Terms and Condition

These terms and conditions (collectively,here in after referred to as the "Terms") govern your ("User")access to and use of the website, www.oyabasket.com("Website") and the “OYAbasket”(Mobile Applications) The Website & Mobile App is owned,managed by Saara IT Solutions Private Limited ("SAARA").

Please read these Terms carefully before using the Website & Mobile App, which is an online marketplace. For the purpose of clarity, it is hereby stated that the Website & Mobile App is not engaged in providing any products & services by itself but is a platform, which merely connects the Sellers with their customers.

These Terms are an electronic record in terms of the applicable legislation. This electronic record is generated by a computer system and does not require any physical or digital signatures. By using the Website & Mobile App, you signify your agreement to be bound by theseTerms.

Saara allows you to surf the Website & MobileApp or buy any products for yourself & for your family & friends. You shall be deemed to have read, understood and expressly accepted these Terms, which shall govern the desired transaction of buying products & services through the Website for all purposes, and shall be binding on you. All Your rights and liabilities and/or the Website & Mobile App with respect to your use of the Website & Mobile App and availing facility ("Facility") provided by the Website shall be governed by these Terms.

PLEASE NOTE THAT YOUR USE OF THE WEBSITE AND MOBILE APPLICATION IN ANY WAY SIGNIFIES YOUR ACCEPTANCE TO THE TERMS. By agreeing to these Terms, You also agree to Saara's other Website policies; including but not limited to, (i) Privacy Policy, as amended from time to time.Both You and Saara are individually referred to as' Party' and collectively referred to as 'Parties', in these Terms.

1. Terminology

  1. For The purpose of these Terms, wherever the context so requires "You" or"User" (would mean 'Saara-OYA Basket user') shall mean any natural or legal person who has agreed to become a buyer of the products and/or an availer of the Facility being offered on the Website & Mobile App.
  2. The Term "We", "Us", "Our" shall mean Saara and/or its affiliates.

2. OurWebsite

Oyabasket.com is an online Marketplace, which gives prospective buyers and sellers a platform to connect. In light of the foregoing, Saara wishes to state the following:

  1. TheWebsite is a marketplace, which merely lists the inventory of Sellers who are registered with the Website. Hence, the limited role of the Website is to connectYou with the Seller and vice versa.
  2. You understand and agree that the price of the products listed and/or offered for sale by the Seller on the Website, is solely determined by the respective seller,and Saara, as an aggregator has no control over the price of the products & Services listed on the Website. In the event, the minimum and/or the maximum price of the products, is in contravention of any law and/or any order or judgment of any regulatory authority/Tribunal/Court, it shall be the sole responsibility of the respective seller to ensure that such price is in compliance with the law/order/judgment, and Saara shall in no way be liable for such contravention of the law/order/judgment.
  3. Inlight of the foregoing, You agree that any liability in relation to any services being offered on the Website in accordance with the applicable laws shall be that of the seller and not Saara. In case of any deficiency of products & services, You agree to pursue any such action arising from such deficiency of service against the seller and not the Saara.
  4. You Further agree and acknowledge that the Saara is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website & Mobile App. Accordingly, the contract of sale of products & services on the Website shall be a strictly bipartite contract between You and the Seller listed on the Website & Mobile App.
  5. You Further agree and acknowledge that all the 'discounts/coupons (if any)' on the Website & Mobile App prices at which the products and services are being sold by the seller on the Website & Mobile App is merely an “invitation to offer” in accordance with the applicable law and shall not be construed to be an “offer” in accordance with the applicable law. Hence, in light of the foregoing, when you agree to purchase the product & Services listed on the Website & Mobile App by the seller, that would be termed as a 'valid offer' under the applicable law Subsequently, when the same is being confirmed by the seller it tantamount to be a 'valid contract' as per the applicable law.

3. UserAccount (Buyer):

Saara may offer You the facility of opening a user account on the Website & Mobile App. This user account can be linked to the Your email-id or phone number or both. For Your use of the Website & Mobile App, by registering an account with oyabasket.com, You agree to the following:

  1. You Are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your device to prevent unauthorized access to Your account when You use the Website by registering an account with oyabasket.com.
  2. In the event that You use the Website & Mobile App through a registered account, You agree to accept responsibility for all activities that occur through your oyabasket.com account.
  3. In The event that You use the Website & Mobile App through a registered account, You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Saara immediately if You have any reason to believe that Your password has been compromised, or if the password is being, or is likely to be, used in an unauthorized manner. Saara shall not be liable for any losses You may incur owing to any compromised login credentials of Your oyabasket.com account. Please ensure that the details You provide Saara are correct, complete and up to date and inform Saara immediately of any changes to the information that You provide at the time of registering Your account with oyabasket.com.
  4. Saara will not be responsible for screening, censoring or otherwise controlling transactions, including ascertaining whether the transaction is legal and valid as per the laws of the land, if you are resident/national of a country other than India.
  5. You Warrant that You will abide by all such additional procedures and guidelines,as modified from time to time, in connection with Your use of Website & Mobile App. You shall also be liable to comply with all applicable laws and regulations regarding use of the Website & Mobile App with respect to the jurisdiction concerned for each transaction.
  6. Website & Mobile App may be used for Your personal and non-commercial purposes only. Therefore, You Are not allowed to resell, deep-link, use, copy, monitor (e.g. spider,scrape), display, download or reproduce any content or information, software,products or Facility available on Website & Mobile App for any commercial or competitive activity/purpose.
  7. Saara reserves the right to refuse Your access to Website & Mobile App, terminate Your oyabasket.com account,cancel any transactions, remove and/or edit content on the Website at any time without notice if we have reasonable belief that Your account is being used for purposes other than as defined under Clause 3(6).

4. Membership Eligibility:

  1. Use Of the Website & Mobile App is available only to persons who can enter into legally binding contracts under the applicable law. Persons who are "incompetent to contract" within the meaning of the applicable law are not eligible to use the Website & Mobile App. If You are a minor, you shall not register as a User of the Website & Mobile App and shall not transact on or use the Website & Mobile App.
  2. As a minor if You wish to use or transact on the Website & Mobile App, such use or transaction may be made by Your legal guardian or parents. We reserve the right to terminate Your membership and/or refuse to provide You with access to the Website & Mobile App if it is discovered that You are a minor or incompetent to contractaccording to the law.

5. Seller Registration:

  1. Seller shall register his/her business in oyabasket.com by accepting Saara's terms and conditions
  2. Seller shall provide his/her business details like, Business Entity Name, Address, Contact Details, GSTIN etc while registering in boyabasket.com.
  3. Sellers shall provide“Cancellation & RefundPolicy” for all their products and services which are listed on the website.
  4. Seller’s are solely responsible for maintaining the confidentiality of their account and password and for restricting access to their device to prevent unauthorized access to their account when they use the Website by registering an account with oyabasket.com.
  5. Seller’s should take all necessary steps to ensure that the password is kept confidential and secure and should inform Saara immediately if they have any reason to believe that the password has been compromised, or if the password is being, or is likely to be, used in an unauthorized manner. Saara shall not be liable for any losses they may incur owing to any compromised login credentials of Your oyabasket.com account. Please Ensure that the details the seller provides to Saara are correct, complete and up to date and inform Saara immediately of any changes to the information that seller provides at the time of registering.
  6. Saara Will not be responsible for screening, censoring or otherwise controlling transactions, including ascertaining whether the transaction is legal and valid as per the laws of the land, if you are resident/national of a country other than India.
  7. Seller Warrants that seller will abide by all such additional procedures and guidelines, as modified from time to time, in connection with their use of Website & Mobile App. Sellers shall also be liable to comply with all applicable laws and regulations regarding use of the Website & Mobile with respect to the jurisdiction concerned for each transaction.
  8. Saara Reserves the right to refuse seller access to Website & Mobile App, terminate their account,cancel any transactions, remove and/or edit content on the Website & Mobile App at any time without notice if we have reasonable belief that Seller account is being used for purposes other than seller’s actual business activity

6. Links:

  1. This Website & Mobile App may contain links to other websites maintained by third parties ("External Sites"). TheseExternal Sites are linked to the Website & Mobile App for Your reference and convenience only. Saara does not operate, control or endorse in any respect such ExternalSites or their content. You assume sole responsibility for use of these External Sites and is therefore, advised to examine the terms and conditions of those External Sites carefully.
  2. You must not link Your own website or any third party website, to this Website & Mobile App without obtaining the prior written approval of Saara. Use of any automated screen capture or screen scraping technologies to obtain information from this Website without the prior written approval of Saara is an infringement of our intellectual property rights.

7. Selling:

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website & Mobile App. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale.The Listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer.

8. Use of theWebsite:

  1. You Understand and agree that Saara and the Website & Mobile App merely provide hosting services to its Registered Users and persons browsing/visiting the Website & Mobile App. All items advertised/listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Saara neither originates nor initiates the transmission nor selects the sender and receiver ofthe transmission nor selects nor modify the information contained in the transmission. Saara has no control over the third party user generated contents.
  2. You agree, undertake and confirm that your use of the Website & Mobile App shall be strictly governed by the following binding principles:
    1. "YourInformation'' is defined as any information you provide to us or other users of the Website ("Users") in the registration, bidding, buyingor listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
    2. YourInformation (or any items listed):
    3. The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediariesguidelines) Rules 2011. Please note that in accordance with the InformationTechnology (Intermediaries guidelines) Rules 2011 in case of non-compliance with the User Agreement, User Privacy Notice, or rules and regulations for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
      You shall not host, display, upload, modify, publish, transmit,update or share any information or share/list(s) any information or item that:

      1. belongs to another person and to which You does not have any right to;
      2. is grossly harmful, harassing, blasphemous, defamatory,obscene, pornographic, paedophilic, libellous, invasive of another's privacy,hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
      3. ; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women(Prohibition) Act, 1986;
      4. harm minors in any way;
      5. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
      6. violates any law for the time being in force;
      7. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      8. impersonate another person;
      9. contains software viruses or any other computer code,files or programs designed to interrupt, destroy or limit the functionality of any computer resource; ; or contains anyTrojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminished value of, surreptitiously intercept or expropriate any system, data or personal information;
      10. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
      11. is false, inaccurate or misleading;
      12. directly or indirectly, offers, attempts to offer,trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule,regulation or guideline for the time being in force. Without prejudice to the generality of the above, Saara does not permit transactions Prohibited andRestricted Items.
      13. creates liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
      14. links directly or indirectly to or includes descriptions of items, goods or services that:
      1. are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940,the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, theIndian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
      2. are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
      3. are concurrently listed for sale on a web site other than the Website;

    4. Solely To enable Saara to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,sub-licensable (through multiple tiers) right to exercise the copyright,publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to YourInformation. Saara will only use Your Information in accordance with the UserAgreement and oyabasket.com User Privacy Notice .
    5. You represent and confirm that you shall be the sole and exclusive legal owner of all items or authorised to sell, goods or products of any description that you wish to offer for sale on the Website & Mobile App. You shall have absolute right, title and authority to deal and offer for sale such items, goods or products.
    6. In the event that any transaction or attempted transaction relating to any item, products or services which is violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Saara of the same. If you are a Registered User, you may contact Saara.
    7. You Shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable andas amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Lawsor Regulations in Force) and International Laws, Foreign Exchange Laws,Environmental Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Tax (GST), Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular, you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Arttreasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying Section) at any place outside India.
    8. From Time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You Shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.

8. Correspondence/Notices:

  1. WhenYou use the Website or send emails or other data, information or communication Saara, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic means from Saara periodically and as and when required.
  2. We may communicate with You through email/SMS or by such other mode of communication, electronic or otherwise.

9. Disclaimer Of Warranties and Liability:

  1. This Website & Mobile App, all the services (including but not limited to software) included on or otherwise made available to You through this Website & Mobile App are provided on"as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing by Saara or on the Website & Mobile App.
  2. Without Prejudice to the forgoing paragraph, Website & Mobile App does not warrant that:
  3. 1. Website & Mobile App will be constantly available,or available at all; or
    2. The information on this Website & Mobile App is complete, true, accurate or non-misleading.
  4. Saara will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website & Mobile App. Wherever, the same is under the control of the Seller. The Website does not warrant that this Website & Mobile App ;information, content, materials, product (including software) Facility or services included on or otherwise made available to You through the Website & Mobile App ;the servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
  5. You Are required to enter a valid phone number while ordering a product or service on the Website & Mobile App. By registering Your phone number with us, You consent to be contacted by us for the purposes of the transaction on the Website or for sending you promotional offers or content.
  6. Platform for Communication. The Website & Mobile App is only a venue where Users may meet and interact with one another for their transactions. Saara is not and cannot be a party to or control in any manner any transaction between two Users of the Website & Mobile App.
  7. For The purpose of order through the Website & Mobile App, we warrant that we shall be responsible for the following activities:
    1. Issuing order confirmation (a order that will be accepted by the seller); and
    2. Providing Customer support and information in case of any delays in the order /inconvenience caused to You.
    3. Saara will process the order cancellation request from customers subject to the cancellation and refund policy of the respective seller. The cancellation fee may differ for each seller.
    4. However, We DO NOT take any liability for the following:

      1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
      2. Saara is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Saara cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website & Mobile App. Saara shall not and is not required to mediate or resolve any dispute or disagreement between Users.
      3. Saara doesn't make any representation or Warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website & Mobile App. In particular, Saara does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website & Mobile App. Saara accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
      4. Saara doesn't make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website & Mobile App and use your best judgment on that behalf.
      5. Saara does not at any point of time during any transaction between buyer and seller on Website & Mobile App come into or takes possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
      6. The Website & Mobile App is only a venue through which Users can reach a larger base to buy and sell items or services. Saara is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer.
      7. At no time shall any right, title or interest over the items vest with Saara nor shall Saara have any obligations or liabilities in respect of such contract. Saara is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
      8. You shall independently agree upon the manner and terms and conditions of delivery,payment, insurance etc. with the other Users that you transact with.
      9. You release and indemnify Saara and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website & Mobile App and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Saara cannot control the information provided by other Users,which is made available on the Website & Mobile App. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website & Mobile App. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.

10. Payment:

At present we have only two payment option
• Cash on Delivery (COD)
• Unified Payment Interface (UPI)

11. Cancellation & Refund Policy:

  1. Cancellation & Refund
  2. Saara will process the order cancellation request from You as per the cancellation/refund policy of the respective seller. The cancellation fee and the period taken to process the refund will differ for each seller. Please Refer to the seller's cancellation refund policy.
  3. How Does the Customer Cancel an order?
  4. You can directly cancel the order on the website & mobile app or you can call our customer support helpline (available under “Contact Us” Option) for all cancellation related queries. Our customer support team will help you process the request as per the cancellation policy of the seller.

12. IntellectualProperty Rights:

  1. Content Included on the Website & Mobile App, such as text, graphics, logos, button icons, images,audio clips, digital downloads, data compilations, and software, is the property of Saara, its affiliates or its content suppliers and is protected byIndian copyright and database right laws.
  2. The Compilation of all content on this Website & Mobile App is the exclusive property of Saara, its affiliates or its software suppliers and is protected by Indian and international copyright and authors' rights laws.
  3. You may not systematically extract/or re-utilise any parts of the contents of the Website & Mobile App without our express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website & Mobile App, without Saara's express written consent. You may also not create and/or publish Your own database that features substantial (eg:prices and product or service listings) parts of the Website & Mobile App without Saara's Express written consent.
  4. You Cannot use the Saara’s any trademarks for commercially exploiting them for Your Interests without our express permission. We reserve the right to initiate legal proceedings if we discover any infringement of our intellectual property rights.

13. GrievanceOfficer:

In case of any consumer grievance, the End-User may contact Saara on the email id provided below:
support@saarasolutions.com

14. Indemnity:

  1. You Shall indemnify and hold harmless Saara, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand,or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms or any document incorporated by reference, or Your violation of any law, rules,regulations or the rights of a third party.
  2. You hereby expressly release Saara or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

15. Losses:

Saara will not be responsible for any loss(including loss of profits, revenue, contracts, anticipated savings, data,goodwill or wasted expenditure) and any other indirect or consequential loss toYou when You commenced using the Website & Mobile App.

16. Governinglaw and Jurisdiction:

These Terms are governed by and shall be construed in accordance with the laws of India. The courts in Udupi shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with these Terms.These Terms are governed by and shall be construed in accordance with the laws of India. The courts in Udupi shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with these Terms.

17. Suspension,Termination or Cancellation:

Websites may suspend, cancel or terminate Your Account registered with us, with or without prior notice, if we believe in good faith that You have breached any of these Terms or any other terms or policies referred to in these Terms.
Saara reserves the right, at its sole discretion,to accept, hold and/or cancel any order made by You on the oyabasket.com both & Website & Saara Mobile App, which is deemed to be fraudulent or suspicious by Saara.
Saara will endeavour to inform You in the event of cancellation of order, owing to fraud or suspicious activity, to the best of its capacity, but shall not be liable for a failure to communicate to You of such cancellation.

18. Amendment/ Modification:

Saara reserves the right to modify these Terms at any time with or without any further notice by uploading the revised Terms on the Website and it is Your duty to keep yourself aware of the revisions to theTerms of the Website.

19. Limitation Of Liability:

THE WEBSITE/SAARA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR INCONNECTION WITH THE TERMS, SITE, FACILITY, TRANSACTION PROCESSING SERVICE,INABILITY TO USE THE FACILITY OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY FACILITY PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY YOU THROUGH THE WEBSITE.

20. Miscellaneous:

  1. The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms.
  2. These Terms constitute the complete and entire set of terms between the Parties on the subject of ‘terms of usage of the Website & Mobile App' (save and except the other policies and terms referred to in these Terms) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.
  3. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity unenforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect.
  4. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
  5. ALL PICTURES SHOWN ARE FOR ILLUSTRATION PURPOSE ONLY. ACTUAL PRODUCT MAY VARY DUE TO PRODUCT ENHANCEMENT.