AGREEMENT TO OUR
LEGAL
TERMS
We are Verity
Consultancy Pvt Ltd
, doing business as MY ESTATE
POINT
(
'Company', 'we', 'us', or
'our'
)
, a company registered in
India
at HG 3 , Sajani Complex,
, Nr Anuvrat Dwar ,
Citylight
, Surat
,
Gujarat
395009
.
We operate
the mobile application My
Estate Point
(the 'App')
, as well as any other related products
and services
that refer or link to these legal terms (the
'Legal
Terms') (collectively, the
'Services').
You can contact us by phone at +91 7878777111,
email at nilesh@verity.in
, or by
mail to
HG 3 , Sajani Complex,
, Nr Anuvrat Dwar , Citylight
, Surat
, Gujarat
395009
,
India
.
These Legal Terms constitute a legally
binding
agreement made between you, whether personally or on behalf of an entity ('you'
), and Verity Consultancy Pvt Ltd, concerning your
access to and
use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed
to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or
documents
that may be posted on the Services from time to time are hereby expressly incorporated
herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these
Legal Terms from time to time
. We
will alert you about any changes by updating the
'Last updated'
date of these Legal Terms, and you waive any right to
receive
specific notice of each such change. It is your responsibility to periodically review
these Legal
Terms to stay informed of updates. You will be subject to, and will be deemed to have
been made
aware of and to have accepted, the changes in any revised Legal Terms by your continued
use of the
Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under
the age
of 18 are not permitted to use or register for the Services.
We recommend that
you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to
any
registration requirement within such jurisdiction or country. Accordingly, those persons
who choose
to access the Services from other locations do so on their own initiative and are solely
responsible
for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,
you may not
use the Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual
property
We are the owner or the licensee of
all
intellectual property rights in our Services, including all source code, databases,
functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'
), as
well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by
copyright
and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United
States and around the world.
The Content and Marks are provided in
or through
the Services 'AS IS'
for your personal, non-commercial use or internal
business purpose only.
Your use
of our
Services
Subject to your compliance with these Legal Terms, including
the 'PROHIBITED
ACTIVITIES
' section below, we
grant you a
non-exclusive, non-transferable, revocable licence
to:
- access the Services; and
- download or print a copy of any portion of the Content to
which you
have properly gained access.
solely for your
personal, non-commercial use or internal business purpose.
Except as set out in this section or
elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the
Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms,
please
address your request to: nilesh@verity.in. If we ever grant
you the
permission to post, reproduce, or publicly display any part of our Services or Content,
you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure
that any
copyright or proprietary notice appears or is visible on posting, reproducing, or
displaying our
Content.
We reserve all rights not expressly
granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual
Property Rights
will constitute a material breach of our Legal Terms and your right to use our Services
will
terminate immediately.
Your submissions
Please review this section and the 'PROHIBITED ACTIVITIES
' section carefully
prior to using
our Services to understand the (a) rights you give us and (b) obligations you have when
you post or
upload any content through the Services.
Submissions: By directly sending us any
question, comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions'), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be
entitled to
its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without
acknowledgment or compensation to you.
You are responsible for what you post or
upload: By
sending us Submissions through any part of the
Services you:
- confirm that you have read and agree with our 'PROHIBITED
ACTIVITIES
' and will not
post, send,
publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate,
deceitful, or misleading;
- to the extent permissible by applicable law, waive any and
all moral
rights to any such Submission;
- warrant that any such Submission are
original to you or that you have the necessary rights and
licences to submit such Submissions
and that you have full authority to grant us the above-mentioned rights in
relation to
your Submissions; and
- warrant and represent that your Submissions do not constitute confidential
information.
You are solely
responsible
for your Submissions and you expressly agree to reimburse
us for any
and all losses that we may suffer because of your breach of (a) this section, (b) any third
party’s
intellectual property rights, or (c) applicable law.
By using the Services, you represent
and warrant
that:
(1) all registration
information you
submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of
such information and promptly update such registration information as
necessary;
(3) you have the legal capacity and you
agree to
comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Services
through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for
any illegal
or unauthorised
purpose; and
(7) your use of the Services will not
violate any
applicable law or regulation.
If
you provide
any information that is untrue, inaccurate, not current, or incomplete, we have
the right to
suspend or terminate your account and refuse any and all current or future use
of the
Services (or any portion thereof).
You
may be
required to register to use the Services. You agree to keep your
password
confidential and will be responsible for all use of your account and
password. We
reserve the right to remove, reclaim, or change a username you select if
we
determine, in our sole discretion, that such username is inappropriate,
obscene, or
otherwise objectionable.
We accept the following forms of
payment:
- Visa
- Mastercard
- UPI
- Netbanking
- American Express
You agree to provide current,
complete, and
accurate purchase and account information for all purchases made via the Services. You
further agree
to promptly update account and payment information, including email address, payment
method, and
payment card expiration date, so that we can complete your transactions and contact you
as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at
any time. All payments shall be in
Indian rupees.
You agree to pay all charges at the
prices then in
effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider
for any such
amounts upon placing your order. We reserve the right to correct any errors or mistakes
in pricing,
even if we have already requested or received payment.
We reserve the right to refuse any
order placed
through the Services. We may, in our sole discretion, limit or cancel quantities
purchased per
person, per household, or per order. These restrictions may include orders placed by or
under the
same customer account, the same payment method, and/or orders that use the same billing
or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be
placed by
dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically
renew unless
cancelled. You consent
to our
charging your payment method on a recurring basis without requiring your prior approval
for each
recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle is annual.
Cancellation
All purchases are non-refundable.
You can cancel your subscription at any time by
contacting us
using the contact information provided below. Your
cancellation will
take effect at the end of the current paid term. If you have any questions or are
unsatisfied with
our Services, please email us at nilesh@verity.in.
Fee Changes
We may, from time to
time, make changes to
the subscription fee and will communicate any price changes to you in accordance with
applicable
law.
You may not
access or
use the Services for any purpose other than that for which we make the Services
available. The
Services may not be used in connection with any commercial
endeavours except those that are specifically endorsed
or approved
by us.
As
a user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or
compile, directly
or indirectly, a collection, compilation, database, or directory
without written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in
any attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related
features of
the Services, including features that prevent or
restrict the use or
copying of any Content or enforce limitations on the use
of the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or
the
Services.
- Use
any information obtained from the Services in order to
harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false
reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any
applicable laws or
regulations.
- Engage
in unauthorised framing of or linking to
the
Services.
- Upload
or transmit (or attempt to upload or to transmit)
viruses, Trojan
horses, or other material, including excessive use of
capital
letters and spamming (continuous posting of repetitive
text), that
interferes with any party’s uninterrupted use and
enjoyment of the
Services or modifies, impairs, disrupts, alters, or
interferes with
the use, features, functions, operation, or maintenance
of the
Services.
- Engage
in any automated use of the system, such as using
scripts to send
comments or messages, or using any data mining, robots,
or similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from
any
Content.
- Attempt
to impersonate another user or person or use the
username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that
acts as a passive or active information collection or
transmission
mechanism, including without limitation, clear graphics
interchange
formats ('gifs'), 1×1 pixels, web bugs,
cookies, or
other similar devices (sometimes referred to as 'spyware' or 'passive
collection
mechanisms' or 'pcms'
).
- Interfere
with, disrupt, or create an undue burden on the Services
or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or
agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to
prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not
limited to Flash,
PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or
reverse engineer any of the software comprising or in
any way making
up a part of the
Services.
- Except
as may be the result of standard search engine or
Internet browser
usage, use, launch, develop, or distribute any automated
system,
including without limitation, any spider, robot, cheat
utility,
scraper, or offline reader that accesses the Services,
or use or
launch any
unauthorised script or
other
software.
- Use
a buying agent or purchasing agent to make purchases on
the
Services.
- Make
any unauthorised use of the Services,
including
collecting usernames and/or email addresses of users by
electronic
or other means for the purpose of sending unsolicited
email, or
creating user accounts by automated means or under false
pretences
.
- Use
the Services as part of any effort to compete with us or
otherwise
use the Services and/or the Content for any
revenue-generating
endeavour
or commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post
content. We may
provide you with the
opportunity to create, submit, post, display,
transmit, perform,
publish, distribute, or broadcast content and
materials to us or
on the Services, including but not limited to text,
writings,
video, audio, photographs, graphics, comments,
suggestions, or
personal information or other material
(collectively,
'Contributions').
Contributions may be viewable by
other users of the Services and through third-party
websites.
As such, any
Contributions
you transmit may be treated in accordance with the
Services'
Privacy Policy.
When you create or make available any Contributions,
you thereby
represent and warrant that:
- The creation, distribution,
transmission, public
display, or performance, and the accessing, downloading, or copying
of your
Contributions do not and will not infringe the proprietary rights,
including but
not limited to the copyright, patent, trademark, trade secret, or
moral rights
of any third party.
- You are the creator and owner of or
have the
necessary licences
, rights, consents, releases, and permissions to use and to
authorise
us,
the Services, and other users of the Services to use your
Contributions in any
manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release,
and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable
individual person to enable inclusion and use of your Contributions
in any
manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or
misleading.
- Your Contributions are not unsolicited
or unauthorised
advertising, promotional materials, pyramid schemes, chain letters,
spam, mass
mailings, or other forms of solicitation.
- Your Contributions are not obscene,
lewd,
lascivious, filthy, violent, harassing,
libellous, slanderous, or otherwise
objectionable
(as determined by us).
- Your Contributions do not ridicule,
mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to
harass or
threaten (in the legal sense of those terms) any other person and to
promote
violence against a specific person or class of
people.
- Your Contributions do not violate any
applicable
law, regulation, or rule.
- Your Contributions do not violate the
privacy or
publicity rights of any third party.
- Your Contributions do not violate any
applicable
law concerning child pornography, or otherwise intended to protect
the health or
well-being of minors.
- Your Contributions do not include any
offensive
comments that are connected to race, national origin, gender, sexual
preference,
or physical handicap.
- Your Contributions do not otherwise
violate, or
link to material that violates, any provision of these Legal Terms,
or any
applicable law or regulation.
Any
use of
the Services in violation of the foregoing violates these Legal Terms
and may result
in, among other things, termination or suspension of your rights to use
the
Services.
You and
Services agree
that we may access, store, process, and use any information and personal data that
you provide
following the terms of the Privacy Policy and your choices (including
settings).
By submitting
suggestions
or other feedback regarding the Services, you agree that we can use and share such
feedback for any
purpose without compensation to you.
We do not
assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are
not liable for any statements or representations in your Contributions provided by you
in any area
on the Services. You are solely responsible for your Contributions to the Services and
you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against
us regarding your Contributions.
10. MOBILE APPLICATION LICENCE
Use Licence
If you access
the Services
via the App, then we grant you a revocable, non-exclusive, non-transferable, limited
right to
install and use the App on wireless electronic devices owned or controlled by you, and
to access and
use the App on such devices strictly in accordance with the terms and conditions of this
mobile
application licence
contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2)
make any
modification, adaptation, improvement, enhancement, translation, or derivative work from
the App;
(3) violate any applicable laws, rules, or regulations in connection with your access or
use of the
App; (4) remove, alter, or obscure any proprietary notice (including any notice of
copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavour
, commercial enterprise, or
other purpose for which it is not designed or intended; (6) make the App available over
a network or
other environment permitting access or use by multiple devices or users at the same
time; (7) use
the App for creating a product, service, or software that is, directly or indirectly,
competitive
with or in any way a substitute for the App; (8) use the App to send automated queries
to any
website or to send any unsolicited commercial email; or (9) use any proprietary
information or any
of our interfaces or our other intellectual property in the design, development,
manufacture,
licensing, or distribution of any applications, accessories, or devices for use with the
App.
Apple
and Android
Devices
The following
terms apply
when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to
access the
Services: (1) the licence
granted
to you for our App is limited to a non-transferable
licence to use the application on a device that
utilises the Apple iOS or Android operating systems,
as
applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s
terms of service; (2) we are responsible for providing any maintenance and support
services with
respect to the App as specified in the terms and conditions of this mobile application
licence contained in
these Legal
Terms or as otherwise required under applicable law, and you acknowledge that each App
Distributor
has no obligation whatsoever to furnish any maintenance and support services with
respect to the
App; (3) in the event of any failure of the App to conform to any applicable warranty,
you may
notify the applicable App Distributor, and the App Distributor, in accordance with its
terms and
policies, may refund the purchase price, if any, paid for the App, and to the maximum
extent
permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever
with respect to the App; (4) you represent and warrant that (i) you are not located in a
country
that is subject to a US government embargo, or that has been designated by the US
government as a
'terrorist supporting'
country and
(ii) you are not listed on any US government list of prohibited or restricted parties;
(5) you must
comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be
in violation
of their wireless data service agreement when using the App; and (6) you acknowledge and
agree that
the App Distributors are third-party beneficiaries of the terms and conditions in this
mobile
application licence
contained in
these Legal Terms, and that each App Distributor will have the right (and will be deemed
to have
accepted the right) to enforce the terms and conditions in this mobile application licence contained in
these Legal
Terms against you as a third-party beneficiary thereof.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may
contain (or
you may be sent via the App
) links to other websites ('Third-Party Websites'
) as well as articles, photographs, text, graphics, pictures,
designs,
music, sound, video, information, applications, software, and other content or items
belonging to or
originating from third parties ('Third-Party Content'). Such Third-Party
Websites and
Third-Party Content are not investigated,
monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through,
or installed
from the Services, including the content, accuracy, offensiveness, opinions, reliability,
privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting
the use or installation of any Third-Party
Websites or any
Third-Party Content does not imply approval or
endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,
and you should
be aware these Legal Terms no longer govern. You should review the applicable terms and
policies,
including privacy and data gathering practices, of any website to which you navigate from
the Services
or relating to any applications you use or install from the Services. Any purchases you make
through
Third-Party Websites will be through other
websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases
which are
exclusively between you and the applicable third party. You agree and acknowledge that we do
not endorse
the products or services offered on Third-Party
Websites and
you shall hold us blameless from any harm caused by your purchase of such products or
services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to
you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party
Websites.
12. ADVERTISERS
We allow
advertisers to display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place such
advertisements, and
we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right,
but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
14. PRIVACY POLICY
We care about data
privacy and
security. Please review our Privacy Policy:
http://www.myestatepoint.com/Privacypolicy
. By using the Services, you agree to be bound by our Privacy Policy,
which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
India
. If you access the Services from any other region of the
world with
laws or other requirements governing personal data collection, use, or disclosure that
differ from
applicable laws in
India
, then through your continued use of the Services, you
are
transferring your data to
India
, and you expressly consent to have your data transferred
to and
processed in
India
.
15. TERM AND TERMINATION
These Legal Terms
shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate
or suspend your
account for any reason, you are prohibited from registering and creating a new account under
your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf
of the
third party. In addition to terminating or suspending your account, we reserve the right to
take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive
redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole
discretion
without notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot
guarantee the
Services will be available at all times. We may experience hardware, software, or other
problems or need
to perform maintenance related to the Services, resulting in interruptions, delays, or
errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at
any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services during
any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases
in connection
therewith.
17. GOVERNING LAW
These Legal Terms
shall be
governed by and defined following the laws of
India
. Verity Consultancy Pvt Ltd and yourself irrevocably
consent that
the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with
these Legal Terms.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or
claim related to these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes') brought by either you or us
(individually, a
'Party' and collectively, the 'Parties'
), the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided
below) informally for at least thirty (30) days before
initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the
other
Party.
Binding
Arbitration
Any
dispute
arising out of or in connection with these Legal Terms, including any question regarding its
existence,
validity, or termination, shall be referred to and finally resolved by the International
Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of
this clause.
The number of arbitrators shall be __________. The seat, or legal
place, or
arbitration shall be
Surat,Gujarat,
India
. The language of the proceedings shall be English. The
governing law of
these Legal Terms shall be substantive law of
India
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right
or authority
for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any
other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking
to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any
claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect
to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed
for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to
correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at
any time,
without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS
AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE
CAUTION WHERE
APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN
NO EVENT
WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL
AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE one (1) mONTH
PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE
ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set
forth in these Legal Terms; (4) your
violation of the
rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other
user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we
reserve the
right, at your expense, to assume the exclusive
defence and control of any matter for which you are
required to indemnify us,
and you agree to cooperate, at your expense, with our
defence of such claims. We will use reasonable
efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of
it.
23. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although
we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us
emails, and
completing online forms constitute electronic communications. You consent to receive
electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement
that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original
signature or delivery or retention of non-electronic records, or to payments or the granting
of credits
by any means other than electronic means.
25. SMS TEXT
MESSAGING
Opting Out
Please call us on +91 7878 777 111
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent
or received. The rates are determined by your carrier and the specifics of your mobile
plan.
Support
If you have any questions or need assistance regarding our SMS
communications,
please email us at nilesh@verity.in
or call at +91 7878777111
.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or
operating
rules posted by us on the Services or in respect to the Services constitute the entire
agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision
of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms
operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by
any cause beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between
you and us as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and
all defences you may have
based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these
Legal Terms.
28. CONTACT US
In order to resolve a complaint
regarding the
Services or to receive further information regarding use of the Services, please contact us
at:
Verity Consultancy Pvt Ltd
HG 3 , Sajani Complex,
Nr Anuvrat Dwar , Citylight
Surat
, Gujarat
395009
India
Phone: +91 7878777111
nilesh@verity.in