Terms and conditions

This documents is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.

This document is published in accordance with the provision of rule3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.globalchemicalprice.com

These terms of use ("terms") apply to all users of www.globalchemicalprice.com (the "Website").

By using this website you agree and acknowledge to be bound by these terms.

Reference in these terms to "we" or "us" or "website" or "company" are references to www.globalchemicalprice.com owned by Jay Info Chem Pvt. Ltd. and "you" as user/subscriber/customers of www.globalchemicalprice.com

This User Agreement contains rules and regulation, policies and terms and conditions and agreement applicable to any person who may access or use www.globalchemicalprice.com, including any sub domains, web pages, or extension of www.globalchemicalprice.com (Website) and you hereby agree and acknowledge to be bound by the terms of this User Agreement.

The use of www.globalchemicalprice.com and the services provided are subject to the rules and regulation, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the website and / or has registered as a subscriber of the Website by submitting identification information / registration details using the computer system of this website and accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the website.

The Company reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by globalchemicalprice.com Rules and Policies as provided from time to time.

This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or subscriber on the Website.

If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Company, its employees or associates will not be responsible in any manner for any kind of losses whatsoever occurring from such breach of secrecy of your username and password.

You agree that your sole purpose of registering or using the Website is to subscribe Chemical Industry news or blog or reports or market review reports generated by us which are specifically notified by the Company on the Website from time to time and you shall not use this Website for any other purpose including for subscription other than as mentioned above or products that are not allowed under applicable law in any manner.

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.

You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.

You understand and agree that the Company and the Website merely provide hosting services to its subscribers who subscribe the Website for our products (that are chemical industry news or blogs or reports or market review). You also give permission to the Website and the Company to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.

Currently the subscription on the Website is free for the first 1 months for all the users and the Company does not levy any charges/fees for browsing chemical industry news or blogs or reports or market reviews on the Website. However after the completion of free launch period of 1 months there shall be paid subscription and the Subscriber will be charged fees as provided in the subscription Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

All fees/ charges shall be quoted in Indian Rupees and shall be payable to Jay Infochem Pvt. Ltd within such time as specified. You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access to the Website. If you subscribe for anything on the Website, you agree to also comply with the terms and conditions set out in the Policy for subscribers incorporated herein by reference.

Subscription form - If the registered user wants to access other paid services he/she should 1st have to fill up the subscription form & fill in all personal details & agree to the terms & conditions of payment & registration.

- SMS & Email Alerts (daily prices of the chosen product)

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- SMS, Email Alerts & News of the chosen product

- SMS, Email Alerts, News, Weekly Reports

Payments for the selected package on the Website, at the option of the relevant subscriber, can be made through the Online Payment Facility or by depositing cash or crossed cheque or demand draft in the bank account of the Company;

For the purposes of subscription of selected package on the Website, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company. You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment.

In order to enable subscription to carry out transactions on the Website, the Company will in addition to other methods of payment provide an electronic payment facility. The Pay Facility enables automated collection and remittance services using the facilities like online payment gateway of axis bank, credit/ debit/ cash card brands and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Pay Facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.

The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment) may delay the time within which the Transaction Price are collected by the Company through the Pay Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors.

The Company has appointed Axis bank Ltd., a banking company incorporated under the laws of India and having its Head Office at Mumbai and it is having an office inter alia at Ahmedabad, as the nodal bank. The Company reserves the right to, at its sole discretion, replace or remove any nodal bank (Nodal Bank) without providing any intimation.

Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the account of the subscriber and the Company shall not be responsible for the same including but not limited to service charges or any other fees/ charges.

You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the Pay Facility or any other method of payment to its subscribers.

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:

• belongs to another person and to which You do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
• violates any law for the time being in force;
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person or use an anonymous proxy;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
• shall not be false, inaccurate or misleading;
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any chemical, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
• may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part)
• In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such violative information that is displayed or submitted on the Website can be removed immediately and completely.
• You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
• You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
• You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
• If you choose to provide feedback on the Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
• You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
• You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other person's business or interests on the Website unless permitted by the Company in writing.

You agree and acknowledge that

• You shall not use this Website for any purpose that is unlawful and illegal.
• You shall not try to penetrate the website and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our website
• You shall not use this website for publishing or promoting or transmitting pornographic data or child pornographic details
• You shall not carry out any web jacking attacks on this website.
• You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences' sections 65, 66, 66A,66B,66C,66D,66E,66F,67,67A,67B,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address details.
• You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages for business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention.

All Details of www.globalchemicalprice.com will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy and security guidelines.

We may choose from time to time to provide links to various third-party websites from the Website. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such websites. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content, goods or services available through such websites.

Information, reports, market reviews, news and every other feature may be added to and removed from the Service without notice. The information reports, market reviews, news and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep Materials up to date but Subscribers and Authorized Users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and Materials are provided on an 'as is' basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.

You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.

Advertisements Terms & conditions

All Advertisements accepted for online publication by Global Chemical Price ('GCP') on its website are accepted subject to these terms and conditions. Any other conditions proposed by the Advertiser shall be void unless accepted by GCP in writing.

1. The Advertiser grants GCP the right to:

            (i) Use such of the Advertiser's names, trademarks and/or logos, products list as GCP may consider necessary for the purposes of publishing the Advertisements;
2. All Advertisements are accepted subject to space being available in the website.
3. If an Advertisement links to another site, the Advertiser is responsible for maintaining the link and for the content of the linked site.GCP may remove any Advertisement which contains content or links to a site which, in GCP’s opinion, is defamatory or objectionable or will bring GCP into disrepute. The Advertiser will indemnify GCP from and against any claims or liability arising from links contained in an Advertisement.
4.  Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the relevant GCP Site. 
5. If an Advertisement is supplied which does not comply with these terms and conditions or GCP receives complaints regarding an Advertisement, GCP may, at its discretion, remove the Advertisement from display without reference or liability to the Advertiser. GCP reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Advertiser if it reasonably believes that the Advertisement may make GCP or the Advertiser liable to any complaint, claim or proceedings.
6.  If GCP makes an error in displaying any Advertisement then GCP shall not be liable for failure to display the Advertisement caused by circumstances outside their control.
7. GCP reserves the right to increase advertisement rates at any time or to amend the terms of contract as regards space or frequency of insertion.
8. GCP  Ltd. does not accept responsibility for any loss or damage caused by:   
      (a) an error, inaccuracy or omission in the publication of the advertisement:
      (b) for any failure to publish an advertisement on the date or dates specified by the Advertiser:
      (c) for the publication of an advertisement on the date or dates specified by the Advertiser whether the actual date be earlier or later than the date or dates specified: and/or in respect of any loss or damage alleged to have arisen through delay in forwarding or omission to forward replies to the Advertiser, however caused.
9. GCP  reserves the right to omit, suspend, or change the position of any advertisement, even if it has already been accepted for publication
10. GCP reserves the right to make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval and the advertiser will be notified by email of any required changes.
11. The Advertiser shall be responsible for checking an advertisement on each occasion that it is published.
12. GCP does not guarantee the advertisers regarding the number of viewers of the advertisements, or any sort of profit generation or increase in the business inquiries owing to the advertisement placed.

Intellectual Property Rights

All intellectual property rights and other rights in the Service and Materials (in both machine readable and printed form) belong to us or their respective third-party licensors. Authorized Users and Subscribers acquire no proprietary interest in the Service or Materials and except as expressly permitted by these terms and conditions and may not use the Service or the Materials in any way that infringes the intellectual property rights in them.

Authorized Users and Subscribers may not obscure or remove any copyright notices that appear on Materials printed from the Service.

Any derived values, calculations or reports created using our Data must be declared to and authorized by us, prior to being implemented or used by the subscriber. The content, organization, graphics, design, style, Interface, compilation, digital conversion and every other matters related to the Site are protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. "www.globalchemicalprice.com.com" and other marks are either trademarks or registered trademarks of Jay InfoChem Pvt. Ltd.

Other products/services, company names, brand names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by user of any such matters or any part of the site except as allowed by this agreement are strictly prohibited. You agree and acknowledge that you do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site by www.globalchemicalprice.com does not constitute a waiver of any rights in such information and materials.

License

Authorized Users and Subscribers may use the Service and the Materials that appear on it from time to time for their own private or business research, and for this purpose may:

• display the Materials on screen;
• make printouts of items included in the Materials using the printing commands contained in the Service;
• download and store in machine readable a single copy of insubstantial portions of the Materials primarily for one person's exclusive use.

Availability, Accuracy and Consistency of Information
We shall use all reasonable endeavors to ensure that the Service is provided at the times stated in the website throughout the year. However we reserve the right to withdraw the Service temporarily for the purpose of carrying out repairs, modifications or correction to its equipment provided that we shall Endeavour to minimize interference to the Service.
While we have no reason to believe that there are any inaccuracies or defects in the Data, it makes no representations or warranties express or implied including but not limited to fitness of the Data for any purpose whatsoever. Save to the extent provided in clause below, the subscriber shall be entirely liable for activities which it, or any third parties, conduct in connection with Data.
Restrictions
Users and Subscribers may not:

• make multiple printouts or copies of Materials for distribution to Unauthorized Persons;
• re-sell the Service or any part of the Materials to others;
• make the Service or any Materials available to Unauthorized Persons on any network;
• abstract, download, store, reproduce, transmit, display, copy, distribute or use the Materials other than as permitted;
• decompile, disassemble or reverse engineer any of the computers, software programs, databases or other systems used by us to provide the Service;
• use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users

Termination of services
This Agreement shall commence on the Start Date stated in the activation email and shall continue until the end date, typically 12 months from the Start Date, unless specified in the activation email or terminated early.
No less than 30 days prior to the expiration of the initial, or any renewal term, we shall notify the Subscriber of the approaching expiration date as well as changes to the Services which shall apply to the renewal term. In the event that the parties agree to renew this Agreement, such renewal shall be in accordance with the terms set out in the revised Schedule agreed between the parties.
We may terminate this Agreement if we wish to cease to operate the Service by giving the Customer thirty (30) days e-notice expiring at any time subject to a refund for the remainder of the Subscription Period on a pro rata basis of the Subscription Fee already paid by the subscriber.
If, at any time, we have reasonable grounds to believe that the Customer is not using the Data in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the subscription confirmation, we may suspend the provision of the Service to the Customer. You agree and acknowledge that we shall have no obligation to reinstate the Service until a user list has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to the Customer by such a suspension of the Service. The Customer will not be entitled to any refund of money paid within this subscription period. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the subscriber will be entitled to receive and missing Data accumulated during the suspension period. On expiry or termination of this Agreement for whatever reason the subscriber shall cease all use of the Data immediately.
Limited liability clause
You agree and acknowledge that in no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, the Pay Facility, or any other services under this User Agreement. Further, The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Pay Facility will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Pay Facility.
Breach
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit, particularly in the event:

• You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
• Failure of verification or authentication of any information provided by you;

No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against me.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the Website, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer at admin@globalchemicalprice.com and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
General
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to admin@globalchemicalprice.com and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
Arbitration Process
If any dispute arises between you and the Company during your use of the Website or the Pay Facility or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Laws
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Assignment
This Agreement may not be assigned or sublet by the subscriber without the prior written consent of us.
Entire Agreement
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The subscriber acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
Waiver
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
Heading
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
Force majeure
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.