TERMS OF SERVICE
WELCOME TO
BHRAMMA
We, BHRAMMAGS INDIA PRIVATE
LIMITED, a Private Limited Company Registered
under the provisions of the Companies Act, 2013 and having its registered
office at No: 18, Ground Floor, David Street,
Jeruslem Nagar, West Tambaram, Chennai - 600045, Tamil Nadu, India, hereinafter referred
to as the “Company” (where such expression shall, unless repugnant to the context
thereof, be deemed to include its respective legal heirs, representatives,
administrators, permitted successors and assigns).
The Company ensures steady commitment
to your usage of the Platform and privacy with regard to the protection of your
invaluable information. This document contains information about the Website https://bhramma.in/
and
mobile application for Android and IOS “Bhramma” hereinafter referred to as the “Platform”).
For the purpose of these Terms of Use (“Terms”), wherever the context so
requires,
a.
“We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Company, as the
context so requires.
b.
“You”, “Your”, “Yourself”, “User”, shall
mean and refer to natural and legal individuals who use the Platform and who is
competent to enter into binding contracts, as per Indian laws.
c.
“Services” shall refer to an online platform which
shall act as digital marketplace connecting the sellers of varied products
including but not limited to phones, watches, tablets, laptops, footwear,
desktops, toys and watch components. The
detailed explanation shall be provided in Clause 3 of these Terms of Use.
d.
“Products”
shall refer to phones, watches, tablets, laptops,
footwear, desktops, toys and watch components and any and all other products displayed
on the Platform for sale.
e.
“Third
Parties” refer to any Application, Company or individual apart
from the User, and the creator of this Platform. It shall include such payment
gateways as partnered by the Company.
f.
The term “Platform” refers to the Website and mobile Application created by
the Company which provides the Client to avail services of the Company through
the use of the platform.
h.
The term “Seller/Vendors/Manufacturer”
shall refer to the sellers of the products who are listing their products for
sale on the Platform.
i.
The
headings of each section in these Terms are only for the purpose of organizing
the various provisions under these Terms in an orderly manner and shall not be
used by either Party to interpret the provisions contained herein in any
manner. Further, it is specifically agreed to by the Parties that the headings
shall have no legal or contractual value.
j.
The use of
this Platform by the Users is solely governed by these Terms as well as the
Privacy Policy and other policies as listed on the Platform, and
any modifications or amendments made thereto by the Company, from time to time,
at its sole discretion. Whenever a change is made to the
Terms of Service or privacy Policy, the Users will be notified to either
agree/disagree to the change implemented on the Platform by the Company,
agreeing to which the Users can continue accessing the platform. The
User expressly agrees and acknowledges that these Terms and Policy are
co-terminus in nature and that expiry/termination of either one will lead to
the termination of the other.
k.
The User unequivocally agrees that
these Terms and the aforementioned Policy constitute a legally binding agreement
between the User and the Company, and that the User shall be subject to the
rules, guidelines, policies, terms, and conditions applicable to any service
that is provided by the Platform, and that the same shall be deemed to be
incorporated into these Terms, and shall be treated as part and parcel of the
same. The User acknowledges and agrees that no signature or express act is
required to make these Terms and the Policy binding on the User and that the
User’s act of agreeing to the Terms and conditions in their course of
registering on the platform will be construed as consent to the terms and
conditions. Unless the User agrees to the Terms and Conditions on the Platform,
their registration on the Platform will not be complete.
l.
The Company reserves the sole and
exclusive right to amend or modify these Terms without any prior permission or
intimation to the User, and the User expressly agrees that any such amendments
or modifications shall come into effect immediately. The User has a duty to
periodically check the terms and stay updated on its requirements. If the User
continues to use the Platform following such a change, the User will be deemed
to have consented to any and all amendments/modifications made to the Terms. In
so far as the User complies with these Terms, it is granted a personal,
non-exclusive, non-transferable, revocable, limited privilege to access and use
the Platform and the Services. If the User does not adhere to the changes, you
must stop using the Services at once. Your continued use of the Services will
signify your acceptance of the changed terms.
2.
REGISTRATION
a.
Registration is mandatory for all
Users in order to make any purchases through the platform, however to view the
products listed or seek information about the Platform, the User may not be
registered;
General
Terms
b.
The Users are also provided with an
option to link their; Google accounts with the Platform at the time of their
registration in order to smoothen the process of registration.
c.
Registration for this Platform is available
only to those above the age of Eighteen (18) years, barring those “Incompetent
to Contract” which inter alia include
insolvents. If you are a minor and wish to use the Platform as a User, you may
do so through your legal guardian and the Company reserves the right to
terminate your account on knowledge of you being a minor and having registered
on the Platform or availing any of its Services.
- The
Registration and use of the Platform are presently free but charges can be
levied on the same any time in future and the same shall be at the
discretion of the Company. Presently Charges are incurred only for the
products purchased by the User.
e.
Further, at any time during Your use
of this Platform, including but not limited to the time of registration, you are
solely responsible for protecting the confidentiality of Your Username and
password, and any activity under the account shall be deemed to have been done
by You. In the case that you provide us with false and/or inaccurate details or
we have reason to believe you have done so, we hold the right to permanently
suspend your account. You agree that you will not disclose your password to any
third party and that you will take sole responsibility for any activities or
actions under your account, whether or not you have authorized such activities
or actions. You will immediately notify us of any herein below use of your
account.
3.
PLATFORM
OVERVIEW
The Platform operates as an online
marketplace which connects the sellers of the products on the Platform
with the Users of the Platform. The sellers of the products can
list their products for sale on the Platform and the Users intending to buy the
products shall procure the same, by paying the price for the product through
the payment window on the Platform. In addition to this Users can also post the
review of the products purchased on the Platform.
4.
ELIGIBILITY
The
Users further represents that they will comply with this Agreement and all
applicable local, state, national and international laws, rules and regulations.
The
Users may not use the Platform if they are not competent to contract or are
disqualified from doing so by any other applicable law, rule or regulation
currently in force.
5.
CONTENT
- All
text, graphics, User interfaces, visual interfaces, photographs, trademarks,
logos, brand names, descriptions, sounds, music and artwork (collectively,
‘Content’), is
generated/provided by Platform and the Platform have control over it and
assures a reasonable quality, the accuracy, integrity or genuineness of
products sold on the Platform.
- All
the Content displayed on the Platform is subject to copyright and shall
not be reused by any party (or a third party) without the prior written
consent of the Company and the copyright owner.
- The
Platform may capture data from its third-party Vendors, which would be
used for enhancing the services delivered.
- The
Vendors shall be solely responsible for the genuineness and authenticity
for the Content submitted by the Vendors in the form of product details,
prices and expiry dates for the same.
- The
Users are solely responsible for the integrity, authenticity, quality and
genuineness of the feedback and comments by Users can be made via the
Platform, the Platform bears no liability whatsoever for any feedback or
comments made by the Users or made in respect of any of the content on the
Platform. Further, the Platform reserves its right to suspend the account
of any User for an indefinite period to be decided at the discretion of the
Platform or to terminate the account of any User who is found to have
created or shared or submitted any Content or part thereof that is found
to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be
solely responsible for making good any financial or legal losses incurred
through the creation/sharing/submission of Content or part thereof that is
deemed to be untrue/inaccurate/misleading.
- The
Users have a personal, non-exclusive, non-transferable, revocable, limited
privilege to access the Content on the Platform. Users shall not copy,
adapt, and modify any content without written permission of the Company.
6.
TERM
a.
These Terms shall continue to form a
valid and binding contract between the Parties and shall continue to be in full
force and effect until the User continues to access and use the Platforms.
b.
The Users may terminate their use of
the Platform at any time.
c.
The Company may terminate these Terms
and close a User’s account at any time without notice and/or suspend or
terminate a User’s access to the Platform at any time and for any reason, if
any discrepancy or legal issue arises.
d.
Such suspension or termination shall
not limit our right to take any other action against you that the Company
considers appropriate.
e.
It is also hereby declared that the Company
may discontinue the Services and Platforms without any prior notice.
7.
TERMINATION
a.
The Company reserves the right, in
its sole discretion, to unilaterally terminate the User’s access to the
Platform, or any portion thereof, at any time, without notice or cause.
b.
The Platform also reserves the universal
right to deny access to particular Users, to any/all of are on its Platform
without any prior notice/explanation in order to protect the interests of the
Platform and/or other visitors to the Platform.
c.
The Platform reserves the right to
limit, deny or create different access to the Platform and its features with
respect to different Users, or to change any of the features or introduce new
features without prior notice.
d.
Upon termination of the Platform all
such obligations including but not limited to orders that have been placed and
paid for by the Users before the termination, will be delivered by the Company
and the Company and User will be bound by the terms and conditions of the
platform in force at that point in time. Once all obligations are fulfilled,
then the platform shall be deemed to have been terminated completely.
e.
The User shall continue to be bound
by these Terms, and it is expressly agreed to by the Parties that the User
shall not have the right to terminate these Terms till the expiry of the same.
8.
COMMUNICATION
By using this Platform and providing his/her identity and contact
information to the Company through the Platform, the Users hereby agree and
consent to receive calls, e-mails or SMS from the Company and/or any of its
representatives at any time.
Users
can report to
customercare@bhramma.in
if they find any discrepancy
with regard to Platform or content-related information and the Company will
take necessary action after an investigation.
The response with resolution (if any issues found) shall be dependent on
the time is taken for investigation.
The
User expressly agrees that notwithstanding anything contained hereinabove, it
may be contacted by the Company or any representatives relating to any Product
purchased by the User on the Platform or anything pursuant thereto and the
Users agrees to indemnify the Company from any and all harassment claims. It is
expressly agreed to by the Parties that any information shared by the User with
the Company shall be governed by the Privacy Policy.
9.
PAYMENT
Charges
a. Registration
on the Platform is free of cost at present. However, in case of availing any
paid services on the Platform, the Customer shall pay an amount for the
services availed through the Platform directly to the Company in any of the
prescribed modes of Payment Methods
ii.
Debit Card
iii.
Credit Cards
iv.
Amex Card
v.
Net Banking
vi.
UPI
vii.
E-Wallets
viii. Online Payment Gateways: Stripe Payment
Gateway
b. The
User(s) acknowledges that a minimum of one of the above payment methods shall
be offered on the Platform. Additional processing charge
would be levied on the payments made based on the current payment
gateway fees or any similar fees that could arise
and the User agrees to the same. The Users are solely responsible for the
genuineness of credentials and payment information provided on the Platform and
the Platform shall not be liable for any consequences, direct or indirect,
resulting from the provision of incorrect or untrue credentials or payment
information by any Users.
c. The
payment is processed through a third-party gateway and the User shall be bound
by the third party’s terms and conditions. Currently the payment gateway
through which payments are processed on the Platform is HDFC Payment Gateway,
but the same may be changed at any point of time at the sole discretion of the
Platform. Any change in information with regard to the third-party payment
gateway will be updated on the Platform by the Company.
d. The
User can seek refund of payment only in accordance with
the refund and cancellation policy updated on
the Platform.
e. The Company
will not be liable for any credit or debit card fraud. The liability to use a
card fraudulently will be on the user and the onus to 'prove otherwise' shall
be exclusively on the user. To provide a safe and secure shopping experience,
the Company regularly monitors transactions for fraudulent activity. In the
event of detecting any suspicious activity, the Company reserves the right to
cancel all past, pending and future orders without any liability.
f.
The Company shall disclaim all
responsibility and owns no liability to Users for any outcome (incidental,
direct, indirect or otherwise) from the use of the Services. The Company, as a merchant, 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 User having exceeded the preset limit mutually agreed between the User
and their banker.
10. USER OBLIGATIONS AND FORMAL
UNDERTAKINGS AS TO CONDUCT
The
Client agrees and acknowledges that they are a restricted user of this Platform
and that they:
a. Agree
to provide genuine credentials during the process of registration on the
Platform. You shall not use a fictitious identity to register. The Company is
not liable if the User has provided incorrect information.
b. Agree
to ensure the Name, Email address, Address, Mobile number and any such other
information provided during account registration is valid at all times and shall
keep your information accurate and up-to-date. The User can update their
details anytime through accessing their profile on the platform.
c. Agree
that they are solely responsible for maintaining the confidentiality of their
account password. The User agrees to notify the Company immediately of any
unauthorized use of your account. Company reserves the right to close your
account at any time for any or no reason.
d. Understand
and acknowledge that the data submitted is manually entered into the database
of the Platform. The User also acknowledges the fact that data so entered into
the database is for the purpose of easy and ready reference for the User, and
to streamline the Services through the Platform.
e. Authorize
the Platform to use, store or otherwise process certain personal information
and all published Content, User responses, User locations, User comments,
reviews and ratings for personalization of Services, marketing and promotional
purposes and for optimisation of User-related options and Services.
f. Understand
and agree that, to the fullest extent permissible by law, the Platform/Company
and their successors and assigns, or any of their affiliates or their
respective officers, directors, employees, agents, licensors, representatives,
operational service providers, advertisers or suppliers shall not be liable for
any loss or damage, of any kind, direct or indirect, in connection with or
arising from use of the Platform or from this terms of use, including, but not
limited to, compensatory, consequential, incidental, indirect, special or
punitive damages.
g. Are
bound not to cut, copy, modify, recreate, reverse engineer, distribute,
disseminate, post, publish or create derivative works from, transfer, or sell
any information or obtained from the Platform. Any such use/limited use of the
Platform will only be allowed with the prior express written permission of the Company.
h. Agree
not to access (or attempt to access) the Platform and/or the materials or Services
by any means other than through the interface provided by the Platform. The use
of deep-link, robot, spider or other automatic devices, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Platform or its content, or in any way reproduce
or circumvent the navigational structure or presentation of the Platform,
materials or any content, or to obtain or attempt to obtain any materials,
documents or information through any means not specifically made available
through the Platform will lead to suspension or termination of the User’s
access to the Platform. The User acknowledges and agrees that by accessing or
using the Platform or any of the Services provided therein, it may be exposed
to content that it may consider offensive, indecent or otherwise objectionable.
The Company disclaims any and all liabilities arising in relation to such
offensive content on the Platform.
i.
Expressly agree and acknowledge that
the Content generated by the User and displayed on the Platform is not owned by
the Company and that the Company is in no way responsible for the content of
the same. The User may, however, report any offensive or objectionable content,
which the Company may then remove from the Platform, at its sole discretion.
j.
Expressly consents to follow the
terms and conditions, and policies of the Vendor affiliated with the Company
from whom the Users are utilizing services.
The User further undertakes not to:
- Engage in
any activity that interferes with or disrupts access to the Platform or
the Services provided therein (or the servers and networks which are
connected to the Platform);
- Impersonate
any person or entity, or falsely state or otherwise misrepresent his/her
affiliation with a person or entity;
- Probe, scan
or test the vulnerability of the Platform or any network connected to the
Platform, nor breach the security or authentication measures on the
Platform or any network connected to the Platform. The User may not
reverse look-up, trace or seek to trace any information relating to any
other User of, or visitor to, the Platform, or any other viewer of the
Platform, including any User account maintained on the Platform not
operated/managed by the User, or exploit the Platform or information made
available or offered by or through the Platform, in any manner;
- Disrupt or
interfere with the security of, or otherwise cause harm to, the Platform,
systems resources, accounts, passwords, servers or networks connected to
or accessible through the Platform or any affiliated or linked Platforms;
- Use the
Platform or any material or content therein for any purpose that is
unlawful or prohibited by these Terms, or to solicit the performance of
any illegal activity or other activity which infringes the rights of this
Platform or any other third party (s);
- Violate any
code of conduct or guideline which may be applicable for or to any
particular service offered on the Platform;
- Violate any
applicable laws, rules or regulations currently in force within or outside
India;
- Violate any
portion of these Terms or the Privacy Policy, including but not limited to
any applicable additional terms of the Platform contained herein or
elsewhere, whether made by amendment, modification, or otherwise;
- Commit any
act that causes the Company to lose (in whole or in part) the Services of
its Internet Establishment ("ISP")
or in any manner disrupts the Services of any other supplier/service
provider of the Company/Platform;
Further:
- The User
hereby expressly authorizes the Company/Platform to disclose any and all
information relating to the User in the possession of the Company/Platform
to law enforcement or other government officials, as the Company may in
its sole discretion, believe necessary or appropriate in connection with
the investigation and/or resolution of possible crimes, especially those
involve personal injury and theft/infringement of intellectual property.
The User further understands that the Company/Platform might be directed
to disclose any information (including the identity of persons providing
information or materials on the Platform) as necessary to satisfy any
judicial Order, law, regulation or valid governmental request.
- By
indicating User's acceptance to purchase any product or service offered on
the site, the user is obligated to complete such transactions after making
payment. Users shall prohibit from indicating their acceptance to avail
services where the transactions have remained incomplete.
- The User
agrees to use the services provided by the Company, its affiliates,
consultants and contracted companies, for lawful purposes only.
- The User
agrees not to make any bulk purchase to indulge in any resale activities.
In case of any such instances, the Company reserves all rights to cancel
the current and future orders and block the concerned User account.
- The User
agrees to provide authentic and true information. The Company reserves the
right to confirm and validate the information and other details provided
by the User at any point of time. If upon confirmation such User details
are found to be false, not to be true (wholly or partly), the Company
shall in its sole discretion reject the registration and debar the User
from using the Services available on its Website, and/or other affiliated
websites without prior intimation whatsoever.
- The User
agrees not to post any material on the website that is defamatory,
offensive, obscene, indecent, abusive, or needlessly distressful, or
advertising any goods or services. More specifically, the User agrees not
to host, display, upload, update, publish, modify, transmit, or in any
manner share any information that:
i.
belongs to another person and to
which the User has no right to;
ii. is
grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, 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;
iii. is in
any way harmful to minors;
iv. infringes
any patent, trademark, copyright or other proprietary rights;
v.
violates any law for the time being
in force;
vi. deceives
or misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
vii. Abuse,
harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise
violate the legal rights of others;
viii. Impersonate
any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
ix. Publish,
post, disseminate, any information which is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,
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 including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
x.
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.
11.
SUSPENSION
OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company
may in its sole discretion, limit the User’s access and/or activity by
immediately removing the User’s access credentials either temporarily or
indefinitely, or suspend/terminate the User’s association with the Platform,
and/or refuse to usage of the Platform to the User, without being required to
provide the User with notice or cause:
a. If
the User is in breach any of these Terms or the Policy;
b. If
the User has provided wrong, inaccurate, incomplete or incorrect information;
c. If
the User’s actions may cause any harm, damage or loss to the other Users or to
the Company, at the sole discretion of the Company.
12.
INDEMNITY
The Users of this Platform agree to indemnify, defend and hold harmless
the Company/Platform, and their respective directors, officers, employees and
agents (collectively, "Parties"),
from and against any and all losses, liabilities, claims, damages, demands, costs
and expenses (including legal fees and disbursements in connection therewith
and interest chargeable thereon) asserted against or incurred by us that arise
out of, result from, or may be payable by virtue of, any breach or
non-performance of any representation, warranty, covenant or agreement made or
obligation to be performed pursuant to these terms of use. Further, the User
agrees to hold the Company/Platform harmless against any claims made by any
third party due to, or arising out of, or in connection with:
- User’s use of the Platform,
- User’s violation of these Terms and
Conditions;
- User’s violation of any rights of another;
- User’s alleged improper conduct pursuant to
these Services;
- User’s conduct in connection with the
Platform;
User
agrees to fully cooperate in indemnifying the Company and the Platform at the
user’s expense. The user also agrees not to reach a settlement with any party
without the consent of the Company.
In no event shall the Company/Platform be liable to compensate the
User or any third party for any special, incidental, indirect, consequential or
punitive damages whatsoever, including those resulting from loss of use, data
or profits, whether or not foreseeable, and whether or not the Company/
Platform had been advised of the possibility of such damages, or based on any
theory of liability, including breach of contract or warranty, negligence or
other tortuous action, or any other claim arising out of or in connection with
the User’s use of or access to the Platform and/or the Services or materials
contained therein.
13.
LIMITATION
OF LIABILITY
a. The
Founders/ Promoters/ Partners/ Associated people of the Company/Platform are
not responsible for any consequences arising out of the following events:
i.
If the Platform is
inoperative/non-responsive due to any connectivity errors associated with the
internet connection such as but not limited to slow connectivity, no
connectivity, server failure;
ii.
If the User has fed incorrect
information or data or for any deletion of data;
iii.
If there is an undue delay or
inability to communicate through email;
iv.
If there is any deficiency or defect
in the Services managed by Us;
v.
If there is a failure in the
functioning of any other service provided by the Platform.
b. The
Platform accepts no liability for any errors or omissions, on behalf of itself,
or for any damage caused to the User, the User’s belongings, or to any third
party, resulting from the use or misuse of the Platform or any service availed
of by the User through the Platform. The service and any Content or material
displayed on the service is provided without any guarantees, conditions or
warranties as to its accuracy, suitability, completeness or reliability. The
Platform will not be liable to you for the unavailability or failure of the
Platform.
c. Users
are to comply with all laws applicable to them or to their activities, and with
all Policies, which are hereby incorporated into this Agreement by reference.
d. The
Platform expressly excludes any liability for any loss or damage that was not
reasonably foreseeable by the Platform and which is incurred by you in connection
with the Platform, including loss of profits; and any loss or damage incurred
by you as a result of your breach of these terms.
e. To
the fullest extent permitted by law, the Platform shall not be liable to you or
any other party for any loss or damage, regardless of the form of action or
basis of any claim. You acknowledge and agree that your sole and exclusive
remedy for any dispute with us is to terminate your use of the Platform.
14.
INTELLECTUAL
PROPERTY RIGHTS
Unless
expressly agreed to in writing, nothing contained herein shall give the User a
right to use any of the Platform’s, trademarks, service marks, logos, domain
names, information, questions, answers, solutions, reports and other distinctive
brand features, save according to the provisions of these Terms. All logos,
trademarks, brand names, service marks, domain names, including material,
designs, and graphics created by and developed by the Platform and other
distinctive brand features of the Platform are the property of the Company or
the respective copyright or trademark owner. Furthermore, with respect to the
Platform created by the Company, the Company shall be the exclusive owner of
all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on
the Platform in any manner that is likely to cause confusion among existing or
prospective Users of the Platform, or that in any manner disparages or
discredits the Company/Platform, to be determined in the sole discretion of the
Company.
15.
FORCE
MAJEURE
Neither
the Company nor the Platform shall be liable for damages for any delay or
failure to perform its obligations hereunder if such delay or failure is due to
cause beyond its control or without its fault or negligence, due to Force Majeure
events including but not limited to acts of war, acts of God, earthquake, riot,
fire, festive activities sabotage, labour shortage or dispute, internet
interruption, technical failure, breakage of sea cable, hacking, piracy,
cheating, illegal or unauthorized.
16.
DISPUTE
RESOLUTION AND JURISDICTION
It is
expressly agreed to by the Parties here to that the formation, interpretation
and performance of these Terms and any disputes arising therefrom will be
resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the
contents of this Section shall survive even after the termination or expiry of
the Terms and/or Policy.
a.
Mediation: In
case of any dispute between the parties, the Parties will attempt to resolve
the same amicably amongst themselves, to the mutual satisfaction of all
Parties. In the event that the Parties are unable to reach such an amicable
solution within thirty (30) days of one Party communicating the existence of a
dispute to any other Party, the dispute will be resolved by arbitration, as
detailed herein below;
b.
Arbitration: In
the event that the Parties are unable to amicably resolve a dispute by
mediation, said dispute will be referred to arbitration by a sole arbitrator to
be appointed by the Company, and the award passed by such sole arbitrator will
be valid and binding on all Parties. The Parties shall bear their own costs for
the proceedings, although the sole arbitrator may, in his/her sole discretion,
direct either Party to bear the entire cost of the proceedings. The arbitration
shall be conducted in English, and the seat of Arbitration shall be at Chennai, Tamil Nadu, India.
The Parties expressly agree that the Terms of Use, Privacy
Policy and any other agreements entered into between the Parties are governed
by the laws, rules and regulations of India and all disputes and litigations
shall be administered by courts situated in the jurisdiction of Chennai, Tamil Nadu, India.
17.
NOTICES
Any
and all communication relating to any dispute or grievance experienced by the
User may be communicated to the Company by the User by emailing to info@bhramma.in.
18.
MISCELLANEOUS
PROVISIONS
a.
Entire
Agreement: These Terms, read with the Policy, form the complete and
final contract between the User and the Company with respect to the subject
matter hereof and supersedes all other communications, representations and
agreements (whether oral, written or otherwise) relating thereto.
b.
Waiver: The
failure of either Party at any time to require performance of any provision of
these Terms shall in no manner affect such Party's right at a later time to
enforce the same. No waiver by either party of any breach of these Terms,
whether by conduct or otherwise, in any one or more instances, shall be deemed
to be or construed as a further or continuing waiver of any such breach, or a
waiver of any other breach of these Terms.
c.
Severability: If
any provision/clause of these Terms is held to be invalid, illegal or
unenforceable by any court or authority of competent jurisdiction, the
validity, legality and enforceability of the remaining provisions/clauses of
these Terms shall in no way be affected or impaired thereby, and each such
provision/clause of these Terms shall be valid and enforceable to the fullest
extent permitted by law. In such case, these Terms shall be reformed to the
minimum extent necessary to correct any invalidity, illegality or
unenforceability, while preserving to the maximum extent the original rights,
intentions and commercial expectations of the Parties hereto, as expressed
herein.
d. Contact Us: If
you have any questions about this Policy, the practices of the Platform, or
your experience with the Service provided by the Platform, you can contact us
at customercare@bhramma.in.