Please read these terms and conditions of use (“terms and conditions”) carefully before accessing www.yocoman.com (“website”) or the YocoMan software (“software”). Accessing the website or the software indicates that you have read and accepted these terms and conditions. However, if you do not accept these terms and conditions, you are not authorized to use the website or the software. These terms and conditions govern your use of the website, the software, and any content such as text, data, information, software, graphics, audio, video or photographs etc. (“materials”) that YocoMan services private limited (the “company”) and/or its subsidiaries or affiliates may make available through the website or the software and any services that the company may provide through the website or the software. The website, software, materials, and services are referred to in these terms collectively as the “company websites”.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 (Intermediaries Guidelines) Rules, 2011.
Scope of the Services The Website and the Software are technology based platforms which provide errand, concierge and lifestyle management services (“Services”) to customers who/which wish to avail the Services of the Company. Usage of the Services o Orders You agree to take full care while making a booking request for the Services on the Website or the Software and further represent and warrant that the details provided are true, complete and accurate in all aspects. Where you cannot provide the Company with complete and precise details of service required at the time of making the booking request, the Services to be provided by the Company shall be conditional and dependent upon your provision of the closest genuine approximate of such details about the required service for the Company to ensure the safe and successful delivery of the services. You also warrant that the credit or debit card details that you provide are for your own credit, debit card and that you have sufficient funds to make the payment for the services requested. You agree that you are the owner or have legal right of possession of the goods and the transportation of goods ordered by you as part of the Services. You also agree that you have the legal rights to order, avail and use the services that you order through our website. You further acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any goods, which are subject to a bipartite sale and purchase contract between you and the relevant third party seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the services and is not responsible for damages or delays on account of services which are unavailable at that time because of any reasons whatsoever. On the placement of a booking request for the Services, using telephone, the Website or the Software, the system will send a confirmation via an auto-generated SMS and e-mail on your registered mobile number and e-mail ID respectively (“Confirmation Message”) confirming the receipt of a booking request. For provision of Services outside the operational hours of the Company, you may contact the Company for further information regarding the terms and conditions of such Services. In case of any discrepancy or inconsistency between the booking request placed and Confirmation Message received or in the event of non-receipt of any Confirmation Message, you must inform the Company immediately. o Service Delivery Terms You undertake that the details set out in the order placed by you are true, correct and accurate in all substantial respects and no material fact is suppressed or is omitted. Any material mismatch in the description of the requested service as set out in the order and the service shall be your responsibility and you undertake to indemnify the Company from any loss or damage due to such discrepancy. In the event any delivery of services is delayed or is cancelled on account of such a mistake by you or any such discrepancy in the description of the requested service as set out in the order, any additional costs incurred by the Company for re-delivery of the services shall be borne and paid by you. You must ensure that at the time of execution of services and at the place of execution of services, adequate arrangements, including access where necessary, are in place for the safe execution and delivery of services, if required. The Company shall not be held liable for any damage, cost or expense incurred to such goods, services or premises where it arises as a result of a failure on your part to provide adequate access/ address or any other instructions or arrangements for execution of services by you and delivery of the services by the consignee. You agree that the signing of a goods/services handover note by the consignee or his/her/its representative shall constitute delivery of the goods/services to the consignee for all purposes. In the event the consignee refuses to take delivery or the consignee cannot be located by the Company, you will receive a text message (SMS) or a phone call (“Non-acceptance Message”). On receipt of Non-Acceptance Message, it shall be your responsibility to take the re-delivery of the goods/services at your location on payment of the additional cost of transportation that shall be determined as per the standard rates and policies of the Company. In the event you refuse to pay the cost of re-arrangement of the goods/services or re-delivery of the goods/services for which a Non-acceptance Message has been sent to you, you hereby authorize the Company to hold the goods/services in lieu of its claim of re- arrangement of the goods/services and subject to payment of the said amount release the goods/services in your favour. In the event you fail to act in the matter and take re-delivery of the goods/services from the Company, you hereby waive all your claims to the goods/services under Non-acceptance Message and declare that the Company under no circumstances shall be liable for any loss or damage caused or suffered whether directly or indirectly. The Company will only be responsible for reimbursement of any damage done to the goods during the transportation and upto the delivery of the goods by the Company to the consignee. Any prior or subsequent damage or loss shall be the sole responsibility and liability of the customer to the complete exclusion of the Company. The Company’s responsibility for the services and transportation of goods shall be deemed fulfilled upon delivery of the goods ordered to the address of the consignee communicated at the time of placing the booking request. The Company undertakes no obligations to ensure that the goods are in conformity with declaration of the goods in the booking request and other applicable document. While availing the services of the Company, you as well as your agents or representatives shall not: o soil or damage the body and/or any other interiors or equipment and devices of the Company’s transportation vehicle(s); o ask the Company to break any Traffic/RTO/police and/or government laws for any purpose; o pressurize the Company to overload its vehicle with the consignment over the allowed limit or capacity of the vehicle. o Cancellation Any cancellation of a booking request must be notified immediately to the Company by quoting the booking request number or by cancelling the booking request on the Website or the Software. If a service request is not cancelled not later than two (2) hours prior the pickup/execution time of the goods/services, a flat cancellation fees of Rs 100/- will be applicable. If the cancellation is accepted, no cancellation fee shall apply and any amounts received may be refunded in 7-10 business days. The Company’s decision on refunds shall be at its sole discretion and shall be final and binding. However, if a transport personnel engaged to undertake the transportation of the goods/services has already been dispatched and/or if the goods/services ordered to be purchased by the Company have already been purchased, the booking request may not be cancelled and there will be no refund/cancellation of the amount received/to be received for the booking request. The Company, in its sole and absolute discretion, also reserves the right to cancel any orders if: (i) it is of the opinion that a customer is indulging in a fraudulent transaction, or (ii) it suspects that a customer has undertaken a transaction which is not in accordance with these Terms and Conditions, or (iii) the goods/services ordered to be purchased/delivered are unavailable, or (iv) the address of pickup or delivery of goods/services falls outside the area of delivery/service zone of the Company, or (v) failure to contact a customer by phone or email, or (vi) failure to deliver an order due to lack of information, direction or authorization from the customer, or (vii) for any reason outside the control of the Company including causes for delivery related to logistical complications. o Illegal, Dangerous and Hazardous Goods The Company may refuse to carry illegal, dangerous or hazardous goods, as may be specified under applicable laws, which are in its sole discretion, dangerous or hazardous to human life. The goods are accepted for the transportation services only upon your declaration of the type and value of the consignment (‘said to contain’ basis) and the Company has no responsibility whatsoever as to the correctness of description, type or value thereof. You agree to indemnify the Company including its directors, employees, contractors, representatives and agents and hold them harmless from any claims that may be brought against them arising out of or relating to such declaration provided by you and any costs incurred by them in relation thereto. o Charges You may use the Website and the Software for procuring the Services in accordance with the charges provided therein. The Company endeavours to ensure that prices of various Services are correct and up-to-date. Notwithstanding the foregoing, prices for certain Services may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect information provided to the Company by a supplier. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel an order without any further liability. You shall also be responsible and liable for all charges, fees, duties, taxes, and assessment arising out of your usage of the Services.
Communications Usage of the Website or the Software shall be construed as your consent for receiving calls including marketing and promotional calls, autodialled and/or pre-recorded messages from the Company, at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You hereby agree and undertake to indemnify the Company against all types of claims, losses and damages incurred by the Company due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you with respect to the intimations mentioned above or due to a wrong number or email-ID being provided by you for any reason whatsoever. Use of the Company Websites Except as set forth in the section titled “Other agreements; software, services or access” below, the Company authorizes you to use the Company Websites or view and/or download Materials only for your own personal, non-commercial purposes. If you make copies of any of the Materials, you must retain on any such copies, all copyright and other proprietary notices contained in the original Materials. Use of the Company Websites or Materials for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. You may not modify, reproduce, publicly display, publicly perform, or otherwise distribute the Materials on the Website and the Software. As between you and the Company, the Company owns the Company Websites. The Company Websites are protected under Indian and international copyright laws. Any unauthorized use of the Company Websites may violate copyright, trademark, and other national or international laws.
You agree not to use the Company Websites (including, without limitation, any Materials or Services you may obtain through your use of the Company Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, insult or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Company Websites or servers or networks connected to the Company Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Company Websites; or (y) attempt to gain unauthorized access to any portion of the Company Websites or any other accounts, computer systems, or networks connected to the Company Websites, whether through hacking, password mining, or any other means.
Modifications to the Company Websites
The Company reserves the right to modify, suspend, or discontinue the Company Websites at any time without notice to you. For example, the Company may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and the Company makes no commitment to update the Materials and Services whatsoever. Information published on the Website and the Software may refer to products, programs, or services that may not be available in your country. You may consult your local Company business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the Company Websites may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to the Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that the Company deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). The Company reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. The Company may also disclose your name in its clients’ list/credentials for reference purposes. The Company may, but is not obligated to, pre-screen User Submissions or monitor any area of the Company Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. The Company is not required to host, display, or distribute any User Submissions on or through the Company Websites and may remove at any time or refuse any User Submissions for any reason. The Company is not responsible for any loss, theft, or damage of any kind to any User Submissions. The Company does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that the Company will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. The Company does not guarantee that you will have any recourse through the Company or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
o You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to the Company the rights in your User Submissions described herein;
o You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
o You are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to the Company described herein;
o Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
o You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
o Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
o Your User Submission does not violate any Law;
o Your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another’s privacy;
o You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
o Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
o Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
o Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
o Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the Company Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Company Websites. The Company is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, the Company does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Company Network, you do this entirely at your own risk.
Linking to the Website and the Software
You may create links to the Website or the Software from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Without the Company’s written authorization otherwise, a website that links to the Website or the Software:
o May link to, but shall not replicate, any Materials (including any of the Company logos);
o Shall not create a browser or border environment around any Materials;
o Shall not imply that the Company endorses such website or any products, services, or content available through such website;
o Shall not misrepresent its relationship with the Company;
o Shall not present false or misleading information about the Company, its products, or its services;
o Shall not contain content that could be construed as distasteful, offensive, or controversial; and
o Shall contain only content that is appropriate for all age groups.
The Company, YocoMan logos and any other logos and marks used on the Website and the Software (“Logos”) are trademarks that belong to YocoMan Services Private Limited.
You may use the above mentioned trademarks, in text, to refer fairly and accurately to the Company, its products and its services, subject to the guidelines below:
o The Logos are reserved for use by the Company and those Company partners and licensees that have a written agreement with the Company that specifically authorizes logo use. No other use of the Logos is permitted.
o You may not use the Company trademarks in a manner likely to mislead consumers as to your relationship with the Company, as to the Company’s sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of the Company trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.
Trademark Use by Authorized Company Partners and Licensees
If you have an existing relationship with the Company, please adhere to the specific trademark use guidelines and terms provided in your written agreement.
If your existing agreement with the Company authorizes you to display the above mentioned trademarks, but does not contain specific trademark use guidelines, please follow the trademark use guidelines on this page.
If you have questions you should contact your account representative or other Company business contact.
The Company General Trademark Guidelines
The following general trademark guidelines are intended for use by persons, companies or entities who/that are authorized users of the Company’s trademarks, including for example the Company’s partners, licensees, alliances and authorized resellers under contract with the Company.
o Do not use the Company trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by the Company.
o Do not use the Company trademarks to make false statements about the Company or its products or services.
o Do not incorporate the Company trademarks in your trade names, business names, product names, service names, social media user names, or domain names.
o Do not adopt or imitate the Company’s distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.
o When referring to the Company in formal documentation (i.e., annual reports, financial reports) the full name YocoMan Services Private Limited is preferred. In other contexts, the Company is preferred.
Procedure for making claims of infringement
The Company respects the intellectual property rights of others. Accordingly, the Company has a policy of removing User Submissions that violate copyright law, suspending access to the Company Websites (or any portion thereof) to any user who uses the Company Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Company Websites in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Company Websites, please provide written notice to the following the Company office for notice of claims of infringement:
Subject: Copyright/Intellectual property infringement
To, Yocoman Services Private Limited C- 2471, Basement, Sushant Lok 1, Gurugram, Haryana- 122009 contact: +91 9999 226 788, firstname.lastname@example.org
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow the Company to locate that material; (d) contain adequate information by which the Company can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to the Company’s designated agent, as they will be deleted upon receipt.
You agree to indemnify, defend, and hold harmless each of the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms and Conditions. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company’s defence of such claim.
When you visit the Website, use the Software or send e-mails to the Company, you are communicating with the Company electronically. The Company may respond to you by e-mail or by posting notices on the Website or the Software. You agree that all such notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
The Website and the Software may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. The Company is not responsible for such delays, failures, or other damages that result from such problems.
Except as set forth in “Other agreements; software, services or access”, below, the Company may terminate, suspend, or modify your registration with, or access to, all or part of the Company Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Company Websites at any time. If you breach any of these Terms and Conditions, your authorization to use the Company Websites automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof.
The company websites are provided “as is” and “with all faults” and the entire risk as to the quality and performance of the company websites are with you. Should the materials or services prove defective, you, and not the company, shall assume the entire cost of all necessary servicing and repair. The company expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the company websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, the company makes no warranty that the company websites will meet your requirements or that the company websites will be uninterrupted, timely, secure, or error free or that defects in the company websites will be corrected. The company makes no warranty as to the results that may be obtained from the use of the company websites or as to the accuracy or reliability of any information obtained through the company websites. No advice or information, whether oral or written, obtained by you through the company websites or from the company, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “company parties”) shall create any warranty. The company disclaims all equitable indemnities.
You understand and agree that any material or data downloaded or otherwise obtained through the company websites is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. The company shall not be liable for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
The company shall not be liable for any third party websites, products, services and other content. The advertisements which may be available on e-mails or the company websites with respect to the third party websites, products and services are for information purpose only.
The company shall not be liable for delays or inabilities in performance or non-performance in whole or in part due to any causes that are not due to its acts or omissions and are beyond its reasonable control,
such as acts of god, fire, strikes, embargo, acts of government, acts of terrorism, climatic conditions, labour unrest, insolvency, business exigencies, government decisions, change of laws, operational and technical issues, route issues, acts of third parties or other similar causes and problems.
Limitation of liability
In no event will any of the company parties be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of Indian rupees 1,00,000 (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, loss of goods, business interruption, or other intangible losses), arising out of or in connection with the company websites (including, without limitation, use, inability to use, or the results of use of the company websites), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any company party has been advised (or should have known) of the possibility of such damages.
YOU AGREE NOT TO HOLD YOCOMAN SERVICES PRIVATE LIMITED, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENTTHAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY YOCOMAN SERVICES PRIVATE LIMITED OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL YOCOMAN SERVICES PRIVATE LIMITED ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT YOCOMAN SERVICES PRIVATE LIMITED OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO YOCOMAN SERVICES PRIVATE LIMITED DURING THE THREE MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE
You hereby agree to indemnify, defend, and hold harmless Yocoman Services Private Limited, its directors, investors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, arising from your use or inability to use the Services.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of the Company Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such party’s liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
The Company may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to the Company Websites under the terms of a separate agreement between you and the Company (each, an “Other Agreement”). The Company’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms and Conditions shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the Company Websites (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms and Conditions shall govern your use of such Software. Further reproduction or redistribution of any software is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying or included with such software.
These Terms and Conditions, together with any additional terms to which you agree when using particular elements of the Company Websites, constitute the entire and exclusive and final statement of the agreement between you and the Company with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and the Company with respect to such subject matter. The Company Parties are third party beneficiaries with respect to the provisions in these Terms and Conditions that reference them. These Terms and Conditions and the relationship between you and the Company shall be governed by the laws of India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. All disputes arising from or relating to these Terms and Conditions or your use of the Company Websites shall be brought in the courts of Delhi, and you hereby irrevocably submit to the exclusive jurisdiction of such courts for such purpose. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of the Company and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the Company Websites. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or the Company. These Terms and Conditions, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Modifications to these Terms and Conditions
The Company may, in its sole and absolute discretion, change these Terms and Conditions from time to time. The Company will post notice of such changes on the Website or the Software. If you object to any such changes, your sole recourse shall be to cease using the Company Websites. Continued use of the Company Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly-designated legal notices or terms located on particular pages of the Company Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.