Terms & Conditions
This document contains terms and conditions (“Terms of Use”)
as an electronic record pursuant to the provisions of the
Information Technology Act, 2000, (“IT Act”), and the rules,
regulation and guidelines enacted thereunder. Further, this
electronic record is generated by a computer system and does
not require any physical or digital signatures.
PLATFORM
Please note that (i) the software application, for use on
small and wireless/computing devices, such as, smartphones and
tablets and for use on desktop/computers under the name and
style of ‘KOHINOOR CITY CLUB’ (the “Application”); and (ii)
the domain name www.kohinoorcityclub.com (the “Website”), are
owned, managed and operated by PRIME NINE MANAGEMENT PRIVATE
LIMITED., a private limited company incorporated under the
laws of India, having its principal office (hereinafter collectively referred to as
“KOHINOOR CITY CLUB”, “Company”, “We”, “Us”, or “Our”). The
terms ‘Application’ and ‘Website’ are hereinafter collectively
and severally referred to as “Platform”.
GENERAL TERMS
For the purpose of these Terms of Use, wherever the context so
requires, the terms “You”, “you”, “Your”, “your”, or “User”,
shall mean any person who accesses, browses, uses or visits
the Platform or registers on the Platform or avails any of the
Services (as defined below) of the Platform.
The Terms of Use contained in this electronic record are read
together with (i) the Privacy Policy (as defined below) of the
Company, as available and uploaded on the Platform at
https://kohinoorcityclub.com/terms-and-conditions; and (ii)
the guidelines, rules, terms, conditions and/ or policies and
procedures or any other specific terms and conditions, in
relation to KOHINOOR CITY CLUB Platform/Company, as applicable
or relating to the availing of the Services and/ or usage and
access of the Platform, as posted on the Platform from time to
time (collectively “Company’s Policies”). It is expressly
clarified that the Privacy Policy and the Company’s Policies
are deemed to be incorporated herein by reference and,
together with these Terms of Use, and shall constitute the
entire legally binding agreement between You and the Company
in connection with your access, visit or use of the Platform
and for availing of the Services, in any manner.
The Privacy Policy, and the Company’s Policies shall be
considered as part and parcel hereof. Therefore, by impliedly
or expressly agreeing to be bound by these Terms of Use and/or
by using and accessing the Service(s) on the Platform, the
User also agrees to be bound by the terms and conditions of
the Privacy Policy, and the Company’s Policies, as may be
updated, amended or revised from time to time. The User is
requested to read these Terms of Use carefully before
accepting the same and moving forward to using and accessing
the Platform or availing any Service.
IN CASE YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN PLEASE
REFRAIN FROM USING AND ACCESSING THE PLATFORM, REGISTERING ON
THE PLATFORM AND AVAILING ANY OF THE SERVICES ON THE PLATFORM.
It is, further, clarified that by availing the Service(s) on
the Platform, and/or visiting, viewing, accessing or otherwise
using the Service(s) or information created, collected,
compiled or submitted to the Platform, you are deemed to have
agreed to these Terms of Use and all the policies of the
Company/ Platform.
It is hereby clarified that the Company may, at its sole
discretion, from time to time, change provisions related to
any of the Services which also include changing of the extent
and scope of the Services and/ or include any other category
of service or facility within the term ‘Service’. You can
determine when these Terms of Use were last revised by
referring to ‘LAST UPDATED’ at the top of these Terms of Use.
Your continued use of the Platform shall be deemed to signify
Your acceptance of these provisions or amended provisions of
these Terms of Use. It shall be the User's responsibility to
check these Terms of Use periodically for changes. It is,
further, clarified that the User’s use and access of the
Platform/Service(s) is subject to the most recent version of
these Terms of Use made available on the Platform at the time
of such use. The Company reserves the right to change, modify,
amend, or update the Terms of Use, at its discretion, from
time to time and such amended provisions of the Terms of Use
shall be effective immediately upon being posted/ uploaded on
the Platform. These Terms of Use are published in compliance
of, and is governed by the provisions of the IT Act and the
rules, regulations, guidelines and clarifications framed there
under.
DEFINITIONS
“Applicable Laws” means any applicable law, rule, regulation,
ordinance, order, treaty, judgment, notification, decree,
bye-law, governmental approval, directive, guideline,
requirement or other governmental restriction, or any similar
form of decision of, or determination by, or any
interpretation, policy or administration, having the force of
law and shall include any of the foregoing, injunction, permit
or decision of any central, state or local, municipal
government, authority, agency, court having jurisdiction over
the matter in question.
“Force Majeure Event” shall mean any event arising due to any
cause beyond the reasonable control of the Company, including
insolvency, business exigencies, operational technical issues,
labour unrest, war, commotion, armed conflict, invasion,
hostilities, riot, rebellion, revolution, civil war, riot,
insurrection, acts of God, epidemics, pandemics, natural
calamities/disasters, strikes, lock out, change in Applicable
Law, which materially restricts provisions of Services offered
on the Platform etc.;
“IPRs” or “Intellectual Property Rights” shall mean on a
worldwide basis, all patents, copyrights, trade secrets,
service marks, trademarks, trade names, trade dress, trademark
applications and registrations, internet domain names, design
rights, and all other proprietary and intellectual property
rights as may exist now and hereafter come into existence, and
all renewals and extensions thereof, regardless of whether any
of such rights arise under any Applicable Law;
“User Data” shall mean the data and information as may be
required by the Company for the purposes of
registering/onboarding the User on the Platform and verifying
the identity of the User, such as, name, email ID, phone
number, PAN number, Aadhar number, address, and other
particulars in relation to the registering/onboarding of the
User as may be required by the Platform for the purpose of
availing any Service(s) on the Platform. PRIVACY
You agree that during your use and access of the Platform
and/or availing of the Services offered by the Platform, you
will provide Us with certain information and other data as
mentioned under the Terms of Use which may or may not be
otherwise publicly available. Please note that We respect the
privacy and confidentiality of such data and the provisions
pertaining to such private information and data as provided by
you under these Terms of Use, are governed under the Company’s
privacy policy (“Privacy Policy”) which is available at
https://kohinoorcityclub.com/privacy-policy. By using and
visiting the Platform and availing the Services of the
Platform, you agree to the terms and conditions of our Privacy
Policy.
Regarding your private information and data, We will only
collect, use, disclose or process such information and data in
accordance with our Privacy Policy, which you accept by your
use and access of the Platform and/or availing the Services on
the Platform. By accepting these Terms of Use, you also agree
to the terms and conditions as provided under our Privacy
Policy.
USE OF PLATFORM
For the use and access of the Platform, whether or not for
provisions of availing the Services on the Platform, in any
manner, You must be 18 (eighteen) years of age or older. For
this purpose, you agree that by visiting the Platform or
accepting these Terms of Use, you represent and warrant to the
Company that you are 18 (eighteen) years of age or older, and
that you have the right, authority and capacity to use the
Platform and avail Services and agree to and abide by the
Terms of Use as provided herein.
Further, the use and access to the Platform can be availed
only by such individuals who can form and enter into a ‘valid
contract’ as per the conditions set forth under Indian
Contract Act, 1872. It is hereby expressly clarified that the
persons who are ‘incompetent to contract’ within the meaning
of the Indian Contract Act, 1872, including minors,
un-discharged insolvents, persons disqualified by law or of
unsound mind, etc. are not eligible to use the Platform. It is
also expressly clarified that Consultation Facility does not
provide for consultations outside the jurisdiction of India.
You agree that you will act lawfully, diligently and honestly
at all times when you access and use the Platform and/or avail
of the Services and will comply with all the laws, rules,
regulations, legislations, notifications, circulars,
guidelines, standards, codes, policies, orders, approvals,
ordinances, judgments, decrees, injunctions, writs, arbitral
award, bye-laws, or any similar form of decision,
determination, or adjudication having the force of law, as
amended from time to time, applicable to your use of the
Platform and/or availing the Services.
You agree that you will not interfere with, jeopardize,
disrupt or harm the Platform and/or Services and that you will
not intercept, expropriate, re-use, steal or re-utilize any
system, data, graphic media, coding or information comprised
in or provided to you via the Platform and/or Services and, at
all times, comply with the Terms of Use and other policies of
the Platform.
We will provide you with any help you may reasonably require
to access the Platform but We shall not be responsible if you
are unable to access any section of the Platform or the
Services for any reason. We do not guarantee you access to the
Platform at any and all times. We do not guarantee that while
you are accessing the Platform, your access will be
uninterrupted, without delay/interference, secure and/or
error-free or operate as set out and anticipated in these
Terms of Use. Accordingly, We reserve the right, at any time,
to suspend or discontinue the Platform and/or the Services for
any reason without incurring any liability or obligation to
you.
You agree that the information you provide to the Company on
the Platform at the time of onboarding and any time thereafter
and any information displayed under your User Profile at all
times will be true, accurate, current, and complete. If you
provide any information 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 Terms of Use herein
and the other policies of Platform, We shall have the right to
indefinitely suspend or terminate your User Profile or block
your access on the Platform.
If We reasonably believe that your User Profile and password
is being used/misused in any manner, We reserve the right to
cancel your right to access the Platform immediately without
notice, and block access to all users from that particular IP
address. You agree to notify Us and the Platform immediately
of any unauthorized use of your User Profile or any other
breach of security. We will not be liable for any loss that
you may incur as a result of someone else using your User
Profile. However, you could be held liable for all the losses,
claims and liabilities incurred by the Company due to someone
else using your User Profile.
Further, by using the Platform or sending emails, data,
information or communication to the Platform through the
Platform, you consent to receiving communications via
electronic records from Us periodically and as and when
required.
The information and Services shall not be used for any illegal
purpose by You. You may not access our networks, computers, or
the information and Services in any manner that could damage,
disable, overburden, or impair them, or interfere with any
other person's use and enjoyment. You may not attempt to gain
unauthorized access to any information or Services, other
accounts, computer systems, or networks connected with the
Platform, the information, or Services. You may not use any
automated means (such as a scraper) to access the Platform,
the information, or Services for any purpose. Such
unauthorized access includes, but is not limited to, using
another person’s login credentials to access his or her User
Profile. Any attempt by any individual or entity to solicit
login information of any other user of the Platform or to
access any such User Profile is an express and direct
violation of these Terms of Use and of applicable law(s),
including relevant privacy and security laws and laws
prohibiting unfair or unethical business practices.
We may, at Our sole discretion, suspend the User’s ability to
use or access the Platform at any time while We investigate
complaints or alleged violations of these Terms of Use, or for
any other reason.
CODE OF CONDUCT
Under these Terms of Use, the User agrees not to host,
display, upload, modify, publish, transmit, update or share
any information that:
- belongs to another person and in relation to which it does not have any right of use;
- infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person;
- is false or misleading in any way;
- violates any law for time being in force;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”;
- promotes illegal activities or abusive, obscene, defamatory, or libelous conduct;
- solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
- harms minors in any way;
- 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; 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;
- deceives or misleads the other Users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
- 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;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, User Profile information, bulletins, friend request, or other areas of the Platform or solicits passwords/ log-in information or personal identifying information for commercial or unlawful purposes from other users; and
- refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, application, software contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
The User agrees not to reveal/disclose confidential or
proprietary information of other Users, the Company/ Platform
when the User receives or comes in possession of such
confidential or proprietary information; incorporate any
computer contaminant, software virus or any computer code or
file or program on the Platform designed to interrupt, destroy
or limit the functionality of the Platform; incorporate or
introduce any program on the Platform that might infringe the
intellectual property rights of any other User and/or of the
Company/ Platform; download, copy, or reproduce any file or
information available on the Platform which the User knows, or
reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed; in any way, deface
or vandalize the Platform or prevent or restrict others from
using the Platform; stalks, threaten or harass any other User
or infringe upon or attempt to infringe upon their privacy;
infringe any patent, trademark, copyright or other proprietary
rights or rights of publicity or privacy, of the Company/
Platform, other Users of the Platform; impersonate any person
or entity, or falsely state or otherwise misrepresent
themselves or their affiliation with any person or entity;
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; and create liability for the Company/
Platform or cause the Company/ Platform to lose (in whole or
in part) the services of its internet service provider or
other suppliers.
It is also clarified that you shall not use any “deep-link”,
“page-scrape”, “robot”, “spider” or other automatic devices,
program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor
any portion of the Platform or any service, or in any way
reproduce or circumvent the navigational structure or
presentation of the Platform or any service, to obtain or
attempt to obtain any materials, documents or information
through any means not purposely made available through the
Platform. We reserve the right to bar any such activity.
You agree that you shall not attempt to gain unauthorized
access to any portion or feature of the Platform or any
feature pertaining to availing of Services or any other
systems or networks connected to the Platform or to any
server, computer, network, or to any /services offered on or
through the Platform, by hacking, password “mining” or any
other illegitimate mean.
You agree that you shall not probe, scan or test the
vulnerability of the Platform or any network connected to the
Platform nor breach the security or authentication measures on
the Platform or any network connected to the Platform. You may
not reverse look-up, trace or seek to trace any information on
any other User of or visitor to Platform, or any other
client/customer/user/member of the Company/ Platform including
any User Profile on the Platform not owned/operated/managed by
you, to its source, or exploit the Platform or any service or
information made available or offered by or through the
Platform, 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 Platform.
You agree that you shall not make any negative, denigrating or
defamatory statement and/or comment about the Platform/
Company or the brand name or the domain name used by the
Company/ Platform or otherwise engage in any conduct or action
that might tarnish the image, goodwill or reputation of the
Platform/ Company or other Users on the Platform or other
business partners of the Company or otherwise tarnish or
dilute any of the Company’s 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 the Platform.
You agree that you will not use the Platform or any content
thereof for any purpose which is unlawful or prohibited by the
Terms of Use or to solicit the performance of any illegal
activity or other activity which infringes the rights of the
Company/ Platform, its Users.
You agree that you shall, at all times, ensure full compliance
with the applicable provisions of the Information Technology
Act, 2000, and the rules thereunder as applicable and as
amended from time to time and, also all Applicable Laws, rules
and regulations and international laws, statutes, ordinances,
and regulations regarding availing of the Services and the
transactions between you and other Users. Further, you agree
that you shall not solicit (directly or indirectly) any other
Users of the Platform to avail the Services of the Platform
being displayed on the Platform, through the Company/
Platform.
The User shall indemnify and hold harmless the
Platform/Company, its owners, affiliates, subsidiaries, group
companies (as applicable) and their respective officers,
directors, agents, and employees, from all losses, claims,
damages, penalties, costs, expenses, demands, actions
(including reasonable attorneys’ fees) suffered or incurred by
the Platform due to or arising out of breach of these Terms of
Use and other policies of the Company/ Platform.
To enable the use of your information supplied by you to us,
so that usage of any such information by Us is not construed
as a violation of any rights, you agree to grant Us a
non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any
other rights you have in your information, in any media now
known or not currently known, with respect to your
information. We will only use your information in accordance
with the Terms of Use and the policies of the Company/
Platform applicable to the use of the Platform.
TERMS RELATED TO SERVICES
General Terms related to the Services
Subject to your acceptance of these Terms of Use, the Platform
grants to you a non-exclusive, non-transferable, revocable
limited license to use the Platform and any or all of the
Services. You agree not to use these Services and the Platform
for any other purpose, or to copy or distribute the content of
the Platform except as specifically allowed in these Terms of
Use.
INDEMNITY
In addition and not in derogation of the specific indemnities
provided by you to the Company under these Terms of Use and/or
policies of the Company, you agree to indemnify, defend and
hold harmless the Company and its affiliates, officers,
directors, employees, consultants, representatives,
shareholders, contractors, users and agents etc. against any
and any and all losses, liabilities, claims, damages, demands,
costs and expenses (including legal fees and disbursements in
connection therewith and interest chargeable thereon) arising
out of or in connection with any claim, suit, action, or other
proceeding brought against the Company/ Platform or such
party, to the extent such losses are based on or arising out
of or in connection with: (a) any breach or non-performance of
any of the Terms of Use and/ or other terms and conditions of
the Company/ Platform with respect to use and access of the
Platform and availing of Service(s)
INTELLECTUAL PROPERTY RIGHTS
It is further acknowledged and agreed by you that all the IPRs
in all material presented on the Platform, including but not
limited to text, audio, video or graphical images, interfaces,
graphics, design, compilation, information, computer code,
products, software, downloadable software, trademarks, logos
and all other material appearing on the Platform are the
property of the Company, and are protected under applicable
Indian laws.
It is hereby clarified and agreed by you that (i) the Company/
Platform owns all the intellectual property rights in and
relating to the Company/ Platform and Services offered through
Platform and your use of the Platform and/or availing of
Services does not grant or confer you any rights in relation
to our IPRs or our affiliates’ or licensor’s or suppliers’
IPRs; (ii) the structure of the Platform shall not be
reproduced, distributed or published, in whole or in part, by
you for any purpose; other than in connection with your
private use of the Platform and/ or availing of Services, you
shall not copy, reproduce, download, publish, adapt, create
derivative works, re-publish, post, broadcast, record, print,
commercially exploit, transmit, edit, communicate to the
public or distribute in any other way, any IPRs or content in
relation to the Platform and/ or availing of the Services or
the computer codes or elements which comprise the Platform;
(iii) by using, accessing or visiting the Platform and/ or
availing the Services, you acknowledge and agree that the
general layout, content and design of the Platform is
protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws and these Terms of Use does
not grant to you any rights to any IPRs in respect of the
Platform or any content; (iv) the User cannot create any
derivative work or technology based upon any IPRs,
confidential or proprietary information of the Company/
Platform; (v) the User cannot adapt or use any trademark,
service mark, trade name, logo or domain name similar to or
likely to be confused with those of the Company/ Platform or
take any other action that infringes upon or impairs the
Company’s trademark (whether registered or unregistered) or
other IPRs; and (vi) other than as set out in this clause and
the Platform’s policies, you are not permitted to use any of
our intellectual property rights without our (and our
affiliates’, licensor’s or suppliers’) prior written consent.
TERMINATION
You agree that the Company, in its sole discretion and for any
reason, including inter alia without limitation if you breach
these Terms of Use, may terminate your access to and use of
the Platform, at any time. You agree that any termination of
your access to the Platform and/ or suspension/ termination of
your User Profile may be affected without prior notice, and in
this respect, the Company/ Platform shall not be liable to you
for any such termination. Your right to use the Platform
immediately ceases upon termination of your access/use of the
Platform.
The provisions of these Terms of Use shall continue to apply
until terminated by either of the Party. In case of User wants
to terminate these Terms of Use, the User may do so by: (i)
not accessing the Platform; or (ii) closing their User
Profile.
We reserve the right to, at any time, and with or without
notice, terminate these Terms of Use against the User, if:
there is any breach any of applicable law(s) or the provisions
of these Terms of Use or the terms of the Privacy Policy, the
Company’s Policies or any other terms, conditions, or policies
that may be applicable to the User from time to time (or have
acted in a manner that clearly shows that the User do not
intend to, or are unable to, comply with the same); or the
Platform is unable to verify or authenticate any information
provided to the Platform by the User;
We believe, in its sole discretion, that the User’s actions
may cause legal liability to the Company/ Platform, (or any of
its affiliates, independent contractors, service providers,
consultants, licensors, agents, and representatives) or are
contrary to the interests of the Platform;
We are required to do so by law; or the User fails to provide
(or after providing such consent, later revoke) the consents
necessary or desirable for the Company to provide the Services
to the User;
You acknowledge and agree that the Company may immediately
deactivate or delete your User Profile and all related
information and files in your User Profile and/or bar any
further access to such files or the Service(s). In the event
of termination of your User Profile by the Company due to any
of the aforementioned reasons, the Company shall have the sole
discretion to terminate or cancel any of your past acts
without any liability to the Company.
The Company does not permit copyright infringing activities on
the Platform and reserves the right to terminate access to the
Platform and remove all content submitted by any persons who
are found to be infringers. Any suspected fraudulent, abusive,
or illegal activity that may be grounds for termination of
your use of the Platform may be referred to appropriate law
enforcement authorities. These remedies are in addition to any
other remedies the Company may have under law, contract and/or
equity.
The User is entitled to terminate this legal relationship, at
all times by deletion of the User Profile and, thus disabling
the use of the Platform/ Service(s).
LIABILITY
User will be responsible for and thus releases the Company
from, any and all liabilities, losses, claims and damages that
may arise out of or in connection with the disclaimers as
mentioned under these Terms of Use and further agrees to hold
harmless and indemnify the Company in this regard.
In no event shall the total aggregate liability of the
Company/ Platform to any User for all damages, losses, and
causes of action (whether in contract or tort, including, but
not limited to negligence, strict liability or otherwise)
arising from these Terms of Use or any of your use of the
Platform exceed an aggregate amount of INR 2500/- (Indian Two
Thousand Five Hundred only). We accept no liability for any
errors or omissions on behalf of You.
DISCLAIMERS
THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS PLATFORM OR THE INFORMATION, OR CONTENT
INCLUDED ON THIS PLATFORM. THE COMPANY RESERVES THE RIGHT TO
WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY
TIME IN ITS DISCRETION.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR
SOLE RISK. HENCE YOU AGREE THAT THE COMPANY SHALL BE IN NO
EVENT LIABLE FOR ANY INJURY, LOSSES, CLAIM, DAMAGE OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR
OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, THE
COMPANY/PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
THE COMPANY/PLATFORM DOES NOT WARRANT THAT THIS PLATFORM, ITS
SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE
COMPANY/PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE PLATFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES.
THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY HARM TO PERSONS
RESULTING FROM ANY INSTRUCTION REFERRED TO IN THE PLATFORM. WE
DO NOT WARRANT THAT THE PLATFORM, OR ITS CONTENT WILL MEET
YOUR REQUIREMENTS.
THE PLATFORM CAN NOT GUARANTEE THE ADEQUACY, CURRENCY OR
COMPLETENESS OF THE PLATFORM CONTENT. THE COMPANY/ PLATFORM
DOES NOT WARRANT OR ENDORSE THE EFFECTIVENESS, QUALITY OR
SAFETY OF THE SERVICES AVAILABLE ON THE PLATFORM. .
SEVERABILITY
If for any reason, a court of competent jurisdiction finds any
provision of these Terms of Use, or portion thereof, to be
unenforceable, that portion shall be enforced to the maximum
extent permissible so as to give effect to the intent of the
parties (the User and the Company collectively) as reflected
by that provision. The remainder of the Terms of Use shall
continue in full force and effect.
WAIVER
No provision of these Terms of Use shall be deemed to be
waived and no breach excused unless such waiver or consent
shall be in writing and signed by the Company. Any consent by
the Company to, or a waiver by the Company of any breach
committed by you, whether expressed or implied, shall not
constitute consent to, waiver of, or excuse for any other
different or subsequent breach.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms of Use are subject to the laws of India. These
Terms of Use shall be governed by the laws of India. Subject
to Clause 16.2 below, courts and tribunals of New Delhi,
India, have exclusive jurisdiction to settle any dispute
arising out of or in connection with these Terms of Use
(including any disputes regarding the existence, validity or
termination of these Terms of Use).
All disputes arising out of or in connection with the Terms of
Use shall be attempted to be settled through negotiation
between senior management of the Company and the User. If any
dispute arising between the Parties is not amicably settled
within a reasonable period of sixty (60) days of the
initiation of the aforesaid dispute resolution mechanisms,
then, the same shall be resolved by arbitration in accordance
with the provisions of the Arbitration and Conciliation Act,
1996, as applicable and amended from time to time.
The dispute shall be referred to a sole and independent
arbitrator to be appointed/ nominated by the Parties. The seat
and venue of the arbitration shall be New Delhi, India.
The language of the arbitration will be English. The decision
of the arbitrator will be final, binding, and incontestable
and may be used as a basis for judgment thereon in India or
elsewhere. The Company and the User will bear its own costs of
the arbitration.
NOTICES
The Company may give notice by means of a general notice on
the User Profile or Platform, or by electronic mail to User’s
email address or contact number, or by written communication
sent by regular mail to User’s address on record in the User
Profile.
FORCE MAJEURE
The Company shall not be liable for any failure to perform any
obligations under these Terms of Use or in respect of the
provision of the Service(s) through the Platform if the
performance is prevented, hindered or delayed by a Force
Majeure Event and in such case, its obligations shall be
suspended for so long as the Force Majeure Event continues.
Other than that, when expressly allowed, any use of our
content and it being reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted
or distributed in any way (including "mirroring") to any other
computer, server, website or other media for publication or
distribution or for any commercial enterprise, without our
express prior written consent is not allowed.
No partnership, joint venture or relationship of employee/
employer or franchisor/ franchisee arises between you and Us
by reason of the Terms of Use.