed to be a part of them. If there is a dispute concerning the relevant Services, the appropriate supplemental terms shall prevail over these Terms.
Try Sewa may restrict you from accessing or using the Services, or any part of them, Immediately, without notice, in circumstances where Try Sewa reasonably suspects that:
you have or are likely to, breach these Terms; and/or
you do not, or are likely not to, qualify, under applicable law or the standards and policies of Try Sewa and its affiliates, to access and use the Services
Try Sewa may terminate these Terms or any Services concerning you, or generally, cease offering or deny access to the Services or any portion thereof:
Immediately, where Try Sewa reasonably suspects that:
you have or are likely to, materially breach these Terms; and/or
you do not, or are likely not to, quality, under applicable law or the standards and policies of Try Sewa and its affiliates, to access and use the Services; or
on 30 days' written notice to you, where Try Sewa, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Try Sewa may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time.
You may terminate these Terms at any time, for any reason.
Try Sewa may amend any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time.
Try Sewa will provide you with at least 30 days written notice in the event of a material change to any policies or supplemental terms that detrimentally affect your rights under these Terms.
Amendments will be effective upon Try Sewa's posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
Modifications To Terms Of Use And/Or Privacy Policy
Try Sewa reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with the legal and regulatory framework and to other legitimate business purposes, at any time, and Try Sewa will post the amended Terms at the domain of terms domainwww.trysewa.com/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the website (www.trysewa.com) (‘Website’) or the Try Sewa Platform following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Try Sewa Platform.
Privacy Policy
Try Sewa has established a Privacy Policy that explains to users how their personal information is collected and used.
The Privacy Policy is located at Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Try Sewa and how they may make a privacy complaint.
The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website and/ or the Try Sewa Platform is governed by the Privacy Policy.
If there is a complaint, dispute, or conflict between you and a third party, including an accident, and such information or data is required to resolve the complaint, dispute, or conflict, only then Try Sewa may disclose users' personal information to third parties. Try Sewa may provide any necessary Information (including your contact information) to a claim's processor or an insurer if information or data is necessary for the inquiry/investigation that is being carried out by the said body and/or agency or any organization in accordance to the law or furtherance of any investigation involving you and a third party and such as per the requirement of the case.
2. THE SERVICES
Try Sewa will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of Try Sewa's Website to
arrange and schedule home-based services with independent third-party S providers of those services, who have an agreement with Try Sewa or its affiliates (‘Third Party Providers’); and
facilitate payments to Third Party Providers for the services and receive receipts for those payments.
The Services are made available solely for your personal, non-commercial use unless Try Sewa has agreed with you otherwise in a separate agreement. You acknowledge that Try Sewa does not provide home-based services and that all such home-based services are provided by independent third-party contractors who are not employed by Try Sewa or any of its affiliates. Try Sewa accepts liability for the Services and the Try Sewa Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you.
License
Subject to your compliance with these Terms, Try Sewa grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to
access and use the Try Sewa Platform on your personal device solely in connection with your use of the Services; and
access and use any content, Information, and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Try Sewa and Try Sewa's licensors.
Restrictions
You may not:
remove any copyright, trademark, or other proprietary notices from any portion of the Services;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Try Sewa;
decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
link to, mirror, or frame any portion of the Services;
cause or launch any programs or scripts for scraping, indexing surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision Of The Services
You acknowledge that portions of the Services may be made available under Try Sewa's various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
certain of Try Sewa's subsidiaries and affiliates: or
Independent Third-Party Providers.
Third-Party Services And Content
The Services may be made available or accessed in connection with third-party services and content (including advertising) that Try Sewa does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Try Sewa does not endorse such third-party services and content and in no event shall Try Sewa be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable International subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms outlined in the applicable third-party beneficiary's terms of service.
Ownership
The Services and all rights therein are and shall remain Try Sewa's property or the property of Try Sewa's licensors. Neither these Terms nor your use of the Services conveys or grants to you any rights:
in or related to the Services except for the limited license granted above; or
to use or reference in any manner Try Sewa's company names, logos, product and service names, trademarks or service marks, or those of Try Sewa's licensors.
3. YOUR USE OF THE SERVICES
User Accounts
To use most aspects of the Services, you must register for and maintain an active personal user Services account (‘Account’). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account unless a specific Service permits otherwise. Account registration requires you to submit to Try Sewa certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner).
You agree to maintain accurate, complete, and up-to-date information in your Account. If you fail to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, it results in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Try Sewa in writing, you may only possess one Account.
User Requirements And Conduct
The Service is not available for use by people under the age of 18,
The user may not authorize third parties to use your Account,
The user may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you,
The user may not assign or otherwise transfer your Account to any other person or entity.
The user must agree to comply with all applicable laws when accessing or using the Services,
The user may only access or use the Services for lawful purposes,
While using the services, the user must not cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances,
In certain instances, the user may be asked to provide proof of identity or another method of identity verification to access or use the Services, and
The user must agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or another method of identity verification.
No Discrimination
Try Sewa prohibits discrimination against Third Party Providers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal to accept services based on any of these characteristics.
If it is found that you have violated this prohibition you will lose access to the Try Sewa platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.
Text Messaging
By creating an Account, you agree that the Services may send you text messages (SMS) as part of the normal business operation of your use of the Services. You may opt out of receiving SMS from Try Sewa at any time by informing Try Sewa of your decision to stop receiving such SMS. You acknowledge that opting out of receiving SMS may impact your use of the Services.
User-Provided Content
Try Sewa may, in Try Sewa's sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Try Sewa through the Services textual, audio, and/or visual content and Information, Including commentary and feedback related to the Services, Initiation of support requests, and submission of entries for competitions and promotions (‘User Content’). Any User Content provided by you remains your property. However, by providing User Content to Try Sewa, you grant Try Sewa a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Try Sewa's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Try Sewa the license to the User Content as set forth above,
neither the User Content nor your submission, or uploading. publishing or otherwise making available of such User Content nor Try Sewa's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation,
you are not providing feedback for services performed by you in your capacity as a service provider on the platform.
You agree to not provide User Content that is defamatory, grossly harmful, blasphemous, pedophilic, invasive of another's privacy, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Try Sewa in its sole discretion, whether or not such material may be protected by law. Try Sewa may, but shall not be obligated to, review, monitor, or remove User Content, at Try Sewa's sole discretion and at any time and for any reason, without notice to you.
Network Access And Devices
You are responsible for obtaining the data network access necessary to use the Services.
Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Try Sewa Platform and any updates thereafter.
Try Sewa does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. PAYMENT
You understand that use of the Services may result in charges to you for the services you receive from a Third-Party Provider (Charges). After you have received services obtained through your use of the Service, Try Sewa will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider's limited payment collection agent. Payment of the Charges in such a manner shall be considered the same as payment made directly by you to the Third-Party Provider.
Try Sewa shall charge you a convenience fee ("Fee") for the Services provided by Try Sewa to you. The Fee may be charged to you at the time of booking of services on the platform or upon the completion of the service.
Such Charges and Fees will be inclusive of applicable taxes where required by law. Charges and Fees paid by you are final and non-refundable unless otherwise determined by Try Sewa or required by the relevant Consumer Law Legislation. Under the relevant Consumer Law Legislation, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. You retain the right to request lower Charges or Fees from a Third-Party Provider for services received by you from such Third-Party Provider at the time you receive such services. Try Sewa will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service.
All Charges and Fees are due immediately and payment will be facilitated by Try Sewa using the preferred payment method designated in your Account.
As between you and Try Sewa, Try Sewa reserves the right to establish, remove and/or revise Charges for any or all services obtainable through the use of the Services at any time in Try Sewa's sole discretion. Further, you acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Try Sewa will use reasonable efforts to inform you of Charges and Fees that may apply, provided that you will be responsible for Charges and Fees incurred under your Account regardless of your awareness of such Charges, Fees, or the amounts thereof. Try Sewa may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third-Party Provider at any time prior to such Third-Party Provider's arrival, in which case you may be charged a cancellation fee. Additionally, the applicable taxes (whether direct or indirect) that are liable to be charged/ deducted from the cancellation fees will be charged to you by Try Sewa.
Further, Try Sewa may from time to time offer subscription packages to you, wherein, in exchange for monetary consideration, additional benefits such as discounted services from Third Party Providers will be made available to you. The said benefits will only be available for a limited period as may be agreed with you in advance.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. Try Sewa does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by Try Sewa (on Try Sewa's website, or in Try Sewa's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "Included" In the payments, you make for services provided is not intended to suggest that Try Sewa provides any additional amounts, beyond those described above, to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider
It is clarified that the Charges and Fees (respectively) shall be made only for the services provided by the Third-Party Provider to you and for the Services provided by Try Sewa to you.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
LIMITATIONS SUBJECT TO LOCAL CONSUMER LAW
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
DISCLAIMER
EXCEPT AS REQUIRED OF TRY SEWA UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" TRY SEWA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TRY SEWA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS, YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
LIMITATION OF LIABILITY
IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, TRY SEWA'S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO:
IN THE CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES,
TRY SEWA'S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY, OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY: TRY SEWA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TRY SEWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRY SEWA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF:
YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF TRY SEWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRY SEWA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TRY SEWA'S REASONABLE CONTROL, TRY SEWA'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE HOME-BASED SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT TRY SEWA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME-BASED SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY OUTLINED IN THESE TERMS, TRY SEWA WILL MAINTAIN COMPLAINTS MANAGEMENT FRAMEWORK AND WILL MANAGE THIS FRAMEWORK ON BEHALF OF THIRD- PARTY PROVIDERS, IN A REASONABLE WAY AND ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW.
LEGISLATION
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, TRY SEWA WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF TRY SEWA. SUCH ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, AND OTHER NATURAL DISASTERS, ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
Indemnity
You agree to indemnify and hold Try Sewa and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with:
your use of the Services or services or goods obtained through your use of the services;
your breach or violation of any of these Terms;
Try Sewa's use of your User Content; or
your violation of the rights of any third party, including Third Party Providers ("Losses").
Your liability under this clause shall be reduced proportionately if, and to the extent that, Try Sewa directly caused or contributed to any such Losses
6. GOVERNING LAW; ARBITRATION
There are several mechanisms available to you to resolve any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction, or its enforceability or with the services provided by a Third- Party Provider (any "Dispute"). Try Sewa or its affiliates operate a complaints process to allow you to make complaints about Try Sewa or Third-Party Providers, and Try Sewa or its affiliates also manage refunds to you about those complaints, Try Sewa or its affiliates will reasonably operate this complaints process.
You agree and acknowledge that you must raise any Dispute with the Services or the services provided by a Third-Party Provider as soon as is practicable, but no later than 48 hours from the time the Dispute arises. If you fail to raise a Dispute within 48 hours from the initial occurrence of such Dispute, Try Sewa shall be under no obligation to resolve such Dispute. If a Dispute is reported more than 48 hours after the initial occurrence of the Dispute Try Sewa shall in its sole discretion choose whether or not to attempt the resolution of the Dispute. In addition, you may have the right to make a complaint to fair trading or consumer law bodies about applicable consumer laws, including the non-excludable portions of the relevant Consumer Law legislation.
Except as otherwise outlined in these Terms, these Terms shall be exclusively governed by and construed under the laws of Nepal, excluding Its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of Nepal or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. If either party elects to pursue final and binding arbitration.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order, and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless
the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and
the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to (enter emailTry Sewa Email)
Notice
Try Sewa may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give the notice to Try Sewa by written communication to Try Sewa's address at Sitapaila, Kathmandu. House/ building no.
General
You may not assign or transfer these Terms in whole or in part without Try Sewa's prior written approval. You give your approval to Try Sewa for it to assign or transfer these Terms in whole or in part, including to
a subsidiary or affiliate;
an acquirer of Try Sewa's equity, business, or assets; or
a successor by merger.
No joint venture, partnership, employment, or agency relationship exists between you, Try Sewa, or any Third-Party Provider as a result of the contract between you and Try Sewa or the use of the Services.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersede all prior or contemporaneous agreements or undertakings regarding the such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law Legislation. In these Terms, the words ‘including’ and ‘include’ mean ‘including, but not limited to.