Privacy Policy

This Privacy Policy (“Policy”) summarizes the various ways that OogaShop, and other affiliated and related companies ("OogaShop" or we" or “us”) use the information you provide to us or we gather from you while you access or use the Web sites of OogaShop, including OogaShop (collectively, "Sites"), our OogaShop mobile applications (“App”), and our related sites and online services (collectively, the “Services”), whether via mobile devices, on personal computers, or otherwise ("Device"). It is our goal to provide you with information that is tailored to your individual needs and, at the same time, protect and respect your privacy.

Please read this Policy carefully. Your access to or use of any part of the Services will constitute your notice about and consent to our collection, use, and disclosure of your information in accordance with this Policy. If you do not wish for us to collect, use, and disclose your information in accordance with this Policy, please do not access or use the Services. This Policy does not cover information collected elsewhere.

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, including changes to how we share personal information, we will notify you by email or by providing notice on or through the Services prior to the change becoming effective.

A) Information You Provide

“Personal Information” means information that can be used on its own or with other information to identify, locate, or contact a specific individual. If you create any type of account, download software such as the App, or participate in certain activities on the Services (such as personalized offers, loyalty rewards, surveys, sweepstakes, contests, or other promotions), we may ask you to provide us with Personal Information that can be used to specifically identify, locate, or contact you, such as: your name, email address, postal mailing address, or telephone number. You may also have the option of providing us with other information about yourself or your household that may be associated with information that identifies you, such as payment card number, retailer loyalty card number, age or date of birth, gender, interests, product purchase information or receipts, zip code, and product or content preferences (including saved offers and content favorites). In some cases, if you decline to share Personal Information with us, then we may not be able to provide you with certain Services, and you may not be eligible for certain offers, rewards, sweepstakes, contests, or other promotions.

B) Information Automatically Collected as you access and use the services

When you use or interact with the Services in any way, we may use cookies, web beacons, pixel tags, log files, local storage, and other similar mechanisms to automatically collect information, including:

An anonymous identifier or Personal Information may be associated with the information collected using cookies and similar technologies. If you are accessing the Services from a mobile device, see Section 3.e for additional automatically collected information.

Device Information and Identifier. When you use our Services or install on your computer or other device our mobile applications, we may collect and store information about that device that helps us manage our products and services, deliver a more customized experience for you, and detect and prevent fraud.

Cookies and Web Beacons. A cookie is a small text file or identifier. When you visit a Site, we may store one or more cookies or other similar information on your device. We use cookies for the purposes described in Section 4, including for advertising. We may use both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent website visits. These persistent cookies can be removed, but each web browser is different. Please review your browser’s settings to learn how to manage your cookies. Our Services may also use web beacons (also known as clear gifs or pixel tags), which are tiny graphics with unique identifiers that are placed in the code of a webpage.

Third-Party Cookies and Similar Technologies. We may allow third-party companies to use cookies, pixels or other similar technologies on our Services to collect and use non-personally identifiable information (e.g., hashed data, clickstream information, browser type, time and date, subject of advertisements clicked or scrolled over, content viewed, search terms, location of the device, a cookie identifier, communication type (broadband or dial-up), and browser-related properties). These third parties include advertisers, service providers, affiliate-marketing networks and other companies with whom we partner to provide certain offers, promotions or features available on or through our Services or third party properties, or to display advertising on the Services or third party properties. Such third parties may use cookies to provide advertisements about goods and services likely to be of greater interest to you, to track off-Site transactions and to assist us in providing, evaluating, and improving the Services and our other products and services. Further, such third parties may use information they directly collect from you in combination with information we provide (as described in Section 5) or information they collect from another source. In some cases, we may not have access to or control of the third-party tracking technology.

Log Files and Local Storage (HTML5/Flash Cookies). As is true of most websites, we gather certain information automatically and store it in log files. This information may include IP addresses, browser type, internet service provider (“ISP”), referring/exit pages, operating system, date and time stamp, and clickstream data. We use this information to manage and operate our products and services, to offer you more personalized content and advertising, and for the other purposes described in Section 4 below.

Certain Services may use local shared objects, such as Flash cookies, and local storage, such as HTML5, to store content information and preferences. Third parties may also use Flash cookies or HTML5 to collect and store information.

Analytics. We may use our own and third party tracking and analytics tools to better understand who is using our Services and how they are using them. These tools may use cookies and page tags to collect information such as time of visit, pages visited, time spent on each page of the website, IP address, and type of operating system used.

C) Information from Third Parties

We may receive information from third parties about you, including Personal Information, cookies and other identifiers that do not personally identify you, and information about in-store and online transactions. We may use this information to administer the applicable program or Service, to offer you more personalized content and advertising, and for the other purposes described in Section 4 below.

D) Information You provide about a Third Party

We may ask you if you wish to tell someone else about our Services, or allow us to email or send a promotion to them. We may ask to get access to your phone contacts, social media contacts or other contacts. We may ask you for that person’s name and contact information such as email address, messenger name or mobile number. We will use the information you provide to send to that person the referral, such as an email inviting him or her to the Services you recommended. We do not share this email, messenger name or mobile number with any third party, other than those third party service providers used to transmit the referral, without that person’s consent.

E) Information from use of our Mobile Applications and Websites

In addition to other information described above, when you download or use our App, or access the Services through a mobile device, we may automatically collect information about your location and your mobile device, including your operating system, device type, and device identifier. We may collect and store information about the device such as but not limited to AdID and IDFA. We may also request access to the device storage, microphone, speaker and camera, and permission to send you push notifications. You may decline to provide location information, storage, microphone, speaker and camera access, and push notification permission at any time using your mobile device’s system settings. If you decline to provide such access, certain features of our Services may be disabled. Please consult your mobile device’s instruction manual for additional information about controlling system and application settings.

Mobile Analytics. We use mobile analytics software to allow us to better understand the usage and performance of our mobile software on your phone. This software may record information such as how often you use the app, the events that occur within the app, aggregated usage, performance data, and where the app was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

This Merchant Agreement (the “Agreement”) is a legal agreement between an Oogashop merchant partner (each referred to as a “Merchant”, “User”, “You” “you” “Your” or “your”) and ParallelDots, Inc., a Delaware corporation (referred to as the “Company”, “ParallelDots”, “We”, “”Our” or “”Us”) governing Your use of the Oogashop website, online applications, mobile applications, hardware products, software, services, programs, benefits and other features offered within the Company’s Oogashop Platform (together, the “Services” or “Oogashop Services”). “Oogashop Platform” refers to the technologies, activities, solutions and offerings of the Company identified by the Company as Oogashop-related. The Company’s Oogashop Platform together with the Services may also be referred to as “Oogashop”. Reference to a Merchant includes any store or outlet owned and/or operated by such Merchant for which the Merchant uses any Oogashop services or features (each such store or outlet referred to as a “Registered Store”).

For the purposes of this Agreement, an Oogashop merchant partner is an individual or a business entity with a valid Tax ID, who holds a bank account with a banking institution, and/or who has become a Registered User for any Oogashop Services through the Oogashop website, through any mobile or other Oogashop application or service, or through any other means.

You may claim Oogashop benefits only for qualifying transactions associated with Oogashop Services at Your Registered Store(s).

You must register an account with Oogashop (referred to as an “Oogashop Merchant Account”, “Oogashop Account” or “Account”) in order to use the Oogashop Services. You must follow Our registration process to submit an application for registration. Our registration process will ask you for information including your name, business name and other personal and business information. You must provide accurate and complete information in response to Our questions.

In consonance with applicable territorial laws and jurisdiction, We may request you to provide certain documents for verification to complete your Oogashop account registration. We will review some or all of the information you provide.

You specifically authorize Us to request identity verifying information about you, including a consumer report that contains your name and address. You agree that We may periodically obtain additional reports to determine whether you continue to meet the requirements for an Oogashop account.

You agree that the Company is permitted to contact and share information about you and your application for account registration (whether your application is approved or declined by Us) with your bank or other financial institution.

We may, in Our sole discretion, accept or deny your application for account registration. If We do not accept your application for account registration, you will not be permitted to use the Services. Merchants whose application for account registration is accepted by Us and who successfully complete their account registration, are referred to as “Registered Users”.

You agree to keep the information that You provide to Us up-to-date at all times.

You agree that We may share information about You and your Oogashop Account with Our third party processors and others who provide services to Oogashop.

You agree that We may contact and share information about You and Your Oogashop Account with your bank or other financial institution. This includes, without limitation, sharing information
- About your transactions for regulatory or compliance purposes,
- For use in connection with the management and maintenance of the Services,
- To create and update their customer records about you and to assist them in better serving you, and
- To conduct Oogashop's risk management process.

By creating an Oogashop Merchant Account, you undertake that all information and documentation provided by you is true and correct. In the event any such any information or documentation is found to be false or invalid, the Company shall not be liable for any effect thereof.

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other material that is/are uploaded, posted or stored by You (Your "Content"). You represent and warrant that you have the legal right to use and upload the Content in such manner and to grant the rights specified hereunder. You hereby grant the Company a worldwide, royalty-free, sub-licensable through multiple layers, non-exclusive license to host and use the Content in connection with the Services.

You agree not to use the Services for any illegal purpose or in violation of any applicable law or regulation. You are responsible for storing and archiving your own Content and the Company has no responsibility thereof. While using the Services, You are responsible for any Content that may be lost or unrecoverable. You must provide all required and appropriate warnings and disclosures with respect to Your Content. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with all applicable laws and regulations.

Users who are suspected of, or of having any information or Content associated with, any fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity prohibited by law may have their Oogashop Accounts terminated and closed, their financial and other data erased, and they also may be reported to law enforcement authorities in the appropriate jurisdictions.

You agree not to store, upload or transmit any (i) virus, Trojan horse, worm or other disruptive or harmful software; (ii) data or any information, software or content which is not legally yours and may be protected by copyright or other proprietary rights, or any derivative works thereof, without permission from the rightful copyright or intellectual property rights owner.

By creating an Oogashop Merchant Account and/or accepting this Agreement, you confirm that you will not use the Oogashop Platform to sell and/or accept payments in connection with the following businesses or business activities:
- Any illegal activity,
- Buyers or membership clubs,
- Credit counselling or repair agencies,
- Credit protection or identify theft protection services,
- Infomercial sales,
- Internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation without a physical visit with a physician, including re- importation of pharmaceuticals from foreign countries),
- Multi-level marketing businesses,
- Inbound or outbound telemarketers,
- Prepaid phone cards or phone services,
- Rebate based businesses,
- Up-sell merchants,
- Betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races,
- Financial institutions offering manual or automated cash disbursements,
- Financial institutions offering merchandise and services,
- Sales of money-orders or foreign currency by non-financial institutions,
- Wire transfer money orders,
- High-risk merchants, including telemarketing merchants,
- Adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material),
- Internet/mail order/telephone order firearm or weapon sales,
- Drug paraphernalia,
- Occult materials,
- Hate products,
- Escort services, and
- Bankruptcy Attorneys.

Oogashop is engaged in providing its cloud based retail platform for businesses to deploy any or all of the following: PoS (Point- of-Sale) solutions, customer transaction processing tools, inventory management solutions, marketing tools, white labelled websites, online or e-commerce stores, and any other services that may be provided via the Oogashop Platform from time to time. Our services offer our proprietary technology to retailers for rapid deployment of retail solutions across multiple stores in different locations and allow them to manage their customer transactions, customer tracking and communications, marketing, inventory management, operations and/or sales.

You can use Oogashop Services to list your products at the price you want to sell then to customers and you can offer multiple digital payment options. You may also use the Oogashop Platform for marketing and providing services such as loyalty/points rewards programs, promotional offers, video advertisements, SMS/Email/WhatsApp/Social Media campaigns, etc. Such services will be available to customers whose purchases from or at Your store are entered or processed on Oogashop Services by them and/or by You.

Oogashop has partnered with a number of third party financial institutions and payment gateways to provide payment processing for the Oogashop Platform and Services (each such third party referred to as a “Payment Processor”) and We may offer such third party payment processing services to our Registered Users. With respect to any and all such payment processing services, Oogashop acts purely as a facilitator. You must sign an agreement for payment services directly with the Payment Processor whose services you wish to utilize. The Company does not take any responsibility for any payment services, or for any issues or complaints that may arise between You and a Payment Processor.

Once You express an interest in signing up with any Payment Processor, Oogashop will connect you with them and thereafter you must enter an agreement directly with the Payment Processor to use their services. In certain instances, You may be offered the ability to sign up for third party payment processing directly on Oogashop, and in all such instances you will have access to, and be required to accept, a separate agreement elaborating the terms and conditions for use of such third party payment processing services.

All financial settlements arising as a result of sale of goods and services from within the Oogashop Platform and Services will be handled by the third party Payment Processors. Oogashop will provide Your customers a transaction "Success" or "Failure" notification depending on the response we get from the relevant Payment Processor, and will also provide You a real time transaction report. In the event of any payment delays or stoppages, You must seek information and resolution directly from the Payment Processor. In the event of a dispute between You and a Payment Processor, Oogashop may provide accurate transactional records to the extent it has such records available.

We may decide, in Our sole discretion, not to authorize any transaction that you submit to Oogashop if we believe that the transaction is in violation of any Oogashop agreement, or is the result of fraud or any other criminal acts, or if we reasonably suspect that your Oogashop Account has been used for an unauthorized, illegal, or criminal purpose. You give Us express authorization to share information about You, Your Oogashop Account, and any of Your transactions with law enforcement authorities.

We may also decide, in Our sole discretion, not to process a transaction if we believe that the transaction exposes You, other Oogashop users, our partners, or Oogashop to any harm. Harm includes any suffering, adverse effect or injury.

It is Your obligation to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of Oogashop ("Taxes"). It is your sole responsibility to assess, collect, report, or remit the correct tax amounts to the proper tax authorities.

You acknowledge and agree that:
(i) We are not responsible for any Taxes that apply to You or any transactions associated with your Oogashop Account; and
(ii) We will not determine whether any Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.

You acknowledge and agree that We may report information to tax authorities regarding any transactions that We process and regarding any Users to whom we provide Oogashop Services.

You are solely responsible for all customer service issues relating to your goods or services, including pricing, order fulfillment, order cancellation by You or a customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes.

In performing customer service, You agree that You will always present yourself as a separate entity from Us.

The Company has the right, in its sole discretion, to make any amendments or additions to the terms of this Agreement at any time, and/or to change, delete, discontinue, or impose conditions on any feature or aspect of Oogashop or the Services, with or without notice. The current version of this Agreement will be made available on the Oogashop website and mobile and other Oogashop applications. You are responsible for remaining up to date with any modifications to the terms of this Agreement. You acknowledge and agree that any use or continued use by You of the Oogashop Services constitutes your acceptance of this Agreement as modified.

You acknowledge and agree that any use or continued use by You of the Oogashop Services constitutes your acceptance of this Agreement as modified.

We will attempt to rectify any processing errors that we discover with respect to your Oogashop Account. We may, in our sole discretion, adjust your account for any sums that were processed incorrectly by Us, in any manner that we determine.

Oogashop will correct transactions that we or you process incorrectly if you notify Us of such an error within thirty (30) days of when it first appears on your electronic transaction history and provide any information about the error that we may require. Your failure to notify Us of a processing error within such thirty (30) day period shall be deemed a waiver of any rights you may have with respect to such error.

We have implemented technical and organizational measures designed to secure your personal and business information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized persons will never be able to access and/or use your personal or business information for improper purposes.

You acknowledge and agree that all information that You provide to Us is at Your own risk.

You are solely responsible for the security of data on your website, through your mobile or other applications or products, or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules, in all applicable jurisdictions, in connection with Your collection, security, and dissemination of any personal, financial, card, or transaction information of users or others on or through Your website, computer, device, or mobile or other application.

You acknowledge that You are solely responsible for compliance with any and all laws, regulations, or rules applicable to your business.

If you believe that your work has been posted on the Services in a way that constitutes copyright infringement, please contact Oogashop at [email protected] and provide the following information:

- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyright-protected work that you claim has been infringed;
- the location on the Services of the material that you claim is infringing;
- Your address, telephone number, and email address;
- A statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

By submitting a copyright infringement notice, you acknowledge and agree that We may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

We will investigate your claim and remove all material found, in Our sole discretion, to be infringing. Additionally, it is Oogashop’s policy to terminate the accounts/access privileges of those whom Oogashop determines to be repeat infringers.

Use of all Oogashop Services is at the User’s sole risk. The Company explicitly disclaims all warranties of any kind whether expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Services and all accompanying documentation are provided on an "as is" and "as available" basis, without any warranties, either express, implied, or statutory, including, without limitation, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

The Company gives no assurance or warranty that any of the Services will be uninterrupted, timely, secure, or error-free. Any material downloaded or obtained through the use of the Services (“Material”) is solely at your own risk. You are solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the Services or the download of any Material. No advice or information, whether written or oral, obtained by you from Oogashop or any Company employees or representatives shall create any warranty not explicitly stated in this Agreement.

The Company and its affiliates and suppliers disclaim any representations or warranties that Your use of the Services will satisfy or ensure compliance with any legal obligations or laws or regulations. You are solely responsible for ensuring that Your use of the Services is in accordance with all applicable laws.

In no event shall the Company be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this Agreement or the Services, including, without limitation, the use of, inability to use, or unavailability of the Oogashop Services.

In no event shall the Company be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or Your Oogashop Account or the information contained therein.

The Company assumes no liability or responsibility for any: (i) personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of the Oogashop Services; (ii) unauthorized access to or use of servers used in connection with the Oogashop Services and/or any and all personal and/or other information stored therein; (iii) interruption or cessation of transmission of information/data to or from the Oogashop products and Services; (iv) software bugs, viruses, Trojan horses, or other harmful code that may be transmitted to or through the Oogashop Services; (v) errors, inaccuracies or omissions in any content or information; and/or (vi) any loss or damage incurred as a result of the use of any content or information, in each case posted, emailed, stored, transmitted, or otherwise made available through the Oogashop Services; and/or (vii) the content or the defamatory, offensive, or illegal conduct of any third party.

Notwithstanding any other provision hereof, no provision of this Agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of the jurisdiction to which the Company or the User is subject.

We collect various types of information when you seek to sign up for our Services and when you use Our Services. We may collect, without limitation, your title, name, gender, email address, postal address, delivery address, telephone number, mobile number, fax number, payment details, payment card details and/or bank account details.

We collect, store and process your information to set up your Oogashop Account and provide You with Our Services, and to enable Us to process customer purchases and other transactions associated with Your Oogashop Account.

You agree that all information that you submit to Us or to any of our Our agents or associated parties, as well as any information you submit through the Services, is complete, true and accurate, and is not incorrect or misleading in any respect. You undertake to keep all such information up to date and inform us of any changes in a timely manner.

We may use your information in order to, without limitation, manage the Services, collect payment from you, enable You to subsequently use parts of the Services, detect any fraud or service abuses and/or send you any information and queries relevant to the Services. We will process all payments that you make through a secure payment gateway.

For some of Our Services, You may need to order specific hardware such as a tablet, computer, scanner etc. In that event, we may share some of Your information (such as your name and address) with a third party supplier and/or courier service in order to make delivery of the hardware to you.

We may, and you hereby authorize us to, share your information with any of our affiliates, franchisors and/or associated parties and third party service providers. We or any such parties may, and you hereby authorize us/them to, use your information to offer you any other products and services, directly or indirectly.

You may access Your information stored with Us at any time by logging into your Oogashop Account, where you can see and update Your account information such as address, bank details, etc.; view the transaction activity associated with your Oogashop Account (orders placed, orders complete, etc.), and see/update Your settings and preferences such as password(s), subscriptions to newsletters, etc.

You agree to treat Your Oogashop Account information securely and to ensure that no unauthorized person has access to or uses your Oogashop Account password and/or log in details to access Your Oogashop Account or Your account information. You acknowledge and agree that the Company shall have no liability for any loss or damage caused by access or use of Your Oogashop Account and/or Your account information by any person or entity who uses Your Oogashop Account log-in details and/or passwords.

You may close your Oogashop Account at any time in your sole discretion, with or without giving any reason, by providing seven (7) days prior written notice to the Company. You may also close your Oogashop Account by completing the specified account closing process when you log into Your Oogashop Account, which may change from time to time.

The Company reserves the right to terminate or close Your Oogashop Account and/or stop your access to any of the Services in the event of a breach by you of any of the terms and conditions of this Agreement. Notwithstanding the preceding sentence, the Company may close or terminate Your Oogashop Account and/or stop your access to any of the Services at any time for any reason in its sole discretion, with or without providing any reason, and with or without providing any notice.

After your Oogashop account is closed or terminated by You or by the Company, You are no longer permitted to use and You may not use any Services, and You will no longer accrue any benefits under any Oogashop Services, promotions or programs.

If your Oogashop Account is closed or terminated by You or by the Company, you are no longer permitted to use any Services and you will not accrue any further benefits under the Services or this Agreement. However, You will receive the benefits that You were validly entitled to under this Agreement or the Services prior to such closure or termination of Your Account.

This Agreement and the Services shall be governed by and construed in accordance with the laws of the state of Delaware, USA without reference to any conflict-of-laws rules, unless You are a resident of India, in which case this Agreement and the Services shall be governed by the laws of India without reference to any conflict-of-laws rules.

Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, shall be settled by binding arbitration administered (i) with respect to domestic matters within the U.S.A: by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereto; (ii) with respect to matters within India: in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties; and (iii) with respect to any other international matters: by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.

Any claim or cause of action you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action occurs, otherwise, such cause of action or claim shall be permanently barred.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is specifically excluded from application to this Agreement and/or the Services.

Nothing in this Agreement or the Services shall, to the extent required by applicable law that cannot be excluded by agreement, affect any rights You may have under existing consumer protection laws, unfair competition laws or other applicable laws of the country of Your residence, including any right You have to bring a claim in the courts of Your home country.

In the event any provision of this Agreement shall be unenforceable or invalid under any applicable law, or held to be unenforceable or invalid by a court of competent jurisdiction or under an arbitration decision, such unenforceability or invalidity shall not render the remaining parts of this Agreement unenforceable or invalid. In such an event, the remaining parts of this Agreement shall continue to be in full force and effect, and the unenforceable or invalid provisions shall be rewritten and interpreted so as to reflect the original intent of the parties as closely as possible within the limits of applicable law or applicable court or arbitration decision.

You acknowledge and agree that any failure on the part of Company to enforce at any time, or for any period of time, any of the provisions of this Agreement or the Services shall not be deemed or construed to be a waiver of such provision or of the Company’s right thereafter to enforce each and every provision of this Agreement. No waiver of any provision of this Agreement by the Company on one occasion shall be construed as a continuing waiver of that provision or a waiver of that provision on any other occasion.

The provisions of this Agreement that, by the express terms of this Agreement, will not be fully performed during the term of this Agreement, shall survive the termination of this Agreement and/or the closure of Your Oogashop Account to the full extent possible under applicable law.

The headings or titles used in this Agreement are inserted solely for convenience of reference, and shall not affect the meaning, construction or effect of any clause or provision of this Agreement. No presumption or burden of proof shall arise favoring or disfavoring either Party by virtue of the authorship of any of the provisions of this Agreement. All capitalized terms used in this Agreement shall have the specific meaning defined herein (and if no definition is provided, shall have their usual English language meaning); and such defined meaning shall apply to all forms of use of the defined terms according to the context (such as, without limitation, singular/plural, tense, possessive form, etc.). Use of any gender herein shall include all other genders by reference.