This Agreement (defined hereinafter) was last updated on [March 1st 2017]. This Agreement is effective as of [March 1st 2017]
This document is an electronic record in terms of Information Technology Act, 2000 and the Rules made there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
KASOVA VENTURES PRIVATE LIMITED, A company incorporated under the provisions of the Companies Act, 2013 having its registered office at 4, 1st Floor, bage Firdos, Shreeji Estate Nagarvel Hanuman Road, Amaraiwadi, Ahmedabad Ahmedabad GJ 380026 IN (hereafter referred to as "We", "Us", or "Our" and which term shall include its legal representatives and assignees) is the owner of the Website (defined hereinafter).
We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Agreement, at any time without any prior notice. It is your responsibility to review the Agreement periodically for updates / changes. Your continued use of the Website following the posting of revised Agreement in future shall mean that you accept and agree to the revisions. As long as you comply with the Agreement, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to this Agreement. In those cases, the terms specific to the special feature control to the extent there is a conflict with this Agreement.
If you disagree with all or any portion of the Agreement, your sole remedy is to discontinue your access of the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO THE TERMS STATED HEREIN, SO PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING.
For purposes of this Agreement, the following words and expressions when capitalised and used anywhere herein, shall have the following meanings assigned to them:
“Account” means the unique password protected login identity of the User on the Website, used to become a Registered User and identify himself or herself on the Website.
"Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service, including without limitation photographs, text and reviews, to the extent not posted or uploaded on the Website by us.
“Registered User” means any natural or artificial person who has completed the Registration Process. A registered user may be a Seller of a Product or a Service to a Buyer who will be the ultimate consumer of the said Product or Service through this website.
“Registration Information” means the information about the User sought by Us during the Registration Process and either provided by the User directly on the Website, or as captured by us through the User’s profile on www.Facebook.com or www.Google.com after seeking authorization from the User.
“Seller” means those Registered Users who offer Services to the Buyers through this Website and execute/deliver the same.
“Service” means and includes all products, Content, software, data feeds and services provided to you on, from, or through the Website by any of the Seller (collectively the "Services")
"User", "You", “Your”, mean any natural or legal person who accesses the Website, including a Registered User and shall include your attorney or a person authorized to act on your behalf.
“Website” means the ‘www.fixpocket.com Website and mobile application (accessible solely through Google PlayStore and Apple Store), including the classified advertisements, forums, various email functions and Internet links, and all Content and Services available through the domain and sub-domains of www.fixpocket.com
The following rules of interpretation shall apply in this Agreement unless the context requires otherwise and/or is expressly specified otherwise:
a) a reference to the Agreement shall be construed to include all the Policies stated herein;
b) the singular includes the plural and conversely;
c) a gender includes all genders;
d) terms “hereof”, “herein”, “hereby”, “hereto” and derivative or similar words refer to the entire Agreement or a specified clause in the Agreement, as the case may be;
e) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
f) references to the word “include” or “including” shall be construed to mean without limitation;
g) a reference to a “Clause” is to a Clause of the Agreement
h) a reference to any legislation or Applicable Law or to any provision of any legislation or Applicable Law includes any modification, replacement, amendment or re-enactment of it, any legislative provision substituted for it or any rules, regulations, notifications, Orders, directions, press notes and circulars issued and framed there under, and any reference to statutory provision shall include any subordinate legislation made from time to time under that provision;
i) mentioning anything after include, includes or including does not limit what else might be included;
j) the headings, bold typeface, index and titles in the Agreement are indicative and are only for convenience, and shall not be taken into consideration for the purpose of construction or interpretation of the Agreement;
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents. We reserve the right to block, ban or terminate your Account and / or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
4. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
For Offering your Services and Products to the Buyers accessing on the Website, it is mandatory for you to become a Registered User. You agree to provide true, accurate and complete Registration Information as prompted during the Registration Process and to update the Registration Information to maintain its truthfulness, accuracy and completeness at all times. The registration can only happen through our portal by creating an account or signing up using Facebook, Google or LinkedIn accounts.
You agree that if you provide any information or post any Content that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Agreement, we shall have the right to indefinitely suspend or terminate or block access of your Account on the Website and refuse to provide you with access to the Website. Your Account is for your own personal use, and you shall not permit anyone else to use your account. You agree to immediately notify us of any unauthorized use of your Account.
If requested by us, you agree to provide us with such identification documents (including copies of ID, passports and driver's licenses) or other information as may be needed or requested by us.
a. Listing of Services and Taking of Orders:
Any person using the Website/ Mobile Application can place the Orders with the Registered User. The Website/ Mobile Application shall purely act as an aggregator for services offered by the Registered Users and that the Services offered on the Website/Mobile Application are the Services offered by the Registered User and not the Website/ Mobile Application. The Registered Users can list the Services on the Website by choosing the appropriate category for their Services which is available on the website. The Registered user can provide only those Services that are listed on the Listings (‘Beats’). No cross Beat Services shall be allowed to any of the User. In an event where a User provides Cross Beat Services, strict action shall be taken against such a user. We reserve the final discretion on the decision pertaining to any issues relating to the Beats, Services or Payments. Our decision on the same shall be final.
b. Delivery Periods, Logistics and Cancellation Policies:
The Registered User shall set the timelines for delivery of the Services and Products and display the same on the Beats. The User shall display realistic and achievable timelines and strive to adhere to it. Any delay in the deliverable time shall be the sole responsibility of the Registered User and that it is acknowledged by him that the same may result in delisting his Beats or any such action that we decide to take against such Users. All the services that will be mentioned on our portal will be delivered through our communication platform (Messaging system) provided on Website. However if the user is not able to deliver on our portal he/she has to mention so in their listing. The Buyer can cancel the Services before the User accepts the Order. The Buyer shall have an option of giving ratings on the basis of the Services provided to him by the User. On the basis of such ratings the Registered User shall be promoted to higher levels which may entitle him for additional incentives.
The Buyer shall make the payments for the Services using the payment getaways integrated with the Website. We shall retain the amount paid by the Buyer till the delivery of the Services and verification of the same. On completion of the verification, the same shall be transferred to the concerned User after deducting 20 per cent of the said amount and retaining the same. In case of Cancellation of the Services as per this Agreement, the said amount shall be re-credited to the Buyers Account.
6. USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS
We hereby grant you permission to access the Website provided that:
a) You agree not to distribute in any medium any part of the Website without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Website.
b) You agree not to act in any manner, an action which constitutes an offence, violation, breach under the existing laws and any such other action which shall endanger or cause any damage to Us or the website or both.
c) You agree not to access the Website through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means we may designate.
If you access the Website through our mobile application, you agree that it may automatically download and install updates from time to time. These updates are designed to improve, enhance and further improve your experience and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you).
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Content, Services or Information. We reserve the right to discontinue any aspect of the Service at any time.
Although it is our intention for the Website to be available as much as possible, there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, we reserve the right to remove any Content from the Website for any reason, without prior notice. Content removed from the Website may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your Content. In other words, we are not a backup service and you agree that you will not rely on the Website for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
7. CONTENT, INTELLECTUAL PROPERTY AND CONTENT RULES
You understand and agree that the Website is a Content, Services and Information sharing platform. All advertisements and the Content therein are advertised and listed by Users and / or third parties. We neither originate nor initiate the transmission nor select the sender and receiver of the transmission nor select nor modify the information contained such transmission. We have no control over the third party generated Content or Content posted by Users. We shall however, screen or filter any Content submitted on the Website.
As a User of the Website, you may have the opportunity to post or transmit Content on the Website. You are solely responsible for any Content you post on the Website or transmit to other Users, and once posted or transmitted, Content cannot always be withdrawn. We act only as a passive conduit for your online distribution and publication of Content.
You agree that as a Registered User of the Website and the Seller of Services, you shall not host, display, upload, modify, publish, transmit, update or share any information or Content:
a) belongs to another person and to which you does not have any right to;
b) which 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;
c) which harm minors in any way;
d) which infringes any patent, trademark, copyright or other intellectual proprietary rights;
e) which violates any law for the time being in force;
f) which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) which impersonate another person; will not post on the Website, transmit to other Users, communicate any content (including links to content);
h) which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) which 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
j) which is false, inaccurate or misleading;
k) which violates the privacy of any person;
l) by trespassing any persons property;
m) which directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
n) which shall create any liability for us or cause us to lose (in whole or in part) our Buyers;
We reserve the right, but have no obligation, to remove any Content, information, Service, Product and material that in our sole opinion is in violation this Agreement, any laws in force or is determined to be inappropriate for any other reason.
We reserve the right to take appropriate actions, including, but not limited to terminating Accounts of Registered Users or blocking the Registered Users with certain IP addresses from accessing the Website and the Services. You are prohibited from violating or attempting to violate any security features of the Website or the Services, including, without limitation:
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Services, the Website, or to breach security or authentication measures without proper authorization
(c) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," “crawling” or "crashing;";
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
(e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Website or Services.
Any violation of system or network security may subject you to civil and/or criminal liability.
You assume all risk when using the Website, including, but not limited to, all of the risks associated with any online or offline interaction with other Users. You agree to take all necessary precautions when interacting with other Users.
Your use of the Website and the Services, including, but not limited to, the Content you post and Services you offer on the Website, must be in accordance with all applicable laws and regulations.
By providing information to, communicating with, and/or placing Content on, the Website, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, you represent and warrant that:
a) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Agreement;
b) all information you provide is true, accurate, current and complete, and does not violate this Agreement; and,
c) the Content shall not cause injury to any person or entity.
For all your Content, Services on the Website, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share your Content, Services across all our affiliated websites, to include the information in a searchable format accessible by users of the Website and other affiliated websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. You agree that we may, at our sole discretion, publish your Content, Services on the Website and across social media including Facebook, Twitter, Pinterest, Instagram and similar platforms.
You understand that when using the Website, you will be exposed to Information, Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Information, Content. You further understand and acknowledge that you may be exposed to such Information, Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Website, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website.
As you view the Website, you may notice links to third-party Websites. These links are for convenience only. If you use these links, you will leave this Website. Certain of these linked Websites may make use of our proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from us. We are not responsible for the availability or content of these other Websites or for any viruses or other damaging elements encountered in linking to a third-party Website. In addition, providing links to these Websites should not be interpreted as endorsement or approval by us of the organizations sponsoring such third-party Websites or their products or services. Services from such third-party Websites should be availed at your sole discretion and we shall not, in any manner, be responsible for acts of such third-parties. The terms of this Agreement do not apply to any other Websites.
The Website also contains content owned or licensed by us. Such content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us. We own and retain all rights in such content. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying such content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit such content.
The ‘Fixpocket’ name and logo are our registered trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are our intellectual property and may not be copied, imitated or used, in whole or in part, without our prior written permission.
8. INTELLECTUAL PROPERTY INFRINGEMENT AND COMPLAINTS PERTAINING TO OBJECTIONABLE CONTENT
You may report to us any violation of this Agreement or any actual or alleged misconduct by any of the Registered Users. You can report any Content on the Website that you deem to be inappropriate, objectionable, amounts to violation of your privacy and / or is in violation of the terms of this Agreement, by submitting a ‘Service Ticket’ option that is available on the Website or by writing to us at by providing the description of such Content and providing details of the location on the Website of such Content that you claim is infringing may be found.
We respect your intellectual property. If you believe or have reasonable grounds to believe that any Content on the Website infringes upon your intellectual property or are aware of any infringing Content on the Website, you can report the infringement by clicking the ‘Report’ option on the Website or by e-mailing us at and by providing the following:
a) A statement that you have identified Content on the Website that infringes your intellectual property or the intellectual property of a third party on whose behalf you are entitled to act;
b) A description of the copyright work that you claim has been infringed;
c) A description of the Content that you claim is infringing and details of where on the Platform the Content that you claim is infringing may be found;
d) Your contact information including your full name, residential address and telephone number and a valid e-mail address on which you can be contacted;
e) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
f) A statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
g) Your electronic or physical signature (which may be a scanned copy).
h) An order of a competent court or statutory authority or body for removal of such content, if applicable.
Upon violation being reported in accordance with these provisions, we reserve the right, but shall have no obligation, to remove any Content, information and material that in our sole opinion is in violation this Agreement or is determined to be inappropriate for any other reason.
9. NON POACH AND NON SOLICITATION:
You unequivocally agree that you shall not, at any point in time till the existence of this Agreement and 3 years post its termination, solicit any other Registered User of this Website in any manner whether direct or indirect.
You further agree that you shall not seek any information or data from the Website Server or any such other confidential data in our custody and use it or attempt to do so with an intention of soliciting the other Registered Users of the Website.
You agree that you shall indemnify and keep indemnified us against all actions, suits and proceedings and all costs, charges, expenses, loss or damages (direct or indirect) incurred or suffered by or caused to us by reason of any breach, non-observance, negligence, non-performance or default (willful or otherwise) by you including your agents, employees of their obligations as aforesaid and/or under any law for the time being in force, including but not limited to any loss or liability arising on account of non-observation of any statutory laws and the Rules framed thereunder.
Notwithstanding anything contained in this Agreement, you shall indemnify us against all actions, suits and proceedings and all costs, charges, expenses, loss or damages incurred or suffered by or caused to us by reason of negligence of you, your employees, agents, servants or any other person authorised by you in this behalf whilst performing of its obligations under the Agreement. This Clause shall survive expiration or termination for any reason of this Agreement.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by e-mail or by other mode of communication, electronic or otherwise.
12. NO AGENCY
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, we are not acting as an agent for any Registered User or visitor of the Website. We are not an employment service or agency and do not serve as an employer or referral source for any User.
13. DISCLAIMER OF WARRANTIES
THE WEBSITE AND CONTENT PROVIDED ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE SERVICES, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE AND OUR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR ITS CONTENT ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE CONTENT ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY SERVICE OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) ANY SOFTWARE OFFERED VIA THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER WE NOR OUR THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND/OR CONTENT ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US. WE EXPRESSLY DISCLAIM ANY WARRANTY RELATED TO THE QUALITY OF THE SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THE SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID SERVICES. LICENSING AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE SERVICES OFFERED ON THE WEBSITE WIDELY VARY BY STATE, COUNTRY, CITY, MUNICIPALITY OR TOWNSHIP. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR THIRD PARTY.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE; (B) THE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
16. JURISDICTION AND GOVERNING LAW
This Agreement and the validity, construction, and performance thereof will be governed in all respects by the laws of India, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this Agreement may be brought only in the courts of Gujrat or the District Courts located in Gujrat and, you consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient.
Any dispute or difference arising between the Parties including any question as to whether or not any dispute or difference shall have arisen shall be resolved between the parties to the dispute by arbitration. Such dispute or difference shall be referred to a Sole Arbitrator to be appointed by us and arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The arbitration proceedings shall be conducted in the city of Ahmadabad. The award of the arbitrator shall be final, conclusive and binding upon the parties to the dispute.
The Parties irrevocably agree that subject to the aforesaid provisions, for matters that are referable to a court of law under the provisions of the Arbitration and Conciliation Act, 1996, or otherwise the courts and tribunals of competent jurisdiction at Hyderabad, India shall have the exclusive jurisdiction
Our failure to insist upon strict compliance or performance of any of the terms and conditions of this Agreement or in exercise of any optional right or remedy contained in this Agreement shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy, but the same shall continue to remain in full force and effect. No waiver by us of any term or provision of this Agreement shall be deemed to have been made unless expressed in writing and signed by us. No waiver, express or implied, of any term, condition or provision under this Agreement or under any applicable law for the time being in force, by us, shall be deemed or construed as to be a waiver of such term, covenant, condition or provision hereof or be, deemed or construed so as to constitute, a like waiver with respect to any future requirement of performance under such terms, covenants, condition or provision.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, neither the legality nor validity nor the enforceability of the remaining provisions of this Agreement shall in any way be affected or impaired thereby.
20. CONTACT AND NOTICES
Except as explicitly stated otherwise, any notices or communication shall be given to Us in writing on 4, 1st Floor, bage Firdos, Shreeji Estate Nagarvel Hanuman Road, Amaraiwadi, Ahmedabad Ahmedabad GJ 380026 IN or by e-mail on firstname.lastname@example.org All communication to You shall be made in writing through your Account and/or through the communication addresses and information provided to Us during the Registration Process.
If you have any questions or queries regarding this Agreement, please submit your questions or complaints via an e-mail to email@example.com