Terms of use of BLOGALYZER

Last updated: 26/02/2019

1. Our terms of use – acceptance and applicability

The website www.blogalyzer.net (hereafter the “Website”) and the digital platform (hereafter the “Digital Platform”) and the application which provides you access to the Digital Platform (hereafter the “App”) (hereafter also together referred to as the “Services”) are owned and managed by the private limited liability company incorporated under Belgian law Flatninja, with registered offices at BE – 2000 Antwerp, Tolstraat 28, registered at the Register of Legal Entities of Antwerp, division Antwerp under the number 0640.876.327 and known by the VAT-administration under the number BE 0640.876.327 (hereafter “Blogalyzer”, “we” or “our”).

The Website, Digital Platform and App” help a user (hereafter a “User””, “you” or “your”) to optimise their content marketing strategy. We do so by offering you a Digital Platform that allows you to view your content marketing performance data in different formats. For more detailed information on this, please consult our Website.

These terms of use (hereafter the “Terms of Use” or the “Agreement”) govern your use and access of the Website, the Digital Platform and the App of, as well as the use and access of all persons (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) you represents or have offered permission to use and access the Website, the Digital Platform and the App. The Terms of Use also govern the content, information and services, free and/or paid, provided through the Website and/or the Digital Platform and/or the App by us, our representatives, users or any other relevant (third) party.

Each time you access and use the Website and the Digital Platform, whether through a mobile device, mobile application, computer or App, and whether you create an account or not, you state and confirm your acceptance and agreement, and the acceptance and agreement of all persons you represent or allow access, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons you represent or allow access. Therefore, the Terms of Use constitute a legally binding agreement between us and you.

In addition to any other rights or remedies granted by us under or otherwise in connection with these Terms of Use, you agree and acknowledge that you have read and agree to be bound and to comply with our following other policies, which are hereby incorporated by reference into, and integrally made a part of these Terms of Use:

• Privacy Policy of Blogalyzer
• Cookie Policy of Blogalyzer

Please print a copy of this Agreement for your records.

You are not permitted to change, supplement, or amend these Terms of Use in any manner. If you do not accept and agree to be bound by all the terms of this Agreement, as well as the aforementioned policies, or you wish to withdraw your consent, or you are not authorized to agree to and accept these terms, you must immediately cease your access and use of the Website, the Digital Platform and the App.

We may, at our sole discretion, change, supplement or amend these Terms of Use as they relate to your future use of the Website, the Digital Platform and the App and we may do so from time to time, for any reason, and without any prior notice or liability towards you or any other person.

Each time you access and use the Website, the Digital Platform and/or the App, the Terms of Use as they then read will govern your access and use. Accordingly, when you access and use the Website, the Digital Platform and the App you should check the date of these Terms of Use (which appears at the top of these Terms of Use) and review any changes since the last version.

2. Your use of the Website, the Digital Platform and the App

You agree to use the Website, the Digital Platform and the App in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations. No other upload, download, retention, use, publication, distribution (of any portion) (of the content of) the Website, the Digital Platform and the App as described in the Terms of Use is authorized or permitted.

Through the Website, the Digital Platform or the App you can consult general content relating to Blogalyzer (the company, the Services, the Digital Platform, its use etc.). The Website, the Digital Platform and the App can also be used to contact us, or to subscribe to our newsletter, through a contact form.

The Website, the Digital Platform and the App can be used to view your content marketing statistics (cfr. 1). In order to do this, you must sign in using your Google (Analytics) login. If you do so, you authorize us to access and use certain Google account information, including but not limited to your Google Analytics data and profile. You agree that the data you place on the Service may be re-calculated by the Service anonymously in order to show industry averages. For more information, please also consult our Privacy Policy.

For the moment, we are running a (free) trial of Services. This trial is provided to give you access to the system at no charge, so that you can become more familiar with its features and discover our Services and preview all we have to offer. 

We may change the Website, the Digital Platform and the App, its content, its use, its functionalities etc. at any moment and at our sole discretion.

The Services are for personal use only. You may not use the Services or any Content contained in the Services (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by us. We may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services.

In using this Website and the Digital Platform, you in any case agree to not:

1. upload, download, post, email, analyze or otherwise transmit any materials, including but not limited to text, data, graphics, photographs, images, document layouts, artwork, text, fonts, software tools, or any of these elements in combination as a design for services available on this Website ,the Digital Platform and the App or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, and intellectual property;
2. upload, download, post, email, analyze or otherwise transmit any Content that is in in any way unlawful or invasive of another’s privacy rights or incorporate images or names that would violate a person’s right of privacy or publicity. For more information relating to privacy and privacy related data, please consult our privacy policy;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. upload, download, post, email, analyze or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
5. upload, download, post, email, analyze or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
6. upload, download, post, email, analyze or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. upload, download, post, email, analyze or otherwise transmit false or misleading information;
8. disrupt or interfere with the security of, or otherwise abuse, the Website, the Digital Platform and the App or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or the Digital Platform or the App or affiliated or linked Websites, Digital Platforms or Apps.
9. access, tamper with or use non-public areas of the Website or the Digital Platform. Unauthorized individuals attempting to access these areas of the Website and the Digital Platform may be subject to prosecution;
10. disrupt or interfere with any other user’s enjoyment of the Website, the Digital Platform or the App, or affiliated or linked Websites, Digital Platforms and Apps;
11. request money form, or otherwise defraud, other users of the Services;
12. impersonate any person or entity;
13. “stalk” or otherwise harass any person.
14. express or imply that any statements you make are endorsed by us without our specific prior written consent.
15. use the Services in an illegal manner or to commit an illegal act;
16. access the Services in a jurisdiction in which it is illegal or unauthorized;
17. ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
18. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
19. collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services;
20. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party software);
21. “frame” or “mirror” any part of the Services, without our prior written authorization;
22. use meta tags or code or other devices containing any reference to us or our Services (or any trademark, trade name, service mark, logo or slogan of us) to direct any person to any other website for any purpose.
23. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services any software used on or for the Services, or cause others to do so;
24. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Services other than solely in connection with your use of the Services in accordance with this Agreement.

If you use the Services, you agree that you are responsible for protecting your password and controlling access to the Digital Platform. You agree that you will be responsible for all Content that you upload, download, post, email, analyze or otherwise transmit on or through the Website, the Digital Platform and the App. You will immediately notify us of any unauthorized uses of your account and any other breaches of security from the moment you obtain knowledge about this unauthorized use or breach.

You agree to waive any claims against us and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Website and the Digital Platform, whether or not uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted by you or your representatives or any other (third) party, or conduct of any user. You agree to indemnify us and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees from all claims and expenses, including reasonable attorney’s fees, which are based on or arise from your violation of any of the provisions of this Agreement.

Upon using the Website, the Digital Platform and/or the App, you acknowledge and agree that we may monitor or review and use any of your Content, for adherence to its guidelines and compliance with the terms and conditions set forth in the Terms of Use, as well as to collect information in connection with the use of the Website, the Digital Platform and the App (such as but not limited to user analyses). We consult your Content in case of explicit request by you and/or in order to review and solve technical difficulties or problems. We will in doing so always comply with Belgian and European privacy obligations and regulations (cf. privacy policy) as well as other legal obligations and regulations.

Should you believe that material located or linked to by us violates any of your (privacy or intellectual property or other) rights, please notify us immediately by using the following e-mail address info@blogalyzer.net.

We will do its best effort to respond to all such notices and take appropriate action. We, our directors, affiliates, subsidiaries, contractors, agents, representatives, employees and providers can however not be held liable by you or any other person for any loss or damages suffered by you or any other person as a result of this supposed violation.

You understand that the technical processing and operation of the Website, the Digital Platform and the App, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates these provision, including removing the offending communication from the Services and terminating or suspending the account of such violators.

3. Proprietary Rights

The Website, the Digital Platform and the App and all our Content are our copyrighted property, and/or that of our affiliates or the copyrighted property of parties from whom we have licensed such property. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Website, the Digital Platform and the App and/or our Content except as expressly allowed in these Terms of Use.

You acknowledge and agree that the Website, the Digital Platform and any software provided to you or used in connection with the Website, the Digital Platform and the App contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the limited rights expressly granted in this Agreement, we reserve all right, title and interest in and to the software, the Website, the Digital Platform, the App and any other IP Rights, materials or other properties owned, licensed or controlled by us.

We grant you a non-exclusive, non-transferable, non-sublicenseable, revocable license to use our proprietary online platform, including without limitation the Website, the Digital Platform and the App and our  software solely as necessary to use the Website, the Digital Platform and the App and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Digital Platform and the App or the software, in whole or in part. All rights not specifically granted to you under this Agreement are expressly reserved by us.

The Content you upload, download, post, email, analyze or otherwise transmit to or through the Website, the Digital Platform and/or the App is your responsibility and your copyright property or that of other parties from whom you have licensed this.

By posting Content as part of the Services, you however automatically grant us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You acknowledge and agree that we may use the Information in order to evaluate the Website, the Digital Platform and the App and its functionalities and measure and improve performance, solve technical difficulties, identify areas of improvement and use compliments as testimonial.

You represent and warrant that any posting and use of your Content by us will not infringe or violate the rights of any third party.

4. Third-party Websites

The Website, the Digital Platform and the App may provide hyperlinks to third-party materials, resources, digital platforms or websites operated by third parties (e.g. Google Analytics, Matomo). We are not liable for any content, advertising, products or other materials on or available from such websites, digital platforms or resources or the policies of such websites and resources. We should not be taken to be endorsing, publishing, permitting or authorizing such websites or materials. Therefore, please be warned that these websites are operated under the exclusive responsibility of their respective owners, who are solely liable for complying with laws and regulations applicable to the products and services sold on their websites, including without limitation consumer protection, distant selling and price display regulations, if applicable.

We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website, digital platform or resource.

5. Disclaimer, liability, exclusion, liability limitation, release and indemnity

We do not accept any liability for your access and use of the Website, the Digital Platform and the App. For that reason, the following provisions apply to your access and use of the Website, the Digital Platform and the App.

5.1 Disclaimer

Your access and use of the Website, the Digital Platform and the App is at your own risk. The Website, the Digital Platform and the App is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by us and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers to the fullest extent permitted by law.

You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Website, the Digital Platform and the App.

The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Website, the Digital Platform and the App may be affected by numerous factors beyond our control. The operation of the Website, the Digital Platform and the App may not be continuous or uninterrupted, secure or private.

Without limiting the generality of the foregoing, we, and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers make no representation, warranty or condition that:

a. the Website, the Digital Platform and the App will be compatible with your computer and related equipment and software;

b. the Website, the Digital Platform and the App will be available or will function without interruption or will be free of errors or that any errors will be corrected;

c. the Website, the Digital Platform and the App or (analyses) derived from the Website, the Digital Platform and the App will meet your requirements;

d. the information contained in the Website, the Digital Platform and the App or (analyses) derived from the Website,  the Digital Platform and the App will be accurate, complete, sequential or  timely;

e. certain or any results may be obtained through the use of the Website, the Digital Platform and the App;

f. the use of the Website, the Digital Platform and the App, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or

g. the use of the Website, the Digital Platform and the App will not infringe the rights (including privacy and intellectual property rights) of any person; and we and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

We and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by us to give effect to, or for any failure or delay by us in receiving, accessing, processing or accepting, any communication sent to us by means of the Website, the Digital Platform and the App, or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Website, the Digital Platform and the App or email services.

You are solely responsible for all Content that you upload, download, post, email or otherwise transmit to or through the Website, the Digital Platform and the App.

We do not and cannot review all the Content and material, including computer software, uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted on or through the Website, the Digital Platform and the App.

You agree that we and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers have no responsibility for any damages suffered by you in connection with the Website, the Digital Platform and the App or any Content, whether or not uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted to or through the Website, the Digital Platform and the App by you or by us. You expressly agree that use of this Website, the Digital Platform and the App, including all Content, data or software distributed by, downloaded or accessed from or through this Website, the Digital Platform and the App, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such Content, data and/or software, as well as for damages suffered by third parties who’s rights (including but not limited to privacy and intellectual property rights) may have been violated by the uploading, downloading, posting, emailing, analyzing or otherwise transmitting of Content by you.

You acknowledge that we do not control in any respect any information, products, or services offered by third parties on or through this Website, the Digital Platform and the App.

Except as otherwise agreed in writing, we and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of Content or products distributed or made available by third parties through this Website, the Digital Platform and the App.

No advice or information, whether oral or written, obtained by you from us or through or from the Website, the Digital Platform and the App shall create any warranty not expressly stated in the Agreement.

5.2 Liability exclusion

To the fullest extent permitted by law, we nor our directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers will under any circumstances (unless in case of gross negligence or willful misconduct) be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website, the Digital Platform and the App by you or any other person, and regardless of any negligence or other fault or wrongdoing by us or our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers, and notwithstanding that we or our directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.

5.3 Release

You hereby release, remise and forever discharge each of our and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons, from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, now or hereafter, from, relating to, or in connection with your access and use of the Website, the Digital Platform and the App.

5.4 Indemnity

You agree to indemnify, defend and hold harmless each of our and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Website, the Digital Platform and the App, your uploads, downloads, posts, emails, analyses or otherwise transmissions of Content or information or your breach of this Agreement. You will assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any claim or demand. Advice and information provided by us and our directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this Agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.

6. Termination of this Agreement and the Website, the Digital Platform and the App

We may, at any time and for any reason and at our sole discretion: (a) change, suspend or terminate, temporarily or permanently, the Website, the Digital Platform and the App or any part or functionalities; or (b) restrict, suspend or terminate (in whole or in part) your account, password, permission to access or use the Website, the Digital Platform and the App and/or remove and discard any Content you may have contributed to or gained from the use of the Website, the Digital Platform and the App; all without any notice or liability to you or any other person.

You agree that any termination of your access to or use of the Website, the Digital Platform and the App under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or ban any further access to such files on the Website and/or the Digital Platform. An account terminated by us will possibly not be backed-up for any reason and can be immediately deleted from our servers. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website, the Digital Platform and the App.

Should you object to any terms and conditions of these Terms of Use or become dissatisfied with the Website or the Digital Platform or the App in any way, you can contact us on the e-mail address info@blogalyzer.net or discontinue your use of the Website, the Digital Platform and the App and/or terminate your account.

If this Agreement or your permission to access or use the Website, the Digital Platform and the App is terminated or by you, or by a person you represent, or by us, then: (a) these Terms of Use and all other then existing agreements between us and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, the Digital Platform and the App, and anything connected with, relating to or arising therefrom; and (b) we may continue to use and disclose your personal information in accordance with the Privacy Policy as amended from time to time.

7.  Miscellaneous Matters

7.1 Governing Law – Dispute Resolution

All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement shall be governed by and construed in accordance with Belgian law, without giving effect to any other choice of law or conflict-of-laws rules or provisions (Belgian, foreign or international) that would cause the laws of any jurisdiction other than Belgium to be applicable.

Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be submitted to the sole jurisdiction of the Courts of our registered office.

7.2 English is Governing Language

This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by us are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.

7.3 Our Relationship

This Agreement does not create any relationship of principal and agent, partners, joint ventures, employer and employee, fiduciary or similar relationship between the parties. You are not authorized to make any promise, warranty or representation on behalf of us or obligate or attempt to obligate us in any manner whatsoever. You shall not represent to any person that you are our agent, nor fail to correct any misunderstanding as to such status.

7.4 Assignment

We may freely assign or transfer any or all of the rights and obligations described under this Agreement without your consent and without notice to you. You may not assign this Agreement or any of your rights and duties hereunder without our prior written consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assignees.

7.5 Severability

If any provision of this Agreement is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of this Agreement; and (iii) such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.

7.6 Publicity

You shall not issue or make any publicity release (including press releases and advertising of services rendered by us) or other public statement: (i) relating to this Agreement; (ii) using our name or referencing to us or our services for any other purpose than promoting the Website and the Digital Platform; or (iii) suggesting or implying any endorsement by us without our prior written approval, which we may withhold at its sole discretion.

You agree that we may provide all legal communications and notices to you electronically by posting them on the Website or Digital Platform, at their election, by sending an e-mail to the e-mail address you provided to us. You may withdraw your consent to receive communications electronically by contacting us. However, if you withdraw your consent to receive communications electronically, you must discontinue your use of the Website and Digital Platform.

7.7 Entire Agreement – Amendment

This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. We reserve the right to amend this Agreement at any time. When we amend this Agreement, we shall make reasonable efforts to provide you with general, not specific, notice of such changes by posting a conspicuous announcement at the Website and/or the Digital Platform that; (i) such changes or amendments have occurred; and (ii) identifying which particular provisions have changed. Such announcement shall be maintained for no less than thirty (30) days following the effective date of such amendment. Your continued use of the Website, the Digital Platform and the App, following the posting of such amendment will signify and be deemed your assent to and acceptance of the revised Agreement. You agree that you have the burden to periodically review the Website, the Digital Platform and the App to inform yourself of any such changes.

7.8 Waiver

The waiver or failure by us to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. Our rights and remedies as set forth in this Agreement are cumulative and are in addition to any rights or remedies We may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

7.9 Force Majeure

We shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, us.

7.10 Notices

Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) our time of transmission if sent via email, as date stamped by our systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.

7.11 Headings/Interpretation

The table of contents and the descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.