4. INFORMATION WE COLLECT
We collect information from individuals who visit the Company’s websites (“visitors”) and individuals who register to use the services (“Subscribers” or “users”). You do not need to register in order to review the content on this Website as a visitor. Any personal information submitted to Us is optional and We use it solely for the purpose for which it is collected or for communicating with you regarding the services. At a minimum we ask for your name, email address, company, state, and contact phone number so that we may communicate with you.
6. OUR USE OF YOUR INFORMATION
You further acknowledge that the Website may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
8. DISCLOSURE OF YOUR INFORMATION
9. THIRD PARTY LINKS
Occasionally, at our discretion, we may include or offer third party products or services on our Website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
10. OPT – OUT PREFERENCES
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us.
11. ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following registration, you can review and change the information you submitted except your username, during registration. If you change any information we may keep track of your old information. You can change your registration information such as: name, address, city, state, zip code, country, phone number, and profile. We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
12. CONTROL OF YOUR PASSWORD
13. OTHER INFORMATION COLLECTORS
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We do not recommend transfer of sensitive information and bank account details via the Website. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, "perfect security" does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion. All information you provide to us is stored on secure servers in a controlled environment with limited access. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
16. CONTACTING US
1) Supreme Court of India Display Board - http://courtsdisplayboard.nic.in
2) Indian Courts - Causelists - http://clists.nic.in
3) High Court of Delhi - http://delhihighcourt.nic.in
4) Courts - Case Status - http://courtnic.nic.in
5) Madras High Court - http://www.hcmadras.tn.nic.in
6) High Court of Karnataka - http://karnatakajudiciary.kar.nic.in
7) High Court of Punjab, Haryana & Chandigarh - https://phhc.gov.in
8) High Court of Punjab, Haryana & Chandigarh - http://highcourtchd.gov.in
9) High Court of Bombay - http://bombayhighcourt.nic.in
10) Kerala High Court Advocates Association - http://khcaa.in
11) High Court of Kerala - http://highcourtofkerala.nic.in
12) High Court of Judicature at Hyderabad - http://hc.tap.nic.in
13) High Court of Judicature at Hyderabad - http://hc.ap.nic.in
14) High Court of Judicature at Allahabad - http://courtview.allahabadhighcourt.in
15) High Court of Judicature at Allahabad - http://www.allahabadhighcourt.in
16) High Court of Madhya Pradesh - http://www.mphc.gov.in
17) Rajasthan High Court - Case Status - http://rhccasestatus.raj.nic.in
18) Patna High Court - http://patnahighcourt.bih.nic.in
19) Income Tax Appellate Tribunal - http://itat.nic.in
20) Central Administrative Tribunal - http://cgatnew.gov.in
21) Debts Recovery Tribunals and Appellate Tribunals - https://www.drt.gov.in/
22) Railway Claims Tribunal - http://www.rct.indianrail.gov.in
23) Computerization and Computer Networking of Consumer Forums in Country (ConfoNet) - http://confonet.nic.in
Terms & Conditions
The following Terms of Service governs the use of the software “Vakil Desk” and services provided by Novus Softwares, New Delhi, and its subsidiaries these terms apply to the Services generally and the additional terms of service applicable to each Service offering are set forth below.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Software or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Software is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
ii) The term “Authorized User” shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.
iii) The term “Content” shall mean any information on the Software/Software or any information posted by you in connection with the Service.
iv) The term “Services” shall mean and refer to the services and software provided by Us.
v) The term “Subscriber” shall refer to the purchaser of the Services provided by Us and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.
vi) The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
vii) The terms ‘We’, ‘Us’, ‘’Our’, ‘Company’ shall mean Novus Softwares, New Delhi(A Proprietorship Firm), as the context so requires.
viii) The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services and the software provided on this Software/Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
We offer the following Services through our proprietary software “Vakil Desk” as a service platform that we host for Our Subscribers for online legal practice management. To subscribe for a Service, You must complete the sign-up procedure for that Service. You are only entitled to use the Services for which You have subscribed and paid for. We store all Content on redundant storage servers. Subscriber is only permitted to access and use the Service if he/she is a Subscriber or an Authorized User. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Service. Each Subscriber will be provided with a unique Username to access and use the Service. The Username shall only be used by the Subscriber to whom it is assigned, and shall not be shared with, or used by any other person, including other Subscribers. Each subscription may designate multiple Authorized Users. Any Authorized User shall be deemed to have the authority to manage the subscription. Subscribers are responsible for all use of the Service by authorized Users on the list of active authorized Users associated with their subscription to the Service. The Subscriber shall be the originating administrator with authority to administer the subscription and designate additional Authorized Users. Each subscription may designate multiple Authorized Users as Administrator. Any Subscriber shall be deemed to have the authority to manage the subscription and any Authorized Users. The Subscriber will deactivate an active Username if he wishes to terminate access to the Service for any Authorized User. Subscribers are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service. Subscriber will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service. Any Content uploaded or posted to the Service remains the property of the Subscriber. Upon Cancellation or Termination of Service, We shall only be responsible for the return of Content directly to the Subscriber or a designated Authorized User in the event that the Subscriber is unable to be reached. We are responsible for providing a secure method of authentication and accessing Our Service. We will provide mechanisms that: (a) allow for User password management (b) transmit passwords in a secure format (c) protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.
4. RIGHTS AND OBLIGATIONS
a. License: Subject to this Agreement, and upon timely payment of all applicable fees set forth in the Order Form or sign-up flow, we hereby grant to you a non-exclusive, non-transferable, limited right and license to use (and permit your authorized users to use) the Services to which you have subscribed solely for your internal business purposes.
b. Authorized Users: You (i) are responsible for Your authorized users' compliance with the Agreement, and (ii) shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services and shall notify us immediately of any such unauthorized access or use. It is your responsibility to remove access to the Services if authorized status of a user or designated employee changes.
c. Your responsibilities and restrictions: You are responsible for all activities that occur under Your User accounts or by Your Authorized Users. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that You submit to the Services; (ii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify us promptly of any unauthorized use or security breach; (iii) comply with all applicable local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services; (iv) obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges incurred by you in connection with your use of the Services.
d. Obligations: You are a restricted User of this Software.
i. You may not, and You shall ensure Your Authorized Users do not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Software. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Software is not permitted.
ii. You agree not to access (or attempt to access) the Software or Services by any means other than through the interface that is provided by the Software. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Software or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Software. You acknowledge and agree that by accessing or using the Software or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Software. Further, You may report such offensive content.
iii. In places where this Software allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
• Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
• Engage in any activity that interferes with or disrupts access to the Software or the Services (or the servers and networks which are connected to the Software);
• Impersonate any person or third party entity, or falsely state or otherwise misrepresent your affiliation with a person or third party entity;
• Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" under the relevant laws of India
• Post any file that infringes the copyright, patent or trademark of other legal third party entities;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Software or another's computer;
iv. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;
v. Probe, scan or test the vulnerability of the Software or any network connected to the Software, nor breach the security or authentication measures on the Software or any network connected to the Software. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Software, or any other customer of the Software, including any Software Account not owned by You, to its source, or exploit the Software or Service or information made available or offered by or through the Software, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Software;
vi. Disrupt or interfere with the security of, or otherwise cause harm to, the Software, system resources, accounts, passwords, servers or networks connected to or accessible through the Software or any affiliated or linked sites;
vii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
viii. Violate any applicable laws or regulations for the time being in force within or outside INDIA;
ix. Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.
We have no obligation to monitor the materials posted on the Software. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SOFTWARE. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Software. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
5. TERM AND TERMINATION
The term of the Agreement shall be in force for as long as You continue to access and use the Software. Either party may terminate the Agreement and all Service subscriptions if the other party breaches any of its material obligations under the Agreement and such breach is not cured within thirty (30) days of receipt of notice from the non-breaching party. Upon termination of the Agreement, You will immediately discontinue all use of the Services, cease to represent in any form that You are a User of the Services, and destroy all our Confidential Information in your possession. Neither party shall be liable for any damages resulting from a termination of the Agreement or any subscriptions to Services as provided for herein; provided, however, that the termination of the Agreement shall not affect any claim arising prior to such termination.
6. MANAGED BACKUP AND ARCHIVING
Our managed backup services are designed to facilitate restoration of Content to the server or device from which the Content originated in the event the primary data is lost or corrupted. We shall ensure recovery of lost or corrupted Content at no cost to you. Prior to any cancellation or termination of Service for any reason, Subscriber shall have at least ninety days to retrieve any and all Content.
7. TECHNICAL AND SUPPORT SERVICES
Technical support and training are available to Subscribers and Authorized Users with active subscriptions, and is available by telephone, email. Subscriber acknowledges and agrees that We may use Third Party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We will provide support services to assist Subscriber in resolving Errors (“Support Services”). Support Services do not include (a) physical installation; (b) visits to Subscriber’s site; (c) any electrical, mechanical or other work with hardware, accessories or other devices associated with the use of the Service; (d) any work with any Third Party equipment, software or services; (e) any professional services (“Professional Services”) associated with the Service, including, without limitation, any custom development, or data modelling.
8. PAYMENT, REFUNDS AND SUBSCRIPTION CHANGES
You are required to pay the non-refundable fees for the Services you wish to subscribe for ("Service Fees"). Service Fees are non-refundable even if you terminate your subscription early. You may incur other non-refundable fees or charges for your use of the Services in addition to those fees mentioned on the Software. The additional non-refundable fees and charges are set forth in the additional terms for the applicable Service. Subscribers with monthly/annual paying subscriptions will be charged upon the expiration of the period they have paid for. Subscriptions canceled prior to the expiration of the paid term, will not be charged. Monthly Subscribers will thereafter be charged in advance each 30 days. Annual Subscribers will thereafter be charged annually on the anniversary date of the initial subscription charge. All charges are final and non-refundable, including payments made by Annual Subscribers. You acknowledge that your failure to pay any fees or charges when due may result in suspension or termination of Your use of Our Services. If You fail to pay any of the fees or charges due hereunder, We have the right to engage a collections agency to collect the fees and charges and you shall pay all costs incurred by Us in connection with the collection of such past due amounts, including, without limitation, reasonable attorneys’ and collections agencies’ fees plus interest in an amount equal to the lesser of 1.0% per month or the maximum rate permitted by applicable law. The Subscription charges are subject to change upon notice. Such notice may be provided by an e-mail message to Subscriber, or in the form of an announcement on the Service.
9. CONFIEDENTIAL INFORMATION
Unless expressly authorized by the other party, neither party shall disclose to any Third Party any information or materials provided by the other party under the Agreement and reasonably understood to be confidential ("Confidential Information"), or use such Confidential Information in any manner other than to perform its obligations under the Agreement. The foregoing restrictions do not apply to any information that is in the public domain or already in the receiving party's possession, was known to the receiving party prior to the date of disclosure or becomes known to the receiving party thereafter from a third party having an apparent bona fide right to disclose the information, or Confidential Information that the receiving party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, providing receiving party provides disclosing party of timely notice of such court order or subpoena. Furthermore, you will, and will ensure your authorized users will, keep in strict confidence all passwords and other access information to the Services. This Section shall survive termination or expiration of this Agreement.
10. FORCE MAJEURE
We shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, weather and other natural phenomena; riot, sabotage, labour shortage or dispute; internet interruption, technical failure, hacking, piracy, cheating, illegal or unauthorized.
11. REVIEWS, FEEDBACK AND SUBMISSIONS
12. INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with the Software, as well as its selection and arrangement, is owned by Us. You may use the Content only through the Software, and solely for Your personal, non-commercial use. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Software, not to insert any code or product or manipulate the content of the Software in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method.
13. LIMITATION OF LIABILITY
a) The Software accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Software or any product purchased or service availed of by the User through the Software. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Software will not be liable to you for the unavailability or failure of the Software/Application.
b) Users may be held legally responsible for damages suffered by other Users, the Software or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Software.
c) All Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d) The Software expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Software and which is incurred by you in connection with the Software, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e) To the fullest extent permitted by law, the Software shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Software.
14. DISCLAIMERS OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SOFTWARE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS SOFTWARE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SOFTWARE MAKES NO WARRANTY THAT
a) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b) MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c) ANY ERRORS OR DEFECTS IN THE SOFTWARE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SOFTWARE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. SOFTWARE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR SOFTWARE WITH RESPECT TO THE THIRD PARTY SOFTWARE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
15. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS SOFTWARE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE SOFTWARE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL THE SOFTWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENODOR OR THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SOFTWARE, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Mumbai, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Chennai, Tamil Nadu, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address provided.
19. MISCELLANEOUS PROVISIONS
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Software and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
20. CONTACT US
If you have any questions about this Agreement, the practices of the Software, or your experience with the Service, you can contact us through e-mail.