TERMS AND CONDITIONS OF SERVICE AND USE
Last Updated: September 1, 2018
- This document is an electronic record in terms of Information Technology Act, 2000
and rules thereunder as applicable, and the amended provisions 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 that
or usage of the services and applications on the Website https://hqpulse.com and (hereinafter
referred to as the “Website/Web Application”) which is owned and operated by M/s Synnefx
Health Technologies, a Private Limited Company incorporated under the Laws of India (hereinafter
referred to as the “Company”) having its registered office at NNRA -7A, Navaneetham Nanama
Nagar, Kudappanakunnu, Thiruvananthapuram, Kerala – 695043, India, where such expression
shall, unless repugnant to the context thereof, be deemed to include its respective representatives,
administrators, employees, directors, officers, agents and their successors and assigns.
- The term ‘You’ & ‘User’, shall mean any legal person or entity accessing or using the
services provided on this Website who is competent to enter into binding contracts, as
per the laws of India.
- The terms ‘We’, ‘Us’, ‘Our’ shall mean the Website and/or the Company, as the context so requires.
- The term ‘Service’ shall mean the business of providing software as a service solution that
bridges the gap between healthcare and technology. The service includes providing a cloud-based
solution that enables hospitals to automate, archive and analyse, thereby allowing hospitals to
provide greater quality and patient safety process data.
- The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the
Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the
various provisions under these Terms in an orderly manner, and shall not be used by either
Party to interpret the provisions contained herein in any manner. Further, it is specifically
agreed to by the Parties that the headings shall have no legal or contractual value.
- The use of this Website by the User is solely governed by these Terms as well as the
time to time, at its sole discretion. If You continue to access and use this Website, you
are agreeing to comply with and be bound by the following Terms and Conditions of Use and
co-terminus in nature, and that expiry/termination of either one will lead to the termination
of the other.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute
a legally binding agreement between the User and the Company, and that the User shall
be subject to the rules, guidelines, policies, terms, and conditions applicable to any
service that is provided by the Website, and that the same shall be deemed to be incorporated
into these Terms, and shall be treated as part and parcel of the same. The User acknowledges
and agrees that no signature or express act is required to make these Terms and the Policy
binding on the User and that the User’s act of visiting any part of the Website constitutes
the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms
without any prior permission or intimation to the User, and the User expressly agrees
that any such amendments or modifications shall come into effect immediately. The User
has a duty to periodically check the terms and stay updated on its requirements. If the
User continues to use the Website following such a change, the User will be deemed to
have consented to any and all amendments/modifications made to the Terms. In so far as
the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable,
revocable, limited privilege to access and use the Website and the Services. If the User
does not adhere to the changes, You must stop using the Services at once. Your continuous
use of the Services will signify your acceptance of the changed terms.
Unregistered users shall be able to visit the Website to fully understand the scope
of the Services. However, to fully avail the Services of the Website and use of it, a
one-time registration is required to create a profile, for the User. You may access the
Services by signing in as User by providing the following information which shall include
but not be limited to Users full name, registered name of the Hospital, official email ID,
registered address, mobile number, billing information etc. On creation of the User account,
depending on the terms, one or more enterprise admin User shall be created by Us for the
particular account. The Website may request other optional information, but the same
shall be clearly indicated to be optional in nature.
Registration for this Website is available only to those above the age of 18 years,
barring those “Incompetent to Contract” which inter alia include insolvents. If you
are a minor and wish to use the Website as a User, You may do so through your legal
guardian and the Company reserves the right to terminate your account on knowledge of
you being a minor and having registered on the Website or availing any of its Services.
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 User username and password if any provided to you, and any activity under the account
shall be deemed to have been done by You. The enterprise admin will have the username and
password for all the individual users created under the hospital account and the obligations
of confidentiality obligations shall rest with him.
Confidentiality of username and password is applicable for enterprise admin user and
all individual user created under that hospital account
In the case that you provide us with false and/or inaccurate details or we have reason
to believe you have done so, we hold the right to permanently suspend your account. You
agree that you will not disclose your password to any third party and that you will
take sole responsibility for any activities or actions under your account, whether or
not you have authorized such activities or actions. You will immediately notify us of
any unauthorized use of your account.
3. SERVICE OVERVIEW
The Website provides Software-as-a-Service solution by using the cloud-based technology that
enables hospitals to automate, archive and analyse, thereby allowing hospitals to achieve greater
quality and patient safety process and data. The Software facilitates including but not limited to
quality management services by enabling the assessment process, providing quality indicators,
helping out in carrying audits, creating incident reports etc. The Company provides an
account-based system where there can be one or more hospitals in an account. The Users on registration
will be provided access to two (2) quality related mobile apps which shall be installed at the time
of implementation. Potential Users would be able to access the Website at https://hqpulse.com for relevant
information and if satisfied and desirous of availing of the Service.
The User represents and warrants that they are competent and eligible to enter into
legally binding agreements and that they have the requisite authority to bind themselves
to these Terms, as determined by the provisions of the Indian Contract Act, 1872 and other
relevant laws of India. The User may not use the Website if they are not competent to contract
under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable
law, rule or regulation currently in force.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided
or based on information provided by third parties and We have no control and make no guarantees
regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content
displayed on the Website is subject to copyright and shall not be reused by any party (or third party)
without the prior written consent of the Company and the copyright owner.
The User is solely responsible for the integrity, authenticity, quality, and genuineness of the
content provided on the applications and whilst feedback and comments by Users shall be made via
the Website, the Website bears no liability whatsoever for any feedback or comments made by the
Users or made in respect of any of the content on the Website. Further, the Website reserves its
right to suspend the account of any User for an indefinite period to be decided at the discretion
of the Website, or to terminate the account of any User who is found to have created or shared or
submitted any Content or part thereof that is found to be untrue/inaccurate/misleading. The User
shall be solely responsible for making good any financial or legal losses incurred through the
creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access
the Content, services, and applications on the Website. Users shall not copy, adapt, and modify
any content without written permission of the Company.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue
to be in full force and effect until the User continues to access and use the services and applications.
A User may terminate their use of the services and applications at any time. The Company may terminate
these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s
access to the Website at any time and for any reason, in its sole discretion. Such suspension or
termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Company may discontinue the services and applications without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to
the Services, or any portion thereof, at any time, without notice or cause. The Website also reserves
the universal right to deny access to particular Users, to any/all of its Services without any prior
notice/explanation in order to protect the interests of the Website and/or other visitors to the Website.
The Website reserves the right to limit, deny or create different access to the Website and its features
with respect to different Users, or to change any of the features or introduce new features without prior
notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties
that the User shall not have the right to terminate these Terms till the expiry of the same.
By using this Services and Applications, and providing his/her identity and contact information
to the Company through the Website, the User hereby agrees and consents to receiving calls,
auto-dialed and/or pre-recorded message calls, e-mails, and SMS from the Company and/or any of
wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages,
the User may unsubscribe via email at firstname.lastname@example.org The User agrees and acknowledges that it may take up
to fifteen (15) business days for the Company to give effect to such a request by the User.
The user can contact for support for the application or services at email@example.com.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by
the Company or any of its affiliates/partners relating to any service availed of by the User on the
Website or anything pursuant thereto and the User agrees to indemnify the Company from any and all
harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the
- Service Charges
Access to the website is free for Users and this includes accessing the basic product information
and contacts details. However, a subscription is needed to avail of the Services on a monthly or
yearly plan, which is chargeable. We reserve the right to amend the charges for the services
rendered. In case that happens, Users will be intimated of the same, and it will be up to you
to decide whether or not you will continue with services offered by us. Such changes are effective
as soon as you are notified or they are posted on the Website. Whichever is earlier.
There may be service charges for premium offerings and services based on the application
which includes one time charges towards implementation involving process mapping, pre-implementation
phase, User training & Education and Handover. These service charges could be one time charges or
repeat charges based on the nature of service provided by the Company.
The User(s) can avail Subscription to the Services on a monthly or yearly plan and is chargeable.
We reserve the right to amend the charges for the services rendered. In case that happens,
User(s) will be intimated of the changes in the offers/pricing plans, and it will be up to
you to decide whether or not you will continue with services offered by us.
- Payment Methods
The Users acknowledge that one or more of the following modes of payment shall be accepted on the Web App:
- By means of Cheque
- Through Online Account Transfer
The Website does not offer any other mode of payment towards the purchase and/or subscription of the services and applications.
10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Website and that they:
- Agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
- Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
- Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Understand and acknowledge that the data submitted is manually entered into the database of the Website. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the services through the Website.
- Authorize the Website to use, store or otherwise process certain personal information and all published Content, Customer Purchases, Offer redemption's, Customer locations, User comments, reviews and ratings for personalization of offers, marketing and promotional purposes and for optimisation of User-related options and services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company.
- Agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website. The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website.
- The Website permits the User to post, or upload data/information as User comments, feedback or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
The User further undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
- Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
- Post or share any image/file/data with any third parties or other Users that contain confidential information from any other User or without the express prior knowledge and consent of the respective User;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
- Download any file belonging to another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked platforms;
- Collect or store data about other Users of the Website without their express consent;
- Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (ies);
- Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
- Publish, post, or disseminate information that is false, inaccurate or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
- Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services
not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or
junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information
obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell
to another User of the Website without the express prior written consent of the Company.
The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
11. SERVICE LEVELS
The Company shall strive to provide the strive to provide Service to the User(s) with a System Availability of at least (98%) during each calendar month.
12. SYSTEM MAINTENANCE.
The Company may take the Service offline for scheduled maintenances that it provides to the User(s) the schedule for in writing (though this scheduled maintenance time will not count as System Availability), and change its schedule of maintenances on [one] month written notice to User(s).
13. SYSTEM AVAILABILITY DEFINITION
Percentage of Minutes per Month. "System Availability" means the percentage of minutes in a month that the key components of the Service are operational.
Not Included in "System Availability. "System Availability" will not include any minutes of downtime resulting from
- scheduled maintenance,
- events of force majeure,
- malicious attacks on the system,
- issues associated with User's computing devices, local area networks or internet service provider connections, or
- The Company's inability to deliver services because of User's acts or omissions.
14. SUPPORT SERVICES
The Company may extend support Services to the User(s) including but not limited to telephonic, electronic Support during the normal working days and business hours of the Company to facilitate user(s) to troubleshoot problems with the Services and any related software(s).
- Telephone or electronic support in order to help the User(s) locate and correct problems with the Software.
- Bug fixes and code corrections to correct Software malfunctions in order to bring the Service into substantial conformity with the operating specifications.
- All extensions, enhancements and other changes that the Company makes or adds to the Service and which the Company offers, without charge, to all other Subscribers of the Service.
16. STATISTICAL INFORMATION
The User may anonymously compile statistical information related to the performance of the Service for purposes of improving the Service, but only if such information does not identify the data as in the identity of the individual or otherwise include any name of the individual.
17. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:
- If the User is in breach of any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
- Your use of the Website,
- Any Discussions or Messages you provide;
- Your violation of these Terms and Conditions;
- Your violation of any rights of another;
- Your alleged improper conduct pursuant to these Services;
- Your conduct in connection with the Website;
- Your internal disputes amongst other Users
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the services or materials contained therein.
19. LIMITATION OF LIABILITY
- The Founders/ Promoters/ Associated people of the Website/Web App are not responsible for any consequences arising out of the following events:
- If the Website/Web App is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If the User has fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- if there is any deficiency or defect in the products/services managed by the s or third-parties;
- If there is a failure in the functioning of any other service provided by the Website.
- The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website.
- Users may be held legally responsible for damages suffered by other Users of the same organisation, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.
- Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
- The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
- To the fullest extent permitted by law, the Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
The information published on the Website in respect of services are for general information and reference purposes only, and are not intended to be of an authoritative nature under any circumstances. The facilities and Services are intended to be subject to availability, without any promises or guarantees on the same by the Company, and while certain information available on the Website and Software is the property of the Company and the Company endeavours to keep the said information updated and accurate, the Company shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The Company bears no responsibility whatsoever for any consequences arising from the use of the said services by Users. The use of the platform or Software is the sole responsibility of the User (or legally authorised person on behalf of the User), and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Website. The Company shall not be accountable for any information including but not limited to promotional offers, loyalty/rewards, redemptions which the User provides to its customers and the Company shall bear no responsibility towards legal and regulatory compliances of the same. The Company shall bear no responsibility towards reviews and ratings which the Customer provides to the User.
Any and all advice provided to Users shall be for general information purposes only, and the final decision regarding which Services to avail of from the Website/Web App shall be at the sole discretion of the User. The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website or Web App. Through this website, you are able to link to other websites which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
21. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User. The User is aware that the Company merely provides a Website through which the Users can communicate and schedule meetings, and the Company/the Website does not own any of the intellectual property relating to the independent content displayed on the Website, apart from originally created graphics and specified content
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
22. DISCLAIMER OF WARRANTIES AND LIABILITIES
- The User agrees and undertakes that they are accessing the Website and transacting at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.
- The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website and the Website doesn’t make any warranty about the conduct of Users on the Website.
- The Company/Website does not guarantee that the functions, products and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
- The Website is and shall avail services from third parties to serve You better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third-party services. The Website will not be responsible for any internet delays and damages caused by such problems.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy
23. FORCE MAJEURE
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
24. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and
performance of these Terms and any disputes arising therefrom will be resolved through a
two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the
Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Trivandrum
- The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to firstname.lastname@example.org.
26. MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us at email@example.com