“www.myareapage.com” (hereinafter, the “Website”) is owned and operated by Stickjoy Ventures Private Limited, (hereinafter referred to as “Company”), a private limited company incorporated under the Companies Act, 2013, having its registered office at IF – 08/03, New Town Heights, Sector 86, Nawada-Fatehpur, Gurgaon – 122004, Haryana, India.
“You”, “Your”, “Yourself” or “User” shall mean and refer to the person visiting, accessing, browsing through and/or using the Website at any point in time and shall include the “Clients/Customers/”. Further, it shall also mean and refer to persons who are “Vendors” and “Service Provider” for the Website. However, where a Client/Customer or Vendor or Service Provider is mentioned specifically it shall only mean and refer to that class of User.
The term “We”, “Us”, “Our” shall mean and refer to the website and/or the Company, depending on the context.
This Agreement shall cover your usage of the Website as a User, which shall include Customers, Vendors/Service Providers and any Third – Party website, company or individual who provide any form of Service directly or indirectly for financial and/or non- financial or any other benefits.
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
02. About Us:
www.myareapage.com is an online platform that provides information-sharing services to its users. We focus on fast, relevant and accurate search results and listings and show various deals, services for a particular region. The users may acquire contact information, address and other details of the listing they are viewing on the website.
The website has free information displayed for all to access which comprises of logos, names, contact details, address, email, social media accounts of all kinds of the service provider, such as including but not limited to the vegetable vendor, doctor, plumber etc. Further, the website has a paid service where a service provider may pay us to advertise his/her profile on the website and we shall share details of their services and business with other users. Such paid service may be availed of by choosing the appropriate plans such as the monthly plan. ALL PAYMENTS MADE BY SERVICE PROVIDER TO US ARE NON-REFUNDABLE AND WITHOUT ANY BUSINESS GUARANTEE. After the end of the plan, we may remove or retain certain information related to such a service provider. All the offers, features and details of any of the plans are subject to change at any time at the discretion of the company, without any intimation or notice.
The Website shall also maintain information related to but not limited to the malls, shopping outlets, entertainment centres, various businesses, services, events and happenings in order for the users to be aware of the activities around them. Such activities shall include but not be limited to the fete, campaigns, cultural events, etc. No prior permission has been sought for reporting of such information/ events from any of the business management or service providers. The correctness of the information provided needs to be verified by the User before availing of any of the details or services from any Third Party on the Website and the Website shall not be responsible for any inaccurate information that may be displayed on the Website.
Further, the website may also display a buy and sell option wherein Users may send Us the details to post pictures and description of any item they wish to rent out or sell/buy such as including but not limited to renting a flat, selling a new/second-hand furniture, etc. Such details may be posted or removed as when deemed fit at Our sole decision on chargeable or free to post basis. The Website shall only be a platform for the display of such pictures and description of products and any information, which may lead to connections between buyers and sellers. The Website shall not be responsible for any consequences arising from any interactions between buyers and sellers.
The website shall also maintain information regarding the emergency service providers and their contact details. Users may contribute any new information by sending the information to Us and we shall only post such information as and when we choose or deem relevant. Further Users are aware that they may email us in the event they want certain information displayed on the website to be removed/altered and we may do so at our sole discretion. The information contained regarding emergency services is posted only for general purposes and the Website shall not be responsible for any incorrect details or any consequences or implications arising from the use of the information.
Services on the Site would be available pan-India. However, some features of the Site shall only be available in Delhi National Capital Region. 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 Site.
05. License and Access
The Company grants you no sub-license, whether limited or not, to access and make personal use of the Site, and not to download (other than page caching) or modify it or any portion of it, except with express written consent of the Company. You are not permitted any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, videos, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have/own any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, 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; or
- is misleading or known to be false in any way.
06. User Obligations:
You are a restricted user of this website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior written permission, limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, 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 Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
- In places where this website allows you to post, submit or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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 other customer of the website, including any Website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt 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;
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
07. Copyright and Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services. Any display of marks, logos, slogans, catchphrases or any other unique branding features of any Third Parties is for information purposes only and the Website does not assume any ownership rights over any of the marks, logos, slogans, catchphrases or any branding that is owned by their respective Third Parties.
The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.
08. Disclaimer of Warranties and Liabilities:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE RESPONSIBLE FOR THE RELEVANCE AND VALIDITY OF COMMENTS MADE BY THIRD PARTIES LIKE VENDORS, PUBLIC ON THE PLATFORM. THE CUSTOMER SHALL BE WHOLLY RESPONSIBLE FOR THE ACCURACY OF EMAIL, PHONE NUMBER, AND PERSONAL INFORMATION. FURTHER IN AWARDING POINTS THAT ARE REDEEMABLE FOR CASH TO USERS, WE ARE NOT RESPONSIBLE IF THE EVENT EXPIRES OR CHANGES OR IS REMOVED ALTOGETHER. WE ARE NOT RESPONSIBLE FOR ANY OTHER BENEFITS, SCHEMES, PROMOTIONAL OFFERS OR PROMOTIONAL GIFTS, DISCOUNT VOUCHERS ETC TO USERS OF THE SITE OR OTHERWISE, WHICH EXPIRES, OR CHANGES OR IS REMOVED ALTOGETHER WITH OR WITHOUT PRIOR NOTICE OR INFORMATION. THE SAME CAN ALSO BE NOT HONOURED OR DISCONTINUED, ANYTIME, BY THE SERVICE PROVIDER UPON THEIR SOLE DECISION, WITHOUT INTIMATION OF ANY FORM.
WE SHALL NOT BE LIABLE FOR ANY INFORMATION, DETAILS OR CORRECTNESS OF INFORMATION ON THE WEBSITE AND ITS IMPACT, IMPLICATIONS IN ANY FORM OR MANNER. WE ARE NOT LIABLE FOR ANY OF THE THIRD-PARTY PRODUCT, THEIR QUALITY OR SERVICES AND IMPLICATIONS OR RESULTS OF ANY FORM OR MANNER PROVIDED BY ANY THIRD-PARTY WEBSITE, COMPANY OR INDIVIDUAL WHO PROVIDE ANY FORM OF SERVICE DIRECTLY OR INDIRECTLY FOR FINANCIAL AND/OR NON- FINANCIAL OR ANY OTHER BENEFITS. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY. THE WEBSITE DISPLAYS INFORMATION OBTAINED FROM PUBLICALLY-AVAILABLE SOURCES WITHOUT OBTAINING EXPRESS PERMISSION FROM THE RESPECTIVE OWNERS AND THUS IF ANY NATURAL AND LEGAL INDIVIDUALS / COMPANY DO NOT WISH THAT OUR WEBSITE DISPLAYS ANY INFORMATION, PHOTOS, LOGOS, DESIGNS, FORMAT OR DETAILS WHICH THEY OWN THEY MAY INFORM US THROUGH EMAIL AND THE SAME WILL BE REMOVED WITHIN 30 DAYS OF OUR FINAL CONFIRMATION OF REMOVAL. THIS WILL BE DONE ONLY AT OUR SOLE DECISION AND UNDERSTANDING.
MYAREAPAGE.COM RECEIVES RATINGS, REVIEWS COMMENTS FROM DIFFERENT USERS. THE RATINGS AND REVIEW COMMENTS DO NOT REFLECT THE OPINION OF MYAREAPAGE OR ANY OF ITS AFFILIATES. THESE ARE THE PERSONAL OPINION OF THE USER/REVIEWER ONLY. MYAREAPAGE.COM DOES NOT ENDORSE ANY RATINGS AND REVIEW COMMENTS. THEY SHOULD NOT BE TAKEN AS ADVICE OR RECOMMENDATION TO BUY / SELL/INVESTMENT/USE SERVICES ETC OF ANY KIND. USERS SHOULD USE THEIR BEST JUDGEMENT AND FORM THEIR OWN OPINION.
IN THE EVENT, A USER USES A FALSE E-MAIL ADDRESS, IMPERSONATES ANY PERSON OR ENTITY, OR OTHERWISE MISLEADS AS TO THE ORIGIN OF ANY CONTENT. WE RESERVE THE RIGHT (BUT NOT THE OBLIGATION) TO REMOVE, REFUSE, DELETE, MASK OR UNMASK OR EDIT ANY CONTENT (OR PORTIONS THEREOF) BASED ON THE SOLE JUDGEMENT BY US.
USERS OF THIS WEBSITE MAY POST RATINGS, REVIEWS, COMMENTS ON ANY CONTENT, SEND COMMUNICATIONS AND SUBMIT SUGGESTIONS, IDEAS, COMMENTS, QUESTIONS, OR OTHER INFORMATION, AS LONG AS THE CONTENT IS NOT ILLEGAL, OBSCENE, ABUSIVE, THREATENING, DEFAMATORY, INVASIVE OF PRIVACY, INFRINGING OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE INJURIOUS TO THIRD PARTIES, OR OBJECTIONABLE AND DOES NOT CONSIST OF OR CONTAIN SOFTWARE VIRUSES, POLITICAL CAMPAIGNING, COMMERCIAL SOLICITATION, CHAIN LETTERS, MASS MAILINGS, OR ANY FORM OF “SPAM.”
YOU AGREE TO INDEMNIFY MYAREAPAGE AND ITS AFFILIATES FOR ALL CLAIMS BROUGHT BY A THIRD PARTY AGAINST IT OR ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH A BREACH OF ANY OF THE CONTENT. IT IS ALSO CLARIFIED THAT, IF THERE ARE ANY ISSUES OR CLAIMS DUE TO YOUR POSTS BY WAY OF REVIEWS, RATINGS AND COMMENTS, THEN MYAREAPAGE RESERVES RIGHT TO TAKE APPROPRIATE LEGAL ACTION AGAINST YOU. FURTHER, YOU SHALL INDEMNIFY AND PROTECT MYAREAPAGE AGAINST SUCH CLAIMS OR DAMAGES OR ANY ISSUES, DUE TO YOUR POSTING OF SUCH REVIEWS, RATINGS AND COMMENTS. MYAREAPAGE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY ON MYAREAPAGE OR ANY MEDIUMS OF MYAREAPAGE.
YOU FURTHER ACKNOWLEDGE THAT CONDUCT PROHIBITED IN CONNECTION WITH YOUR USE OF THE FORUMS INCLUDES BUT IS NOT LIMITED TO, BREACHING OR ATTEMPTING TO BREACH THE SECURITY OF THE SITE OR ANY OF THE MEDIUMS OF MYAREAPAGE.
HOWEVER IN CASE IF SOMEONE WRITES A REVIEW COMMENT THAT THE RELATED BUSINESS DOES NOT CONSIDER TO BE TRUE, THE BEST OPTION FOR THE BUSINESS REPRESENTATIVE, WHICH THEY OWN, WOULD BE TO POST A PUBLIC RESPONSE TO CLEAR UP ANY MISUNDERSTANDINGS. THEY MAY WRITE TO US THROUGH EMAIL AT ADMIN@MYAREAPAGE.COM AND BRING SUCH A REVIEW TO OUR ATTENTION. MYAREAPAGE MAY TAKE RELEVANT ACTION FOR THE REVIEW COMMENT WITHIN 30 DAYS OF OUR FINAL CONFIRMATION OF REMOVAL. THIS WILL BE DONE ONLY AT OUR SOLE DECISION AND UNDERSTANDING.
10. Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR EXPERTS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s)/service(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
12. Disputes And Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
- Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Gurgaon, Haryana, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Gurgaon, Haryana, India.
14. Miscellaneous Provisions
- Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by Client and Service vendor shall constitute the entire agreement and understanding of Client and Service vendor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Client and Service vendor shall always remain subject to the terms of Our user Agreement.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
15. Contact Us:
If you have any questions about this Agreement, the practices of, or your experience with the Service, you can e-mail us at email@example.com.