Terms & Conditions
Archimedis Digital Private Limited with its registered office at Z – 270, 5th Avenue, Anna Nagar West, Chennai - 600040 (“The Company”)is the creator, owner, and publisher of Digidente, including but not limited to the website titled Digidente@archimedis.io (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, or updated (temporarily or permanently) from time to time at the discretion of the Company.
These terms of use (“Terms”), including the various policies incorporated by reference in these terms, govern your access to and use of this Website and the underlying services provided by the Company through the website, including our SMS, APIs, email notifications, ads, commerce services, and our other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. When You use any of the Services provided by the Company through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on the Website, you shall be subject to the policies that are applicable to such transactions.
Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy hereinafter collectively referred to as the Terms.
If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between you and the Company in connection with your use of the Online Platform, as defined below.
If you have any questions regarding our services, you can email us at Digidente@archimedis.io.
This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 20211 that require publishing the rules and regulations, privacy policy, and terms of use for access or usage of this Website (“Platform”).
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.
In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.
- IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:
- “We”, “Us”, or “Digidente”, shall mean Archimedis Digital Private Limited, its affiliates, permitted assigns, and partners, and the term “Our” shall be construed accordingly; and
- “You”, “User” shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the Website, or using the Website or the Services offered through the Website, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number, and email while registering on the Website (“Registration Data”), and the terms “You” and “your” shall be construed accordingly.
- APPLICABILITY OF TERMS:
- By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
- You have read and understood the Terms;
- The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
- Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress, or undue influence exercised upon You by any person or entity;
- Written approval is not a prerequisite to the validity or enforceability of the Terms.
- The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
- The Indian Contract Act, 1872;
- The (Indian) Information Technology Act, 2000;
- Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009;
- The rules, regulations, guidelines, and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- The orders, rules, regulations, guidelines, notifications, and clarifications issued by any legislative, regulatory, or governmental authority at the central, state, or local level.
- MODIFICATION OF TERMS
- The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time. Such changes shall be notified on the Platform. You are advised to read the Terms regularly. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. Your continued use of the Online Platform following any such modification constitutes your agreement to follow and be bound by the Terms so modified.
- If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
- These Terms allow the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.
- CONDITIONS OF USE
- You must be 18 years of age or older to access or avail of Services in any manner. By signing in to the Online Platform, accessing and/or using all or any part of the Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the legal right, authority, and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms.
- Whilst the Services are not intended to be used by minors, the Company respects and recognizes the privacy of minors who may inadvertently use our Platform. It is strongly recommended that parents and guardians use parental control tools to help protect minors from any offenses, harm, or breach of privacy and supervise the use of the Platform by minors.
- The Services are provided to you only for your personal, non-commercial use. You shall not resell the products ordered/ Services availed from the Platform.
- You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
- The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, and use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email addresses, and QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense, or damage incurred by you as a result of you accessing the Platform and utilizing its services via access links, SMS notifications, OTPs, email addresses, QR codes, etc. which have not been delivered to you personally by the Company.
- You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing, etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person‘s use of the Services.
- For the purpose of the Terms, “Software“ means (a) the server, Platform, and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (b) all server, Platform, and application software of third parties used to host, support or connect the software referred to in subsection (a) and accessible by you as part of the Services, and (c) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries, and objects, the unique expressions of the selection, organization, and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.
- REGISTRATION
- To fully avail the Services of the Website, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes a Valid Phone Number, Valid Email, Full Name, Date Of Birth, Gender, City, State, and Zip code. Users who register with us can purchase the listed Products and avail the Services of the Website. The Website offers the Users an option of signing up through other third-party social networking sites, including but not limited to Gmail, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name, and gender, and all such information is stored in Our system. Users who do not want to register with Us can check out as a guest and purchase the Products/ Avail the services.
- Information collected about you is subject to the Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
- By using this Website and providing your contact information to us through the Website, you hereby agree and consent to receive calls, auto-dialed and/or pre-recorded message calls, e-mails, and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls/email messages/text messages, you may send an e-mail to the effect of digidente@archimedis.io. You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by you.
- LIMITED USE
- The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that the Company’s name is stated as the source and prior written permission of the Company is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Website is not permitted.
- Throughout these Terms, the Company’s prior written consent means a communication issued by the Company’s legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
- DIAGNOSTIC SERVICES:
- Our Website serves as a medium for Users to access diagnostic test/package facilities provided by Diagnostic labs (“Labs“) through the designated section on the Website. It is important to note that the Labs are solely responsible for rendering services, including sample collection, test execution, report generation, and other related services, to Users who have availed diagnostic test/package facilities through the Website. The Company acts solely as a facilitator, and while we ensure a seamless experience, we assume no responsibility for the services provided by the Labs.
- Despite any contrary provisions, it is expressly understood that the Labs bear sole responsibility for their interactions and transactions with Users who avail their services or those of diagnostic centers through our Website. In this regard, we disclaim any liability or accountability. We do not warrant the accuracy, completeness, or correctness of the information or details provided by Users, Labs, diagnostic centers, or any third party through our Website. We retain the discretion to suspend a Lab‘s or User‘s access to our Website while investigating any complaints or suspected violations of these Terms, or for any other reasonable cause. We hold the right to edit Lab profiles for optimization in search results on our Website. Should any Labs or Users identify inaccuracies related to their profiles, they are encouraged to promptly contact us for necessary corrections. However, it is essential to note that we shall bear no responsibility or liability in this context.
- PAYMENT
- CHARGES: The use of this Website, including browsing the Website is free of cost. The Users are only required to pay for the Service for which they wish to avail from the Website. All prices listed on the Website are in Indian Rupees.
- You will be asked for your contact information, as well as payment related information. To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of a conflict between these terms and the ESP‘s terms and conditions, these terms shall prevail.
- To place a valid order on the Website, you are required to complete the transaction, including making payment for the Product/Service opted for. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from your bank or credit card. It is at this stage that your order is successfully placed. Thereafter, the Service availed by you will be activated based on the successful completion of verification of information furnished by you. You are hereby expressly made aware that your card statements will reflect that a payment has been made in favour of us. By placing an order on the site, then you expressly agree to the terms and conditions and payment policy published in the appropriate section of that Website or affiliated Website where reference to such affiliated Website has been specifically made.
- While availing any of the payment method/s available through the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by You and between “Bank(s)”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
- DISCLAIMERS
- The Services are provided on an “as is,“ “as available“ basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.
- The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title, and non-infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.
- The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third-party payment gateways, exposure of content to minors, and security of devices used to access the Platform.
- The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital Platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.
- The Company disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the products/Services, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.
- YOUR OBLIGATIONS
- You agree and undertake that you are accessing the Website and transacting at your sole risk and that you are using your best and prudent judgment before purchasing any Product/availing any service listed on the Website or accessing/using any information displayed thereon.
- You agree that they are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.
- You agree that we may, at any time, modify or discontinue all or part of the Website, charge, modify, or waive fees required to use the Website or offer opportunities to some or all Website Users.
- You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card.
- You agree to use the Website and the Products provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to show valid proof of ID and ID number in order to collect the goods delivered by the logistics partner.
- You agree and understand that all items purchased from the Website are made pursuant to a shipment contract which means that the risk of loss and title for such items passed to you upon our delivery to the carrier.
- REVIEWS, FEEDBACK AND DATA RETENTION
- You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions, or reviews on the Platform relating to the Product purchased/ Service availed by you. It is up to your discretion to submit the same.
- You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions, or reviews relating to Products purchased by you. You agree not to post or publish any content on the Online Platform that amounts to:
- An infringement of any Company or third party intellectual property or privacy rights.
- A violation of applicable laws or regulations, including but not limited to the relevant rules under the Information Technology Act, 2000.
- Defamation
- The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinions, comments, and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Products purchased, dispute resolution, complaint resolution, and any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors, and profiling, data analytics, tracking market trends on an anonymized basis.
- The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to the publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to the publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on the Platform.
- The Company may retain such information and content provided by you on the Platform for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information; and according to the Sensitive Personal Information Rules.
- We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- INTELLECTUAL PROPERTY RIGHTS
- The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the products or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the “Company Intellectual Property“) are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.
- The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the products or services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;
- Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services, or its contents, product listings, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any digital Platform or any other computer, server, application, Website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
- LIMITATION OF LIABILITY
Please read this section carefully as it limits the liability of the Company and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, “the Company”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Without prejudice to the foregoing, the Company makes no warranty or representation and disclaims all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company or through the Services, will create any warranty or representation not expressly made herein.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv)UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE AMOUNT YOU PAID US, FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
- THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any charges, complaints, damages, losses, liabilities, costs, and expenses (including attorneys‘ fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to the representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.
- FORCE MAJEURE:
The Company will not be responsible for a breach of the Terms, damages, losses, costs, or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or another event outside the reasonable control of the Company.
- INVALIDITY:
If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
- SEVERABILITY:
In the event any provision of the Terms becomes void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.
- GOVERNING LAW AND JURISDICTION
- These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.
- Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after the commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Chennai, Tamil Nadu, India, and the language of the proceedings shall be English.
- GENERAL
- The Company‘s failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
- The Terms contain the entire agreement between you and the Company and supersede all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.
- In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.
- You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.