Part 1 – Booking Service Terms

Parts 3, 5, 6 & 7 of our Booking Service Terms and Part 4 of our Terms of Use apply to both PHV and EV Taxi bookings, all other points only refer to PHV Bookings.

1. DEFINITIONS.

“Booking Services” means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by OUNO App.

“PHV” means private hire vehicle.

“EV Taxi” means electric black taxi

“Transportation Provider” means a provider of transportation services, that being, OUNO App Ltd.

“OUNO App” shall mean OUNO App Limited, a private limited liability company incorporated and registered in England and Wales with company number 

12359009 and registered too 72 Badminton Road, London, England, SW128BL

“OUNO App” means the software application pursuant to terms and conditions set forth in Part 2.

“Website” shall mean www.ounoapp.com  

2. PHV REGULATIONS.

Pursuant to the Private Hire Vehicles (London) Act 1998 (and any regulations made pursuant to such Acts, and the Local Government (Miscellaneous Provisions) Act 1976 (the “1976 Act”) and any related local government regulations pertaining to the operation of private hire vehicles (all together, the “Legislation”), a booking made by you can only be accepted by a person that holds a relevant operator’s licence. In respect of the 1998 Act, OUNO App is the holder of the relevant PHV operator’s licence. OUNO App shall enter into a contractual obligation as principal with the person making the PHV booking to provide the journey which is the subject of the booking and any such contractual obligation, in respect with the 1998 Act and the regulations.

3. THE PROVISION OF BOOKING SERVICES BY OUNO APP.

OUNO App provides to you certain booking services (the “Booking Services”). The Booking Services include:

a. Accepting bookings requested by you (which include bookings requested in advance by you using the “scheduled ride” function in the OUNO App) in accordance with sub-paragraph 4 below, but without prejudice to OUNO App’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;

b. OUNO App will distribute the request to one of our drivers (driver will be working on behalf of OUNO App Ltd);

c. Keeping records of bookings;

d. Remotely monitoring trips booked using the OUNO App;

e. Receiving and dealing with feedback, questions and complaints relating to bookings accepted by OUNO App, which may be made by email: support@ounoapp.com. You are encouraged to provide your feedback if any of the transportation services provided to you by OUNO App do not conform to your expectations; and

f. Managing any lost property queries relating to bookings accepted by OUNO App,

in each case in accordance with any relevant provisions of the Legislation.

Pursuant to, and for the purposes of the Legislation, OUNO App accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.

4. YOUR TRANSPORTATION CONTRACT WITH OUNO APP LTD.

OUNO App is a Transportation Provider and provides transportation services. Transportation services are provided to you under a contract (the “Transportation Contract”) between you and OUNO App that is identified to you in the booking confirmation.

The Transportation Provider may be licensed in an area other than where the booking is requested or the transportation services are provided.

OUNO App is responsible for all stages of the journey for PHV bookings.

5. PAYMENT.

The Transportation Services are provided by OUNO App to you free of charge. OUNO App reserves the right to introduce a fee for the provision of the Booking Services. If OUNO App decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the OUNO App at your option.

The rates that apply for the transportation services provided by OUNO App can be found on the Website and through the OUNO App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services.

6. LIMITATION OF LIABILITY.

To the extent permitted by applicable law, OUNO App will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person’s property in connection with the Booking Services or any booking accepted by OUNO App;

a. any booking that has not been accepted;

b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the OUNO App;

c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;

d. any loss relating to your business or the business of your employer or any other person;

e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or

f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that OUNO App fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

g. If OUNO App is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to £250 in aggregate.

Nothing in these Terms and Conditions will limit or exclude OUNO App’s liability to you for personal injury or death caused directly by OUNO App’s negligence.

7. APPLICABLE LAW.

The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.

Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

8. APPLICABILITY 

For the purposes of the Local Cab product (including any modification to any part of it), Part 1 (Booking Service Terms) of these Terms and Conditions shall be excluded.

Part 2 – Terms of Use

These Terms of Use (“Terms”) apply to your visit to and your use of the Website and the OUNO App as well as to all other information, recommendations and/or services provided to you on or through the Website and the OUNO App, but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in Part 1 above. However, defined terms used in this Part 2 shall have the meaning given in Part 1 unless otherwise specified.

1. Contractual Relationship

These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications (including the OUNO App), websites, content, products, and services (the “Services”) made available by OUNO App Limited, a private limited liability company incorporated and registered in England and Wales with company number 12359009 and registered too 72 Badminton Road, London, England, SW128BL (OUNO App). In relation to PHV and EV Taxi Bookings, the Services enable you to access the Booking Services provided by OUNO App described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and OUNO App. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. OUNO App may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. OUNO App will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, OUNO App reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in OUNO App’s opinion, any delay in such termination would expose OUNO App or a third party to significant risk of harm or damage.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

OUNO App may amend the Terms related to the Services from time to time. Amendments will be effective upon OUNO App’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in OUNO App’s Privacy and Cookie Policy located at https://www.ounoapp.com. OUNO App may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a Transportation Provider) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform that enables users of OUNO’s mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule transportation, delivery, (including Transportation Providers as defined in Part 1), independent third party logistics and/or delivery providers under agreement with OUNO App or certain of OUNO App’s affiliates. Unless otherwise agreed by OUNO App in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use..

License.

Subject to your compliance with these Terms, OUNO App grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by OUNO App and OUNO App’s licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by OUNO App; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that OUNO App does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. OUNO App does not endorse such third party services and content and in no event shall OUNO App be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain OUNO App’s property or the property of OUNO App’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner OUNO App’s company names, logos, product and service names, trademarks or services marks or those of OUNO App’s licensors.

3. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to OUNO App certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or OUNO App’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by OUNO App in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation, logistics, delivery or vendor services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging.

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. 

Promotional Codes.

OUNO App may, in OUNO App’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that OUNO App establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by OUNO App; (iii) may be disabled by OUNO App at any time for any reason without liability to OUNO App; (iv) may only be used pursuant to the specific terms that OUNO App establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. OUNO App reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that OUNO App determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content.

OUNO App may, in OUNO App’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to OUNO App through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to OUNO App, you grant OUNO App a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and OUNO App’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant OUNO App the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor OUNO App’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by OUNO App in its sole discretion, whether or not such material may be protected by law. OUNO App may, but shall not be obligated to, review, monitor, or remove User Content, at OUNO App’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. OUNO App does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

‘’Third Party’’ refers too EV Black Taxis

You understand that use of the Services may result in charges to you for the services or goods you receive from OUNO App or a Third Party driver (“Charges”). After you have received services or goods obtained through your use of the Services, OUNO App will facilitate your payment of the applicable Charges on behalf of the OUNO App or a Third Party driver as disclosed payment collection agent for OUNO App or the Third Party driver (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to OUNO App or the Third Party driver. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by OUNO App. You retain the right to request lower Charges from OUNO App or a Third Party driver for services or goods received by you from OUNO App or a Third Party driver at the time you receive such services or goods. OUNO App will respond accordingly to any request from a Third Party driver to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated as soon as practicable by OUNO App using the preferred payment method designated in your Account, after which OUNO App will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that OUNO App may, as the provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available.

As between you and OUNO App, OUNO App reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in OUNO App’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. OUNO App will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. OUNO App may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from OUNO App or a Third Party driver at any time prior to such OUNO App or a Third Party driver’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate OUNO App or the Third Party driver for the services or goods provided. OUNO App does not designate any portion of your payment as a tip or gratuity to the OUNO App or the Third Party driver. Any representation by OUNO App (on OUNO App’s website, in the Application, or in OUNO App’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that OUNO App provides any additional amounts, beyond those described above, to the Third Party driver. You understand and agree that, while you are free to provide additional payment as a gratuity to any OUNO App driver or a Third Party driver who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your journey.

Repair or Cleaning Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, OUNO App or Third Party vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by OUNO App in OUNO App’s reasonable discretion, OUNO App reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by OUNO App to itself or the applicable Third Party driver and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OUNO APP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, OUNO APP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OUNO APP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

OUNO APP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF OUNO APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUNO APP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF OUNO APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUNO APP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUNO APP’S REASONABLE CONTROL. IN NO EVENT SHALL OUNO APP’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED GBP (£500).

OUNO APP’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT OUNO APP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold OUNO App and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) OUNO App’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to OUNO App’s designated agent. Please visit OUNO App’s web page at www.ounoapp.com for the designated address and additional information.

Notice.

OUNO App may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to OUNO App by written communication to OUNO App ‘s address at 17a Pall Mall Deposit,124-128 Barlby Road, London, W106BL

General.

You may not assign or transfer these Terms in whole or in part without OUNO App’s prior written approval. You give your approval to OUNO App for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of OUNO App’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, OUNO App or any Third Party driver as a result of the contract between you and OUNO App or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”