- This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The domain name www.rxprt.com (“rxprt”), is owned and operated by RXPRT ADVISORS PVT LTD (“Company”) incorporated under the provisions of the Companies Act, 2013, and having its registered office at 224, Ground Floor, Sector-11D, Faridabad, Haryana, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
- The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.
- The term ‘Services’ shall mean and refer to any services offered by the Company including but not limited to real estate networking and consulting , sending mailers, match making, Facilitation of deals, events and meetups, verification services in partnership with various agencies etc.
- The term ‘Property’ shall mean and refer to the houses and apartment listed for sale, rent or lease on the Website.
- The term ‘Seller /Lessor’ shall mean and refer to any User who wishes to list his/her property for sale/lease/rent on the Website.
- The term ‘Buyers /Lessee’ shall mean and refer to any User who wishes purchase/lease a property listed for sale/lease/rent by any Seller/Lessor on the Website.
- The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
- OUR SERVICES:
Listing properties for Sale/lease on Our Website is free of cost at the moment. Seller/Lessors can list their properties on Our portal and potential Buyers/Lessors can view the property that are listed for sale/lease. As a Seller/Lessor You must have possession of the actual property listed and the ability to transfer the title in the same.
The Seller/Lessor shall provide the following while listing a property for Sale/lease:
Location and Contact Information
The location, city the property is in and Your contact details including your email address and cellphone number. These will guide interested Buyers/Lessors to find you and more importantly the property they intend to buy.
Provide basic information about the property:
The Seller/Lessor must disclose pertinent information as to the history of ownership of the property, location, nearby landmarks, schools, colleges, hospitals and other necessary information such as the price cap regarding lease, sale/lease or rent.
The Seller/Lessor should upload good quality pictures of multiple shots of the side, front and rear profile of the propery. Pictures of the Interiors, can further propel the Seller/Lessors chances.Buying
The Buyers/Lessors can choose from a variety of property listed for sale/lease on the Website by the Seller/Lessors. The Buyers/Lessors can also search a particular Property, which he/she wishes to buy. When You accept the offer of the Seller/Lessor, You agree to purchase a property at a price and on such terms, as said by the Seller/Lessor.
The Website strongly advises Buyers/Lessors not to test the Website with false purchase requests, as it will put the Buyers/Lessor at substantial personal legal risk. It is a crime to use false names or identities and other false personal information to buy Properties on the Website. Willfully entering erroneous or fictitious purchase request may result in prosecution by the Company. Please be aware that even if You do not give the Website Your real name and identity, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.RENT
All information provided by all Users are self-declared and not verified by Rxprt. Any and all information posted by any User includindg but not limted to their photographs, videos, information and videos Rxprt has the right to use this Content for promotions or marketing purposes.
Rxprt allows users to contribute different kinds of Content, including reviews, photos and videos. You alone are responsible for Your Content posted on the Website/Application. The User’s contributions to the Website should be unbiased and objective. Rxprt does not and cannot review all communications or Content uploaded to the Site and is not responsible for the Content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, Rxprt shall delete/ remove/ modify/ block the content/ reviews if, the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any User for private/ personal/ professional reasons.The User acknowledges and agrees that Rxprt may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and film of Customer obtained through the Platform(s) to create marketing materials (collectively, “Content”), in whole or in part, in any manner or media as Rxprt sees fit. Content related to business photos and videos should be broadly relevant to the business and reflect the typical consumer experience (e.g., what the business looks like, what the business offers, etc.).If You post a photo or video that showcases a more unique personal experience with a business, We may remove it from the photo gallery for the business, but it still may appear alongside Your review if you write one about the business.Guidelines for uploading photos and videos:
All photos and videos should be broadly relevant to the Property and reflect the typical consumer experience (e.g, what the Property looks like, what the business offers, etc.).
If You post a photo or video that showcases a more unique personal experience with a Property,We may remove it from the photo gallery for the business, but it still may appear alongside Your review if You write one about the business.
Photo Videos and depicting of imagery showing violence, drug use, nudity, near nudity, or suggestive acts shall not be uploaded. The Website shall delete any such Content.
Users shall not use their videos to disparage other businesses. Also Users shall not request or solicit reviews from other Users or respond to User reviews.
Rxprt reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Rxprt or as it may direct.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Website; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 15, 17 & 19, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Property and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 4 herein above.
In order avail the services of the Website and for buying and selling on the Website, registration is required. In order to sell, buy and lease Property on this Website, You are required to register Yourself by providing the following information which inter alia includes Name, User Name, Password, Email ID, Mobile Number, permanent account number (PAN), Bank Account Details, Etc.
Buyers/Lessors who register on the Website can purchase Property from Seller/Lessors on the Site. Those Seller/Lessors whose online registration is completed should submit a copy of the documents of the Property for verification to the Company. Seller/Lessors who have registered with the Website can list their Property for Sale/lease on the Website.
By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to [firstname.lastname@example.org] with the subject [stop communications]. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.The User expressly agrees that notwithstanding anything contained herein above, he/she may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The use of this Website by the User, such as browsing the listing of Property for sale/lease is free of cost. The User is only required to pay for the services availed by the User of the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway, which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- COMPLIANCE WITH LAWS
All dealing Users of Website are informed to comply with the applicable laws including but not limited to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively and relevant amendment from time to time.
- USER OBLIGATIONS
Usage of Website
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
- is bound not to 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 Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company.
- agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. 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 Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 13 hereinbelow.
- The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Property/services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their Property through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
- In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
- Further undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
- Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
- Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
- Collect or store data about other users of the Website.
- Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
- Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
- Publish, post, or disseminate information that is false, inaccurate or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
- Engage in advertising to, or solicitation of, other users of the Website to buy or sell, rent any Property or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the expresss prior written consent of the Company.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has 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. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
Buyers/Lessors and Seller/Lessors
- Rxprt.com advises you not to test the site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use false names, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by Rxprt.com. Please be aware that even if you do not give Rxprt.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. As a Seller/Lessor You certify that all information provided by you against your listed Property is true. Individual Seller/Lessor can list one Property at a time and needs to make Rxprt.com aware of its timely status.
- As a registered member, You may list Property for sale/lease on the Site. You must be legally able to sell/lease the Property(s) You list for sale/lease on our Site. Listings may only include text descriptions, graphics and pictures that describe your Property for sale/lease. All listed Property must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the Property listing or elsewhere on the Site other than in the Sell Property Form is expressly prohibited and would be considered as a breach of the User Agreement. The listing description of the Property must not be misleading and must describe actual condition of the product. If the Property description does not match the actual condition of the Property, you agree to refund any amounts that you may have received from the Buyers/Lessor.
- SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
- INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.In no event shall the Company/Website be liable to compensate 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, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Property, services or materials contained therein.The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.The User is aware that the Property displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said Property resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned Property are listed for sale/lease to the users of the Website, and the neither the Company nor the Website owns any of the intellectual property relating to the Property displayed on the Website.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- DISCLAIMER OF WARRANTIES AND LIABILITIES
- Except as otherwise expressly stated on the Website, all Property/services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.
- The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose or non-infringement.
- The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
- The Website and the Company 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 any product purchased or service availed of by the User from the Website.
- The Company is not responsible for non-delivery or delayed delivery of Property or unsatisfactory condition of purchased Property, and any such issue shall be taken up by the Buyers/Lessor with the Seller/Lessor directly Buyers/Lessor and Seller/Lessor shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc.
- As a Seller/Lessor, You are solely responsible to ensure that the Property made listed by You on this Site, are non accidental, are not stolen or obtained by way of theft, fraud, any other illegal means etc. The Website and the Company accepts no liability for any such Property listed on the Website by any Seller/Lessor.
- The Seller/Lessor represents and warrants that he/she shall be the sole and exclusive legal owner of all Property, goods or products of any description that he/she wishes to offer for sale/lease on the Website or shall have the complete rights bestowed on him by the Property owner in written and that the Seller/Lessor should have the authority to deal in and offer for sale/lease such Property, goods or products.
- The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
- Any material, contents or information downloaded or otherwise obtained from the site is subject to this agreement and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- Rxprt or its affiliates, employees, agents or consultants shall in any event be liable for any indirect, incidental or consequential damages such as, but not limited to, loss of business information, loss of goodwill, business interruption or loss of anticipated profits or benefits resulting from use of the site or any part or whole of the content or arising out of any breach of warranty even if Rxprt or its affiliates, employees, agents or consultants have been advised of the possibility of such damages.
- Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on Rxprt information, from inability to use Rxprt information, or from the interruption, suspension, or termination of access to the content or site (including such damages incurred by third parties).
- This limitation shall also apply, without limitation, to the costs of procurement of substitute content, loss of goodwill, loss of profits, or loss of data. Such limitation shall further apply with respect to the performance or non-performance of Rxprt or any information that appears on, or is linked or related in any way to, the site provided thereunder.
- Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
- DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
- Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Faridabad, Haryana.The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Faridabad, Haryana, and that the Courts at Faridabad, Haryana shall have exclusive jurisdiction over any disputes arising between the Parties.
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 Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD)
- MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, 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 such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.