TERMS OF SERVICE
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures.
- The Application Texcal and the website www.texcalapp.com, (hereinafter referred to as "Website" or “App” ), owned by Advantex Technology Solutions LLP, a Limited Liability Partnership incorporated under the provisions of the Limited Liability Partnership Act, 2008, and having its Registered Office at 3, Moira Street, Kolkata – 700 017, West Bengal, India, represented by its partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
- We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
- "We", "Us", "Our" shall mean Advantex Technology Solutions LLP or LLP.
- “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
- "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by installing the Website. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
- "Client" shall mean any User who shall utilize the Website or Application Platform to request Services to be performed by the Website or Application respectively.
- “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and Advantex Technology Solutions LLP. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
- "Services" means providing of calculation tools and formulae for textile technicians.
- ONLINE/ MOBILE WEBSITE PLATFORM
Texcal is a mobile app and online website which facilitates textile technicians as well as individuals in the textile industry to calculate and plan production via the calculation tools programmed into the App and Website. The Mobile Application provides the following features to a User:
- Pre-programmed formulas for calculations required in textile industry like spinning, weaving, knitting and processing.
- Users can create their own formulas and save on the device.
- Users can save the results and input values and share with their contacts that are using the application.
- A Forum to correspond with peers for queries with regard to the textile industry.
- A comprehensive study of industry norms to check industry standards.
- An online market place to interact and get contacts for buyers and sellers within the textile industry and its ancillaries.
- Monetary transactions between Clients.
The Website shall provide the following features to a User:
The above mentioned features shall be introduced in a phased out manner at the sole discretion of the Company. You hereby understand and agree that the above mentioned list of features is only indicative and We may or may not introduce these features.
- Pre-programmed formulas for calculations required in textile industry like spinning, weaving, knitting and processing.
- An online forum to correspond with peers for queries with regard to the textile industry.
- A comprehensive study of industry norms to check industry standards.
- An online market place to interact and get contacts for buyers and sellers within the textile industry.
- Monetary transactions between Clients.
The 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 may not use this Website/ Mobile 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.
In order to access the Website/Application, you are required to register with certain key information.
To create an account, you are required to login with information including but not limited to your name, address, e-mail address, contact number, industry experience in terms of years, salary etc. The e-mail address you provide when you register is permanent and cannot be altered or edited at a later stage.
By registering for an account, you agree to (a) provide accurate, truthful, complete information, (b) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer, (c) promptly notify Us if you discover or otherwise suspect any security breaches related to the platform, and (b) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. User agrees that User is not a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act.
All information provided by the User, Clients and Service vendor must be true, accurate and complete. We reserve the right (but have no obligation) to verify any and all information provided on a User's profile.
The User is solely responsible for ensuring and maintaining the secrecy and security of the User’s account password. The User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on the Website or Application.
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 Plan/Scheme so choosen by the User expires by efflux of time;
- The User continues to access and use the Website/ Mobile App; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties; whichever is applicable. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 15, 16, 18, 22 & 26, shall continue to remain in full force and effect indefinitely.
The LLP reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website and the Mobile App, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 6 hereinabove.
Either party may terminate the Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account), provided, that any such termination for convenience shall not affect the validity of any Service Contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to such Service Contracts.
The Client may terminate the Contract at any time but may not recover any payments made for the service of the Website/Application unless mutually agreeable. The Service vendor may terminate a Service Contract at any time if no payment has been made by the LLP.
Termination shall not relieve the Client of the requirement to pay for time spent and expenses incurred prior to the effective date of the termination, which fees and expenses, together with any applicable taxes, shall be invoiced to Client following termination. The Client shall under no circumstances, whatsoever, claim refund of the money paid or any part thereof for the unutilised membership period/time.
You may also be contacted by Service Vendors with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become acquaintances with from the website. Such contact shall be made only in pursuance of such objectives, and services and no other calls shall be made. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The use of the Website Application and the downloading and installing of the Mobile Application is subject to a free trial period. The User, upon registration, is provided with a thirty (30) days free trial period. At the end of the free trial period, the User is required to submit a detailed a questionnaire and can thus use the Website/Mobile Application for free for another 60 days. The User of the Website/Mobile Application is required to pay a subscription amount in the following circumstances:
- The User opts to not fill the questionnaire after the thirty (30) day free trial period.
- The User after the ninety (90) day free trial period opts to continue using the Website/App.
- The User may also want to pay without filling the questionnaire. However, any time during the subscription, if the User opts to fill the questionnaire, he/she shall be entitled to 2 months of extended subscription.
The User of the Mobile Application is required to pay a subscription amount of Rs. 500/- (Rupees Five Hundred Only) or as may be defined from time to time for existing or new facilities introduced.
The User of the Website is required to pay a subscription amount of Rs. 200/- (Rupees Two Hundred Only) per service that he opts for or as may be defined from time to time for existing or new facilities introduced.
In case a User registers for the Website and thereafter registers for the Mobile Application, the amount charged for the usage of the Website will get credited to the account of the User and get adjusted against the subscription amount charged for the Mobile Application.
The entire subscription amount charged by Us is non-refundable. We reserve the right to amend the fee policy. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
The charges mentioned here are exclusive of any data or usage charges the User may incur while downloading/using the App/Website. All such charges are the responsibility of the User. We accept no liability with respect to any such charges incurred by the User.
- USER RESTRICTIONS
- The User may not change their registered e-mail address. In case the User has changed their e-mail address, he is not entitled to any refund of subscription amount. The User may, however, update their current information on the Website/Application as and when applicable.
- The User may access his Texcal account from maximum two (2) devices at the same time. The User may not access his Texcal account from more than one (1) Mobile Application at the same time.
- MODE OF PAYMENT
We use a third-party payment gateway (the “Payment Gateway”) to link your credit card/debit card account to Our Website/Mobile Application. The processing of payments or credits, as applicable, in connection with your use of Our Website/Application will be subject to the terms, conditions and privacy policies of the Payment Gateway and your credit card/debit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor.
The following payment options are accepted:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the LLP.
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
- Visa & Master Card Debit cards;
- Net-Banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the LLP has no control over the same. To successfully subscribe on the Website/Mobile App, the User is required to complete the transaction by making the payment for the services opted for.
Transactions on the Website/Mobile App are secure and protected. Any information entered by the User when transacting on the Website/ Mobile App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the LLP/Website/Mobile App in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The price levied for subscribing to the Website/App is inclusive of all taxes. However, any fees that arise in the course of use of the Website, including but not limited to downloading and installation of the Website and Mobile Application is borne by the User.
- USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are at least 13 years of age.
- You hereby agree to provide genuine credentials during the process of registration for the Website. You shall not use a fictitious identity to register.
- You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
- You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
- You agree to make no representations or warranties or enter into any contracts on behalf of Us.
- You recognize, acknowledge and agree that you are not an employee of Our LLP and that We do not, in any way, supervise, direct, or control Your work or Services;
- You shall pay the membership charges on regular basis without any demur or deduction except in the case where discounts and/or deductions are provided;
- You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. 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 within the content of the Website/App is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
- Access (or attempt to access) the Website/App and/or the materials or Services by any means other than through the interface that is provided by the 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 Website/App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
- use the Website/App in any manner that may impair, overburden, damage, disable or otherwise compromise (i) LLP’s services; (ii) any other party's use and enjoyment of LLP’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's mobile phone, systems, devises and software solutions that are extensions of the Website;
- download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
- probe, scan or test the vulnerability of the Website/App or any network, devises and software solutions to the Website/App, nor breach the security or authentication measures on the Website/App or any network, devises and software solutions connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or exploit the Website/App or Service or information made available or offered by or through the Website/App, 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 for by the Website/App;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, servers, software solutions or networks connected to or accessible through the Website/App or any affiliated or linked Websites;
- violate any applicable laws or regulations for the time being in force within or outside your home country;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- disseminate information through the Website/App that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
- All Users are to comply with all laws applicable to them or to their activities, and with all Policies posted by us, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Our sole discretion, and the currently effective policies will be deemed to be part of this Agreement.
From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Website/App and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
- CONFIDENTIAL INFORMATION
Confidential Information shall mean any information disclosed by the User on the platform(s), related to the project. However, Confidential Information shall not include information that: (a) is now or subsequently becomes publicly known through no wrongful act or omission of the LLP or anyone to whom it discloses such information; (b) the LLP can demonstrate by its written records to have had rightfully in the User’s possession, free of restriction, prior to the date of this Agreement; (c) the LLP can demonstrate by its written records to have obtained on or after the date of this Agreement, rightfully and free of restriction, from a third party who has the right to transfer or disclose it, provided that it was not acquired, directly or indirectly, from the customer; (d) the LLP can demonstrate by its written records to have been independently developed.
We acknowledge that certain information disclosed by the User may be confidential and, if so, must be protected. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the User and no license or other right with respect to Confidential Information is granted or implied hereby.
The LLP accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any formula purchased or service availed of by the User from the Website/ Mobile App.
Users may be held legally responsible for damages suffered by other Users, Us or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to Website/Application. All Users are to comply with all laws applicable to them or to their activities, and with all Our posted Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at the LLP’s sole discretion, and the currently effective policies will be deemed to be part of this Agreement.
We are not legally responsible for any remarks, information or other content posted or made available on the Our Website/Application by any User or third party, even if such information or content is defamatory or otherwise legally actionable. We are not responsible for and do not monitor or censor content for accuracy or reliability. However, We reserve the right to remove or restrict access to any information or content posted or made available on the Website/Application if ordered to do so by a government authority or if We consider such information or content to be in violation of this Agreement, or to be unlawful, immoral or harmful.
- ACTIONS UNDERTAKEN BY THE WEBSITE/APPLICATION ON YOUR DEVICE:
Upon download and installation of the Website and Mobile Application, You grant the following permissions to Advantex Technology Solutions LLP to perform the following actions on the device You have installed the Application in.
- To read from, write on, modify and delete data pertaining to the Website/Application on the device’s hard disk and/or external storage;
- To access information about networks, access networks including wi-fi networks, receive and send data through the network;
- To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
- To determine Your exact location from sources such as, but not limited to GPS;
- To access the model number, IMEI number and details about the operating system of the device the Website/App has been used/installed on, as well as the phone number of the device;
- To retrieve information about other Website running on the device the Website has been installed on and open them;
- To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
- INTELLECTUAL PROPERTY RIGHTS
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website/App, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website/App, and solely for your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/App, not to insert any code or product or manipulate the content of the Website/App in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
- The content available on the app and/or website may or may not be based on logics, formulas, literature, publications etc. that may or may not be copyrighted content. The company has taken suitable steps to issue this content to the user with suitable permissions. However, the user agrees that the acceptance/payment of subscription for the usage of the app/website does not entitle/allow them to consider such payment as obtaining suitable rights on such copyright content for further distribution. If any User is found to have done the same will be eligible for legal action in accordance with law.
- INTELLECTUAL PROPERTY COMPLAINTS
- We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Website/App, please email us at firstname.lastname@example.org
- By providing information to, communicating with, and/or placing material on, the Website/App, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
- You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
- all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
- the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Website/App that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce, market and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website/App and other affiliated Website/Apps, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
- GEOGRAPHICAL EXTENT
- The Website/App can be used in all countries worldwide.
- If You access or use the Website/App from a country or location apart from India, You are solely responsible for compliance with necessary laws and regulations for use of the Website/Application.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website/App. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- We have no obligation to provide You with a copy of the information You or any other User provides on the Website/App or that the Website/App has accessed.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website/App.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website/App to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website/App. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify and hold harmless the LLP, its independent Service vendors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Texcal Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any Discussions or Messages you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; (e) your conduct in connection with the platform(s); or (f) any products or services purchased or obtained by you in connection with the platform(s). 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.
You agree that the LLP has published the app/website with information it believes is completely true and correct to the best of their knowledge and you indemnify the LLP and the Indemnified parties from any and all claims, damages, costs, liabilities, loss etc. that may occur from your usage of the app/website as the app/website is a tool for aid and its application is at the discretion of the User.
Each User shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to: (i) such User’s use of Services, including without limitation claims by or on behalf of any Service vendor for Worker's Compensation or unemployment benefits; (ii) any Contract entered into between such User and the LLP; or (iii) any breach of their obligations set forth herein.
- DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
- Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The Courts at Calcutta only shall have exclusive jurisdiction to receive, entertain, try and determine all actions and proceedings. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Kolkata, West Bengal, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Kolkata, West Bengal, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the LLP by the User reducing the same to writing, and sending the same to the registered office of the LLP by Registered Post at Advantex Technology Solutions LLP, 3, Moira Street, Kolkata – 700 017, or email us at email@example.com.
- MISCELLANEOUS PROVISIONS:
- Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by User and the LLP shall constitute the entire agreement and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, 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 other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.