A. In terms of information technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
E. The term "We", "Us", "Our" shall mean the Company. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Products” shall mean and include all the goods listed for sale on the Website. “Services” shall mean and refer to the Services offered by the Company to the Users, including but not limited to buying and selling various products. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
F. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
H. 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 Website 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 Website 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.
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 local laws of your location. The User may not use the Website Platform if he/she is not competent to contract under the local laws of your location, 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.
A User may terminate his/her use of the Platform at any time. The Platform or the Company may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
The Company reserves the right, in its sole discretion, to unilaterally terminate a User’s access to the Platform , 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 any transaction or order that the User has agreed to be a part of, through the Platform.
Any termination shall not affect the validity of any orders that have been executed prior to termination and these Terms shall continue to apply with respect to such orders.
In the event of termination, you cannot access your account or use the Platform. Any unfulfilled equerries or orders will be automatically cancelled. Any refund or cancellation requests shall be subject to the Refund and Cancellation Policy on the Platform.
Termination shall not relieve the Customer of the requirement to pay for resources spent and expenses incurred prior to the effective date of the termination (either by the User or the Platform), which fees and expenses, together with any applicable taxes, shall be invoiced to User following termination
5. SERVICE OVERVIEW
The Website acts an intermediary platform. It is a technology company which enables (i) the Buyers to browse through all the categories of products and buy product they desire (ii) a wider marketplace for Sellers to sell their products (iii) make-online payments (iv) shipping and delivery of products to most of the 193 countries (v) easy return and cancellation of the products ordered.
Registration on the Website is mandatory in order to use the many features of the Service. A non-registered User can browse through the content of the Website. You must keep your account and registration details current and correct.
The following information is collected from the Buyer’s:
date of birth.
The Website offers the Users an option of signing up through other third party social networking sites, including but not limited to Google+ and Facebook. Upon such signup, Our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system.
Membership of this website is available only to those above the age of 18 years. Barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Us. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services.
All information provided by the Users are self-declared and not verified by the Company. Any and all information posted by any Users, vests the Company with the right to use this Content for promotions or marketing purposes.
You are obliged to update the information provided by You during the registration process. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
7. PLACING AN ORDER
A. When placing an order through this Website You are be required to provide Your Name, Address, Phone number, E-mail address , KYC and password.
B. The Buyer will also have to provide his/her KYC details because it involves international trade, customs of different nations comes into play and hence requires the buyers KYC details.
C. The Buyer will also have to provide his address to which he/she would want the Products to be delivered. The Buyer shall also provide his/her Mobile Phone Number through which the conformation of the Order can be done and for the ease of delivery.
D. Any Products order that You place is subject to availability, delivery capacity and acceptance by the Website.
E. The Company/Website will not be liable to the User for any errors. For example, User should check carefully that user correctly identify each Item. If user thinks that he/she may have made a mistake, then Company/Website should be contacted. The Company/Website will confirm any changes to user Order by email or SMS.
F. After the confirmation of the order is done, the delivery team shall deliver the Product to the requested address.
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 the effect to [email protected] with the subject [unsubscribe mail]. The User agrees and acknowledges that it may take up to 5 business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, 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, including browsing the Website is free of cost. 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.
All the charges of the product are mentioned right beside the product. Price of all our products is inclusive of Customs duty. The Buyers are required to do their own due diligence before buying any products. The Buyers are have an option of paying the price online.
The sellers are required to quote the price/cost of the products they wish to sell through the Website. You are solely liable for any fraudulent transactions.
The Website does not accept ‘Cash on Delivery’ for payment. Payments are accepted only in INR. To process financial transactions on the Website we use Third Party payment gateway ““CC Avenue”” to handle the online financial transactions of the Website. We are not responsible for these Third Party services. Such services are dependent on the respective Third Party's legal terms. The billing details provided during payment should be up-to-date, such as the billing address and the user's name. Payment information on the Website of Users using our services is stored on the database for the respective website as encrypted using basic encryption which can be decrypted to reveal the original information. This information is provided to us by the Third Party payment gateway services we use to provide online payment functionality, and hence, may contain certain personal information.
We are not responsible for what information is sent to us and stored as this is sent to us by a third party and we cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the user is their first name, last name and their address zip code.
To place a valid order on the Website, the User is required to complete the transaction, including making payment for the Products opted for. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit card Partnership. It is at this stage that the User’s order is successfully placed. Thereafter, the Products purchased by the User will be activated based on successful completion of verification of information furnished by the user. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Website/Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By placing an order on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of that website. However, subject to development of the mode of payment the payment gateway might change.
11. DISCLAIMER REGARDING SERVICES
You understand and agree that the Website is just an intermediary; the Website does not represent any Buyer or Seller. We do not manufacture any products of Our own nor do we recommend any particular product. Any product bought or sold through the Website is the sole liability and responsibility of the Buyer and Seller. The cost/price of any product is provided by the Seller. The Website cross check the quality of the product offered for sale by the Seller through our fulfilment centre for quality checking but we cannot be made liable for any latent quality defect in the Product. You agree and understand that the Website is just a platform and You are solely liable for any transactions You make.
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.
13. COMMUNICATIONS AND ADVERTISEMENTS
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom You have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
14. USER’S OBLIGATIONS
You are a restricted User of this Website. Your account on this Website is subject to our approval. On being a User of this Website, You consent to the following conditions:
A. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any data or information or software obtained from the Website. 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 Website is not permitted.
B. You agree not to access (or attempt to access) the Website or Services by any means other than through the interface that is 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 Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website 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 Website. Further, You may report such offensive content.
C. In places where this Website 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:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv. 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.
v. Post any file that infringes the copyright, patent or trademark of other legal entities;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
vii. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
viii. 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. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, 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 Website;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
xi. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or outside INDIA;
xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
xv. Threaten the unity, integrity, defense, security or sovereignty of INDIA or any other country, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xvi. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside INDIA;
xvii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in 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;
xviii. 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.
You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any Services or services, including, but not limited to, Services or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service 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 person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. 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 WEBSITE AND IN YOUR PRIVATE MESSAGES. 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 Website. 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.
15. 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 of 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, at the sole discretion of the Company.
16. REVIEWS, FEEDBACK AND SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
You further agree that no Comments submitted by you on the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
17. INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with the Website, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, 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 Services or processes accessible through the Website, not to insert any code or Service or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
18. GEOGRAPHICAL EXTENT
The Website can be used in all countries worldwide. We make no representation that the content available through our Website is appropriate or available for all countries. If You access or use the Website in any countries where the Website is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
19. DISCLAIMERS OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE 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, WEBSITE MAKES NO WARRANTY THAT
YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
ANY ERRORS OR DEFECTS IN THE WEBSITE, 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. WEBSITE 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 WEBSITE 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. WEBSITE 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 SERVICE OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE SERVICES AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
20. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/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 WEBSITE, 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 WEBSITE, 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 WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
22. FORCE MAJEURE
Neither the Company nor the Website 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, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
23. 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 Hong Kong. The Arbitral award is binding on both parties. The Arbitration Board shall comprise 2 members. Arbitration shall be held at Hong Kong. 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 Hong Kong 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 [email protected]
25. 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 Mobile App and the Companyshall 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.