To be eligible to use the services and access the site, you must:
(1) be at least 18 (or between the ages of 13 and 17 and using the site and services with parental or legal guardian consent and supervision);
(2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and
(3) not be using another member's account without her/his permission.
Access to the site and services from territories where the site and/or services are illegal is strictly prohibited.
Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.
Our role :
Amount received on sale of product (When product is sold through the member) will be distributed as follows
- 90 % of the Sale price will be directly credited in the Bank account of that particular Member or in any other mode of payment.
- 10% of the Sale price will be credited in Company's Bank Account.
So, you hereby release the Company, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such 90% amount which is directly received by you.
Becoming a Member:
It is easy to become a member of our community by following the steps on the site. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service.
You may need a username and password to use certain features of the site and services and you may create certain URLs when you establish a profile.
By selecting a user name and any particular URL you agree that you will not select or use a name or URL:
(a) of another person with the intent to impersonate that person;
(b) subject to the rights of any person without authorization;
(c) in violation of the intellectual property rights of any person; or
(d) that the Company, in its sole discretion, deems inappropriate or offensive.
You hereby expressly permit the Company to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of the Company. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify the Company immediately of any unauthorized use of your password or account or any other breach of security. Company assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. Company has the right to reclaim any user names or URLs for any reason.
You agree to:
(a) provide accurate information as prompted on the site or through the services; and
(b) Maintain and update such information to keep it accurate.
If you provide any information that is inaccurate, or Company has reasonable grounds to suspect that such information is inaccurate, The Company may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services.
Ownership of the site, Site information and services:
The site and services and all technology underlying the same are expressly owned and operated by the Company. Unless otherwise noted, the design and content features on the site and services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by the Company or its affiliates, if any, or are licensed by the Company from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
The trademarks, logos, and service marks ("Marks") displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that company sponsors or with which we are otherwise affiliated. Company's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Company's express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Company's express written consent.
No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without Company's express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information.
You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.
Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a "Widget"). Subject to your compliance with the terms, we hereby grant you a non-exclusive, non-transferable, non-sub licensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale;
Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or
Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our site.
You agree that submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.
You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
Use of Site:
The site, services and the Site Information are provided "as is" with all faults. Your use of the site, services, and the Site Information is at your own risk. The site, services or Site Information may contain errors or omission, or may be out of date. The site, services or Site Information may, without prior notice, change, be deleted or updated at any time.
As a condition of your use of the service or the site, you promise to:
a. Use the service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the site and services;
b. Use the service so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others' legal rights or use or enjoyment of the service; and
c. Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion:
(1) are illegal;
(2) Result in the infringement of the intellectual property rights of others or libel or defamation of another person; or
(3) Harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on the Company without our prior written consent.
You may seek permission by sending an email to firstname.lastname@example.org. If we consent, you take full responsibility for the Promotion, and
you agree that:
(a) such Promotion shall comply with all applicable laws;
(b) you are solely responsible for all facets of the Promotion;
(c) you may not use the Marks or any other the Company intellectual property in the rules or any other materials relating to the Promotion, without the Company's express written permission;
(d) such Promotion does not require making a donation as the only way to enter;
(e) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the state in which you reside; and
(f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the site: (i) the Company does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases the Company from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to the Company.
When you are using the site and/or the services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the site or through the services (collectively "User Generated Content"). You alone, not the Company, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to the Company, you hereby grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.
You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not:
- provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- create any liability for the Company or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- engage in any conduct that, in the Company's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the site or services;
- use the site or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the site or services or their respective features, or disobey any requirements of the networks the Company uses to provide the site or services;
- obtain or attempt to obtain any materials or information not intentionally made available through the site or services; - use the site or services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- engage in advertising or commercial solicitation of any product or service without the Company's written consent;
- gather for marketing purposes any email addresses or other personal information that has been posted by other users;
- post any identification documents or sensitive information about another person.
The Company shall have the right, but no obligation, to monitor User Generated Content and other features of the site and services to determine compliance with these terms and any other operating rules we establish.
The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the site or services. We do not control any User Generated Content that you or other users may provide.
The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Generated Content, whether it is provided by the Company, our employees, or a third party.
Under no circumstances will the Company be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the site or services. the Company is not responsible for any offensive, defamatory, obscene or any other posting made through the site or services.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the Company's sole discretion is inappropriate, objectionable or in violation of these terms.
Any user who feels that a posted message is objectionable is encouraged to Contact Us immediately by email to email@example.com.
the Company respects the intellectual property rights of others and requires those that visit the site and use our network to do the same. the Company may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others.
The Company also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others' copyrights, the Company may in its sole discretion terminate those individuals' rights to use the site or our network.
If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify the Company's copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Suspension or Termination of Your Use of the Site:
These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms.
The Company has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for any termination of your account.
If you want to terminate any services provided by the Company, you may do so by notifying the Company at any time, with your notice sent, in writing, to our address set forth below. Termination of any service includes removal of access to such service and barring of further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed.
All provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but the Company has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites.
You understand that, except for information, products or services clearly identified as being supplied by the Company, we do not operate, control or endorse any information, products or services on the Internet in any way. the Company does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk.
You agree to indemnify, defend and hold the Company and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from:
(a) your use, misuse or abuse of the site, services or the Site Information;
(b) your User Generated Content; or
(c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in the Company's defense of any claim. the Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the Company's written consent.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, the Company, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. the Company, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. The Company ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
LIMITATION ON LIABILITY:
the Company, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY COMMISSION THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL the Company BE LIABLE TO YOU. YOU AND the Company AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE the Company, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.
Security of the Site:
The Company maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems and our MEMBERS. For example, for the security of your online visit to the site, the Company may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while the Company strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, the Company will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.
When you visit the site, use the services or send emails to the Company, you are communicating with us electronically. You consent to receive communications from the Company electronically. The Company may communicate with you by email or by posting notices on the site.
Jurisdiction and Governing Law:
You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Gujarat, without giving effect to its conflicts of law's provisions.
Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider.
The ADR Provider and the parties must comply with the following rules:
(1) The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
(2) All arbitration proceedings shall be held in English;
(3) The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and
(4) Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
Notwithstanding the foregoing, the the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Gujarat law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the site or services.
Any other dispute (including whether the claims asserted are abatable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law.
The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures").
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and the Company must abide by the following rules:
(I ) ANY CLAIMS BROUGHT BY YOU OR the Company MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
(ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
(iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
(iv) the Company also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;
(v) the arbitrator shall honor claims of privilege and privacy recognized at law;
(vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award;
(vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
(viii) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation act.
Companied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction.
The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Gujarat law or United States federal law.
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
Such claims shall be exclusively brought in the state or federal courts located in Gujarat. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Gujarat, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Gujarat for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of (d) (I) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Company shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Gujarat. By using the site or services in any manner, you agree to the above arbitration provision.
It is the express wish of the parties that the terms and all related documents have been drawn up in English...
Modification of the terms:
In the Company's sole discretion, we may unilaterally amend or modify these terms or any other documents referenced herein at any time by posting on the site. The date of the most recent revision will appear at the top of this page. If the Company has a working email contact for you and the changes to the terms are material, the Company may notify you of such changes by sending you an email to the address you have provided to us.
The Company encourages you to review these terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in the Company's sole discretion and as posted to the site. Continued use of the site constitutes acceptance of any modified terms and conditions.
the Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the site, which may be posted in the relevant parts of the site, and will be identified clearly and conspicuously. For example, the Company may post additional rules to participate in a promotion. Your continued use of the site constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these terms.
Miscellaneous Other Provisions:
The Mean Lawyer told us that these are standard terms in all contracts. Enjoy.
In the event that one or more portions of these terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms.
If the Company fails to enforce any parts of these terms, it will not be considered a waiver.
These terms make up the entire agreement between you and the Company regarding the site and supersede any prior agreements.
These terms do not confer any third party beneficiary rights.
You will not assign or transfer any of your rights or responsibilities under these terms to anyone without the Company's express written permission.
the Company may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these terms shall prevent the Company from complying with the law.
the Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
USE OF YOUR PERSONAL INFORMATION
We use your information to better understand your needs and provide you with better service. Specifically, we use your information to provide you our products and services, to communicate back to you, to update you on services and benefits, and to personalize our Sites for you. Credit card and bank account numbers are used only for payment processing and are not retained for other purposes.
We do not sell customer or mailing lists to outside parties, including marketers.
We protect your information:
We only share your information in the following limited situations: to financial entities regarding financial transaction issues; to entities, including law enforcement, as required by law or in legal proceedings; to contractors and other entities to fulfill your product or service; or with your consent. We will only share the personal data you provide online with other entities and/or business partners who are acting on our behalf for the uses described above. Such our entities and/or business partners, in any countries, are governed by our privacy policies with respect to the use of this data and are bound by the appropriate confidentiality agreements.
We will never give or sell your personal information to be used for the purposes of sending you unsolicited commercial offers (such as Spam) from any third party. We may need to contact you for purposes other than marketing, as for example regarding the status of the Site, your account or other matters related to your role as our Associate. You may not opt-out of these kinds of communications.
DISCLOSURE OF PERSONAL INFORMATION AS REQUIRED BY LAW
We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to
(a) comply with a current judicial proceeding, a court order or legal process served on us,
(b) protect and defend our rights, or
(c) protect the rights, property, and other interests of our users or others.
BUSINESS TRANSFERS :
Protecting the security of your personal information is very important to us. If you register with us, your online account information is protected by a password chosen by you. Access to that online account requires your username and password. We recommend that you do not disclose your username and password to any other person.
To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use the latest in encryption technology when collecting or transferring sensitive data, such as credit card and bank account information.
We take commercially reasonable precautions to protect your information. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information.
We also make an effort to protect your information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers that store your personally identifiable information are housed in a secure environment.
When registering for access to a secure area of the Site, we will ask you to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered site and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence when accessing your computer.
CORRECTING, UPDATING, DELETING AND DEACTIVATING PERSONAL INFORMATION:
If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information.
Information that is submitted to our Sites will be collected, processed, stored, disclosed, and disposed of in accordance with applicable International laws. You agree and acknowledge that we may collect and use your personal data and disclose it outside your resident jurisdiction, as discussed in "Whom We Share It With" above. In addition, such information may be stored on servers located outside your resident jurisdiction.
International law may not provide the degree of protection for information that is available in your country. By providing us with your information, you acknowledge that you have read this Policy, understand it, agree to its terms and consent to the transfer of such information outside your resident jurisdiction. If you do not agree to this policy, please do not use the Sites.
We do not knowingly collect information from minors. If you are under 18, please do not provide any personal information to us. If any information is collected from minors in error, we will delete such information immediately. You may contact us at firstname.lastname@example.org, if you believe that any information was unknowingly collected from a minor.
CHANGES TO THESE TERMS:
We respect the online privacy of all online visitors. By using the Site, you consent to the collection and use of this information by us in a manner consistent with the guidelines stated in this policy.