Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.
- STATUS OF THE COMPANY AND YOU
- The term ‘Advetaya Business Consultant Private Limited‘ or the ‘Company’ or ‘us‘ or ‘we‘ or ‘our’ refers to the owner of the Website offering financial products provided by third party lenders (hereinafter referred to as “Service Providers”).
“You”, “your”, “yours” and “User” are references to you, a natural or legal person which unless the context otherwise require shall and include your legal heirs, receivers, successors, administrators and permitted assigns, accessing this Website.
- CONTRACT BETWEEN THE COMPANY AND YOU
- The contract is between the Company and you which shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. This will be further subjected to terms and conditions of the agreement between the User and Service Providers (defined below). In the event of any conflict between the terms and conditions of specific Products (defined below) and these Terms, the terms and conditions specific to such Products shall prevail.
- The Website enables Users to browse and connect with different Service Providers to understand and avail financial products (collectively, hereinafter referred to as “Products“) from such Service Providers (“Services”). The Company is not a financial institution (i.e. is not a bank, a lender or credit card issuer).
- To subscribe to the Services through the Website, you must register for and maintain an active account which will be referred to as an “Account”. To obtain an Account, in case of an individual, you confirm that you have attained 18 years of age and understand the implications of these Terms and form a binding contract and requires you to submit certain information, such as the name, address, mobile number, age, bank account related information to the Company. In case of an entity including a company, limited liability partnership or sole proprietorship, Account registration requires you to submit certain information, such as the name, address, mobile phone number, bank account related information to the Company. Further, In order to use the Services on our Website, a User is required to submit the following documents:
- KYC Documents (as applicable);
- Permanent account number (“PAN”);
- Income tax returns for the previous financial year;
- Bank statements;
- Balance sheet for the previous financial years;
- Property or Vehicle Documents (as applicable);
- Audit report;
- GST returns;
- Any other business / individual documents as may be required to assess your eligibility to the financial products being offered by our Service Providers on our Website.
(collectively referred to as the “Documents”).
- Your use of the Services and the features may require the collection and transmission of User Information and Documents in order to provide you with the functionality of the Service. You authorise the Company to transmit your information to third party vendors or Service Providers in order to authenticate the information provided by the Users, process the data and check it against the eligibility criteria of the Service Providers or provide you with personalised rates, quotes and offers of Products. You understand and agree that the submission is in the form of an application of credit for a Service Provider’s Products. While making the application, you may also provide written instructions in accordance with applicable laws, for the Company, Service Providers or service providers to conduct a credit inquiry.
- The information provided by you may be checked by third party vendors or service providers including credit service organization for analytical purpose, central “Know Your Customer” data registries and other “Know Your Customer” repository services, data storage agencies which may be third party service providers that may check the information provided by you and: (i) verify that the information you provided is true and accurate, including the verification of your identity; (ii) assessing your credit history and credit score for the purpose of identifying products or services that you may be interested in or that you may prequalify for on an ongoing basis; and/or (iii) matching you with specific Products, other third parties and any Products, offers or promotions on an ongoing basis.
- You agree to operate the Account as per the Terms. The Account must contain accurate, complete, and up-to-date information. You agree and understand that we shall not be liable for the authenticity of Account details provided by you. Failure to comply may result in your inability to access and use the Account or termination of these Terms with you.
- All activities that occur under your Account are deemed as your activity. You agree to maintain the security and secrecy of your Account username and password at all times. You may possess only one Account, unless otherwise permitted in writing by the Company. The Website will not be responsible for any activity arising due to mishandling of your Account either by you or by any other person (owing to your negligence). You will notify us of any unauthorized access to your Account. The Company will not be liable for any losses caused by any unauthorised use of your Account.
- If the Company has reason to believe that there is likelihood of a breach of security or misuse of the Website, we may require you to change your password for your Account or we may suspend your Account without any liability to us and without any prior notice to you. Without prejudice to the above, we reserve the right to recover from you any and all damages, losses or costs that are levied on or suffered by us or our Service Providers or our third party vendors due to misuse of your Account whether due to reasons attributable to you or not. We shall not be held liable in any manner whatsoever to anyone for any misuse of your Account by any person with or without your consent or authority.
- The Website is a platform that connects Users with various Service Providers relating to the Products. The Website is not and cannot be a party to or control in any manner any interaction or transaction occurring between the User and the various Service Providers.
- The various Service Providers providing the Products to the Website on an “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties for a particular Product or service. NO RECOMMENDATION OR PROFESSIONAL ADVICE
- We are not providing you any advice or recommendations about any specific Product or service. Instead, what we do is provide you as much information about the Products or services based on the information you provide to us or authorise us to get so that you can compare your options and make the right choices for yourself. We encourage you to seek advice from a financial professional or other professional who may have more information about your specific financial needs and circumstances. The User is advised to exercise due caution and/or seek independent advice before entering into any arrangement or financial obligation based on the Content contained on this Website.
- Nothing provided on the Website or through our Services should be construed or interpreted as professional advice or recommendations (i.e. we are not providing any financial, tax, or legal recommendations or advice or other professional advice). We are not liable to you for any advice provided to you by Service Providers or other third parties you may link to from our Website. We encourage you to consult a financial service provider, tax or legal professional to help you make any decisions associated with the use of the Service or the Products or services provided by Service Providers.
- This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The User can opt out from such communication and/or newsletters by placing a request for unsubscribing by sending an email to email@example.com.
- You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties, and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
- USER’S RULE OF CONDUCT
- You agree and accept that the use of the Website provided by the Company is at your risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied as to accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
- You shall ensure that you strictly adhere to the following conditions when utilising the Website:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is misleading in any way;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- interferes with another User’s use and enjoyment of the Website;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Provider (hereinafter referred to as “ISPs”) or other suppliers.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any User, including details of Accounts not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You shall not use the Services or Website in any manner that could damage, disable, overburden, block or impair any of the server connected to the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.
- You may not reverse engineer, decompile and disassemble any software used to provide the Services.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
- Solely to enable us to use the information so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information including testimonials, images, text, audio or other materials that you submit
(“User Content”). By submitting your User Content, you grant us the right to use your name and image in association with User Content, if we so choose. Further, to the fullest extent permitted under applicable laws, you waive your moral rights in the content and promise not to assert such rights against us, our sub-licensee or assignees. You represent and warrant that the User Content you provide: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system.
- You will indemnify and hold the Company, its employees, agents, directors, representatives, contractors and other officers harmless from any and all claims resulting from the User Content.
- If you submit ideas, suggestions, documents and/or proposals (“Ideas”) to the Company, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in future and throughout the universe without any obligation or payment. You understand that the Company may have something similar to the Ideas under consideration or in development.
- The comments or responses that the Company posts under its official account are not provided, reviewed or endorse by any Service Provider or service provider unless specifically stated otherwise in the response. Please keep in mind that the Service Provider or service provider has no obligation to monitor any of the comments, questions or reviews posted (yours or ours), and is therefore, not responsible to ensure that your posts and/or questions are answered.
- The Website does not charge any fee for browsing andrequesting for information on the Website. However, if any Services are availed on the Website i.e. the User receives any Products or services from the Service Providers or third party vendors on the Website, then the Company charges a specified amount from you for the Services being provided on its Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to the Company at time of payment of invoice. You also agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
- The Website may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and the sellers and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
- When any payment is being made on the Website, the Company shall not be responsible or liable whatsoever in respect of any loss or damage arising directly or indirectly to the User due to any lack of authorization for any transaction, unauthorized/illegal use of account, exceeding the pre-set limit mutually agreed by and between the User and the bank or any payment issues arising out of the said transaction. The processing of payments in connection with your use of the bank payment facilities will be subject to the terms, conditions and privacy policies of such payment facilitators and the Company shall not be liable or responsible for any activities that you undertake with the bank or payment facilitators..
- ACCOUNTS, OFFERS AND PROMOTIONS
- The Company reserves the right to collect your data including name, contact information and other details to facilitate services. All information collected from you is on a bonafide basis.
- Misrepresentation of identity or contact details by you will lead to automated termination of services without prior notice to you.
- Your accounts bearing contact number and email IDs are created and owned by the Company.
- In case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. The Company reserves the full discretion to suspend your account in the above event and does not have the liability to share any account information whatsoever.
- The Company, at its sole discretion, may make available offers and promotions with different features to you.
- The Company encourages you to notify in writing within 24 (twenty four) hours of any dissatisfaction or complaints that you may have regarding the services relating to the Products in order to enable the Company to improve.
- LINKS TO THIS WEBSITE
- You may not create a link to any page of this Website without the Company’s prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
- LINKS TO THIRD PARTY SITES
- The Company may allow you access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s website. The Company does not monitor or review the content of other party’s Websites which are linked to from this Website. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites.
- The Company believes that you acknowledge that the Company has no control over such third party’s site, does not monitor such sites, and the Company shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
- These Terms apply to the Website, collectively with any additional terms and condition that may be applicable when accessed by you. In the event of a conflict or inconsistency, the provisions of the Terms shall be applicable.
- AMENDMENT TO TERMS
- The Company may change, modify, amend, or update these Terms from time to time without any prior notification to you and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the Website. Your continuous use of the Website will signify your acceptance of the changed terms.
- INTELLECTUAL PROPERTY RIGHTS
- Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Website on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and non-commercial use. Any rights not expressly granted herein are reserved by the Company.
- The Company is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The Website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its content shall remain with the Company, its affiliates or licensor’s of the Company content, as the case may be.
- The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. The Company does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from the Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Website.
- We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this Website is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User. In no event shall the Company be liable for any direct, indirect, financial, exemplary, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Website. You hereby acknowledge that any reliance upon any content shall be at your sole risk.
- The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website. All related icons and logos are registered trademarks or trademarks or service marks of the Company in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All content on this Website is the copyright of the Company except the third party content and link to third party website on our Website.
- Systematic retrieval of the Company content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited.
- In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of the Website, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate the account of yours upon any infringement of the rights of others in conjunction with use of the Company service, or if the Company believes what you are conducting is harmful to the interests of the Company, its affiliates, or other Users, or for any other reason in the Company’s sole discretion, with or without cause.
- The User shall indemnify the Company, its directors, employees, agents, representatives, contractors and other officers from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which the Company may incur or sustain directly or indirectly from or by any reason of or in relation to: (i) your use or proposed use of the Services being provided on the Website, including any data or content transmitted r received by you ; (ii) your violation of the Terms including without limitation your breach of any of the representations and warranties; (iii) your violation of any applicable laws; (iv) your violation of any third party rights, including without limitation any right of privacy or intellectual property rights; (v) any claim or damages that may arise as a result of User Content or any User Content that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other security code and shall immediately and without any delay pay such sums on demand. This provision will survive the termination of these Terms. The Company reserves the right but not the obligation, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with our defence of such claim.
- The information contained in this Website is for general information purposes only. The information is provided by the Company and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- In no event will the Company be liable for any loss or damage including without limitation, indirect, punitive, exemplary, financial or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit, goodwill, revenue arising out of, or in connection with, the use of this Website.
- Through this Website you may be able to link to other Websites which are not under the control of the Company. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Every effort is made to keep the Website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
- The Products offered through the Website by the Service Providers do not in any way imply, suggest, or constitute any sponsorship or approval of the Company of the said Products and their terms and conditions. You further expressly agree that we are in no way responsible for the acts, omissions, errors, representations, warranties, breaches or negligence of the Service Providers.
- In addition, we make no representation nor warrant, endorse, guarantee, or assume responsibility for any other product or service advertised, promoted or offered by a third party including the Service Provider on or through the Website, or featured in any banner or other advertising.
- The Company, and its representatives, officers, employees, agents and contractors shall not be responsible or liable for any loss or damage, howsoever caused or suffered by you arising out of the use of the Website offered by the Company or due to the failure of the Company to provide the Website for any reason whatsoever including but not limited to your non-compliance with the Website instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems.
- The Company, and its representatives, officers, employees, agents and contractors will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- The Company, and its representatives, officers, employees, agents and contractors will exclude all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business, goodwill, revenue or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential, exemplary, punitive, financial and incidental damages.. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
- Notwithstanding anything in these Terms, the total liability for damages actually incurred by you shall be limited to the amount paid by you to the Cpompany or Rs. 1,00,000/- (Rupees One Lakh Only), whichever is greater. The aforesaid applies to all liabilities in the aggregate, including but not limited to, liabilities arising out of use of the Website or the Services, any other subject matter arising out of or in relation to the use of the Website or the Services.
- This provision will survive the termination of these Terms.
- GOVERNING LAW AND ENFORCEMENT
- Governing Law and Jurisdiction
- These Terms and related agreements (unless otherwise specified) shall be governed by and construed in accordance with the laws of India. The Parties agree to submit to the exclusive jurisdiction of the Courts located in Bengaluru, India as regards any claims or matters arising under or in relation to these Terms.
- Any Party (hereinafter referred to as “Claimant”) which claims that a dispute has arisen out of or in connection with the existence, validity, interpretation or implementation of these Terms (hereinafter referred to as “Dispute”), must give a written notice (hereinafter referred to as “Dispute Notice”) thereof to the other Party(ies) as soon as reasonably practicable after the Claimant has become aware of the occurrence of the event, matter or thing which is the subject of such Dispute. The Dispute Notice shall specify the circumstances and nature of such Dispute and of the Claimant’s claim(s) in relation thereto to resolve such Dispute through conciliation. For this purpose, the Parties shall, within 7 (seven) Business Days from the date of receipt of the Dispute Notice, designate one of their respective senior executive (or an individual who is an expert in the respective field of Dispute, in case of natural Person) as its representative for negotiations relating to the Dispute, which designated senior executive and/or the designated individualmust have the authority to settle the Dispute.
- If, within 30 (thirty) Business Days from the date of receipt of the Dispute Notice by the other Party(ies) (hereinafter referred to as “Negotiation Period”), the Dispute is not resolved, the Dispute shall be referred to and finally resolved by arbitration presided by a sole arbitrator. The Claimant and the other Party(ies) shall jointly appoint the arbitrator within 10 (ten) Business Days from the expiry of the Negotiation Period. If the sole arbitrator has not been appointed in the manner set out above, then the sole arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
- All proceedings in any such arbitration shall be conducted in English and shall be in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
- The venue of the arbitration proceedings shall be Bengaluru.
- The arbitration award shall be final and binding on the Parties, and the Parties agree to be bound thereby and to act accordingly. The cost of arbitration shall be borne in the manner and by the Party as determined by the sole arbitrator.
- Notwithstanding any provision to the contrary in these Terms, a Party may apply to any court of competent jurisdiction to seek protective orders, including injunctions and interim relief against any other Party.
- In the event more than 1 (one) arbitration proceedings have been commenced between a Claimant and other Party(ies) and if the Claimant and other Party(ies) agree that there are common causes of action arising out of the Disputes, the Claimant and the other Party(ies) to the arbitration proceedings shall request the sole arbitrator to consider having a consolidated arbitration proceeding to resolve the Dispute. The sole arbitrator appointed by the Claimant and other Party(ies) shall decide on the procedure to be adhered to for constituting such consolidated arbitration proceeding.
- Governing Law and Jurisdiction
- Unless otherwise provided herein, all legal notices or other communications under or in connection with these Terms shall be given in writing and may be sent by personal delivery or post or courier or email. Any such notice or other communication will be deemed to be effective, if sent by post or courier, when received by the Party to whom it is addressed and if through email, on receipt of a confirmation from the email address firstname.lastname@example.org.
The address referred to hereinabove are:
Flat No G-3, Ground Floor, Royal Manor No 70/1 Sampangi Ramaswami Temple Road (Cunningham Road) Bangalore Karnataka 560052 India
- Most content and some of the features on the Website are made available to visitors free of charge. However, the Company reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular you without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the Website. The Company reserves the right to limit, deny or create different access to the Website and its features with respect to you, or to change any of the features or introduce new features without prior notice. You agree and understand that the Company shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Website.
Our failure, delay or omission to exercise or enforce any rights or provisions of these Terms will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
- NO PARTNERSHIP OR AGENCY
The Terms shall not be construed so as to create a partnership or joint venture between you and us. Nothing in the Terms shall be construed so as to constitute you and us as agents of one another. Further, we and the Service Providers act on principal to principal basis and do not have any relationship in any form including by way of partnership or joint venture or as agents or otherwise,
- SPECIFIC PERFORMANCE
You and us agree that damages may not be an adequate remedy and that either of us shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the other, from committing any violation or enforce the performance of the covenants, representations and obligations contained in the Terms. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Parties may have at law or in equity, including without limitation a right for damages. This provision will survive the termination of these Terms.
- NON-EXCLUSIVE REMEDIES
The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any of us may otherwise have at law or in equity. The rights and remedies of any of us based upon, arising out of or otherwise in respect of any inaccuracy or breach of any representation, warranty, covenant or agreement or failure to fulfill any condition shall in no way be limited by the fact that the act, omission, occurrence or other state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement as to which there is no inaccuracy or breach. This provision will survive the termination of these Terms.
- RIGHTS OF THIRD PARTIES
Nothing expressed or implied in the Terms is intended or shall be construed to confer upon or give any person, other than you and us hereto any rights or remedies under or by reason of the Terms or any transaction contemplated by the Terms. This provision will survive the termination of these Terms.