Last updated: 2 September, 2023
Kelly Technologies Pte. Ltd.(hereinafter referred to as “Kelly”,“we”, “our”, “us”, or “Company”), a private limited company incorporated under the laws of the Republic of Singapore, operates this user-interface and associated application(s) (“referred to as “Interface”) via which Kelly aggregates and provides an opportunity to participate in “Learn” services via online subscription, registration of an account, and/or any other services provided by the Company, to learn events-related trading with dummy or fake balance on the App and therefore, earn rewards upon successful trading. (individually and collectively, our “Services” or “Learn Service”). The App, our Services, as well as any related forums, blogs, social media pages, and other relevant platforms operated or maintained by Kelly shall hereinafter be severally and collectively referred to as the “Services”.
By accessing or using Services, downloading our App, or signing up for any of our Services, in any way, you hereby accept these Terms of Use, our Privacy Policy, as well as any other terms of service (including any rules and guidelines) that may be implemented from time to time in relation to our Services (collectively, referred to as “Agreement”).
These Terms of Use, together with any documents and additional terms they expressly incorporate by reference, which include any other terms and conditions or any agreement that the Company posts publicly, or makes available to you (which refers to separate legal person, not including companies, corporation partnership or any artificial entity created by law) (hereinafter referred to as “you”,“User” or “your”) (collectively referred to as “Terms”), are entered into between the Company and you, concerning your use of and access to the Company’s or Affiliate’s Services, including the Interface, mobile application, and all associated links provided thereto by the Interface, or any use thereto (collectively with any materials and services available therein, and successor application(s) thereto, the “App”).
By creating an account on the Site or clicking “I agree” (or a similar language) to these Terms, acknowledging these Terms by other means, or otherwise accessing or using the Site or the Services, you accept and agree to be bound by and to comply with these Terms, including, without limitation, the mandatory arbitration provision in Clause 10 of the Terms. If you do not agree to these Terms, then you must not access or use the Site or the Services.
PLEASE NOTE THAT ALL SERVICES ARE MEANT TO EDUCATE AND PROVIDE GENERAL INFORMATION ONLY, AND DO NOT, IN ANY MANNER CONSTITUTE A RECOMMENDATION OF ANY KIND OR AN OFFER TO SELL, PURCHASE, SUBSCRIBE OR HOLD ANY PRODUCTS (INCLUDING, BUT NOT LIMITED TO, ANY TOKEN, BALANCE, OR ANY OTHER ASSET REFERENCED WITHIN THE SERVICES)
1.1 Kelly reserves the right to amend these Terms of Use, at any time from time to time without notice or reference to you. The effective date of these Terms of Use as may be amended will be the date stated at the beginning of these Terms of Use indicated as the “Latest Version”. You agree that it is your responsibility to regularly check the Kelly App at https://play.google.com/store/apps/details?id=io.kellyapp.learn for Android and https://apps.apple.com/us/app/kelly-learn/id6451402617 for IOS for the latest version of these Terms of Use, and to read, understand and agree to them before you participate in any Services. Actions/activities taken by you to avail the Service shall be deemed consent of acceptance and binding of such version of these Terms of Use.
2.1. By accessing our Services and continuing to access our Services, you represent that you are above 18 years of age, and legally capable of entering into and being bound by contracts, including but not limited to the Agreement. Note that we may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit the use of all or a portion of the Services from certain restricted locations as deemed fit. The content of the Terms shall not be excluded from the laws of the country or region under which the user belongs,
2.2. In the event that you submit a form or query to us, or you register with us an account, you undertake to ensure that all information you provide to our Company thereto registration is accurate and updated, and will promptly notify us via email to support@kellyapp.co in the event of any changes to such information.
2.3. In the event that you register an account with us, you are fully responsible for ensuring that your account login and passwords are kept strictly confidential and secure, as all activities conducted via your account shall be deemed as all acts duly performed and/or authorized by you without the requirement for any further verifications on our part. Should you become aware of any security breaches or unauthorized access to your account, you must notify our Company immediately via email to support@kellyapp.co.
2.4. Should you (whether directly by yourself or indirectly via your request to us) upload, post, publish, or transmit any information on or via our App, or you communicate with any other users of our Services, you agree to be fully responsible for all such posts and communications. Accordingly, you undertake to only use the Services in a legal and considerate manner, not to misuse or abuse the Services or its other users, including but not limited to not causing any defamation, harassment, sedition, collecting data of other users for your own purposes, and introducing virus, trojans or hacks. In the event that you misuse or abuse the Services, the Company shall be fully entitled to suspend or ban your account, and/or remove your information from our App/Services without any prior notice or liability to you. Nonetheless, you agree that we shall not be howsoever liable for any posts or communications by third parties that offend you, although we will sincerely look into any complaints in relation to such posts or communications that you communicate to us in writing.
3.1. All ownership in and all rights to the Services and its content (referred to as “Content”) shall belong solely to Kelly, its Affiliates and or their respective licensors of such Content or part thereof. You will not howsoever acquire or otherwise be entitled to any rights or ownership in any Services, Content or part thereof by virtue of your participation in the Services, these Terms, and/or any other Agreement.
3.2. We provide an online trading platform to trade the Trading Balance, wherein buyers and sellers conduct trading on our App with each other. In general, we, as the App provider, are not buyers or sellers in these transactions. Users will be able to trade via the trading balance provided by us from their wallet to initiate the transaction on the App.
3.3. In order to participate in the Learn Service, you must first register an account with Kelly, and while logged into your account, you automatically claim a dummy or fake balance for trading on the App (herein referred to as “Trading Balance”) which shall expire every week and replaced with new dummy or fake balance for trading immediately (more details can be found kellyapp freshdek. Access our Learn App and take part in the trades, and earn various rewards in the form of vouchers by making profitable trades and providing referrals to the public (referred to as “Rewards”). The Rewards will be distributed on a first-come, first-served basis upon completing the trade. You must complete the personal identity verification to be eligible for the reward. The identity verification process may take up to 24 hours, so please ensure that you have completed and passed the personal certification before the end of the event (more details can be found on the App).
3.4. Note that there is no deposit or withdrawal of cash involved throughout the process of availing the Services. “Cash” means the legal tender of the Republic of the Philippines or the equivalent thereof. Kelly doesn't avail any fees, charges, or cash deposit from your end before, during or after the trade or transaction relating to the Services.
3.5. We provide the User with trading services including:
3.5.1. An order matching platform that automatically and according to pre-established criteria, matches User’s trades with open orders from other Users in respect of the Trading balance linked to their respective wallets.
3.5.2. Additional services that permit you to trade events linked to your wallet with other users without using Trading Balance. These trades via an order matching platform that automatically, and according to pre-established criteria, matches User’s trade with open orders from other users.
3.6. During the event, if there is any fraudulent behavior, such as fraudulent registration, buying or selling or forging identity verification information, Kelly will strictly review and control the situation, and reserve the right to cancel the participation eligibility and ward rights of the related users.
3.7. Kelly may delay the distribution of the Rewards due to system issues or other circumstances. If you have not received the Rewards within 4.
3.8. You represent and warrant that you are the ultimate and effective legal and beneficial owner of any Trading Balance transferred to your account or wallet on the App, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge, or otherwise create any security interest or encumbrance whatsoever over such Content.
3.9. Kelly has the right to suspend, freeze, and/or seal the User’s accounts and assets within the account according to applicable laws or Kelly’s Terms. Kelly reserved the right to terminate the event at any time and to interpret or modify the Terms at any time without prior notice.
3.10. While we have made every effort to ensure the accuracy of the information on our App, the information and content on the App are subject to change without notice and are provided for the sole purpose of assisting users to make independent decisions, we have taken reasonable measure to ensure the accuracy of the information on the App; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/ or fitness for purpose of the content of any Services or products available through the App, and will not accept liability for any loss or damage that may arise directly or indirectly from the Content or your inability to access the App, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our App. we will not have any liability for the use or interpretation of such information.
4.1. Our Services are targeted at individuals. Our Services, our Content and updates are not meant for individuals below 18 years of age and are for individuals who are in legal capacity to enter into and be bound by the Terms, as well as to comply and perform all provisions hereunder.
4.2. You will not use any Reward from the App for any illegal purposes and shall not pledge, create as security, charge, lien or other encumbrances over your entitlement to Rewards upon successful completion of the trade/ Service.
4.3. You are not the subject of any sanction administered or enforced by any country, government or international authority nor are you a resident in a country or territory that is the subject of a country-wide or territory-wide sanction imposed by any country or government or international authority. Users agree that if found in violation of the security App and Services in the form of system abuse, they shall be subject to criminal and civil liability, as well as immediate account termination. The violations may include, but not limited to, the following:
4.3.1. Using or distributing tools designed to compromise the security of the Mobile Application and Services;
4.3.2. Intentionally or negligently transmitting files containing computer viruses or corrupted data;
4.3.3. Accessing another network without permission, including probing or scanning for vulnerabilities or breaching security measures; and
4.3.4. Unauthorized scanning or monitoring of data on any network or system without proper authorization from the owner.
4.3.5. Additionally, kindly avoid using the Services in a way that disrupts performance for other Users. Prohibited activities include, but are not limited to:
4.3.5.1. Deliberate attempts to overload the Mobile Application and Services, including denial of service attacks.
4.4. Engaging in any other activities that degrade the usability and performance of the Mobile Application and Services.
4.5. You undertake that you shall not, howsoever, data from, scrape, interfere or attempt to interfere with any part of our Services, disrupt accessibility to our App (or any part of it), or bypass any security measures that we may include without Services, including but not limited to, the utilization of any screen scraper, hacks, robot, virus, worms or other means to access or attack our Services for any purpose without our prior written consent.
4.6. You are not permitted to assign or transfer any of your rights or obligations hereunder the Terms to any third parties. You agree that Kelly and its Affiliates are permitted to transfer, assign, and/or subcontract any of their rights and obligations any of their rights and obligations (or part thereof) hereunder these Terms at any time to any third parties without any notice or reference to you.
4.7. You agree to not permit or reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease time-share, publish, sell, translate, reverse engineer, modify or create derivative works from, any part of our Content, Services found on our App or in our updates. We research the rights to take legal action against you for any such unauthorized use of our Content and/or Services.
4.8. You shall not employ the App and Services to publish content or engage in illegal activity under applicable law, harmful to others, or that could subject us to liability.
4.9. Users agree that if found in violation of the security App and Services in the form of system abuse, they shall be subject to criminal and civil liability, as well as immediate account termination. The violations may include, but not limited to, the following:
4.9.1. Using or distributing tools designed to compromise the security of the Mobile Application and Services;
4.9.2. Intentionally or negligently transmitting files containing computer viruses or corrupted data;
4.9.3. Accessing another network without permission, including probing or scanning for vulnerabilities or breaching security measures; and
4.9.4. Unauthorized scanning or monitoring of data on any network or system without proper authorization from the owner.
4.9.5. Additionally, kindly avoid using the Services in a way that disrupts performance for other Users. Prohibited activities include, but are not limited to:
4.9.5.1. Deliberate attempts to overload the Mobile Application and Services, including denial of service attacks.
4.9.5.2. Engaging in any other activities that degrade the usability and performance of the Mobile Application and Services.
5.1. All Content and Services, including, but not limited to, write-ups, compilations listings, analysis, extracts, derivatives, articles, translations, rewards, trades, deposits, withdrawals, APSs, extensions, software, algorithms, source codes, graphs, object codes, forecasts, budgets, reports, logs, diagrams, photographs, layout, financial information and other data, as displayed on our App and Services, in our Content and our updates, are protected by copyright, design rights, trademark rights and/ or other intellectual property rights (whether owned by the Company or licenses or permitted under the law for use by the Company), whether registered, registrable or otherwise. Therefore, you agree to not use such intellectual property and rights associated with this clause without the Company’s written consent except for the limited use as permitted by the Company.
5.2. Without prejudice to Clause 5.1. above, all Content and Services are strictly protected under copyright laws, You are not permitted to copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease or rent or however, deal with any part of our Content or Services except to view or use strictly pursuant to the purpose for which it was made available on the respective divide as may be permitted herein and/or by the other provisions of the Terms.
5.3. Subject to the provisions of this Terms of Use and your compliance thereto, our Company hereby grants you a limited, personal, non-exclusive, non-sublicensable and non-transferable license to use our Content, in each case solely for your Personal Use only and not for any commercial purpose. “Personal Use” shall refer to your non-commercial review and republication (on a non-commercial site) of some or part of our Content (as screenshots or screen captures without any modification thereto and with due attribution to Kelly), and the linking of our App.
5.4. You agree that Kelly retains absolute and full rights to revoke our consent granted herein under this Terms without any prior notice or liability towards you. Upon our email notification to you, you may no longer undertake the Services, or part of, provided by the Company.
6.1. Please note that Kelly doesn't control any links, services, content, or resources provided by other this parties via or referenced or linked to the Services or in our updates, even if such third party’s website, services are expressly made available on our App or co-branded with Kelly’s logo or intellectual property. Accordingly, should you decide to use or access such third parties products, services, or websites, all such use and access are at your sole risk and subject to the terms and conditions of use of such third parties websites or their services or products, please contact the third parties directly.
6.2. For clarification, some of our third-party links are “affiliated links”, which refers to third-party links on Kelly’s App pursuant to which Kelly may receive compensation from the reference third party. Such compensation to our Company may be provided to Kelly even if you do not click on the affiliate links, and/ or affiliate links or take any further action in relation to such affiliate links.
6.3. Notwithstanding anything contrary to Clause 6.1. and 6.2. above, Kelly hereby disclaims any and all scams, frauds, and other non-genuine services or products that may be displayed in any advertisements, banners or podcasts displayed on our Site. We take the utmost care with respect to advertisement placements and other related activities, however, it is beyond our capacity to verify the authenticity or legality of each advertiser, advertisement, podcaster, podcast content, product or service, that is advertised with the Company. You are responsible for any and all risks associated with purchasing, redeeming, subscribing or signing on for any such advertisement by third parties on our App.
6.4. You agree that our Company may employ cookies, action tags, dynamic device identifiers, or other legal technological means to record any anonymised accessing of our Services to provide between services and enhance the browsing experience. Further details of such technological means are set out in our Privacy Policy.
7.1. While We exercise due care in the preparation of all Content displayed and/or Services made available on our App and our updates, such content, data, information, Content and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”.
7.2. YOUR USE OF OUR APP, AND OUR UPDATES, AS WELL AS YOUR VIEWING, DOWNLOADING OF CONTENT (INCLUDING, BUT NOT LIMITED TO APIs SUCH AS THE KELLY API), IS AT YOUR OWN DISCRETION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSION, CONTINUOUS ACCESSIBILITY, CLARITY, RESOLUTION, NON-INTERUPTEDNESS, SPEED, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), CORRECTNESS OF DATA AND TRADING VOLUME, TRADING RETURNS, ACCURACY OF TOKEN, SECURITY OF TRANSACTION, SUBSCRIPTION RETURNS, FAINED ENCRYPTION OR FAILURE TO ENCRYPT, DATA CORRUPTION, QUALITY O QUANTITY OF REDEMPTION REWARDS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR APP, OR RELIABILITY OF OUR APP OR ITS UPDATES, INCLUDING, BUT NOT LIMITED TO, THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, WORMS AND FULL PROOF SECURITY AGAINST THIRD PARTY HACKERS.
7.3. ADDITIONALLY, THE COMPANY MAKES NO CLAIMS, REPRESENTATIONS WARRANTIED (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE CORRECTNESS OF OUR CONTENT OR SERVICES, THAT ANY ERRORS IN ANY PART OF OUR CONTENT OR SERVICES WILL BE CORRECTED, THAT RESOLUTIONS WILL BE ENHANCED, MERCHANTABILITY, QUALITY, TIMELINESS OF DELIVERY, USEABILITY, CONTINUED, AVAILABILITY OF REDEMPTION AWARDS, AVAILABILITY OF LOYALTY POINTS, FITNESS FOR A PARTICULAR PURPOSE(EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC VIEWING REQUIREMENTS, QUALITY OF SERVICES, ACCURACY OF INFORMATION, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SERVICES, NON-INFRINGEMENTS OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON OUR APP, OR OUR UPDATED. YOU, AT YOUR OWN VIOLATION AND DISCRETION, USE OUR SERVICES, ACCESS OUR CONTENT, ENTER INTO SUBSCRIPTIONS, SIGN-UPS AND/OR ENTER INTO OTHER TRANSACTIONS VIA OUR SITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL SUBSCRIPTIONS. SIGN-UPS AND/OR OTHER TRADES ARE AT YOUR SOLE RISK AND VOLUNTARY ASSUMPTION OF LIABILITY.
7.4. In no circumstances, to the fullest extent permitted at law, shall our Company nor any of its shareholders, directors, officers, agents, representatives or employees (referred to as “Affiliates”) be liable for any damages, loss of customers, lost opportunities, lost data, mobile phones or other quotients, special damaged, indirect or consequential loss or damage, whosoever arising or suffered as a result of any use (or inability to use) of our services or out updates or Content or our Company’s breach of any provision herein this App Terms or other provisions of the Agreement or misrepresentation or negligence or fraud by any third party, whether due to virus or third party hackers or embedded malware, or any reliance on or use of the information, Content, third park links, the services introduced or described herein our App, or our updated even if our Company have been advised of such use or reliance in advance.
7.5. You are strongly encouraged to conduct your own due diligence checks and procedure your own professional advice before subscribing, trading and using Kelly Services. Therefore, it is your total and sole discretion as to whether to use any of the Services, trade, of the Kelly Services and you voluntarily assume all risks and full liability in all your transactions and undertake that you shall not howsoever hold the Company liable or responsible whatsoever in the event of any damaged or losses suffered, including but not limited to, losses that you may suffer to misrepresentation, negligence information or fraudulent acts.
8.1. Except with your prior consent, Kelly will not disclose, transfer, process, use or retain your Personal Data except as permitted under these Terms. Nonetheless, you understand and agree that Kelly and or its Affiliates may be required to disclose your Personal Data and/ or certain other information about you to the extent required by ap[plicable law or by any order of a court or competent governmental or regulatory authority, by signing up or participating in the Services, you hereby expressly agree and consent to your Personal Data being disclosed to third parties to any extent required for the purposes of compliance with applicable laws or regulations. “Personal Data” shall refer to all information, whether true or otherwise, that can be used, on its own or in conjunction with other likely to be available information, to identify an individual.
8.2. Your Personal Data shall be processed in accordance with the Data Privacy Act, 2012, and you agree that in addition to the permission that you grant to Kelly pursuant to Kelly’s Privacy Policy (which constitutes part of the Agreement with you when you sign up for or participate in availing the Services), the relevant data controller may directly or through our service providers or agents process your Personal Data for any one or more of the following purposes:
8.2.1. the processing of your participation in and/or transactions related to the Services (if any);
8.2.2. providing you with information about Services, Affiliates, upcoming Services, and activities related to Kelly;
8.2.3. compliance with any requirement imposed by applicable law, applicable regulation, or an order of a court or competent governmental or regulatory authority;
8.2.4. replying to and managing queries and complaints;
8.2.5. resolving any disputes with you;
8.2.6. producing summary information for analytical (whether to improve our Services or otherwise), statistical, regulatory and audit purposes; and
8.2.7. any other reasonable purposes permissible and in accordance with the Data Privacy Act, 2012.
8.3. You have a right to access your Personal Data and undertake to inform Kelly promptly of any changes to your Personal Data to ensure such data remains accurate and updated
9.1. You agree to fully indemnify, defend and hold Kelly, its Affiliates and their respective shareholders, directors, officers, employees, representatives, agents, subcontractors, and licensors harmless from and against any and all claims, including, but not limited to third-party claims for intellectual property infringement, damaged, costs and expenses, including but not limited to, legal fees and settlement payments on a full indemnity, arising from or related to your breach of any of the provisions herein the Terms.
9.2. For the avoidance of doubt, regardless of the indemnification received by Kelly or its Affiliates from you, Kelly and its Affiliates shall have full authority and charge over its own defence, legal actions, and settlement proceedings in relation to any third-party claims without any reference to you.
10.1. The Terms, your use of the Services, and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of the Terms, directly or indirectly, shall be governed by, and construed in accordance with the laws of the Republic of the Philippines for time being enforce, without regard to the principles of conflicts of laws thereof.
10.2. You acknowledge and agree that, in the event of any dispute controversy, issue of Service, difference, or claim, including, but not limited to, the existence, validity, interpretation performance, breach or termination of the Terms or any dispute arising out of or relating to the Terms (hereinafter referred to as the “Dispute”), the User shall first contact Kelly’s grievance council at support@kellyapp.co regarding the Dispute, and the Parties shall use their best endeavors to amicably settle the concerns in good faith.
10.3. If the Dispute has not been settled, such may be referred to and finally resolved by the Arbitration Dispute Resolution Act, 2004, of the Republic of the Philippines for the time being in force, which rules are deemed to be incorporated by reference in this Section and the arbitration award shall be final and binding on the Parties.
11.1. Privacy Policy: Please refer to our privacy policy, which is incorporated herein by reference and available here, for information about how we collect, use, share and otherwise process information about you.
11.2. Consent to Electronic Delivery: You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms or any Services. You agree that we may provide our Communications to you by posting them on the App or by emailing them to you at the email address you provide in connection with using the Services, if any. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact us with questions, complaints, or claims concerning the Services at support@kellyapp.co.
11.3. Entire Agreement: These Terms contain the entire agreement between you and the Company and supersede all prior and contemporaneous understandings between the parties regarding the Services.
11.4. Interpretation: In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
11.5. Reservation of Rights: You acknowledge that the Services are protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services
11.6. The provisions of the Terms constitute the entire agreement between you and Kelly in relation to its subject matter and shall supersede any and all other representations and agreements (whether verbal or written) between you and Kelly, unless otherwise expressly agreed to by you and Kelly in writing.
11.7. Nothing in these Terms shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and Kelly, Kelly’s Affiliates, and/ or other individuals or entities involved with the Services.
11.8. Force majeure: You agree that you shall not hold Kelly or its Affiliates for any delay or failure in performance, including but not limited to, the non-accessibility to any Services or Content) due to events beyond Kelly’s reasonable control, including but not limited to, natural disasters, civil riots, acts of war, shortage of utilities, lack of internet connectivity, and other related activities and any applicable laws at the time being enforced.
11.9. Remedies: Any right or remedy of the Company outlined in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under applicable law, at law, or in equity. The failure or delay of the Company in exercising or enforcing any right, power, or privilege under these Terms shall not operate as a waiver thereof.
11.10. Severability: If any provisions or clause of these Terms, or any of the Agreements, or part thereof respectively, is rendered void, illegal or unenforceable legislation or laws, to which it is subject, it shall be modified to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only. It shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or terms or conditions of the Agreement.
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