1. GENERAL CONDITIONS
1.1. www.sparebros.com is a web portal (“Platform”), owned and operated by 1907 Spare Parts Retail (“Seller/Supplier/Company/We/Us/Our”) whose registered office is GANGA JAMUNA COLONY, MURLIPURA Jaipur, RAJASTHAN 302039. These Terms and Conditions of Use (“Terms”) constitute a legally binding and enforceable agreement between, the Company and the User (“Customer/ Consumer/ User/ You/ Your”), and governs your use of the Platform to browse and/or buy products and/or avail any related services displayed by us on the Platform. By accessing and using our Platform to browse and/or buy products, you agree to be bound by these Terms, establishing a contractual relationship between you and the Company. In case you do not agree to the Terms, you may not use or access or stop your use or access of our products and the Platform. These Terms expressly supersede any and every prior written agreement with you. The Company requests User to carefully go through these Terms prior to accessing the Platform or browsing and/or buying products using the Platform.
1.2. The Company provides these Terms so that the User is aware of the Terms that apply to the User’s use of the Platform. The User acknowledges that the Company has given them a reasonable opportunity to review these Terms and they have agreed to the said Terms. The terms and the relationship between the User and the Company shall be governed by the Indian laws without regard to its conflict of law provisions.
1.3. The Company reserves the right, in its sole discretion, to change, modify or amend the Terms for complying with legal or regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms on the Application. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The Company shall not be under an obligation to notify you of any changes to the Terms and Conditions. If you continue to use the Platform, after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms. Any reference to Terms, made herein shall refer to the latest of the Terms.
1.4. The Terms and Conditions are personal to the User and are not assignable or transferable by User except with Company’s prior written consent. The Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
1.5. You agree and acknowledge that you will use the Platform to purchase product(s) only for your personal use and not for business purposes unless you are a registered business/ Organization/ Company and have a registered business account with us.
1.6. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
1.7. You are hereby authorised to use the Platform for lawful purposes or for the purposes as mentioned in the Terms.
1.8. Any unauthorized use of the Platform shall lead to legal consequences against such User as per the applicable laws of the land.
1.9. Any new features or tools which are added to the Platform shall also be subject to the Terms.
1.10. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. ELIGIBILITY
2.1. You hereby represent and warrant that you are of legal age; eighteen (18) years of age or above; and are fully able and competent to understand and agree to the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with the Terms stated therein. If you are under the age of 18 years, you may use the platform(s) only with the involvement of an adult, whether parents, guardians, or any other person above the legal age.
2.2. If you are using the Platform on behalf of an Organization/ Company, you agree to these Terms on behalf of that Organization/ Company and you represent that you have the authority to act on behalf of the Organization/ Company.
2.3. You are in compliance with all laws and regulations in the country in which you live when you access and use the Platform. You agree to use the Platform to browse, and/or buy the products, only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third parties.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF CONTENT/INFORMATION
3.1. The Platform and the service(s) are provided on an “as is” or “as available” basis, without any warranties of any kind. The content on the Platform includes information provided and created by manufacturers, distributors, dealers, advertisers, content partners, software developers, publishers, marketing agents, users, resellers and other third parties. While every attempt shall be made to ascertain the authenticity of the content on the Platform, the Company has no control over the accuracy of such information on its pages, and/ or material on the Platform which may include but not be limited to, technical inaccuracies or typographical errors. The Company makes no guarantees, nor can be held responsible for any such information, including its authenticity, content, quality, copyright compliance or legality, or any resulting loss or damage.
3.2. All Car Make, Model, Variant, Modification names, car images, brand logos are respective trademarks of OEM’s (“Original Equipment Manufacturer”)/ respective owners. The Company does not hold any copyright in regards to these images/logos/details or any relation to them.
3.3. The Company is entitled to display prices of product(s) or service(s) in accordance with prices received from either the seller(s)/ manufacturer(s)/ distributor(s) or any other person(s)/ entity(s) responsible/ authorized to sell their products on the Platform. The Company shall have the right to modify such prices of product(s) or service(s) at any time, without any prior information. The Company shall not be held liable for changes in prices of product(s) or service(s) beyond its reasonable control. Such instances may include but not be limited to, change in maximum retail price (MRP) from the seller(s)/ manufacturer(s)/ distributor(s) or any other person(s)/ entity(s), change in the batch number of the product(s) or services(s) leading to a change in MRP etc.
3.4. All data and/or information on the product(s) and service(s) including but not limited to, the prices and the availability of any product or service or any feature thereof is subject to change without notice to the party providing it. The Company shall reserve the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platform. Where appropriate, the Company will endeavor to update information listed on the Platform from time to time but shall not be held liable for any inaccuracies and/ or errors.
3.5. The Company makes no representation of any Vehicle Manufacturer(s)/ Car brand(s) and its associate(s)/ affiliate(s)/ subsidiary(s) in any manner, whatsoever, until clearly specified association or agreement with such associate(s)/ affiliate(s)/ subsidiary(s), whether directly or indirectly, are mentioned and/ or clearly/explicitly stated on the Platform.
3.6. The Company through its Platform offers to the User, products of relevant pages randomly, sorted or filtered by User’s choice. No products are intentionally prioritized in search results otherwise it will be stated clearly. It is at the sole discretion of the User to decide and opt for any kind of goods.
3.7. The content on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.8. The Company reserves the right to make changes with respect to the delivery of product(s) (e.g. weights, dimensions, functional specifications, load-bearing capacities, tolerances, technical data or product descriptions) as well as any representations thereof (e.g., drawings and illustrations), provided that these do not significantly alter or improve the quality of the deliverables and these changes or deviations are reasonably acceptable to the User.
3.9. The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. THIRD-PARTY LINKS, SITES, SERVICES
4.1. The Platform may contain features and functionalities that may link you or provide you with access to third-party content, which is completely independent of the Platform, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. The Company shall not be held responsible for any content, product(s) and/ or service(s) offered on the website(s) even in cases where the user is redirected to such website(s) from the Platform.
4.2. The User shall be wholly responsible for consuming content, availing the product(s) and services(s) rendered on other websites, shall make themselves aware of the guidelines and terms of such websites and indemnify the Company against any damages or losses arising out of the content, product(s) and/ or service(s) of any other website. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline communication/ transaction with any of these third parties. You agree that the Company cannot be held responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
4.3. The payment for the product(s) by the Users may be processed through the third-party internet payment service providers. By purchasing any product(s) through the Platform, the User hereby consents and agrees to abide by such third-party internet payment service providers’ applicable terms and conditions and privacy policies, their fees. The User agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ User terms and conditions or privacy policies are not acceptable to you, you may act as per your own convenience. In such a case we will not be held liable for any liability arising thereof.
4.4. Additionally, we have no authority over, or liability for, the delivery, safety, legality or any other such aspect of transactions or services availed by the Users through the third-party internet payment service providers. The Company will not be responsible for ensuring that any third-party internet payment service provider the Users operate with, will carry out the complete transaction, or has the appropriate authority to do so. In the event the Users experience any disruptions or problems while making the payment for the product(s) through the third-party internet payment service providers, or if the User has a dispute with such third-party internet payment service providers, the User should resolve the disruptions, problems or disputes directly with that third-party internet payment service provider.
4.5. If there is a dispute between participants on the Platform, or between User(s) and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other User(s), you hereby release the Company, its representatives, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/ or our service. Customer disputes with workshops/ outlets/ shops/ producers/ manufacturers and/ or suppliers providing information or goods to customers, also routed through us, shall be considered as a third party.
5. USER’S OBLIGATION, DATA AND CONTENT
5.1. The user(s) agree, understand and confirm that the credit/ debit/ prepaid/ gift card details or other financial instrument and/ or details provided/ used, for availing of services on the Platform shall be correct and accurate and that the User shall not use the credit /debit/ prepaid/ gift card or any other financial instrument which is not lawfully owned/ obtained by the User. The User also understands that any financial information submitted by the User is directly received by Company’s acquiring bank and not taken by Company directly. The Company shall not be liable for any fraud and/ or unauthorized transaction made on any of its Platform. The liability for use of a card fraudulently shall be on the User(s) and the onus to ‘prove otherwise’ shall be exclusively on the User(s). The Company and its associated acquiring bank or financial/ non-financial institutions reserve the rights to recover the cost of goods, delivery/ logistics charges, collection charges and lawyers’ fees from person(s) using the Platform fraudulently, initiate legal proceedings against such person(s) for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these Terms in accordance with applicable laws of the Land.
5.2. The User(s) agrees that he is solely responsible for maintaining the confidentiality of his account and password associated with the Platform and restricting access to your computer to prevent unauthorized access to your account. The User will not hold the Company liable for any unauthorized access/activity that may occur through the User’s account.
5.3. The User must ensure that any information provided by the User in relation to the use of the Platform is and shall remain true, accurate and complete and if any information provided is false, inaccurate, obsolete or incomplete, the Company may terminate the User’s use of and access to the Platform.
5.4. The User agrees that any content posted/shared by the User on/with the Platform/Company will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related website.
5.5. The User grants the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content posted by the User(s) on any public area of the Platform, and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Platform, the User automatically grants the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Platform by any party for any purpose.
5.6. The Company reserves the right to contact the User through telephone, email, SMS, or any other means of communication for the purpose of obtaining feedback in relation to the Platform or our Services; or resolving any complaints, information, or queries by other User(s) regarding your critical content. The User agrees to provide his fullest cooperation further to such communication by the Company.
5.7. If, at our request, the User shares certain specific submissions (for example contest entries) or without a request from the Company, the User shares creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the User agrees that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the User forwards to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
6. INFORMATION DISCLOSURE
6.1. The User agrees and consents that the Company may, in accordance with its Privacy Policy (http://sparebros.com/privacy-policy/ ), collect and use the User(s) information, technical data, and related information for the validation of the documents submitted. The Company may use information and data pertaining to the User(s) use of the Platform/Service(s) for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform and transfer the same to its affiliates and service providers in furtherance of your access to these service(s).
6.2. The Company may disclose or transfer user-generated information with its affiliates or Governmental authorities in such a manner as permitted or required by applicable laws. The User hereby consents to such transfer of information by the Company. In accordance with the applicable laws, the Company shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer.
6.3. Subject to applicable laws, the Company may be directed by law enforcement agencies or the Government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
7. CONDUCT AND INTELLECTUAL PROPERTY RIGHTS
7.1. In addition to other prohibitions as set forth in the Terms, the User(s) shall be prohibited from using the Platform to carry out any illegal activity including but not limited to the acts mentioned: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) transmitting any information on or through the platform(s) that is disruptive or competitive to the provision of our Services; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) circumventing or disabling any digital rights management, usage rules, or other security features of the platform(s) ;(l) for any obscene or immoral purpose; or (m) to interfere with or circumvent the security features of the Platform or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.
7.2. Unauthorized access, reproduction, redistribution, transmission and/ or dealing with any information contained on the Platform in any other manner, either in whole or in part, are strictly prohibited, failing which the Company shall take legal action against such users. The User(s) may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained on the Platform.
7.3. The User agrees not to post, email, or otherwise make available content:
7.3.1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
7.3.2.that is pornographic in nature;
7.3.3.that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
7.3.4.that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
7.3.5.that includes personal or identifying information about another person without that person’s explicit consent;
7.3.6.that is false, deceptive, misleading, deceitful, or constitutes “bait-and-switch”;
7.3.7.that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law.
7.3.8.that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7.3.9.that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the service, or that otherwise negatively affects other users’ ability to use the service; or
7.3.10. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the service.
7.4. The User understands that Company does not entirely control and is not responsible for Content made available through the Platform and that by using the Platform, the User may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
7.5. All third-party trademarks and brand names that appear on the Platform are the property of their respective owners. Content on the Platform is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained in the Platform for any commercial purpose is a violation of the intellectual property of the Company and/or its affiliates or associates or of its third-party information providers. We reserve the right to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
7.6. The User shall acknowledge and agree that through the use of the Platform or by purchasing products through or at the Platform, no right (empress or implied) is granted to the User(s) in respect of such Content. The Company reserves the right to change or modify the Content from time to time at its sole discretion.
8. SPECIAL OFFERS, DISCOUNTS AND COUPONS
8.1. Any special offers, promotional deals, money-off vouchers, and coupons (“Discounts”) shall only be valid during the period of validity and subject to the conditions of each offer, as mentioned under on the Platform. Only the Discounts displayed on the Platform will be deemed valid. The Company may at its sole discretion modify, extend, update or withdraw the offers on products without any prior intimation/ notice to the user.
8.2. Discounts may not under any circumstance be converted into a sum of money which is reimbursable or payable to the User. Discounts may only be used by the User to whom they are granted and shall not be transferable to third parties.
8.3. Unless otherwise mentioned in a specific Discount offer, the User shall be barred from using several Discounts cumulatively when placing a given order. If the User mentions their possession of several Discounts on the Platform concurrently, the User shall only be able to use the Discount of the largest amount for the same order.
9. PRODUCT RETURN/CANCELLATION
9.1. The Company may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons beyond its reasonable control, whatsoever, cancel the orders placed by the User(s). The Company’s decision of cancellation of such order(s) shall be final and the Company shall not be held liable for such cancellation, whatsoever. If the order is cancelled after a successful payment is made by the User, the Company shall endeavor to reverse the payment in the User’s source payment method.
9.2. Under no circumstances shall the Company’s liability exceed giving the User a replacement of the same product(s) or service(s) and/ or an alternate product or service of the same monetary value.
9.3. The User may return the purchased product(s) and avail a refund as dictated by the Return and Refund Policy (http://sparebros.com/return-policy/ ).
9.4. The Company reserves the right, but is not obligated, to limit the sales of Product(s) or Service(s) to any person, geographic region or jurisdiction. The Company may exercise this right on a case-by-case basis. The Company reserves the right to limit the quantities of any products or services that we offer.
10. LIMITATIONS OF LIABILITY/ INDEMNIFICATION
10.1. Under no circumstances shall the Company be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Company has been advised of the possibility of such damages) of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, resulting from any aspect of your use of the Platform or service(s), whether the damages arise from use or misuse of the Platform or service(s), from inability to use the Platform or the service(s), or the interruption, suspension, modification, alteration, or termination of the Platform or the service(s). Such limitation shall also apply with respect to damages incurred by reason of other service(s) or product(s) received through or advertised in connection with the Platform or service(s) or any links on the Platform, as well as by reason of any information or advice received through or advertised in connection with the Platform or service(s) or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. Our directors, representatives, employees, affiliates, agents, contractors, interns et al. shall not be held liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Platform or service(s), even if the Company has advised of the possibility of such damages. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with us in connection therewith.
10.2. While we endeavor to ensure your access and use of the Platform is safe, we cannot and do not represent and warrant that the Platform or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.
10.3. The company is not liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the Internet/Mobile network or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from using the Platform.
10.4. The Company shall not be liable for any damages, liability or losses arising out of:
10.4.1. Your use of or reliance on the Platform or your inability to access or use the Platform; or
10.4.2. Any transaction or relationship between you and any third-party provider.
10.4.3. Any delay or failure in performance resulting from causes beyond Company’s reasonable control.
10.5. The Company does not warrant that the results that are obtained from the use of the Platform will be accurate or reliable. You agree that, except as expressly stated by the Company, the product(s) provided/delivered to you through the Platform are provided as is and as available; to you, and are without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
10.6. The Company deals with manufacturer(s), producer(s) and supplier(s) and offers their catalogue to User(s) as a mediator. We recommend you consult with any workshop or specialist while choosing any product(s) or service(s) intended for installation in your car. In the case of any compatibility, fitment and/or quality issue(s) with the product(s) or service(s) the Company does not take any responsibility for such issues and quality of the product(s) but may, at its sole discretion, assist/ help the User(s) to resolve their issues with the mutual discussion between them and the supplier.
10.7. The User shall be responsible for investigating whether a product is suitable for the User’s particular applications. Any details and information provided on the Platform in relation to its goods do not constitute any promise as to their suitability for the User’s purposes.
10.8. The company will try its best to solve any questions that arise between supplier, logistics provider and customer, but does not take responsibility for miscommunications, payment or any other product-related issues between involved parties.
10.9. The User agrees to defend, indemnify and hold harmless the Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the service, your use of the service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
10.10. The User agrees that from time to time the Company may remove the Platform/service(s) for indefinite periods of time or cancel the Platform/service(s) at any time, without notice to you.
11. ACCESS TO THE SERVICE/LICENSE
11.1. The Platform is designed, updated and maintained independently by the Company. When you access the Platform, you do so under a license granted from us.
11.2. The company grants you limited, non-exclusive, non-sublicensable, revocable, non-transferable rights to access the Platform and to avail the service(s) for your own personal use. These rights do not include any collection, aggregation, copying, duplication, display or derivative use of the service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Company. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. The Company and its licensors reserve all rights not expressly granted herein.
11.3. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, the product(s) and the service(s), except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms.
12. TERMINATION OF SERVICE
12.1. You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the platforms(s), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the service. Further, you agree not to attempt to use the service after said termination.
12.2. Once terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination, such User shall no longer have access to data, messages and other material kept on the Platform by such User.
12.3. The User may terminate these terms at any time, for any reason. The obligations and liabilities incurrent by the parties prior to the termination date, for all intents and purposes, will survive the termination of these Terms. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
12.4. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform/service(s) (or any part thereof).
13. SEVERABILITY
13.1. In the event that, any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable if that part were removed, the rest of the provision will remain in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
14. WAIVER
14.1. Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
14.2. These Terms and any policies or operating rules posted by us on this Platform constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
14.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15. DISPUTE RESOLUTION
15.1. In case of any dispute or difference between the User(s) and the Company, regarding the interpretation of these terms, any claims or any disputes arising out of or pursuant to these terms, the same shall first be resolved by mutual discussion. In case such claims or disputes are not resolved by mutual discussion, the same shall then be referred to a sole arbitrator, who shall be appointed by mutual consent. The proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996, and the courts of Jaipur, Rajasthan shall have sole jurisdiction over the matter and/ or for the enforcement of the outcome, as the case may be.
