1.3 For the purpose of these Terms, wherever the context so requires "you", "your" or "User(s)" shall mean any natural or legal person who accesses the Website or avails any of the Services that are offered herein. The term "we", "us", "our" shall mean the Company.
1.4 This Website provides the User withaccess to information and materials about the Company and its partners.These materials may include information related to certain services provided through the Website and contests, promotions or sweeps takes offered by the Company. The Website also contains a description of the Services provided, information, materials, text, graphics, photographs, illustrations, videos, displays, images, audio, music, button icons, data compilations, files, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (collectively with all information and material about the Company and Services “Content”).
1.5 You are advised to read these Terms carefully. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use this Website or any information, Content and Services contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of the terms and conditions set forth below.
1.6 These Terms may be changed, modified, supplemented or updated from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms if you continue to use this Website after such changes are posted. Unless otherwise indicated, any new Content, and Services added to this Website will also be subject to these Terms effective upon the date of any such addition. You are encouraged to review the Website and these Terms periodically for updates and changes.
2. ACKNOWLEDGEMENT AND ACCEPTANCE TO THE TERMS: 2.1 The Services offered on our Website, are provided to you in accordance with the Terms provided herein, the Agreements and any operating rules or policies that may be published by us on our Website. These Terms along with the Agreements constitute the legal and binding agreement upon which you are allowed to access and use the Website and avail the Services.
3. SERVICE: 3.1 The Company provides its users with a variety of services which include: A. Private jet holidays; B. Our India page- which include services of road/luxury train, guides, resorts etc.; C. Our world page- which include services of road/luxury train, guides, resorts etc; D. Experiences page- information regarding various unique experiences in India/ world in textiles / food / culture etc. E. Balance information page- about various wellness / treatment resorts(collectively referred to as “Services”).
3.2 The products and service statements on this Website are for general description purposes only. Furthermore, not all the Services are available in every state or country. We request you to send us a message via our Contact Us page, and upon confirmation of availing the Services, we may in our discretion, if the need arises, provide you the name/ details of the agent who can supply you with details regardingterms and conditions, exclusions, products and Services.
3.3 You may follow the instructions as available on the Website or contact us at email@example.com to avail any of the Services we provide.
3.4 The details regarding the pricing shall be based on the Services that you choose along with the applicable taxes, the details of which will be individually provided to you.
3.6 In the event that you make the payments for the Services on the Website, in addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for the Services and the Company does not control the same and shall not be liable for the same. Payment Facility for the Services: The Company may from time to time contract with third party payment service providers including banks to open a nodal bank account under applicable Indian laws, to facilitate the payment on the Website. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers via bank transfer, via cheque or through any facility as maybe authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
3.7 In the event of any booking/ cancellation/ any other changes requested in the Services by you, the same shall be subject to the availability of tickets/ vacancy in the hotel/applicable government guidelines and the applicable policies and guidelines as formulated by the airline/ transport agency/ hotel/ government agency.
4. ELIGIBILITY TO USE THE SERVICES: 4.1 The Services are available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Services. If you are a minor i.e. under the age of 18 years, you may use the Website or access Content herein only under the supervision and prior consent/ permission of a parent or legal guardian. By the use of the Website you confirm that you must possess the legal authority and capacity to create a binding legal obligation, including to be bound by the terms of this Agreement and your use of the Website does not violate any law, statute, ordinance, rule or regulation.
5. ACCOUNT REGISTRATION: 5.1 In order to use the Services you may be required to register and create an account ("Account"). During the registration process, you will be required to provide certain information to us and you will establish a username and a password (your “Account Credentials”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safe guarding your Account Credentials. You agree not to disclose your Account Credentials to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. By registering for an Account, you agree that we may send you occasional emails relevant to your Account or to your use of the Services. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security that you become aware of.
6. AVAILABILITY OF SERVICE: 6.1 Due to offers that are limited in time or availability, certain Services described on this Website may not be available to all Users. 6.2 This Website may provide certain summary descriptions or other helpful information regarding the Services. We attempt to be as accurate as possible; however, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual service agreement to which they refer.
7. USE OF CONTENT: 7.1 The Company hereby grants you a non-exclusive, revocable and non-transferable right to view all information pertaining to the Services offered, subject to the following conditions: · You may access and use the details of the Services we offer or our product catalogues solely for personal, informational and internal purposes, in accordance with these Terms; · You may not modify or alter any aspects of the Services we offer that are available on the Website; · You may not distribute or sell, rent, lease, license or otherwise make available on the Website available to others; and · You may not remove any text, copyright or other proprietary notices available on the Website.
7.2 The rights granted to you in the Content or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3 Any software that is available on the Website is the property of the Company or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of the Company.
7.4 The Company has no control over, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of any third party websites or mobile/tablet applications or which is made available by/through the Website. Inclusion of any link on the Website does not imply that the Company endorses the linked site. User may use the links and these services at User’s own risk.
7.5 The Company reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Ads”. Without prejudice to the status of other content, the Company will not be liable for the accuracy of information or the claims made in the Sponsored Ads. The Company does not encourage the Users to visit the Sponsored Ads page or to avail any services from them. The Company will not be liable for the services of the providers of the Sponsored Ads.
8. YOUR OBLIGATIONS: 8.1 Obligations: Your obligations are: · You agree to adhere to all limitations on dissemination, use and reproduction of any materials that your access on the Website in accordance with section 7 of the Terms. · You have to provide true, accurate, current and complete information about yourself while completing the registration process on the Website. · You should maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, incomplete or not current or if the Company has reasonable grounds to suspect that such information is false, inaccurate, incomplete, not current or not in accordance with these Terms, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to our Website. · You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. · In the event that a non-delivery occurs due to which the Services may not be adequately rendered on account of a mistake by you (i.e. any wrong information), any extra cost incurred by the Company shall be claimed from you and you shall bear such expenses. · You will provide authentic and true information in all instances where such information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. Further, the Company also reserves the right to ask for additional information for accepting the Service request or before confirming the Servicesin certain cases. If upon confirmation, your details are found to be false (partially or completely), the Company has the right in its sole discretion to reject the registration and debar you from using the Services. In such an event, any extra cost incurred by the Company shall be claimed from you and you shall bear such expenses. · If there is any delay in completing theServices caused due to any occurrence of a Force Majeure Event (as hereinafter defined), public holiday or any other unforeseen circumstance, then you shall not hold the Company liable for such delay in the delivery.
8.2 Prohibitions: When using the Website, you agree not to: · Disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Website or any computer network; · Circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Website; · Use our Website in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website; · Upload, transmit, distribute, or run any computer virus, worm, trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Website, or any other system, device or property; · Use any software robots, spiders, crawlers, or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any content on our Website; · Engage in any conduct that creates or is intended to create liability for the Company; · Transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; · Attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login to the Website as you); · Impersonate or attempt to impersonate the Company, our employee, another Website user or any other person or entity (including, without limitation, by using email addresses or screennames associated with any of the foregoing); · Use our Website in any way that violates any applicable federal, state, local or international law or regulation; · Send, knowingly receive, upload, download, use or re-use any content that does not comply with the standards and requirements set out in these Terms; · Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website or expose them to liability; · Otherwise attempt to interfere with the proper working of our Website; · Harm minors in any way; · Infringes any patent, trademark, copyright or other proprietary rights; · Violates any law for the time being in force; · Deceive or mislead the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; · Impersonate another person; or · Perform any activity that 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.
8.3 The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, and without limitation, the suspension or termination of the user's access and/or account.
9. RIGHT TO MONITOR: 9.1 The Company reserves the right to monitor the use of this Website at any time as it deems appropriate and to remove any materials that, in its sole discretion, may be illegal, may subject it to liability, may violate these Terms, or are, in the sole discretion of the Company, inconsistent with the purpose for this Website.
10. INTELLECTUAL PROPERTY: 10.1 All right, title, and interest in and to the Website and its Content, and all intellectual property rights in the Website, are retained by the Company, its affiliates, partners or licensors, and are protected by copyright, trademark, patent, intellectual property, and other laws of India. INFRINGEMENT UPON COPYRIGHT LAW IS A CRIMINAL OFFENCE AND THE COMPANY TAKES COPYRIGHT INFRINGEMENT VERY SERIOUSLY. WE MAY SCAN OTHER WEBSITES FOR DUPLICATION OF OUR PROPERTY AND PERIODICALLY CHECK FOR ANY INFRINGEMENT.
10.2 You may access and use our Website solely for personal, non-commercial purposes. Any intellectual property of the Company may not be used in connection with Services that are not provided by the Company without express written consent of the Company. Infringement includes using the Company’s property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other intellectual property not owned by the Company or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates. Except as expressly provided in these Terms, you are expressly prohibited from copying, selling, assigning, licensing, renting, reproducing, distributing, modifying, disassembling, decompiling, reverse engineering, creating derivative works of, publicly displaying, publicly performing, marketing, downloading, storing, transmitting, disclosing, or otherwise exploiting any part of the Website or any Content available on or through the Website without the express prior consent of the Company.
10.3 You may use information on the Content purposely made available on the Website, provided that you (1) do not remove or alter any copyright, trademark, or other proprietary rights notice in any and all copies of Content; (2) make no modifications to any Content or copies of any Content; (3) do not use any pictures, photographs, illustrations, video or audio sequences or any graphics separately from the accompanying text; (4) not make any additional representations or warranties relating to such information; (5) otherwise access or use any part of the Website, or any Content, for any purpose other than personal use and consumption.
10.4 Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, designs, page layout, or form)of the Company and affiliates is prohibited without express written consent. You may not use any of the Company’s logo or other proprietary graphic or trademark as part of the link without express written permission. The Company grants you limited license to access and make personal use of the Website. You are prohibited from downloading, modifying, and/or using the Website for commercial purposes without expressed written consent of the Company.
10.5 Except as set forth in this section, if you access or use, or provide any other individual with access, to any part of the Website in breach of these Terms, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the Content you made. We also reserve the right to terminate your authorization to use any Services available on or through the Website and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach these Terms.
11. LINKS TO THIRD PARTY WEBSITES: 11.1 This Website may contain hyperlinks to other sites owned and operated by parties other than the Company. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot beheld responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by the Company, you acknowledge and agree that we are not responsible for and are not liable for the content, products, services or other materials on or available from such websites.
12. INDEMNITY: 12.1 You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website; or (iii) any claim that any content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights.
12.2 The Company may notify you of any claims which you shall be liable to indemnify the Company against. You will then be required to consult with the Company regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Company without the express prior written consent of the Company which can be withheld or denied or conditioned by the Company in its sole discretion.
12.3 Notwithstanding anything to contrary as mentioned in the Agreement(s), the entire aggregate liability of the Indemnified Parties to you under and in relation to these Terms or otherwise shall not exceed the actual amount of fees for the specific milestone, if any, as paid by you to the Company in which the cause of action for the liability arose.
12.4 In no event shall the Indemnified Parties be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those related to, the use of, or the inability to use, the Website or the Content, materials and functions related thereto, the Services, User’s provision of information via the Website, loss of use, data or profits, whether or not foreseeable or whether or not Indemnified Parties 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 Content.
13. DISCLAIMER: 13.1 THE WEBSITE, SERVICES, CONTENT, AND ANY THIRD PARTY CONTENT ARE PROVIDED BY THE COMPANY ON AN "ASIS" 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, THE COMPANY MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTYRIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
13.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. THE COMPANY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BEHELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALFOF ITSELF OR THIRD PARTIES.
13.4 The information provided on this site is distributed with the understanding that the Company is not providing professional advice of any type. If you have a question requiring professional advice, such as question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.
14. TERM AND TERMINATION: 14.1 The Terms will continue to apply until terminated by either you or the Company asset forth below. If you want to terminate your Agreement(s) with the Company, You may do so by (i) not accessing the Website; or (ii) closing your account for all of the Services that you use, where the Company has made this option available to you.
14.2 You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if the Company determines that you have violated these Terms or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to the Company, for which monetary damages may be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
14.3 In addition to section 14.2 above, the Company may, at any time, with or without notice, terminate these Terms (or portion thereof) with you if: · The Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies; · The provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially viable; · The Company has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or · In the event the Company faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
14.4 The Company may also terminate or suspend all or a portion of your Account or access to the Services with or without reason. Except as may be set forth in any additional terms applicable to a particular Service, termination of your Account may include:(i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any User content uploaded by you; and (iii) prohibiting further use of the Services.
14.5 You agree that all terminations 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, or your access to the Website and Services.
14.6 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
14.7 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive unless and until the Company chooses to terminate them.
15. GOVERNING LAW AND JURISDICTION: 15.1 These Terms and all transactions entered into on or through the Website and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
15.2 You agree that all claims, differences and disputes arising under or in connection with or in-relation hereto the Website, these Terms, the Agreement(s) or any transactions entered into on or through the Website or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or here after have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
16. COMMUNICATION: 16.1 When you use the Website or send emails or other data, information or communication to the Company, you agree and understand that you are communicating with the Company through electronic records and you consent to receive communications via electronic records from the Company periodically and as and when required. The Company will communicate with you by email or by notices on Website or electronic records on the Website or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
17. GENERAL PROVISIONS: 17.1 Notice: All notices with respect to these Terms from the Company will be served to you by email or by general notification on the Website. Any notice provided to the Company pursuant to these Terms should be sent to Grievance Officer at firstname.lastname@example.org 17.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Company’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by the Company to any third parties without the requirement of seeking your prior consent. The Company may inform you of such assignment or transfer in accordance with the notice requirements under the Agreement. The Company shall have right to transfer your account and account information to a third party who purchases the Company’s business as conducted under the Website.
17.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall been forced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. the Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.
17.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
17.5 Principal to Principal Relationship: You and the Company are independent contractors, and nothing in these Terms will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and the Company. It is clarified that both you and the Company have entered this agreement on principal to principal basis.
17.6 Force Majeure: If performance of any service or obligation under these Terms or other Agreement by the Company is, or other third parties in fulfilment of any purchase or sale transaction (for eg: logistics service provider, fulfilment center, payment gateways etc.) are prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, epidemic, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Company or its third parties performing such services as sub-contractor to the Company and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then the Company shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Company shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
17.7 Retention and Removal: The Company may retain such information collected from users from the Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the applicable law. Computer web server logs may be preserved as long as administratively necessary.
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