PREAMBLE AND DEFINITIONS
This site is owned' managed and operated by Oneup Ventures Private Limited (hereinafter referred to as "Oneup Ventures" "we" "us" "our"). At www.little1.in' (hereinafter referred to as "Website") we want to make the experience online satisfying and safe. We respect the privacy of each and every person and are committed to protecting personal information of the Users.
ACCEPTANCE OF TERMS
USE OF INFORMATION
The Website uses any information voluntarily given by the Users to enhance their experience, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of the Users.
The Website will not disclose any information about any individual User except to comply with applicable laws or valid legal processes or to protect the personal safety of the Users or of the general public.
The Website will make use of the User's facebook information to provide products and services most suitable to the User. In order to keep such facebook applications fully functional, the Website may, from time to time, provide User information to the application. Provided that, no information will be provided without the permission of the User.
The Website will use the information gathered primarily for providing products and services as explained in detail in the Terms of Service. In other instances, non-personal information collected may be used for statistical analysis, improvement of services, and customization of the Website design, content layout and services.
FOR CREATION OF PROFILES
We may collect information about the User to create a user ID, such as a user name and password. This process will allow the User to manage their profile and/or account and use all the services provided by the Website from time to time as well as order products as the case may be.
Online access to the User's personal information is protected with a password you select. The Website strongly recommends that you do not disclose your password to anyone. We will not share the Users' password for use in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or E-mail messages). The User will be solely responsible for all activities that occur under Users profile.
The user ID might require information such as name, address, telephone number, mobile number, date of birth, e-mail address, gender, and other pertinent data that will be used by the provider. Any account created using the facebook profile shall be accessed using all relevant information that the User has provided to facebook. The User shall however have the option of publishing the files and pictures collected on the Website to facebook and the Website shall not be liable for any breach in Privacy after such publishing has been done by the User.
USE OF E-MAIL ADDRESS AND MOBILE NUMBER
Note: This list of usage and sharing of information is NOT EXCLUSIVE, but of the same. We reserve all rights to extend this list as and when required.
For Products or Services: We may make use of any information provided by you for delivery of Services. We may also share such information with our employees, associates or any third party who is involved in the process of providing service or product to you.
For Payment: We may use and share the User information with the payment gateways to whom we are associated in order to ensure swift and comfortable payment mechanism for the User.
Business Associates: We may contract with outside businesses to provide to or receive from them, some services. For example, we may use the services of shipping or collection agencies. Under such contracts, we may share information on a need to know basis with them to help them assist the Users better. These contracts require businesses to protect the User information that we share with them.
As Required By Law: We will share user information when required to do so by laws, regulations, rules, bye-laws or any statute of India and in particular, the city of Kolkata.
Quality Assurance: We may use and share information with professionals either employed by us and/or contracted by us and/or with a third party agency charged with the responsibility of auditing their Service Delivery for Quality and those entrusted with the responsibility of ensuring Quality.
SHARING OF THE INFORMATION
The Website uses User information to tailor their services and products available on the Website to suit the Users needs. The Website will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
In the event that the User has chosen to use facebook as a medium of access, certain information may be disclosed to facebook to ensure that the application is fully functional. This information will only be disclosed upon the consent of the User.
This Website is originally intended for users that are above the age of 18 years. If a child below such age wishes to access the Website he/she would have access to all the services provided therein. Parental guidance is therefore strictly recommended.
EXCLUSION OF WARRANTIES
NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT THE USERS' PERSONAL INFORMATION FROM UNAUTHORIZED ACCESS, USE OR DISCLOSURE, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION THE USER TRANSMITS ON THE WEB SITE.
THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY EMPLOYEES/AGENTS/CONTRACTORS OF THE WEBSITE AND WHILE WE ENDEAVOUR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT
THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE THE USER PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY AT THE USERS OWN RISK.
IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE OWN DISCRETION AND RISK AND THE WEBSITE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO USER, COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
REASONABLE EFFORT IS MADE TO KEEP THE WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND THEIR CONTROL.
THE WEBSITE UTILIZES THE LATEST TECHNOLOGIES TO DELIVER ITS SERVICES. WHILE REASONABLE CARE IS TAKEN TO ENSURE SECURITY AND SAFETY OF THE USERS' INFORMATION, GIVEN THE NATURE OF INTERNET MEDIUM AND ITS INHERENT VULNERABILITIES, WE DO NOT GUARANTEE ABSOLUTE AND COMPLETE SECURITY.
This Policy is restricted to the use of the Website. Any external link accessed from the Website shall not be governed by this Policy and we shall not be liable for any breach in privacy of users resulting from the use of an external website.
When the User interacts on the Website, all information, including but not restricted to the payment related details, is transmitted through completely secure lines.
The Website does not sell or rent out the Users' personal information to third parties. We do not share the Users' information with third parties for purposes other than that of providing the services as mentioned in this policy document read with the Terms and Services of the Website. The Website is operated via secure data networks protected by standard firewall and password protection systems.
Our security and privacy policies are periodically revived and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
Users further acknowledge that the services may contain information which is designated confidential by the Website and that the User shall not disclose such information without our prior written consent.
RIGHTS OF USER
We value the User's privacy and will reasonably endeavor to protect all the User information. The Website creates a record of the products and services the Users receive through the Website in order to give the User complete and comprehensive care.
The User has the following rights regarding the information that the Website maintains:
Right to Inspect and To Receive Copies: The User has the right to view and receive copies of the information shared by them. While this would be available in the Users' account for a pre-specified period of time, the Website may charge a fee for the costs of processing the Users request, post the expiry of this period.
Right to Amend: If the User thinks that any information provided to the Website by them is incorrect or incomplete, the User reserves the right to change the record themselves by logging into the User account or by asking for an amendment to the record.
CHANGES AND MODIFICATIONS
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice at any time. Modifications shall become effective immediately upon being posted at the Website. The User's continued use of the Website after such amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications
SURVIVAL OF POLICY
The Terms & conditions as recorded in the Terms of Service and they shall be deemed to be a part hereof and incorporated herein by reference and shall be wholly and mutually accepted by the User.
If the User thinks that their privacy rights have been violated, a complaint may be filed with the designated authority at Oneup Ventures. Oneup Ventures will not entertain any request of the User unless the appropriate process in respect of such complaint has first been followed.
Other uses and disclosures of information not covered by this Policy, or by other laws that apply to the Website, will be made only with the Users' written permission. If the User gives permission to use or share their personal information, they may cancel that permission, in writing, at any time. If the User cancels permission, we will no longer use or share the information for the reasons covered in the said written permission. The User understands however, that we cannot reverse any disclosures which have already made with the Users' permission.
TERMS OF SERVICE
1.1. Your (which term shall be used interchangeably in this document with "user" and "you") use of www.little1.in (henceforth "website", "us", "we", "our"), an online service owned, managed and operated by Oneup Ventures Private Limited which provides various services to the members including personalised articles suitable as gifts for children as well as adults (referred to as "product" or "service" as the case maybe in this document and excluding any products/services provided to you by us under a separate written agreement) is subject to the terms (henceforth known as "Agreement") given below, without prejudice to any additional terms which may be part of an agreement specific to the product/service you wish to avail. Your agreement with the website will always include, at a minimum, the terms and conditions set out in this document.
1.2. The website also allows users to locate pediatricians in their city. Such list of pediatricians and their details are provided by the Indian Academy of Pediatrics (IAP), and is exhaustive in nature. The IAP has also provided an immunization chart which is uploaded on the website for user's reference.
1.3. We may modify this Agreement at any time without notification to the users.
2. Accepting the Terms
2.1. We shall interact with customers/clients through a form on our website. By clicking a button or a checkbox on the website where this option is made available to you, you accept and agree to the terms set forth by this Agreement.
2.2. In order to avail the services offered by the website, you must first agree to the terms and conditions laid down in this Agreement. You may not use the website if you do not accept the terms and conditions laid down in this Agreement.
2.3. We retain the right to deny access to anyone at any time including for reasons that we believe such person has violated any of the terms of this Agreement.
3. Provision of the Products and Services by the Website
3.1. We will attempt to continuously innovate in order to provide the best possible products and services for you. You acknowledge and agree that the form and nature of these products and services may change from time to time.
3.2. You acknowledge and agree that if we disable access to your account or login route, you may be prevented from accessing your account details, files or other content which is contained in your account.
3.3. You acknowledge and agree that while we may not currently limit your use of the website, we may do so if that use hinders with our ability to carry on operations or the ability of other customers to use the website.
3.4. The supply and delivery of the products will be subject to your making payments as stated in the contract for the service. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, our liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. You agree that we cannot be made liable or called on to repay any amount paid towards any completed transaction.
3.5. You understand that we shall not be responsible for any loss caused by modification of the features, limitation of use of the products and services or the discontinuation of product or service altogether.
4. Use of the Website by You
4.1. In order to avail a certain product or, you may be required to provide information about yourself along with relevant documents or photographs so as to enable the personalisaton of the product.
4.2. You agree to use the website only for your personal, non-commercial use and for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or guidelines.
4.3. You agree that you will not engage in any activity that interferes with or disrupts the website (or the servers and networks which are connected to the same).
4.4. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, transfer, sell, trade or resell the products for any purpose.
4.5. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the terms and for the consequences (including any loss or damage which we may suffer) arising out of such breach.
4.6. We offer free limited storage from time to time of images and other relevant files to the users. However, we reserve the right to change this policy at any time by an amendment to this Agreement. In such event, we reserve the absolute right to delete any and all images stored in your account.
4.7. We shall not be liable for damages due to any loss of data occurring as a result of your failure to maintain a backup copy of any images that are uploaded to the website.
4.8. You agree that any information provided by you in the form of e-mails and suggestions may be stored by us for our records and internal purposes.
4.9. We reserve the absolute right to modify any images submitted by you to the Site, as a part of the upload process.
4.10. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any information or material contained on the website, or in any way reproduce or circumvent the navigational structure or presentation of the website or any information and materials, to obtain or attempt to obtain any information through any means not purposely made available on the website.
4.11. The Website offers the Users an option of signing up through Facebook. Upon such signup, our servers gain access to information about you from Facebook, including but not limited to your profile, birth-date, name, gender, photos, and friend lists. This data is then analyzed and rendered to you in accordance with the products and services that suit your purpose and design.
4.12. We do not collect or have access to Facebook usernames and passwords. However, we store your Facebook user id (which is numerical) to associate your Facebook profile with relevant information used to process the data that the Website requires.
4.13. Any images that are selected by you for use by are uploaded on our servers and remain private to you only and are unavailable publicly until you post them to your Facebook wall/profile/feed. You understand that any information which is required for the Facebook app to continue functioning without errors, certain information provided by you may be disclosed to Facebook. However, no information will be disclosed without informing the User of such disclosure.
4.14. You agree and acknowledge that any information provided by you may be disclosed by us if required by law to do so or if such disclosure is in public interest.
5. Your Passwords and Account Security
5.1. You agree and understand that you are responsible to the website and to third parties for (a) maintaining the confidentiality of passwords associated with any account you use to avail the product or service and (b) any use of the website by the username and password provided to you.
5.2. You agree to ensure that you exit from your account at the end of each session and that the activities from your account shall be treated as carried out by you.
5.3. You acknowledge and agree that you will be solely responsible for all activities that occur under your account.
5.5. Please note that if you choose to post a hyperlink of your content on your own or other's websites, or you share such content with your friends or family members and they post your share invitation on a website or forward it to other individuals, these pictures may be accessible to others who view the email invitation or visit these websites. We will therefore not be liable for any publication of such content.
5.6. We will not and cannot be held liable for any loss or damage arising from your failure to comply with the conditions set out in this document.
5.7. You agree that we reserve the right not to accept a user from registering on the website at our sole discretion and without assigning any reason thereof.
5.8. The Website uses personal information for purposes of administering and expanding its business activities, providing customer service and making available other products and services to its customers and prospective customers. Occasionally, we may also use the information collected to notify you about important changes to the Site and new services and special offers that we feel you may find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the e-mail address provided on our Contact us Page.
6. Products and Services
6.1. You understand that all information (such as data files, written text, computer software, or images etc) which you may upload to as part of, or to avail the products or services of the website are your sole responsibility.
6.2. You should be aware that the products supplied to you are protected by intellectual property rights which are owned by the website, or the sponsors or advertisers who provide that content to the website (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, transfer, distribute, copy or create derivative work based on such content (either in whole or in part) unless you have been specifically permitted to do so.
6.3. You agree that the services provided by the website are based upon the information provided by the user. The website shall not be held liable for any error occurring due to error in information provided by the user.
6.4. Any content being uploaded by the user in for the purpose of availing the products of the website shall be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and/or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action in such cases.
6.5. You agree that you are solely responsible for any content that you provide to the website for availing of products and services or for the consequences of your actions by doing so.
6.6. You understand that by using the website you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the website at your own risk.
6.7. The products and services offered on the website are for the sole purpose of enabling you to use and enjoy the benefit of the same. You are not entitled to profit or commercially exploit, either directly or by sale or transfer, from the products.
7. Shipping and Delivery Policy
7.1. You agree that you shall have no claims against the website regarding the quality of any product purchased by you so long as the product in question is an accurate depiction of the image selected by you, on the medium selected by you.
7.2. The website may have the option of shipping certain selected goods at the terms provided therein. You understand that we may use a mode of shipping of the product that is convenient to us and such mode may vary from time to time without any prior information provided to the user.
7.3. You acknowledge that a period of fifteen (15) days may be required for the delivery of any products ordered from the website. The website shall not, in any manner whatsoever, be responsible for any delay in delivery that may occur due to reasons which are beyond the control of the website or the delivery mechanism.
7.4. You agree that in the case of certain products, the time period required for delivery may be longer that fifteen (15) days and the website will provide such information at the time of placing order of the said product.
7.5. You further acknowledge that no order shall be considered confirmed until such confirmation is communicated to you via e-mail by us.
8. Payment Policy
8.1. You agree to render payment for any goods or services purchased from the website in accordance with the terms hereof and the payment option chosen by you.
8.2. You represent and warrant that if you are purchasing something from the website, (i) all information that you furnish upon choosing your preferred mode of payment shall be true and complete, (ii ) charges incurred for payment will be honored by you/your credit card company/your bank or any other source (as the case may be) based upon the mode of payment chosen by you and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
9. Returns and Refunds Policy
9.1. You acknowledge that complaints or requests for refund or return of the product must be communicated to us within a reasonable period of placing the order, in the event of non-delivery, or within fifteen (15) days of delivery of the order, in the event of a defect in the delivered product.
9.2. You acknowledge that the products can only be returned in substantially the same condition in which they were delivered to you. Any harm caused to the product after delivery shall make it ineligible for return.
9.3. You agree that you will be entitled to refunds only in accordance with the Agreement hereof.
9.4. The website will refund to you your purchase price within forty five (45) days of your written notification of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. You may request a refund by contacting us via email.
9.5. We do not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We further do not represent or warrant that the information available on the website shall be error free or completely accurate, timely or otherwise reliable.
10. Intellectual Property rights
10.1. You acknowledge and agree that the website (or the website's owner) owns all legal rights, titles and interests in and to the products, including any intellectual property rights which subsist in the products or services offered (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
10.2. You further acknowledge that the website may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
10.3. Unless otherwise agreed in writing, nothing in the terms gives you a right to use any of the website's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the website, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or the authorized user of such marks, names or logos.
11. Ending Your Relationship with the website
11.1. These terms shall continue to apply until terminated, either by you or by us, as set out below.
11.2. We may, at any time, terminate its legal agreement with you if:
a) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); or
b) we are required to do so by law (for example, where the product being sold to you becomes unlawful)
11.3. When these terms come to an end, all of the legal rights, obligations and liabilities that you and us are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
12. Third Party Content.
12.1. Third party content and materials may appear on the website or may be accessible via hyperlinks from the website. We are not responsible for and assume no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content and materials appearing on the website or accessible via hyperlinks from the website.
12.3. The data provided on our site regarding various service providers in different cities is an effort to help the users of Little1 gain information on them and their service. Though at Little1 we would practice care to provide the correct information however there could be some information that is out dated or factually incorrect. Little1 does not take the responsibility of any loss, direct or otherwise, caused due to the wrong information mentioned here in the website. Users are requested to double check the details and correctness of the data with their own trusted source before making any decision.
13. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action that we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your account profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold the website and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the website.
Your right to use the website is not transferable or assignable. Any password or right given to you to obtain information or documents or any other access to the Site is not transferable or assignable.
THE CONTENT AND MATERIAL FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM ERROR, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE WEBSITE AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN THIS AGREEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE WEBSITE AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE WEBSITE AND YOU. THIS WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS, CONTENT AND MATERIALS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
17.1 The website and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the website or any services or products obtainable therefrom; (b) the unavailability or interruption of the website or any features thereof; (c) your use of the website; (d) the content and materials contained on the website; or (e) any delay or failure in performance beyond the control the website or any Affiliated Party.
17.2 THE AGGREGATE LIABILITY OF THE WEBSITE AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED RUPEES TEN THOUSAND ONLY (INR 10,000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE WEBSITE AND ANY AFFILIATED PARTY.
18.1 You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and the content and materials provided therein.
18.2 This Agreement shall be treated as though it were executed and performed in Kolkata, India, and shall be governed by and construed in accordance with the laws of the Republic of India.
18.3 The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
18.4 Failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The website's rights under this Agreement shall survive any termination or modification of this Agreement.
18.5 We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
18.6 Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996.
18.7 Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
18.8 The arbitration shall be conducted in Kolkata, India, and judgment on the arbitration award may be entered into any court having jurisdiction. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Kolkata, India necessary to protect the rights or property of the parties pending the completion of arbitration. Subject to the foregoing, the courts of Kolkata, India shall have jurisdiction over any dispute arising hereunder.