Terms of Use and Service for Users

       I.          Definitions

1.      Affiliates” in relation to the Company shall mean any Person that controls, is controlled by or is in common control with the Company. For purposes of this definition, “control” means the power to direct the management or policies of a Person, whether through the ownership of over fifty percent (50 %) of the voting power of such Person, or through the power to appoint more than half of the members of the board of directors or similar governing body of such Person, through contractual arrangements or otherwise;

2.      “Agreement” The Agreement or this Agreement or Terms shall refer to this Agreement;

3.      Applicable Laws” means the laws in force in India applicable to the Parties or any of their respective Affiliates, properties, assets, officers, directors or employees, agents, consultants, as the case may be, in their respective jurisdiction of existence or operation;

4.      “Business Associates” shall mean consultants, clients, employee, contract workers and any other party associated with the Company in relation to providing of Services;

5.      “Company or Eventpayg” refers to us and our company registered under the Companies Act, 2013, by the name & style ‘REWAGO MANAGEMENT SOLUTIONS PRIVATE LIMITED’ having CIN no. U74999PN2018PTC177579, having its registered office at Pune, Maharashtra. Company can be addressed as Our and Us in this Agreement;

6.      Person” means and includes any natural person and legally recognised entity;

7.      “Registered User” shall refer to Users who have registered themselves on our Website by completing the process of ‘signing-up’.

 

8.      “Services”  shall mean the Company’s business of providing an e-platform through it’s Website of providing listing of Vendors to Users who provide various services related to planning, conducting and management of various events. The Company also enlists various events;

9.      “Third Party” shall refer to any person or legal entity who is not a party to this Agreement;

10.  “Third Party Advertisers” shall refer to advertising agencies or Business Associates of the Company whose or through whom advertisements are being exhibited on the Website;

11.  “Third Party Content Providers” shall refer to those Persons who in their professional capacity provide content to the Company for its display on the Website;

12.  “User” shall refer to all Persons accessing the Website, whether registered or not. A User may be addressed as You and Your;

13.  “User Account or Account” means and refers to as the Account maintained by Registered User on the Company’s Website;

14.  “Vendor” is a third party unrelated to the Company who sells, supplies and/or provides the products and/or services and has entered into an agreement with the Company to let the Users avail the supply of goods and or services provided by them. The Company itself does not indulge in any selling activity of the Vendors;

15.  “Website” refers to our website having link ‘www.eventpayg.com’. This Website is owned and operated by the Company;

 

     II.          Interpretations

1.      In this Agreement unless the context otherwise requires:

a.      words importing any gender include every gender

b.      words importing the singular number include the plural number and vice versa;

c.      words importing persons include any natural or legally recognised entity.

d.      references to numbered clauses and schedules are references to the relevant clause in this Agreement;

e.      any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done by a Third Party;

f.       the headings/captions of the several Clauses of this Agreement are intended for convenience only and shall not in any way affect the meaning or construction of any provision therein;

g.      any reference to an enactment includes reference to that enactment as amended or  replaced from time to time and to any subordinate legislation or byelaw made under that enactment;

h.      where the word 'including' is used in this Agreement, it shall be understood as meaning 'including without limitation'.

i.       Time shall not be of the essence unless otherwise stated.

j.       Where any party comprises more than one person/organisation the obligations and liabilities of that party under this Agreement shall be joint and several obligations and liabilities of those persons/organisations.

 

   III.          Acceptance of Terms and Conditions

 

1.      By using and/or accessing, with or without registration our Website ‘Relate’, the User unconditionally agrees to the Terms and Conditions provided herein this Agreement. If you do not wish to agree to the outlined terms and conditions please refrain from using our Website

2.      Amendments and changes: The Company solely reserves the right to amend the terms and conditions at any time.  All amendments to these terms and conditions will be posted on-line on the Company’s Website. The said amendment once posted online shall be effective immediately and shall be deemed to have been read, understood and agreed by the User whenever and by whichever means the User avails the benefit of the Company’s Services. Continued use of any of the Services provided by the Company via the Website (or via other electronic or other communication from the Company) including the information services, content and transaction capabilities on the Website, shall deemed to constitute acceptance of the new terms and conditions.

 

   IV.          General Terms and Conditions

 

1.      User Accounts – Any person who has attained majority in terms of Indian Majority Act, 1875 and is of sound mind shall be competent to maintain an account on our Website thereby becoming a Registered User. Unless otherwise permitted by the Company in writing, the User is not permitted to possess more than one Account or to transfer his Account to other Users or to a Third Party. No restrictions, apart from deemed necessary for security reasons, have been imposed for accessing of Website by any person.

2.      The User acknowledges that the Company reserves the right to send them administrative and promotional emails. 

3.      By visiting our Website and seeking information about Vendors, you grant us a permission to allow our Vendors to contact you directly.

4.      The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company’s Services

 

     V.          Disclaimer of warranty; Limitation of Liability

 

1.      The User is solely responsible for all the activity that occurs while he is accessing the Website, and the Company in no way is responsible for any act or any activity or result for such or activity occurring by User’s access to the Website.

2.      The Users are advised to draw their own terms and conditions and enter into such agreements with the Vendors as they may deem fit. The Company is merely a platform for enlisting of Vendors who plan, manage and conduct events and for listing of events. The Company by itself neither plans, manages or conducts any events nor performs any service or sells any goods. The Company therefore, is not responsible for the arrangements, agreements, or any such consensual execution of work as may be agreed upon between the Users and the Vendor. For the purpose of agreement or arrangement between User(s) and Vendor(s), the Company shall remain a Third Party.

3.      The Company takes no guarantee or warranty of quality, quantity, safety, usability, fitness or another aspect of any goods or service purchase and/or utilised, for which the User has availed services of Vendors listed on the Company’s Website. The Company also does not take responsibility for the personal or professional behaviour of the Vendor for whose goods or services the User has availed using the Company’s Website.

4.      The Company shall not be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of the User, caused in whole or in part by the Vendors or which arises out of the goods and/or services provided by the Vendors.

5.      Further, the Company, under no circumstance shall be liable to refund or provide for any damages to the User or any other party on account of any loss that may have occurred directly or indirectly due to non-compliance on the part of the User with Vendor’s terms and conditions of sale or services.

6.      Descriptions of the Vendor offerings and products advertised on the Website are provided by the Vendor or other referenced third parties. The Company is not responsible for any claims associated with the description of the Vendor Offerings or Products.

7.      The Company is not responsible for up-to-date regulatory authorization, license, or certification of the Vendor. The Company does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Vendor.

8.      The User expressly agrees that use of the Website is at the User’s sole risk. Neither the Company, its holding or subsidiaries, Business Associates nor any of their respective employees, agents, and third party content providers warrant that use of the Website will be uninterrupted or error-free, on account of technical glitch or otherwise; nor do they make any warranty as to:

a.      the results that may be obtained from use of this Website; or

b.      the accuracy, reliability or content of any information, service or merchandise provided through the Website.

c.      Loss of data or damage to data that may occur to the User on account of download, installation or use of Website.

9.      The Company does not give any warranty that the Services or the Website are free from viruses or anything else which may have a harmful effect on any technology.

10.  The Company reserves the right to change, modify, substitute, suspend or remove without notice any information or Vendor listing or service from the Website from time to time without any prior notice. 

11.  The User’s access to the Website and/or the Services may be restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company assumes no responsibility for functionality which is dependant on the User’s browser or other Third Party software to operate. 

12.  This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

13.  The User specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other Users, Vendors, or Third-Parties and that the risk of injury from the foregoing rests entirely with the User.

14.  In no event shall the Company, or any Third Party Content Providers, Third Party Advertisers, producing or distributing the contents hereof, Website and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website.

15.  In addition to the terms set forth herein, neither the Company, nor its subsidiaries and Business Associates, or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.

16.  The Company shall not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement under any and all circumstances.

17.  The Company shall not be liable for the taxes levied/to be levied on the services/products for providing the Sales Invoice/Bill to the User against the services rendered or product sold by the Vendor.

18.  The Company is does not refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Website.

19.  The User hereby understands and agrees that, the Company provides a payment gateway on the Website as a functionality for execution of various payments to various Third Parties, however, the Users are bound by the Terms and Conditions of the gateway if, as and when they utilise this functionality. The Users are therefore advised to read and understand payment gateway’s terms and conditions prior to utilizing its services. The User hereby agrees and acknowledges that, the Company is not responsible for loss caused to the User on account of technical glitch, human error or any such error due to which the execution of the payment could not completed in the desired manner.

 

   VI.          Commercial Terms

 

1.      The Vendors may have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions.  The responsibility to do so is the User’s alone.

2.      The Website permits some Vendors to initiate and operate various communication channels with the Users. The User shall then be solely responsible for the details he shares or information he provides on or through such communication channels. The Company shall only provide technical medium for functioning of this communication channel and shall be responsible for hosting and technical aspects only.

 

 VII.          User Conduct

 

1.      Restrictions: The User undertakes without limitation, not to use or permit anyone else to use the Service or Website:

a.       to upload, send or receive information or data which is unlicensed, unapproved, technically harmful content, data corruptive content, obscene, confidential or contains defamatory content or any such information which is in infringement of laws in force for the time being in India.

b.      to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;

                                                    i.     for a purpose other than which we have designed them or intended them to be used;

                                                   ii.     for any fraudulent purposes.

                                                 iii.     in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

2.      Any conduct by a User, that in the Company’s exclusive discretion is in breach of the Terms of Service or this Agreement itself or which restricts or inhibits any other User from using or enjoying this Website, is strictly prohibited. The User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other online or offline services directly or indirectly competitive or potentially competitive with the Company.

The Company reserves the right to prevent any User from using the Website and the Service (or any part of thereof), if his conduct is found to be in question or contravention of such Terms as mentioned in this Agreement.

3.      Feedback - As a User the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original posting or not agreed to as part of the service to be provided; (b) leaving Feedback in order to make the Vendor appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Vendor from leaving Feedback.

4.      Sanctions for Inappropriate Use of Feedback - If you violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.

5.      Reporting Inappropriate Use of Feedback. You may contact us regarding any inappropriate use of Feedback via-email at info@eventpayg.com.

6.      3. Resolving Disputes in Connection with Feedback. In the event of any dispute between Users of the Website concerning Feedback, the Company shall be the final arbiter of such dispute. Further, in the event of any dispute between Users of the website concerning feedback, the company has the right, in its so­­le and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefrom.

7.      The foregoing lists of prohibitions provide examples and are not complete or exclusive. The Company reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services provided by the Vendors) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any postings; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. The Company reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other Users to a number that the Company deems appropriate in the Company’s sole discretion. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company's discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.The Company does not and cannot review every posting posted to the Website. These prohibitions do not require the Company to monitor, police or remove any postings or other information submitted by you or any other User.

 

VIII.          Consent For Reaching Out Via Phone Call, Sms, Email Or Any Other Form Of Electronic Communication

 

1.      It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form

 

   IX.          Equipment

User’s Responsibility: The Services and use of the Website do not include the provision of a computer, laptop or other necessary equipment to access the Website or the Services.

     X.          Intellectual Property Rights

 

1.      All Intellectual Property Rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements, whether registered or unregistered) in the Website and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

2.      None of the material listed in the clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission of the Company.

3.      The Logos and variations thereof, owned by and belonging to the Company, found on the Website are trademarks owned by the Company and all use of these marks inures to the benefit of the Company. All rights (including goodwill and, where relevant, trademarks) in the Company’s name are owned by the Company (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners. This Agreement gives you no right to such trademarks, registered or otherwise.

4.      The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner, the Company or Vendor and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.

5.      Subject to the Clause below, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under Applicable Law for data protection or such Applicable Law which provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

6.      All comments, suggestions, ideas, notes, drawings, concepts or other information:

a.       disclosed or offered to us by you; or

b.      in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas")

shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

7.      Copyright Infringement Take Down Procedure

The Company has high regard for intellectual property and expects the same level of standard to be employed by its Vendors and Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us atinfo@eventpayg.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit the Company to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."

Only the intellectual property rights owner is permitted to report potentially infringing items through the Company's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

   XI.          Monitoring

 

The Company shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms, groups and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by the Company as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion and without providing any explanation for reasons for removal thereof, finds to be in violation of the provisions hereof or otherwise objectionable.

 

 XII.          Privacy

The User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms, groups and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. The Company does not control or endorse the content, messages or information found in any Communities, and, therefore, the Company specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication which the User posts on or through the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the Company as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, User grants the Company the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.

XIII.          License Grant

 

By posting communications on or through the Company’s Website, the User shall be deemed to have granted to the Company, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.

 

XIV.          Indemnification

 

The User agrees to defend, indemnify and hold harmless the Company, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of and concerning:

a.      the use of the Website by the User;

b.      the use of the Service or Website through their password; or

c.      any breach of this Agreement by the User.

 

  XV.          Termination

 

1.      The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which the Company, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement. The Company may also remove a User on receipt of a request to remove a particular User by another User or a Third Party for reasons attributable to inappropriate conduct of the User, moral turpitude, breach of this Agreement and/or any Applicable Law. Termination of this Agreement may result in blocking of User’s access to Website.

2.      All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.

3.      Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

4.      You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account www.eventpayg.com

 

XVI.          Third Party Content

 

1.      The Company, is a distributor (and not a publisher) of content supplied by third parties including Vendors and Users. Accordingly, the Company does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, Vendors or any other Users are those of the respective author(s) or distributors and not of the Company

2.      Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its Vendorability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty).

3.      In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, User, or other users not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized employee/spokespersons while acting in official capacities.

4.      Under no circumstances the Company shall be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website.

5.      The Website contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites and the Company hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his own risk.

 

XVII.          Advertisement

 

8.      The Company may place advertisements in different locations and on the Website and at different points during use of the Service. These locations and points may change from time to time. The User is free to select or click on advertised goods and services or not as he may deem fit. If User decides to click, then he shall be responsible for consequences of the association with the Advertiser.

 

XVIII.          Force Majeure

 

Without prejudice to any other provision herein, the Company shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the Company’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of the Company’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

 

XIX.          Miscellaneous

 

1.      No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement and that party’s only remedies shall be for breach of contract as provided in this Agreement.

2.      No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

3.      The section headings used herein are for convenience only and shall be of no legal force or effect.

4.      If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

5.      All provisions of this Agreement apply equally to and are for the benefit of the Company, its subsidiaries, any holding companies of the Company, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).         

 

  XX.          Dispute Resolution

 

Any and all claims, disputes, questions or controversies involving the Company on one hand and the User (s), on the other hand (together, the “Disputing Sides” and each individually a “Disputing Side”) arising out of, relating to or in connection with this Agreement, or the execution, interpretation, validity, performance or breach hereof (collectively, “Disputes”) which cannot be finally resolved by such Disputing Sides within Sixty (60) calendar days of the arising of a Dispute by amicable negotiation and conciliation shall be resolved by final and binding arbitration to be administered by a sole arbitrator appointed mutually by the Disputing Sides in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in Pune, Maharashtra only and the arbitration proceedings shall be conducted in English. The arbitrator may award punitive, exemplary, multiple or consequential damages. In connection with the arbitration proceedings, the Disputing Sides hereby agree to cooperate in good faith with each other and the arbitrator and to use their respective best efforts to respond promptly to any reasonable discovery demand made by such Party and the arbitrator. All expenses relating to the arbitration, shall be paid by the respective Parties.

 

The arbitral award (the “Award”) shall be rendered no later than Six (6) months from the commencement of the arbitration unless otherwise extended by the arbitrator for no more than an additional Six (6) months for reasons that are just and equitable.

 

Each of the Parties expressly understands and agrees that the Award shall be the final and binding remedy between them regarding any and all Disputes presented to the arbitrator and shall be enforceable in any court of competent jurisdiction and an application may be made to such court for a judicial acceptance of the Award and to issue an order of enforcement.

 

XXI.          Governing Law

 

This Agreement and all matters arising from this Agreement shall be governed by and construed in accordance with laws of India. Subject to the provisions of the Clause XIX of this Agreement and for such matters which the Court may have jurisdiction under and in respect of any arbitration proceedings, and subject further to Applicable Laws in this regard, this Agreement shall be subject to the exclusive jurisdiction of the Courts in Pune, Maharashtra.

XXII.          Statute Of Limitations

You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.