TERMS AND CONDITIONS
These Terms of Use ("Terms and Conditions") mandate the terms on which the users ("You" or "Your" or "User") access
and register on the website www.coffeeweb.com and/or mobile application
"CoffeeWeb" referred to as, "the Platform" owned and operated by CoffeeWeb Technologies Private Limited.
CoffeeWeb Technologies Private Limited shall also allow its associates, group and subsidiary companies, together
referred to as "Company" or "We" or "Us" to use the Platform as per the requirements.
1. Platform Service(s):
You acknowledge that the Platform allows You to avail the services directly from the Company and/or its group
entities and affiliates including their products and services and facilitate communication with them for such
services, and other related information. The Company hereby grants You, a limited, non-exclusive, non-transferable,
royalty-free license to use the Platform for the purposes of availing the services from the Company and its group
entities and affiliates, collectively herein after referred to as Platform Services.
Platform service(s):
Display of Global news about Coffee
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.
In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the
customer service of the Company prior to pursuing any other recourse. The complaints can be lodged at support@CoffeeWeb.com and upon lodging a complaint You agree to provide
complete support to the customer service team with such reasonable information as may be sought by them from You
along with necessary documents, emails, screenshots as available with You forming part of the said complaint. The
decision of the Company on the complaints shall be final and You agree to be bound by the same.
2. Use of the Platform
- Subject to compliance with the Terms of Use, the Company hereby grants You a non-exclusive, limited privilege to
access and use this Platform.
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You agree to use the Platform only:
- (a) for purposes that are permitted by the Terms of Use; and
- (b) in accordance with any applicable law, regulation or generally accepted practices or
guidelines.
- You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display,
perform, modify, alter, transmit, license, transfer or in any way exploit any part of any information, content,
materials, services available from or through the Platform, except that You may download the Platform for Your own
personal, internal use and non-commercial use. You agree that You will not use the Platform in any manner or
engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere
with any other users/user, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text,
copyright or other proprietary notices contained in the content downloaded from the Platform. Further, You
undertake not to:
- Create a false identity on the platform, misrepresent your identity and operate the account;
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others
- Copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through
any medium without obtaining the necessary authorization from the Company
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that
may damage the operation of the Platform or another's computer
- Engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks
which are connected to the Platform)
- Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks
connected to the Platform, to any of the Company's server, or through the Platform, by hacking, password mining or
any other illegitimate means
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the
security or authentication measures on the Platform or any network connected to the Platform. You may not reverse
look-up, trace or seek to trace any information on any other User, of or visit or to, the Platform, to its source,
or exploit the Platform 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 own information, as provided on the Platform;
- 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
- Collect or store data about other Users in connection with the prohibited conduct and activities
- Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any
transaction being conducted on the Platform, or with any other person's use of the Platform
- Use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of
Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the
Company or other third parties
- 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
- Violate any applicable laws or regulations for the time being in force within or outside India or anyone's right
to privacy or personality
- Violate the Terms of Use contained herein or elsewhere
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any
information or software obtained from the Platform
- Breach Intellectual Property Rights
- The Platform and all information, content, materials, products including, but not limited to text, content,
photographs, graphics, texts, video and audio content and computer code ("Content") on the Platform is owned and
controlled by the Company and the design, structure, selection and feel and arrangement of the Content is
protected by copyright, and trademark laws and other various intellectual property rights either in favour of the
Company or the directors of the Company. The trademarks, logos and service marks displayed on the Platform
("Marks") are the property of the Company. You are not permitted to use the Marks without the express prior
written consent of the Company that owns the Marks.
3. Disclaimer of Warranties, Indemnification and Limitation of Liability
- You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and
other Content are provided by the Company on an as is basis without warranty of any kind, express, implied,
statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness
for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or
Platform Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or
error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or
reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or
written, obtained by You from the Company shall create any warranty not expressly stated in the Terms of Use.
- 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 with
respect to the misuse, loss, modification or unavailability of any user Content. Further, the Company will not be
liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information
in connection with the Platform or the Platform Services either with or without your knowledge.
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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
regarding the Platform Services or otherwise. 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.
Further, the Company shall not be held responsible for non-availability of the Platform during periodic
maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical
reasons or for any reason beyond the Company's control. You understand and agree that any material or data
downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that
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 liable in contract, tort, delict or otherwise for any loss of revenue
business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss
whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence of
the Company).
- You acknowledge that the software and hardware underlying the Platform as well as other internet
related software which are required for accessing the Platform are the legal property of the respective vendors.
The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in
the above software to You.
- The Company is not responsible for the availability of content or other services on third party
sites linked from the Platform and the Company urges You to read the terms of use of the respective third party
sites, before accessing or registering with any of such third party sites. Further, the Company does not make any
warranties and expressly disclaims all warranties express or implied, including without limitation, those of
merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or
services or products that are available or advertised or sold through these third-party websites.
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The Company shall not be liable for error on the Platform or for any failure on part of the Company to perform any
of its obligations under these Terms of Use if performance is prevented, hindered or delayed by a Force Majeure
event (defined below) and in such case its obligations under these Terms of Use shall be suspended for so long as
the Force Majeure event continues. The term "Force Majeure Event" means any event due to any cause beyond the
reasonable control of the affected party, including without limitations, unavailability of any communication
systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion,
acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of
government, computer hacking, unauthorised access to computer data and storage devices, computer crashes,
malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or
corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in
telecommunication etc.
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You agree to indemnify the Company, its directors and employees from any losses, damages, penalties, claims, costs
and demands (including reasonable attorney fees and legal costs) arising out of Your breach or non-performance
and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms of
Use or due to your acts or omissions. You further agree to hold the Company and affiliates harmless against any
claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any
misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or
Your violation of any rights of another, including any intellectual property rights. In no event shall the Company
and affiliates and their officers, partners, consultants, agents and employees, be liable to You or any third
party for any special, incidental, indirect, consequential or punitive damages
whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.
The limitations and exclusions in the Terms of Use apply to the maximum extent permitted by applicable laws
- You warrant that all the details and information provided by You to the Company and affiliates
while using this Platform are correct, accurate and genuine. You further warrant that providing such details and
information on the Platform or sharing of the aforesaid details/information shall not violate any third party
rights or the intellectual property right of any third party.
LIMITATION OF LIABILITY
Users exclusive remedy and the Company's entire liability under this Terms of Use if any, for any claim(s) or
damages made against them individually or jointly whether based in contract or negligence shall be limited to the
aggregate amount of the charges paid by Users relative to the database which is the basis of the claim(s) during
the period of subscription. The present indemnity shall remain in effect for the period of continued subscription.
4. Eligibility to Use
By accepting the Terms of Use,You hereby represent that:
You are of 18 (eighteen) years of age or older and in case of You are acting as guardian on
behalf of a minor, You have the necessary authority to register/sign up on the Platform for the availing the
Services on behalf of the minor
You are of legal age to form a binding contract, are not a person barred from receiving the
Platform Services under the applicable laws and are competent to enter into a binding contract
You agree to abide by the Terms of Use and any other information provided by You on and through
the Platform for the provision of the Platform Services
5. User Account,Password and Security
- In order to access the Services on the Platform, You will have to register on the Platform by
providing details as may be required by the Company and provided for in the Privacy Policy ("Account").
- You shall ensure and confirm that the Account information and all information provided by You is
complete, accurate and up-to-date. If there is any change in the Account information, or if any information is
found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request
the Company for information revision or update. If You provide any information that is untrue, inaccurate,
unauthorised, 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 refuse any and all the Services.
6. Payment related Information
- The information relating to the accepted payment methods on the Platform shall be displayed
during the purchasing process.
- To the extent permitted by applicable law and subject to the Privacy Policy, You acknowledge
and agree that the Company may use certain third-party vendors and service providers, including payment
gateways, to process payments and manage payment card information.
- 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: (a) Your bank account or any other payment did not contain sufficient
funds to complete the transaction; (b) You have not provided the Company with correct Payment Details; (c) Your
payment card has expired; or (d) circumstances beyond the Company's reasonable control (such as, but not limited
to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent
the execution of the transaction.
- The Platform shall not be responsible for any unauthorized transactions conducted on our
Platform using Your Payment Details. The Platform shall not be obligated to refund any money to You in such
instances.
7. Subscription Fees
- The subscription fees of each of the Services shall be displayed on the Platform. The prices mentioned at the
time of subscribing the Service shall be the price charged at the time of providing the Service. All the
Services listed on the Platform will be available for subscription at Indian Rupees and for Users outside India
subscription fees will be in US Dollars. The subscription fees for the Services may be modified from time to
time.
- The User will be informed about any additional charges, fees, and costs if any that may be levied on the
subscription for the Services on the Platform at the checkout page during a transaction. The Company does not
manipulate the subscription fees for any Services offered on the Platform. .
8.Refunds and cancellations
REFUNDS
The payment made against the Subscription is not refundable under any circumstances.
In addition to the subscription fee and usage charges, the subscriber is liable to pay any and
all taxes, duties and levies which may be applicable as per law or regulation and which the platform may apply to
the total billing of the subscriber.
A detailed statement of the subscription and usage charges, for subscribers under Transactional
Pricing, which the subscriber may incur, will be available for the subscriber to view and verify on the
information service. This shall be treated as final and binding unless the subscriber shall bring to the notice of
CoffeeWeb any discrepancies within seven days of the charge having been debited to it/him after which period any
such charges shall be deemed to have been debited and accepted by the subscriber.
We use third-party payment processors (the "Payment Processors") to bill you through a payment
account linked to your Account on the Services (your "Billing Account") for use of the paid Services. The
processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors. We
are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us,
through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in
accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your
chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We
reserve the right to correct any errors or mistakes that it makes even if it has already requested or received
payment.
Cancellations
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At cancellation, your Account will be inactivated and you will no longer be able to log into our site and/or
have any access to the Services. Except exceptional circumstances, no refunds or returns will be issued. If
Company is proven to be at fault, refunds or returns will be considered but cannot be guaranteed. The decision
of refund will be taken by Company only. The process of refund may take time subject to the timely information
received from the user and completion of all formalities. You must provide current, complete and accurate
information for your billing account. You must promptly update all information to keep your billing account
current, complete and accurate (such as a change in billing address, credit card number, or credit card
expiration date). Any error or default in entering the details of your billing account will be solely your
responsibility. Company will not be responsible for any loss on account of any error or omission caused from
your end in
providing wrong details. You must use the Company's Platform to make your payments. We take no responsibility
and liability for any payment made using any other link not hosted and created by Company's Platform.
9.Renewals/Delayed Payments
- User intending to renew the subscription must ensure that renewal request along with the payment
as due at the time of and for renewal is sent to the Company on or before the last due date i.e. the date until
when the last subscription period is valid. The Users account will be deactivated on the expiry of validity period
of subscription.
- Without prejudice to its rights, the Company in its sole discretion shall reserve the right to
extend the subscription/ access period in the event of receiving assurance to clear the renewal charges within a
period not later than 15 days from the date of expiry of valid subscription period.
- Company also reserves the right to recover the assured amount, in the event of non-renewal and
non-payment from the User in any legal manner, under civil or criminal law, and the subscriber shall be liable for
any costs thereof.
10. Modifications
- The prices, terms and conditions and/ or other matters provided in the Price List, and any
modifications carried out by the Company and any notices served upon the Users by the Company shall be deemed to
be included in the terms and conditions herein.
- Company reserves the right to modify the terms and conditions including the subscription and
the charges, and to introduce new ones. Such modifications shall become effective forthwith on the issue of
either specifically to the User or generally a notice to that effect by the Company by pop-up with in the
platform.
- The subscription amount paid by the User shall be for the fixed term/ plan and any
modification in the subscription charges shall be applicable on the commencement of next renewed plan term.
- However, the introduction of any additional feature/ database by third party content provider
through the Platform will be made available to the existing User only after making up the deficit payment.
- The Users continued use of service after the publication of the notice conveying the
modification shall conclusively be deemed to be the acceptance of the modified terms and conditions.
- The Company has the right to prevent access to all or part of the Platform without notice, if
the conduct of the user is in contravention with the Terms of Use or the applicable laws. Company shall have a
right to make such additions to, deletions from and other modifications, as it may deem fit, of the database and
in the database, and/ or the manner of presenting and providing such databases, including the basic structure
and features thereof, without giving notice thereof to the subscriber.
- Company shall not be liable or responsible, whether under law or equity, for any delays,
defaults or interruptions in the performance of the Service.
11.Intellectual Property Rights
- Except as expressly provided in the Terms and Conditions of the Platform, nothing contained
herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under
copyright or other intellectual property rights.
- The User agrees that copyrights, trademarks, patents, designs and other proprietary rights and
laws protect the Platform. Any rights not expressly granted herein are reserved
- The User is also cautioned against any conduct on his part that infringes or purports to
infringe the copyright or other proprietary rights or laws. The user shall not, under any circumstances
whatsoever, use the printouts of the material available on the Platform for any purpose that violates the
copyright or any other proprietary rights of the Company.
12.Limitations on Use
- The Content on the Platform is for personal use only and not for commercial exploitation.
- You shall not access or use for any commercial purposes any part of the Platform. You shall not (directly or
indirectly): (i) decipher, decompiler, disassemble, reverse engineer or otherwise attempt to derive any source
code or underlying ideas or algorithms of any part of the Services (including without limitation any
application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify,
translate, or otherwise create derivative works or material of any part of the Services, or (iii) copy, rent,
lease, distribute, or otherwise transfer any of the rights that you receive hereunder (iv) print, copy, modify,
download through any medium (hard-drive, memory stick, floppy disk etc.) or otherwise use the contents hosted on
the website violating the terms of service. Nor may you use any network monitoring or discovery software to
determine the Site architecture, or extract information about usage or users.
- You may not use any robot, spider, other automatic device, software, or manual process to monitor or copy our
Platform or the Content without the Company's prior written permission.
- You may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for
commercial, non-profit or public purposes all or any portion of the Platform, except to the extent permitted
above.
- User undertakes to use its reasonable endeavours to ensure that the Platform shall not be accessed or used by
third parties other than those entitled to do so by virtue of this Terms and Conditions.
13.Termination
- The services so offered by the Company, are subject to the user agreeing to all the terms and conditions of
the
license. In case any of the terms are revoked, the Company is entitled to terminate this subscription and
discontinue the Users right to access the service. However, the Company shall not be liable to make any refunds
in
the event of User indulging into activities strictly refrained from.
- In case of breach of the Terms and Conditions, your right to use the Platform will cease immediately and you
must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in
or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted
are
reserved by the website owner. Any use of the Platform not expressly permitted by these Terms and Conditions is
a
breach of these Terms and may violate copyright, trademark and other laws.
14.Consequences of Termination
- The warranties and indemnities, the provisions in relation to the payment of money due to the Company and the
restrictions on the rights of the User in relation to the use of the Database, contained herein shall survive
the
termination or expiry of this subscription.
15.License of your Content to provider
- By uploading Content to submitting any materials for use on the Platform, you grant (or warrant that the owner
of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative the universe.
16. Errors and Corrections
- The Company makes reasonable effort to ensure that the information provided on the Platform is accurate but
does
not represent or warrant that the information available on or through the Platform will be correct, accurate,
reliable, uninterrupted, or timely.
- The Company does not represent or warrant that the Platform will be error free, free of viruses or other
harmful
components, or that the defects will be corrected.
- The User is responsible for implementing sufficient procedures and checkpoints to satisfy his particular
requirements for accuracy of data, input and output and for maintaining a means, external to the Web Site for
the
reconstruction of any lost data.
17.Advertisements
- Platform may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring
that
material submitted for inclusion on the Platform is accurate and complies with applicable laws.
- Company will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors
materials.
18.Notice
- All notices from the Company will be served by email to Your registered email address or by general notification
on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to
support@CoffeeWeb.com with subject line Attention: TERMS AND CONDITIONS.
19.Severability of Provisions
- If, for any reason, a court of competent jurisdiction finds any provision of the Terms and Conditions, or any
portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to
give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and
Conditions shall continue in full force and effect.
20.Remedies for Violations
- Company reserves the right to seek all remedies available at law and equity for violations of the Terms and
Conditions, including but not limited to, the right to block access from a particular Internet address to Platform
and its features.
21.Governing law and Jurisdiction
- The Terms and Conditions are governed by and construed in accordance with the Indian Law and any action arising
out of, or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate Courts at
Bengaluru, Karnataka only and you hereby consent and submit to the personal jurisdiction of such courts for the
purpose of litigating any such action.
22. Waiver
- The failure by either party to enforce at any time or for any period any one or more of the terms and conditions
herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions
herein.
23.Link to Other Websites and Linking Disclaimer
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Links may appear on the blog that may be used to link to other blog(s) or websites. These links are provided
solely as a courtesy to our blog visitors. Company has no control over the linked sites or the materials,
information, goods or services available or contained on these linked sites. Company is not responsible for and
does not endorse or warrant in any way any materials, information, goods or services available through such linked
sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so
entirely at your own risk. Company reserves the right to terminate any link at any time. Many of the links on this
blog will take you to sites operated by third parties. The Platform have not reviewed all of the information on
these sites or the accuracy or reliability of any information, data, opinions, advice, or statements on these
sites. The Platform do not endorse these sites, or opinions they may offer. These third-party
links are offered solely for the purpose of discussion and thinking on related information and other related
topics. It is also possible that some of the pages linked may become inactive after the lapse of a period of time.
Company neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability
for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or
consequential or any violation of local or international laws that may cause infringement by your visiting and
transacting on these websites as well as on using websites links which are provided on these websites.
- Third party Content may appear on the Platform or may be accessible via links from the Platform. Company shall
not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander,
libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or
any other form of Content contained in any third-party content appearing on the Platform. Company has no control
or authority either over the Content or presentations thereof, which solely represent the thoughts of the author
and is neither endorsed by, nor does it reflect the belief of the Company.
- Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on
account of reliance on such Content, is wholly disclaimed by the Company.
24.Content Removal
- The Company can remove / restrict any content or information that you share on the Platform if we believe that
it violates these Terms and Conditions, any information which is not related to coffee or if required to do so by
law.
25.Force Majeure
- Company's performance under this Agreement is subject to interruption and delay due to causes beyond its
reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the
elements, fire, explosion, power failure, failure of the Internet, COVID or any pandemic disease and other
networks beyond the control of the Company, equipment failure, industrial or labour dispute, inability to obtain
essential supplies and the like.
26.Dispute Resolution
- Any dispute or difference between the Company and User arising out of or relating to the existence, validity,
interpretation, performance or termination of, or otherwise in connection with this Terms and Conditions
("Dispute"), shall at first instance be attempted to be amicably settled between the parties through good faith
negotiations. Either party shall be entitled to invoke such negotiations by giving to the other party a notice to
that effect ("Dispute Notice"). If a Dispute is not resolved by way of good faith negotiations within a period of
Sixty (60) days from the date when the Dispute Notice was received by the receiving party then either party shall
be entitled to refer the Dispute to arbitration in the manner described below.
- Any Dispute not resolved by way of good faith negotiations within a period of sixty (60) days from the date when
the Dispute Notice was received by the receiving party, shall be finally resolved by arbitration in accordance
with the provisions of this clause 28.
- The provisions of the Arbitration and Conciliation Act, 1996, as amended ("Arbitration Act"), will apply to such
arbitration:
- The arbitration shall be conducted by a single arbitrator who shall be appointed by the mutual consent of both
parties. If the parties are not able to reach a decision to appoint the arbitrator within sixty (60) days of the
date when the good faith negotiations mentioned above have failed, then the Dispute shall be referred to a panel
of three (3) arbitrators. One (1) arbitrator shall be appointed by each party within thirty (60) days of the
parties failing to reach an agreement to appoint the sole arbitrator as aforesaid. The two (2) arbitrators so
appointed by the parties shall appoint the third presiding arbitrator within thirty (30) days of their
appointment, failing which the third presiding arbitrator shall be appointed in accordance with the provisions of
the Arbitration Act.
- The arbitration proceedings shall be conducted in English.
- The place of arbitration shall be Bengaluru, Karnataka, India.
- The award of the arbitrator(s) shall be final and binding on both parties. The arbitrator(s) shall state
reasons for its/their findings in writing.
- The costs of arbitration shall be determined by the arbitrator(s).
- In relation to any arbitration proceedings, the parties agree that the courts at Bengaluru, Karnataka, shall
have exclusive jurisdiction to the extent the court has jurisdiction under the Arbitration Act.