AcreFeet

    • DAYAPERI Ventures Private Limited with its registered office 14 C Colony Perumalpuram, Tirunelveli 627007 is the creator, owner and publisher of the ACREFEET including but not limited to the Website titled www.acrefeet.in and the Application published in App Store and Play store (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.

    These terms of use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this Platform and the underlying services provided by us through the Platform, including our SMS, APIs, WhatsApp messages, email notifications, ads, commerce services, and our other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos,videos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. When You use any of the Services provided by Us through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on our Platform, you shall be subject to the policies that are applicable for such transaction.

    IPlease read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.

    If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between the ACREFEET and you in connection with your use of the Online Platform, as defined below. If you have any questions regarding our services, you can email us at contact@acrefeet.in

    This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this Platform.

    In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the

    • 1.0 IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:

      • 1.1 “We”, “Us”, or “ACREFEET”, shall mean DAYAPERI Ventures Private Limited, its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly; and

      • 1.2 “You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the Platform, or using the Platform or the Services offered through the Platform, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the Platform (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly.

      • 1.3 Owners: For the purposes of this platform, "owners" refer to individuals or legal entities who hold legal rights to the property being listed for sale or rent on the platform. They are the legal proprietors, possessors, or authorized representatives of the property.

      • 1.4 1.4Agents/Brokers: Within this platform, "agents" or "brokers" denote individuals or entities licensed or authorized to represent owners in the sale, purchase, or rental of properties listed on the platform. They act as intermediaries, facilitating communication and negotiations between owners and buyers.

      • 1.5 1.5Buyers: As defined herein, "buyers" pertain to individuals or entities expressing interest in purchasing or renting properties listed on the platform. They are potential customers seeking to acquire or lease properties through the services provided by the platform.

    • 2.0 APPLICABILITY OF TERMS:
      • 2.1 By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
        • 2.1.1 You have read and understood the Terms;
        • 2.1.2 The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
        • 2.1.3 Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
        • 2.1.4 Written approval is not a prerequisite to the validity or enforceability of the Terms.
      • 2.2 The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
        • 2.2.1 The Indian Contract Act, 1872;
        • 2.2.2 The (Indian) Information Technology Act, 2000;
        • 2.2.3 Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009;
        • 2.2.4 Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009;
        • 2.2.5 The rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
        • 2.2.6 The orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental authority at the central, state or local level.
    • 3.0 MODIFICATION OF TERMS:
      • 3.1 The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time.
        • Such changes shall be notified to you to your registered email address.
        • Your continued use of the Online Platform following such notification constitutes your agreement to follow and be bound by the Terms so modified.
      • 3.2 If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
      • 3.3 These Terms allow the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.
    • 4.0 CONDITIONS OF USE:
      • 4.1 You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
      • 4.2 The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense, or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.
      • 4.3 If you are using the Platform and/or our services, on behalf of a company/corporation/business entity, You represent and warrant that the Use of our Services/Platform and the consummation of the transactions in our Platform have been duly authorized by all necessary action of the respective entity and that the person using our Platform on its behalf has the full capacity to bind that entity.
      • 4.4 You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services.
      • 4.5 For the purpose of the Terms, "Software" means...
    • 5.0 SERVICES:
      • 5.1 The platform provides property owners with a streamlined process for listing their properties for Sale. To avoid unscrupulous players and to enforce a certain level of credibility of the legality of the property, the property owner or the lister is expected to provide/upload any government-approved document pertaining to the listed property.
        • The platform employs push notifications to promptly inform agents operating within specific operational zones upon the listing of properties, ensuring swift responses to new listings.
        • The platform allows multiple brokers to accept and work on property leads simultaneously, enhancing market exposure for listed properties.
        • Moreover, property sellers retain the autonomy to select brokers based on performance ratings, formulated from their closure ratio of allocated leads.
        • Private communication channels are facilitated to enable confidential exchanges between agents, builders, and property owners regarding listing details, appointments, and transactional progress.
        • Brokers are empowered to mark properties as sold upon successfully closing a deal, contingent on subsequent confirmation by the property seller.
        • This platform is purpose-built to streamline property transactions, fostering transparent interactions among property stakeholders, including owners, brokers, and potential buyers.
      • 5.2 The platform facilitates communication between buyers and brokers, providing buyers the avenue to contact brokers rather than engaging directly with property sellers. The company maintains the prerogative to levy fees or brokerage charges from sellers, while brokers are entitled to charge fees or brokerages from buyers. Transactions between buyers and brokers necessitate mutual agreement between the involved parties. It is expressly stated that the company assumes no responsibility for transactions conducted outside its web or mobile platforms.
    • 6.0 REGISTRATION:
      • 6.1 To fully avail the Services of the Platform, registration is required. You are required to create a profile for Yourself by providing the following information, which inter alia includes but is not limited to Name, Address, demographic details, payment details, Government ID like Pan, Aadhar for Brokers validation, Firm's name, RERA registration details for brokers, area of operations/City, contact details like phone number, email, etc. Users who register with us can avail the Services of the Platform.
      • 6.2 Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. 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.
      • 6.3 By using this Platform and providing your contact information to us through the Platform, you hereby agree and consent to receiving calls, autodialled and/or pre-recorded message calls, e-mails, and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to the effect to contact@acrefeet.in. You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by you.
      • 6.4 The Platform serves as a marketplace platform enabling users to engage and negotiate with Agents and Buyers for potential transactions related to the sale or provision of Properties. We, as operators of the Platform, are not directly involved as parties to any negotiations or agreements made between users on the platform.
      • 6.5 We do not exercise control and bear no liability or responsibility regarding the quality, safety, legality, authenticity, or availability of real estate projects offered by users on the Platform. Additionally, we do not guarantee the ability of users selling the Properties to complete a sale, nor the ability of users purchasing Properties to complete a purchase. It's important to note that this arrangement does not establish any partnership, joint venture, or similar business relationship between us and any other party.
    • 7.0 LIMITED USE:
      • 7.1 The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that ACREFEET name is stated as the source and prior written permission of ACREFEET is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
      • 7.2 Throughout these Terms, ACREFEET’s prior written consent means a communication issued by ACREFEET legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
    • 8.0 PAYMENT:
      • 8.1 CHARGES: The use of this Platform, including browsing the Platform is free of cost. Users are only required to pay for the services when they want to avail particular services or premium services from the Platform. Company may charge a percentage of the transaction on property dealing or subscription-based charges. The company holds its right to come up with the fees structure as it deems right in prevailing circumstances.
      • 8.2 Payment Terms for Owners:
        • 8.2.1 Owners / Property listers subscribing to the platform agree to pay a monthly, annual, or listing-based subscription fee to list their properties as the company decides from time to time. The fee structure may vary based on the chosen subscription plan, providing differing levels of access or features. Company may also charge a percentage of the property valuation or transacted or transaction expected to happen. The company reserves the right to charge these fees for listing the property irrespective of the final transaction or the outcome of the sale.
        • 8.2.2 Company may charge before or Upon successful property sales or rentals facilitated through the platform, a predetermined commission percentage may be charged to the owner/seller/builder/ Developer.
      • 8.3 Payment Terms for Buyers:

        Buyers accessing premium features or exclusive property listings may be subject to a subscription fee. The fee structure and access levels will be defined by the chosen subscription plan. The buyers will have to pay the agents/brokers /or the partners (brokers referred to as Partners on the platform) a fixed agreed-upon brokerage fee to the brokers enrolled on the platform if they availed their services. Company will not be responsible for these transactions as currently the company does not facilitate these transactions on the platform and hence the company may not have any influence over such transactions.

      • 8.4 Payment Terms for Agents:

        Agents or brokers operating on the platform will be entitled to charge a commission for each successful property transaction they facilitate from the buyer or the renter. The commission percentage will be agreed upon and specified in the terms between the agent and the buyer or the party that took the services of the respective broker for renting or buying the property. Company doesn’t have any responsibility in the fulfillment of such transactions or charges as this happens outside the platform, and hence the company will not have any influence on these dealings. Company also reserves the right to charge the brokers a subscription fee or lead-based fees for the services provided to the broker/stakeholder.

    • 9.0 DISCLAIMERS:
      • By utilizing this platform, owners acknowledge and agree that the company does not bear responsibility for the accuracy, completeness, or authenticity of the information provided by brokers.
      • Owners understand that the platform serves solely as a medium to connect with brokers and facilitate property transactions.
      • The company disclaims any liability for transactions conducted between owners and brokers, and any reliance on information presented on the platform is at the owner's own risk.
      • Additionally, owners recognize that the company holds no accountability for the actions, conduct, or representations made by individual brokers, and any agreements or engagements entered into with brokers are independent of the company's scope and obligations.
      • We serve as a facilitator connecting Owners/ Developers, Agents and Buyers within the real estate industry.
      • We aim to provide a transparent and efficient platform for owner-agent-buyer interactions.
      • However, it's important for agents to understand the following:
        • 9.1 We operate as a facilitating platform, offering access to information regarding properties and facilitating contact among owners, agents and buyers.
        • 9.2 Any engagements, agreements, or transactions among owners, agents and buyers initiated or conducted outside the platform are solely at the discretion and responsibility of the involved parties.
        • 9.3 While we strive to maintain accurate and updated property information on our platform, we do not guarantee the accuracy, completeness, or reliability of the information provided by Owners. Agents/Buyers are encouraged to independently verify project details and conduct their due diligence before entering into any agreements.
        • 9.4 We shall not be held liable for any losses, damages, or disputes arising from engagements among owners, agents and buyers, whether arising directly or indirectly from the use of our platform.
        • 9.5 We are committed to safeguarding the confidentiality and security of user information within our platform.
        • 9.6 The Services are provided on an "as is," "as available" basis.
        • 9.7 The Company makes no representations or warranties of any kind with respect to the Services provided by the Company.
        • 9.8 The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services.
        • 9.9 The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms.
        • 9.10 You agree that you are solely responsible to the platform and to any third party for any breach of your obligations under the Terms of Services and consequences including any loss or damage which we or our affiliate may suffer for any such breach.
        • 9.11 ACREFEET disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the Properties, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.
    • 10.0 SELLERS/PROPERTY OWNERS/TITLE REPRESENTATIVE’S OBLIGATIONS:
      • 10.1 You are responsible for providing accurate, updated, and comprehensive details concerning the property listed on the platform, encompassing property specifics, pricing, amenities, and pertinent legal documentation.
      • 10.2 You shall ensure possession of legal ownership or the necessary authorization to list the property for sale or rent on the platform, furnishing valid and verified ownership documents upon request.
      • 10.3 It is your responsibility to adhere to all legal prerequisites, regulations, and local statutes related to the property's sale, purchase, or rental, including securing essential permits, clearances, and approvals.
      • 10.4 You are encouraged to promptly respond to inquiries from agents or buyers regarding your listed property, facilitating transparent and timely communication.
      • 10.5 Ensuring the property's condition matches its advertised state and making it available for viewings or inspections, as per the agreed-upon terms with interested parties, remains your obligation.
      • 10.6 You must conduct property transactions transparently and honestly, disclosing any known defects, limitations, or material information that might influence a potential transaction.
      • 10.7 You agree and undertake that you are accessing the Platform and transacting at your sole risk and are that you are using your best and prudent judgment before availing our services or accessing/using any information displayed thereon.
      • 10.8 You agree to provide complete and maintain accurate information during the registration process on our platform, ensuring the authenticity of details provided by you. This includes, but is not limited to, contact information, professional credentials, and any other requisite documentation.
      • 10.9 You shall adhere to all relevant laws, regulations, and industry standards concerning real estate dealings and agency practices in your jurisdiction. Ensure proper licensing, if required, to operate as a real estate agent within your area.
      • 10.10 You shall conduct yourself in a professional manner when interacting with builders or other agents through the platform. Uphold ethical standards and refrain from engaging in any misleading, fraudulent, or deceptive practices.
      • 10.11 You acknowledge that engagements, agreements, or transactions initiated or conducted with builders or other agents outside the platform are your sole responsibility. We do not oversee or assume liability for these engagements.
      • 10.12 You agree and acknowledge that we are not associated with the Builder and shall in no manner be deemed to provide any representation on behalf of the Projects listed on this Platform. We are only facilitating the interaction between you and the Builder.
      • 10.13 You agree that we may, at any time, modify or discontinue all or part of the Platform, charge, modify or waive fees required to use the Platform, or offer opportunities to some or all Platform Users.
      • 10.14 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Platform. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.
      • 10.15 You agree to use the Platform only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
    • 11.0 AGENTS RESPONSIBILITIES:
      • 11.1 Agents are responsible for presenting accurate and truthful information regarding the properties to potential buyers or renters.
      • 11.2 However, it's important to note that the authentication of property details provided by sellers or renters lies with them, and the company does not authenticate or guarantee this information.
      • 11.3 Agents should facilitate property transactions by offering comprehensive and verified information, arranging viewings, and assisting in negotiations while adhering to ethical and legal standards.
      • 11.4 Brokers have the right to charge brokerage fees from buyers. However, any financial transaction or agreement between agents and buyers concerning brokerage fees is solely between them. The company does not intervene or bear responsibility for such transactions.
      • 11.5 If Brokers enrolled with the platform are found working with a competitor or doing anything detrimental to the reputation of the platform or the company Dayaperi venture Pvt ltd, or is engaged in any unfair practices or illegal activities, the company reserves the right to immediately disbar the concerned person/persons or the firm/firms from the platform and can initiate legal proceedings as per the provisions of the law.
    • 12.0 BUYERS RESPONSIBILITIES:
      • 12.1 Buyers are responsible for conducting their due diligence on the properties of interest, including verifying the accuracy of information provided by sellers or agents. The company does not guarantee the accuracy of property details provided by sellers or renters.
      • 12.2 Buyers should acknowledge that brokers may charge brokerage fees for their services. Any financial transactions related to brokerage fees between buyers and agents remain the responsibility of the involved parties, and the company does not participate or oversee these transactions.
      • 12.3 Buyers are encouraged to make independent and informed decisions regarding property purchases or rentals based on their assessment and validation of property information, apart from the details furnished by sellers or agents.
      • 12.4 The company strongly advises buyers to independently verify the title and legal status of properties, separate from the information provided by sellers or agents.
      • 12.5 For continued usage of the platform buyers are expected to honor the transaction and commitment even outside the platform for the leads arising from the platform.
    • 13.0 REVIEWS, FEEDBACK AND DATA RETENTION:
      • 13.1 You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the Services availed by you. It is up to your discretion for to submit the same.
      • 13.2 You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to services availed by you.
      • 13.3 The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms.
      • 13.4 You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the services availed, dispute resolution, complaint resolution, any further information.
      • 13.5 The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.
      • 13.6 We have no obligation to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
    • 12.0 INTELLECTUAL PROPERTY RIGHTS:
      • 12.1 The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.
      • 12.2 The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;
    • 13.0 LIMITATION OF LIABILITY:
      • 13.1 Your access to and use of the Services or any Content are at your own risk...
      • 13.2 Without prejudice to the foregoing, the ACREFEET make no warranty or representation and disclaim all responsibility and liability for...
      • 13.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACREFEET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES...
      • 13.4 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ACREFEET EXCEED THE AMOUNT YOU PAID FOR THE SERVICES GIVING RISE TO THE CLAIM.
    • 14.0 INDEMNIFICATION:
      • 14.1 You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms...
    • 15.0 FORCE MAJEURE:
      • 15.1 The Company will not be responsible for a breach of the Terms, damages, losses, costs or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or another event outside the reasonable control of the Company.
    • 16.0 INVALIDITY:
      • 16.1 If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
    • 17.0 SEVERABILITY:
      • 17.1 In the event any provision of the Terms becomes void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed, and the remainder of the provisions of these Terms shall continue in full force and effect.
    • 18.0 GOVERNING LAW AND JURISDICTION:
      • 18.1 These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Tirunelveli, Tamil Nadu, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.
      • 18.2 Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Tirunelveli, Tamil Nadu, India, and the language of the proceedings shall be English.
      • 18.3 The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under these Terms.
    • 19.0 GENERAL:
      • 19.1 The Company's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
      • 19.2 The Terms contain the entire agreement between you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.
      • 19.3 In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.
      • 19.4 You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.

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