MOBILE APPLICATION TERMS AND CONDITIONS
Effective date: August 16, 2022
These terms and conditions apply to You, the the user of this application, and Vircap Technologies, the Owner and operator of the following application: Vircap (the "Application").
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY as they affect Your legal right.
"Parties" means both You (the user of the Service) and the Owner of this Service.
"Content" means any content, writing, images, audiovisual content or other information published on this Service
"Materials" means any materials, information or documentation that we may provide to You in connection with Your use of the Products including documentation, data, information developed any use and other materials which may assist in Your use of the Service(s).
"Terms" means these terms and conditions.
"Service" means the application, which is known as: Vircap including all pages, sub pages, all blogs, forums and other connected internet content whatsoever.
"Services" means the services offered on the Application.
The Application is an online store that engages in the sale of the following Services:
Vircap is a financial technologies services provider and acts as such by creating, hosting, maintaining and providing Vircap Services our website, mobile application or API (altogether referred to as “Vircap Platform”).
Vircap Services refers to the services which enable you and other users congregated on the Vircap Platform to – Send, receive, buy and sell cryptocurrencies of any form using Using peer to Peer Service via a cryptocurrency wallet hosted by Vircap;
This Application is comprised of various pages operated by Vircap.
This Service is offered to You upon Your acceptance of the Terms, conditions, notices hereinafter contained. Your use of this Service constitutes Your agreement to all the Terms contained herein.
a. By using this Application, You acknowledge that You have reviewed, considered the Terms of this Agreement and understand same and agree to be bound by it. If You do not agree with these Terms or do not intend to be bound by it, You must quit the use of this Application immediately. In addition, when using these Service, You shall be subject to any posted guidelines or rules applicable to such services. Accordingly, any participation in this Service shall constitute acceptance of this Agreement.
b. By using this Application and agreeing to these Terms, You represent and warrant that You have the legal capacity to accept these Terms.
a. We may provide You with other items in connection with Your use of this Service.
b. We hereby grant You the license to use our Service for Your personal, non-commercial use to retrieve, display and view the Content on a computer screen.
c. The license created under these Terms is limited, non-exclusive, non-transferable and revocable.
d. You agree that You will not use the Contents or Materials for any other purpose which may be contrary to your license to use this Service.
e. Any unauthorized use by You shall terminate the permission or license granted by this Application.
(a). You agree not to use the Service in the following manner:
(I). Breach this Terms of Use, any policy and/or any agreement that you have agreed to with Vircap.
(II). to perpetrate fraud, either to Engage or facilitate.
(III). Breach any applicable laws and regulations.
(IV). to post, transmit or cause to be posted or transmitted, any communication or solicitation designed to obtain password, account, or private information of other Users or persons;
(V). to post copyrighted content which does not belong to You and without obtaining the prior consent of the author;
(VI). to use robot, spider, scraper, viruses, trojan horses, worms or other computer programming routines or other automated means that may cause damage or interfere with systems, data and information
(VII). to engage in or create any unlawful gambling, sweepstakes, or scheme;
(VIII). publishing or distributing any obscene or defamatory material, by threatening or harassing to Vircap, our employees, agent or other Vircap agents.;
(IX). using this Service in any way that impacts user access to the Application;
(X). to engage in advertisement or solicit any User to buy or sell products or services without obtaining the prior consent of Vircap.
(XI). violating any intellectual property rights of Vircap or any third party;
(XII). to use the Application or any of the Services for illegal spam activities.
(XIII) Provide false, inaccurate or misleading Personal Information when registering on the service.
(XIV) Sell counterfeit goods and/or product or service that is prohibited by law or is contrary to public order or good moral
b. Additionally, you agree that You will not do as follows:
(I). interfere or attempt to interfere with the proper working of this Application; or
(II). bypass any measures we may use to prevent or restrict access to this Application;
(III). to interfere with or circumvent the security features of this Service;
(IV). to damage, disable, overburden or impair this Service or any other person's use of this Service.
(V). to use this Service contrary to the applicable laws and regulations or in a way that causes, or may cause harm to this Application, any person or business entity. We reserve the right to terminate Your use of the Service for violating any of the prohibited uses.
a. You agree that we retain ownership of all Content included on the Application (text, graphics, video, software, data, page layout, images, and any other information capable of being stored in a computer) other than the contents uploaded by users.
b. You are granted a limited license only, subject to the restrictions provided in this Terms, nothing on this Application shall be construed as granting any license or right to use any trademark or logo displayed on the Application without obtaining the prior written consent of the Owner.
c. You hereby agree not to reproduce or distribute Vircap intellectual property or use the intellectual property for any unlawful purpose.
Vircap implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, Vircap voluntarily adheres to local and international compliance standards in relation to customer due diligence, as explained on the Compliance page of the Vircap website.
To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a Vircap Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your Vircap Account. In certain circumstances, Vircap may also perform enhanced due diligence (“EDD”) procedures in relation to your Vircap Account. You accept and agree that you will remain subject to such procedures at all times.
Vircap reserves the right to, at any time: restrict or suspend your Vircap Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or terminate your Vircap Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.
You accept and agree that there may be delays in accessing your Vircap Account, or in carrying out transactions through your Vircap Account, while we undertake any Identity Verification and/or EDD procedures.
a. You may be required to register with us to have access to our Service.
b. You will be required to provide certain personal information, which includes but not limited to Your name, user name, email address and password. The information provided must be correct and accurate.
c. This personal information must not be disseminated to anyone and when You discover that Your information has been compromised, You agree to notify us immediately. You also acknowledge that You are responsible for the security of Your personal information and that the Vircap does not accept liability for the security of Your account as You agree to be responsible for maintaining the confidentiality of Your passwords or other account identifiers which You choose and all activities under Your account.
d. Vircap reserves the right to terminate Your account where You have provided false inaccurate or incorrect information.
e. It is at the sole discretion of Vircap to terminate the account or refuse to sell any Services to any User at any time and for any reason.
a. The Application may offer Products or Services for sale. Vircap undertakes to give accurate information about the description of the Products and Services. However, the Vircap does not guarantee the reliability of any information relating to the Products and Services.
b. Cryptocurrency transactions made on the Vircap Application are non-refundable, irrevocable and cannot be changed after the transaction is confirmed by the user..
c. In the case of cryptocurrency transactions, there shall be no cancellation, reversal or amendment after the transaction has been completed. Note that there is no refund/replacement policy
d. Users must verify transaction amount or reference numbers where applicable before confirming payments for cryptocurrency transactions made on the Vircap Platform.
(a). Where your identity has been verified, you may deposit Local Currency into your Fiat Wallet hosted on the Vircap Application using electronic transfers to make purchase of cryptocurrencies.
(b). Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the “Deposit Requirements”):
(i ) you may only make a Deposit from a bank account (or other Supported Deposit Method) held in your own name. You must not allow any third party to make a Deposit into your Vircap Wallet;
(ii) you may only Deposit Local Currency from a bank account (or other Supported Deposit Method) compatible with the deposit methods available in your country or region;
(c.) You agree to abide by the Deposit Requirements and agree and accept that failure to do so may cause delay in or failure of any Deposit reflecting in your Vircap Wallet, and/or restriction, suspension or termination of your Vircap Account.
(d.) Where you have added your local bank account details to your Vircap Account, you may withdraw funds from your Vircap Wallet to your bank account (a “Withdrawal”). Vircap will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to Vircap, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will Vircap be under any obligation to reverse or amend any Withdrawal.
Vircap will make all reasonable efforts to process Withdrawals each business day, in accordance with the Deposit and Withdrawal Schedule on the Vircap website, but you accept and agree that Vircap provides no guarantee in relation to the Withdrawal processing period.
Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Withdrawal of funds from your Vircap Wallet to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your Vircap Account.Vircap allows users to solicit offers to buy or sell Digital Currencies on its peer to peer (P2P ) marketplace. Payment methods are negotiated and exchanged on a peer-to-peer basis between the buyers in the Marketplace and sellers in the Marketplace. Our users agree upon which payment methods to use to complete a transaction and are fully responsible and liable for using such payment methods in a lawful manner.
Our users are able to post offers to either buy or sell Digital Currencies in a variety of convenient methods. The creator of the offer is responsible for listing terms of the transaction, including the payment methods the Seller will accept. Once an offer is selected by another Vircap user, the Seller’s Digital Currencies are locked as part of our transaction procedures (which we refer to as “Vircap Escrow”) until all conditions necessary to consummate the transaction have occurred. Vircap shall deploy its systems to match buying offers to selling offers to provide the users with the best available matching offers on the Vircap Peer to Peer Exchange.The sale is complete and Digital Currencies are unlocked and released to the Buyer by the Seller once the Buyer has completed the terms of the transaction and payment has been confirmed valid and received by the Seller. VIRCAP DOES NOT ACT AS A PAYMENT PROCESSOR. ALL LIABILITY FOR SENDING AND RECEIVING PAYMENT AND CONFIRMING THE VALIDITY OF THE TRANSACTIONS LIE BETWEEN THE BUYER AND SELLER. The Digital Currencies we lock are released back to the Seller if the Buyer chooses to cancel the transaction. The Seller may cancel the transaction at any point. The Seller only has the option to unlock the Digital Currencies and release it to the Buyer. This is for the security protection for the Buyer. Should a Seller need to cancel the transaction due to a Buyer not following the terms of the transaction, they must start a dispute and provide a reason for doing so. The following general terms apply to each transaction described below:
(a). Buying Digital Currencies via soliciting an offer on the Peer to Peer Exchange.
When purchasing Digital Currencies on the Vircap Peer to Peer Marketplace: There are no fees for Vircap Escrow as part of a transaction that are payable by Buyers on our Marketplace. Offers from Vircap counterparties have their own terms and conditions and each offer will vary in exchange rate, speed of exchange, and other terms and conditions imposed by a Seller. Vircap shall deploy its systems to match buying offers to selling offers to provide the buyer with the best available matching selling offers on the Vircap Peer to Peer Exchange and this matching service shall not be considered as an offer to sell, an agency service,a brokerage service or a guarantee by Vircap and the Buyer has the rights to decline the match and to choose any other selling offers available on the Peer to Peer Exchange. By accepting a Seller’s offer, you agree to be bound by the terms and conditions of that offer. The terms and conditions specified by the Seller are valid in all cases except when they contradict or violate this Agreement, are illegal, are unreasonable or otherwise difficult to comply with (as determined in Vircap's sole and absolute discretion), or if both users of the transaction consent to alter the terms and conditions of such offer.IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THE SELLER’S OFFER TERMS AND CONDITIONS AND FOLLOW THEM EXACTLY. IF YOU DO NOT FOLLOW THE OFFER TERMS AND CONDITIONS, YOUR PAYMENT WILL NOT BE ACCEPTED. NEVER SUBMIT PAYMENT UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED IN THE OFFER. IF YOU SUBMIT PAYMENT WITHOUT FOLLOWING THE TERMS AND CONDITIONS, VIRCAP CANNOT ASSIST YOU IN A DISPUTE PROCESS TO RECOVER YOUR PAYMENT.
Payment verification and providing instruction to unlock Digital Currencies from Vircap Escrow are the sole obligations of the Seller and not that of Vircap. If the Seller does not release the Digital Currencies to you upon proper completion of the Seller’s terms and conditions, promptly report the issue via the designated dispute button within the particular transaction chat. Vircap support will review and settle the dispute via Vircap's Dispute Resolution Process.” If you do not follow this dispute resolution process, Vircap will be unable to assist you with this matter.
(a). Buying Digital Currencies via soliciting an offer on the Peer to Peer Exchange.
When selling Digital Currencies on the Vircap Peer to Peer Exchange: Sellers must verify and process the payment in a reasonable amount of time, and within a certain amount of time as specified in the offer terms. Once the Buyer has submitted payment to you in accordance with the offer terms, it is your sole duty and responsibility to promptly verify and process the payment and then unlock the Digital Currencies from Vircap Escrow and release it to the Buyer. If you do not follow the instructions on the offer, you may not be entitled to a return of your locked Digital Currencies.
As a Seller you accept all risks and liabilities for any violation of this Agreement incurred through the sale of Digital Currencies. You also accept that Vircap shall deploy its systems to match your selling offers to the best available matching buying offers on the Vircap Peer to Peer Exchange and that this matching service shall not be considered as an offer to buy, an agency service, a brokerage service, or a guarantee by Vircap and the Seller has the rights to decline the match and to choose any other buying offers available on the Peer to Peer Exchange.All taxes to be paid are your responsibility. Vircap charges a fee to you as the Seller of Digital Currencies for locking Digital Currencies in Vircap Escrow subject to a sale. Unless determined otherwise in Vircap'ssole and absolute discretion, Vircap shall not reimburse any losses to the Seller whether due to a violation of this Agreement, fraud or otherwise and our fee will not be refunded under any circumstances.
Any payment received should be fully processed and confirmed as received by you before unlocking the Digital Currencies from Vircap Escrow. Vircap is not responsible for your loss if you prematurely unlock Digital Currencies before payment has been properly verified and received by you. You must be attentive and responsive to your Buyer. You should deactivate any inactive offers.
Any advertisement of your own website in any section ofVircap's Peer to Peer Marketplace (such as your bio, offer terms or transaction chat) that would facilitate buying or selling Digital Currencies outside of Vircap's Services is strictly prohibited. In limited instances, it is permissible to share your website that is created solely for the Seller to receive payment in order to complete the transaction (i.e. trusted third party debit/credit card processing) in the transaction instructions; provided that the use of such external websites are made clear in the offer terms and such websites may not contain any other advertisements or your contact information.
Vircap reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if Vircap suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order;
if Vircap reasonably suspects that the transaction is erroneous; or if Vircap suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Vircap will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
Vircap uses third party payment processors to process any Fiat Currency payment between you and Vircap, including but not limited to payments in relation to your use of the Peer to Peer Exchange Service.
In most cases, the easiest way to settle a dispute is for Buyers and Sellers to communicate, work together to figure out what happened, and come to an agreeable solution. When a Buyer and a Seller cannot come to an agreeable solution, Vircap's support team (“Vircap Support”) can help. Either party can initiate the dispute resolution process (“disputed transaction”or “dispute”) with respect to a transaction. Disputes can only be initiated on transactions that are marked as fully paid by the Buyer. Transactions that are not marked as fully paid by the Buyer, canceled by the Buyer, automatically canceled due to expiration of the time frame set forth in the offer, already disputed and resolved or where the Seller has released the Digital Currencies to the Buyer generally cannot be disputed, reversed, or altered.
Once a dispute has been submitted, Vircap Support will provide the other party with notification by email and by sending a message through the transaction chat feature available to Buyers and Sellers in the Marketplace alerting such party that a dispute has been initiated. If one of your transactions is being disputed, Vircap Support will tell you which transaction is being disputed and why the transaction is being disputed.
Disputed transactions will be investigated by Vircap Support and a decision will be made based upon evidence provided by both parties.
- Unresponsiveness. When you are involved in a transaction, it is important that you remain active and available from the time the transaction is started to the time that the transaction is completed, canceled, or resolved. This means that you must be able to provide a response to a request by Vircap Support in a disputed transaction within the time specified by Vircap Support or you may be deemed as unresponsive and the dispute may be resolved against you.
- Chargebacks. A party may face additional risks depending on the payment method used for the transaction even if Vircap's dispute resolution process finds in favor of such party. The dispute resolution process set forth in this Agreement is separate from any remedies a Buyer or Seller may have through the payment method used in connection with a transaction. Vircap is not obligated to initiate or handle charge-backs and is not liable if a party reverses, charges back, or otherwise disputes a transaction via an avenue made available to the party through the payment method used in the transaction, including after a dispute is closed.
-Finality. You acknowledge and agree that Vircap's decision regarding a Peer to Peer transaction dispute is conclusive, final and binding as described in this Agreement. Vircap will have no liability to either a Buyer or a Seller in connection with its decisions.
The fees applicable to transactions undertaken on the Platform can be viewed on the Fees and Features page of the Vircap website. Vircap reserves the right to change our fees at any time and will update the Fees and Features page accordingly. In certain circumstances, and at our sole discretion, Vircap may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers. Before selling or buying digital currencies on the Vircap App platform you must confirm the rates
Under no circumstances does any information contained on the Platform, or provided to you through your Vircap Account or by any employee, agent or affiliate of Vircap, constitute financial, investment or other professional advice.
You are solely responsible for any decision to store, buy or sell digital currency, and such decision should take into account your risk tolerance and financial circumstances. For more information on the risks involved, see Risks and the Risk Warning on the Vircap website. You should consult your legal or tax professional in relation to your specific situation.
Our privacy policy explains how we treat Your personal data and protect Your privacy when You use our Service. By using our Service, You agree that the Owner can use such data in the manner described in the our Privacy Policy located in: https://vircap.io
Vircap is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with Vircap. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to Vircap may be retained by us, including following the closure of your Vircap Account.
You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications we provide to You electronically, via email and on this Application, satisfy any legal requirements that communications must be in writing.
You hereby agree as follows:
(I). not to reverse engineer or permit the reverse engineering or dissemble any code or software from or on the Application or Services; and
(II). not to violate the Security of the Application or other Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host or User or network.
Vircap takes security very seriously and the measures we have in place to protect your Vircap Account are explained on the Security page of the Vircap website. However, you are solely responsible for:
- maintaining adequate security and control over your Vircap Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your Vircap Account;
- enabling any additional security features available to you, including the activation of two factor authentication on your Vircap account (see the Vircap Help Centre);
- keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Electronic Communications);
- maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your Vircap Account.
Failure to take the above measures, and any other security measures available to you, may result in unauthorized access to your Vircap Account and the loss or theft of any digital currency and/or Local Currency balances held in your Vircap Wallet or any linked bank account(s). Vircap shall have no liability to you for or in connection with any unauthorized access to your Vircap Account, where such unauthorized access was due to no fault of Vircap, and/or any failure by you to act upon any notice or alert that we send to you.
The security of your Vircap Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. Vircap strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
Care should be taken in reviewing messages purporting to originate from Vircap and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Vircap Account through the Vircap Application (specifically, on your IOS and Android Device and not any other domain name or website purporting to be, or to be related to, Vircap application or Vircap.io) to review any transactions or required actions.
To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Vircap Account and accept all risks of any unauthorized or authorized access to your Vircap Account.
Private keys. Vircap securely stores all Supported Digital Currency private keys (“Private Keys”) associated with any Vircap Account. You accept and agree that Vircap shall retain full ownership and control of the Private Keys associated with your Vircap Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, Vircap will not:
- accept or adhere to any instruction to sign any data with a Private Key;
- give access to any funds associated with your private keys, other than those of the Supported Digital Currency associated with your digital currency wallet;
- allow the creation of any receive addresses associated with a Private Key other than receive addresses created through your Vircap Wallet. Vircap will not credit to your Vircap Wallet any digital currency associated with a Private Key other than where such funds have been received via a receive address generated through your Vircap Wallet.
Vircap will never request for your credentials via email, SMS, phone call or any other means of communications other than the Vircap Platform. If you receive such communication, please disregard and contact us at support@vircap.io
a. You accept that Vircap may vary, alter, amend, or update the Content or Service, Services at any time and without Your consent.
b. You also agree that the Services may not be available at all times and this may be as a result of the maintenance or for any other reason and we shall not be held liable for the failure to provide this Service.
You hereby agree to indemnify Vircap, its employees, agents; and third parties from and against all liabilities, cost, demands, cause of action, damages; and expenses (including reasonableattorney's fees) arising out of Your use or inability to use, Your violation of any rights of a third party and Your violation of applicable laws, rules or regulation.
You agree that You use this Application solely at Your risk as the Owner does not warrant the accuracy of the contents in this Application. You assume all the risk of viewing, reading, or downloading the contents of this Application.
Vircap expressly disclaims all express and implied warranties such as implied warranty of merchantability as Vircap makes no warranties that the Application or other Services will be accurate, error free, secure or uninterrupted.
Vircap makes no warranty about the suitability, reliability, availability, timeliness and accuracy of the information, Contents, Services and other materials contained here in for any purpose. The Owner hereby disclaims all warranties and conditions with regard to the information, software, Products, related graphics and materials, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
You also agree that Vircap and its affiliates shall not be liable for any direct, indirect, punitive and all consequential damages or any damages whatsoever including, but not limited to damages for loss of use, data or profits, the failure to provide Services or for any information, software, Products, Services, related graphics and materials obtained through this Application, or otherwise arising out of the use of this Application, whether based on contract, negligence, strict liability, or otherwise.
Vircap may from time to time interrupt Your access or use of this Application to perform some maintenance or emergency services and You agree that Vircap shall not be held liable for any damage, loss which may arise thereof.
Vircap reserves the right to, at its sole discretion, terminate Your access to this Application and the related Service or any part thereof at any time, for any reason and without notice.
Vircap shall have the right to terminate or terminate/suspend Your account for violating the Terms of this Service.
If You register with us, You may terminate this Service at anytime by issuing a prior notice to us. Once this is done, You will no longer be bound by the provisions of this Terms.
a. Assignment: Vircap shall be permitted to assign, transfer its rights and/or obligations under these Terms. However, You shall not be permitted to assign, transfer any rights and/or obligations under these Terms.
b. Entire Agreement: These Terms, disclaimers and any other agreement relating to the use of this Application constitutes the entire agreement and shall supersede any other agreement.
c. Separate Agreements: You may have other legal agreements with us. Those agreements are separate from these Terms. These Terms are not intended to alter, amend, revise or replace the terms of the other agreement.
d. Applicable law:These Terms may be governed and construed in accordance with the Laws, regulations or guidelines of the Federal Republic of Nigeria and other treaties, or regulations which is applicable in Nigeria.
e. Variation: Vircap may revise these Terms at any time as it sees fit, and by using this Application, You undertake that You shall review the terms of the revised Terms before accepting same. If any part of the of the Terms or any modification thereof is considered invalid or unenforceable, the remaining parts shall be considered valid and enforceable.
f. Waiver: Failure to exercise any right in these Terms shall not operate as a waiver. The right or remedies herein provided are cumulative and not exclusive of any right or remedies provided by law.
g. Severability: Every provision contained herein is intended to be severable. If any provision is invalid for any reason whatsoever, such invalidity shall not affect the validity of other clauses of these Terms.