Think of a Dharmic Vidhi, Think of oPandit!
TERMS OF USE
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. BY USING THIS WEBSITE OR AVAILING OUR SERVICES YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE OR THE SERVICES OFFERED BY THE COMPANY. THESE TERMS TOGETHER WITH OUR PRIVACY POLICY SHALL GOVERN YOUR RELATIONSHIP WITH THE COMPANY AND THE WEBSITE
DEFINITIONS
“Company” means Jadzia Solutions Private Limited, incorporated under the Companies Act, 2013 having its registered office at Flat No: 255, Building No 7, B-Wing, 3rd Floor, Yoganand CHS Ltd, Survey No 54, Hissa No 2, Borivali West, Mumbai- 400091.
“Services” shall include:
Facilitating online and phone booking and conducting the Vidhi offered by the Website and Company in accordance with the needs and requirements of the Users. The services shall also include, personal consultation only in case of marriage (for matching Kundalis and for deciding the wedding day) and after a death in the family (e.g. in case of Tripad/Panchak or any other Vidhi requirement)
Any other services which the Company may provide in relation to the existing Services or otherwise.
"Use" or "Using" means to access, view, download, upload, or any other legal use or otherwise benefit from using the Website.
"user”, “you” and “your” refer to the person(s) who visits or has access or uses Website, for his own purpose or on behalf of someone else with appropriate authorizations and permissions and includes any legal entity.
“Users Contents” means any content, including any text, data, design, video, maps, photograph, drawings , any other content whether in written, visual or combination thereof and information or other material, that you may upload, transmit or store on the Website.
“Vidhi” means, puja, religious activities, hawan, ceremonies, offerings, rites, etc.
“we” and “our” means the Company or the Website.
“Website” means www.opandit.com and all web-pages appearing, appended, available along with this Website and owned and operated by the Company. The Company owns or has a valid license for all copyrights, trademarks, brand names, logos and other intellectual property rights used or displayed on the Website.
WEBSITE USE
By accessing and using the Website, you agree to be legally bound by these Terms and you represent that you are 18 years or older. If any of these Terms are unacceptable to you, you may not access the Website or utilize the services until agreement has been reached between you and the Company as to the applicable Terms.
You agree to have read, understood and conveyed acceptance to be bound by these Terms. You understand that it is your responsibility to check these Terms carefully before the use of the Website or the Services offered by the Website and to be aware about the changes, amendments made to these Terms from time to time. You shall use the Website at your own risk.
If you, as an individual, availing the Services on behalf of a company or a legal entity, you represent that you have the authority to bind such entity to these Terms. It is your sole responsibility to determine whether your use or purchase of the Services is lawful, and you must comply with all applicable laws in availing the Services. We shall not be under any obligation to verify your authority, on behalf of a company or a legal entity.
USER ACCOUNT
In order to use the Services, you are required to register and create a User Account with password (“User Account”). At the time of registration, you shall be required to share certain Personal Information (as defined in the Privacy Policy) with us.
You undertake and represent that the Personal Information provided is accurate, complete, and updated. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your User Account. You are responsible for maintaining the confidentiality of the User Account; we shall not liable in the event someone interferes with your User Account. In case you forget password, on its request we will send a new password at the email Id provided by you during the registration.
You understand and acknowledge that we shall follow standard industry practices with regards to collection of Personal Information and we shall not be responsible and liable for authenticating the Personal Information submitted by you for availing the Services offered by the Website.
In the event you wish to delete your User Account, you may do so, in such an event all your Personal Information shall be deleted from the Website. However, information related to your account may be retained for regulatory and audit trail purpose. In addition, information backed-up from time to time remains as part of such backed-up material or archive.
We reserve the right to store the information and data provided by you for the purposes of providing the Services.
We reserve the right in our sole discretion to accept/refuse /reject registration or cancel User Account without obligation of explanation. You will immediately notify us in writing of any unauthorized use of your User Account, or any other breach of security or other known account-related security breach.
Any conduct of a User that is in our exclusive discretion, a breach of these Terms or which restricts or inhibits any other Users from using or enjoying this Website or is in violation of any law or public policy is strictly prohibited.
The foregoing provisions apply equally to and are for the benefit of the Company, its subsidiaries, business associates, and third party content providers, and each shall have the right to assert and enforce such provisions directly or on their own behalf.
SERVICES
You may avail the Services, by adhering to these Terms. User shall have the right to choose the Services, he/she may require from the Website. The Company reserves the right to prevent you from using the Website and the Service (or any part of them) and to prevent you from making any transaction on the Website.
The Company reserves the right, in its sole discretion to accept/refuse /reject registration or acceptance of order for any Services, without obligation of explanation.
You may order the Services of Vidhi for a specific date according to the several categories listed on the Website. In the event the Services are not performed on the specific date due to any reasons including but not limited to reasons out of our control, prescheduled Vidhis or a Force Majeure Event, then the Services may be performed on any other suitable date, as may be agreed between you and the Company.
You understand and acknowledge that upon your booking of the Services, the Website, at its sole discretion, assign a pandit to perform the Vidhi. The ingredients, materials, merchandise and all other substance (“Vidhi Material”) required for the performance for the Vidhi shall be provided by the Company. Any Vidhi Material, which has to be necessarily procured by the person performing the Vidhi has to be obtained by you. The Company shall inform you in advance of any Vidhi Material, which needs to be directly procured by you. The details of the Vidhi and the company representative who would be managing the Vidhi shall be intimated to you, 2 (two) hours prior to the performance of the Vidhi.
You may book a Vidhi online/offline on a non-muhurat day, the Company shall refer the panchang and confirm the non-mahurat day, in the event you still intend to conduct the Vidhi, you shall do so at your own judgment and risk.
You shall have the right to reschedule the Vidhi, by log-in to your User Account, the Vidhi could be rescheduled subject to availability of pandits and Vidhi Material, any rescheduling shall be pre-approved by the Company. The user shall not be allowed to reschedule a Vidhi once the Vidhi Material is delivered to the user or the pandit has reached at the place where the Vidhi needs to be performed.
Users understand and acknowledge that the Company is merely a facilitator of Services and the Company shall not be liable or responsible for the quality or quantity of these Services. The Company shall not perform or conduct any Vidhi, on behalf of the users at their home, any temple, religious trust or any place of worship. The Company is not responsible for and if any item, money, jewelry is misplaced from the home or from the venue of the Dharmic Vidhi.
All queries, complaints or inquiries regarding the quality, quantity, delivery time or other related queries shall be directed to mrudula.barve@opandit.com.
The Company shall not be liable or responsible for any Services displayed on the Website, whether provided by the Company or any third party. You agree that, any decision to avail the Services (including its quality and quantity) is personal, not dependent on the claims made by the Company and is as per your own independent evaluation of the Services and information provided on the Website.
The Company is in compliance with the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices, including Black Magic Act, 2013. The Services or the Website does not encourage, support or propagate any particular Vidhi, religious activity, religion, caste, creed or gender. The Services or the Website does not relate to black magic, human or animal sacrifice or remedial Vidhis. You agree that any such requests to the Company shall be rejected by the Company and the user shall be solely liable for any consequences which may arise due to such activities.
PAYMENTS
The Company shall charge a onetime fee for the Vidhi or any other Services which would be booked by the Users. The payment has to be made in advance. The booking shall be confirmed only when the advance amount is received by the Company. Any other offerings provided by the Users to the pandit, e.g. gurudakshina, food, clothes, gold etc. shall be at Users own will and the Company shall not be involved in the same.
All payments could be made in cash, through cheque, through a valid debit/credit card/online banking over a secure payment network of the Company appointed payment gateway. We shall not be liable or responsible for any fraud, damages, losses or discrepancies with respect to credit/debit card payments or payment through cheque. You shall indemnify and hold harmless the Company, its employees, officers, successors and assigns, from or against any claims, demands, actions, disputes, liabilities, obligations, costs, charges, expenses of any nature suffered by the Company due to of the fraudulent transactions mentioned above.
In case of cheque bounce, the company shall charge the user Rs. 1,000 plus the losses incurred by the company due to any charge levied by the Bank. The turn-around time for returning the bounced cheque would be 30 working days.
Prices, shall be discussed and agreed upon between the user and the Company, in writing. In the event of discrepancies between the Service price on the Website and the price mentioned on the invoice for the Services, the price mentioned on the invoice shall prevail.
The Company shall in no event or circumstances be held liable and/or responsible for any discrepancy or inaccuracy in the prices of the Services. The Company shall not be liable for any costs, actions, claims or demands that may arise or accrue in respect of these discrepancies or inaccuracy.
REFUND, CANCELLATION OR RESCHEDULING OF SERVICES
You may reschedule or cancel a Vidhi through the website or via telephone. Please refer to the contact details as mentioned on this Website. Rescheduling through the Website is encouraged, since the same is faster and more efficient. User who re-schedules through the Website will receive an email confirmation and further details, as may be required. Rescheduling of the Vidhi has to be done at least 36 hours before the Vidhi. Rescheduling is not possible for Ganesh Chaturthi Pooja, Navaratra days, Gudhi Padwa, Lakshmi Pooja, Akshay Trutiya and the days specifically mentioned by the company representative. If you do a rescheduling, 4 days before the Vidhi then a rescheduling fee of Rs. 1,000/- will be charged and if the rescheduling is done before 7 or more days from the date of Vidhi, the same shall be without any additional charges.
The cancellation charges are as follows:
Upto 20% of the applicable fees for the Services (“Fees”) will be charged for any cancellation which is made, 7 days or more prior to the date of Vidhi , 2) Upto 40% will be charged from the Fee if cancellation is made, 6 days prior to the date of Vidhi, 3) Upto 50% will be charged from the Fee if cancellation is made, 5 days prior to the date of Vidhi, 4) Upto 60% will be charged from the Fee if cancellation is made, 4 days prior to the date of Vidhi and 5) 80% will be will be charged from the Fee if cancellation is made, 3 days prior to the date of Vidhi. Any cancellation made 2 days prior to the day of the Vidhi, shall be charged with 100% of the Fees and the user shall not be entitled for any refund. The Company may, at its discretion, agree for any substitutions of a Vidhi. Refunds will not be provided for the user who do not attend the Vidhi or remain absent on the day of the Vidhi. Any substitutions or alteration will be updated in the User Account, as soon as possible. Services offered through this website are non-tangible and irrevocable services and we do not issue refunds once a Vidhi is accomplished.
Bookings done for Ganesh Chaturthi, Lakshmi Pooja, Gudhi Padwa, Akshay Trutiya, Navaratri and any other day specifically mentioned by company representative cannot be cancelled or rescheduled. No refund would be provided for the enlisted days.
The refunds shall be either paid through cash or shall be deposited in the bank account of the User within fifteen (15) days from the date of confirmation of refund by the Company.
RULES OF CONDUCT
The Company grants you a non-exclusive, non-assignable, non-transferable, limited license to access and use the Website for availing the Services as per the provisions of the Terms. Your use of this Website is subject to all applicable local, state, national and international laws and regulations. You shall not use, allow, or enable others to use this Website, or knowingly condone use of this Website by others, in any manner that, attempts to, or is likely to:
• impersonate another person or entity, or anything related to fake or improper impersonation;
• be unethical or violates the applicable laws and regulations of any state or country;
• affect the reputation of the Website or any other party related to the Website in whatsoever manner;
• send or result in the transmission of SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• transmit, distribute or upload programs or materials that contain malicious code, such as viruses, time bombs, worms, trojan horses, spy ware, "deep-link," "scraper," "spider," "data-mining," or other potentially harmful programs or other material or information;
• upload or distribute any data, information or content that is not developed by you, or without obtaining appropriate license or permissions;
• upload any content defamatory, or violate any privacy or publicity rights, or contents stating discrimination on sex, religion, color, race, nationality or any other obscene, indecent, pornographic, threatening, abusive or other socially undesirable material;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website;
• reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from the Services or the contents on the Website.
slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party
• or any other inappropriate manner of use of this Website
The Website shall be entitled to seek any and all legal and equitable damages from you in the event of your misuse of this Website.
PERSONAL INFORMATION AND PRIVACY
We respect your privacy and we endeavor to protect your Personal Information. If you request us to share your personal information (“Personal Information”) to any third party whether on Website or otherwise, you understand and acknowledge that sharing of Personal Information to any other User or a third party is at your sole discretion and risk. The Website does not guarantee that the information shared by you to any other User may remain private or confidential.
Please refer to the Privacy Policy located at which governs the access, use or transmission Personal Information provided by you.
INTELLECTUAL PROPERTY AND UNLAWFUL USE
The content of the Website includes, but is not limited to, Services, Products, opinions, text, data, reports, images, photos, graphics, graphs, charts, animations, third party data such as trends, news articles, indices, blogs and videos (collectively, the "Contents").
Except as specifically permitted in the Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display, make derivative work of, transfer, sell or make available, or in any other manner decode Contents. Use of Contents on this Website may be periodically monitored to assure compliance with the Terms. It is clarified that unlimited or wholesale reproduction, copying of the Contents for commercial or non-commercial purposes and unwarranted modification of data and information within the content of this Website is not permitted. By displaying them on this Website, Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks.
Contents on Website is the property of the Company and its affiliates, subsidiaries, licensors, suppliers, service providers, Vendors, advertisers or sponsors and are legally protected, without limitation, under the applicable Indian Laws and regulations. All trade names, trademarks, service marks, and other products and logos on the Website are proprietary to their respective owners or the Company, as the case may be, and are protected by applicable trademark and copyrights. You shall not alter, delete or conceal any copyright or other notices contained on the Website, including notices on any Website matter you download, transmit, display, print or reproduce from the Website. User shall not, nor shall User allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Website matter without the express prior written consent of the Company. Use of Services through the Website is strictly for personal use of the User. You cannot resell, distribute, market or make available (free of cost or otherwise) the Services to any third party.
Any unauthorized or prohibited use of any Website material may subject you to civil liability, criminal prosecution, or both, under applicable civil and/or criminal and/or any other laws and regulations. In the event any Content on this Website infringes your intellectual property, you may inform the Company. If the Company receives any such intellectual property rights infringement claim notification, the Company may remove all such content whether fully or partially, in its sole discretion, and reserve the right for any other appropriate action.
The Company may post testimonials, comments, reviews, opinions of other Users, service providers, for the purpose of cross selling services, advertisement etc. on the Website. All such testimonials, comments, reviews and opinions does not indicate any quality, standard, assurance of Services and it does not indicate the Website’s confirmation to such testimonials, comments, reviews, opinions.
USERS CONTENT
The Website does not claim any ownership on User Contents. The Website may provide a facility to the User to post Users Contents such as their views, experiences, blogs, comments, opinions, expressions, chat, text, e-mail address, phone number, testimonials, whether in written, audio or visual or both formats or any other text on the Website whether by use of Services or otherwise. The Website at its sole discretion has the right to display fully or partially or not to display the User Content. User confirms that the content is User’s work and possesses necessary rights and licenses to display the User Content on the Website. User acknowledges that the Website retains the right to delete such User Content without any notice or explanation.
The Website shall also have the right to publish and display the photographs, for promotional and marketing purposes, which would be captured during a Vidhi ordered by the Users.
LINKS TO OTHER WEBSITES
User may, through hypertext or other computer links, gain access to Websites operated by persons other than the Website. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such website owners. You agree that the Company is not responsible for the content or operation of such other websites, and that the Company shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this Website to another website does not imply or mean that the Website endorses the content on that website or the operator or operations of that website. You are solely responsible for determining the extent to which you may use any content at any other website to which you may get linked from this Website. The Website assumes no responsibility for the use of third party software on the Website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
The Website may display, content, post, blogs, articles, news, notifications, circulars, opinions, market reviews, testimonials or any other information provided by User or any other person. Such information is provided only for information of User. The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information. The User shall take prior advice and complete precaution of checking validity, correctness of such information. The Website shall not be liable to the User or any third party for taking any decision on the basis of such information. This User Content is personal opinion of such User and the Website may not subscribe to the views of such User, and that does not mean the Website endorses such views, reports or User Content.
DISCLAIMER
THE VIDHIS, RITUALS, PUJAS, AND OTHER RELATED RELIGIOUS ACTIVITIES ARE PERFORMED AT THE PLACE OF WORSHIP FOR THE USERS. WE DO NOT HAVE ANY INDIRECT, DIRECT RELATIONSHIP OR AFFILIATION WITH A PLACE OF WORSHIP TRUSTS OR ANY OF ITS AGENCIES (INSTITUTION). WE DO NOT PROPAGATE OR WORK FOR THE BENEFIT OF ANY PARTICULAR INSTITUTION.
YOUR USE OF ANY INFORMATION OR SERVICES ON 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 SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.
THE SERVICES LISTED ON THE WEBSITE ARE BASED ON ANCIENT BELIEFS AND SAYINGS WE DO NOT GUARANTEE OR SUPPORT ANY SUPERSTITIOUS BELIEF, RITUALS AND MIRACULOUS PROPERTIES FROM USE OF OUR SERVICES. DO CONSULT RESPECTIVE EXPERTS BEFORE SUBSCRIBING TO OUR SERVICES.
WE DO NOT PROVIDE ANY PERSONAL CONSULTATION OR ASTROLOGY ADVICE FOR QUERIES RELATING TO RELIGIOUS BELIEFS EXCEPT FOR KUNDALI MATCHING AND TRIPAD/PANCHAK PURPOSES. WE DO NOT RECOMMEND ANY PARTICULAR SET OF PANDITS OR ANY PARTICULAR VIDHIS TO OUR USERS. THE INFORMATION PROVIDED ON THE WEBSITE OR BY ANY OTHER MEANS OF COMMUNICATION MADE AVAILABLE BY YOU IS PROVIDED SOLELY TO ENABLE USERS TO MAKE THEIR OWN SECULAR DECISIONS.
THE WEBSITE HAS NOT BEEN REGISTERED UNDER ANY FOREIGN JURISDICTION AND IS ONLY FOR THE INFORMATION OF ANY PERSON IN ANY JURISDICTION WHERE IT MAY BE LAWFUL TO OFFER SUCH SERVICES. NOTICE IS HEREBY GIVEN THAT NON RESIDENT INDIANS (NRIS) AND FOREIGN NATIONALS ACCESSING THIS WEBSITE AND OPTING TO TRANSACT THEREON SHALL DO SO AFTER DUE VERIFICATION AT THEIR END OF THEIR ELIGIBILITY TO DO SO.
THE PANDITS IN ASSOCIATION WITH THE WEBSITES ARE NOT EMPLOYED BY THE COMPANY, THE COMPANY ONLY PROVIDES A PLATFORM OF FACILITATING THE SERVICES. THE WEBSITE OR THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DISPUTES RELATED TO QUALITY OF SERVICE PROVIDED BY A PANDIT TO YOU. WE ARE NOT A TEMPLE OR A RELIGIOUS MOVEMENT. WE HAVE NOT RECEIVED ANY FUNDING FROM ANY RELIGIOUS INSTITUTIONS.
WARRANTY DISCLAIMER
THE WEBSITE OR THE COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE, INFORMATION, DATA OR STATEMENTS MADE AVAILABLE THROUGH THE WEBSITE. THE WEBSITE, AND ALL CONTENT, MATERIALS, INFORMATION AND SERVICES PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING THE FITNESS FOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE.
WITHOUT LIMITING THE FOREGOING, THE WEBSITE OR THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE WEBSITE, OR YOUR OWN INFORMATION AND DATA THAT YOU VOLUNTARILY SHARE ON THE WEBSITE.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY OR THE WEBSITE, AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR THESE TERMS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding anything contained in the Terms or elsewhere, the liability of the Company under the Terms for breach of any provisions or on any account shall not exceed the unpaid value of the Services under the Terms.
CONFIDENTIALITY AND AUDIT
As a matter of security we take back-up of systems periodically in a database hosted in a commercial grade data center behind a firewall complaint with exchange regulations. Only authorized personnel are allowed to have access to the Website related database. To maintain the high level of confidentiality of the content provided by our User we may implement a software audit as per the standards set by the exchange.
ADVERTISEMENTS
On our Website, we may post, display, publish or provide links of advertisements provided by advertisers. These advertisers might set cookies on their website. We are not responsible for any of these advertisers. You are advised to refer to the relevant terms and conditions, the respective advertisements to know more about their practice. By allowing such advertisements we do not endorse, recommend or market or warrant the quality, commitment, deliverables, fitness to consumption, reasonability and advertisers commitment. We shall not be responsible for any of these advertisements.
INDEMNIFICATION
You agree to indemnify, defend and hold Company, parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, the Website, or any of their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by you, or due to your activities related to the Website or by usage of the Services, whether by use of User name and Password or not.
ARBITRATION
Any dispute in relation to these Terms, shall be referred to a sole arbitrator, appointed by the Company. The arbitration proceedings shall be governed by the Arbitration and Conciliations Act, 1996 and the seat of the arbitration shall in Mumbai. The language of the proceedings shall be English and the award of the proceedings shall be final and binding on the Parties.
INJUNCTION
You agree that any violation of these Terms shall constitute an unlawful and unfair business practice, and will cause irreparable harm, for which monetary damages would be inadequate, and you consent to the Company, obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
FORCE MAJEURE
Without limiting the foregoing, under no circumstances the Website or the Company be held liable for any damage or loss due to deficiency in performance of the Services or Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
GENERAL PROVISIONS
Each part of the Terms is independent of each other. If any part of the Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable.
These Terms constitute the entire agreement between you and us with respect to the subject matter of the Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.
Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of the Terms. The Terms and your use of the Services and Website is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the Website, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.