2. In this Agreement unless the context otherwise requires, the following words and expressions shall have the meaning respectively assigned to them herein:
a. “Account” means a unique account created for You to access our Service or parts of our Service.
b. “Cookies” refer to the small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
c. “Device” means any device that can access the Service including computer, a cellphone or a digital tablet.
d. "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Owner whether registered or unregistered and all renewals and extensions.
e. “Owner” means Ms. Kriti Bajaj, an individual, adult inhabitant of India who is the sole owner of all rights in the present Website.
f. “Personal Data” refers to and means any information that relates to an identified or identifiable individual.
g. "Product" means the products offered by the Owner including but not limited to those offered through the Website.
h. “Services” means the services offered by the Owner through the Website including but not limited to the following:
(i) Writing mentorships
(ii) Editorial services
(iii) Writing services
i. “Service Provider” refers to and means any natural or legal person who processes the data on behalf of the Website. It refers to third-party companies or individuals employed by the Owner to facilitate the Service, to provide the Service on behalf of the Owner, to perform services related to the Service or to assist the Company in analysing how the Service is used.
j. “User” means any person who visits, accesses and/or uses the Website by means of any device, whether directly or indirectly.
k. “Usage Data” refers to and means data collected automatically, either generated by the use of the Website and/or Service and/or Product or from the Website and/or Service and/or Product infrastructure itself (for example, the duration of a page visit).
l. “Website” means the website accessible at the following address on the internet: “www.kritibajaj.com”.
m. “Parties” means, collectively, the parties to the present Agreement.
3. All references to “You”, “Your” shall mean the User as defined hereinabove. All references to “Us”, “We”, “Ours” and “Kriti Bajaj” shall mean the Owner as defined hereinabove.
4. The present Agreement is an electronic record in terms of the Indian Information and Technology Act, 2000 (“Act”) and rules thereunder as applicable and amended from time to time. The present Agreement is generated by a computer system and does not require any physical or digital signatures.
5. By either accessing directly or through a hyperlink, the Website, and/or purchasing a Service from Us, You consent, undertake and agree to abide and be bound by the terms of the present Agreement including any and all additional terms and conditions and policies referenced herein and/or available by hyperlink and applicable to You and/or any Service(s) availed/engaged by You on or through the Website.
6. The present Agreement shall be applicable to all Users and/or visitors of the Website, without limitation.
7. We reserve the right, at Our sole discretion to change, modify, delete, amend or otherwise alter the present Agreement or its terms at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Website. Your continued use of the Website following any such changes, modifications, deletions, amendments or other alterations to the present Agreement or its terms shall constitute Your acceptance of the amended Agreement. We retain the right to at any time, without notice, deny or suspend Your access to the entirety of the Website or any part thereof if we believe there has been a violation of any of the terms contained herein this Agreement.
8. This Website is offered and made available only to Users above the age of 18 years (or above 21 years where a guardian is appointed as per the Majority Act of 1875) who are able to provide their free consent under the Indian Contract Act, 1872 (“Age of Majority”).
10. If You are under the Age of Majority at the time of accessing and/or using the Website, Your access and usage of the Website shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance at all times. You and Your parents/legal guardians confirm that the present Agreement shall constitute a legally binding User Agreement between Us and Your parents/guardians who are contracting on behalf of You with respect to the Website and/or the Services and/or Products offered.
11. Where Users are below the Age of Majority, all references to “User”, “You” and “Your” shall mean and include You and Your parents/legal guardian acting for and on Your behalf for Your benefit.
12. The present Agreement governs Your access to the Website and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, micro film, video, information, content, etc. that You host, publish, share, transact, display and/or upload whether by digital means or otherwise with either the Website or its Owner.
13. The Owner grants You a personal, revocable, non-exclusive, non-transferable right to access and use the Website, its contents, and Services offered thereon for Your personal non-commercial use and private viewing only and subject to the terms and conditions contained in the present Agreement. We reserve the right to place any additional restrictions on the sale of any of Our Products/Services to You.
14. Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject to Our sole discretion. We may at our sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access to the Website shall be in compliance with all applicable laws (as amended from time to time).
15. You understand and consent to the fact that Your access of the Website and its contents may vary depending upon the jurisdiction from which you access the Website, internet connection, device specifications etc. You acknowledge and consent that We will provide You only access to the Website and that You will be solely responsible for all equipment and/or other services as may be necessary for You to access the Website.
16. All rights, title and interest in the Intellectual Property Rights in and on the Website including without limitation all their constituents, content, text, images, audios, audio‐visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Indian Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, PowerPoint presentations, and all other elements, data, information and materials ("Materials") are the property of the Owner and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the world. The Owner retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
17. The Website including any Materials thereon shall be deemed to be non‐exclusively licensed to You by Us only for Your non‐commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
18. You expressly confirm, consent and undertake not to, directly or indirectly, copy, reproduce, modify, edit, re‐edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub‐license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now known or hereinafter developed.
19. As a user of the Website or Service(s), You may be asked to register with Us. When You do so, You will provide to Us personal information, including, but not limited to, Your name, email address, location, billing address, payment information etc. You are responsible for ensuring the accuracy of this information. You are responsible for keeping Us apprised of any changes to Your personal information. Providing false and/or inaccurate information or using the Website and/or Services offered to further any fraud or unlawful activity is grounds for immediate termination under this Agreement. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
20. You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.
21. You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:
a. belongs to another person and to which You do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harms minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;
e. violates any applicable national or international laws, regulations, rules and/or guidelines;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonates another person;
h. threatens the unity, national interest, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation/country;
i. is offensive or has menacing character;
j. causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
k. infringes, whether knowingly or not, on third party rights including third party intellectual property rights;
l. causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
22. You further consent and undertake that You shall not use the Website to:
a. violate the privacy right or personal right or confidential information of any person;
b. commit an act which could be construed as an act of cyber terrorism;
c. collect, store and/or identify private/personal information of any user or person;
d. facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
e. stalk or otherwise harass another person or user;
f. upload, post or e‐mail any content that You do not have a right to transmit under any law or under contract;
g. upload, post or e‐mail any content that infringes privacy rights, intellectual property rights or other third‐party rights of any person or party;
h. upload, post or e‐mail any unsolicited or unauthorised advertising, promotional materials, junk‐mail, spam, chain‐letters or any other form of solicitation;
i. upload, post or e‐mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website and/or Services;
j. interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorised access to the Website, including its servers, networks or accounts;
k. promote and/or generate revenue for Yourself and/or any third‐party business activity;
l. carry out any activity that is prohibited under any law, rule or regulation for the time being in force;
m. post unauthorised commercial communications including advertisements;
n. unlawfully gather information about others;
o. publish or distribute any obscene or defamatory materials;
p. engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
q. perpetuate any fraud;
r. manipulate or morph or alter or exploit any other User’s User Material; and/or
s. manipulate or morph or alter or exploit Material.
23. The Owner may occasionally post links to and/or embed content from third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked.
24. Should You register to avail any of the paid Services on this Website or purchase any Product or Service on this Website, You agree to pay to Us the specific monetary amounts required for that Product or those Services. These monetary amounts (“Fees”) will be disclosed to You during Your registration and/or confirmation process for the purchase of that Product or Service. The final monetary amounts/Fees for each of the Services and/or Products offered on the Website will be disclosed to You immediately prior to your purchase of such Services and/or products offered on the Website.
25. It is clarified that additional monetary amounts/Fees may be required for continued use of a particular Service and/or Product offered on the Website. Such additional monetary amounts/Fees shall also be disclosed to You immediately prior to your purchase/renewal of such continued Service and/or Products offered on the Website and such additional monetary amounts/Fees shall be charged in accordance with the rates provided for that particular Service and/or Product in the terms and conditions/agreement for that Service and/or Product. We reserve the right to refuse Service or refuse to sell Products on the Website at Our sole discretion to anyone for any reason at any time.
26. You agree to ensure the timely and upfront payment for any and all Services/Products You may purchase from Us and You acknowledge and affirm that prices are subject to change. It is clarified that the Owner reserves the right to suspend all further work under this Agreement, until all payments due under this Agreement are made.
27. Sale of all Products and Services is final. Refunds (if any) and the quantum thereof are to be issued at the sole discretion of the Owner. Further, any such refunds may be made less any taxes or applicable processing fees and/or other fees using the same means of payment as used for the initial payment transaction.
28. In case the User has any queries/notices any discrepancies in the invoice, the same shall be informed in writing to Owner within 10 (ten) days from the date of receipt of the invoice.
29. In the event that the project for which the Services/Products are purchased for a Fee goes dormant without any forward progress or significant activity or milestones reached from Your end for a period of 15 days (“Initial Dormancy Period”), and no prior arrangements have been made with the Owner and agreed to, Your project will be put on hold and all associated files will be archived. Once Your project has been archived, a $75 re-activation fee is required to restart Your project and Your project will be scheduled into the Owner’s current workflow when the Owner’s schedule allows.
30. Furthermore, if Your project remains inactive for an additional 15 days past the Initial Dormancy Period (for a total of 30 days' dormancy period) without any forward progress or significant activity or milestones reached from Your end, or a prior arrangement in place, the Parties' engagement will expire/the contract will be deemed to come to an end, no refunds will be available, and You will forfeit all deliverables associated as well as Fee paid with the Services/Product purchased by You for Your project.
31. We reserve the right to reject or cancel an order for any reason at Our sole discretion.
32. Usage Data
a. Usage Data is collected automatically when using the Service.
b. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
c. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
d. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
(i) Flash Cookies: Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies.
(ii) Web Beacons: Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
34. Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below:
a. Necessary/Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
b. Cookies Policy/Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
c. Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
35. The Owner may use Personal Data for the following purposes:
a. To provide and maintain our Service, including to monitor the usage of our Service.
b. To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
c. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
d. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
e. To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
f. To manage Your requests: To attend and manage Your requests to Us.
g. For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
h. For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
36. We may share Your personal information in the following situations:
a. With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of our Service, to contact You.
b. For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
c. With Affiliates: We may share Your information with Our affiliates, “Affiliates” include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
d. With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
e. With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
f. With Your consent: We may disclose Your personal information for any other purpose with Your consent.
37. The Website will retain Your Personal Data only for as long as is necessary for the purposes set out herein. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
38. The Website will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or We are legally obligated to retain this data for longer time periods.
39. Your information, including Personal Data, is processed at places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
40. Your consent to this Agreement and Your submission of any Personal information represents Your agreement to that transfer and as per the terms and conditions of the present Agreement with respect to such transfer.
41. Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). The Company may also disclose Your Personal Data in the good faith belief that such action is necessary to:
a. Comply with a legal obligation
b. Protect and defend the rights or property of the Company
c. Prevent or investigate possible wrongdoing in connection with the Service
d. Protect the personal safety of Users of the Service or the public
e. Protect against legal liability
42. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
44. Unless otherwise stated or unless the context otherwise requires, in this Agreement:
a. Where a word or phrase is defined, the other parts of speech and grammatical forms of the word or phrase shall have the corresponding meaning.
b. References to statutes shall be a reference to the statutory enactments, rules and regulations (as modified, amended or re-enacted as of the appropriate date) in force.
c. Unless the context otherwise requires, a reference to the singular shall include a reference to the plural and vice versa; and a reference to any gender shall include a reference to other genders.
d. Unless the context otherwise requires, a reference to any recital, clause, Annexure, shall be to a recital, clause, Annexure of this Agreement.
e. The Annexures form an integral part of this Agreement. It is clarified and understood between the Parties to the Agreement that in case of any inconsistency between the Annexures and this Agreement, the terms and conditions stated in the principal part of the Agreement shall prevail.
f. The words “include” or “including” shall be deemed to be followed by “without limitation” or “but not limited to”, whether or not they are followed by such phrases.
g. Any period of time referred to shall be deemed to end at the end of the last date of such period.
h. A reference to an agreement or document (including reference to this Agreement) is to the agreement or document as amended, varied, supplemented, novated or replaced.
i. No provision in this Agreement will be construed adversely to a Party solely on the ground that the party was responsible for the preparation of this Agreement or that provision.
45. The Owner does not accept responsibility for the security of Your information and You agree that Your use of the Website or Services is at Your own risk.
46. Each Party to the present Agreement represents and warrants to the other as follows:
a. That it has full power, capacity, and authority to execute, deliver, and perform the covenants mutually agreed to under this Agreement;
b. Each Party has taken all necessary action (corporate, statutory, or otherwise), to execute, deliver, perform and authorise the execution, delivery, and performance of the covenants listed under this Agreement.
c. Each Party agrees that this Agreement constitutes a valid and binding agreement, and is enforceable in accordance with the terms contained herein;
d. Neither the making of this Agreement, nor compliance with its terms and conditions is in conflict with or will result in the breach of or constitute a default or require any consent under the following:
(i) Any provision of any Agreement or other instrument to which such Party is a Party to or by which such Party is bound; and
(ii) Any Judgement, Injunction, Order, Decree or Award which is binding upon such Party.
a. The User agrees to indemnify, keep indemnified and hold harmless the Owner, its partners, employees, officers and agents from and against any claim, damages, loss, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any breach of warranty, representations, terms and conditions, obligations or undertakings made or given by the User. In the event of any claim, the User will adjust, settle, defend or otherwise dispose of such claim exclusively at its own cost.
b. The provisions of this clause shall survive the expiration or early termination of this Agreement.
48. Limitation of Liability
a. Notwithstanding anything contained in this Agreement, in no circumstances shall the Owner be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for:
(i) any loss of profit, business, contracts, revenues, or anticipated savings, or
(ii) any special, indirect or consequential damage of any nature whatsoever.
b. Notwithstanding anything contained in this Agreement, the Owner’s liability to the User, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising in respect of this Agreement, shall be limited to the aggregate Fees paid by the User to and received by the Owner under this Agreement.
c. The provisions of this clause shall survive the expiration or early termination of this Agreement.
49. You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties (either express or implied) that the Website and/or Services will be uninterrupted, error-free, or secure. You expressly agree and undertake the use of Website and/or Services at Your own risk and shall be solely responsible for the same.
50. You understand and consent that while the website has made efforts to safeguard the Website, it cannot and does not ensure or make any representations that the Website or any information provided by You cannot be hacked by any unauthorised third party/parties. You specifically agree that the Website shall not be responsible for unauthorised access to or alteration of Your transmission or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website. You hereby agree and confirm that You will not hold the Website or the Owner liable or responsible in any manner whatsoever for such hacking or unauthorised access by third party/parties or any loss or damage (whether direct or indirect) suffered by You due to such hacking or unauthorised access by third party/parties.
51. This Agreement or any other agreement in which the terms of the present Agreement are incorporated by reference shall automatically stand terminated upon expiry of the term provided in such aforementioned Agreement/agreement(s), unless extended by mutual agreement of the Parties in writing.
52. Confidential Information
a. During the term of this Agreement, the User will receive and maintain all information in connection with the Services and/or Products rendered by the Owner in the strictest of confidence and trust, no matter howsoever disclosed.
b. The User shall not, without the prior written consent of the Owner, make any use whatsoever of any information in connection with the Services and/or Products rendered by the Owner other than as necessary for the purpose of this Agreement.
c. The User shall not reveal or make public any financial or other information in connection with the Services and/or Products rendered by the Owner, the terms of this Agreement and/or any other communications, discussions, or information shared in the course of the dealings with the Owner.
d. Neither the User, nor any of its representatives or affiliates, shall disclose or make available to any third party any information concerning Services and/or Products rendered by the Owner hereunder, as the User or such persons may have access to, or any information or data concerning any aspect of the Owner’s operations, existing or future plans or any other information regarding the Owner's Services and/or Products.
e. The User agrees to keep secret and confidential any and all written and/or oral information and/or data of any kind including that relating to the terms of this Agreement and the business of the Parties obtained from the Owner pursuant to this Agreement or prior to it through any conversation, meeting, discussion, and/or negotiation and to disclose the same only to those of its officers, employees, agents, contractors or subcontractors on a need-to-know basis and only to the extent necessary.
53. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of India.
54. Dispute Resolution
a. Any dispute or difference in any manner arising out of or in connection with this Agreement, including any question regarding its existence, validity, termination, shall be referred to and finally resolved by a sole arbitrator who is to be mutually appointed by the Parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any modifications, amendments or re-enactments thereof. The seat of arbitration shall be Mumbai. The language of the arbitration shall be English.
b. Pending the proceedings of the Arbitration, if any, the respective obligations set out in this Agreement stand suspended.
All communications made or notices issued pursuant to the present Agreement shall be in the English language.
Electronic communication via email is permitted to both Parties under the terms of the present Agreement. Notices addressed to the Owner may be sent to firstname.lastname@example.org.
Notices to be addressed to the User shall be sent to the User’s email address registered/disclosed to the Owner for billing or other purposes.
c. Service Interruptions:
The Owner may need to interrupt Your access to the Website and/or Services to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website and/or Services may be affected by such maintenance work but that the Owner shall have no liability for any damage or loss caused (whether direct or indirect) as a result of such downtime.
The failure, with or without intent, of any Party to insist on the performance (in strict compliance with the literal requirements) by the other Party of any term or stipulation of this Agreement, shall not be deemed to constitute a modification of any terms or stipulations of this Agreement. Nor shall such failure or election be deemed to constitute a waiver of the right of such Party at any time whatsoever thereafter to insist upon performance by the other strictly in accordance with any term or provisions hereof.
No amendment, modification or addition to this Agreement shall be effective or binding on either of the Parties unless set forth in writing and executed between the Parties.
Subject to the provisions stated hereinabove, none of the Parties shall transfer, assign, or novate this Agreement or any right, benefit or obligation under this Agreement or otherwise permit a third party to be substituted for it under this Agreement.
The relationship between the Parties shall be principal to principal, it being clearly understood that this is a “contract for services” and not a “contract of services” and does not create and shall not be deemed to create any partnership, joint venture, employer-employee or principal-agent relationship between the Parties.
h. Force Majeure:
Neither Party shall be liable to the other Party for loss, injury, delay, expenses, damages or other casualty suffered by the other Party in the event of any delay or failure of the first Party in performing its obligations under this Agreement as a result of general strikes, riots, fires, wars, pandemics, epidemics, acts of God or Government, government lockdowns or any other event that is not reasonably foreseeable or otherwise beyond the reasonable control of the first Party.
i. Entire Agreement:
This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof and shall supersede and override all previous communications, negotiations, commitments, either oral or written, between the Parties with respect to the subject matter of this Agreement. No agreement varying or extending the same shall be binding upon any Party unless arising out of the provisions of this Agreement.
If any provision or condition of this Agreement is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions or conditions hereinunder this Agreement.
k. Post Termination:
The termination of this Agreement shall not affect or prejudice any term/s and/or condition/s or rights of the Owner which is/are expressly or by implication required to continue in effect after such termination.