TERMS OF SERVICE
1.
GENERAL
a)
This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures. This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of the Website www.taizo.in and the Application
‘Taizo’ (hereinafter referred to as the “App”) which is owned and operated
Taizo Technologies Private Limited. (hereinafter referred to as the “Company”), a private limited
company incorporated under the Indian Companies Act, 2013, having its
registered office at A-2, Happy Homes, New No. 9, Old No. 4, 4th
Main Road, United India Colony, Kodambakkam, Chennai, Tamil Nadu – 600
024.
b)
where such
expression shall, unless repugnant to the context thereof, be deemed to include
its respective representatives, administrators, employees, directors, officers,
agents and their successors and assigns.
c)
For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i)
The term ‘You’
and ‘User’, shall mean any legal person or entity
accessing or using the services provided on this App and/or Website, who is
competent to enter into binding contracts, as per the provisions of the Indian
Contract Act, 1872.
ii)
‘You’ where the context relates to ‘Business
User’ & ‘Business User’ means a corporate recruiter, who
is any legal person or entity accessing or using the services provided on this App
and/or Website having a profile of their organisation and other details
relevant to job aspirants, as displayed by the Company, who is competent to
enter into binding contracts, as per the provisions of the Indian Contract Act,
1872.
iii) The terms ‘We’,
‘Us’,
‘Our’ shall
mean the App and/or the Company, as the context so requires.
iv) The term ‘Services’ shall mean the business
of providing a portal between Business Users and Users where Users are job
aspirants who can upload their profiles and other relevant details about
themselves for the purpose of finding appropriate jobs, where Business Users
are corporate recruiters who can provide details of their organisations and
potential job opportunities, and where the App is an aggregator that connects
job seekers and recruiters by accurately matching candidate profiles with
relevant job openings.
v)
The terms ‘Party’
& ‘Parties’ shall respectively be used to refer to the User/Business
User and the Company individually
and collectively, as the context so requires.
d)
The headings of each
section in these Terms are only for the purpose of organizing the various
provisions under these Terms in an orderly manner, and shall not be used by
either Party to interpret the provisions contained herein in any manner.
Further, it is specifically agreed to by the Parties that the headings shall
have no legal or contractual value.
e)
The use of this App by the User/Business User is solely governed
by these Terms as well as the Privacy Policy and any modifications or
amendments made thereto by the Company, from time to time, at its sole
discretion. If You continue to access and
use this App/Website, you are agreeing to comply with and be bound by the
following terms and conditions of use and Our Privacy Policy. The User/Business
User expressly agrees and acknowledges that these Terms and Policy are
co-terminus, and that expiry/termination of either one will lead to the
termination of the other, save as provided in Section 7 hereunder.
f)
The User/Business User unequivocally agrees that these Terms and
the aforementioned Policy constitute a legally binding agreement between the User/Business
User and the Company, and that the User/Business User shall be subject to the
rules, guidelines, policies, terms, and conditions applicable to any service
that is provided by the Website/App, and that the same shall be deemed to be
incorporated into these Terms, and shall be treated as part and parcel of the
same. The User/Business User acknowledges and agrees that no signature or
express act is required to make these Terms and the Policy binding on the User/Business
User, and that the User/Business User’s act of visiting the any part of
the App/Website constitutes the User/Business User’s full and final
acceptance of these Terms and the aforementioned Policy.
g)
The Company reserves the sole and exclusive right to amend or
modify these Terms without any prior permission or intimation to the User/Business
User, and the User/Business User expressly agrees that any such amendments or
modifications shall come into effect immediately. The User/Business User has a
duty to periodically check the terms and stay updated on its requirements. If
the User/Business User continues to use the App/Website following such a
change, the User/Business User will be deemed to have consented to any and all
amendments/modifications made to the Terms. In so far as the User/Business User
complies with these Terms, it is granted a personal, non-exclusive,
non-transferable, revocable, limited privilege to access and use the App/Website.If
the User/Business User does not adhere to the changes, You must stop using the
Services at once. Your continuous use of the Services will signify your
acceptance of the changed terms.
2. REGISTRATION
To fully avail the Services of the App and use of it, a one-time User registration
is required to create a profile, for both the User and Business User. You may
access the Services by signing in as User by providing the following
information which shall include but not be limited to name, mobile number, PIN
number, profile photo, date of birth, gender, address, email address, job
details, preferred location, experience, education, languages known, skill videos
and images, amongst others.
You may access the Services by signing
in as a Business User by providing the following information which shall
include but not be limited to an email ID, mobile number, password, name,
company/organisation name, company logo, registration document, Aadhar ID,
photo, office address, LinkedIn profile URL and company URL (optional). This information is used to provide You with important services,
whether You are a job aspirant or a corporate recruiter either looking for
candidates to fit specific profiles, or just scouting for suitable talent in
the job market.
Registration for this App is available only to those above the age of 18
years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the App, You may NOT do so, and
the Company
reserves the right to terminate Your
account on knowledge of You being a minor and having registered on the App or
availing any of its Services.
Further, at any time during Your use of this App, including but not limited to the time of
registration, You are solely responsible for protecting the confidentiality of
Your Username and password, and any activity under the account shall be deemed
to have been done by You. In the case that You provide
Us with false and/or inaccurate details, or We have reason to believe You have
done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password.
You agree that you will not disclose your password to any third party and that
you will take sole responsibility for any activities or actions under your
account, whether or not you have authorized such activities or actions. You
will immediately notify us of any unauthorized use of your account.
3. SERVICE
OVERVIEW
The Website/App is a platform oriented toward employment, to be
used for professional networking, where job aspirants (Users) share relevant details
and experiences that could meet a present or future job opportunity, and
employers or corporate recruiters (Business Users) share organisational details
and job opportunities. The platform facilitates seamless interaction between
Users and Business Users, and provides valuable services by matching User
profile information with Business User requirements. The Business User can
access, download profiles and contact the candidates for shortlisting and
hiring.
4. ELIGIBILITY
a.
The User/Business User represents and warrants that he/she is
competent and eligible to enter into legally binding agreements and that he/she
has the requisite authority to bind himself/herself to these Terms, as determined
solely by the provisions of the Indian Contract Act, 1872. The User/Business
User may not use the App if
he/she is not competent to contract under the Indian Contract Act, 1872, or is
disqualified from doing so by any other applicable law, rule or regulation
currently in force.
5. CONTENT
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music and artwork (collectively,
"Content"), is generated/provided by a third party and We have no
control and make no guarantees regarding the quality, the accuracy, integrity
or genuineness of such Content.
The Business User is solely responsible for the integrity,
authenticity and genuineness of the details and information displayed on the App/Website
and whilst complaints or feedback of Users shall be made via the App/Website,
the App/Website bears no liability whatsoever for any complaints by the User
made in respect of any of the information posted by the Business Users on the App/Website.
The same holds true for the reverse scenario; i.e. in respect of information posted
by the User on the App/Website.
All aggregating functions as well as listing functions carried out
by the App are based on specific requirements as displayed by the Business
Users and profile information provided by Users. The App does not represent or
promote any specific organisation/group/entity, and any and all perceived
discrepancies in information between different Users/Business Users are
entirely due to discrepancies in uploaded information by the Users/Business
Users, and are not the responsibility of the App.
Further, the App reserves its right to suspend the account of any User
and/or Business User for an indefinite period to be decided at the discretion
of the App, or to terminate the account of any User and/or Business User who is
found to have displayed information or details that are found to be incorrect,
inaccurate, or misleading in any manner. The User and/or Business User shall be
solely responsible for making good any financial or legal losses incurred
through the display of information or details that are found to be incorrect,
inaccurate, or misleading in any manner.
The Users and Business Users have a personal, non-exclusive,
non-transferable, revocable, limited privilege to access the content on the App/Website.
Users and Business Users shall not copy, adapt, and modify any content without
written permission of the Company.
6. TERM
These Terms shall continue to form a valid and binding
contract between the Parties, and shall continue to be in full force and effect
until the User/Business User continues to access and use the App.
A User/Business
User may terminate his/her use of the App/Website at any time. The Company may
terminate these Terms and close a User/Business User account at any time
without notice and/or suspend or terminate a User/Business User’s access
to the App at any time and for any reason, in its sole discretion. Such
suspension or termination shall not limit our right to take any other action
against you that We consider appropriate.
It is also
hereby declared that the Company may discontinue the App/Website without any
prior notice.
7. TERMINATION
The Company reserves
the right, in its sole discretion, to unilaterally terminate the User/Business
User’s access to the Services, or any portion thereof, at any time,
without notice or cause. The App/Website also reserves the universal right to
deny access to particular User/Business Users, to any/all of its Services
without any prior notice/explanation in order to protect the interests of the
App/Website and/or other visitors to the App/Website. The App/Website reserves
the right to limit, deny or create different access to the App/Website and its
features with respect to different User/Business User(s), or to change any of
the features or introduce new features without prior notice. The User/Business
User shall continue to be bound by these Terms, and it is expressly agreed to
by the Parties that the User/Business User shall not have the right to
terminate these Terms till the expiry of the same.
By using this App, and
providing his/her contact information to the Company through the App, the User/Business
User hereby agrees and consents to receiving calls, auto-dialled and/or
pre-recorded message calls, e-mails, and SMSs from the Company and/or any of
its affiliates or partners at any time, subject to the Policy. In the event
that the User/Business User wishes to stop receiving any such marketing,
special offers or promotional calls/email messages/text messages, the User/Business
User may unsubscribe via email at info@taizo.in. The User/Business User agrees
and acknowledges that it may take up to fifteen (15) business days for the Company
to give effect to such a request by the User/Business User.
The User/Business User
expressly agrees that notwithstanding anything contained hereinabove, it may be
contacted by the Company or any of its affiliates/partners relating to any
service availed of by the User/Business User on the App or anything pursuant
thereto and the User/Business User agrees to indemnify the Company from any and
all harassment claims. It is expressly agreed to by the Parties that any
information shared by the User/Business User with the Company shall be governed
by the Policy.
10. USER/BUSINESS USER OBLIGATIONS
The User/Business
User agrees and acknowledges that he/she is a restricted User/Business User of
this App, and that he/she:
a) Agrees to
provide genuine credentials during the process of registration on the App. You
shall not use a fictitious identity to register. We are not liable
if the User/Business User has provided incorrect information. Agrees to
ensure the email address, address and mobile number provided during account Registration
are valid at all times and shall keep your information accurate
and up-to-date. The User/Business User can update his/her details anytime.
b) Agrees that
he/she are solely responsible for maintaining the confidentiality of your account
password. You agree to notify us immediately of any unauthorized use of your
account. We reserve the right to close your account at any time for any
or no reason.
c)
Understands and acknowledges that the data submitted
is manually entered into the database of the App/Website and all data in the App/Website
should be backed by hard copies or appropriate evidence for the purpose of verifying
the validity of the data. The User/Business User also acknowledges the fact
that data so entered into the database is for the purpose of easy and ready
reference alone.
d)
Authorizes the App/Website to use, store or otherwise process Your
personal information and corporate information for marketing and promotional purposes.
e)
Understands and agrees that, to the fullest
extent permissible by law, the App/Company and their successors
and assigns, or any of their affiliates or their respective officers, directors,
employees, agents, licensors, representatives, operational service providers,
advertisers or suppliers shall not be liable for any loss or damage, of any
kind, direct or indirect, in connection with or arising from use of the App or
from this terms of use, including, but not limited to, compensatory,
consequential, incidental, indirect, special or punitive damages.
f)
Is bound not to cut, copy, modify, recreate, reverse engineer,
distribute, disseminate, post, publish or create derivative works from,
transfer, or sell any information or obtained from the App/Website. Any such
use/limited use of the App/Website will only be allowed with the prior express
written permission of the Company. For the removal of doubt, it is clarified
that unlimited or wholesale reproduction, copying of the content for commercial
or non-commercial purposes and unwarranted modification of data and information
contained on the App/Website is expressly prohibited.
g)
Agrees not to access (or attempt to access) the App/Website and/or
the materials or services by any means other than through the interface
provided by the App/Website. The use of deep-link, robot, spider or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the App/Website or its content, or in any way reproduce or circumvent the
navigational structure or presentation of the App/Website, materials or any
content, or to obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the App/Website will
lead to suspension or termination of the User/Business User’s access to
the App/Website, as detailed in Section 11 herein below. The User/Business
User acknowledges and agrees that by accessing or using the App/Website or any
of the Services provided therein, it may be exposed to content that it may consider
offensive, indecent or otherwise objectionable. The Company disclaims any and
all liabilities arising in relation to such offensive content on the App/Website.
h)
The User/Business User expressly agrees and acknowledges that the information
displayed on the App/Website is not owned by the Company, and that the same has
been obtained from information provided by Users/Business Users, and other
publicly sourced materials, and that the Company is in no way responsible for
the content of the same. The User/Business User may however report any
offensive or objectionable content, which the Company may then remove from the App/Website,
at its sole discretion.
i)
The App/Website permits the User to post, or upload
data/information as user submissions, and the User undertakes to ensure that
such material is not offensive or objectionable, and is in accordance with
applicable laws. The User expressly agrees that any such material that is
deemed to be objectionable/offensive may be removed
from the App/Website immediately and without notice, and further that the
User’s access to the App/Website may also be permanently revoked, at the
sole discretion of the Company.
The User/Business User further undertakes not to:
i.
Abuse, harass, threaten, defame, disillusion, erode, abrogate,
demean or otherwise violate the legal rights of any other person or entity;
ii.
Engage in any activity that interferes with or disrupts access to
the App/Website or the services provided therein (or the servers and networks
which are connected to the App/Website);
iii.
Impersonate any person or entity, or falsely state or otherwise
misrepresent his/her affiliation with a person or entity;
iv.
Publish, post, disseminate, any information which is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever under any law, rule or
regulation currently in force; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
v.
Post or share any image/file/data with the Company that infringes
the copyright, patent or trademark of another person or legal entity;
vi.
Upload or distribute files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation of the App/Website;
vii.
Download any file belonging to another User/Business User of the App/Website
that the User/Business User is aware, or should reasonably be aware, cannot be
legally distributed in such a manner;
viii.
Probe, scan or test the vulnerability of the App/Website or any
network connected to the App/Website, nor breach the security or authentication
measures on the App/Website or any network connected to the App/Website. The User/Business
User may not reverse look-up, trace or seek to trace any information relating
to any other User/Business User of, or visitor to, the App/Website, or any
other viewer of the App/Website, including any User/Business User account
maintained on the App/Website not operated/managed by the User/Business User,
or exploit the App/Website or information made available or offered by or
through the App/Website, in any manner;
ix.
Disrupt or interfere with the security of, or otherwise cause harm
to, the App/Website, systems resources, accounts, passwords, servers or
networks connected to or accessible through the App/Website or any affiliated
or linked platforms;
x.
Collect or store data about other User/Business Users of the App/Website.
xi.
Use the App/Website or any material or content therein for any
purpose that is unlawful or prohibited by these Terms, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of this App/Website or any other third party (ies);
xii.
Violate any code of conduct or guideline which may be applicable
for or to any particular service offered on the App/Website;
xiii.
Violate any applicable laws, rules or regulations currently in
force within or outside India;
xiv.
Violate any portion of these Terms or the Policy, including but
not limited to any applicable additional terms of the App/Website contained herein
or elsewhere, whether made by amendment, modification, or otherwise;
xv.
Threaten the unity, integrity, defense, security or sovereignty of
India, friendly relations with foreign states, or public Order, or cause
incitement to the commission of any cognizable offence, or prevent the
investigation of any offence, or insult any other nation.
xvi.
Publish, post, or disseminate information that is false,
inaccurate or misleading;
xvii.
Directly or indirectly offer, attempt to offer, trade, or attempt
to trade, any item the dealing of which is prohibited or restricted in any
manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force.
xviii.
Commit any act that causes the Company to lose (in whole or in
part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other
supplier/service provider of the Company/App;
xix.
Engage in advertising to, or solicitation of, other User/Business
Users of the App/Website to buy or sell any products or services not currently
displayed on the App/Website. The User/Business User may not transmit any chain
letters or unsolicited commercial or junk email/messages to other User/Business
Users via the App/Website. It shall be a violation of these Terms to use any information
obtained from the App/Website to harass, abuse, or harm another person, or to
contact, advertise to, solicit, or sell to another User/Business User of the App/Website
without the express prior written consent of the Company.
The User/Business
User hereby expressly authorizes the Company/App to disclose any and all
information relating to the User/Business User in the possession of the Company/App
to law enforcement or other government officials, as the Company may in its
sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those involve personal
injury and theft/infringement of intellectual property. The User/Business User
further understands that the Company/App might be directed to disclose any
information (including the identity of persons providing information or materials
on the App) as necessary to satisfy any judicial Order, law, regulation or
valid governmental request.
11. SUSPENSION OF USER/BUSINESS USER ACCESS AND ACTIVITY
Notwithstanding other legal
remedies that may be available to it, the Company may in its sole discretion limit the User/Business
User’s access and/or activity by immediately removing the User/Business
User’s access credentials either temporarily or indefinitely, or
suspend/terminate the User/Business User’s association with the App/Website,
and/or refuse to usage of the App/Website to the User/Business User, without
being required to provide the User/Business User with notice or cause:
a)
If the User/Business User is in breach any of these Terms or the
Policy;
b)
If the User/Business User has provided wrong, inaccurate,
incomplete or incorrect information;
c)
If the User/Business User’s actions may cause any harm,
damage or loss to the other User/Business Users or to the App/Company, at the
sole discretion of the Company.
12. INDEMNITY
a.
You agree to indemnify, defend and hold
harmless the Company/App, its independent service providers, and
consultants, and their respective directors, officers, employees and agents (collectively,
"Parties"), from and against any and all losses, liabilities, claims,
damages, demands, costs and expenses (including legal fees and disbursements in
connection therewith and interest chargeable thereon) asserted against or incurred
by us that arise out of, result from, or may be payable by virtue of, any
breach or non-performance of any representation, warranty, covenant or
agreement made or obligation to be performed by you pursuant to these terms of
use. further, You agree to hold us harmless against any claims made by any
third party due to, or arising out of, or in connection with:
i.
Your use of the App/Website,
ii.
Any Discussions or Messages you provide;
iii.
Your violation of these Terms and Conditions;
iv.
Your violation of any rights of another;
v.
Your conduct in connection with the App/Website;
vi.
Your internal disputes amongst other Users/Business Users; or
b.
You agree to fully cooperate in indemnifying Us
at Your expense. You also agree not to reach a settlement with any party
without our consent.
In no event
shall the Company/App be liable to
compensate the User/Business User or any third party for any special,
incidental, indirect, consequential or punitive damages whatsoever, including
those resulting from loss of use, data or profits, whether or not foreseeable, and
whether or not the Company/ App had been advised of the possibility of such
damages, or based on any theory of liability, including breach of contract or
warranty, negligence or other tortuous action, or any other claim arising out
of or in connection with the User/Business User’s use of or access to the
App and/or the services or materials contained therein.
13. LIMITATION OF LIABILITY
a.
The Founders/ Promoters/ Associated people of the App/Website are
not responsible for any consequences arising out of the following events:
i.
If the App/Website is inoperative/non-responsive due to any connectivity
errors associated with the internet connection such as but not limited to slow
connectivity, no connectivity, server failure;
ii.
if the User/Business User has fed incorrect figures or data or for
any deletion of data;
iii.
if there is undue delay or inability to communicate through email;
iv.
if there is a failure in the functioning of any other service
provided by the App/Website.
b.
The App/Website accepts no liability for any errors or omissions,
whether on behalf of itself or third parties, or for any damage caused to the User/Business
User, the User/Business User’s belongings, or any third party, resulting
from the use or misuse of the App/Website or any product purchased or service
availed of by the User/Business User through the App/Website. The service and
any content or material displayed on the service is provided without any
guarantees, conditions or warranties as to its accuracy, suitability,
completeness or reliability. The App/Website will not be liable to you for the
unavailability or failure of the App/Website.
c.
User/Business Users may be held legally responsible for damages
suffered by other User/Business Users, the App/Website or any third party as a
result of legally actionable or defamatory comments, remarks, or other
information or content posted to the App/Website.
d.
User/Business Users are to comply with all laws applicable to them
or to their activities, and with all Policies, which are hereby incorporated
into this Agreement by reference.
e.
The App/Website expressly excludes any liability for any
loss or damage that was not reasonably foreseeable by the App/Websiteand
which is incurred by you in connection with the App/Website, including loss of profits;
and any loss or damage incurred by you as a result of your breach of these
terms.
f.
To the fullest extent permitted by law, the App/Website
shall not be liable to You or any other party
for any loss or damage, regardless of the form of action or basis of any claim.
You acknowledge and agree that your sole and exclusive remedy for any dispute
with us is to terminate your use of the App/Website.
14. INTELLECTUAL PROPERTY RIGHTS
Unless
expressly agreed to in writing, nothing contained herein shall give the User/Business
User a right to use any of the App/Website’s trade names, trademarks,
service marks, logos, domain names, information, questions, answers, solutions,
reports and other distinctive brand features, save according to the provisions
of these Terms. All logos, trademarks, brand names, service marks, domain
names, including material, designs, and graphics created by and developed by
the App/Website and other distinctive brand features of the App/Website are the
property of the Company. Furthermore, with respect to the App/Website created
by the Company, the Company shall be the exclusive owner of all the designs,
graphics and the like, related to the App.
The User/Business
User may not use any of the intellectual property displayed on the App/Website
in any manner that is likely to cause confusion among existing or prospective User/Business
Users of the App/Website, or that in any manner disparages or discredits the Company/App,
to be determined in the sole discretion of the Company.
The User/Business
User is aware all intellectual property, including but not limited to
copyrights, relating to said services resides with the owners, and that at no
point does any such intellectual property stand transferred from the
aforementioned creators to the Company, or to the User/Business User.
The User/Business
User is further aware that any reproduction or infringement of the intellectual
property of the aforementioned owners by the User/Business User will result in
legal action being initiated against the User/Business User by the respective
owners of the intellectual property so reproduced/infringed upon. It is agreed
to by the Parties that the contents of this Section shall survive even after
the termination or expiry of the Terms and/or Policy.
15. DISCLAIMER OF WARRANTIES AND LIABILITIES
a)
The User/Business User agrees and undertakes that they are accessing
the App/Website and transacting at his/her sole risk and are that it is using
his/her best and prudent judgment before availing any service listed on the App/Website,
or accessing/using any information displayed thereon.
b)
The User/Business User agrees that any kind of information,
resources, activities, recommendations obtained/availed from App/Website,
written or oral, will not create any warranty and the App/Website disclaims all
liabilities resulting from these. You are solely responsible for your communication/interaction
with other User/Business Users on the App/Website and the App/Website
doesn’t make any warranty about the conduct of User/Business Users on the
App/Website.
c)
The Company/App does not guarantee that the functions, products
and services contained in the App/Website will be uninterrupted or error-free,
or that the App/Website or its server will be free of viruses or other harmful
components, and the User/Business User hereby expressly accepts any and all
associated risks involved with the User/Business User’s use of the App/Website.
d)
The App/Website may avail services from third party to serve you
better and these services will be provided on “as is” basis and the
App/Website disclaims any liabilities resulting from these third party services.
The App/Website will not be responsible for any internet delays and damages
caused by such problems.
e)
It is further agreed to by the Parties that the contents of this
Section shall survive even after the termination or expiry of the Terms and/or
Policy.
16. FORCE MAJEURE
Neither the Company
nor the App/Website shall be liable for damages for any delay or failure to
perform its obligations hereunder if such delay or failure is due to cause
beyond its control or without its fault or negligence, due to Force Majeure
events including but not limited to acts of war, acts of God, earthquake, riot,
fire, festive activities sabotage, labor shortage or dispute, internet interruption,
technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or
unauthorized.
It is expressly
agreed to by the Parties hereto that the formation, interpretation and performance
of these Terms and any disputes arising there from will be resolved through a
two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that
the contents of this Section shall survive even after the termination or expiry
of the Terms and/or Policy.
a)
Mediation: In case of
any dispute between the parties, the Parties will attempt to resolve the same
amicably amongst themselves, to the mutual satisfaction of both Parties. In the
event that the Parties are unable to reach such an amicable solution within
thirty (30) days of one Party communicating the existence of a dispute to the
other Party, the dispute will be resolved by arbitration, as detailed herein
below;
b)
Arbitration: In the
event that the Parties are unable to amicably resolve a dispute by mediation,
said dispute will be referred to arbitration by a sole arbitrator to be
appointed by the Company, and the award passed by such sole arbitrator will be
valid and binding on both Parties. The Parties shall bear their own costs for the
proceedings, although the sole arbitrator may, in his/her sole discretion,
direct either Party to bear the entire cost of the proceedings. The arbitration
shall be conducted in English, and the seat of Arbitration shall be the city of
Chennai.
The Parties expressly agree that the Terms, Policy and any other
agreements entered into between the Parties are governed by the laws, rules and
regulations of India.
18. NOTICES
Any and all
communication relating to any dispute or grievance experienced by the User/Business
User may be communicated to the Company by the User/Business User writing an
email to legal@taizo.in.
19. MISCELLANEOUS PROVISIONS
a)
Entire
Agreement: These Terms, read with the Policy form the complete and final
contract between the User/Business User and the Company with respect to the
subject matter hereof and supersedes all other communications, representations
and agreements (whether oral, written or otherwise) relating thereto.
b)
Waiver: The failure
of either Party at any time to require performance of any provision of these
Terms shall in no manner affect such Party's right at a later time to enforce
the same. No waiver by either Party of any breach of these Terms, whether by
conduct or otherwise, in any one or more instances, shall be deemed to be or
construed as a further or continuing waiver of any such breach, or a waiver of
any other breach of these Terms.
c)
Severability: If any
provision/clause of these Terms is held to be invalid, illegal or unenforceable
by any court or authority of competent jurisdiction, the validity, legality and
enforceability of the remaining provisions/clauses of these Terms shall in no
way be affected or impaired thereby, and each such provision/clause of these
Terms shall be valid and enforceable to the fullest extent permitted by law. In
such case, these Terms shall be reformed to the minimum extent necessary to correct
any invalidity, illegality or unenforceability, while preserving to the maximum
extent the original rights, intentions and commercial expectations of the
Parties hereto, as expressed herein.
d) Contact Us: If you have any questions about this Agreement, the practices of the App, or your experience with the Service, you can e-mail us at legal@taizo.in.