Terms and conditions

Terms and conditions overview

Welcome to Pawssum! Please read this document carefully. It governs your relationship with us and sets out legally binding provisions which regulate your use of our website platform (including any desktop and mobile versions of it, and any of our associated smartphone applications) and the services that We make available through our platform.

If you have any questions about this agreement please contact us here.

Agreement summary

To assist you, we have prepared summaries of our terms of use. The summaries are not a substitute for reading the full agreement and operative provisions of our terms of use. It is important that you have a full understanding and agree with the full terms of use. The operative provisions of our terms of use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

• We are a service that allows users to book appointments with various third-party providers of pet services, such as (but not limited to) veterinarians, groomers, minders and others for the purpose of helping pets in need.
• Pawssum is an online booking platform only, and we do not actually provide any of these pet services. Instead, we serve as an intermediary, helping connect you with the providers of the pet services.
• Any material provided to us by the customer as part of our customer feedback and review process, can be used on our social or other marketing activities, this includes but not limited to statements, wordings, multimedia images, Audio or Video.
• Because we do not provide any of these services, we are not a party to a contract for any pet services with you. If you have any issues, you will need to raise it with the pet service providers.
• You will be able to pay the pet service providers for the services you want through our website or on the Pawssum app. We will charge you a fee for using Pawssum to obtain pet services.
• When using our Service, you agree that you will not participate in any activities that will harm us, other users or pet service providers, or will violate the law or any rights of third parties.
• We can terminate your account at any time for any reason.
• If you cancel your booking within 24 hours of the appointment time, or you are not available on your phone 30 minutes prior to the appointment, or not contactable when the vet is at your door, or not available at home at the confirmed booking time frame, or your pet/s are not ready for examination by the visiting vet, or the vet can't find parking at or near your property, or there is no one in the home who is over 18 years of age, Pawssum reserve the right to charge the house call fee as per booking, due to potential loss of revenue resulting from the booked service provider not being able to attend other bookings.
• Pawssum reserves the right to add an additional charge if the booking information provided is inaccurate which includes understating the aggression, weight or manageability of your pet, or if vet needs to wait for someone to come to the home during the confirmed time frame.
• We incorporate various third-party services into our service, including, for example, payment services and scheduling assistants. When you use these third-party services, you agree to be bound by their terms of use and privacy policies. We have no control over these third-party services.
• We are not responsible for any damages that you may suffer by using the any of the services Pawssum connects you with. Any and all risks involved in using the services fall on your shoulders, and, therefore, we are not liable in any way for any liabilities that you may incur or damages that you may suffer.
• To make sure Pawssum's service provider is fully compensated for the services provided, we reserve the right, in our sole discretion, to (i) place on hold or pre-authorise the estimated fees of the service to be provided, or (ii) refund, provide credits, or arrange for Stripe to do so. Pawssum reserves the right to cancel an appointment if there was an issue with the pre-authorisation of the estimated fees of the service to be provided.

Pawssum is not a registered veterinary surgeon under the Act, and it does not practice, or offer to practice, veterinary surgery.

Acceptance of this agreement

By accessing or using the Pawssum website, service, or any applications made available by Pawssum, you acknowledge that you have read, understood, and agree to these terms and Agreement and the accompanying Privacy Policy at https://www.pawssum.com.au/privacy-policy. Please note that we reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our website at https://www.pawssum.com.au/terms-and-conditions and we will do our best to give you notice of any such changes. If you do not agree to any modifications to this Agreement, your sole remedy is not to accept the revised Agreement and to stop using the Service.

Services

Pawssum is a technology platform that functions as a booking facility between our users and third-party service providers. Pawssum enables users to book “at-home” pet care services.

YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY SERVICE PROVIDERS (“Service Providers”), NOT PAWSSUM, PROVIDE THE PET SERVICES MADE AVAILABLE THROUGH OUR SERVICE. We are not a party to any contract between you and a service provider for pet services (a “Service Contract”) and we do not offer any of the pet services or function as a service provider. Unless otherwise agreed upon in writing, we will not intervene with any service contract that you enter into with service providers and cannot be considered part of any service contract.

We are not responsible for the performance of service providers and do not have control over: (i) the quality, timing, safety, legality, failure to provide, or any other aspect whatsoever of the pet services or the Service Providers; or (ii) the integrity, actions, or omissions of any service provider.

We also do not have control over: (i) the truthfulness or accuracy of any representations made by the service providers; (ii) the ability of service providers to provide the pet services; or (iii) the ability of users to pay for the pet services agreed upon in a service contract. As a result, we do not—and cannot—guarantee that the parties will comply with any or all terms of a service contract.

User account

In order to use the service, you must create a user account and provide us with your first and last name, mobile number, email address, and password. By creating an account, you affirm that you are over eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You agree to be truthful in any categorisation of your pet to appropriately match you with a service provider. You further agree to abide by and comply with this Agreement and not transfer your Pawssum account. In addition, you affirm that: (i) you have not been previously suspended or removed from the Service; (ii) the information you provide to us is accurate and complete; (iii) you will keep your password secure; and (iv) you will notify us of any suspected breach of security or unauthorised use of your account.

Communications between users and service providers

Pawssum allows for the communication and sharing of information between users and Service Providers to facilitate the use of Pet Services. Like many online services, Pawssum contains interactive features and areas that allow users to post, transmit, or store text or other materials, such as requests for Pet Services, public discussions, member feedback, and third-party links (collectively, “User Content”). The user content you submit, share, post, or display may be seen by other users on the site.

When interacting with other users or service providers, please exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don't know. Each user should undertake his or her own research to be satisfied that a service provider is suitable to provide the pet services that you are requesting.

If you post user content to Pawssum, post links on our service, or otherwise make (or allow any third party to make) material available by means of the Site, you acknowledge that you are entirely responsible for the user content and any consequences resulting from the posting of this content. The user content that you post does not reflect any views of Pawssum and are your own views. Further, we do not verify or approve any posted user content, and material in the form of opinions are not our opinions. You should only provide user content that you have the right to share and are comfortable sharing with others under this agreement and agree not to upload, post, or otherwise transmit any user content to or through the service that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person; or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or Pawssum rule or policy. If you violate, or are suspected of violating these terms, we reserve the right to remove any and all of your user content from the service and cancel your account.

You retain all ownership rights in your user content. However, by submitting user content to Pawssum, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such user content in connection with the site, subject to the terms of our Privacy Policy.

Fees, commissions and billings

We are not a party to any service contract. However we will charge a percentage as management fees, to be deducted from the advertised price of the pet services, on each Service Contract between a user and a Service Provider. We reserve the right to change the foregoing fees and agree to notify users of any changes in fees prior to providing an invoice.

For Service Providers: To enter into a service contract you will be required to register with Stripe (the payment service provider retained by us), agree to its Terms of Use, and go through a vetting process to set up an account. You will then be required to provide your bank account details to Stripe.

For Users: To enter into a service contract you will be required to provide your credit card details to Stripe (the payment service provider retained by us) as part of the customer registration or booking process. Unless specifically advised by you, your card details will be kept on the Stripe system for future payments if required.

Users will be responsible for paying the invoice for each Service Contract (the “Invoice”), which will include the pricing terms of the Service Contract (“Service Payment”), any extra payments related to the Service Contract and the fee we assess for the Service Contract, based on the total payment amount. Within twenty-four (24) hours after you become a party to a Service Contract, you authorise Pawssum to process the total payment amount and any fees owed to us.

We reserve the right, in our sole discretion (but not the obligation), to (i) place on hold any Service Payment and extra payments, or (ii) refund, provide credits, or arrange for Stripe to do so. Users of the Service will be liable for any taxes (such as GST) required to be paid on the Service Contract provided under the Agreement (other than taxes on the Company's income).

This payment structure is intended to fully compensate the Service Provider for the Pet Services provided. After you have received Pet Services obtained through Pawssum, you will have the opportunity to rate your experience and leave additional feedback about your Service Provider.

If the total house call amount is greater than $150.00 Pawssum will charge you the credit card processing fees which are 1.75% of the total house call amount. Dangerous breeds as well as pets that it is not easy to handle during the visit, will attract extra costs.

Public holidays, after-hours and weekends appointments attracts a surcharge, as advised to the customer by Pawssum, where an 'after-hours' appointment is defined as any appointment where the requested or confirmed time is after 5:00pm. Extra charges are also added to urgent bookings, or bookings that are outside our serviced area.

Some appointments will attract an extra charge for various reasons, such as extra time to handle pets, distance etc. In such cases you will be advised by the visiting vet or booking team.

Pawssum is using third parties for repayments and financing options, for which an extra admin fee will be charged on top of the total bill, as a payment administration fee.

In some instances the service provider will charge you travel costs, if a local service provider isn't available for your booking. This will be communicated to you when your booking is confirmed.

No agency relationship

Nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognise a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship among you and us (the “Parties”), and the rights and obligations of you and us shall be limited to those expressly set forth herein. You confirm that the Parties are independent parties, each acting in their own name and for their own purpose.

No doctor-patient relationship

No Vet-Patient relationship is created by using Pawssum including, but not limited to, Pawssum house calls, Pawssum chat, or any assistance we may provide to help you find an appropriate veterinary professional. Pawssum chat and phone call services are not a replacement for vet advice and only offer general information.

We make no guarantees, representations or warranties, whether expressed or implied, with respect to the professional qualifications, expertise, quality of work, or other information herein regarding service providers. further, we make no guarantees, representations or warranties, whether expressed or implied, with respect to whether a service provider is duly licensed by the state, or other governing body, in which the service provider provides services, or attempts to provide services, or whether a service provider is in good standing under the law to provide the particular services it provides or attempts to provide. in no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

We have no control over, and cannot guarantee the availability of any Service Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Service whatsoever. We will not be liable to any injury related to transportation related to emergency situations. Any situation of this nature is an agreement between the Pet Owner and Service Provider.

You are strongly advised to perform your own investigation prior to selecting a Service Provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Service Provider by calling the Service Provider's office, asking your current veterinary professional, or the association(s) relevant to the Service Provider's specialty.

If your pet needs immediate medical attention, you promptly need to take it to the nearest emergency veterinary hospital.

Any and all communications with service providers provided through the Pawssum website, app or technology, are to be used for general information only and are not a replacement for an in-person evaluation.

The information and views provided by the service providers through the Pawssum Website, app or technology, are those of the individual service provider that you are obtaining information from and not necessarily the views of Pawssum, its Members, Managers, Consultants, veterinarians, employees, agents, advertisers or affiliates. Pawssum makes no claim, promise, or guarantee about the accuracy or completeness of any information provided through the Website, the Mobile Application or the Service. All information obtained directly or indirectly from the Website or Service is provided at your own risk.

Pawssum Telepet service provided by a registered veterinarian via phone, chat, messenger or video, is not a substitute to an in-person visit, and should not be treated like that.

By agreeing to these terms, you hereby acknowledge the limitations of providing information relating to a pet that has not had an in-person physical examination and hereby assume all risk related thereto. Service provided by a registered veterinarian who provide information through the Pawssum/Telepet website, app or technology are not practicing veterinary medicine in providing such information. You should never disregard medical advice by your primary veterinarian(s) or delay in expeditiously seeking medical care from your primary veterinarian(s) because of information provided to you by a registered veterinarian via the Pawssum technology.

We do not provide veterinary advice

Any information that you obtain or receive from Pawssum, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the service is for informational, booking, scheduling, and payment purposes only. All veterinary or pet-related information, to the extent available, comes from independent veterinary professionals and organisations.

The content, whether such content is provided by or through the use of the services or through any other communications from Pawssum, is not intended as a substitute for, nor does it replace, professional veterinary advice, diagnosis, or treatment. do not disregard, avoid, or delay obtaining veterinary advice from a qualified veterinary professional because of something you may have read on Pawssum. your use of any content on the service is solely at your own risk. nothing stated or posted on the service or available through any services is intended to be, and must not be taken to be, professional veterinary advice, or the provision of medical care for your pet.

We do not recommend or endorse any specific tests, veterinary professionals, procedures, opinions, or other information that may appear through our Service. If you rely on any content provided through the Service, you do so solely at your own risk.

Proprietary rights

The graphic elements, design elements, presentations, logos, layout, and source code of the Service are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.

Non-exclusive license to use this service

Pawssum is provided only for your own personal use. You are responsible for all of your activity in connection with the Service. As a condition of your use of the Service, you agree to comply with all Australian and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:

Activities that Would Harm Pawssum

• Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on Pawssum's infrastructure;
• Not to interfere or attempt to interfere with the proper working of Pawssum or any activities conducted using the Service;
• Not to engage the service on behalf of another Pet Owner. You are responsible for ensuring that Services are only booked for your pet;
• Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Service that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password, or other information of Pawssum;
• Not to circumvent any security-related features of the Service, including those designed to limit copying or reproduction;
• Not to build, or authorise another party to build, a competitive product to the Service;
• Not to recruit or otherwise solicit any user of the Service to join third-party services or websites that are competitive to Pawssum, without our prior written approval;
• Not to bypass any measures we may use to prevent or restrict access to Pawssum (or other accounts, computer systems, or networks connected to the Service);
• Not to use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; and
• Not to directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Pawssum, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of Pawssum; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

Activities that Would Harm Users

• Not to impersonate any person or entity, including any of our employees or representatives;
• Not to engage in any harassing, intimidating, or predatory behaviour, or stalk any other user of Pawssum; and
• Not to contact a user for any purposes other than asking a question related to the Service or a Service Provider.

Activities that Would Violate Law or Third-Party Rights

• Not to violate any applicable local, state, national, and international laws or regulations;
• Not to upload any content that violates the rights of any third parties, including, but not limited to, copyright, trademark, statutory, and other proprietary rights; and
• Not to use the Service for any illegal or unauthorised purpose or engage in, encourage, or promote any activity that violates this Agreement.

Right to terminate your account or block access to the service

Our Right to Terminate Account

We may terminate your account or otherwise prevent you from using the Service at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.

If we terminate your account, you must immediately stop using the Service and you agree not to attempt to regain access to the Service without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.

User's Right to Terminate Account

If you wish to terminate your account with Pawssum, please contact us at support@pawssum.com. In the event of termination of your account, the provisions of this Agreement shall remain in effect.

Our Right to Block Access to the Service

We further reserve the right to block access to the Service to anyone for any reason at any time.

Third-party services and content

We utilise links and other tools to connect users to third-party services and features in order to maintain the Service, such as Twilio, Stripe, and Cognito LLC. (“Third-Party Services”). We have no control over the content or policies of these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or correctness of any third party's content or policies.

Users who access or use a Third-Party Service through Pawssum are solely responsible for complying with the terms and policies of these third parties.

In no event shall a description or reference to a third party's product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.

We also do not operate, control, or endorse any information, products, or services on the Service or accessible through the Service in any way. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other Third-Party Services.

Disclaimer and release

You understand and agree that we make no representations or warranties with respect to the service or any other software referenced in this agreement, all of which are provided “as is” and “as available.” to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express, implied or statutory, including any warranties of title, non-infringement, merchantability, fitness for a particular purpose, availability, accuracy, completeness, security, compatibility, reliability, or otherwise, with respect to all such software.

The name Pawssum is not a quality promise or a guarantee. we do not guarantee that the results that may be obtained from the use of the service will be effective, reliable, fast, instant, or accurate or will meet your requirements. we do not guarantee that you will be able to access or use the service (either directly or through third-party networks) at times or locations of your choosing. we are not responsible for the accuracy, reliability, timeliness or completeness of user content or any other data or information provided or received through the service. we may aggregate data from third-party services, in which case Pawssum disclaims all warranties with respect to such third-party content. except as expressly set forth herein, Pawssum makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information. Pawssum does not warrant that the service will operate error-free, that loss of data will not occur, or that the service or software are free of computer viruses, contaminants or other harmful items.

Our officers, directors, representatives, agents, servants, counsel, employees, consultants, and other personnel authorised to act, acting, or purporting to act on our behalf (the “Pawssum parties”) do not warrant that the service will be error-free or that defects with the service will be corrected. moreover, you expressly agree that your use of the service and any third-party software on the service is at your own risk.

No advice or information, whether oral or written, obtained from us will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, including, but not limited to, any service provider. you understand that we do not make any attempt to verify the statements of users of the service, including, but not limited to, service providers. We make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, including, but not limited to, any service provider, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by us. Because we are not involved in the actual contact between users or in the consummation of service contracts, in the event that you have a dispute with one or more users, you release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We expressly disclaim any liability that may arise between users.

We explicitly disclaim all liability for any act or omission of any service provider, or other third party.

Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Pawssum, its services, and any contact you have with other users of the service or service providers whether in person or online remains with you. Neither Pawssum Pty Ltd nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the agreement or any service contract, from the use of or inability to use the service, from any communications, interactions, or meetings with other users of the service, or other persons with whom you communicate or interact as a result of your use of the service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will our aggregate liability arising out of or in connection with the agreement and your use of the service, including, but not limited to, the pet services or from the use of or inability to use the service or in connection with any interactions with any other users of the service or service providers, exceed the amounts you have paid or owe under your service contract in the one (1) month period prior to the event giving rise to the liability. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply.

Pawssum may be used by you to request pet services and enter into service contracts with service providers, but you agree that Pawssum Pty Ltd has no responsibility or liability to you related to any service contract other than as expressly set forth in these terms. notwithstanding the foregoing, in no event shall Pawssum Pty Ltd's total liability to you in connection with the service for all damages, losses, and causes of action exceed one hundred Australian dollars ($100).

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Pawssum Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from or relating to: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party's intellectual property rights; (iv) your violation of any law, rule or regulation, or the rights of any third party; or (v) any Service Contract, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.

Time limitation on claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Modification

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Notice

We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing Pawssum in an unauthorised manner. You acknowledge that under this Agreement by using the Service you are deemed to have received any and all notices that would have been delivered had you accessed Pawssum in an authorised manner.

Entire agreement

This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

Choice of law

This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New South Wales (“NSW”), and the federal laws of Australia, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenient in any such action.

Force majeure

We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

No waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.