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The following demonstrates terms and conditions of use (here-in-after
referred to as an "Agreement"), applicable to your use of Bizhands.com
(hereinafter referred to as "web site"), which promotes business between
suppliers and buyers globally. It is an agreement between you as the user(s) of
the web site (the "User(s)") and Volgatech
Before you subscribe to and/or begin participating in or using
web site, Volgatech believes that user(s) have fully read, understood and accept
the agreement.If you do not agree to or wish to be bound by agreement , you may
not access or otherwise use the web site.
I. WEBSITE- MERELY A VENUE/PLATFORM
II. USER(S) ELIGIBILITY
III. USER(S) AGREEMENT
IV. AMENDMENT TO USER(S) AGREEMENT
V. INTELLECTUAL PROPERTY RIGHTS
VI. LINKS TO THIRD PARTY SITES
VII. TERMINATION
VIII. REGISTERED USER(S)
IX. DATA PROTECTION
X. DATA PROTECTION
XI. INTERACTION BETWEEN USERS
XII. LIMITATION OF LIABILITY/DISCLAIMER
XIII. NOTICES
XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
XV. MISCELLANEOUS
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I. WEBSITE- MERELY A VENUE/PLATFORM
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Web site acts as a mere venue/platform for our members to
negotiate/interact for buying, selling and other business services by way of locating
companies to do business with, through our on-line exchange.
We do not take part in the actual transaction that takes place
between the buyers and sellers and hence are not a party to any contract for sale
negotiated between buyers and sellers. All transactions will be the responsibility
of the members only. This agreement shall not be deemed to create any partnership,
joint venture, or other joint business relationship between Volgatech and other
party.
User(s) means any individual or business entity/organization
that legally operates in India or in other countries, uses and has the right to
use the services provided by Volgatech. Our services are available only to those
individuals or companies who can form legally binding contracts under the applicable
law. Therefore, user(s) must not be a minor as per Indian Law, i. e. user(s) must
be at least 18 years of age to be eligible to use our services.
Volgatech advises its users that while accessing the web site,
they must follow/abide by the related laws. Volgatech is not responsible for the
possible consequences caused by your behaviour during use of web site. Volgatech
may, in its sole discretion, refuse the service to anyone at any time. The service
is not available to temporarily or indefinitely suspended members of web site.
This agreement applies to user(s) if user(s) are visitors,
registered user(s) who access the web site for any purpose. It also applies to any
legal entity which may be represented by you under actual or apparent authority.
User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all Volgatech services offered on
the web site, collectively with any additional terms and condition that may be applicable
to the specific service used/accessed by user(s).In the event of a conflict or inconsistency
between any provision of the terms and conditions mentioned herein with those of
the particular service, the provisions of the terms and conditions applicable to
such specific services shall prevail.
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IV. AMENDMENT TO USER(S) AGREEMENT
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Volgatech may change, modify, amend, or update this agreement
from time to time without any prior notification to user(s) and the amended and
restated terms and conditions of use shall be effective immediately on posting.
If you do not adhere to the changes, you must stop using the service. Your continuous
use of the service will signify your acceptance of the changed terms.
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V. INTELLECTUAL PROPERTY RIGHTS
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Volgatech is the sole owner or lawful licensee of all the
rights to the web site and its content. Web site content means its design, layout,
text, images, graphics, sound, video etc. The web site content embody trade secrets
and intellectual property rights protected under worldwide copyright and other laws.
All title, ownership and intellectual property rights in the web site and its content
shall remain with Bizhands.com, its affiliates or licensor's of Bizhands.com content,
as the case may be.
All rights, not otherwise claimed under this agreement or
by Bizhands.com, are hereby reserved. The information contained in this web site
is intended, solely to provide general information for the personal use of the reader,
who accepts full responsibility for its use. Volgatech does not represent or endorse
the accuracy or reliability of any information, or advertisements (collectively,
the "content") contained on, distributed through, or linked, downloaded
or accessed from any of the services contained on this web site, or the quality
of any products, information or other materials displayed, or obtained by you as
a result of an advertisement or any other information or offer in or in connection
with the service.
We accept no responsibility for any errors or omissions, or
for the results obtained from the use of this information. All information in this
web site is provided "as is" with no guarantee of completeness, accuracy,
timeliness or of the results obtained from the use of this information, and without
warranty of any kind, express or implied, including, but not limited to warranties
of performance, merchantability and fitness for a particular purpose. Nothing herein
shall to any extent substitute for the independent investigations and the sound
technical and business judgment of the user(s). In no event shall Volgatech be liable
for any direct, indirect, incidental, punitive, or consequential damages of any
kind whatsoever with respect to the service, the materials and the products. User(s)
of this site must hereby acknowledge that any reliance upon any content shall be
at their sole risk.
The information presented here has been compiled from publicly
aired and published sources. Volgatech respects these sources and is in no way trying
to infringe on the respective copyrights or businesses of these entities. Volgatech
reserves the right, in its sole discretion and without any obligation, to make improvements
to, or correct any error or omissions in any portion of the service or the materials.
* Trademark
"Volgatech", " Bizhands" and related icons and logos are registered
trademarks or trademarks or service marks of Volgatech in various jurisdictions
and are protected under applicable copyright, trademark and other proprietary rights
laws. The unauthorized copying, modification, use or publication of these marks
is strictly prohibited.
* Copyright
All content on this web site is the copyright of Volgatech except the third party
content and link to third party web site on our website.
Volgatech is not an expert in your intellectual property rights,
and we cannot verify that the users of our online platform have the right to sell
the goods offered. We will appreciate your assistance in identifying listings which
may not appear on their face to infringe your rights but which you believe are infringing.
Volgatech is also not an arbiter or judge of disputes about intellectual property
rights. By taking down a listing, as a prudential matter, Volgatech is not endorsing
a claim of infringement. Neither, in those instances in which Volgatech declines
to take down a listing, is Volgatech determining that the listing is not infringing,
nor is Volgatech endorsing the sale of goods in such cases.
Volgatech respects the intellectual property rights of others,
and we expect our user(s) to do the same. We believes that user(s) agree that they
will not copy, download & reproduce any information, text, images, video clips,
directories, files, databases or listings available on or through the web site (the
"Volgatech content") for the purpose of re-selling or re-distributing,
mass mailing (via email, wireless text messages, physical mail or otherwise), operating
a business competing with Volgatech, or otherwise commercially exploiting the Volgatech
content. Systematic retrieval of Volgatech content to create or compile, directly
or indirectly, a collection, compilation, database or directory (whether through
robots, spiders, automatic devices or manual processes) without written permission
from Volgatech is prohibited.
In addition, use of the content for any purpose not expressly
permitted in this Agreement is prohibited and may invite legal action. As a condition
of your access to and use of Volgatech's services, you agree that you will not use
the web site service to infringe the intellectual property rights of others in any
way. Volgatech reserves the right to terminate the account of a user(s) upon any
infringement of the rights of others in conjunction with use of the Volgatech service,
or if Volgatech believes that user(s) conduct is harmful to the interests of Volgatech,
its affiliates, or other users, or for any other reason in Volgatech's sole discretion,
with or without cause.
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VI. LINKS TO THIRD PARTY SITES
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Links to third party sites are provided by web site as a convenience
to user(s) and Volgatech has not have any control over such sites i.e content and
resources provided by them.
Volgatech may allow user(s) access to content, products or
services offered by third parties through hyper links (in the form of word link,
banners, channels or otherwise) to such Third Party's web site. You are cautioned
to read such sites' terms and conditions and/or privacy policies before using such
sites in order to be aware of the terms and conditions of your use of such sites.
Volgatech believes that user(s) acknowledge that Volgatech has no control over such
third party's site, does not monitor such sites, and Volgatech shall not be responsible
or liable to anyone for such third party site, or any content, products or services
made available on such a site.
Most content and some of the features on the web site are
made available to visitors free of charge. However, Volgatech reserves the right
to terminate access to certain areas or features of the web site (to paying or registered
users) at any time for any reason, with or without notice. Volgatech also reserves
the universal right to deny access to particular users to any/all of its services/content
without any prior notice/explanation in order to protect the interests of Volgatech
and/or other visitors to the web site. Volgatech reserves the right to limit, deny
or create different access to the web site and its features with respect to different
user(s), or to change any of the features or introduce new features without prior
notice.
Volgatech withholds the right to temporary or permanent termination
of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false
information in connection with the member account to Volgatech, or are engaged in
fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions
of use agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish
the same product information.
(d) Post any material to members that is not related to international
trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to
post information or conduct business of any form
(f) Any unauthorized access, use, modification, or control
of the web site data base, network or related services.
(g) Obtain by any means web site member's user name and/or
password.
If Volgatech terminates user(s) membership, user(s) will not
have the right to re-enroll or join Volgatech under a new account or name unless
formally invited to do so by Volgatech. In any case of termination, no membership
charges will be refunded. User(s) acknowledge that inability to use the web site
wholly or partially for whatever reason may have adverse effect on its business.
User(s) hereby agree that in no event shall the web site be liable to the user(s)
or any third parties for any inability to use the web site (whether due to disruption,
limited access, changes to or termination of any features on the web site or otherwise),
any delays, errors or omissions with respect to any communication or transmission,
or any damage (direct, indirect, consequential or otherwise) arising from the use
of or inability to use the web site or any of its features.
To become a Registered User(s) there is a proper procedure
which is for the convenience of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form
on the web site by giving desired information (name, email,company name etc ). Volgatech
will establish an account ("Account") for the user(s) upon registration
and assign a user alias ("Login ID") and password ("Password")
for log-in access to your Account. Web site may assign user(s) upon registration
a web-based email/message account with limited storage space to send or receive
email/messages. Users will be responsible for the content of all the messages communicated
through the Email Account, as well as the consequences of any such message.
By becoming a Registered User, you consent to the inclusion
of your personal data in our on-line database and authorize Volgatech to share such
information with other user(s). Volgatech may refuse registration and deny the membership
and associated Login ID and Password to any user for whatever reason. Web site may
suspend or terminate a Registered membership at any time without any prior notification
in interest of Volgatech or general interest of its visitors/other members without
giving any reason thereof. Registered User are not a part or affiliate of Volgatech
in any way.
Personal information supplied by user(s) during the use of
web site is governed by our privacy policy. Please click here to know about our
privacy policy.
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X. POSTING YOUR CONTENT ON WEBSITE
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Some of the content displayed on the website is provided or
posted by third parties. User(s) can post their content on some of the sections/services
of the web site using the self-help submit and edit tools provided at the respective
section.
Volgatech in such case is not the author. The content here
is contributed by anonymous, registered user(s). Neither Volgatech nor any of its
affiliates, directors, officers or employees has entered into sale agency relationship
with such third party by virtue of our display of the Third Party Content on the
website. Any Third Party content is the sole responsibility of the party who has
provided the content. Volgatech is not responsible for the accuracy, propriety,
lawfulness or truthfulness of any Third Party content, and shall not be liable to
any user(s) in connection with his/her reliance on such Third Party content. In
addition, Volgatech is not responsible for the conduct of user(s) activities on
the web site, and shall not be liable to any person in connection with any damage
suffered by any person as a result of any such user's conduct.
User(s) solely represent, warrant and agree to:
(a) provide Volgatech with true, accurate, current and complete
information to be displayed on the web site and
(b) maintain and promptly amend all information to keep it
true, accurate, current and complete.
User(s) hereby grant an irrevocable, perpetual, worldwide
and royalty-free, sub-licensable (through multiple tiers) license to Volgatech to
display and use all information provided by them in accordance with the purposes
set forth in agreement and to exercise the copyright, publicity, and database rights
you have in such material or information, in any form of media, third party copyrights,
trademarks, trade secret rights, patents and other personal or proprietary rights
affecting or relating to material or information displayed on the web site, including
but not limited to rights of personality and rights of privacy, or affecting or
relating to products that are offered or displayed on the web site (hereafter referred
to as"Third Party Rights").
User(s) hereby represent, warrants and agree that user(s)
shall be solely responsible for ensuring that any material or information you post
on the web site or provide to web site or authorize the web site to display, does
not, and that the products represented thereby do not, violate any Third Party Rights,
or is posted with the permission of the owner(s) of such rights. User(s) hereby
represent, warrant and agree that they have the right to manufacture, offer, sell,
import and distribute the products offered and displayed on the web site, and that
such manufacture, offer, sale, importation and/or distribution of those products
violates no Third Party Rights.
User(s) hereby represent, warrant and agree that information
submitted to Volgatech for display on the web site will not:
* Contain fraudulent information or make fraudulent offers
of items or involve the sale or attempted sale of counterfeit or stolen items or
items whose sales and/or marketing is prohibited by applicable law, or otherwise
promote other illegal activities;
* Be part of a scheme to defraud other User(s) of the web site or for any other
unlawful purpose;
* Relate to sale of products or services that infringe or otherwise abet or encourage
the infringement or violation of any third party's copyright, patent, trademarks,
trade secret or other proprietary right or rights of publicity or privacy, or any
other Third Party Rights;
* Violate any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
* Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
* Be obscene or contain or infer any pornography or sex-related merchandising or
any other content or otherwise promotes sexually explicit materials or is otherwise
harmful to minors;
* Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age;
* Contain any material that constitutes unauthorized advertising or harassment (including
but not limited to spamming), invades anyone's privacy or encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any law or regulation;
* Solicit business from any User(s) in connection with a commercial activity that
competes with Volgatech;
* Contain any computer viruses or other destructive devices and codes that have
the effect of damaging, interfering with, intercepting or expropriating any software
or hardware system, data or personal information;
* Link directly or indirectly to or include descriptions of goods or services that
are prohibited under the prevailing law; or
* Otherwise create any liability for Volgatech or its affiliates.
Volgatech reserves the right in its sole discretion to remove
any material/content/photos/offers displayed on the web site which it reasonably
believes is unlawful, could subject Volgatech to liability, violates the terms and
conditions and/or Agreement or is otherwise found inappropriate in Volgatech's opinion.
Web site reserves the right to cooperate fully with governmental authorities, private
investigators and/or injured third parties in the investigation of any suspected
criminal or civil wrongdoing.
In connection with any of the foregoing, web site may suspend
or terminate the Account of any User as web site deems appropriate in its sole discretion.
User(s) agree that web site shall have no liability to any User(s), including no
liability for consequential or any other damages, in the event web site takes any
of the actions mentioned in this Section, and that you agree to bear the risk that
web site may take such actions.
Web site acts as a content integrator and is not responsible
for the information provided by user(s) to be displayed on the web site. Volgatech
do not have any role in developing the content.
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XI. INTERACTION BETWEEN USERS
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Volgatech provides an on-line platform for exchanging information
between buyers and suppliers of products and services. Web site does not represent
the seller or the buyer in specific transactions and does not charge any commission
for enabling any transaction. Web site does not control and is not liable to or
responsible for the quality, safety, lawfulness or availability of the products
or services offered for sale on the web site or the ability of the suppliers to
complete a sale or the abil
User(s) acknowledge that user(s) fully assume the risks of
purchase and sale transactions when using the web site to conduct transactions,
and that user(s) fully assume the risks of liability or harm of any kind in connection
with subsequent activity of any kind relating to products or services that are the
subject of transactions using the web site.
Such risks shall include, but are not limited to, mis-representation
of products and services, fraudulent schemes, unsatisfactory quality, failure to
meet specifications, defective or dangerous products, unlawful products, delay or
default in delivery or payment, cost mis-calculations, breach of warranty, breach
of contract and transportation accidents. Such risks also include the risks that
the manufacture, importation, distribution, offer, display, purchase, sale and/or
use of products or services offered or displayed on the web site may violate or
may be asserted to violate Third Party Rights, and the risk that you may incur costs
of defense or other costs in connection with third parties' assertion of Third Party
Rights, or in connection with any claims by any party that they are entitled to
defense or indemnification in relation to assertions of rights, demands or claims
by Third Party Rights claimants. Such risks also include the risks that consumers,
other purchasers, end-users of products or others claiming to have suffered injuries
or harms relating to product originally obtained by user(s) of the web site as a
result of purchase and sale transactions in connection with using the web site may
suffer harms and/or assert claims arising from their use of such products. All of
the foregoing risks are hereafter referred to as "Transaction Risks".
User(s) agree that Volgatech shall not be liable or responsible
for any damages, liabilities, costs, harms, inconveniences, business disruptions
or expenditures of any kind that may occur/arise as a result of or in connection
with any Transaction Risks. User(s) are solely responsible for all of the terms
and conditions of the transactions conducted on, through or as a result of use of
the web site, including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation
and storage. In the event of a dispute with any party to a transaction, user(s)
agrees to release and indemnify Volgatech (and our agents, affiliates, directors,
officers and employees) from all claims, demands, actions, proceedings, costs, expenses
and damages (including without limitation any actual, special, incidental or consequential
damages) arising out of or in connection with such transaction. User(s) may use
the content/features on web site solely for their personal or internal purposes.
User(s) agree that they will not use Volgatech database and/or services to send
junk mail, chain letters or spamming or the transmission of any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. Further, as a Registered User, user(s) will not
use the Email Account to publish, distribute, transmit or circulate any unsolicited
advertising or promotional information or any content that is obscene, indecent,
seditious, offensive, defamatory, threatening, or which incites or results in causing
racial hatred, discrimination, menace or breach of confidence.
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XII. LIMITATION OF LIABILITY/DISCLAIMER
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The features and services on the web site are provided on
an "as is" and "as available" basis, and web site hereby expressly
disclaims any and all warranties, express or implied, including but not limited
to any warranties of condition, quality, durability, performance, accuracy, reliability,
merchantability or fitness for a particular purpose. All such warranties, representations,
conditions, undertakings and terms are hereby excluded. Volgatech makes no representations
or warranties about the validity, accuracy, correctness, reliability, quality, stability,
completeness of any information provided on or through the web site. Volgatech does
not represent or warranty that the manufacture, importation, distribution, offer,
display, purchase, sale and/or use of products or services offered or displayed
on the web site does not violate any third party rights; and Volgatech makes no
representations or warranties of any kind concerning any product or service offered
or displayed on the web site. Any material downloaded or otherwise obtained through
the web site is done at your sole discretion and risk and you are solely responsible
for any damage to your computer system or loss of data that may result from the
download of any such material. No advice or information, whether oral or written,
obtained by you from web site or through or from the web site shall create any warranty
not expressly stated herein.
Under no circumstances shall web site be held liable for an
delay or failure or disruption of the content or services delivered through the
web site resulting directly or indirectly from acts of nature, forces or causes
beyond its reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities,
war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties. User(s) hereby agree to indemnify and save web
site, its affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis) which
may arise from your use of the web site (including but not limited to the display
of your information on the web site) or from your breach of any of the terms and
conditions of this Agreement. User(s) hereby further agree to indemnify and save
web site, its affiliates, directors, officers and employees harmless, from any and
all losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from your breach of any representations and warranties made by you
to web site.
User(s) hereby further agree to indemnify and save web site,
its affiliates, directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis) which may
arise, directly or indirectly, as a result of any claims asserted by Third Party
Rights claimants or other third parties relating to products offered or displayed
on the web site. User(s) hereby further agree that web site is not responsible and
shall have no liability to it, for any material posted by others, including defamatory,
offensive or illicit material and that the risk of damages from such material rests
entirely with you. Web site reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with web site in asserting any available
defenses.
Web site shall not be liable for any special, direct, indirect,
punitive, incidental or consequential damages or any damages whatsoever (including
but not limited to damages for loss of profits or savings, business interruption,
loss of information), whether in contract, negligence, tort, strict liability or
otherwise or any other damages resulting from any of the following:
* The use or the inability to use the web site;
* Any defect in goods, samples, data, information or services purchased or obtained
from a User(s) or a third-party service provider through the web site;
* Violation of Third Party Rights or claims or demands that User(s) manufacture,
importation, distribution, offer, display, purchase, sale and/or use of products
or services offered or displayed on the web site may violate or may be asserted
to violate Third Party Rights; or claims by any party that they are entitled to
defense or indemnification in relation to assertions of rights, demands or claims
by Third Party Rights claimants;
* Unauthorized access by third parties to data or private information of any User(s);
* Statements or conduct of any User(s) of the web site; or
* Any matters relating to Premium Services however arising, including negligence.
All notices or demands to or upon web site shall be effective
if in writing and shall be duly made when sent to Volgatech in the following manner:
to 32 Juhu Supreme Shopping Centre, Gulmohar cross road no 9, J.V.P.D Scheme, Mumbai,
Maharashtra, India.
All notices or demands to or upon a User(s) shall be effective
if either delivered personally, sent by courier, certified mail, by facsimile or
email to the last-known correspondence, fax or email address provided by the User(s)
to web site, or by posting such notice or demand on an area of the web site that
is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such
User(s) if and when web site is able to demonstrate that communication, whether
in physical or electronic form, has been sent to such User(s), or immediately upon
web site's posting such notice on an area of the web site that is publicly accessible
without charge.
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XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
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Terms and condition of use agreement and/ or Agreement, Privacy
Policy shall be governed in all respect by the laws of Indian Territory. Volgatech
considers itself and intended to be subject to the jurisdiction only of the Courts
of Mumbai, Maharashtra, India. The parties to this Agreement hereby submit to the
exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
* Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
* Web site's failure to enforce any right or failure to act with respect to any
breach by a User(s) under these terms and conditions will not waive that right nor
waives Volgatech's right to act with respect with subsequent or similar breaches.
* Web site shall have the right to assign its obligations and duties in this Agreement
and in any agreement relating to any/all of its Services to any person or entity.
* If any provision of the terms and conditions of use and/or Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced.
The above mentioned terms and conditions of use and/or Agreement
and the Privacy Policy constitute the entire agreement between the User(s) and Volgatech
with respect to access to and use of the web site, superseding any prior written
or oral agreements in relation to the same subject matter herein.
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