This Agreement (“Agreement”) is entered into by and between Infinity Online Solutions LLP, a Limited Liability Partnership and having its registered address at Saikrupa, Roshan Nagar Road(hereinafter referred to as “OnlineStoreBuilder“) and you (“User”) (which unless repugnant to the context and meaning thereof include your heirs, executors, administrators, successors and/or permitted assigns) and is made effective as of the date of your acceptance.
- OnlineStoreBuilder owns and operates OnlineStoreBuilder.Pro which is a web based platform providing an online presence to the User.
- This Agreement sets forth the general and specific terms and conditions of your use of the Site and the products and services offered by OnlineStoreBuilder through this Site (hereinafter collectively referred to as “the Services”);
- The User is desirous of availing of the Services on the terms and conditions herein contained;
NOW, THEREFORE, in consideration of mutual agreements, covenants, representations and warranties set forth in this Agreement, and for other good and valuable consideration, the sufficiency and adequacy of which is acknowledged by the Parties, the Parties hereby agree as follows:
- The terms “we”, “us” or “our” shall refer to OnlineStoreBuilder.
- The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- This Site and the Services are available only to Users who are eligible and competent to enter into a Contract as per applicable Laws.
- If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity.
- Your electronic acceptance of this Agreement implies that you have legal authority to bind such corporate entity. In the event you do not have authority you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. OnlineStoreBuilder shall not be liable for any loss or damage resulting from OnlineStoreBuilder’s reliance on any instruction, notice, document or communication reasonably believed by OnlineStoreBuilder to be genuine and originating from an authorized representative of your corporate entity.
- You represent and warrant to OnlineStoreBuilder that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If OnlineStoreBuilder has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, OnlineStoreBuilder reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
- You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method. For security purposes, OnlineStoreBuilder recommends that you change your password at least once every three (3) months for your Account.
- You are responsible for the quality and/or quantity of goods and/or services supplied by you and you shall indemnify and keep indemnified us from against any loss incurred or suffered from any claim, demand, action whatsoever on account of any deficiency in goods and/or services supplied by you.
- In the event of refund claimed by any person of amounts paid you shall be responsible for the same and shall indemnify and keep indemnified us from against any loss incurred or suffered from any claim, demand, action whatsoever on account of the same.
- You must notify OnlineStoreBuilder immediately of any breach of security or unauthorized use of your Account. OnlineStoreBuilder will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss OnlineStoreBuilder or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
AVAILABILITY OF WEBSITE/SERVICES
From time to time the Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; errors/problems of third party software or service providers used by OnlineStoreBuilder or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
GENERAL RULES OF CONDUCT
It is hereby agreed that your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. It is further agreed that you will not use this Site or the Services in a manner (as determined by OnlineStoreBuilder in its sole and absolute discretion) that:
- Results in the collection or harvesting (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding OnlineStoreBuilder or OnlineStoreBuilder’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by OnlineStoreBuilder.
- You will not access OnlineStoreBuilder Content (as defined below) or User Content through any technology or means other than through this Site itself, or as OnlineStoreBuilder may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. OnlineStoreBuilder does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that OnlineStoreBuilder may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow OnlineStoreBuilder, in its sole discretion, to record the entirety of such calls regardless of whether OnlineStoreBuilder asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which OnlineStoreBuilder is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of OnlineStoreBuilder that may be initiated by an automatic telephone dialing system and/or use an artificial or pre-recorded voice. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of OnlineStoreBuilder that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from OnlineStoreBuilder. Message and data rates may apply.
- OnlineStoreBuilder reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
- You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any OnlineStoreBuilder Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the OnlineStoreBuilder Content or the User Content therein.
OnlineStoreBuilder Content: Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“OnlineStoreBuilder Content”), are owned by or licensed to OnlineStoreBuilder in perpetuity, and are subject to copyright, trademark, and/or patent protection and other intellectual property rights under Indian and foreign laws. OnlineStoreBuilder Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of OnlineStoreBuilder. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. OnlineStoreBuilder reserves all rights not expressly granted in and to the OnlineStoreBuilder Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content: During the use of this Site or the Services the Users may view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Submissions include, but are not limited to, forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity. User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to OnlineStoreBuilder that (i) you have all necessary rights to distribute User Content via this Site or via the goods and Services offered by you, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
RESPONISBILITY OF USER CONTENT
It is hereby clarified that you shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. You alone shall be responsible for the User Content and liable for all the consequences of publishing it and shall indemnify and keep indemnified OnlineStoreBuilder from all costs, damages, losses, suffered or incurred arising out of the User Content including but not limited to actions arising due to the User Content being inaccurate or untrue or false or without the necessary rights.
You acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate OnlineStoreBuilder to treat your User Submissions as confidential or secret.
- OnlineStoreBuilder has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
- OnlineStoreBuilder may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
OnlineStoreBuilder shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
WITH RESPECT TO USER CONTENT (OTHER THAN USER SUBMISSIONS).
If you have a website or other content hosted by OnlineStoreBuilder, you shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the Services, you authorize OnlineStoreBuilder to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant OnlineStoreBuilder a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and OnlineStoreBuilder’s (and OnlineStoreBuilder’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that OnlineStoreBuilder may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, OnlineStoreBuilder shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or OnlineStoreBuilder’s (or OnlineStoreBuilder’s affiliates’) business(es).
MONITORING OF CONTENT
OnlineStoreBuilder generally does not pre-screen User Content (whether posted to a website hosted by OnlineStoreBuilder or posted to this Site). However, OnlineStoreBuilder reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. OnlineStoreBuilder may remove any item of User Content (whether posted to a website hosted by OnlineStoreBuilder or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by OnlineStoreBuilder in its sole and absolute discretion), at any time and without prior notice. OnlineStoreBuilder may also terminate a User’s access to this Site or the Services found at this Site if OnlineStoreBuilder has reason to believe the User is a repeat offender. If OnlineStoreBuilder terminates your access to this Site or the Services found at this Site, OnlineStoreBuilder may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
ADDITIONAL RESERVATION OF RIGHTS
OnlineStoreBuilder expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by OnlineStoreBuilder in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by OnlineStoreBuilder in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of OnlineStoreBuilder, its officers, directors, employees and agents, as well as OnlineStoreBuilder’s affiliates, including, but not limited to, instances where you have sued or threatened to sue OnlineStoreBuilder.
OnlineStoreBuilder expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
OnlineStoreBuilder expressly reserves the right to terminate, without notice to you, any and all Services where, in OnlineStoreBuilder’s sole discretion, if you are harassing or threatening any person.
OnlineStoreBuilder expressly reserves the right to access your site and suspend services offered to US, without notice to you, for technical tasks including but not limited to maintenance, software updates, managing plug-ins, take back ups and manage security and privacy.
If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.
Spam includes the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
iii. Windows system messages
- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
vii. Guestbook or Website Forum postings
viii. Facsimile Solicitations
- Text/SMS Messages
Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
We encourage all customers and recipients of email generated from our products and services to report suspected spam.
It is agreed that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of Rs.10/- for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by OnlineStoreBuilder. OnlineStoreBuilder assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, OnlineStoreBuilder does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release OnlineStoreBuilder from any and all liability arising from your use of any third-party website. Accordingly, OnlineStoreBuilder encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. OnlineStoreBuilder, its officers, directors, employees, agents, and all third party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. OnlineStoreBuilder, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and OnlineStoreBuilder assumes no liability or responsibility for the same.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by OnlineStoreBuilder, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
LIMITATION OF LIABILITY
In no event shall OnlineStoreBuilder, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not OnlineStoreBuilder is advised of the possibility of such damages.
In addition, you specifically acknowledge and agree that in no event shall OnlineStoreBuilder’s total aggregate liability exceed INR10,000/-. The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
OnlineStoreBuilder may, change or modify this Agreement, and any policies or agreements which are incorporated herein and such changes or modifications shall be effective immediately upon posting it on the site or sending the same to you by email. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. OnlineStoreBuilder assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
You agree to protect, defend, indemnify and hold harmless OnlineStoreBuilder and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by OnlineStoreBuilder directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
OnlineStoreBuilder reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although OnlineStoreBuilder makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued.
We will attempt to notify you thirty or more days in advance of discontinuance. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the date, or by entirely ceasing reliance on said Service before the date. In either case, OnlineStoreBuilder will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by OnlineStoreBuilder in its sole and absolute discretion. OnlineStoreBuilder may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
OnlineStoreBuilder will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
FEES AND PAYMENTS
You acknowledge and agree that your Payment Method may be charged by us or one of our affiliated entities
General Terms, Including Automatic Renewal Terms
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly specified herein, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. OnlineStoreBuilder expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”:
- Electronic bank transfer
In addition, you acknowledge and agree that the location for the processing of your payments may change based on the type of Payment Method chosen, any changes or updates made to your Payment Method, or based on the currency selected for the Payment Method.
Other than as required by applicable law, OnlineStoreBuilder does not retain hard copy or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your OnlineStoreBuilder account.
If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the ___th of the month, in which case your billing date will be the ____th of each month.
In order to ensure that you do not experience an interruption or loss of services, certain services offered are on automatic renewal basis. Unless you disable the automatic renewal option, OnlineStoreBuilder will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with OnlineStoreBuilder at the then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period.
If you do not wish for any service to automatically renew, you may elect to cancel renewal, in which case, your services will terminate upon expiration of the then current term, unless you manually renew your services prior to that date (in which case the services will again be set to automatic renewal). Accordingly, should you disable the automatic renewal and fail to manually renew your services before they expire, you may experience an interruption or loss of services, and OnlineStoreBuilder shall not be liable to you or any third party regarding the same.
You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings, including but not limited to (i) cancelling products and (ii) ensuring your associated payment method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of services, and OnlineStoreBuilder shall not be liable to you or any third party regarding the same.
If for any reason OnlineStoreBuilder is unable to charge your Payment Method for the full amount owed for the Services provided, or if OnlineStoreBuilder receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that OnlineStoreBuilder may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. OnlineStoreBuilder also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks OnlineStoreBuilder may perform outside the normal scope of its Services, (ii) additional time and/or costs OnlineStoreBuilder may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by OnlineStoreBuilder in its sole and absolute discretion). These administrative fees or processing fees will be billed to the Payment Method you have on file with OnlineStoreBuilder.
It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that a transaction maybe declined for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and in such event, OnlineStoreBuilder shall not be liable to you or any third party regarding the same. You acknowledge that OnlineStoreBuilder will not attempt to fulfill the Services purchased by you until OnlineStoreBuilder receives confirmation of payment from the Banking Channels/Payment Processors. You acknowledge there may be a gap of several hours or days between the time you place an order and the time of confirmation.
If, at the time OnlineStoreBuilder receives confirmation of payment and (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the INR amount of the pending order, and as a result your purchase is either over-funded or under-funded, OnlineStoreBuilder may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the Banks/Financial Institutions/Payment Processors impose refund limitations of any kind, OnlineStoreBuilder reserves the right to issue refunds net of the charges.
OnlineStoreBuilder may offer product-level pricing in various currencies; however, transaction processing is supported only in Indian Rupees (“Supported Currency”). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT“), Goods and Services Tax (“GST“), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
OnlineStoreBuilder shall not be liable to you for any loss or damage resulting from any cause beyond its control including but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, fire, explosion, flood earthquake etc. which results in the interference with OnlineStoreBuilder performance of it obligations under this Agreement. OnlineStoreBuilder shall notify you promptly of the occurrence of such event and use its best efforts to avoid or remove such causes of non performance as soon as possible.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
COMPLIANCE WITH LOCAL LAWS
OnlineStoreBuilder makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
- For the purposes of this section, “dispute” shall mean any dispute, claim, or action between you and OnlineStoreBuilder arising under or relating to any OnlineStoreBuilder services or products, OnlineStoreBuilder’s websites, these terms, or any other transaction involving you and OnlineStoreBuilder, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis.
- In the event of a dispute, you or OnlineStoreBuilder must first send to the other party a notice of the dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested (the “dispute notice”). The dispute notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. The dispute notice to OnlineStoreBuilder shall be sent at the address mentioned above or any other such address as specified as the registered address on the site. If OnlineStoreBuilder and you do not reach an agreement to resolve the dispute within sixty (60) days after the dispute notice is received, you or OnlineStoreBuilder may approach the competent court/authority for relief as contemplated herein.
- Following submission and receipt of the dispute notice, each of us agrees to act in good faith to seek to resolve the dispute before commencing arbitration.
- It is agreed that you that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
- Notwithstanding any provision in these Terms to the contrary, you and OnlineStoreBuilder agree that if OnlineStoreBuilder makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to OnlineStoreBuilder’s address) in these Terms, OnlineStoreBuilder will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that provisions of this section shall be applicable. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
The laws of India shall apply. The Courts of Mumbai shall have jurisdiction over any dispute.