We at Nidhi-Dutt Content Private Limited with a registered office at 102, Sunbeam, near Infant Jesus School, Ahimsa Marg, Malad (West) Mumbai – India (“our”, “us”, “we” or “Company”) have developed the Cleared for Use (“Cleared for Use” or “CFU”) mobile application and website located at: clearedforuse.com (collectively referred to as “Cleared for Use App”) to allow individuals and organizations (including their affiliates and assignees) availing our services (“Customer”) to access an online platform to digitise and automate all of their field paperwork and consent collection tasks, through their own chosen pre-set template forms (“Form(s)”) for different projects (“Projects”) (collectively referred to as “Services”).
The Cleared for Use App consists of:
- An Admin Portal: This is a web-based administrative portal. The Customer can designate any number of individuals as administrators (“Administrators”) and grant them access to the Admin Portal. Through the Admin Portal, these Administrators will manage consent collection processes, including engaging third-party contractors (“Field Team Member(s)”), for the purposes of collection of consent.
- A Mobile Application (App): This is a mobile application titled “Cleared for Use” (“CFU”), will be used by designated Field Team Member(s) for the completion of assigned field paperwork and the collection of consent.
- A Webview (“Signature View”): This is an online form viewing platform through which individuals, whose consent has been collected (“Data Subject”) via the “Cleared for Use” mobile app, may view their executed consent forms.
We reserve the right to revise these Terms, as well as update the Cleared for Use App, from time to time, so please visit this page regularly. If you do not agree with any amendment(s) made by us to these Terms at any time in future, you must stop using the Cleared for Use App with immediate effect.
Our role is limited to providing a technological platform which facilitates the templatisation of documents and collection of consent on the direction(s) of the Customers. We are mere conduits or passive transmitters of information who have no role in initiating the process of consent collection, selection of the Data Subject(s) whose consent is sought, execution of the templatised consent Form(s) or selection of the recipients of any information collated on the Cleared for Use App. As such, we have no responsibility and/or liability in respect of any such information made available through or via the Cleared for Use App.
Eligibility and Use
1.1. Access and use on behalf of a legal entity: If you are accessing and using the Cleared for Use App on behalf of your employer or any other entity, you represent and warrant that you have full legal authority to bind your employer, or the applicable entity, to these Terms;
1.2. Access as an individual: If you are an individual, you represent and warrant that you are at least 18-years-old and otherwise legally competent in all respects to be bound by these Terms.
The Cleared for Use App Accounts
- Administrator Account: The Customer can designate any number of individuals as Administrators and grant them access to the Cleared for Use Admin Portal through Administrator Account(s). To generate access credentials for each Administrator Account, the Customer must provide us the full name, email address, and mobile number of the concerned Administrator. Each Administrator will also be required to create a password to access their Administrator Account.
- Field Team Member Account: Each Administrator may engage any number of Field Team Member(s) for any Project. To initiate the process of on-boarding a Field Member, an Administrator must provide us the name, email address, and mobile number of the concerned Field Team Member. Before on-boarding any Field Team Member, the concerned Administrator must ensure that they have taken the consent of the concerned Field Team Member to share their details with us. After the details of any Field Team Member have been uploaded by an Administrator, an invite to access the Cleared for Use Mobile App will be sent to the concerned Field Team Member via email. After accepting the email invite, the Field Team Member can create an account and access the Cleared for Use Mobile App, through their email address and a password set by them.
- 2.1. Duty of Responsibility: Administrators and Field Team Members (collectively referred to as “Account Holders”) will be responsible for maintaining the confidentiality of their respective accounts and passwords, and restricting access to the computer and mobile devices that are used to access the accounts. Account Holders hereby accept that they are responsible for all the activities that occur under their respective accounts and acknowledge that the information provided by them is true, correct, not misleading and has been lawfully obtained.
- 2.2. Security Breach: If any Account Holder has reasons to believe that the security of his/her/its account on the Cleared for Use App has been breached, he/she/they should contact our Grievance Officer immediately, as per the contact information provided below in Section 18 (Grievance Officer). If we find a security breach, or suspected security breach of any account on the Cleared for Use App, we may require the concerned Account Holder(s) to change their passwords or to re-verify their accounts with one-time passwords (OTPs) on their registered mobile phone numbers. Additionally, we may temporarily or permanently block the account(s) without incurring any liability.
- 2.3. Termination or Refusal of Services: We reserve the right to terminate any account and/or refuse the provision of our Services without prior notice, if we decide in our sole discretion, that the User is in breach of these Terms, any other contractual obligation with us, and/or applicable law.
- 2.4. Ensure Compatibility and Keep Updates: All Account Holders are responsible for updating the Cleared for Use App and ensuring the availability of the most up-to-date version of the app on their computers and/or mobile devices, as and when we release new versions. Failure to do so may hinder your ability to successfully deploy and use the Cleared for Use App.
We grant Customers (including any Account Holders on-boarded through Customers), Data Subjects and other users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, and make personal use of the Cleared for Use App. You may not download, copy, install, or use the Cleared for Use App or any content or information, apart from executed Consent Form(s), made available on the Cleared for Use App for any purpose without our prior written consent. All rights not expressly granted to you in these Terms, are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Cleared for Use App and prevent your future access to the Cleared for Use App and any and all content and materials stored on it.
Scope of Services
4.1. On the Cleared for Use App, Customers can efficiently allocate Administrators to centralise, manage and secure collection of consent by the following means:
(a) Creation of Projects: Administrators can create a dedicated space for each Project. In this space the Administrator can add the Field Team Member(s) who will use pre-determined and Administrator-approved and directed templatised Forms for the Projects, through which the consent of the Data Subject(s) must be obtained. All executed Forms, as related to the concerned Project, will also be available for viewing in this space.
(b) Creation of Forms: To obtain consent of Data Subject(s), the Administrator will be able to upload Form(s) to the Cleared for Use platform for each Project. Accessed via the Cleared for Use app, these Form(s) must comply with the app’s technical specifications, as may be set by us from time-to-time. For verifying the identity of each and every Data Subject whose consent is to be collected via the Cleared for Use App, the assigned Field Team Member must collect each Data Subject’s full name, age, mobile phone number, and email address (where and if possible) (“Primary Information”). Any data collected from the Data Subjects must be handled, stored and collected in accordance with our data protection policy. Administrators may write to us at email@example.com if they wish to access our data protection policy.”
The Customer agrees and accepts that:
(a) It shall only use the Cleared for Use App for its intended purpose, as set out in these Terms;
(b) It is a data controller or data fiduciary (or any other applicable term used to describe the entity that determines the purpose and means of processing personal information under any applicable law) and is therefore responsible for any information about Data Subjects that it collects, stores and accesses via the Cleared for Use App and all related Services. We are the data processor and allow the Customer (via the Customer’s designated Administrators and Field Team Members) to perform various actions as the data controller or data fiduciary using the Services;
(c) It is responsible for granting and removing access to any Administrators and Field Team Members on-boarded by the said Administrators. The Customer shall be held accountable and bear all liability for all acts and omissions, in relation to the Cleared for Use App or Services, of the Administrator and all persons on-boarded on the Cleared for Use App by such Administrator;
(d) All communications sent to Field Team Members via the Cleared for Use App is on behalf of the Customer, and will be in the Customer’s name;
(e) It is responsible for ensuring that all Administrators and Field Team Members follow these Terms and any and all applicable law while using the Cleared for Use App and Services ;
(f) It shall ensure that all personal information accessed via the Cleared for Use App and Services is kept and used in accordance with applicable privacy laws and regulations, and shall be responsible for complying with directions from statutory authorities and/or respecting privacy rights of individuals at all times;
(g) It is solely responsible for the use and storage of the Forms, signatures, consent and any other information uploaded or entered into the Cleared for Use App by an Administrator and/or Field Team Member.
(h) It may not edit, tamper, modify or in any manner cause any damage or change to any Form executed via the Cleared for Use App.
Field Team Member’s Obligations
The Field Team Member agrees and accepts that:
(a) He/she/they shall collect consent from only those Data Subjects who are above 18 years of age and legally competent to contract;
(b) Where he/she/they are required to collect the consent of an individual who is under the age of 18, or due to mental or physical incapacity unable to consent personally, the Field Team Member shall seek consent for such individuals through his/her/it’s parent or legal guardian who is (are) authorized and capable of providing the required consent on such individual’s behalf;
(c) He/she/they shall explain in detail the contents and purpose of each Form for which the consent of a Data Subject is sought in clear and plain language, ensuring that the Data Subject understands the requirement and what he/she/they is consenting to;
(d) He/she/they shall ensure that any Data Subject recording his/her/their consent through the Cleared for Use App is doing so of their own volition and such consent is not caused by coercion, fraud, mistake or misrepresentation;
(e) He/she/they shall not copy, replicate or store any data collected via or Forms used on the Cleared for Use App for any use, apart from the uses outlined and permitted by these Terms, for any reason whatsoever;
(f) He/she/they shall ensure that any and all information, signatures and consent collected via the Cleared for Use App, all relevant Forms, the Cleared for Use App itself, plus the computing or mobile device(s) on which it is stored is secure at all times;
(g) He/she/they shall be responsible for any loss of data or Forms collected via and through the Cleared for Use App which can be attributable to negligence and/or lack of adequate security measures on his/her/their computing or mobile device(s);
Data Subjects agree and accept that:
7.1. He/she/they shall ensure any information he/she/they provide via and through the Cleared for Use App, including Primary Information, is complete, true, accurate, and not misleading.
7.2. He/she/they will be able to view and download their executed Form(s) through Cleared for Use Webview for a limited period. Access to the Cleared for Use Webview will be provided via a one-time password (OTP) verification of the mobile phone number provided by the Data Subject as Primary Information.
7.3. In the event that he/she/they has not been able to download/view his/her/their executed consent Form(s) in the limited window that it is available on the Cleared for Use Webview or is unable to access Cleared for Use Webview due to a change in his/her/their Primary Information, or any other reasonable cause, the Data Subject may contact our Grievance Officer to seek a copy of the relevant executed Form(s). The Grievance Officer may seek such further information from the Data Subject as he/she/they deem necessary and required for verifying the Data Subject’s identity, and may thereafter provide a copy of the executed consent Form(s) to the Data Subject through such means, mediums and platforms as he/she/they deems appropriate.
7.4. He/she/they may not edit, tamper, modify, or in any manner cause any damage or change to, any Form(s) he/she/they execute via and through the Cleared for Use App.
7.5. He/she/they may note that any and all information collected and processes completed by Field Team Members via and through the Cleared for Use App, are done so on the instruction(s) of the Customer. As such, the Company will not bear any responsibility for the aforementioned. Data Subjects can utilise the “Get in touch with us” option available on the Cleared for Use Webview, or contact our Grievance Offer, in order to raise requests, queries, and clarification regarding Forms, signatures, consent and information collected by the Customer via and through the Cleared for Use app.
7.6. The Company will provide the contact details of the Customer upon whose instructions the Data Subject’s information or consent has been collected and to the best of its abilities, facilitate the amicable resolution of all grievances that the Data Subject(s) may have against the Customer. The Company shall not be held liable for any inadequacy of responses by the Customer to Data Subject’s requests, including requests in exercise of rights granted under applicable privacy laws.
Payment and Billing
The Company shall provide an adequate notice of all charges, subscription services, etc., to the Customer as and when they are sought to be implemented. The Customer may choose to discontinue using the Cleared for Use App and Services if it does not wish to pay the necessary and implemented fees or charges. If the Customer wishes to continue using any future paid version of the Customer App and Services, the Customer must agree to pay all fees that may be chargeable in the future for use of the Cleared for Use App, as and when they become due. The Company may revoke or suspend the Customer’s account, or access to or usage of the Cleared for Use App in the event of unpaid fees for utilisation of the Cleared for Use App and Services.
9.1. Users may come in contact with, or obtain direct access to, certain confidential information of the Company and its affiliates, including, without limitation, technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential (“Confidential Information”). Users must hold Confidential Information in strict confidence and not disclose it to any third party. The title to Confidential Information remains with the Company and its rightful and lawful affiliates.
10.1. Our Intellectual Property: All rights, interest and title in the layout, trademarks, copyrights, content, information, images, illustrations, graphics, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, enhancements, underlying source codes, analytics and algorithms, feature requests, mask works, moral rights, trade secrets, database rights, patent, rights of publicity, service marks, logos, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”) with respect to the Cleared for Use App (with exception of the Customer’s Content), rests with us unconditionally and constitutes our exclusive Intellectual Property, both domestically and internationally.
10.2. Customer’s Content: All Forms that have been drafted and uploaded by the Customer, executed Forms, and all information contained in the executed Form(s) shall be the property of the respective Customer (“Customer’s Content”). It is clarified that the copyrights of the contents of all Form templates drafted by the Company via and through the Cleared for Use App and Services is the exclusive Intellectual Property of the Company. The Customer hereby grants us a limited license to use Customer’s Content, solely in accordance with these Terms. Customer warrants that Customer’s Content does not infringe upon any copyright, patent, trade secret, or other property right of any third-party.
10.3. Prohibited Use of Intellectual Property: We give users a limited, non-exclusive, non-transferrable, non-sublicensable and revocable license to access and use the Cleared for Use App and Services, as provided in these Terms. Users agree and accept that the Cleared for Use App is the Intellectual Property of the Company and he/she/they further warrant that he/she/they will not copy the Cleared for Use App and Services, and nor directly or indirectly copy, recreate, decompile, duplicate, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Cleared for Use App or Services or any documentation associated with them. He/she/they warrant that they will not infringe upon any third-party rights through his/her/their use of the Cleared for Use App and Services.
Third-Party Services and Liability
The Customers and Field Team Members acknowledge that the Cleared for Use App and Services are dependent on third-party services, including but not limited to, telecommunications services. Links to third-party services may be found on the Cleared for Use App. While we have appropriate agreements in place with these third parties, we will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by, or in connection with, the use of or reliance on any third-party services. Any Customer or Field Team Member who decides to enable, access or use third-party services, is advised that such access and use of third-party services are governed solely by the terms and conditions of such third-party services. Customers and Field Team Members irrevocably waive any claim(s) against us with respect to such third-party services.
Limitation of Liability
12.1. The Company shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind in connection with the usage of anything which is available on the Cleared for Use App.
12.2. In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such aggregate monetary liability shall be limited to a maximum of INR 1,000. The limitations, exclusions and disclaimers in these Terms apply to the maximum extent permitted by applicable law and are not intended to deprive you of any mandatory protections provided to you under applicable law.
13.1. We have incorporated, to the best of our abilities, the necessary measures in our consent collection and storage processes, to verify (i) the identity of Data Subjects, (ii) that their consent is lawfully taken and, (iii) that the records of their consent are securely stored. However, we do not warrant and/or guarantee that these records may be admitted as evidence before any courts of law.
13.2. Under no circumstances will we, our employees or agents, be liable in law of contract, tort or otherwise for any direct, indirect, special or consequential loss, injury or damage, including loss of revenue, loss of reputation or goodwill, loss of profit, computer or any other technological device failure, corrupted data, or interruption of business, arising directly or indirectly from the use of the Cleared for Use App, Services, or reliance on any information provided.
13.3. Usage of Cleared for Use App and Services may, from time to time, require an active internet connection, which can be either Wi-Fi or another legitimate connection provided by a mobile network provider. We will not be responsible for any loss in functionality resulting from an inactive internet connection or for any charges that may be incurred for usage of mobile data or the like. Further, users need to ensure that their computer or mobile device are adequately charged and functional at the time of use of the Cleared for Use App and/or Services as we will not be responsible for the loss of battery, storage space, etc., and subsequent failure to successfully access, and use, the Cleared for Use App and/or Services.
13.4. Users agree to use the Cleared for Use App and Services at their own risk. The Cleared for Use App and the Services, including template Forms drafted by us and other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. We do not warrant the quality of the Cleared for Use App or Services, including its uninterrupted, timely, secure, or error-free provision, or continued compatibility for your use; or that the Cleared for Use App or Services will be accurate, error free, reliable, free of trojans, viruses, malware, or other harmful components.
13.5. Users can escalate any grievance or complaint pertaining to content or information provided through Cleared for Use App and Services with our Grievance Officer, whose contact details are provided in Clause 18 (Grievance Officer) below. We will consider all grievances, complaints, and communications sent by users in good faith.
13.6. By using the Cleared for Use App and Services, Users understand and agree that the Company shall not be held responsible for any Forms or any third-party content uploaded, used, translated or executed by the User. The Company shall not be liable for the Users’ use of the Cleared for Use App and Services in any way, except as explicitly provided in these Terms.
14.1. Customer agrees to defend, indemnify and hold harmless us, as well as our affiliates and our respective directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) use and access to the Cleared for Use App and Services by the Customer and/or any of the Customer’s Administrator(s) or Field Team Members; (ii) violation of these Terms by the Customer and/or any of the Customer’s Administrator(s) or Field Team Members; (iii) violation of Data Subject’s rights under applicable privacy laws; (iv) violation of any third-party right by the Customer and/or any of the Customer’s Administrator(s) or Field Team Members; (v) any breach of applicable laws by the Customer and/or any of the Customer’s Administrator(s) or Field Team Members; and (vi) any unauthorized, improper, illegal or wrongful use of an Administrator(s) Account or Field Team Member’s Account by any person, including by a third-party, whether or not authorized or permitted by the Customer.
Restrictions on Use
15.1. Users shall not: (a) Use the Cleared for Use App, Services, or any content or information thereof for any purpose(s) or in any manner that is illegal or prohibited by these Terms, or under any applicable laws;
(b) Use the Cleared for Use App or any of the Services for any harmful or nefarious purpose(s);
(c) Use the Cleared for Use App or any of the Services in order to cause any kind of damage to us in any form or manner whatsoever;
(d) Spam or defraud any users of the Cleared for Use App or any of the Services or any of their potential users thereof;
(e) Impersonate any person or entity on the Cleared for Use App or any of the Services;
(f) Be disrespectful or unkind while interacting or communicating with any of our representatives, including without limitation, our Grievance Officer;
(g) Use the Cleared for Use App or any of the Services or any content or information thereof in any manner which violates or infringes upon anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights;
(h) Use the Cleared for Use App or any of the Services or the content or information thereof in any manner which may amount to hate speech, and/or threatening, sexually explicit or pornographic materials; incites violence; or contains nudity or graphic or gratuitous violence;
(i) Use the Cleared for Use App or any of the Services or the content or information thereof in any manner which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(j) Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
(k) Use another user’s account, or share an account with another user;
(l) Create another Cleared for Use account without our permission, if we have already terminated an account you hold;
(m) Use the Cleared for Use App or any of the Services or the content or information thereof at any time in perpetuity for any commercial purposes, except as provided for under these Terms, without our written consent;
(n) Copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided via and through the Cleared for Use App, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Cleared for Use App, any Services and/or content or information thereof in any manner that is not permitted under these Terms;
(o) Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
(p) Express or imply that any statements you make are endorsed by us;
(q) Access any Service or content in order to build a competitive product or Service or to benchmark with a third-party product or service.
If a User does, or attempts any such acts, we reserve the right to immediately terminate such User’s access to, and use of, the Cleared for Use App and Services. We may also further report such actions to the appropriate law enforcement authorities and commence legal proceedings against such Customer, Administrator(s), or Field Member Team Member(s).
16.1. Indefinite term until termination:
16.1.1. These Terms will be binding on the Customers and all Administrators and Field Team Members on-boarded on the Cleared for Use App and any other Services by or through the Customer, for as long as the Customer continues to avail of the Cleared for Use app or any Services.
16.1.2. These Terms will be effective for any user, for as long as such user continues to access and use the Cleared for Use App and any Services.
16.1.3. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Cleared for Use App and/or Services; and/or (ii) terminate these Terms and suspend or block the any user’s access or use of the Cleared for Use App and/or Services.
16.2. Post-termination obligations: Upon termination of these Terms, Customers and all Administrators and Field Team Members on-boarded on the Cleared for Use App and/or Services by or through the Customer, shall stop using and destroy or remove all copies of the Cleared for Use App and Services, from all websites, applications, computers, hard drives, networks, and other storage media, and certify us that such actions have occurred. We reserve the right to inspect or audit the Customer to confirm the completion of these processes.
Upon any expiration or termination of these Terms, all rights, obligations and licenses of the parties shall cease, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) shall survive, and (b) the provisions of Section 9 (Confidentiality), Section 10 (Intellectual Property), Section 12 (Limitations of Liability), Section 13 (Disclaimers), Section 14 (Indemnification), Section 21 (General Provisions), and this Section 17 (Survival), and those which by their nature should survive.
In order to address any questions or grievances Users may have regarding the use of the Cleared for Use App or any Services, please contact our grievance officer (“Grievance Officer”) in the following manner:
Full Name: Grievance Officer
19. Force Majeure Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage, loss, loss of services of the Cleared for Use App, or deficiency in any Services resulting directly or indirectly from, but not limited to, acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, pandemics, epidemics, government imposed lockdown orders, floods, storms, electrical failure, civil disturbances, or riots.
The User consents to receiving communications from us electronically. We will communicate by email, through the push notifications on the User’s respective computer or mobile device, or by posting notices directly on the Cleared for Use App. The users agree that all agreements, notices, disclosures and other communications that we provide electronically, satisfy any legal requirement that such communications be in writing. They agree that in case there are any changes to any information provided by them to us, including email address and other contact details, they will be solely responsible for updating them regularly. If we send any communication by email, it shall be sent to the email address available on our records and it shall be deemed to have been received by them once it is reflected as sent in the outbox of our email system(s).
21.1. Disputes: These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms, Cleared for Use App, or any Services (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Delhi. Any and all Disputes shall be referred to, and finally resolved, by a mutually appointed sole arbitrator in accordance with the provisions for fast track arbitration provided under the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The seat and venue of the arbitration shall be Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.
21.2. Assignment: Users shall not assign or transfer any right or obligation that has been accrued to them under these Terms, and any attempt to assign or transfer such rights and obligations shall be null and void. We may assign or transfer any right or obligations which accrues in our favour, at our sole discretion, without any restriction.
21.3. Waiver: Unless otherwise stated expressly, any delay or failure in our exercising of any rights/remedies arising out of these Terms and/or other policies available on the Cleared for Use App, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.
21.4. Severability: If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.