TERMS OF USE

Please read these Terms of Use/Terms and Conditions carefully before using www.sendeasy.in website and SendEasy Mobile Application (Hereinafter referred as Services), owned by parent company Sendizza Logistics Pvt. Ltd (“Company”, “We” or “Us” or “Our”). These Terms of Use govern the use by You of our applications, websites, content, products and services.

This electronic agreement formed under the Information Technology Act, 2000, sets forth the legally binding terms and conditions for your use of the Services. It does not require any physical or digital signature. By downloading, browsing, accessing or using the service/services in any manner, including, but not limited to, you agree to be bound by this agreement.

If you disagree with any of these Terms of Use, you must immediately discontinue your access to all the Services provided by us. Continued use of the Services will constitute acceptance of these Terms of Use.

We reserve the sole right to either modify or discontinue the Services, including any of the features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services shall also be subject to these Terms of Use.

DEFINITIONS

In these Terms of Use, the following terms shall have the following meanings, except where the context requires otherwise:

"Register" means to create an Account on the SendEasy Mobile Application and "Registration" means the act of creating such an Account.

"Account" means an account created by a User on the Mobile Application as part of Registration.

"Services" means all the services provided by Sendizza Logistics Pvt. Ltd. via the SendEasy Mobile Application and website to Users, and "Service" means any one of them.

"Products" means any type of products sold by SendEasy via online and offline mode.

"Users" means users of the Services, including you and "User" means any one of them.

“Personal information”- Will include details such as name, phone number, alternative number, if given, address and other details.

“Non-Personal information” – Will include purchase details and purchase history.

SUMMARY OF SERVICE

SendEasy is a trader and exporter of Standardized and Customized Packaging Materials. The materials are sourced from trusted vendors.

SendEasy also has a Mobile-based Application, to cater to the first mile delivery requirements. It is an aggregator/market place of courier agencies, intra-city movement of goods, packaging materials e-commerce platform to provide core services along with value added services. We give the flexibility to choose any last mile operator to our customers. We give Recommendations based on pricing, reviews, ratings, return ratios, service quality etc.

Through the Mobile Application, social media channels, email, websites, and other media, the Company makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). By choosing the service, you as Customer (“Users”) are offering the Service providers, agencies, third parties the opportunity to enter into a contract with you. SendEasy is not a party to that agreement between the User and the Operators. All dealings are solely between Users.

SendEasy does not guarantee the authenticity of the goods couriered or ordered from third party. The Services will be rendered once the confirmation of payment is received from the third party you chose to make the payment from. We will provide the services to the best of our efforts, but SendEasy doesn’t have any control on some factors like connectivity, hence SendEasy doesn’t guarantee the availability of Services 100%. We do not borne any service related charges, which are to be borne by the Users, namely, SMS charges, merchant charges, additional fees etc.

SendEasy responsibility is limited to facilitating the pickup services.

ACCEPTANCE OF TERMS

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the website) and all other operating rules, policies, and procedures that may be published, which are incorporated by reference and may be updated on the website without notice to you. In addition, some Services offered through the Mobile Application, website or other channels may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. The Company may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.

MODIFICATION OF TERMS OF USE

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the website and its services (including, but not limited to, the availability of any feature, database, or Content) or products at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

ELIGIBILITY

Only individuals who are 18 years and above in age and can enter into legally binding contract under applicable laws can use the Services. If you are under 18 years, parental guidance is necessary and they are required to accept and acknowledge these Terms of Use. We reserve the right to refuse access to use the Services offered if it is discovered that You are under the age of 18 years.

If you are not a Resident Indian, you may access, use and avail the Services only to the extent that the laws of India permit you.

INTERNATIONAL USE

Although the content may be accessible worldwide, we make no representation that materials on this Website or Mobile Application are appropriate or available for use in locations outside India, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

ACCOUNT REGISTRATION

For Mobile Application, You may access the Services either as a registered user or a guest user, but as a condition of using certain aspects of the Services, you may be required to register with the Company and its Services and create a User profile using a “User ID” and password. We also allow you to use your Facebook profile as your login preference; however, we do not post or publish anything on your Facebook profile without your permission. Also, please note that Facebook has a standard login procedure, which you must follow as a user; SendEasy has no control over Facebook’s login procedure. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, any name or term that:

1. is the name of another person, with the intent to impersonate that person; and/or
2. is subject to any rights of another person, without appropriate authorization; and/or
3. is offensive, vulgar, or obscene

The Company reserves the right in its sole discretion to refuse registration or cancel a User ID. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your passwords. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

RULES AND CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms of Use or law. The Company and its’ services are provided only for your own personal use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Company and its Services. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

1. Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract, statute, ordinance or regulation.
2. You know is false, misleading, or inaccurate, unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another’s privacy;
3. Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
4. Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
5. Impersonates any person or entity, including any employee or representative of the Company.

Your duty while booking a courier:

1. It must not contain any letter of communication which will infringe the INDIAN POSTAL ACT. 1983. However, Cheques, Drafts, Files, Stationery, Documents, Negotiable instruments, Banking papers, L.Cs and such other documents are not barred from being sent through courier service.
2. We accept envelopes/parcels in good faith that they do not contain anything, which will infringe the Law. However the consignment should not contain any paper or documents which cannot be reconstructed in case of laws.
3. Couriers must not be of Hazardous Nature (Chemicals, Flammable Articles and Liquids) which are expressly prohibited by any transport agency.
4. We request you not to book courier for sending Cash, Jewels, Textiles, High value gift articles, Share Certificates and Travel documents. We are not liable incase of any Loss or Damage.
5. We request you to declare the value of the parcel at the time of booking. The Company has the right but not the obligation, to inspect any shipment without prior intimation to the User for checking the contents.
6. We request you to ensure that the consignment is properly packed to withstand the handling.
7. Couriers addressed to Ministry Offices and Central Government Offices in New Delhi are put in the box at the gate, due to security reasons as per the direction of the Central Government.
8. Couriers addressed to a Post Box Number cannot be delivered. Shipments are delivered only to the Receiver`s address given by the Sender.

Users may not use the Company’s Services for activities that:

1. relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law;
2. For activities that relate to transactions that: (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are by payment processors to collect payments on behalf of merchants, (e), are associated with the following Money Service Business activities: the sale of traveller’s cheques or money orders, currency exchanges or cheque cashing, or (f) provide certain credit repair or debt settlement services; (g) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (h) violate applicable laws or industry regulations regarding the sale of tobacco products, or prescription drugs and devices; (i) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.”
3. Additionally, you shall not: (a) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (c) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (d) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site. (f) enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
4. You shall not directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Service; or (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

You agree not to misuse the Service or to transmit or post any material which is illegal, defamatory, offensive, obscene, political, religious, conspiratorial, menacing in nature to anyone SendEasy reserves the right not to comment on the reasons for any of these actions. However, We and/or our respective partners/suppliers reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

DATA

Users authorize the Company to provide operators their name and contact details for the purpose of delivering the services and connecting regarding queries or updates regarding the order. Furthermore, by providing SendEasy their contact details, Users agree to receive regular updates about the future Services, promotions etc. They can always choose to deactivate reception of the notifications.

Users authorize the Company to use their Location Services in order to provide timely and better services. Users agree to receive SMS (Promotional & Transactional) from the Company.

THIRD-PARTY SITES OR LINKS

The Company may permit users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

ACCURACY OF MATERIALS

The materials appearing in SendEasy could include technical, typographical, or photographic errors. We do not warrant that any of the materials on SendEasy are accurate, complete or current. We may make changes to the materials contained in SendEasy at any time without notice. However We do not make any commitment to update the materials.

PROMOTIONS, DISCOUNTS AND COUPONS

We reserve the right to offer any discounts/promotional offers to any Users and shall not be held liable to any User for not offering the same. The discounts/offers are subject to change / amendment / modification / discontinue from time to time. The participation in promotions is entirely voluntary and it is understood, that the participation by the User shall be deemed to have been made on a voluntary basis.

INTELLECTUAL PROPERTY

• All custom graphics, icons, logos, and service names used are registered trademarks, service marks, and/or artwork held under copyright of the Company or its Affiliates. All other marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name or trade names of the Company or its Affiliates.
• We will not hesitate to take legal action against any unauthorised usage of our Intellectual Properties to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
• The Company reserves the right to ban repeat infringers of Intellectual property from using the Services.

COMPLETION OF SERVICES

For Couriers: The Company does not oversee the performance or punctuality of final deliveries, neither does it guarantee the completion of the deliveries. The responsibility of delivering the last mile services solely lies with the operator. Users agree to not hold the Company responsible for any of their dissatisfaction related to the services offered and must deal with the operator directly. Users, by availing the Services of SendEasy, are assumed to have understood that completion of orders run the risk of getting delayed or not completed. If the Location of Delivery is Unserviceable by the chosen Courier partner, SendEasy will communicate the same to the Users and the documents / parcels will then be couriered through another delivery partner mutually decided.

For Packaging Materials ordered through SendEasy, the Company sources the materials from trusted Vendors and make sure to provide genuine and defective free products to the best of their capabilities. The Company makes every effort to display and communicate the details of the materials as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

We do not operate on Sundays and other Public holidays.

Users release the Company, its websites, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Services.

E-Way Bill Compliance

E-Way Bill is an Electronic Way bill for movement of goods to be generated on the e-Way Bill Portal. E-way bill must be generated when there is a movement of goods of more than Rs 50,000 in value to or from a Registered Person. A Registered person or the transporter may choose to generate and carry e-way bill even if the value of goods is less than Rs 50,000. Unregistered persons are also required to generate e-Way Bill. However, where a supply is made by an unregistered person to a registered person, the receiver will have to ensure all the compliances are met as if they were the supplier. Transporters carrying goods by road, air, rail, etc. also need to generate e-Way Bill if the supplier has not generated an e-Way Bill. E-Way Bill can be generated on the e-Way Bill Portal for which the link is https://ewaybillgst.gov.in/. The pre-requisite for generation of e-way bill is that the person who generates e-way bill should be a registered person on GST portal and he should register in the e-way bill portal. If the transporter is not registered person under GST it is mandatory for him to get enrolled on e-waybill portal before generation of the e-way bill. The documents such as tax invoice or bill of sale or delivery challan and Transporter’s Id, who is transporting the goods with transporter document number or the vehicle number in which the goods are transported, must be available with the person who is generating the e-way bill.

OPTIONAL SERVICES

Premium Service: Our premium service will help Users to get extra and speedy services.

Insurance: If loss prevention is a concern for you, purchasing insurance can be a solution. It is available while booking a shipment on the declared value of your parcel at an additional cost. Insurance cost and the terms and conditions of the third party Insurance provider will apply.

Customized Packaging: We provide Custom printed Packaging Materials as per the requirement. However, it has an increased lead time and the same will be communicated while order booking. SendEasy, will not be liable incase of delay in the order completion due to uncertain factors.

PAYMENT DETAILS

By using the Services, the Users agree to provide their name, email address, phone number, billing and shipping addresses to the concerned party. They also agree to provide the authorized online payment gateway of SendEasy, Razorpay, necessary & required details of their credit and debit cards, UPI and Banking details, mobile wallets etc . for making an online payment, or the accurate address for cash/cheque pick up to SendEasy’s offline collection vendors. Users agree to have sufficient funds or credit during making a payment towards the Services. Users are informed that their credit and debit card related details are not provided to the Company by the online payment gateway & remain confidential.

SERVICE CHARGES

We levy shipment charges as per the respective operators policies to charge the higher of actual or volumetric weight, and the prices quoted are based on the suggested weight. Incase of online payments, the courier will be re-weighed and re-measured by the Company, if found to be heavier, the under collected amount will have to be paid by the User in order to process it further and vice versa. All the prices are inclusive of fuel charges, service charges and GST. However, duties, customs, storage charges or additional taxes are to be borne by the User. We charge 100% invoice amount in advance and refund payment within 7 working days subject to fulfilment of company’s terms & conditions.

The Company will not be held liable for any payment fraud that occurs on its Mobile Application or website. You must only use credit/debit cards, Internet banking, mobile wallets that you are legally entitled to use while making payments. The liability of making fraudulent transaction lies with you and the responsibility to establish otherwise shall lie exclusively.

CANCELLATIONS & REFUNDS

Kindly visit: Cancellation

SUSPENSION AND TERMINATION

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Services with or without notice, which may result in the forfeiture and destruction of all information associated with your account for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities.

If you wish to terminate your account, you may do so by following the instructions mentioned in the User account. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

WARRANTY DISCLAIMER

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access the Services; what Content Users access through the Services; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves. You release the Company from all liability for your having acquired or not acquired Content through the Services. The website or mobile application may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (a) cancel, reject, interrupt, remove, or suspend an order; (b) remove, edit, or modify any Content and (c) remove or block any User. The Company reserves the right not to comment on the reasons for any of these actions.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements; or (e) that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or facilities. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Mobile Application, website or any website linked to SendEasy. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed, or otherwise connected with your use of the Service.

For any cancellation / refund / return / replacement / quality related dispute kindly contact your respective sender or seller. The Company will not be liable for any loss or damage arising from your failure to comply with this clause.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

LIMITATION OF LIABILITY

In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and (b) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination) and (c) for any loss, miss-delivery, delay or damage to any article/things/documents sent and (d) for any loss arising due to confiscation of shipments by any Government Agencies due to lack of proper documents.

You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless the Company, its Services, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service and Content, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defences.

DISPUTE BETWEEN USERS AND OPERATORS

The Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with the use of Services. You release the Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.

INTEGRATION AND SEVERABILITY

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT

By using the Services, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, promotions or other information in connection with the Services (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the website.

CONTENT AND LICENSE

You agree that the Mobile Application and Website contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants to each User a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

GOVERNING LAW

This agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of law principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

MISCELLANEOUS

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.