Terms and Conditions

(c) Member accounts and Subscriptions (as defined below) are not transferable. You agree to not sell, transfer, or exchange Member accounts or Subscriptions in any way or under any circumstance. 2.3 SUBSCRIPTIONS & PURCHASES (a) Free Trials. You may have access to a free trial period (“Free Trial”). You are only allowed one Free Trial regardless of your subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors including the Product or Service you select and whether you have redeemed a Free Trial previously. Free Trials automatically convert to a paid annual or monthly subscription term after a certain period of time. You can disable the automatic conversion by following the cancellation instructions prior to the date of conversion. (b) Automatically Renewing Subscriptions. Members may access the Products or Services via a subscription fee-based program (“Subscription”). Subscriptions may be available via monthly, annual or life-time options (“Subscription Term”). For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. If you opt for the life-time Founders membership you have access to all Ruhi content for as long as Ruhi is operational. This is authorizes a one-time prepaid fee. In all other cases, if you activate a Subscription, you authorize Ruhi to periodically charge, on a going-forward basis all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Product or Service (“Subscription Billing Date”) for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or Ruhi terminates your Subscription or your account. (c) Subscription Cancellation. You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. (d) No Refunds on Subscriptions. Refunds cannot be claimed for any partial Subscription Term. Ruhi will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”). You will only have access to the Products and Services while your Subscription is active and subsisting. (e) Subscription Methods. You may subscribe by purchasing a subscription to the Products or Services from within the App. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. (f) Gift Subscriptions. Ruhi annual members are eligible for gifting a free 30-day full access trial to friends. The number of friends is unlimited. If the friend subscribes to an annual membership you will receive a 30-day extension on your subscription. (g) Discounts. Ruhi may offer certain special discount pricing options (the “Special Discount Pricing Options”). Such Special Discount Pricing Options will only be available to qualified users (the “Qualified Users”). Ruhi reserves the right to determine if you are a Qualified User in our sole discretion. Additional terms may apply to such Special Discount Pricing Options. 3 (i) Prices in US Dollars include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. 2.4 PAYMENT TERMS You authorize Ruhi or a third-party payment processor to charge all fees for the Products and Services, including all applicable taxes, to the Payment Method. If you pay any fees with a credit card, we (or a third-party payment processor) may seek pre-authorization of your credit card account prior to purchase to verify that the credit card is valid and has the necessary funds or credit to cover your purchase. If we use a third-party payment processor, such as Stripe or Zuora, their use of your personal information is subject to their applicable terms of service and privacy policy. For Stripe, those terms are available at https://stripe.com/legal and https://stripe.com/ privacy. Other providers’ terms may be available on their respective websites or applications. 2.5 BENEFIT SPONSORS Many groups, including but not limited to employers, healthcare providers, health plans, universities, government entities, municipalities or hospitals (“Benefit Sponsor” or “Benefit Sponsors”) purchase and introduce the Product to their employees, eligible dependents and members. In some cases, our Benefit Sponsors may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for access to Products. In such event, the Benefit Sponsor terms and conditions will also apply to your use of the Products and Services. In the event of any conflict with such additional terms and these Terms, the additional terms will prevail. 2.6 CHANGING FEES AND CHARGES We reserve the right to change our subscription fees, plans or adjust pricing for our Product and Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you. 3. CANCELING MEMBERSHIP 3.1 CANCELLATION BY US We may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products or Services or recording of the Services. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for the Services. Your access to the Products or Services may be terminated if the relationship between Ruhi and your employer or provider terminates or expires, or if your relationship with your employer or provider ends. 3.2 CANCELLATION BY YOU (a) You may cancel your Subscription at any time. Cancellation of a monthly Subscription is effective at the end of the applicable monthly period and cancellation of an annual Subscription is effective at the end of the applicable annual period. (b) Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. If you purchase a Subscription through the Google 4 Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a Subscription via Apple or Google, you may be subject to their additional terms. 4. PROHIBITED USE OF THE PRODUCTS AND SERVICES By using the Product or Services you agree not to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Product or Services; (b) use the Products or Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or Services; (d) access the Products or Services in an unauthorized manner, including in violation of any local, national or international law (e) use the Product or Services for any purposes related to scientific research, analysis or evaluation of the Products or Services without the express written consent of Ruhi; (f) rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part; (g) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; (h) sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials. 5. MATTERS OF OWNERSHIP Subject to the limitations set forth in these Terms, Ruhi grants you a limited, non-exclusive, non- transferable, non-sublicensable, revocable license to stream, download and make personal non- commercial use of the Products and Services. The Products, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of Ruhi and its licensors and suppliers. 5.1 COPYRIGHT (a) All materials (including but not limited to software and content whether downloaded or not) contained in the Products and Services (“Materials”), are owned by Ruhi (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. The Materials are valuable property and that other than any specific and limited license for use of such Materials, you will not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent. (b) Materials on or in the Products or Services are the property of Ruhi or third-party licensors. 5 (c) Audio or video content from Ruhi not explicitly indicated as downloadable may not be downloaded or copied from the Products, Services or any Device. (d) The Products and Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Services. (e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products or Services. If you make other use of the Products or Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws, and may be subject to liability for such unauthorized use. Ruhi will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 5.2 TRADEMARKS Ruhi, the Ruhi logo and all other Ruhi product or service marks are trademarks of Ruhi. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products and Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Products and Services is strictly prohibited. Ruhi will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution. 5.3 Your Content on Ruhi Ruhi may enable you to post, upload, store, share, send or display information such as photos, images, video, data, text, meditations, prayers, activities, likes, comments and other information and material (“Your Content”) to and via Ruhi. You own all rights to Your Content that you post to Ruhi whether it was publicly posted, privately transmitted, or submitted through a third-party provider. By making Your Content available in Ruhi you hereby grant Ruhi a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, publicly display, publicly perform, reproduce and translate any of Your Content that you post on or in connection with Ruhi. By using Ruhi you further agree that (1) you understand that you, and not Ruhi, are fully responsible for all of Your Content that you upload, transmit or otherwise make available via Ruhi; (2) that Ruhi may not frequently monitor or examine Your Content you or other users of Ruhi upload to Ruhi and, as such are not responsible for the integrity or quality of Your Content; (3) that Ruhi has the right to refuse or remove any of Your Content that violates any of the terms and conditions of Ruhi; (4) that by using Ruhi you might be exposed to content of other users that is offensive or objectionable to you. By using Ruhi you further agree to not (1) promote or advertise products or services commercially; (2) use or attempt to use another user’s account; (3) upload any of Your Content that contains software viruses or is designed to destroy or interrupt any of Ruhi’s functionality; (4) upload any of Your Content that is of promotional material, spam, offensive or criminal activity. 6. AVAILABILITY OF PRODUCTS AND SERVICES 6 Although we aim to offer you the best service possible, we make no promise that the Products and Services will meet your requirements and we cannot guarantee that the Products and Services will be fault free. If a fault occurs in the Products or Services, please report it to us at [email protected] and we will review your concern and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products and Services while we address the fault. We will not be liable to you if the Products and Services are unavailable for a commercially reasonable period of time. Your access to the Products and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services or Products. We will restore the Products and Services as soon as we reasonably can. In the event that the Products and Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing [email protected]. We may change or discontinue, temporarily or permanently, any feature, component, or content of the Products or Services at any time without notice to you. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by us, without prior notice to you. You agree that Ruhi will not be liable to you for any unavailability, modification, suspension or discontinuance of any feature or component of the Products and Services. 7. THIRD PARTY TERMS AND LINKS 7.1 At times, we may contract with a third party to support the Products or Services we offer to you or to directly provide Services to you. In such instances, your use of the third party’s products or services will be subject to their applicable terms of service and privacy policy, which will be presented to you upon engagement with their product or service. To the extent that there is a conflict between these Terms and the terms of use for any of our third-party contracted entities, the third-party terms will apply. We reserve the right to change third-party providers in our sole discretion. 7.2 The Products and Services may integrate, be integrated into, or be provided in connection with third-party products, services and content. As part of such integration we may transfer your information to the applicable third party service. These third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third party service’s use of your exported information. 7.3 We may provide links to other websites or services for you to access. Any access is at your sole discretion and for your information only. We do not review or endorse any of those third-party websites or services. We are not responsible in any way for: (a) the availability of; (b) the privacy practices of; (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 7.4 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products and Services must not be framed on any other website, nor may you create a link to any part of the Products and Services unless you have written consent to do so from Ruhi. We reserve the right to withdraw linking permission with written notice. If you wish to make any use of material on or in the Products or Services other than that set out above, please address your request to [email protected]. 8. ASSUMPTION OF RISK 7 By granting you the right to use the Products or Services, Ruhi does not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will Ruhi be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or Services or any activity you undertake in connection therewith. 8.1 Meditation Assumption of Risk While there is research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Ruhi makes no guarantees that the Products and Services provide a physical or therapeutic benefit. There have been rare reports where people with certain psychiatric conditions like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. 9. WARRANTIES AND DISCLAIMERS 9.1 THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RUHI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES. RUHI DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES OR ANY PORTION OF THE PRODUCTS AND SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS AND SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND RUHI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. RUHI DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RUHI IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. 9.2 Ruhi’s meditation, spirituality, self-reflection and sleep content should not be considered health care. The advice and other materials we make available are intended to support well-being, but not replace medical care. 10. COPYRIGHT 10.1 We are committed to complying with copyright and related laws, and we require all users of the Products and Services to do the same. This means you may not store any material or content on, or disseminate any material or content over, the Products or Services in any manner that infringes of third-party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. You acknowledge that Electronic Communications may not be a completely secure means of communication, and there may be the potential for such communications to be accessed in 8 storage or during transmission. We will limit the amount and type of confidential information disclosed in un-encrypted Electronic Communications in compliance with our privacy policy. Applicable laws may require that some of the information or communications we send to you should be in writing. You agree to transact with us electronically, and that communication with us will be mainly electronic. You acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at [email protected]. 11. SMS AND OTHER TEXT MESSAGING By opting into Ruhi’s SMS, What’s app or other text messaging marketing communications (“Text Program”), you expressly consent to receive information about Ruhi’s products and services, which may also include information about partnerships with third parties. By participating in the Text Program, you acknowledge that you agree to receive this information and agree to all such terms as they may apply. By participating in the Text Program, you also agree to receive recurring promotional messages. The frequency of such messages may vary depending on various factors such as seasonality and your interaction with us. After opting-in, in addition to the Text Program, you may receive one or more welcome messages or administrative messages. Please be aware that message and data rates may apply, depending on your mobile carrier and plan. You are solely responsible for any such charges by your telecommunications service provider or any other service provider related to SMS or other text messaging fees, data charges, or other fees. You can opt out of the Text Program at any time by following the relevant procedures. For assistance or more information, please contact our customer service team at [email protected]. By opting into the Text Program, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you should not opt into the Text Program. We respect your privacy and will use your personal information in accordance with our Privacy Policy. We may update these Text Program terms and conditions without prior notice. By continuing to be enrolled in the Text Program, or by providing your mobile phone number for transactional, operational, or informational text messages, you agree to any such changes. 12. DISPUTE RESOLUTION & BINDING ARBITRATION PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH RUHI, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RUHI, INCLUDING A WAIVER ON THE RIGHT TO LITIGATE CLAIMS IN A COURT. 9 (a) Except where prohibited by law, you and Ruhi waive any rights to go to court and have a trial in front of a judge or a jury. Rather, you and Ruhi elect to have claims and disputes resolved by arbitration. (b) We want to address your concerns without needing a formal legal case. Before filing a claim against Ruhi, you agree to try to resolve the dispute informally by contacting us via email to [email protected]. We’ll try to resolve the dispute informally by contacting you through email. (c) All disputes arising out of, relating to, or in connection with these Terms or your use of the Products and Services, which shall also include claims related to privacy or data security, will be resolved through binding arbitration on an individual basis, except that you and Ruhi retain the right: seek injunctive or other equitable relief in a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. All submissions to the arbitrator, the proceedings, and the award shall be confidential, except as may lawfully be required in judicial proceedings relating to the arbitration or as otherwise required by law. (d) The Arbitration Rules of the Dubai International Arbitration Centre (the “Rules”) are deemed to be incorporated by reference into this clause. (e) The arbitration will be conducted by a single arbitrator appointed in accordance with the Rules. (f) The seat of arbitration shall be Dubai, UAE. (g) The governing law of the contract shall be the substantive law of the U.A.E., as applied in the Emirates of Dubai. (h) If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted in Dubai. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose, then the payment of all fees will be borne by you. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. (i) The chosen language for arbitration is English. (j) The award of the arbitrator is final and binding upon you and Ruhi. (k) Enforceability. If any portion of this section or these Terms is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision will be severed from these Terms and severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section or these Terms. (l) This arbitration agreement will survive the termination of your relationship with Ruhi. 13. GENERAL 13.1 ASSIGNMENT BY US 10 Ruhi may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here. 13.2 INDEMNITY To the fullest extent permitted by law, you are responsible for your use of the Products and Services, and you will defend and indemnify Ruhi from and against any claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Products or Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any Applicable Law; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. The foregoing indemnification obligation is subject to a Ruhi promptly informing you in writing of any such claim, demand, action, or suit; provided that any failure to so inform you will not prejudice your obligation of indemnity, except to the extent materially prejudiced thereby. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. 13.3 LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RUHI BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCTS AND SERVICES OR ANY MATERIALS OR CONTENT ON THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RUHI HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN THE ARBITRATION CLAUSE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF RUHI TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCTS AND SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF: (A) THE AMOUNT YOU HAVE PAID TO RUHI FOR ACCESS TO AND USE OF THE PRODUCTS AND SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; AND (B) US$5,000. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR AN ASSUMPTION OF RISK, LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 13.4 NO WAIVER If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. 11 13.5 FORCE MAJEURE We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products and Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control. 13.6 NOTICES Unless otherwise specifically indicated, all notices given by you to us must be given to Ruhi at [email protected]. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in these Terms. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified e-mail address of the addressee. 13.7 ENTIRE AGREEMENT These Terms and any additional terms or policies expressly referred to in these Terms constitute the whole agreement between us and supersede all previous oral or written discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the Products and Services. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the additional terms or policies expressly referred to in these Terms. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract, subject to the limitations of liability set out in these Terms. Nothing in this Section limits or excludes any liability for fraud. 13.8 THIRD PARTY RIGHTS A person who is not party to these Terms will not have any rights under or in connection with these Terms, except as explicitly set out in these Terms in Section 12. 13.9 EXCLUSIVE VENUE To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Ruhi agree that all claims and disputes arising out of or relating to the Terms or the use of the Products and Services will be litigated exclusively in the United Arab Emirates. You and Ruhi consent to the personal jurisdiction of the court. 13.10 CHOICE OF LAW The laws of the United Arab Emirates as applied in the Emirate of Dubai shall govern these Terms (including the arbitration agreement in these Terms) and any disputes arising out of or relating to these Terms or their subject matter, including tort claims. For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods will not apply. 13.11 SEVERABILITY If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. 12