A. GENERAL TERMS
This Terms of Use (hereinafter referred to as “Terms”) is drafted in conformity with the Information Technology (Intermediaries Guidelines) Rules, 2011, specified under the Information Technology Act, 2000, in order to regulate the terms and conditions of usage and access to the Website and the Services (defined hereinafter). No physical or digital signature is necessitated in order to validate this Agreement.
M/s. Junesun OPC Private Limited, a company registered under the Companies Act, 2013, and having its registered office at Palm meadows, Laxmi Nagar, Kompally, 500100 (hereinafter referred to as “Company”, “We”, “Us” or “Our”) owns and controls www.foodhosts.in (hereinafter, referred to as “Website”), through which it facilitates connecting the home chefs and cloud kitchens with prospective customers (hereinafter, referred to as “Services”).
The Company, through its Website, enables connecting the home chefs and cloud kitchens (hereinafter, referred to as “Sellers”) of various products which are intended to be sold by them to potential Customers (hereinafter, referred to as “Customers”).
All commercial/contractual terms are offered by and agreed to between Customers and Seller alone with respect to products and services being offered by the Sellers. The commercial/contractual terms shall include price, applicable taxes, payment terms, date, period and warranties related to products and services. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and Sellers. The price of the product and services offered by the Sellers are determined by the Seller itself and the Company has no role to play in such determination of price in any way whatsoever.
The Services offered through the Website are subject to the following terms and conditions, which are constantly administered and upgraded at the discretion of the Company.
B. INTRODUCTION AND ACCEPTANCE
- The Services provided by the Company include connecting the Sellers with the Customers. Services offered through the Website are subject to the terms of Our Website and other policies as mentioned on Our Website.
- The policies are subject to modifications, at the sole and absolute discretion of the Company. Further, the Company may from time to time formulate new policies for availing all or any of the Services. The most current version of the Terms will supersede all previous versions. The Customer understands that the Customer’s use of the Services after any changes to the policies or addition of new policies constitutes the Customer’s specific acceptance and Customer is to be bound by the most recent version of the policies. If the policies, including changes and additions thereto, are not acceptable the Customer, the Customer shall have the absolute right to terminate the Customer’s Account (defined hereinafter) by notifying to Us at [•].
- The Customer agrees that by clicking on “Join Now” or “Sign Up” or other similar terms, Customer are entering into a legally binding agreement to use the Services of the Company and shall continue to be binding until the Customer continues to access and use the Website
C. GENERAL REGISTRATION REQUIREMENTS
- We believe in providing a simple and easy access to Our Services. In order to avail the Services, the Customer will be required to register and create an account on the Website (hereinafrer referred to as “Account”) by providing certain required information.
- Upon the creation of the Account, the Company shall allow the Customer to access the Account to avail the Services.
- It is mandatory for the Customer to provide Us with correct, complete, updated and accurate information while creating an Account.
- The Customer hereby, expressly consents to receive communications and newsletters from the Company by SMS and e-mails. In the event that the Customer does not wish to be contacted by Us or the Customer wants to control and limit the nature of messages the Customer receives from Us, please write an email to [email protected] and We shall act accordingly. Alternatively, the Customer may also change Customer’s Account settings from the ‘Settings’ option in Our Website.
- The Customer shall not subscribe for, use or access the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- The Customer can always choose to unregister or delete the Account by writing to Us at [email protected]
D. SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY
- The Customers shall be fully responsible for all activities that occur under Customer’s Account.Customer concur to:
- a. immediately notify the Company of any unauthorized use of the Account or any other breach of security; and
- b. ensure that Customer properly signs off from the Account after each visit and/or use of Services.
- a. immediately notify the Company of any unauthorized use of the Account or any other breach of security; and
- The Company cannot and shall not be responsible for any loss or damage resulting from Customer’s failure to comply with these conditions.
- The Customer shall be held responsible for any losses incurred by the Company or any third- party user due to any unauthorized use of Customer’s Account which is a consequence of Customer’s inability to secure the Account.
E. THE COMPANY AND THIRD PARTIES
- The Customer acknowledges and agrees that the Company is only an intermediary between the Customers and the Sellers, hence, the Company cannot be a party to or control in any manner any litigation between the Sellers and the Customers of the Website.
- To the fullest extent permitted by the applicable laws, in no event shall the Company be liable to the Customer for any damages resulting from any:
- a. errors, mistakes, or inaccuracies of Content (defined hereinafter);
- b. personal injury or product damage, of any nature whatsoever, resulting from the Customer’s access to and use of the Services including Website however, in the event of product damage, the Company may refund money depending on whether the cause of damage was at the end of the delivery partner or the Seller;
- c. any interruption or cessation of transmission to or from Our servers;
- d. any bugs, viruses, which may be transmitted to or through the Services by any third party;
- e. any loss of the Customer’s data or content from the Services;
- f. Customer’s failure to keep the Account details secure and confidential;
- g. loss or damage which may be incurred by the Customer, including but not limited to loss or damage as a result of reliance placed by Customer on the completeness, accuracy or existence of any advertisements or as a result of any relationship or transaction between the Customer and the Sellers. In no event shall the Company be liable to the Customer for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly) that arise from the Customer’s use of any of the Services provided by the Company or any agent, employee, consultant or partner of the Company. By engaging Our Services, the Customer acknowledges and agrees to solely assume the risk of these limitations.
- The Service may entail links to third party websites that are neither controlled nor owned by the Company. The Company has no control over the content on such websites and, therefore, devolves itself of all the responsibilities for the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and miscellaneous materials Customer may come across / access through, or contribute to the service and the privacy policies, or terms of service or practices of any third-party websites / Websites. Further, the Company is not authorized to edit any third party’s content. By using the Service, Customer expressly devolve the Company of all its liability arising from Customer’s usage of any third- party website / Website.
- In order to provide Services to You, the Company may use a third-party software. If the Customer tries to separate the third-party software from the Website and, then, further use it, in any manner, which is inconsistent with the manner as enumerated in the third-party software’s terms of use, which is illegal or against public policy, then the Customer will be liable for the same according to the governing law and jurisdiction as mentioned in their respective terms of use and privacy policy. The Customer also agrees to indemnify the Company to the full extent for the said acts subject to the applicable laws.
- The Company may use third-party services including delivery partners to provide Services to the Customer and the Customer agrees that the Company shall not be responsible for acts of such third-party service providers.
- By using the Services, the Customer agrees that any legal remedy or liability that the Customer may seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular members or other third parties who caused harm to the Customer and the Customer agrees to not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
F. ADDITIONAL TERMS FOR THE CUSTOMERS
- The Customer may note that the Company processes the information provided by the Sellers on the Website and it is not responsible for any false or inaccurate information which is provided by the Sellers to the Customers, through the Website.
- The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Customer. In case of complaints from the Customer pertaining to efficacy, quality, or any other such issues, the Company shall notify the same to Seller and the Seller shall be liable for redressing Customer’s complaints. In the event that the Customer raises any complaint on any Seller accessed using Our Platform, We shall assist the Customer to the best of Our abilities by providing relevant information to the Customer, such as details of the Seller and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint.
- The Company does not own, sell, resell on its own such products offered by the Seller, and/or does not control the Seller or the related services provided in connection thereof.
- The Customer understands that any order that the Customer places shall be subject to the terms and conditions set out in these Terms including, but not limited to, product availability, delivery location serviceability, and acceptance of orders by Sellers.
- The Company shall not be, directly or indirectly, held responsible for any decision or consequences of any decision taken on the basis of product descriptions and other information provided on the Website as the same is intended for information and marketing purposes and, whilst displayed in good faith, the Company will not in any circumstances accept responsibility for their accuracy. It is the responsibility of the prospective Customer to satisfy themselves as to the accuracy of any product descriptions displayed and the responsibility of Sellers to ensure the accuracy and integrity of product descriptions provided on the Website. The responsibility for the final decision would rest solely with the Customer. The Company may insist on the Customer to separately sign other terms or any other relevant documents as may be necessary in future with the Seller.
- The Company shall not be liable towards the Customer or any person acting on the Customer’s behalf, with regard to the quality, suitability or the intended use of the Services via the Website, whether directly or indirectly.
- The order shall be deemed to be confirmed once the Seller confirms the order placed by the Customer and the Customer shall not have the option to cancel the order once confirmed by the Seller.
G. PAYMENT OF FEES
- Online payment for Services can be made by credit, debit card and net banking facility. These payments are not collected by the Company directly but by the bank. The online payment system is provided by the Company and its third-party suppliers, and We are not responsible for any errors, delays or erroneous transactions. All prices quoted are in INR. The Company reserves the right to change the fees at any time. We cannot accept a liability for a payment not reaching the Company account due to the Customer quoting an incorrect account number or incorrect personal details. No liability will be accepted by the Company, if the payment is refused or declined by the credit/debit card supplier for any reason.
- If the card supplier declines payment, the Company has the right but no obligation to bring the fact to the Customer’s attention. The Customer should check with the Customer’s bank / credit / debit card supplier that the payment has been deducted from the Customer’s Account. All payment details which are entered through this payment gateway are encrypted when the Customer makes the payment.
- The Company shall not be liable for any failure by the Customer making a payment of fees to properly protect data from being seen on their screen by other persons or otherwise, obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
- The Company shall not be liable for any loss or damage sustained due to a reason of any disclosure (inadvertent or otherwise) of any information concerning the Customer's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars for any error, omission or inaccuracy with respect to any information so disclosed and used, whether or not in pursuance of a legal process or otherwise.
H. LICENSE TO THE WEBSITE
Subject to the Customer complying with each of these Terms, the Company, hereby, grants to the Customer a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Website to access the Service, in accordance with these Terms, solely for personal reasons and not for resale or to provide services to third parties. The Customer agrees to use the Website only for its intended purpose, in an authorized manner, and in compliance with all privacy, data protection, intellectual product, and other applicable law.
I. AVAILABILITY OF SERVICES PROVIDED
All or any of the Services offered through the Company may be temporarily unavailable or may not be offered to the Customer, for various reasons which could include but not be limited to geographic limitations, or prohibition / restrictions under applicable laws or policies or due to any technical faults or interruptions, for which the Company shall not be held liable.
J. CONSENT
- This consent provided by the Customer shall have the right to withhold or withdraw the Customer’s consent for any of the Services at any point of time and inform Us about such withdrawals through e-mails or by contacting the customer care. Irrespective of such withdrawals of the Customer’s consent, all dues outstanding for the Services availed shall be settled by the Customer to the Company.
- The Customer, hereby, agrees that the Customer shall use the Website for the purpose specified in these Terms and shall not use the Website for any unauthorized and unlawful purpose, including impersonating another person and shall not attempt to reverse-engineer, alter or modify any part of the Website.
- The Customer acknowledges that if the Company finds the Customer to be in violation of any of the applicable laws/rules/regulations/guidelines set out by the authorities, the Company shall be entitled to terminate the Customer’s Account, ban the Customer from the Website or take such other legal action as may be required.
K. WEBSITE CONTENT
- The Company does not guarantee that the Website is well-suited to the Customer’s device or that the Contents of the Website are accurate, correct and free of viruses.
- All Contents, programs, services, processes, designs, software, technologies, trademark, trade names, inventions and materials made by the Company or for the Company and are posted on the Website are wholly owned by the Company. The copyright to Content on the Website as well as the intellectual product contained thereon vests wholly and completely in the Company.
- The Company cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
- The Contents of the Website such as text, graphics, images and other material licensed by the Company (hereinafter referred to as “Content”) are protected by copyright under Indian laws, and the title to the Content shall not pass to the Customer or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed.
L. INDEMNITY
- The Customer, hereby, agrees to indemnify and hold harmless the Company from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and, howsoever arising, including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss incurred or suffered by the Company, directly or indirectly, by reason including but not limited to the following:
- a. Customer’s use/misuse of/or access to the Website;
- b. Using Customer’s user id and password;
- c. Any activity related to Customer’s internet account (including negligent or wrongful conduct) by the Customer or any other person accessing the "Website" using the Customer’s Account;
- d. From any transaction that the Customer conducts as a result of the contact facilitated by the "Website; or
- From the Customer shall agree to defend the Company, directors, managers, associates, partners, assignees, licensees, affiliates and agents in the event of any loss and damages caused to anyone, due to actions caused by the Customer or by anyone on the Customer’s behalf.
- The Company or any of its affiliates is not responsible for any legal proceedings, which are initiated by either of the parties to this Agreement. In case the Company gets involved in any of the proceedings by either of the parties, the Company shall recover the costs and damages which are incurred by it, from the party which names or involves the Company to the proceedings.
- None of the information available on the Website is intended to be a substitute for independent professional advice and the Customers are recommended to seek advice from suitably qualified professionals if relevant to their particular circumstances.
M. RESTRICTIONS
The Customer shall ensure the following:
- a. To not impede and impair the operations and the functionality of the Website.
- b. To be compliant with the applicable laws and regulations.
- c. To not access any data, that is not meant to be used by the Customer.
- d. To not breach any of the security measures without appropriate authorization.
- e. To not copy and distribute the Content and information, provided on the Website or on other servers, with due authorization from the Company.
- f. The Customer undertake to not send any information on behalf of the Company. It is solely the responsibility of the Website to solicit any information and to send through emails, SMS’s, multimedia Content and advertisements on the World Wide Web to its Customer or prospective Customers.
- g. The Customer is strictly prohibited from passing on any information, which contains confidential information about the other Customers, to any third parties or other servers, without prior consent from the Company.
- h. The Customer shall not violate any law which is in force for the time being.
- i. The Customer shall not share any message or information which is used to deceive the other users.
N. CONFIDENTIALITY OF INFORMATION
The Customer shall not, either during the period of use of the Website or thereafter, except in the proper course of the Customer’s duties, divulge to any person whomsoever and shall use the Customer’s best efforts to prevent the unauthorized use, dissemination, publication or disclosure of any confidential information. The Customer shall not either during the period of use of Website or thereafter use the confidential information for the Customer’s own benefit, or for the benefit of a third party, and shall not permit such use, except with the prior, express written consent of the Company.
O. DISCLAIMERS AND WARRANTIES
- All the opinions, views, expressions and comments expressed by the Customer are their own and there is no direct or indirect endorsement by the Company. However, the Company makes every attempt to detect content that is malicious, fraudulent, offensive and abusive. However, if any content is found to be offensive, it can be reported by the Customer under the option of report abuse.
- No information which is put on the Website is to be accepted as an invitation to an offer, made by the platform. There is no endorsement which is made by the Company through its Website.
- In the event of a Customer contacting a Seller, there shall be no reliance solely upon the Content and description of the product as mentioned on the Website. The Company makes no endorsements and does not intend upon influencing any of the Customers to subscribe and select a particular product. Hence, in case of any issues faced by the Customer, the Company shall not be involved.
- There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy, reliability and/or quality of any information transmitted and/or obtained through the use of the Services of the Company.
- The Company assumes no responsibility for any damages or viruses that may infect the Customer’s computer equipment or other product on account of Customer’s access to, use of, or browsing in this site.
- We disclaim responsibility for any harm to persons resulting from any Services referred to in the Website. The Company is not associated with any Customers.
- The Company accepts no responsibility for any loss or damage suffered due to the Customer’s reliance on the Service reviews posted by the Company Customers.
- The Website may be under constant upgrades, and some functions and features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Website or delay or errors in functionality of the Website. As a result, We do not represent that the information posted is correct in every case.
- The Customer acknowledge that third party services are available on the Website. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to the Customer. However, the Customer acknowledges and agrees that at no time are We making any representation or warranty regarding any third party's services nor will We be liable to the Customer or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability for any losses and/or damages experienced by the Customer or any third party. The Customer hereby disclaims and waives any rights and claims the Customer may have against us with respect to third party's / seller’s/ delivery executives’ services.
- The Company disclaims itself from all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by the seller or delivery executives.
- While the materials provided on the Website were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that the Company makes no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, the Company does not, in any way, endorse any service offered or described herein. In no event shall We be liable to Customer or any third party for any decision made or action taken in reliance on such information.
- The Company shall not be liable to the Customer or anyone else for any losses or injury arising out of or relating to the information provided on the Website. In no event will We or our employees, affiliates, authors or agents be liable to the Customer or any third party for any decision made or action taken by the Customer’s reliance on the content contained herein.
- In no event will the Company be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or seller accessed through the Website, whether based on warranty, contract, tort, or any other legal theory and whether or not We are advised of the possibility of such damages.
P. LIMITATION OF LIABILITY
- All information, products and Services included on or otherwise made available to the Customer through the Website are provided by the Company on an "as is" and "as available" basis, either expressed or implied, and such information is not to be intended as a medium for verifying the credentials, qualifications, or abilities of any professional contained therein. We specifically disclaim warranties of any kind to the extent allowed by the applicable law. The Customer expressly agree that the Customer’s use of the Website at the Customer’s sole risk.
- The Company is only an aggregator for facilitating communication between the Customers and the Sellers and the Customer agrees, understands and acknowledges that the Company is not the manufacturer of the products or provider of the Services that may be purchased/booked through it, whether directly or indirectly, and, accordingly, shall not be liable, in any manner whatsoever, for any liability, loss, damage or compensation that is legally attributable to the manufacturer of such products or to the provider of the Services. The Company shall not be liable towards the Customer or any person acting on the Customer’s behalf, with regard to the quality, suitability or the intended use of the products purchased via the Website, whether directly or indirectly.
- The Company assumes no responsibility for any damages or viruses that may infect Customer’s computer equipment or other property on account of the Customer’s access to, use of, or browsing in this site.
- The Company has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which We shall have no liability. We reserve the right to remove or alter any of the information contained on the Website at our sole discretion.
- The Company has exerted reasonable care and efforts to ensure the adequacy, currency or completeness of the Website Content, however, the Company cannot guarantee and be responsible towards the same. Despite the reasonable care taken by the Company, the Company does not warrant or endorse the effectiveness, quality or safety of the products available on its Website.
- We disclaim responsibility for any harm to persons resulting from any instructions, products or Services referred to in the Website.
- We may let the Customer view our information and communicate with Us through the social media services such as Facebook and Instagram. The Company, explicitly, disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites which are in no way associated with Us.
- The Company accepts no responsibility for any loss or damage suffered due to the Customer’s reliance on the Service reviews posted by the Customers.
- The Company reserves the right to modify or withdraw any part of the Website or any of its Content at any time without notice.
Q. Cancellation and refund policy:
Customer Cancellation:
As a general rule Buyer shall not be entitled to cancel Order once placed. Buyer may choose to cancel Order only within a 5 minutes of placing the order. However, subject to Buyer’s previous cancellation history, Foodhosts reserves the right to deny any refund to Buyer pursuant to a cancellation initiated by Buyer even if the same is within five-minutes followed by suspension of account, as may be necessary in the sole discretion of Foodhosts
If Buyer cancels his/her Order after five minute of placing it, Foodhosts shall have a right to collect a penalty of 100% of the Order amount for breach of contract terms as a compensation for the damages suffered by Foodhosts, with a right to either not to refund the Order value in case Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order in case his/her Order is postpaid, to compensate the Merchants and PDPs.
Non-Customer Cancellation:
Foodhosts reserves the right to collect a penalty for the Orders constrained to be cancelled by Foodhosts for reasons not attributable to Foodhosts, including but not limited to:
- In the event if the address provided by Buyer is either wrong or falls outside thedelivery zone;
- Failure to contact Buyer by phone or email at the time of delivering the Order booking.
- Failure to deliver Buyer Order due to lack of information, direction or authorization from Buyer at the time of delivery; or
- Unavailability of all the items ordered by Buyer at the time of booking the Order; or
- Unavailability of all the items ordered by Buyer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable, Foodhosts will contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability. In such an event Buyer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value.
Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, you will be required to share the proof of the same before any resolution can be provided.
You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner/Store on a best-efforts basis.
All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies. The refunds take a max of 5 to 7 business days contact us if you would like to track the refund.
R. MISCELLANEOUS
- Any violation of these Terms or any indecent action towards other Customers and Seller will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India including but not limited to termination of usage rights as well as legal action. In the event of termination, the Customer will not receive any credit or payment from the Company.
- Without limiting the Company to other remedies, the Customer must pay the Company all fees owed to Us and reimburse the Company for all losses and costs (including any and all the Company associate, officers or representative’s time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees.
- The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. The Company does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- he Customer shall not assign any rights or obligations arising under these Terms, whether by operation of law or otherwise, without the prior written consent of the Company.
- The Customer agrees that the Company may subcontract certain aspects of the Service to third parties.
- Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, the same shall be referred to a person nominated by the Company whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Hyderabad and the process shall be in English Language.
- Notwithstanding the foregoing, if the Customer breaches or threatens to breach any provision of this Agreement, the Customer acknowledges that irreparable harm will result to the Company if the Customer breaches any obligation under this Agreement and the Customer acknowledges and agrees that such a breach would not be properly compensable by an award of damages. Accordingly, the Customer agrees that the Company shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
- In the event that any provision of this Agreement is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.
- This Agreement shall be governed by the laws of India and in case of any dispute between the Customer and the Company, in relation to the Services, the Courts of Hyderabad shall have exclusive jurisdiction.
S. GRIEVANCE OFFICER
In accordance with the Information Technology Act 2000, and Information Technology (Intermediaries Guidelines) Rules, 2011, made thereunder, the contact details of the Grievance Officer are provided below in order to contact him when the Customer have some problem or grievance with respect to the Services of the Website. The Customer should promptly raise such grievance or complaint with the below designated Grievance Officer to enable him to resolve the complaint.
Grievance Officer: Satish
Email: [email protected]