Buyer Seller Terms
Marketplace Seller Agreement
By registering for or using the Services, you authorize Pedagoge to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions (as defined below), receiving and holding Sales Proceeds (as defined below) on your behalf, remitting Sales Proceeds to your bank account, charging your credit card, paying in cash to Pedagoge and its affiliates amounts you owe in accordance with this Agreement or other agreements you may have with Pedagoge or its affiliates (collectively, the “Transaction Processing Service”).
“Your Transaction” means any sale of your services through the Site. As used in this document, “we,” “us” and “our” mean Pedagoge.
“Sales Proceeds” means the gross proceeds from any of Your Transactions, including all services rendered by Pedagoge and other charges, but excluding any taxes separately stated and charged.
Notwithstanding anything to the contrary in this Agreement, Pedagoge may in its discretion modify the Transaction Processing Services described in this Section.
a. The Transaction Processing Service facilitates the purchase of Seller services listed on the Site. Sales Proceeds are credited to a registered Seller’s Payment Account (as defined in the Section below), and funds are periodically transferred to the Seller’s designated bank account (“Seller’s Account”). Alternatively, eligible Sellers may opt to purchase a Pedagoge.com or other gift certificates with funds from Sales Proceeds or elsewhere to the extent that Pedagoge offers such an option. When a Buyer instructs us to pay to a Seller, you agree that the Buyer authorizes and orders us to commit the Buyer’s payment to you (less any applicable fees or other amounts we may collect under this Agreement). You agree that Buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to Pedagoge, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Participation Agreement. The Transaction Processing Service helps facilitate Your Transactions and neither we nor our affiliates are the purchaser of the Seller’s services. Seller will resolve any dispute directly with Buyer or with the assistance of Pedagoge and not through the Transaction Processing Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable. We may at any time require you to provide any financial, business or personal information we request to verify your identity. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain reports about Seller in order to approve Seller for use of the Transaction Processing Service and also from time to time while Seller is registered with the Transaction Processing Service (including reports about Seller’s kith and kins if deemed necessary by Pedagoge), and to obtain an initial credit authorization from Seller’s credit card issuer at time of registration.
b. Sales Proceeds can be credited only to bank accounts in India, or can be given as cash against proper documentation or used to purchase Pedagoge gift certificates (to the extent permitted by Pedagoge). Sellers may also use the bank account provided to Pedagoge for the Transaction Processing Service when making purchases on the Pedagoge web site or application.
c. We can initiate credits to Seller’s Account only on a Business Day when the automated clearing houses are open for business. For purposes of this Seller Agreement, a “Business Day” is a Monday through Friday, excluding banking holidays. We will inform you of each completed transaction using our standard procedures. In addition, you can access your Transaction Processing Service transaction information online in your Pedagoge Account.
d. You may provide refunds or adjustments to Buyers for Your Transactions through the Transaction Processing Service using functionality enabled for your account, whenever it becomes available. This functionality may be modified or discontinued by us at any time without notice and is subject to the limitations and the terms of this Seller Agreement. Pedagoge reserves the right to oversee or execute any refunds or adjustments that need to be taken for the Seller or the Buyer.
e. All balances for a set amount of time will be reflected in the Seller’s Account summary, whenever this functionality gets implemented by Pedagoge. When you either initially provide or later change your bank account information, you must wait 7 days to either (1) request a transfer to Seller’s Account or (2) purchase a Pedagoge gift certificate. After 7 days, you may either request transfers to Seller’s Account or purchase a Pedagoge gift certificate (if available) at any time within the 7-day cycle via the Seller Account summary page. The amount of the fees for the Services will be posted to Seller’s Account and will be deducted from the balance of credits in the Seller’s Account to be remitted to the Seller on the next Payment Date. Without limiting Pedagoge or Pedagoge Payments’ rights to collect any amounts you owe, including as described in Section j of this Agreement, Pedagoge’s receipt of Sales Proceeds discharges your obligation to pay applicable fees and other amounts under this Agreement to the extent the Sales Proceeds equal or exceed the fees and other amounts you owe and the Sales Proceeds are applied to the payment of those fees and amounts.
f. Transfers to the Seller’s Account will generally be credited within the first week from the date of the service start. Pedagoge aims to transfer the payment within seven business days from the start of the service in future. On occasion, we may send Seller a paper check instead of an electronic credit to Seller’s Account. We will do so, for instance, if Seller’s bank will not accept an electronic credit to Seller’s Account. Even after this transfer, if the buyer may initiate a refund or adjustment request, Pedagoge will work with the Seller and the Buyer to provide the appropriate refund or adjustment as per Pedagoge policies.
g. As a security measure, we or our affiliates may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Neither we nor our affiliates will be liable to Seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us or our affiliates for a security reason, or (ii) if we or our affiliates permit a Buyer to withdraw from a transaction because the Transaction Processing Service is unavailable following the commencement of a transaction, or (iii) if we or our affiliates don’t provide all the services exactly as listed in the document.
h. If we or our affiliates reasonably conclude based on information available to us or our affiliates that Seller’s actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Participation Agreement until the completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Participation Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section and delay any action till we are completely satisfied with our investigation of the issue.
i. All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by us or Pedagoge. We will send notices to Seller at the e-mail address maintained in our or Pedagoge’s records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us or Pedagoge. If a Seller does not have an email address on file with us, Pedagoge shall try and send the communication to the Seller’s registered phone number. Pedagoge encourages Sellers to create an email address and provide it to Pedagoge at the earlier to ensure timely communication.
j. We may refuse service to anyone for any reason. Pedagoge reserves the right to seek reimbursement from Seller if Pedagoge, in its sole discretion, decide to reimburse the Buyer depending on case to case basis, provide a refund to Buyer if Seller cannot promptly deliver the services as promised to the Buyer. We may obtain reimbursement of any amounts owed by Seller to Pedagoge or us by deducting from future payments owed to Seller, reversing any credits to Seller’s Account, taking amount in cash, charging against gift certificates held in Seller’s Account (if any) that were purchased with Sales Proceeds, charging Seller’s credit card, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or bank account.
k. We reserve the right, upon termination of this Agreement or Seller’s use of the Services, to set off against any payments to be made to Seller, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with Your Transactions from Seller’s Account for a prospective twelve-month period. At the end of such twelve-month period following termination, we will disburse to Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Seller via any of the means authorized in Section j above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable.
l. Sales Proceeds will be held in an account with Pedagoge and will represent an unsecured claim against Pedagoge. Prior to disbursing funds to the Seller, Pedagoge may combine Sales Proceeds held with the funds of other users of the Services, invest them, or use them for other purposes as deemed fit by Pedagoge. You will not receive interest or any other earnings on any Sales Proceeds.
m. If there is no activity (as determined by us) in connection with your Account for the period of time set forth in applicable unclaimed property laws and we hold Sales Proceeds on your behalf, we will notify you by means designated by us and provide you the option of keeping your Account open and maintaining the funds in your Account. If you do not respond to our notice(s) within the time period we specify, we will send the funds in your Account to your state of residency, as determined by us based on the information in your Account.
n. Sales Proceeds for Your Transaction can also be transferred to the Seller’s Account via cash mode, however, this can only happen if there is a written agreement between Pedagoge and Seller for the same wherein the seller agrees to pay a flat fee of Rs.100 to Pedagoge for facilitating this service. Pedagoge shall require similar documents as they would have required for any other mode of payment which includes but is not limited to the Seller’s Invoice.
m. The Seller gives the right to the platform (pedagoge) to offer their services at a discounted rate than the actual price mentioned by the seller. However, the percentage platform fee decided shall not be changed and the seller shall receive the same amount as mentioned in the platform after deduction of the platform fee.
a. For all services sold/rendered/coordinated/provided through its platform, Pedagoge requires complete documentation for it. Pedagoge would need a proof of identification from all its Sellers which includes any of the following documents: Pan Card, Driving Licence, Aadhar Card or Voter ID Card.
b. Seller’s agree to produce a copy of their Pan Card to Pedagoge at the time of registration under this agreement. Any change/modification/alteration to the Pan Card should be informed to Pedagoge via the means prescribed within 30 days of such change/modification/alteration. For the purpose of clarification in this section, Seller is that entity which provides the end service to the Buyer and not the person in contact for that Seller.
a. Pedagoge serves only as a marketplace for all its Sellers and Buyers, it acts as the facilitator for the Sellers to get more Buyers and charges a fees from the Sellers for the same. Pedagoge shall issue an invoice on the Seller for the platform fees charged. It is required for the Seller to issue an invoice for the services sold/rendered/coordinated/provided through Pedagoge platform to the Buyer. The invoice shall be issued in the name of the Buyer by the Seller. The invoice shall be given to Pedagoge and Pedagoge shall pass on the invoice to the Buyer at the time of payment on the platform.
b. Pedagoge shall have a standard format for all its Sellers, by this agreement the Seller authorises Pedagoge to issue that invoice with the invoice number provided by the Seller for the service offered.
c. For those Sellers not maintaining an invoice, this agreement authorises Pedagoge to make an invoice on behalf of the Seller towards the Buyer. Pedagoge shall maintain a different invoice number for all its seller falling in this category and shall not issue invoice numbers that are separately maintained for Pedagoge itself. Pedagoge takes no responsibility of selling/rendering/providing the service to the Buyers, it shall only be creating the invoice on behalf of the Seller towards the Buyer.
a. For all services sold/rendered/coordinated/provided through its platform, Pedagoge charges a fee based on a percentage of the sale price. Pedagoge reserves the right at its sole discretion to charge fees to sellers. Such fee may vary from seller to seller (across sub-categories and verticals). The seller of the service is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the service shall govern the transaction. By listing your profile for providing service through our platform, you agree to pay the applicable fees and any collection costs related to non-payment of fees. All fees are payable upon demand via your bank account or any other modes of transaction as determined by Pedagoge. By listing your profile at Pedagoge, you authorize Pedagoge to debit your bank account for amounts due.
b. Pedagoge reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Pedagoge further reserves the right to alter any and all fees from time to time, without notice. In case, there is a short charging by Pedagoge for any listing or services or platform or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion from the Sellers account.
c. Pedagoge reserves the right to charge the Buyer directly a one-time fee for facilitating any proposed services to be provided by the Seller which shall be a separate charge, over and above the charges mentioned above, which shall be recovered directly from the Buyer.
a. After a completed sale of service occurs, Pedagoge credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your account will be automatically transferred to your designated checking account at the earliest possible time by Pedagoge. To receive funds seamlessly, you must provide bank account information for an account managed in Indian Rupees. The payments will be made only in Indian Rupees. Any other modes of payments that Pedagoge offers will be at its discretion and you will be made aware if you can avail them.
b. As a security measure, Pedagoge may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Pedagoge will not be liable to the seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the account.
c. If Pedagoge reasonably concludes based on information available to us that seller’s actions and/or performance in connection with the site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this platform agreement. We will not be liable to seller if we act in accordance with the provisions of this Section. In some cases, it may take longer for Pedagoge to process such disputed payments and transactions, intimation regarding which shall be provided to the seller.
d. All services that are provided at a discounted rate to the buyers shall be borne by the platform and shall not imply a change in the rate offered by the seller or the change in the platform fee unless the seller provides the discount in the offered rate itself.
a. You agree that it is the Seller’s responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Pedagoge is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent Pedagoge expressly agrees to receive taxes or other transaction-based charges in connection with tax calculation services made available by Pedagoge and used by Seller. “Seller Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products or services by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives. Pedagoge may provide tools that allow a user to charge service tax on transactions, but Pedagoge will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Pedagoge is not responsible for determining when tax should be charged.
The Seller may opt out of the Service Providing Agreement at any time before commencement of service.
- If in any case, the seller cancels the service providing agreement at any time after commencement of service till Pedagoge is involved in such agreement, the seller must refund the entire amount received, to the credit of Pedagoge’s Account.
- For all of your services, you will accept and process refunds and adjustments in accordance with this marketplace seller agreement and we may inform customers that these policies apply to your services.
- You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with Pedagoge platform purchases, using functionality we enable for your account, and will route all such payments through Pedagoge.
- We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid.
- We may offset such payments against any amounts to be remitted or paid by Pedagoge to seller under this marketplace agreement or seek reimbursement from seller via any of the means authorized under this marketplace agreement.
- You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Pedagoge Seller Agreement and as required by law, and in no case later than seven (7) business days after the obligation arises.
- Pedagoge shall accept the return in any one of the following modes:a. Credit of bank account through net banking or via debit card. Pedagoge Bank account details are as follows:
Beneficiary Name: TRENCHER ONLINE SERVICES PVT. LTD.
Bank Name: CITI Bank
Account No.: 0710815003
IFSC Code: CITI0000001 (six zeroes)b. Physical cheque payment.
INDEMNITY/LIMITATION OF LIABILITY
a. Indemnity and Defense. You will defend, indemnify and hold harmless Pedagoge, and each of it’s affiliates (and their respective employees, promoters, shareholders, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Participation Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
b. Limitation of Liability. PEDAGOGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE TRANSACTION PROCESSING SERVICE, THE INABILITY TO USE THE SERVICES OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
Marketplace Buyer Agreement
Please read these conditions carefully before placing an order for any service(s) with the Sellers (“We” or “Our” or “Us”, wherever applicable) listed on the www.pedagoge.com (the website). These conditions signify your agreement to be bound by these conditions.
a. Your order is an offer to us to match you to the service(s) provider (Seller) in your order. When you place an order to purchase/receive a service from the Sellers listed on Pedagoge platform, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Acknowledgement E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to provide/receive the service(s) ordered. We only accept your offer, and conclude the contract of sale for a service ordered by you, when the invoice for the same is given to you and an e-mail confirmation is sent to you that the seller has agreed to provide the ordered service to you (the “Order Confirmation E-mail”).
b. Your contract is with the Sellers and you confirm that the service(s) ordered by you are purchased/received/used for your internal / personal purpose and not for re-sale/re-use. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the services ordered by you on the website.
a. By using an account in www.pedagoge.com, the user authorizes Pedagoge and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information
b. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
c. The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Pedagoge immediately via e-mail or writing of any unauthorized use of their password or account or any other breach of security. Pedagoge will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
d. Pedagoge at its sole discretion reserves the right to not accept any customer (buyer) order without assigning any reason thereof. Any contract to provide any service by Pedagoge is not complete until full money towards the service is received from the customer and accepted by Pedagoge.
CANCELLATION & REFUND
Cancellation by Parent
a. Refund Applicable if the number of classes held is less than or equal to 4.
b. Refund Applicable if the payment of fees being made to directly to Pedagoge. Otherwise, Pedagoge will not be liable for any dispute.
c. The refund will be made after deducting service charge of Rs. 200/- in addition to the fee amount ie.,(Per Class amount * No .of classes held)
Payment to teacher
The teacher will get 50% of the amount received by Pedagoge in case of cancellation by parent.
Cancellation By Teacher
a. Can be made before 48hrs of the commencement of the 2nd class.
b. Fees for only 1 class will be paid to the teacher irrespective of the classes held by him/her.
c. In case of medical/family emergency then the payment to teacher will be done at the sole discretion of the Pedagoge.
PRICING & AVAILABILITY
a. We list availability information for services sold by us on the website, including on each profile page of the Seller. Beyond what we say on that page or otherwise on the website, we have very less scope to be more specific about availability. Please note that estimates of the start of a service are just that they are not guaranteed start times and should not be relied upon as such. As we process your order, you will be informed by e-mail (preferred mode of communication) or phone (not preferred mode of communication) if any service(s) you order turn out to be unavailable. b. In case, there is a short charging by Pedagoge for any services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion. c. In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Pedagoge is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation. d. Pedagoge reserves the right to charge the Buyer directly a one-time fee for facilitating any proposed services to be provided by the Seller which shall be a separate charge, over and above the charges mentioned above, which shall be recovered directly from the Buyer.
FAST PASS ACCESS
a)To ensure fulfilment of urgent service request, Pedagoge is introducing FastPass Access. This access allows user to make their requirement/query to be treated on priority basis. Pedagoge serves these queries as priority and serves them first. However, it does not effect the fulfilment of the regular queries, those shall be treated as normal queries with normal preference.
b) To receive a FastPass Access, user has to PayTM a sum of Rs. 250 to the number 9073922837 with the description as ‘FPA <space> ID no (as given by us to user)’
c) Pedagoge ensures that all FastPass Access users shall receive a minimum of three conference calls or get a schedule to meet with one teacher or fulfil their query completely, whichever occurs earlier within 72 hours of receipt of FastPass subscription fee
d) If Pedagoge is unable to achieve any of the above, it shall refund 100% payment back to the user
e) Pedagoge will consider the case successful when any of the following is achieved, whichever achieved first
- Max. of 3 conference-calls made
- Demo class scheduled with teacher
- Teacher finalised
f) Pedagoge will shortlist the best teachers as per users requirement but the final call is in user’s hand as there are certain parameters that Pedagoge can’t control like fees, timing etc. Hence we cannot guarantee tuition but will guarantee conference call with 3 teachers failing which we will initiate the full refund
g) Under special circumstances like network failure, natural calamities and national holidays etc, the timeframe of 72 hrs will not be applicable.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of the services from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon by the Seller.
HEALTH & SAFETY
By purchasing/using any service from our platform, Buyers acknowledge that they have read and understood about the service. Pedagoge shall not be liable for any risk to the health or safety of the user.
Use of www.pedagoge.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, it is assumed that you are purchasing the service only with the involvement and consent of a parent or guardian eligible to participate in the contract.
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of services/goods by us to you was formed.
ALTERATION OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our policies, and these Conditions/Agreements at any time. You will be subject to the policies and Conditions in force at the time you order goods/services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If any of these conditions are breached and we take no action in respect of such event/situation, it shall not preclude us to execute any rights and remedies in any other subsequent event/situation where any condition is breached and we will be entitled to enforce remedies available to us for any such subsequent event/situation of breach.