Terms and Conditions for site usage

This document sets forth the Terms and Conditions (hereinafter referred to as “Terms/ Terms and Conditions”) that apply to the access and use of the kanhealthcare.in (hereinafter referred to as “Website”) which is managed and operated by KAN HEALTHCARE (hereinafter referred to as “Company”), having its registered office address at H16, CID Colony, Adil Nagar, Kalyanpur, Ring Road, Lucknow, India

These Terms are a legally binding document and are an electronic record as prescribed under the provisions of the Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and does not require any physical or digital signatures. These Terms is published in accordance with the provisions of Rule 3 of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that provides for the due diligence to be exercised for the access or usage of this Website.

These Terms govern the access and use of the Website of the Company and the services provided thereunder. Please read these Terms carefully before accepting. The User (hereinafter referred to as “User/ You/ Your/ Yours”) by accepting the Terms or by accessing, downloading, installing, browsing or otherwise using the Website agree that you have read, understood, acknowledged and accepted these Terms and use of the Company’s Website, products and services. These Terms along with Privacy Policy describes the relationship of the Company and Users which will be subject to the rules, guidelines, policies, Terms applicable to any service that is provided by this Website and shall be considered as part and parcel of this Terms and Conditions.

PLEASE READ THESE TERMS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS HEREIN CONSTITUES AN AGREEMENT HEREUNDER BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED

1.      DEFINITIONS AND INTERPRETATION

  • Definitions

In these Terms, (a) capitalised terms defined by inclusion in quotations and / or parenthesis have the meanings so ascribed; and (b) the following terms shall have the meanings assigned to them herein below:

  • Indian Citizen shall mean a person who is the citizen of India and has attained the age of majority i.e. 18 years of age.
  • Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Company, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by the Company, formulas, in-house software’s, VPN etc. Intellectual Property of the Company also extends to the content made available to its Users.
  • Minor shall mean any person below the age of 18 years.
  • Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual.
  • Privacy Policy means the policy created by the Company describing how the Company collects and handles certain information including PII, which it may collect and/or receive from User via the use of the Platform from time to time.
  • Product(s) shall mean to include, but not limited to, varieties of beauty, health and wellness products and such other products added from time to time on the Website.
  • Services shall mean to include, but not limited to, the facility provided on the Website to scroll through the assortment of Products on offer, to add to cart various Products and effectuating the purchase of such Products.
  • Territory shall mean ‘India’.
  • Third Party shall mean and include banks, associations, company or any entity whose facilities are being utilized by the Company to provide Services to the Users.
  • Interpretation

In these Terms, where the context admits:

  • any reference to any statute or statutory provision shall include:
  1. all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated); and
  2. such provision as from time to time amended, modified, re-enacted or consolidated (whether before, on or after the date of these Terms) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under these Terms as applicable, and, to the extent liability thereunder may exist or can arise, shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced.
    • any reference to the singular shall include the plural and vice-versa;
    • any references to the masculine, the feminine and the neuter shall include the others;
    • references to these Terms or any other document shall be construed as references to these Terms or that other document as amended, varied, novated, supplemented or replaced from time to time;
    • headings to Clauses, parts of Schedules and Schedules are for convenience only and do not affect the interpretation of these Terms;
    • the words “include”, “including” and “in particular” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words; and
    • References to a person’s representatives shall be to its officers, employees, legal or other professional advisers, sub-contractors, agents, attorneys and other duly authorized representatives.
  • AGREEMENT TO TERMS
  • By browsing the Website, You confirm that You have read, understood and agreed to be bound by all of the Terms set forth in the Terms and Conditions, which shall constitute a binding contract between the You and the Company.
  • If You do not wish to be bound by the Terms and Conditions, You must exit the Website immediately.
  • You are aware and You accept that all information, content, materials, Products on the Website is protected and secured.
  • You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company and other third parties like directors/producers/production houses/ casting agents/ casting agencies, in so far as required for marketing purposes/offering/cross-selling various Services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise.
  • You acknowledge and accept that the Company can at its sole discretion amend any of its Services being rendered in the Website either wholly or partially at any time and/or provide an option to You to switch to other Service.
  • You acknowledge and accept that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of the Company or third party engaged by the Company to provide smooth functioning of the Website. The permission given by Company to access the application will not convey any proprietary or ownership rights in the software/hardware of the Company.
  • You accept and acknowledge that not all the Products and Services offered on the Website are available in all geographic area and you may not be eligible for all the Services being offered by the Company on the Website. The Company thus reserves the right to determine the availability and eligibility for any Service and/or Product being offered on the Website.
  • You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service or Product due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
  • You agree that transactions made through the Company’s Website shall be through Your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications or any other law applicable and being in force.
  • You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your account if You are found engaging in any fraudulent or illegal activity.
  • Use of Website

By making use of the Website you hereby declare/ confirm that:

  • You are aware and accept that all information, content, and materials on the Website is protected and secured.
  • You understand and accept that opening and maintenance of the account is subject to rules and regulations introduced or amended from time to time by the Company.
  • You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company and other third parties, in so far as required for marketing purposes/offering/cross-selling various Products and services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise.
  • You acknowledge and accept that you will be responsible for maintaining the confidentiality of your account information.
  • You acknowledge and accept that you will be fully responsible for all the activities that occur under Your account.
  • You agree to keep your login credentials i.e. User Id and password safe and confidential at all times.
  • You agree to promptly and immediately inform the Company of any actual or suspected unauthorized use of Your Account. You agree that Company shall not be liable for any loss or damage that may occur/arise from Your failure to comply with the provisions.
  • You acknowledge and accept that the Company can at its sole discretion amend any of its Services being rendered in Your account either wholly or partially at any time and/or provide an option to You to switch to other Service.
  • You acknowledge and accept that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of the Company or Third Party. The permission given by Company to access the application will not convey any proprietary or ownership rights in the software/hardware of the Company.
  • You accept and acknowledge that not all the Products offered on the Website are available in all geographic area. The Company thus reserves the right to determine the availability and eligibility for any Product being offered on the Website.
  • You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
  • You agree that transactions made through the Company’s Website shall be through Your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications or any other law applicable and being in force.
  • You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your account if You are found engaging in any fraudulent or illegal activity.
  • Eligibility Criteria
    • Only Citizen of India can purchase the Products and/or use the Services on the Website.
    • You hereby represent and warrant of being atleast 18 (eighteen) years of age or above and being fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligation, affirmations, representations and warranties set forth in this Terms and Conditions. If you are a citizen of a country other than India, then you undertake that you have attained the age of majority as per the laws of the jurisdiction to which you are subject to.
    • You agree and accept that where You are acting as a Guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. If the Company learns that the Company has collected PII from a minor, the Company reserve the right to immediately delete the information and the account created by such User. If You believe that a minor may have provided the Company PII, you may contact us at +91
      89573 75789
    • You are not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any other applicable laws.
    • You agree and acknowledge that the Company does not have the responsibility to ensure that You are following under the aforesaid eligibility.
  • Registration
    • In order to use the Website and avail the Services, You need to register on the Website and provide the Company with accurate and complete information. The information provided by you for the creation of Your account shall be considered as Registration information.
    • User can opt to register on the Website by linking its Gmail/Facebook account.
    • For registering on the Website without linking the abovementioned social media accounts, the user will be required to provide the following PII:
      • Full name
      • Email Address
      • Mobile Number
      • Password for the account

User shall also be required to furnish the following PII during the checkout process to effectuate the purchase of Product(s):

  • After furnishing such information, user shall receive an OTP on the registered mobile number and/or any registered email address to complete the registration process.
  • On successful registration, You shall receive a welcome message on Your registered mobile number and/or any registered email address and You will be able to access Your account by using its email ID and password chosen during the registration process.
  • You hereby agree and undertake to maintain and promptly update the Registration Information to keep it true, accurate and complete at all time.
  • You shall be responsible for all activities that occur through Your respective username and password.
  • You shall not:
    • Select a username, mobile number, email address or any other information of any other person with the intent to impersonate that person; or
    • Use a name or contact details subject to any rights of any other person without appropriate authorization
    • Use details of any other User.
  • In relation to any PII being saved or processed, the Company shall meet the requirement of Information Technology Law and shall adopt the technical and organizational measures as industry standards which are necessary to secure Your PII.
  • If the Company has the reason to believe the information/PII provided by You is incorrect, false, misleading in nature or otherwise not in accordance with the Terms and Conditions, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Website and refuse to provide access permanently for such period as the Company deems fit.
  • You agree that the Company shall not be liable for any unauthorized hacking of Website leading to leakage or misuse of PII.
  • You agree that the Company shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and Your failure to comply with these Terms and Conditions.
  • User Account
    • You shall be responsible for all activities that occur through Your account.
    • You agree that the Company shall not be liable for any unauthorized use or access of Your account.
    • You are responsible for safeguarding the password that is used to access the Website for the Products/Services. The Company encourages You to use strong Password and change the Password periodically with the account.
    • You agree that Company shall not be held liable for Your failure to comply with the abovementioned clause i.e. Clause 6.3.
    • You will be given an option to change the password for Your account on the Website in case of any loss or compromise of password.
    • You agree to take all steps necessary to protect log in details and keep them secret, and not give login details to anyone else or allow anyone else to use Your login details or account. The Company shall not have any responsibility for the consequence of failure in case you fail to abide by the abovementioned clause and further agree to fully compensate the Company for any losses or harm that may result. Furthermore, the Company shall not be responsible for any loss that You may suffer as a result of unauthorized access to your accounts and/or use of the Services, and the Company accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
  • Third Party Sites, Services
    • User agrees and acknowledges that the Company may facilitate provisions of third-party services for the User within the Website or redirect the User to such third-party platform and/or website for facilitating purchase of the Products. In order to use these third-party services, User may need to accept additional terms and conditions and meet additional requirements as specified on the third party website.
    • The Company does not exercise control over any third party websites and does not warrant any use thereof. User agrees that the Company is not responsible or liable in any way with respect to the contents of the third-party websites.
    • User shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties. Any questions, complaints or claims related to any third party services should be directed to the appropriate third party.
    • User interaction with any third party accessed through the Website is at the User’s risk, and the Company shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from User interactions with the third party.
  • Intellectual Property Rights
    • For the purpose of these Terms, Intellectual Property shall mean as defined in Clause 1.1.2.
    • All the Intellectual Property Rights, including but not limited to, trademarks and logos, with respect to the Products, Services and Website, vest with Ms. Sapna Lohia, who has granted the Company the license to use such Intellectual Property with respect to the Products, Services and Website.
    • You acknowledge and agree that all Intellectual Property Rights including but not limited to trademarks and logos with respect to the Products, Services and Website, graphics, and programming code thereto, description, photographs, etc. created for the User, shall vest with Ms. Sapna Lohia and You shall not indulge in any act that construes that such Intellectual Property Rights belongs to You.
    • The Company grants You a limited, revocable and non-exclusive license to access and make personal use of the Website and Services.
    • Access or use of Website does not confer and shall not be construed as conferring upon anyone the license to use the Intellectual Property Rights with respect to the Products, Services and Website.
    • You agree and acknowledge that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Product and/or Service.
    • You agree and acknowledge that You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Product.
    • You agree and acknowledge that You shall not use the Website or its contents for any commercial purpose or make any speculative, false, or fraudulent transaction, that is to say that the User shall not misrepresent its relationship with the Company.
    • Company at its sole discretion reserves the right not to facilitate acceptance of any request by the users for listing, display or offering any Products and services through the website without assigning any reason thereof. Any contract to provide any service by the Company is not complete until the entire consideration towards the service is received by Company.
  • Communication Policy
    • By making use of the Website, and furnishing your personal/contact details (PII), You hereby agree that You are interested in the Services, offers, campaigns etc. that the Company or any other third party may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
    • You hereby agree to be contacted by the Company, either electronically or through phone, to apprise You about the following, including but not limited to,:
      • any ongoing offers, discounts;
      • Your shipment information;
      • to understand Your interest in the Products available;
      • to complete your application for the Services; and
      • to assist You for customer servicing.
    • You agree and consent to receive communications relating to all of the above on your phone/mobile number/email address provided by you on the Website and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.
    • You will indemnify and hold harmless the Company and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which the Company or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
      • misuse by You or improper or fraudulent information provided by You; and
      • incorrect number/email or a number/email that belongs to an unrelated third party provided by You.
    • You agree to receive communications through e-mails, telephone and/or SMS, from the Company or third parties. You also agree that the Company reserves the right to make Your details available to vendors, service providers, business partners, agents or any other third party in conjunction with our Privacy Policy and that You may be contacted by such partners and/or the third party for information through email, telephone and/or SMS.
  • Representation and Warranties
    • User agrees to not post, submit, upload, distribute, or otherwise transit or make available any software or other computer files, via email, review post or any other form of communication available on the Website, that contain a virus or other harmful component, or otherwise impair or damage Website or any connected network, or otherwise interfere with any person or entity’s or Users use or enjoyment of the Website.
    • User will not engage in any form of antisocial, disrupting, or destructive acts, including but not limited to flaming, spamming, flooding, trolling and phishing as those terms are commonly understood and used on the internet, via review post or any other form of communication available on the Website.
  • Limitation of Liability and Indemnity
    • In no event shall the Company or its directors, employees, associates, partners, or suppliers will be liable to User for any loss or damage that may cause or arise from or in relation to these Terms and Conditions or due to use of this Website.
    • User agrees to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Website (ii) non-performance and/or non- observance of the duties and obligations under these terms and conditions or due to User’s acts or omissions (iii) any act, neglect, misconduct or fraud on User’s part.
    • User warrants that all the details and information provided by User to the Company or its directors, employees, associates, partners, or suppliers while using this Website shall be correct, accurate and genuine.
    • While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
      • Lack of authorization for any transaction/s, or
      • Any payment issues arising out of the transaction, or
      • Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by You;
      • Decline of transaction for any other reason(s)
    • Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties or fraud as regards the Products or services listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
  • DISCLAIMERS
    • YOU AGREE AND UNDERSTAND THAT ALTOUGHT THE COMPANY HAS TAKEN ALL NECESSARY STEPS AND PRECAUTION, THE WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
    • TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
    • ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS, THE COMAPNY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS.
    • THE COMPANY WILL MAKE AN EFFORT TO KEEP THE INFORMATION PROVIDED BY THE COMPANY ON THE WEBSITE INCLUDING BANK DETAILS, BRANCH DETAILS, RATE OF INTEREST UPDATED HOWEVER DOES NOT WARRANT FOR ANY DIFFERENCE NOTED AT ANY POINT IN TIME.
    • WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  • Termination
    • The Company reserves the right, in its sole and absolute discretion, to suspend or terminate Your use of the Website, including Your account on the Webiste, without notice and without liability to You or any third party, for any reason, including without limitation inactivity or violation of these Terms or other applicable policies that the Company may publish from time to time.
    • Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that the Company may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Website.
  • Force Majeure
    • If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these Terms and Conditions or those applicable specifically to its Products/Services, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, pandemic, endemic or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
  • Modification and Amendment
    • The Company reserves the right to make changes to the Website related policies and this Terms at any time as it deems fit and proper, prospectively or retrospectively including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Products, company re-organization, market practice or customer requirements without any prior intimation to User. User is requested to carefully read these Terms and Conditions from time to time before using the Website. It shall be User’s responsibility to check these Terms and Conditions periodically for changes. Upon any change, Company will notify the updated Terms on the Website or other means. The Company may require User to provide User’s direct or indirect consent to any update in a specified manner before further use of Website.
    • If no such separate consent is sought, User’s continued use of the Website/Services shall constitute acceptance of the changes and an agreement to be bound by Terms and Conditions, as amended. If User do not agree to the changes, User may choose to discontinue the use of the Website.
    • The Company reserves the right to discontinue or suspend, temporarily or permanently, the Website, at its discretion. User agrees that Company will not be liable to User in any manner whatsoever for any modification or discontinuance of the Website.
  • Dispute
    • Jurisdiction over any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with these Terms or the transactions contemplated hereby shall lie exclusively with the courts of Lucknow, Uttar Pradesh, India, and the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
  • Entire Agreement
    • These Terms and conditions, together with the other guidelines, rules, terms, conditions and/or policies of the Website, including the Privacy Policy and any other arrangement/agreement in relation the Products/Services, constitute the entire agreement between You and Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and Us pertaining to the subject matter hereof.
  • Survival
    • Notwithstanding the termination or rescission of these Terms, the provisions of these Terms shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of these Terms which by implication are to survive the termination of these Terms shall survive such termination. Termination of these Terms shall not abate the causes of action that have accrued to the Parties prior to such termination.