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Please read the terms and conditions carefully before registering, accessing or using the Services (defined below). The terms and conditions is a legal contract ("Agreement") between you and HOMEBETHE E COMMERCE PVT LTD having its registered office at 601, ROYAL TRADE CENTRE, OPP. STAR BAZAAR, ADAJAN-HAZIRA ROAD, ADAJAN, and SURAT-395009. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services.

We may amend the terms and conditions at any time by posting an updated version at www.homebethe.com. The updated version of the Terms of Service shall take effect immediately upon posting. If you use our Services, you will be bound by this Agreement which may be amended from time to time.

Terms of Use

General Conditions for hb Wallet :

You will be issued a hb Wallet Account immediately after successful registration.

You may add money to or recharge your hb Wallet through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your hb Wallet. Except as provided hereunder, amounts in your hb Wallet will not be refunded to you under any circumstances.

You may note that withdrawing money from hb Wallet is not allowed. Any outstanding credit in the hb Wallet must be utilized only to make payments for bona fide Transactions.

hb Wallets are available only to resident Indians who have attained the age of 18 years and are competent to contract.

hb Wallets are not transferable.

HBEPL reserves the right to suspend/discontinue hb Wallet services to you at any time, for any cause, including, but not limited, to the following-

For any suspected violation of the T&Cs;

For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;

To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;

If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;

If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

If the mobile connection with which your hb Wallet is related ceases to be operational or in your possession or control;

If HBEPL believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.

The value stored on your hb Wallet shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by HBEPL on the available balance reflected on the hb Wallet.

You are permitted to maintain and operate only one hb Wallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by HBEPL of any of all hb Wallets associated with you on the Homebethe Platform. Any operation of or continued availability of any facility respect to the hb Wallets from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.

Terms of Service

All the Services are offered by HOMEBETHE E COMMERCE PVT LTD under the brand name "HBCASH". The terms 'HOMEBETHE' and 'HBCASH' have been used interchangeably. These terms of service should be read with HBCASH Privacy Policy (collectively "HBCASH Terms").

The rights, benefits, liabilities and obligations under the terms and conditions set forth below shall accrue to the benefit of HOMEBETHE and are applicable to the use HBCASH services to make any type of transactions.

For the purpose of these HBCASH Terms, wherever the context so requires 'you/your' or "User" shall mean any natural or legal person who has registered for Services and who has accepted these Terms of Services. The term "We", "Us", "Our" shall mean HBCASH and/or HOMEBETHE. Further, the term "Merchant" shall include any establishment and/or entity who accepts the Services of HBCASH as a payment method to collect payment from their customers for the purchase(/s) of goods and/or services. Similarly, the term "Buyer" shall refer to the person who purchases any of the goods or services provided by the Merchants.

Services:

HBCASH is a payment solution which facilitates payments and acts as such by creating, hosting, maintaining and providing Services to you via the Internet. HBCASH provides its Services to customers through 'HBCASH' branded mobile payments page, which acts as a container for various payment instruments including but not limited to a mobile wallet and UPI payment. HBCASH provides its services to businesses by enabling them to accept payments and services from its customers for the products and/or services on their platform via HBCASH solution.

HBCASH facilitates payments and services in connection with online transactions for products or services concluded on and through the HBCASH App and website, or any third party merchant app, website, physical store or any individual both within and outside the HBCASH network.

By using the Services, you acknowledge and agree that HBCASH is not a bank and the Services should in no way be construed as the provision of banking services.

HBCASH offers its services in compliance with local laws and regulations.

HBCASH App comprises of the following payment instruments/services:

Eligibility

HBCASH Services are currently available to customers with an active Indian mobile number, a Smartphone and having a bank account in India.

HBCASH UPI payment is available only to people:

• With bank accounts in one of the UPI member banks

• Who have provided the same mobile number to HBCASH (during registration) as the one registered with their respective bank

Registration

In order to use the full spectrum of HBCASH Services, You need to register on the HBCASH and provide us with accurate and complete information. You are also required to keep your accounts and contact information complete and updated at all times. Any account found to contain incorrect and/or outdated information will be suspended.

Contact information

•    Mobile Number

It is your responsibility to provide your correct mobile number so that we can communicate with you via SMS. You understand and agree that if We send you an SMS but You do not receive it because Your mobile number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive SMS, We shall be deemed to have provided the communication to You effectively. Please note that if you use a spam filter that blocks or re-routes SMSes from senders not listed in your contacts, you must ensure that HBCASH SMS es are marked as trusted as 'not-spam', so that you will be able to view the Communications we send to you.

The mobile number provided by you should be the same as registered with your bank against your bank account, to enable UPI transactions from HBCASH app. HBCASH will not be liable for any such mismatch leading to your failure to access UPI transactions on HBCASH app.

• Email Address

It is your responsibility to keep your primary email address up to date so that we can communicate with you electronically. You understand and agree that if We send you an electronic communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, We shall be deemed to have provided the communication to You effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add HBCASH to your email address book so that you will be able to view the Communications we send to you.

You can update your primary email address at any time by logging into the HBCASH. If your email address becomes invalid such that electronic communications sent to you by us is returned, We may deem your account to be inactive, and You will not be able to transact any activity using your HBCASH Account until We receive a valid, working primary email address from you.

• Device Information

The device (Smartphone) on which you download HBCASH and use during registration, shall become your registered device and its details shall be stored by us. The moment you log into your HBCASH account from a different device using the HB app, you will be asked to allow HBCASH to send an SMS from the new device, after which the new device becomes the registered device.

You will not be able to access your HBCASH account or authorize UPI transactions using your previous device until you re-login and re-authorize yourself on that device.

Indemnification

You agree to indemnify and hold HBCASH, its affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use or misuse of the Services or from your breach of the Terms of use of the Services. HBCASH reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify HBCASH including right to settle, and you agree to co-operate with HBCASH defence and settlement of these claims. HBCASH shall use reasonable efforts to notify you of any claim, action or proceeding brought by a third party that is subject to the aforesaid indemnification.

Loading/Topping-up of HBCASH:

1. HBCASH can be loaded or topped-up by transfer of money from another HBCASH user, or from refunds/cash backs that might arise due to cancellations and returns of your transactions at third party partner Merchant Platforms or by HOMEBETHE. HBCASH will be displayed as an option on the order return/cancellation screen for all such refunds on the Merchant Platforms. HBCASH has the sole discretion to not allow Refunds into the HBCASH for purchases made through any particular payment method.

2. HBCASH shall at no time exceed INR 5,000/- through top-ups/loads.

Purchases through HBCASH

1. HBCASH can be used to purchase products and services online or offline on any Merchant platform. HBCASH can be used by selecting it as the payment mode at the time of payment.

2. HBCASH is one of the payment options available to the Users on Merchant platform and we assume no responsibility for the products purchased using HBCASH and any liability thereof is expressly disclaimed.                                                                                          

3. Use HBCASH (MAX 50)

4. Minimum Rs 499/- shopping require to use HBCash.

5. User can pay directly from his/her HBCASH account linked bank, if:

a. the order value exceeds the available amount in the HBCASH

b. the User has exceeded his/her limit for Purchases using the wallet, as per the RBI rules

Validity & Forfeiture Policy

1. Your HBCASH Account will be valid for 24 months from the time of activation or 24 months from the time of the last transaction whichever is later. Please note that HOMEBETHE reserves the right to terminate Your HBCASH Account in case of violation of any policy or Terms of Use and in such event, any balance in Your HBCASH Account shall be credited back to your bank account linked to the HBCASH. or any rule/policy issued by the RBI or Government of India or any other concerned body. In such an event, HOMEBETHE shall report the matter to the concerned body and may freeze your HBCASH until given a clearance by the concerned body.

2. HOMEBETHE further reserves the right to suspend Your HBCASH if You are involved in any suspicious transaction and/or any transaction in gross violation of the rules and regulations issued by the Reserve Bank of India ("RBI") governing the use of Pre Paid Payment Instruments including but not limited to rules and regulations under Prevention of Money Laundering Act, 2002 and any amendments thereto. In such an event, HOMEBETHE shall report the matter to RBI and shall also freeze your HBCASH account until the receipt of findings and clear report from RBI in this regard.

3. HOMEBETHE shall caution you during the sixty (60) days period prior to the expiry of the validity period of the HBCASH by way of sending SMS, e- mail, post etc.

Terms of Use of Payment Instruments/Services

By agreeing to this Agreement you hereby agree to the HBCASH Terms of Use for its services, which may be updated by HBCASH from time to time. All transactions concluded by users using HBCASH on the HBCASH platform or the platform of any of its affiliates and partners, or any third party platform, which can accept payments and services from HBCASH users, will be in accordance with the HBCASH Terms of Use.

i) HBCASH - Terms of Use

ii) HBCASH UPI Payment- Terms of Use

Privacy

We collect, hold, use and transfer your personal data in accordance with Our Privacy Policy. By agreeing to the Terms of Service, You hereby agree to Our Privacy Policy, which may be updated by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the Services may be shared with our affiliates or partners. Please refer to the link below for detailed terms and conditions on Our Privacy Policy.

User Responsibilities

• Beneficial Owner

You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

• Username and Password

You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

1. A set of username and password is unique to your use of the Service and You shall not share, assign or permit the use of Your username and password to any other persons.

 You acknowledge that sharing of your username and password with other persons (collectively, "multiple use") may cause irreparable harm to HBCASH. You shall indemnify HBCASH against any loss or damage suffered by HBCASH as a result of such multiple uses. You undertake to notify HBCASH immediately of any unauthorized use of your username or password or any other breach of security. You agree that HBCASH shall not be liable for any loss or damage arising from your failure to comply with this section.

2. You shall be solely responsible for:

I. maintaining the confidentiality of Your HBCASH username and password

ii. Maintaining the confidentiality of Your Bank account MPIN and OTP messages

iii. Maintaining the confidentiality of any credentials or/and information using which, one can impersonate you

iv. All transactions and activities that occur under your username and password

v. all consequences of use or misuse of your username and password

vi. Never sharing any of the above credentials with anyone including anyone claiming-from or from bank, HBCASH/ HOMEBETHE etc.

3. If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password have been duly authorized by you to use the Services on your behalf and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using the business' user name and password.

You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

Wallet User Obligations

1. You must ensure the availability of sufficient funds before executing any transaction from your Account.

2. If you have submitted KYC documents to us, you shall intimate us about change in your address, if any, in writing along with such proof of address as per the KYC documents.

3. Your HBCASH might be a trusted instrument with certain merchants after validating your identity, in such cases misuse of wallet because of auto-authentication on same device because of lost/theft/misuse of device or information will be solely User's responsibility.

UPI User Obligations

1. You must ensure the availability of sufficient funds in the bank account before executing any transaction from your Account.

2. You acknowledge, represent and warrant that the MPIN generated by the You, at any time, that is either before/at the time of linking Your account with HBCASH UPI or regenerated anytime thereafter, provides access to the fund transfer through your linked bank a/c and that You are the sole and exclusive owner, and the only authorized user of the MPIN. You accept sole responsibility for use, confidentiality and protection of the MPIN as well as for the Services availed through the use of MPIN. The MPIN is issued and verified by the Bank and is neither stored nor accessed by HOMEBEHE. The User grants express authority to HOMEBETHE for carrying out instructions authenticated by such MPIN. The User unconditionally undertakes to have MPIN of such number of digits as may be notified by Bank from time to time and to ensure that the same is kept confidential. If the User forgets the MPIN, then the User may regenerate the MPIN from his HBCASH.

3. You authorize HOMEBETHE to forward to your bank, your request to debit your linked bank account when you link your account with HBCASH. You are solely responsible for complying with any terms set by your bank or with respect to your account, including any fee terms, such as non-sufficient fund or overdraft fee terms.

Other Responsibilities

1. You shall promptly inform us for any unauthorized usage of your account, lost/stolen/misplaced/ device or account details, and any other circumstances which may lead to unauthorized usage of your account. The responsibility of any transaction prior to intimation will solely be on the registered User.

2. You agree and understand that when you acquire goods or any other services from a Merchant platform through HBCASH services, we are not a party to the contract between you and the Merchant. We do not endorse any advertiser or Merchant linked to its website or app. Furthermore, we are under no obligation to monitor the Merchant's service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by the User with the Merchant. It is clarified that we shall not be responsible or liable for any deficiency in goods and/or services purchased using HBCASH services. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

3. In case any amount is transferred erroneously by the you to any Merchant or any other person, HBCASH shall not be liable to refund such amount to you any circumstances.

4. Any web-link on the website to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.

5. In the event of any dispute, HBCASH records shall be binding as the conclusive evidence of the transactions carried out through use of HBCASH Services.

6. HBCASH shall send all customer communications by SMS and/or email and they shall be deemed to have been received by you after they have been submitted for delivery to the SMS/email service providers.

7. You agree to receive all commercial message including transactional messages from HBCASH/Merchant.

8. You will use the Services in good faith and in compliance with all applicable laws and regulations.

9. The information and material you provide in connection with the use of the Services is true, lawful and accurate, and is not false, misleading or deceptive.

10. You should be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied through the Services or otherwise arising from online transactions.

11. You shall not use HBCASH Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, Terms of Use or for any purpose that might negatively prejudice the goodwill of HBCASH.

12. You shall ensure that the HBCASH Services are not used for Transactions in foreign currency. HBCASH services are issued & shall be valid only in India and shall be used at Merchants only in India.

Prohibitions

You shall not:

1. Use the Services to defraud HBCASH, our affiliates or other members or users, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law).

2. Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity.

3. Post or transmit any message, image or data which is pornographic in nature.

4. Purchase anything (products or services) using fraudulent funds

5. Use the Services in a manner that may result in complaints, disputes, imposition of fines, penalties, charge backs or any other liability to HBCASH.

6. Use HBCASH services for money laundering, tax evasion or any other illegal activities.

Consent to Electronic Communications and Transactions

By registering with us, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number that as per our records, or when we post the electronic communication on the website. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your Account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address, phone number or other contact information changes by updating your account information or contacting us.

Anti-Money Laundering Policy

HBCASH strongly condemns and prohibits the prevention of money laundering and any activity that facilitates money laundering or financing of terrorist or criminal activities. At HBCASH the directors, officers, employees and any other individuals or organisations associated with HBCASH are supposed to adhere to the applicable law.

Unauthorized Transactions

An unauthorized transaction occurs when a payment is made from your account that you did not authorize. For example, if someone makes a transaction from your account using a stolen password, an unauthorized transaction has occurred. If you provide access to your account to a third party (by disclosing your login or/and MPIN information or any other information) and they conduct transactions without your knowledge or permission, you are responsible for any resultant use. The liability of any misuse is solely yours, until you report the issue HBCASH.

In the event of an unauthorized transaction in your account, you should immediately notify HBCASH if you believe:

1. There has been an Unauthorized Transaction or unauthorized access to your account;

2. There is an error in your account history statement (you can access your account history statement by logging into your app and go to transaction history section;

3. Your HBCASH username and password and/or bank account MPIN has been compromised;

4. Your device with the HBCASH App has been lost, stolen or deactivated;

For unauthorized transactions or errors in your Account, notify us by Calling on 0261-279800 or by sending an email to                [email protected]

HBCASH Errors

We will rectify any error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, HBCASH may credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, HBCASH may debit the extra funds from your account.

User Errors

If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (for instance a typographical error at your end) your only recourse will be to contact the party to whom you have sent the payment and ask them to refund the amount. HBCASH will not reimburse you or reverse a payment that you have erroneously made.

No Refunds

All payments on HBCASH for mobile/DTH recharge, Bill Pay, P2P transfers are final. Such transactions cannot be refunded/ returned or cancelled once initiated.

Amendment

We will send notice of any change to you that involve an increase in fees or liability for you ("Material Change"), to the registered email address, and that Material Change will be effective 15 days from the earlier of posting it to our Website or otherwise communicating it to you. You will be deemed to accept any Material Change if you use the Website or Services after the 15-day notice period. We may make Material Changes without prior notice if immediate changes are necessary for security reasons.

HOMEBETHE may suspend and/or terminate your HBCASH anytime with or without prior notice due to any change in rules, regulations and laws by the relevant government authorities/regulators. In addition, your bank may suspend/ terminate UPI services at any time with or without prior notice;

 HBCASH will not be responsible for such service outages.

Intellectual Property Rights        

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of HOMEBETHE as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.

Trademark, Copyright and Restriction

All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause

Limitation of Liability

IN NO EVENT SHALL HBCASH OR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERM OF USE. TO THE EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON) WHATSOEVER WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).

Suspension or Breakdown of Systems

If you are unable to use the Services as a result of improper operation of the systems due to any of the following reasons, you agree you will not hold HBCASH and our affiliates liable for:

a. System suspension which has been announced by HBCASH in advance through any mode of communication;

b. Failure in data transmission due to breakdown in the telecommunications equipment and systems;

c. Failure in system operations due to breakdown resulting from typhoon, earthquake, tsunami, flood, electricity blackout, war, terrorist attack, and other force majeure events which are beyond our reasonable control; or

d. The Services are interrupted or delayed due to hacking, authority, website upgrade, banks, and other reasons.

Dispute Resolution; Governing Law; Jurisdiction

Governing Law

This Agreement and the rights and obligations there under and the relations of the parties and all matters arising under or in connection with this Agreement, including the construction, validity, performance or termination there under, shall be governed by and construed in accordance with the laws of the Republic of India.

Disclaimer

1. You agree that all risks arising from online transactions will be borne by you.

2. HBCASH and third party partners make no warranty, express or implied regarding the quality of Services including but not limited to: i) the Services will meet your requirements; II) the Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by You in connection with the services will meet Your requirements.

3. Except as expressly provided herein and to the full extent permitted by law, the Services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is your responsibility to evaluate the accuracy, completeness and usefulness of the Services and other information provided by HBCASH or generally available. We do not authorise anyone to make any warranty on our behalf and you should not rely on any such statement.

4. In no event will HBCASH be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees One Hundred (Rs. 100) whichever is less.

5. If you have a dispute with other parties, you release HBCASH (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

General Provisions

1. If any provision of this Agreement is held to be invalid or otherwise unenforceable, then that provision shall be deleted and the remaining provisions shall remain valid and enforceable.

2. Headings are for convenience purposes only and in no way define, limit, construe or describe the scope or extent of such section.

3. Any failure by HBCASH to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.

4. HBCASH shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. HBCASH may delegate certain of HBCASH rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity without our prior written consent which may be withheld at our sole discretion,

5. If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.