Terms of Booking

1: Acceptance of Terms & Conditions

1.1. Agreement to Terms

These Terms and Conditions of Sale for Booking Vouchers ("Terms") constitute a legally binding contract between you, herein referred to as the "Customer," and Evendo Inc., hereinafter referred to as "Evendo," "Evendo.com," "we," "us," or "our." By initiating a Booking, as defined herein, through the digital platform operated by Evendo ("Platform"), you manifest your unequivocal acceptance and consent to be legally bound by these Terms. If you do not agree with these Terms, we kindly request that you refrain from initiating any Booking via our Platform. It is essential to note that Evendo retains the unilateral right to modify these Terms and Conditions of Sale for Booking Vouchers ("Terms of Sale") at its discretion, without prior notice. All updates to these Terms of Sale will be accessible online for public review. Your commitment shall be exclusively governed by the version of the Terms of Sale to which you expressly agreed at the time of acquiring a Booking Voucher.

1.2. Corporate Domicile

Evendo Inc. is a corporation registered in the United States, with its official registered office located at 2035 Sunset Lake Road, 19702 Newark, Delaware, United States.

Evendo Europe Ltd is a corporation registered in the United Kingdom, with its official registered office located at 1 Canada Square, 37th floor, London E14 5AA, United Kingdom.

2: Definitions

2.1. "Booking" refers to the procurement of a voucher, obtainable through our Platform, granting access to a travel, leisure, or recreational Product, as further detailed herein.

2.2. "Product" pertains to a travel, leisure, or recreational product or service available for purchase on our Platform, and it is provided by a third-party entity referred to as a "Supplier."

2.3. "Supplier" designates an independent provider of products, services, or experiences showcased on the Evendo platform. Suppliers offer a variety of products, including but not limited to tours, accommodations, activities, or tickets, to Customers through the Evendo platform.

2.4. A "Booking Voucher" constitutes a document, available in either physical or electronic form, providing the holder of the Booking Voucher (hereinafter referred to as the "Booking Voucher Holder") the right to receive the Product offered by the Supplier during the period specified on the Booking Voucher (the "Redemption Period"), subject to full compliance with all terms and conditions stipulated by evendo.com on the Booking Voucher.

3: Role of Evendo

Evendo, referred to as "we," "our," or "us," plays a significant role as an intermediary platform, connecting Customers with Suppliers. Our responsibilities and functions within this framework encompass the following:

3.1. Facilitator: Evendo serves as a facilitator through the operation of an online platform where Suppliers can directly or indirectly list their products, while Customers have the ability to browse, select, and make bookings for these products. We oversee the booking process, ensuring that Customers have convenient access to a diverse range of offerings.

3.2. Payment Processing: Upon a Customer's booking, Evendo collects payment information and conducts payment processing on behalf of the Supplier. We act as the limited payment collection agent for the Supplier, receiving payments for the acquired product. Payments are typically processed through credit or debit cards, with the designation on the customer's financial statement indicating "Evendo."

3.3. Booking Management: Evendo provides tools that enable Customers to manage their bookings, including change requests, cancellations, and modifications. These requests are subject to availability and mutual agreement with the Supplier.

3.4. Voucher Processor: Evendo processes vouchers, which serve as documented evidence of a Customer's booking. These vouchers are provided to Customers for redemption with the Supplier. The processing of vouchers is done electronically, and the vouchers are delivered to Customers through their designated communication method. It is essential to note that Evendo does not engage in the sale, supply, or provision of the Supplier's Product; our role is limited to the processing of the Booking Voucher.

3.5. Information Provider: Evendo disseminates information about the products and services offered by Suppliers. We make every effort to maintain the accuracy of this information; however, we disclaim any liability for errors or inaccuracies.

3.6. Customer Support: We offer customer support services to assist Customers with inquiries, concerns, or requests related to their bookings or the use of our platform.

4: Role of the Supplier

The Supplier, also referred to as the "Provider," "Operator," or "Vendor," plays a pivotal role in delivering products, services, or experiences reserved by Customers. The responsibilities and functions of the Supplier within this context encompass the following:

4.1. Product or Service Provider: Suppliers are the entities offering and delivering specific products, services, or experiences featured on the Evendo platform. This scope includes guided tours, hotel accommodations, activities, or event tickets. The Supplier fulfills the following roles:

4.1.1. Serving as the seller, supplier, and/or provider of the Supplier Product or Service.

4.1.2. Acting as the contracting party with the Booking Voucher Holder when the Booking Voucher is utilized.

4.1.3. Assuming exclusive responsibility for delivering the Supplier Product or Service to the Voucher Holder.

4.2. Product and Services Description: Suppliers are obligated to provide accurate and current descriptions of their offerings, including details related to pricing, inclusions, exclusions, availability, and any specific terms and conditions associated with their products.

4.3. Availability: Suppliers are responsible for managing the availability of their offerings to ensure they can meet the requirements of Customers' bookings. In cases where a Supplier cannot fulfill a booking due to circumstances beyond their control, they must communicate with Customers and engage in potential negotiations regarding refund agreements.

4.4. Redemption: Upon Customers presenting their vouchers, Suppliers are responsible for verifying the authenticity of these vouchers, providing the reserved product, and ensuring a satisfactory customer experience.

4.5. Cancellations and Modifications: Suppliers may establish specific cancellation policies, which Customers should thoroughly review before making a booking. In cases where Customers request changes or amendments to their bookings, Suppliers are responsible for accommodating these requests in accordance with their respective policies.

5: Role of the Customer

Customers, addressed as "you" or "your," play a central role in the booking process and the overall experience. Your responsibilities and functions within this framework encompass the following:

5.1. Booking and Payment: As a Customer, you initiate the booking process by browsing and selecting products presented on the Evendo platform. You are required to provide accurate payment information and complete payments for your bookings, typically processed through credit or debit cards.

5.2. Information Accuracy: Customers are responsible for providing accurate information throughout the booking procedure, including contact details. Any inaccuracies in the provided information may affect the booking process or communication with Suppliers.

5.3. Cancellation and Modifications: Customers have the discretion to request alterations or cancellations to their bookings, subject to the terms and conditions stipulated by both Evendo and the Supplier. It is your responsibility to review these policies before making a booking.

5.4. Voucher Redemption: Customers are obligated to present the Voucher processed by Evendo to the Supplier for the purpose of redeeming the booked product or service.

5.5. Compliance: Customers are responsible for adhering to all relevant laws, regulations, and any additional terms and conditions set forth by Suppliers. This includes visa and health requirements for international travel.

It is of paramount importance for all parties involved, including Evendo, Suppliers, and Customers, to understand and fulfill their respective roles and obligations to ensure a seamless and gratifying booking and travel experience. These defined roles and responsibilities are provided for clarity and transparency within the booking process and to maintain a high standard of service and customer satisfaction.

6: Products and Booking Reservations

6.1. Evendo provides the Platform through which you can enter into a contractual arrangement with a Supplier for the acquisition of a Product. It is crucial to emphasize that Evendo does not operate as a Supplier for any Product, and your contractual agreement for the supply of any Product you Book will be established directly between you and the relevant Supplier.

6.2. Concerning each Booking or Reservation, Evendo acts as a disclosed agent, representing the Supplier. A Product listing serves as an invitation for you to make an offer to a Supplier, and we retain the discretion to accept or decline such an offer on behalf of that Supplier. These Terms govern your use of the Services, including your use of the Platform to submit such an offer to a Supplier. However, the provision of the Product you Book is contingent upon the terms and conditions displayed on the Website related to that Product, any information provided to you during the Booking process, and the terms and conditions of the Supplier with whom you have entered into a legally binding contract for the supply of the Product.

6.3. In the event that you make a Booking or Reservation, you undertake to review and be bound by the relevant Supplier's terms and conditions and any other regulations or policies pertaining to the Product, referred to as "Supplier Terms." However, it is crucial to underscore that in cases of conflict between the Supplier Terms and these Terms regarding your legal relationship with Evendo, these Terms shall take precedence. It is important to acknowledge that your interactions with Suppliers are at your own risk. Evendo shall not be liable for the actions, omissions, mistakes, representations, warranties, breaches, or negligence of any Supplier, nor shall we be held accountable for any personal injuries, fatalities, property damages, or any other losses or expenditures that may arise from your interactions with any Supplier.

6.4. Evendo does not operate as a travel agency and neither provides nor owns any Experiences. Although Evendo disseminates information about Products on the Website and facilitates Bookings or Reservations, these actions do not imply any sponsorship or endorsement by Evendo of such Suppliers, nor do they imply any association between Evendo and any Supplier. While Evendo Members may offer ratings and reviews based on their personal experiences with specific Products, Evendo does not endorse or recommend any Products. You hereby acknowledge that Evendo is not accountable for the accuracy or completeness of the information obtained from Suppliers and/or displayed on the Website.

6.5. By making a Booking or Reservation, you affirm that you are at least 18 years of age, possess the legal authority to enter into both this legally binding agreement and a legally binding agreement with the Supplier, have the capacity to use the Services, and have the authority to acquire the Product. Furthermore, you agree that all information provided by you is truthful and accurate. You also commit to using the Platform solely for the purpose of making legitimate Bookings for yourself and/or others for whom you have the legal authorization to act.

6.6. By clicking on the "Confirm" button on the Checkout page, you submit a request to Evendo for the acquisition of a Voucher. The purchase of the Voucher is considered finalized when you receive a confirmation of purchase email from Evendo, inclusive of an electronic version of the Voucher.

7: Payments

7.1. Upon the completion of a Booking or Reservation, Evendo obtains your payment details and conducts payment processing, as detailed in Section 6. In this capacity, Evendo serves as the designated payment collection agent for the Supplier, responsible for collecting your payment on behalf of said Supplier for the relevant Product(s). Full payment via credit or debit card is mandatory for making a Booking, unless otherwise specified. On your financial statement, the payee shall be identified as Evendo.

7.2. The total value of your Booking or Reservations may be subject to taxes, duties, foreign transaction fees, currency exchange charges, or other levies. It is possible that your bank or payment card company may carry out the conversion of the payment into the local currency and impose fees, potentially resulting in disparities between the amount displayed on the Platform and the final amount debited from your account. Evendo advises that you contact your bank or card company if you have any inquiries regarding currency conversion or associated fees that may be applicable.

8: Payment Processing

8.1. In accordance with these Terms, the provision of payment processing services for the Services is facilitated by Evendo Inc., contingent upon the payment method employed for your Booking.

8.2. At evendo.com, we accept the following forms of payment:

• Visa / Visa Electron

• MasterCard

• Maestro

8.3. The currency utilized by Evendo for charging purposes corresponds to the currency disclosed on the product details page at the time of purchase.

8.4. Cardholder Jurisdiction: The cardholder is responsible for any and all additional charges applicable within their respective states and/or country. All legal obligations within the cardholder's state and/or country associated with these types of transactions fall within the purview of the cardholder.

8.5. Authorization and Payment Process: All payments are processed by our third-party payment processor, Stripe. Upon placing a booking or reservation on evendo.com, authorization is promptly obtained, and the transaction is expeditiously submitted to the payment processor.

9: Book Now Pay Later - Reservations

9.1. When making a Reservation, Evendo collects your payment information and initiates an initial pre-authorization on your designated payment method.

9.2. By making a Reservation through Evendo, you explicitly consent to an initial pre-authorization of your payment method, granting Evendo the authorization to adjust the pre-authorization amount on your payment method throughout the period leading up to the fulfillment of the Reservation.

9.3. You hereby authorize Evendo to capture the total value of the Reservation from your payment method on the Reservation fulfillment date.

9.4. You have the prerogative to cancel your Reservation without incurring charges before the Reservation fulfillment date. Following the Reservation fulfillment date, the Supplier's Product Cancellation Terms & Conditions shall govern.

9.5. Should you cancel your Reservation, the pre-authorization placed on your payment method will be revoked.

9.6. Once a Reservation is confirmed, the price of the product or service is locked in, signifying that it remains fixed and unaffected by any future promotions, discounts, or price fluctuations. Your reserved product or service price shall not be subject to alteration, whether upward or downward.

10: Vouchers

10.1. Subsequent to your Booking, you will receive a voucher processed by Evendo on behalf of the Supplier, or any affiliated Agent, via electronic mail, hereinafter referred to as a "Voucher." Each Voucher is issued on behalf of the respective Supplier relevant to the Product you have Booked.

10.2. It is imperative that you present the original and authentic Voucher to the pertinent Supplier for the purpose of redeeming your Product. The redemption of your Booking is contingent upon the presentation of a valid Voucher. It is crucial that you thoroughly review the terms and conditions associated with your Booking to ascertain the specific Voucher presentation requirements mandated by the Supplier.

11: Modifications or Cancellations by You

11.1. Following the acquisition of a Product, you are strictly prohibited from making any alterations or cancellations to your Booking for a refund unless explicitly specified otherwise in the terms and conditions associated with the said Product.

11.2. The standard cancellation policy allows you to request changes to and/or cancellations of a Booking up to 24 hours before the commencement time of the Booking, or, in cases where an Experience does not have a specific start time, the deadline for requesting changes or cancellations will generally be 11:59 pm, two days prior to the commencement date. The timeframes are calculated in accordance with the time zone corresponding to the Experience.

11.3. In the event that any Product is designated as 'All Sales Final' or is accompanied by substantially similar notifications, it is non-refundable, and adjustments or cancellations cannot be made after a Booking has been confirmed. A minority of Products may be subject to varying cancellation policies. In all instances, you must review the cancellation policy outlined in the relevant Product listing at the time of your Booking, as this policy will govern the terms of your cancellation and any potential refunds.

11.4. Requests for adjustments and modifications to a Booking, including requests for changes in dates (collectively referred to as a "Change Request"), must be submitted online through the 'Manage My Booking' section of the Website or through Evendo Customer Support; and (b) if a Change Request is feasible, Evendo will not impose a fee for its execution, provided that the Change Request is received by us by the deadline specified in the Product listing. It should be noted that a Supplier may impose a fee for accommodating a Change Request, and in such cases, you are obligated to pay the fee to enable Evendo to process your Change Request.

11.5. All Change Requests will be processed by Evendo contingent upon the availability and agreement of the relevant Supplier. The success of any Change Request is not guaranteed by Evendo. If the Supplier is unwilling or unable to accept a Change Request, your eligibility for a refund (if applicable) will be determined by the cancellation terms associated with your Booking.

11.6. Should you use a promotion code for your Booking or accept a discounted or special-offer price during the checkout process, making a Change Request after the Booking may invalidate your discount or special-offer price.

11.7. Refunds are not available once an Experience has commenced or for any part of a Product, such as a package, accommodation, meals, or other services that have been initiated.

11.8. To clarify, the following are instances that DO NOT qualify for refunds:

11.8.1. Instances where you have failed to review the Specific Terms and Conditions of the product (located on the product details page or displayed at checkout) or the General Terms and Conditions;

11.8.2. Change of mind (unless such a change of mind and request falls within the specified cancellation periods outlined in the relevant cancellation policy);

11.8.3. 'No-show' or failure to check in on your booking date;

11.8.4. If the Supplier, on whose behalf we advertise the product, fails to honor the terms of the delivery due to your failure to present a booking confirmation at the time of redemption;

11.8.5. Cancellation of a scheduled booking that breaches the terms of the Supplier's cancellation policy;

11.8.6. In situations where the experience did not meet your general expectations (for any reason);

11.8.7. Engagement in a dispute with the business represented by us in advertising the offer.

11.9. If you wish to cancel your purchase of a Voucher, you may do so by contacting Evendo Customer Support at bookings@evendo.com.

11.10. Unless you explicitly communicate otherwise to Evendo in advance, any cash refund will be issued to you via your original payment method. If your original payment method has been voided, expired, or changed in any way, it is your responsibility to promptly inform the customer support team at bookings@evendo.com. Failure to do so, if a refund is issued to your original payment method, may require coordination with your bank or payment services provider to receive the refund, and Evendo will not issue more than one refund.

11.11. Upon receipt of a refund, you have a 30-day window during which you may reject it. Failure to reject the refund within this 30-day timeframe will result in the refund being considered as complete and final settlement of any and all claims you may have against Evendo related to, arising from, or connected with that Voucher.

12: Other Modifications and Cancellations

12.1. Periodically, a Supplier may make adjustments to a Product subsequent to your purchase, including but not limited to changes in the date, price, inclusions, coverage, age requirements, and/or any other features and/or requirements related to the Product. Consequently, Evendo (acting on behalf of the Supplier) reserves the right to cancel, modify, or substitute any Product you have acquired at any time and for any reason. In cases where the change initiated by the Supplier qualifies as substantial (e.g., a change in dates and/or a significant modification to the itinerary), and you find the alternative offered unsatisfactory, you shall be eligible for a full refund of the initial purchase price.

12.2. We may, at our sole discretion, determine that it is necessary or desirable for the protection of our interests, the interests of the Supplier, and/or your interests to suspend our Services, thereby superseding the Product's cancellation policy and resulting in the cancellation of a Booking. In our sole discretion, we may also decide to arrange a refund to you, either partially or in its entirety. You acknowledge and agree that we and the relevant Supplier shall bear no responsibility for such cancellations or refunds.

12.3. Pricing and Availability: All bookings presented on Evendo are subject to availability. We retain the right to modify prices for any booking at any time moving forward (provided that no such price modification will affect a booking or reservation that has already been submitted). We reserve the right to rectify pricing errors, typographical errors, inaccuracies, or omissions that may occur inadvertently. Furthermore, we reserve the right to revise or update information without prior notice.

13: Passports, Visas & Insurance

13.1. At the time of making a Booking, it is your responsibility to ensure compliance with all foreign entry requirements and that your travel documents, such as passports and visas, are in proper order.

13.2. You should consult the relevant embassy or consulate for information on applicable passport and visa requirements. These requirements are subject to change at any time, and it is your responsibility to verify the most up-to-date information before making a Booking and prior to your departure. Evendo assumes no liability for individuals who are denied entry onto a flight or into any country, even if such entry is solely for transit en route to their final destination.

13.3. As visa and health prerequisites are subject to change without prior notice, Evendo advises you to cross-verify health and visa requirements with the respective consulate prior to your departure. It is also your responsibility to consult with your medical practitioner to receive the latest recommendations regarding vaccinations for international travel and to ensure that you satisfy all health entry conditions and adhere to all medical guidance pertinent to your journey.

13.4. Prior to departure, Evendo strongly recommends the acquisition of a comprehensive travel insurance policy to safeguard your Product purchase. In the event of trip cancellation or significant alterations to travel dates, your travel insurance policy may cover the costs of cancellation fees and associated expenses. It is essential to meticulously review the terms and conditions of your travel insurance policy.

13.5. Although the majority of travel, including international travel, is completed without incident, travel to certain destinations may carry higher risks than others. Evendo encourages customers to research and examine travel restrictions, alerts, notifications, and recommendations disseminated by the United States Government and the governments of destination countries prior to booking travel to international destinations.


14: Our Liability

14.1. Please carefully review this section as it delineates the limitations of liability imposed by Evendo on you in connection with your utilization of the Services. If you find any ambiguity in the language used in this section or elsewhere within these Terms of Use, it is strongly advised that you seek legal counsel to ensure clarity before accessing or utilizing the Services.

14.2. The information, content, software, platform, and services provided by Evendo may, on occasion, contain inaccuracies or errors, including those associated with reservation availability and pricing inaccuracies. The "Evendo Group Companies," which include Evendo, its parent company, subsidiaries, and corporate affiliates, disclaim any responsibility and make no representations regarding the accuracy of such information and descriptions of products and other services. This encompasses, but is not limited to, pricing, availability, visual representations, features, inclusions, exclusions, general product descriptions, reviews, and ratings. Furthermore, Evendo explicitly reserves the right to rectify any errors in availability and pricing or on bookings made at an incorrect price.

14.3. The Evendo Group Companies make no assertions concerning the suitability of the information, content, software, platform, products, and other services for any particular purpose. The inclusion or offering of any products or services does not constitute an endorsement or recommendation of such products or services by the Evendo Group Companies. All such information, content, software, platform, products, and services are provided "as is," without any warranties. The Evendo Group Companies disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a specific purpose, title, and non-infringement. To the maximum extent allowed by law, Evendo hereby disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

14.4. Suppliers act as independent contractors and are not representatives or employees of any of the Evendo Group Companies. The Evendo Group Companies shall not be held accountable for the actions, errors, omissions, representations, warranties, breaches, negligence, or misconduct of such suppliers. This includes personal injury, death, property damage, or any other damages or expenses arising from or connected to any booking or use of a product. The Evendo Group Companies shall not be responsible for delays, cancellations, overbookings, strikes, force majeure events, or other causes beyond their immediate control, and they assume no responsibility for additional expenses, omissions, delays, re-routing, or actions of any government or authority.

14.5. Under no circumstances shall the Evendo Group Companies (or any of their officers, directors, or affiliates) be held liable for direct, indirect, punitive, incidental, special, exemplary, or consequential damages. These damages may encompass, without limitation, data or information loss, or costs incurred in obtaining substitute goods or services. Such liability may arise from or be associated with a product, a booking, or your access to, display of, or use of the Services. This liability may arise under theories of negligence, contract, tort, strict liability, or any other legal theory, even if Evendo has been informed of the possibility of such damages.

14.6. In the event that any Evendo Group Company is found liable for any loss or damage arising from your use of the Services or a booking or use of a product, their cumulative liabilities will not exceed the greater of (a) the amount paid to Evendo for the booking giving rise to the claim, or (b) one hundred dollars (US $100.00).

14.7. The limitations on liability as delineated in this Section 14 represent the allocation of risk between the parties. These limitations, as stipulated in this Section, will remain in effect and apply even if any limited remedy specified in these Terms of Use is found to be ineffective in its essential purpose. The limitations of liability as outlined in these Terms of Use are for the benefit of the Evendo Group Companies.

15: Your Liability

15.1. You undertake the responsibility of defending and indemnifying Evendo and the Evendo Group Companies, along with all of their respective officers, directors, employees, and agents, from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs, and any other liabilities of any kind or nature. This includes, but is not limited to, reasonable legal and accounting fees, and it arises out of or is related to:

a. Your breach of these Terms of Use or the documents referenced herein.

b. Your violation of any law, rule, regulation, or guideline.

c. Your infringement, violation, or misappropriation of the rights of a third party, including but not limited to any rights of publicity or privacy.

d. Your use of the Services (including the Website).

e. Your booking or use of any product.

f. Your negligence or willful misconduct.

16: General Provisions

16.1. You acknowledge and consent that no joint venture, agency, partnership, or employment relationship is established between you and any of the Evendo Group Companies as a consequence of these Terms of Use or your use of the Services.

16.2. The performance of these Terms of Use by Evendo is subject to prevailing laws and legal procedures. Nothing in these Terms of Use restricts Evendo's capacity to comply with law enforcement, governmental, or legal requests or requirements pertaining to your use of the Services or information gathered by Evendo in connection with such use. To the extent permissible under applicable law, you agree to bring any claim or cause of action stemming from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.

16.3. If any portion of these Terms of Use is deemed invalid or unenforceable in accordance with applicable law, including but not limited to the warranty disclaimers and liability limitations outlined above, then the invalid or unenforceable provision will be substituted with a valid, enforceable provision that most closely aligns with the original provision's intent. The remaining provisions in these Terms of Use shall remain in effect.

16.4. These Terms of Use, in conjunction with any other terms and conditions referenced herein, constitute the entire agreement between you and Evendo regarding the Services, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Evendo concerning the Services. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings on the same terms and conditions as other business documents and records originally generated and maintained in printed form.

16.5. Any rights not explicitly granted in these Terms of Use are reserved.

17: Miscellaneous

17.1. If you breach these Terms of Sale and evendo.com does not take immediate action, it does not imply that evendo.com has waived its rights and remedies concerning your breach. Evendo.com may still take action or exercise its rights and remedies in response to your breach or any other situation in which you fail to meet your obligations under these Terms of Sale.

17.2. Unless otherwise specified within these Terms of Sale, notices to either party shall be in writing and delivered by electronic mail (except if you are sending a notice to evendo.com for the purpose of legal process) or by prepaid postal mail. Any notice that Evendo sends to you will be addressed to the email or physical address you provided to Evendo when you registered for your Evendo account. You can send notices to Evendo at the registered office address as specified in section 1.2.

17.3. If any provision of these Terms of Sale is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale will not be affected. Any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that closely achieves the economic effect contemplated by the invalid or unenforceable provision.

17.4. The Services are provided by a U.S. entity, and these Terms of Use are governed by the laws of the Commonwealth of Delaware, USA. You consent to the exclusive jurisdiction and venue of courts in Newark, Delaware, USA, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising from or related to the use of the Services. You agree that all claims you may have against Evendo arising from or related to the Services must be heard and resolved in a court with competent subject matter jurisdiction located in Newark, Delaware.

17.5. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph. However, this provision does not apply if the laws of your country of residence require the application of another law and/or jurisdiction, and this requirement cannot be excluded by contract.