Our Terms and Conditions
Your use of our site, our app and services is subject to these terms and conditions together with any additional terms and policies referred to in them (‘Our Terms”). You are eligible to use the services if you are under the age of 18.
Please read these terms and conditions carefully before accessing or using Happy60plus 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 the Happy60plus Pvt Ltd. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you.
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.
Happy60plus may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Happy60plus reasonably suspects that:
You have, or are likely to, breach these Terms; and/or
You do not, or are likely not to, qualify, under applicable law or the standards and policies of Happy60plus and its affiliates, to access and use the Services.
Happy60plus 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:
immediately, where Happy60plus reasonably suspects that:
you have, or are likely to, materially breach these Terms; and/or
you do not, or are likely not to, qualify, under applicable law or the standards and policies of Happy60plus and its affiliates, to access and use the Services; or
on 30 days’ written notice to you, where Happy60plus, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Happy60plus may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time.
You may terminate these Terms at any time for any reason.
Happy60plus may amend any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time. Happy60plus will provide you 30 days written notice in the event of a material change to any policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon Happy60plus’ posting of such amended policies or supplemental terms on applicable Service. Your continued access or use of the Services after such posting, or after expiry of the notice period (whichever is later), constitutes your consent to be bound by terms.
Happy60plus Pvt Ltd may disclose users’ personal information to third parties. Happy60plus 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 and such information or data is necessary to resolve the complaint, dispute or conflict. Happy60plus may also provide to a law enforcement agency, statutory body, governmental agency and /or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry /investigation that is being carried out by the said body/ and /or agency as the case may be.
Happy60plus will provide the Services to you under this Agreement. The Services include the provision of a technology platform that enables you, as a user of Happy60plus’s mobile application (each, an “Application”) or WhatsApp Business Application or Website to: (a)arrange and schedule a Help Buddy or Helper on demand service for elderly with independent service providers of those services, who have an agreement with Happy60plus or its affiliates (“Third Party Providers”); and (b)facilitate payments to Third party Providers for the services and receipts for those payments.
The Services are made available solely for your personal, non- commercial use, unless Happy60plus has agreed with you otherwise in a separate agreement.
Happy60plus accepts liability for the Help Buddy Services it provides and the Happy60plus Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you covering only upto the amount payable for the service booked by you for that particular duration.
Subject to your compliance with these terms, Happy60plus grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i)access and use the Happy60plus Platform 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 Happy60plus and Happy60plus’ licensors.
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 as expressly permitted by Happy60plus; (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 impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that the portions of the Services may be made available under Happy60plus’ various brands or request options. You also acknowledge that the Services may be available under such brands or request options by or in connection with;(i) certain of Happy60plus’ subsidiaries and affiliates; or (ii) independent Third-Party Providers.
Third Party Services and Content
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 the service.
The Services and all the rights therein are and shall remain Happy60plus’ property or the property of Happy60plus’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 Happy60plus’ company names, logos, product and service names, trademarks or services marks or those of Happy60plus’ licensors.
YOUR USE OF SERVICES
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, unless a specific Service permits otherwise. Account registration requires you to submit to Happy60plus Pvt Ltd certain personal information, such as your name, address, mobile phone number and age. 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 or use the Services. You are responsible for all the 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 Happy60plus Pvt Ltd in writing, you may only possess one Account.
User Requirement 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 services from the 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 accessing or using the Services, and you may only access or use the Services for lawful purposes. 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 or other method of identity verification 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 or other method of identity verification.
Happy60plus prohibits discrimination against Third Party Providers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other identity that may be protected under the applicable law. Such discrimination includes, but is not limited to, any refusal to accept services based on these characteristics. If it is found that you have violated this prohibition you will lose access to happy60plus Platform. Applicable laws in certain jurisdictions require and /or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.
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. You may opt- out of receiving text (SMS) messages from Happy60plus at any time by informing Happy60plus about your decision to stop receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Happy60plus may, in Happy60plus’ sole discretion, create promotional codes that may be redeemed for Account credit, or other features or befits related to the Services and / or a Third Party Provider’s services, subject to any additional terms that Happy60plus establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for 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 form or otherwise), unless expressly permitted by Happy60plus Pvt Ltd; (iv) may only be used pursuant to the specific terms that Happy60plus establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Happy60plus 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 Happy60plus reasonably 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
Happy60plus may, in Happy60plus’sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Happy60plus 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 Happy60plus, you grant Happy60plus a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sub license, to use , to 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 Happy60plus’ 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 the rights , licenses, contents and releases necessary to grant Happy60plus 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 Happy60plus’ 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; and (iii) you are not providing feedback for services performed by you in your capacity as a service provider on the platform.
You agree not to provide User Content that is defamatory, grossly harmful, blasphemous, pedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering of gambling, libelous,, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Urban Company in its sole discretion , whether or not such material may be protected by law. Happy60plus may, but shall not be obligated to review, monitor, or remove User Content, at Happy60plus’ sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if your access or use of 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 or use the Services and Happy60plus Platform and any updates thereto. Happy60plus 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 communication.
You understand that the use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). After you have received services obtained through your use of the Service, Happy60plus will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment mode directly by you to the Third Party Provider.
Happy60plus shall charge you a convenience fee(“Fee”) for the Services provided by Happy60plus to you. The Fee may be charged from you at the time of booking of services on the platform or upon the completion of service.
Such Charges and Fee will be inclusive of applicable taxes where required by law. Charges and Fee paid by you are final and non-refundable, unless otherwise determined by Happy60plus or required by the relevant Consumer Law Legislation. Under the relevant Consumer Law Legislation , you may be entitled to a refund for the major failure of the Services, or other remedies for a minor failure. You retain the right to request lower Charges or Fee from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Happy60plus will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.
All Charges and Fee are due immediately and payment will be facilitated by Happy60plus using the preferred payment method designated in your Account, after which Happy60plus 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 Happy60plus may, as the Third Party’s limited payment collection agent, use a secondary payment method in your account, if available.
As between you and happy60plus , Happy60plus reserves the right to establish, remove and /or revise Charges for any or all of the Services at any time in Happy60plus’ sole discretion. Further, you acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Happy60plus will use reasonable efforts to inform you of the Charges and Fees that may apply, provided that you will be responsible for Charges and Fees incurred under your Account regardless of your awareness of such Charges, Fees or amounts thereof.Happy60plus 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 obtained through the use of 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 from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. Additionally, the applicable taxes (whether direct or indirect) that are liable to be charged /deducted on cancellation fee will be charged to you by Happy60plus.
Further, Happy60plus may from time to time offer subscription packages to you , wherein in exchange for monetary consideration , additional benefits such as discounted services from Third Party Providers will be made available to you. The said benefits will only be available for a limited period as may be agreed with you in advance.
This payment structure is intended to fully compensate the Third Party Provider for Services provided.Happy60plus does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Happy60plus (on Happy60plus website, in the application or in Happy60plus Marketing material) to the effect that tipping is “voluntary”, “not required”, and /or “included” in the payments you make for the services provided is intended to suggest that Happy60plus provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as gratuity to any Third Party Provider who provides you with the services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
It is clarified that the Charges and Fees(respectively) shall be made only for the services provided by the Third Party Provider to you and for the Services provided by Happy60plus to you.
DISCLAIMERS: LIMITATION OF LIABILTY; INDEMNITY
LIMITATION SUBJECT TO LOCAL CONSUMER LAW
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR LIMIT YOUR RIGHTS AS A CONSUMERTHAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
EXCEPT AS REQUIRED OF HAPPY60PLUS PVT LTD UNDER CONSUMER GUARANTEES , THE SERVICES ARE PROVIDED “AS IS” AND “ AND “AS AVAILABLE”. HAPPY60PLUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSELY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ,MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS,QUALITY,SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES,OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. HAPPY60PLUS DOES NOT GURANTEE 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 INN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUMM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
LIMITATION OF LIABILITY
IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, HAPPY60PLUS’ LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO : IN THE CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.
HAPPY60PLUS’ LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERMM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER GUARRANTY IS LIMITED IN THE FOLLOWING WAY: HAPPY60PLUS 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 HAPPY60PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HAPPY60PLUS 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 HAPPY60PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HAPPY60PLUS SHALL NOT BE LIABLE FOR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HAPPY60PLUS’ REASONABLE CONTROL. IN NO EVENT SHALL HAPPY60PLUS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES TEN THOUSAND(INR10,000)
HAPPY60PLUS’ SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE HELPER ON DEMAND, HELP BUDDY SERVICES WITH THE THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HAPPY60PLUS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME- BASED SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSELY SET FORTH IN THESE TERMS.
HAPPY60PLUS WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGEMENT FRAMEWORK, AND WILL MANAGE THIS PARTY PROVIDERS, IN A REASONABLE WAY AND IN ACCORDANCE WITH NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, HAPPY60PLUS WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF HAPPY60PLUS. SUCH ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR , EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL DISASTERS ETC.
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, INCLUDING ANY OF THE NO- EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
You agree to indemnify and hold Happy60plus and its affiliates and their 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 goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii)Happy60plus’ use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Happy60plus directly caused or contributed to any such Losses.
GOVERNING LAW; ARBITRATION
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of broadly in connection with or relating to its validity, its construction or its enforceability or with the services provided by a Third Party Provider (any “Dispute”). Happy60plus or its affiliates operate a complaints process to allow you to make complaints about Happy60plus or Third Party Providers , and Happy60plus or its affiliates also manage refunds to you in relation to those complaints. Happy60plus or its affiliates will operate this complaints process in a reasonable manner. You agree and acknowledge that you must raise any Dispute with the Services or the services provided by a Third Party Provider as soon as is practicable, but no later than 48 hours from the time the Dispute arises. If you fail to raise a Dispute within 48 hours from the initial occurrence of such Dispute, Happy60plus shall be under no obligation to resolve such Dispute. If a Dispute is reported more than 48 hours after the initial occurrence of Dispute, Happy60plus shall in its sole discretion choose whether or not to attempt resolution of a Dispute.
In addition, you may have the right to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the relevant Consumer Law Legislation.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980(CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of India or pursue final and binding arbitration or other alternative dispute resolution to pursue final and arbitration, the venue of the arbitration shall be New Delhi, India.
Any proceedings, including documents and briefs submitted by the parties , correspondence from a mediator, and correspondence, order and awards issued by an arbitrator , shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i)the disclosure of the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii)the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
Claims of Copyright infringement
Claims of copyright infringement should be sent to email@example.com
For purposes of Consumer Protection Act, 2019 and rules and regulations thereunder, the grievance officer officer of Happy60plus shall be:Mrs Kunika Pandey
Happy60plus Pvt Ltd , India.
1503, Sobha Mayflower, Bellandur, Outer Ring Road, Bangalore. Ph:
Timings: 10 am – 5 pm, Monday-Friday, excluding public holidays.
Happy60plus 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 Urban Company by written communication sent to your address as set forth in your Account. You may give notice too Happy60plus by written communication to Happy60plus’ address at 1503, Sobha Mayflower, Bellandur, Outer Ring Road, 560103.
You may not assign or transfer these Terms in whole or in part without Happy60plus’ approval. You give your approval to Happy60plus for it to assign or transfer these transfer these Terms in whole or in part , including to: (i)a subsidiary or affiliate; (ii)an acquirer of Happy60plus’ equity, business or assets; or (iii) a successor by merger . No joint venture , partnership, employment or agency relationship exists between you, Happy60plus or any Third Party Provider as a result of the contract between you and Happy60plus 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 as provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of other provisions in 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 a greatest extent possible, a similar effect as the illegal , unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, 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. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including relevant Consumer Law Legislation. In these Terms, the words “including” and “include” mean “including, but not limited to”.