1. CONTRACTUAL RELATIONSHIP
These Terms of Use ("Terms") govern the access or use by you, a private , from within India of applications, websites, content, products, and services (the “Services”) made available by Skypc India Private Limited, a personal Ltd. established in India, having its registered office at 37, Arjun Nagar, Durgapura, Jaipur - 302018 (RAJ.).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Skypc . If you are doing not comply with these Terms, you'll not access or use the Services. These Terms expressly supersede prior written agreements with you.
Supplemental terms may apply to certain Services, like policies for a specific event, activity or promotion, and such supplemental terms are going to be disclosed to you in reference to the applicable Services. Supplemental terms are additionally to, and shall be deemed a neighborhood of, the Terms for the needs of the applicable Services. Supplemental terms shall prevail over these Terms within the event of a conflict with reference to the applicable Services.
Skypc may restrict you from accessing or using the Services, or any a part of them, immediately, all of sudden , in circumstances where Skypc reasonably suspects that:
you have, or are likely to, breach these Terms; and/or
you do not, or are likely to not , qualify, under applicable law or the standards and policies of Skypc and its affiliates, to access and use the Services.
Skypc may terminate these Terms or any Services with reference to you, or generally cease offering or deny access to the Services or any portion thereof:
immediately, where Skypc reasonably suspects that:
you have, or are likely to, materially breach these Terms; and/or
you do not, or are likely to not , qualify, under applicable law or the standards and policies of Skypc and its affiliates, to access and use the Services; or
on 30 days' written notice to you, where Skypc , acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Skypc 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.
Skypc may amend the any policies or supplemental terms (including the Community Guidelines) associated with the Services from time to time. Skypc will provide you with a minimum of 30 days' written notice within the event of a cloth change to any policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments are going to be effective upon Skypc 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
Skypc reserves the proper , in its sole discretion, to change, modify, or otherwise amend the Terms, and the other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Skypc will post the amended Terms at the domain of www.Skypc .in/terms. it's your responsibility to review the Terms of Use for any changes and you're encouraged to see the Terms of Use frequently. Your use of the web site (www.Skypc.in) (“Website”) or Applications (as defined below) (collectively “Skypc Platform”) following the date that amendments to the Terms of Use become will signify your assent to and acceptance of any revised Terms of Use. If you are doing not comply with abide by these or any future Terms of Use, please don't use or access the Skypc Platform.
PRIVACY POLICY
Skypc has established a Privacy Policy that explains to users how their personal information is collected and used.
The Privacy Policy is found at: Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Skypc and the way they'll 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 Applications is governed by the Privacy Policy.
Skypc may disclose users’ personal information to 3rd parties. Skypc may provide to a claims processor or an insurer any necessary information (including your contact information) if there's a complaint, dispute or conflict, which can include an accident, involving you and a 3rd party and such information or data is important to resolve the complaint, dispute or conflict. Skypc can also provide to a enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a 3rd party and such information or data is important towards the enquiry/investigation that's being administered by the said body and/or agency because the case could also be .
2. THE SERVICES
Skypc will provide the Services to you under this Agreement. The Services constitute the supply of a technology platform that permits you, as a user of Skypc mobile application (each, an "Application") or Website to: (a) arrange and schedule home-based services with independent third party providers of these services, who have an agreement with Skypc or its affiliates (“Third Party Providers”); and (b) facilitate payments to 3rd Party Providers for the services and receive receipts for those payments.
The Services are made available solely for your personal, non-commercial use, unless Skypc has agreed with you otherwise during a separate agreement. You acknowledge that Skypc doesn't provide home-based services which all such home-based services are provided by independent third party contractors who aren't employed by Skypc or any of its affiliates. Skypc accepts liability for the Services and therefore the UC Platform that it provides to you subject to those Terms. Third Party Providers are liable for the services they supply to you.
License.
Subject to your compliance with these Terms, Skypc grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the UC Platform on your personal device solely in reference to your use of the Services; and (ii) access and use any content, information and related materials which will 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 Skypc and Skypc licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) 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 Skypc; (iii) decompile, reverse engineer or disassemble the Services except as could also be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the aim of scraping, indexing, surveying, or otherwise data processing any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) plan 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 could also be made available under Skypc various brands or request options. you furthermore may acknowledge that the Services could also be made available under such brands or request options by or in connection with: (i) certain of Skypc subsidiaries and affiliates; or (ii) independent Third Party Providers.
Third Party Services and Content.
The Services could also be made available or accessed in reference to third party services and content (including advertising) that Skypc doesn't control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Skypc doesn't endorse such third party services and content and in no event shall Skypc be responsible or responsible 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 are going to be third-party beneficiaries to the present 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 aren't parties to the present contract and aren't liable for the supply or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth within the applicable third party beneficiary’s terms of service.
Ownership.
The Services and every one rights therein are and shall remain Skypc property or the property of Skypc licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or associated with the Services apart from the limited license granted above; or (ii) to use or reference in any manner Skypc company names, logos, product and repair names, trademarks or services marks or those of Skypc licensors.
3. YOUR USE OF THE SERVICES
User Accounts.
In order to use most aspects of the Services, you want to register for and maintain a lively personal user Services account ("Account"). you want to be a minimum of 18 years aged , or the age of legal majority in your jurisdiction (if different than 18), to get an Account, unless a selected Service permits otherwise. Account registration requires you to undergo Skypc certain personal information, like your name, address, mobile number and age, also as a minimum of one valid payment method (either a mastercard or accepted payment partner). You comply with maintain accurate, complete, and up-to-date information in your Account. Your failure to take care of accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may end in your inability to access or use the Services. you're liable for all activity that happens under your Account, and you comply with maintain the safety and secrecy of your Account username and password in the least times. Unless otherwise permitted by Skypc in writing, you'll only possess one Account.
User Requirements and Conduct.
The Service isn't available to be used by persons under the age of 18. you'll not authorize third parties to use your Account, and you'll not allow persons under the age of 18 to receive services from Third Party Providers unless they're amid you. you'll not assign or otherwise transfer your Account to the other person or entity. You suits comply with all applicable laws when accessing or using the Services, and you'll only access or use the Services for lawful purposes. you'll not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or the other party. In certain instances you'll be asked to supply proof of identity or other method of biometric identification to access or use the Services, and you agree that you simply could also be denied access to or use of the Services if you refuse to supply proof of identity or other method of biometric identification .
No Discrimination.
Skypc prohibits discrimination against Third Party Providers supported race, religion, caste, national origin, disability, sexual orientation, sex, legal status , identity , age or the other characteristic which will be protected under applicable law. Such discrimination includes, but isn't limited to, any refusal to simply accept services supported any of those characteristics. If it's found that you simply have violated this prohibition you'll lose access to the Skypc platform. Applicable laws in certain jurisdictions may require and/or allow the supply of services by and for the advantage of a selected category of persons. In such jurisdictions, services provided in compliance with these laws and therefore the relevant applicable terms are permissible.
Text Messaging.
By creating an Account, you agree that the Services may send you text (SMS) messages as a part of the traditional business operation of your use of the Services. you'll opt-out of receiving text (SMS) messages from Skypc at any time by informing Skypc of your decision to prevent receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promotional Codes.
Skypc may, in Skypc sole discretion, create promotional codes which will be redeemed for Account credit, or other features or benefits associated with the Services and/or a 3rd Party Provider’s services, subject to any additional terms that Skypc establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and during a lawful manner; (ii) might not be duplicated, sold or transferred in any manner, or made available to the overall public (whether posted to a public form or otherwise), unless expressly permitted by Skypc Company; (iii) could also be disabled by Skypcat any time for any reason without liability to Skypc; (iv) may only be used pursuant to the precise terms that Skypc establishes for such Promo Code; (v) aren't valid for cash; and (vi) may expire before your use. Skypc reserves the proper to withhold or deduct credits or other features or benefits obtained through the utilization of Promo Codes by you or the other user within the event that Skypc reasonably determines or believes that the utilization or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Skypc may, in Skypc sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Skypc through the Services textual, audio, and/or visual content and knowledge , including commentary and feedback associated with 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 Skypc, you grant Skypc a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the proper to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content altogether formats and distribution channels now known or hereafter devised (including in reference to the Services and Skypc business and on third-party sites and services), without further notice to or consent from you, and without the need of payment to you or the other person or entity.
You represent and warrant that: (i) you either are the only and exclusive owner of all User Content otherwise you have all rights, licenses, consents and releases necessary to grant Skypc the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Skypc use of the User Content as permitted herein will infringe, misappropriate or violate a 3rd party’s property or proprietary rights, or rights of publicity or privacy, or end in the violation of any applicable law or regulation; and (iii) you're not providing feedback for services performed by you in your capacity as a service provider on the platform.
You comply with not provide User Content that's defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging concealment of gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Skypc in its sole discretion, whether or not such material could also be protected by law. Skypc may, but shall not be obligated to, review, monitor, or remove User Content, at Skypc sole discretion and at any time and for any reason, all of sudden to you.
Network Access and Devices.
You are liable for obtaining the info network access necessary to use the Services. Your mobile network’s data and messaging rates and costs may apply if you access or use the Services from a wireless-enabled device and you shall be liable for such rates and costs . you're liable for acquiring and updating compatible hardware or devices necessary to access and use the Services and UC Platform and any updates thereto. Skypc doesn't guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. additionally , the Services could also be subject to malfunctions and delays inherent within the use of the web and electronic communications.
4. PAYMENT
You understand that use of the Services may end in charges to you for the services you receive from a 3rd Party Provider ("Charges"). After you've got received services obtained through your use of the Service, Skypc will facilitate your payment of the applicable Charges on behalf of the Third Party Provider intrinsically Third Party Provider’s limited payment collection agent. Payment of the fees in such manner shall be considered an equivalent as payment made directly by you to the Third Party Provider.
Skypc shall charge you a convenience fee (“Fee”) for the Services provided by Skypc to you. The Fee could also be charged from you at the time of booking of services on the platform or upon the completion of service.
Such Charges and Fee are going to be inclusive of applicable taxes where required by law. Charges and Fee paid by you're final and non-refundable, unless otherwise determined by Skypc or required by the relevant Consumer Law legislation. Under the relevant Consumer Law legislation, you'll be entitled to a refund for a serious failure of the Services, or other remedies for a minor failure. you keep the proper to request lower Charges or Fee from a 3rd Party Provider for services received by you from such Third Party Provider at the time you receive such services. Skypc will respond accordingly to any request from a 3rd Party Provider to switch the fees for a specific service.
All Charges and Fee are due immediately and payment are going to be facilitated by Skypc using the well-liked payment method designated in your Account, after which Skypc will send you a receipt by email. If your primary Account payment method is decided to be expired, invalid or otherwise unable to be charged, you agree that Skypc may, because the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Skypc, Skypc reserves the proper to determine , remove and/or revise Charges for any or all services obtainable through the utilization of the Services at any time in Skypc sole discretion. Further, you acknowledge and agree that Charges and costs applicable in certain geographical areas may increase substantially during times of high demand. Skypc will use reasonable efforts to tell you of Charges and costs which will apply, as long as you'll be liable for Charges and costs incurred under your Account no matter your awareness of such Charges, Fees or the amounts thereof. Skypc may from time to time provide certain users with promotional offers and discounts which will end in different amounts charged for an equivalent or similar services obtained through the utilization of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall haven't any pertaining to your use of the Services or the fees applied to you. you'll elect to cancel your request for services from a 3rd Party Provider at any time before such Third Party Provider’s arrival, during which case you'll be charged a cancellation fee. Additionally, the applicable taxes (whether direct or indirect) that are susceptible to be charged/ deducted on cancellation fee will charged to you by Skypc.
Further, Skypc may from time to time offer subscription packages to you, wherein, in exchange for monetary consideration, additional benefits like discounted services from Third Party Providers are going to be made available to you. The said benefits will only be available for a limited period as could also be agreed with you beforehand .
This payment structure is meant to completely compensate the Third Party Provider for the services provided. Skypc doesn't designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Skypc(on Skypc website, within the Application, or in Skypc marketing materials) to the effect that tipping is "voluntary," “not required,” and/or “included” within the payments you create for services provided isn't intended to suggest that Skypc provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you're liberal to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you're under no obligation to try to to so. Gratuities are voluntary. After you've got received services through the Service, you'll have the chance to rate your experience and leave additional feedback about your Third Party Provider.
It is clarified that the fees and costs (respectively) shall be made just for the services provided by the Third Party Provider to you and for the Services provided by Skypc to you.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
LIMITATION SUBJECT TO LOCAL CONSUMER LAW
THE LIMITATIONS AND DISCLAIMER during this SECTION 5 don't PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER that can't BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
DISCLAIMER.
EXCEPT as needed OF SKYPC UNDER the buyer GUARANTEES, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” SKYPC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY began IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR a specific 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 utilization OF THE SERVICES, OR THAT THE SERVICES are going to be UNINTERRUPTED OR ERROR-FREE. SKYPC doesn't GUARANTEE the standard , SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT the whole RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO the utmost EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
LIMITATION OF LIABILITY.
IF you're ACQUIRING THE SERVICES AS A CONSUMER, SKYPC LIABILITY FOR A FAILURE TO suits A CONSUMER GUARANTEE is restricted TO: within the CASE OF SERVICES SUPPLIED TO YOU AS a part of THE SERVICES UNDER THIS AGREEMENT, the availability OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF the value OF RESUPPLYING THE SERVICES.
SKYPC LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERM OF THIS AGREEMENT that's NOT A BREACH OF A CONSUMER GUARANTEE is restricted within the FOLLOWING WAY: SKYPC SHALL NOT BE responsible for INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE associated with , IN reference to , OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, albeit SKYPC HAS BEEN ADVISED OF the likelihood OF SUCH DAMAGES. SKYPC SHALL NOT BE responsible for ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, albeit SKYPC HAS BEEN ADVISED OF the likelihood OF SUCH DAMAGES. SKYPC SHALL NOT BE responsible for DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SKYPC REASONABLE CONTROL. IN NO EVENT SHALL SKYPC TOTAL LIABILITY TO YOU IN reference to THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES THEN THOUSAND (INR 10,000).
SKYPC SERVICES could also be employed by YOU TO REQUEST AND SCHEDULE HOME-BASED SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SKYPCHAS NO RESPONSIBILITY OR LIABILITY TO YOU associated with ANY HOME-BASED SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS aside from AS EXPRESSLY SET FORTH IN THESE TERMS.
SKYPC WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, and can MANAGE THIS FRAMEWORK ON BEHALF OF THIRD PARTY PROVIDERS, during a REASONABLE WAY AND IN ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, SKYPCWILL NOT BE DEEMED TO BE IN DEFAULT OR BE liable for DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF SKYPC. SUCH ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL DISASTERS. ETC.
THE LIMITATIONS AND DISCLAIMER during this SECTION 5 don't PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER that can't BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
Indemnity.
You comply with indemnify and hold Skypc and its affiliates and their officers, directors, employees and agents harmless from any and every one claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the services; (ii) your breach or violation of any of those Terms; (iii) Skypc use of your User Content; or (iv) 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, Skypc directly caused or contributed to any such Losses
6. GOVERNING LAW; ARBITRATION.
There are variety of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in reference to or concerning the Services or these Terms, including those concerning its validity, its construction or its enforceability or with the services provided by a 3rd Party Provider (any "Dispute"). Skypc or its affiliates operate a complaints process to permit you to form complaints about Skypc or Third Party Providers, and Skypc or its affiliates also manage refunds to you in reference to those complaints. Skypc or its affiliates will operate this complaints process during a reasonable manner. You agree and acknowledge that you simply must raise any Dispute with the Services or the services provided by a 3rd Party Provider as soon as is practicable, but no later than 48 hours from the time the Dispute arises. If you fail to boost a Dispute within 48 hours from the initial occurrence of such Dispute, Skypc shall be under no obligation to resolve such Dispute. If a Dispute is reported quite 48 hours after the initial occurrence of the Dispute Skypc shall in its sole discretion choose whether or to not attempt resolution of the Dispute.
In addition, you'll have rights to form a complaint to fair trading or consumer law bodies in reference to applicable consumer laws, including the non-excludable portions of the relevant Consumer Law legislation.
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 opposite party unless: (i) the disclosure to the third party is fairly required within the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation began in these Terms.
You may not assign or transfer these Terms in whole or partially without Skypc prior written approval. You give your approval to Skypc for it to assign or transfer these Terms in whole or partially , including to: (i) a subsidiary or affiliate; (ii) an acquirer of Skypc equity, business or assets; or (iii) a successor by merger. No venture , partnership, employment or agency relationship exists between you, Skypc or any Third Party Provider as a results of the contract between you and Skypc or use of the Services.
If any provision of those Terms is held to be illegal, invalid or unenforceable, in whole or partially , under any law, such provision or part thereof shall thereto extent be deemed to not form a part of these Terms but the legality, validity and enforceability of the opposite provisions in these Terms shall not be affected. therein event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that's legal, valid and enforceable which has, to the best extent possible, an identical effect because the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of those Terms. These Terms, including any incorporated policies, constitute the whole agreement and understanding of the parties with reference to its material and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such material . Nothing during this clause limits your rights as a consumer that can't 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.”