Website Terms and Conditions - Template, Sample Form Pro · IN-law
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TERMS AND CONDITIONS
Effective Date: ________
Website Covered: ________
THE AGREEMENT: The use of this website and the services provided on it by ________, having its principal place of business at ________ (hereinafter referred to as the "Owner"), are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference herein together with the Privacy Policy. These Terms of Service constitute a legally binding electronic record under the Information Technology Act, 2000 and the rules made thereunder, as amended from time to time, and do not require any physical, electronic or digital signature. Following are the Terms of Service governing your use of ________ (the "Website"), all pages on the Website, and any services provided by or on this Website (the "Services").
By accessing, either directly or through a hyperlink, the Website, and/or purchasing anything from us, you engage in our "Service" and agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service, read with the Privacy Policy, constitute the "terms of service" and "privacy policy" required to be published under Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms of Service apply to all users of the Website, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of content. You acknowledge and agree that the Website may collect, use, store and process your personal information in the manner described in our Privacy Policy, in accordance with the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000.
§ 1. DEFINITIONS
1.1. The parties referred to in these Terms of Service shall be defined as follows:
1.1.1. Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it available to users. ________, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
1.1.2. You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term "User" or "you" shall mean any natural or legal person who is accessing the Website. The term "Your" shall be construed accordingly.
1.1.3. Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as the Parties.
1.1.4. Applicable Law: means the Indian Contract Act, 1872, the Information Technology Act, 2000, the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, the Digital Personal Data Protection Act, 2023, and all other statutes, rules, regulations, notifications and orders in force in India as may be applicable.
§ 2. ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by them. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide the use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner and shall form a valid and binding contract under the Indian Contract Act, 1872.
§ 3. AGE RESTRICTION & CAPACITY
You must be at least 18 (eighteen) years of age and competent to contract under Section 11 of the Indian Contract Act, 1872, to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 (eighteen) years of age and may lawfully enter into and be bound by these Terms of Service. Where You are accessing the Website on behalf of a legal entity, You represent that You are duly authorised to bind such entity. The Owner assumes no responsibility or liability for any misrepresentation of Your age or capacity.
§ 4. ABOUT THE WEBSITE
The Website is an online store which carries out the sale of the following: ________. We reserve the right to refuse service or to refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time, subject to Applicable Law.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights of, or restricting the use of this Website by, any third party.
§ 5. LICENSE TO USE WEBSITE
5.1. The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable licence to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose, and this licence terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.
5.2. You agree not to collect the contact information of other Users from the Website, or download or copy any information by means of unsolicited access, so as to communicate directly with them or for any reason whatsoever.
5.3. Any unauthorised use by you shall terminate the permission or licence granted to you by the Website, and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
§ 6. INTELLECTUAL PROPERTY
6.1. You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights (under the Copyright Act, 1957), trademarks (under the Trade Marks Act, 1999), trade secrets, patents, designs and other intellectual property ("Owner IP"). You agree that the Owner owns all rights, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without the express written permission of the Owner.
6.1.1. In order to make the Website and Services available to You, You hereby grant the Owner a royalty-free, non-exclusive, worldwide licence to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website ("Your Content"). The Owner claims no further proprietary rights in Your Content.
6.1.2. If You believe that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us at ________ with the particulars required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and We shall take action in accordance with Applicable Law.
§ 7. USER OBLIGATIONS
§ 8. PAYMENT & FEES
Should You register for any of the paid Services on this Website, or purchase any product or service on this Website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts ("Fees") will be described to You during Your account registration and/or confirmation process. The final amount required for payment, inclusive of all applicable taxes including Goods and Services Tax (GST) levied under the Central Goods and Services Tax Act, 2017 and allied legislation, will be shown to You immediately prior to purchase. All payments shall be processed through payment systems compliant with the directions of the Reserve Bank of India.
We reserve the right to refuse service or to refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time, subject to Applicable Law.
§ 9. ACCEPTABLE USE
9.1. You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.
9.2. You further agree not to host, display, upload, modify, publish, transmit, store, update, share or use the Website or Services to:
9.2.1. harass, abuse, or threaten others or otherwise violate any person's legal rights;
9.2.2. violate any intellectual property rights of the Owner or any third party;
9.2.3. upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
9.2.4. perpetrate any fraud;
9.2.5. engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
9.2.6. publish or distribute any obscene or defamatory material;
9.2.7. publish or distribute any material that incites violence, hate or discrimination towards any group;
9.2.8. unlawfully gather information about others; or
9.2.9. host, display or share any information which is prohibited under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, or which is otherwise unlawful under any Applicable Law.
9.4. You agree to comply with all Applicable Law concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law, or encourage the use of controlled substances.
9.5. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. We shall act on receipt of actual knowledge or a court order or a notification from the appropriate Government or its agency within the timelines prescribed under Applicable Law.
9.6. You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to the Copyright Act, 1957).
§ 10. COMMUNICATION & CONSENT
You understand that each time you use the Website in any manner, you agree to these Terms of Service. By agreeing to these Terms of Service, you acknowledge that you are interested in availing and purchasing the Services that you have selected, and you consent to receive communications via telephone or electronic records from the Website, including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication may also be effected by posting notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or unsolicited commercial communication under any Applicable Law. You may withdraw your consent to receive promotional communications at any time by writing to ________.
§ 11. AFFILIATE MARKETING & ADVERTISING
The Owner, through the Website and Services, may engage in affiliate marketing whereby the Owner receives a commission on, or percentage of, the sale of goods or services on or through the Website. The Owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation, and shall make such disclosures as required under the Consumer Protection Act, 2019 and the guidelines issued thereunder.
§ 12. PRIVACY & DATA PROTECTION
12.1. Through Your use of the Website and Services, You may provide Us with certain personal data. By using the Website or the Services, You consent to the collection, use, storage, processing and transfer of Your personal data in India and any other country where We may operate, in accordance with the Digital Personal Data Protection Act, 2023 and our Privacy Policy. The Privacy Policy forms an integral part of these Terms of Service.
12.2. Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications You use to access Our Website, or through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
12.3. Purpose and Lawful Basis: We use the information gathered from You only for specified, lawful purposes for which You have given consent, or for legitimate uses permitted under the Digital Personal Data Protection Act, 2023, including to ensure Your continued good experience on Our Website, email communication, and to improve Our marketing and analytics, for which We may engage Data Processors.
12.4. Your Rights as a Data Principal: You have the right to access, correct, complete, update and erase Your personal data, to nominate, and to grievance redressal, in accordance with the Digital Personal Data Protection Act, 2023. To exercise these rights, You may contact Our Data Protection point of contact at ________. You may withdraw Your consent at any time, and You may disable cookies in Your web browser; however, the Owner will still hold information about You that You have provided, such as Your email address.
12.5. Retention and Erasure: Upon termination or deletion of the account, all personal data associated with Your account, including backups, will be permanently deleted unless required to be retained by Applicable Law or for legitimate business purposes. During the retention period, Your data will be securely maintained in accordance with our policies, and once deleted, the process is irreversible. It is Your responsibility to ensure that any data You wish to retain is downloaded or transferred before deletion occurs.
§ 13. ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and that no fiduciary relationship has been created between You and the Owner. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Owner does not assume responsibility or liability for any advice or other information given on the Website.
§ 14. SALE OF GOODS/SERVICES
14.1. The Owner may sell goods or services, or allow third parties to sell goods or services, on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. For goods or services sold by others, the Owner assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Owner. You hereby release the Owner from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims, to the extent permissible under the Consumer Protection Act, 2019.
14.2. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Any orders, including orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address, may be subject to the above. We may restrict the sales of products or Services to any person, geographic region or jurisdiction at our sole discretion on a case-by-case basis.
14.3. We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we cancel your order, we will contact you at the e-mail and/or billing address/phone number provided at the time the order was made.
14.4. We take care to accurately display the colours and images of our products; however, we cannot guarantee that your computer or phone screen's display of any colour will be accurate. We also do not provide any warranties that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations and standards, or that any errors in the Service will be corrected. Prices and descriptions of products are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any products from our Website without prior notice. Any offer for any product or service made on this Website is void where prohibited by Applicable Law.
14.5. We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
§ 15. SHIPPING, DELIVERY, CANCELLATION & RETURN POLICY
15.1. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We may also request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. For the sale of physical products, We may pre-authorise Your credit or debit card at the time You place the order, or We may charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates quoted to You due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: ________.
15.2. In accordance with the Consumer Protection (E-Commerce) Rules, 2020, We will make reimbursements for returns without undue delay, and not later than:
15.2.1. ________ days after the day we received back from you any goods supplied; or
15.2.2. (if earlier) ________ days after the day you provide evidence that you have returned the goods; or
15.2.3. if there were no goods supplied, ________ days after the day on which we are informed about your decision to cancel this contract.
15.3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
15.4. The detailed cancellation, refund and return policy applicable to the Services is set out at ________ and forms an integral part of these Terms of Service.
§ 16. DISCLAIMER OF WARRANTIES
You acknowledge and agree that the Website and Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. The Owner does not warrant that the Website or Services will be available at all times, uninterrupted, secure, or free from errors, viruses, or other harmful components.
The Owner makes no representations or warranties of any kind, express or implied, as to the operation of the Website, or the information, content, materials, or products included on the Website. To the fullest extent permissible under Applicable Law, the Owner disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
You expressly agree that Your use of the Website and Services is at Your sole risk and that You assume full responsibility for any costs associated with Your use of the Website and Services. The Owner shall not be liable for any damages of any kind arising from the use of the Website or Services, save to the extent that such liability cannot be excluded under Applicable Law.
§ 17. DATA LOSS
Without prejudice to the Owner's obligations under the Digital Personal Data Protection Act, 2023 and the reasonable security practices and procedures prescribed under Section 43A of the Information Technology Act, 2000, You agree that Your use of the Website or Services is at Your own risk, and that You are responsible for maintaining Your own backup of any content or data You provide to or store on the Website. The Owner shall not be liable for any loss or corruption of data resulting from causes beyond its reasonable control.
§ 18. INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable), and to hold Us harmless against any and all legal claims and demands, including reasonable advocate's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be entitled to select its own legal counsel and may participate in its own defence if the Owner so wishes.
§ 19. SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails in contravention of Applicable Law.
§ 20. THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to or from Our Website.
§ 21. MODIFICATION & VARIATION
21.1. The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website, and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation.
21.2. To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of competent jurisdiction, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
21.3. You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version. You agree that Your continued use of the Website after any modifications is a manifestation of Your continued assent to these Terms of Service.
21.4. In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Terms of Service.
§ 22. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
§ 23. SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
§ 24. TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with Applicable Law or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please note that any outstanding Fees will remain due even after termination of Your account. Upon termination of these Terms of Service, any provisions that, by their nature, would be expected to survive termination shall remain in full force and effect.
§ 25. NO WARRANTIES
25.1. You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Owner hereby expressly disclaims, to the fullest extent permissible under Applicable Law, any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Owner also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services.
25.2. All information, software, products, services and related graphics provided on this Website are on an "as is" and "as available" basis, without warranty of any kind, either express or implied, to the fullest extent permissible under Applicable Law. The Website disclaims all warranties, express or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, or arising from a course of dealing, usage, or trade practice.
25.3. The Website makes no warranty that the use of the Website will be uninterrupted, timely, secure, without defect or error-free. You expressly agree that the use of the Website is at your own risk.
25.4. Your use of any information or materials on this Website, or otherwise obtained through the use of this Website, is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
25.5. The Website assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions, or advice in any material contained on the Website. Any information from third parties or advertisers is made available without making any changes, and so the Website cannot guarantee accuracy and is not liable for any inconsistencies arising therefrom. All postings, messages, advertisements, photos, sounds, images, text, files, video, or other materials posted on, transmitted through, or linked from the Website are solely the responsibility of the person from whom such content originated.
25.6. There may be instances when incorrect information is published inadvertently on our Website or in the Service, such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies, or omissions may be corrected at our discretion at any time, and we may change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
25.7. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by Applicable Law.
25.8. The Website shall not be responsible for any interaction between you and the other users of the Website. The Website is under no obligation to become involved in any disputes between you and other users, or between you and any other third parties. You agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such disputes.
25.9. You agree and understand that while the Website has made reasonable efforts and has implemented reasonable security practices and procedures as contemplated under Section 43A of the Information Technology Act, 2000 to safeguard the Website, it cannot and does not ensure or represent that the Website or any of the information provided by You cannot be compromised by unauthorised third parties.
25.10. You hereby agree and confirm that, subject to Applicable Law, the Website shall not be held liable for any loss or damages suffered by you due to unauthorised access of the Website by third parties, or for any use of the information provided by You, or any spam messages or information that You may receive from any such unauthorised third party (including those sent purportedly in the name of the Website but not authorised by it), which is in violation of these Terms of Service or the Privacy Policy.
25.11. You specifically agree that, being an intermediary, the Website is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights, save as provided under Applicable Law.
25.12. The Website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure, or other causes beyond its direct control, and has no responsibility for any additional expense, omissions, delays or acts of any government or authority.
25.13. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any information and/or material.
25.14. Subject to Section 26 and to the extent permissible under Applicable Law, in no event shall the Website be liable for any direct, indirect, punitive, incidental, special or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website, the provision of or failure to provide Services, or to deliver the products, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of such damages.
25.15. You accept all responsibility for, and hereby agree to indemnify and hold harmless Us from and against, any actions taken by you or by any person authorised to use your account, including without limitation, disclosure of passwords to third parties. If you are dissatisfied with the Website, or the Services or any portion thereof, or do not agree with these terms, your sole and exclusive remedy shall be to stop using the Website.
§ 26. LIMITATION ON LIABILITY
To the fullest extent permissible under Applicable Law, the Owner is not liable for any damage that may occur to You as a result of Your use of the Website or Services. The maximum aggregate liability of the Owner arising from or relating to these Terms of Service is limited to the lesser of Rs. ________ (Rupees ________ only) or the amount You paid to the Owner in the six (6) months immediately preceding the event giving rise to the claim. This section applies to any and all claims by You, including, but not limited to, claims for lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. Nothing in these Terms of Service shall limit or exclude any liability which cannot be limited or excluded under Applicable Law, including liability for death or personal injury caused by negligence, or for fraud.
§ 27. GENERAL PROVISIONS
27.1. LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
27.2. GOVERNING LAW, JURISDICTION & VENUE: These Terms of Service, and any matter or dispute relating to or arising out of them, as well as any dispute of any kind that may arise between You and the Owner, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Subject to Section 27.3, the Parties agree to submit to the exclusive jurisdiction of the competent courts at ________, ________, India. The Parties agree that this choice of law, venue and jurisdiction provision is mandatory in nature. You hereby waive any objection to such venue, including any assertion of the doctrine of forum non conveniens. Nothing in this clause shall affect any statutory right of a consumer to approach the consumer dispute redressal commissions under the Consumer Protection Act, 2019.
27.3. DISPUTE RESOLUTION & ARBITRATION: Save for matters falling within the jurisdiction of consumer dispute redressal forums, any dispute, controversy or claim arising out of or in connection with these Terms of Service shall first be attempted to be resolved amicably between the Parties. Failing amicable resolution within ________ days, the dispute shall be referred to and finally resolved by arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________, India, and the proceedings shall be conducted in the English language. The award of the arbitrator shall be final and binding on the Parties.
27.4. GRIEVANCE REDRESSAL: In compliance with the Information Technology Act, 2000 and the rules made thereunder, and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are as follows — Name: ________; Email: ________; Address: ________. The Grievance Officer shall acknowledge any complaint within forty-eight (48) hours and dispose of it within the timelines prescribed under Applicable Law.
27.5. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or in part by You. Should these Terms of Service, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Owner, the rights and liabilities of the Owner will bind and inure to any assignees, administrators, successors and executors.
27.6. SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible, and the remainder of these Terms of Service shall continue in full force and effect.
27.7. NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
27.8. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organisation only, and shall not affect the meaning of any provision.
27.9. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
27.10. FORCE MAJEURE: The Owner is not liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil or military authorities, riots, embargoes, pandemics, epidemics, acts of nature and natural disasters, failure of telecommunications or internet services, and other acts arising from unforeseen circumstances.
27.11. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail. For any questions or concerns, please email Us at the following address: ________.
Registered/Principal Address: ________, ________, ________, India.
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