Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Ludhiana, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause
NOTICES
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision: Higi Sparsh, 407 Industrial Area A, Ludhiana – 141002, Punjab.
TERMINATION & EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Higi Sparsh may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to & use of the Site. Higi Sparsh shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) & account identification issued to you & deny your access to & use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights & obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER & LIMITATION OF LIABILITY
This site, the products offered for sale on it & the transactions conducted through it are provided by Higi Sparsh on an “as is” basis. Higi Sparsh makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Higi Sparsh disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability & fitness for a particular purpose, non infringement, title, quiet enjoyment, data accuracy & system integration. This site may include inaccuracies, mistakes or typographical errors. Higi Sparsh does not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, Higi Sparsh will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, Higi Sparsh’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of cash ( both online or offline) actually paid by you to Higi Sparsh during the month immediately preceding the act allegedly giving rise to Higi Sparsh’s liability.
INDEMNIFICATION
You agree to defend, indemnify & hold harmless Higi Sparsh & its directors, employees, agents, independent contractors, service providers & consultants from & against any third party claims, damages, loss, liability, costs & expenses (including, but not limited to, reasonable attorney’s fees) arising out of your use of the Site & any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against Higi Sparsh &/or its independent contractors, service providers, or consultants, arising out of or relating to your use of the Site, any information or materials you submit, your violation of these Terms of Use, or your violation of the rights of any third party.
DISPUTES
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration Ludhiana, India except that to the extent you have in any manner violated or threatened to violate Higi Sparsh’s intellectual property rights. Higi Sparsh may seek injunctive or other appropriate relief in Indian law on electronic media. You hereby consent to, & waive all defences of lack of personal jurisdiction & forum non conveniens with respect to venue & Ludhiana jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned.
