Terms and Condition
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE
- Any supplier of goods/services (whether an individual, professional or an entity or similar institution) on the Platform, directly or indirectly, including designated/authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);
- An individual who accesses and registers on the Platform and/or places a service request on the Platform (“End-User”, “You”, “Your” or “Users”); or
- Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).
3. Platform Services
- You acknowledge that the Platform is a web/web/app that allows you to avail services/buy products directly from the Company as well as from various listed Partners. Some of the services and products available on the Platform and provided by Company / Partners are listed below:
- misohe.club, it’s offered services and the allied services ("wellness services") provided by True Base Private Limited.
- Single session/subscription-based digital services/products on the Platform, like recorded audio and/or video content, real-time on-line training services, as provided by or featuring Partners and/or their associates (“Digital Services”), which shall include:
- Single sessions/subscriptions permitting access to and booking of pre-recorded and/or do-it-yourself audio and/or video content relating to physical and/or mental wellness, nutrition, cookery, recreation, physical and/or mental live experiences and allied content (“Digital Content Services”);
- Single sessions/subscriptions from relevant Partner(s) permitting access to and booking of real-time audio and/or video consultancy/coaching/training session(s) relating to physical and/or mental wellness, nutrition, cookery, recreation, therapy (“Digital Training Services”).
- Diverse Products, Diverse Booking Services and Other Diverse Services shall be collectively referred to as “Diverse Offerings”. Wellness Services, Food Products, misohe first Services, Digital Services and Diverse Offerings shall be collectively referred to as “Platform Services” and shall be provided by Company, Partners or their associates with whom the Company or Partners have contractual arrangements. The Company shall facilitate the provision of the Platform Services and independently provide Diverse Offerings and provide such other services (including account creation and management, management of various products and services purchased/booked on the Platform, payment and transaction summary generation services etc.) to You by allowing You to register and access the Platform on the terms and conditions set forth below.
- The charges indicated on the Platform for the Platform Services will be as determined by the Company or respective Partners, as the case may be, and is excluding taxes and other applicable charges as mentioned on the Platform. The charges and Platform Services may change at the Company’s or Partners’ sole discretion and the Company and Partners do not guarantee that the charges will be the lowest in the city, region or geography or if the products/services will be available for delivery/performance at all times. For Digital Services, You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half-yearly, annually. For monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
- Any order/booking made for a Platform Service(s) through the Platform shall be, in addition to the terms mentioned herein, subject to additional terms and conditions of the Partners or their service providers/associates (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Partner’s or their associates’ respective website / mobile application, which You are presumed to have read and accepted at the time of placing the order/booking.
- The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned below.
4.1 Becoming a Member
- You must be legally capable of entering into a binding contract and must not be a person barred from receiving Platform Services under the applicable laws, in your province, territory or country, to sign up as a registered user of the Platform Services. You agree that your use of the Platform does not violate any applicable law or regulation of your province, territory or country.
- To avail the Platform Services on the Platform, you will be required to register on the Platform by providing details about yourself, including your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”).
4.2 Once a Member
- Complete, true and accurate information: You shall ensure and confirm that the Account Information and Payment Details (as defined below) provided by you are complete, accurate and up-to-date at all times. If there is any change in the Account information or Payment Details, you agree to promptly update such information, as needed, to keep it accurate, complete and up-to-date. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or cancel your Account and refuse any current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against you at law or in equity, for any misrepresentation of information provided by you.
- Confidentiality of information: You will be responsible for maintaining the confidentiality of the Account information including confidentiality of your password for restricting access to your Account, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify the Company of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.
- Use of another User’s Account information for availing the Platform Services is expressly prohibited.
- You shall not have more than one active Account on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person to create an account with the Platform.
- Your membership is non-transferable, however, in case you are moving to another city where the Company provides its services, the Company may transfer your membership against the receipt of the price difference and any applicable service fee for the same (as applicable).
4.3 Membership for Minors
5.1 Subscription Programs
- Users may access the Platform Services by subscribing to our packages through a subscription fee-based program. Please read the fine prints of each Subscription Program and the wellness Services before purchasing or subscribing, as the same provides all the details about the coverage and exclusions of the Subscription Program/the wellness Services that you purchase.
- The Company offers monthly, quarterly, half-yearly and annual subscription options. For our subscriptions, a month constitutes 30 calendar days, a quarter constitutes 90 calendar days (3 months), a half year constitutes 180 calendar days (6 months) and a year constitutes 365 calendar days (12 months).
- Available Packages: The packages offered by the Company, details of subscription fees and any discounts on these packages, if applicable, will be reflected on the Platform.
- Purchasing the Subscription Program: You can become a subscriber to the Subscription Program by purchasing a subscription to the Platform Services from the website or through the mobile application (“Order”). If your order is acceptable to us, we will confirm your order and send you an email to confirm your access to the subscription purchased. Our obligation to provide the Platform Services shall arise only once we take receipt of your order, and send a confirmation regarding the same to you by email.
- The Company reserves the right to not process or to cancel your order in certain circumstances which the Company deems appropriate at its sole discretion. The Company also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Order. You may need to provide additional information to verify your identity before completing your order. The Company will either not charge you or refund the charges for orders that we do not process or cancel.
- Access to Subscription Program: You will only have access to the Subscription Program while your subscription is active and subsisting. The App-based Products and Services shall be available on the Platform only upon purchase of the Subscription Program and will continue until the end of your current subscription period or till the prescribed number of classes under your Subscription Program gets completed, whichever is earlier.
5.2 Charges and Changing of Fees
- Charging of Subscription Fees: All amounts are payable and charged (i) at the time you place your Order and, (ii) at the time of each renewal, using the Payment Details (as defined below) you have provided.
- Auto-renewals: For all subscriptions bought on mobile app marketplaces (Appstore, Playstore, etc.) there will be auto-debit at the renewal dates as shared at the time of subscription. The user will be provided with the direction to cancel the subscription on the platform and the mobile app marketplace.
- Promo-codes and Discounts: In case of any promotional discounts offered by the Company through a discount code or voucher, not more than one discount code or voucher will be honoured at one time, that is to say, a User will not be permitted to use more than one discount code or voucher at a purchase.
- Changing the Subscription Program and Fee: We reserve the right to change our Subscription Programs or adjust pricing for our Platform Services or any components thereof in any manner and at any time as the Company may determine in our sole and absolute discretion. Any price changes or changes to your Subscription Program will take effect following notice to you. The Company does not guarantee that the charges will be the lowest in the city, region or geography or if the Platform Services will be available for delivery/performance at all times.
5.3 Policies related to booking/rescheduling/cancellation of classes or membership and In-house Policies
- Booking and Rescheduling of classes/sessions by Users: Users can book their slot in classes only in advance, based on a period as decided by the Company and shown on the website or mobile application which may be changed by the Company overtime at its discretion. Users may cancel or reschedule appointments using the Platform, subject to permitted cancellation and rescheduling timelines and availability of a timeslot.
- Rescheduling and Cancellation of classes by Company: The Company reserves the right to cancel or reschedule appointments and the Company shall not be liable for any inconvenience or loss caused to you as a result of such rescheduling, cancellation and delay in performance or failure to meet its obligations.
- Cancellation of classes/sessions by Users: Users shall be permitted to cancel their booking only up to a certain time before the scheduled class, or as mentioned on the Platform while booking a class, post which the option of cancellation shall be disabled from the Platform. In case you wish to cancel the class/session after the prescribed period, you may chat with us or write to us on firstname.lastname@example.org requesting cancellation of your appointment, and the Company may consider such request, at its sole discretion. Any decision taken by the Company in this regard shall be final and binding. In the event of cancellation of a scheduled session within 12 hours from such scheduled session, or the event of excessive/ delayed/ last-minute cancellations, the Company reserves the right to charge such amount for cancellation, as may be determined by the Company.
- In-house Policies for users visiting our premises:
- (ii) During the classes, you agree and permit the instructors to adopt necessary methods towards correcting your posture in line with the on-going exercise.
- (iii) The Company may provide Users with a locker area at the studio/wellness centres, for the storage of their valuable belongings. You acknowledge that the liability of safety and damage to such belongings lies solely with you, and the Company shall not be liable for any damage, theft, loss caused to such belongings.
- (iv) The Company may also provide charging ports for mobile phones at the studio/wellness centres. The Users assume full liability in case of any damage or loss caused to such private property at the studio/wellness centres.
- Right to deny admission: The Company reserves the right to review the usage of the Platform Services by you. In the event the Company, based upon its sole discretion and wisdom, finds the behaviour of a User as inappropriate or unbecoming, we reserve the right to deny admission or to ask such User to leave the session/app or suspend/cancel your membership/cancel your subscription under Clause 4.3.6 (ii) of these Terms.
- (i) Cancellation of Subscription Program by you –
- (b) Refund of Subscription fee-
All Subscription Programs purchased by you are non-refundable, non-exchangeable, non-saleable and non-transferable. In the event, you wish to discontinue your Subscription Program, you will not receive a refund for the fees you have already paid for your current subscription period and you will be entitled to receive the Platform Services ordered until the end of your current subscription period or till the prescribed number of classes under your Subscription Program gets completed, whichever is earlier.
- (ii) Cancellation of Subscription Program by us –
- (b) In the event your usage of the Platform Services violates our in-house policies stated above, the Company may suspend or cancel your membership/ terminate your Account at any time for any reason in its sole discretion with or without notice to you. If any complaint is received against a User to the effect he/she has used the Platform Services for the above purposes, then upon receiving such complaint, the Company reserves the right to terminate the Account / cancel User’s membership in question. The Company also reserves the right to initiate legal action against you.
- (c) The Company shall have the right to cease/terminate the relationship with you unilaterally without any reason, and applicable amount or cashback (if any) shall be refunded to you subsequently.
- (d) Your access to the Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Platform Services. We will restore your access to the Platform as soon as reasonably practicable. If the Platform Services are still unavailable, please notify us by emailing at email@example.com.
- (iii) Effect of cancellation–
- Upon cancellation of the Subscription Program, the Company may delete any content or other materials relating to your use of the Platform Services and the Company shall have no liability to you or any third party for doing so. However, your transactions and other details may be preserved by the Company for tax or regulatory compliance
6. Payment Services
- You acknowledge and agree that in the event you have made payments in respect of any Subscription Program through your credit card, the Company is authorized to charge the same credit card as was used for the initial subscription fee. In case you wish to renew your Subscription Program, the renewal subscription fees will be billed to the Payment Details you provided, until you change the Payment Details.
- Transaction Summary: The payment receipt for completion of a transaction and the transaction summary shall be provided by the respective mobile app marketplace, or by the Company, as the case may be, and the payment receipt and transaction summary shall be made available on the Platform and also be sent to your registered email address.
- Failed Transactions: Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (1) your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) you have not provided the Company with correct Payment Details; (3) your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which prevent the execution of the transaction.
- With regards to payments, the Platform shall not be responsible or liable for any unauthorised transactions conducted on our Platform using your payment card or internet banking.
7. Health/Medical Disclaimers
- In the interest of your physical and mental wellbeing, you understand and acknowledge that –
- Disclaimer by Company:
- (i) The Company makes no claims, representations or guarantees that the Platform Services offered would provide a therapeutic benefit to all its Users. We hereby disclaim any guarantees of exactness as to the duration, type, satisfaction from the wellness services provided by us.
- (ii) The Company is not a wellness provider or a medical care provider and that our well-being Services are neither medical/health care advice, nor a replacement for, or are a form of, therapy, and that the wellness Services are not intended to cure, treat, or diagnose any medical conditions which a User may have.
- Inherent risks: The wellness Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that your participation is voluntary and that you knowingly assume all such risks and hence hereby release the Released Party (as defined below) of all liability arising out of such aforementioned risks;
- Illness/Injury: You are aware of your physical limitations and medical history and that your participation by accessing and availing our wellness Services may, in some circumstances, result in a physical injury or impact /worsen the psychological condition or mental wellness. You also undertake that you are sufficiently self-aware and would stop any physical activities on the Platform Services before you become ill or injured, physically or psychologically. You will not attribute any such illness/ injuries/loss to your health, of any kind, to the Platform Services offered by us. Further, we make no representation, whatsoever, that wellness Services provided by us are appropriate or safe for use.
- You will not participate in the Platform Services under the influence of heavy medication, drugs, alcohol or other mood-altering substances, or undertake the exercises/training offered through our App-based Products and Services while driving or operating any machinery.
- Consultation by a Mental healthcare provider:
- (i) You would consult your psychiatrist/therapist or health care provider before enrolling for the wellness Services offered by us/ booking our session, in the event you are or expect/suspect to (a) be pregnant, or (b) bear a pacemaker, or (c) suffer from epilepsy or seizures, or (d) have a history of mental illness, or (e) has an eating disorder, or (f) have diabetes, or (g) have any other physical/ psychological/ emotional/ medical condition, or (h) are taking any strong medication.
- (ii) You will obtain the approval of your health care provider/doctor before participating in the Platform Services, in the event you are over 65 years of age.
- Medical Aid: There is no obligation for any person to provide you with medical care while performing the activities offered under the Platform Services. You further understand and acknowledge that:
- (i) there may be no aid stations available for the said activity; and
- (ii) if medical care is rendered to you, you consent to that care if you are unable to give your consent for any reason at the time the care is rendered.
- You, for yourself and your heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any rights or claims of any nature whatsoever, including but not limited to any claims about a physical or mental injury or illness, or claims arising out of the negligence of any Released Party (as defined below) or anyone else, that you may have now or in the future, against the Company, any of its affiliates, franchisees and their respective representatives, directors, officers, independent contractors, consultants, agents, employees or volunteer staff (“Released Party”), concerning or in connection with or arising out of the availing of Platform Services by you. Without limiting the foregoing, you further release any resources which you may, now or hereafter, have resulting from any decision of any Released Party.
- Without prejudice to the indemnity obligations set out under Clause 9.2 of these Terms, you agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any claim made by you or anyone claiming on your behalf, even if the claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
- Policies and Provisions for experts/ therapists/practitioners.
8. Use of Platform
- By accessing the Platform and using our Platform Services, you acknowledge and consent to receive, at any time, customer alerts, reminders, or any other communications from the Company, its employees, Vendors and/or its affiliates, or concerning offers for other wellness Services/Platform Services offered by the Company.
- Feedback: As part of the Platform Services provided to you, after availing such services, you agree to provide honest feedback/review about the concerned Platform Service, if required by the Company.
- Although we aim to offer you the best service possible, we make no promise that the wellness Services will meet your requirements and we cannot guarantee that the wellness Services will be fault-free. If a fault occurs in the wellness Services, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the wellness Services while we address the fault. We will not be liable to you if the wellness Services are unavailable for a commercially reasonable time.
- You acknowledge and agree that by accessing or using the Platform or Platform Services, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising with such offensive content on the Platform.
- Prohibited Uses: Without prejudice to the foregoing, you further undertake not to:
- Unlawful use of Disruption/Interference with use of Platform:
- (i) defame, abuse, harass, threaten or otherwise violate the legal rights of the Company or others;
- (ii) collect or store data about other Users in connection with the prohibited conduct and activities outlined in this Section;
- (iii) conduct or forward surveys, contests, pyramid schemes or chain letters;
- (iv) use any device or software to interfere or attempt to interfere with the proper functioning of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- (v) upload or distribute files that contain viruses or “Trojan horse”, or overloading or “flooding” or “mailbombing” or “crashing” or corrupted files, or any other similar software or programs that may directly or indirectly damage, interfere with or disrupts access to, the Platform or the Platform Services (or the servers and networks which are connected to the Platform) and another’s a computer or provide you undue advantage or benefit in purchasing goods/availing services;
- (vi) engage in any activity that interferes with or disrupts the access to Platform or Platform Services (or the servers and networks which are connected to the Platform);
- (viii) 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 sites;
- Content related prohibitions:
- (i) modify or alter the content available on the Platform;
- (ii) distribute or sell, rent, lease, license or commercially host or otherwise make any Content on the Platform available to others;
- (iii) copy, modify, re-publish, post, display, translate, transmit/distribute, reverse engineer, perform, license, create derivative works, or sell any information or software obtained from the Platform through any medium without obtaining the necessary authorization from the Company;
- (iv) remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
- Access related prohibitions:
- (i) access (or attempt to access) the Platform and the materials or Platform Services by means other than through the interface provided by the Company;
- (ii) probe, scan, test the vulnerability of the Platform or any network connected to the Platform, or beach the security or authentication measures on the Platform or any network connected to the Platform;
- (iii) attempt to gain unauthorized access to any portion or feature thereof or any other systems, networks, servers, linked or affiliated sites, connected to or accessible through the Platform or to any Company server, by hacking, password mining or any other illegitimate means;
- (iv) use of any deep-link, robot, spider or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content;
- (v) reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content to obtain or attempt to obtain any material, document or information through any means not specifically made available through Platform;
- (vi) reverse lookup, trace or seek to trace any information on any other User of, or visitor to, the Platform, to its source;
- (vii) exploit the Platform or Platform Services or information made available or offered by or through the Platform in any way whether or not the purpose is to reveal any information, including but not limited to, personal identification information other than your information, as provided on the Platform;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- upload or distribute files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
9. Intellectual Property Rights
- The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and/or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use the Content without the prior consent of the Company, or the Vendors, or the third party that may own the copyright, patent, trademark or any other intellectual property right in such Content.
- The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and/or Vendors and/or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the Vendors, or the third party that may own the Marks.
- IP Infringement
If you believe the Platform or any of the Platform Services violates your intellectual property, you must promptly notify the Company in writing at email@example.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the cancellation of your access to the Platform. You are required to provide the following details in your notice:
- (i) The intellectual property that you believe is being infringed;
- (ii) The item that you think is infringing and include sufficient information about where the material is located on the Platform;
- (iii) A statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
- (iv) Your contact details, such as your address, telephone number, and/or email;
- (v) A statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- (vi) Your physical or electronic signature.
10. General Terms and Conditions
10.1 Disclaimer of Warranties & Liability
- You expressly understand and agree that to the maximum extent permitted by applicable law:
- the Company will have no liability related to any User Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability concerning the misuse, loss, modification or unavailability of any User Content.
- the Company will not be liable for any direct and/or any special, incidental, indirect, consequential, exemplary or punitive loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform or Platform Services, either with or without your knowledge.
- the Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
- any material or data downloaded or otherwise obtained through the Platform is done entirely at your discretion and risk, and in the event, there is any damage to your computer systems or loss of data, you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
- the Company shall not be held responsible or liable for any damages arising from periodic maintenance operations or unplanned interruption/ suspension of Platform Services that may occur due to technical reasons or for any reason beyond the Company’s control or termination of Platform Services following the Suspension and Cancellation Policy of these Terms, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
- You acknowledge that the above disclaimers under Clauses 6 and 9.1 are reasonable, and you will accept any such risks and/or insure accordingly.
10.2 Indemnification and Limitation of Liability
- In no event shall the Indemnitees be liable to you or any third party for any direct and/or any special, incidental, indirect, consequential, exemplary or punitive damages including, but not limited to, lost profits, loss of opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Platform Services or wellness Services arising out of or in connection with these Terms or from the use of or inability to use the Platform, Platform Services or Content on the Platform or alteration of User’s transmissions and/or data or arising from any other matter relating to the Platform Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Indemnitees have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
10.3 Indemnification and Limitation of Liability
10.4 Governing Law and Dispute Resolution
- Governing Law: These terms shall be governed by and construed by the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.
- Agreement to Arbitration: You and the Company agree that any dispute, claim or controversy arising out of or in connection to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform or Platform Services (“Dispute”) will be settled by binding arbitration (“Arbitration”).
- Procedure of Arbitration: All Disputes, which you or the Company (“Disputing Party”) wishes to have resolved, shall be referred upon the application of either the Disputing Party or the other party to the Dispute and finally settled under [(Indian) Arbitration and Conciliation Act, 1996 (“Act”) and the Rules made thereunder], in force at the date of intimation of such Dispute, which Act and rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be three (3). One (1) arbitrator shall be appointed by the Disputing Party and one (1) arbitrator shall be appointed by the other party to the Dispute and together with the two (2) arbitrators so appointed shall appoint the third arbitrator. If within fourteen (14) days of a request from the other party to do so a party fails to nominate an arbitrator, or if the two (2) arbitrators fail to nominate the third arbitrator within fourteen (14) days after the appointment of the second arbitrator, the appointment shall be made by the Act and the rules. No officer, director, shareholder, employee, representative or relative of any party may be nominated or appointed as an arbitrator. The seat and venue of such arbitration will be [New Delhi]. The language of this arbitration shall be English and any document not in English submitted by any party shall be accompanied by an English translation. A written transcript of the proceedings shall be made and furnished to the parties.
- Binding Award: Any award of the arbitrator or arbitral tribunal, as the case may be, under this clause shall be in writing and shall be final, conclusive and binding upon the parties, and the parties shall be entitled (but not obliged) to enter judgment thereon in any one or more of the highest courts having jurisdiction
- Costs of Arbitration: The arbitrator shall be entitled to award costs of the arbitration. Subject to the aforesaid, each party to any arbitration shall bear its own expense in relation thereto, including but not limited to such party’s attorneys’ fees and the expenses and fees of the arbitrators shall be borne equally by the parties to the Dispute.
- Class Action waiver: Where permitted under the applicable law, you and the Company agree that each may bring claims against the other only in your or its capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and the Company agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
10.5 Links to Website/ Homepage
- We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
- You may also link to our home page, mobile app, or a URL within, provided, you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Platform Services must not be framed on any other website, nor may you create a link to any part of the Platform Services unless you have written permission to do so from us. We reserve the right to withdraw linking permission with or without written notice. The website from which you are linking must be compliant in all respects with the standards set out in our policy for acceptable Use of Platform. If you wish to make any use of material on or in the Platform Services other than that set out above, please address your request to firstname.lastname@example.org.
10.6 Report Abuse and Grievance Redressal
- In case of any dissatisfaction with the Platform Services, you shall first file a formal complaint with the customer service of the Company, before pursuing any other recourse. The complaints can be lodged at email@example.com, and upon complaining, you agree to provide complete support to the customer service team with such reasonable information as may be sought by them from you. The decision of the Company on the complaints shall be final and you agree to be bound by the same.
10.7 General Provisions
- Survival: Even after termination, obligations mentioned under Clause 4.3.6 (Suspension and Cancellation of Subscription Program), Clause 6 (Health/Medical Disclaimers), sub-clause 9.1 (Disclaimer of Warranties and Liability), sub-clause 9.2 (Indemnification and Limitation of Liability), sub-clause 9.4 (Governing Law and Dispute Resolution), sub-clause 9.7.1 (Communications and Notice), sub-clause 9.7.3 (Severability) and sub-clause 9.7.5 (Survival) shall continue and survive the termination.