TERMS AND CONDITIONS
Effective Date: 01/06/2025
Website Covered: www.adss2.com
THE AGREEMENT: The use of this website and services on this website
provided by mr. Arup Das are subject to the
following Terms & Conditions (hereinafter the “Terms of Service”), all parts
and sub-parts of which are specifically incorporated by reference here
together with the Privacy Policy. Following are the Terms of Service governing
your use of www.adss2.com, all pages on the Website and any
services provided by or on this Website (“Services”).
By accessing either directly or through a hyperlink, the Website, and/or
purchasing something from us, you engage in our "Service" and agree to be
bound by the Terms of Service including those additional terms and
conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without
limitation vendors, buyers, customers, merchants, browsers and/or
contributors of content. You acknowledge and agree that the Website may use
your personal information in the manner described in our Privacy Policy
which sets forth how information collected about you is collected, used and
stored.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and publisher of
the Website, makes the Website, and certain Services on it, available to users,
01/06/2025, Owner, Us, We, Our, Ours and other first-person pronouns will
refer to the Owner, as well as all employees and affiliates of the Owner.
b) You. the User, the Client: You. as the user of the Website, will be
referred to throughout these Terms of Service with second-person pronouns
such as You, Your, Yours, or as User or Client. For the purpose of these Terms
of Service, the term ' User or you shall mean any natural or legal person who
is accessing the Website. The term Your' shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of Service (the Owner
and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these
Terms of Service and that You agree to be bound by it. If You do not agree to
be bound by these Terms of Service, please leave the Website immediately.
The Owner only agrees to provide use of this Website and Services to You if
You assent to these Terms of Service. Further, based on the Services obtained
by a User, additional terms and conditions in respect of the specific Services
may apply, which shall be deemed an agreement between the Users and the
Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website, or any
Services contained herein. By using this Website, You represent and warrant
that You are at least 18 years of age and may legally agree to these Terms of
Service. The Owner assumes no responsibility or liability for any
misrepresentation of Your age.
4) ABOUT THE SITE
The Website is an online store which carries out sales of the following:____.
We reserve the right to refuse service or refuse to sell the products on the
Website at our sole discretion to anyone for any reason at any time. The
Website does not screen or censor the users who register on and access the
Website. You assume all risks associated with dealing with other users with
whom you come in contact through the Website. You agree to use the Website
only for lawful purposes without infringing the rights of or restricting the use
of this Website by any third party.
5) LICENSE TO USE WEBSITE
The Owner may provide You with certain information as a result of Your use
of the Website or Services. Such information may include but is not limited
to, documentation, data, or information developed by the Owner, and other
materials which may assist in Your use of the Website or Services ('Owner
Materials'). Subject to these Terms of Service, the Owner grants You a non-
exclusive, limited, non-transferable and revocable license to use the Owner
Materials solely in connection with Your use of the Website and Services. The
Owner Materials may not be used for any other purpose and this license
terminates upon Your cessation of use of the Website or Services or at the
termination of these Terms of Service.
You agree not to collect the contact information of other Users from the
Website or download or copy any information by means of unsolicited access
so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license
granted to you by the Website and You agree that you shall not bypass any
measures used by the Owner to prevent or restrict access to the Website.
6) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the
property of the Owner, including all copyrights, trademarks, trade secrets,
patents, and other intellectual property (“Owner IP”). You agree that the
Owner owns all rights, title, and interest in and to the Owner IP and that You
will not use the Owner IP for any unlawful or infringing purpose.
You agree not to reproduce or distribute the Owner IP in any way, including
electronically or via registration of any new trademarks, trade names, service
marks or Uniform Resource Locators (URLs), without express written
permission from the Owner.
a) In order to make the Website and Services available to You, You hereby
grant the Owner a royalty-free, non-exclusive, worldwide license to copy,
display, use, broadcast, transmit and make derivative works of any content
You publish, upload or otherwise make available to the Website ('Your
Content"). The Owner claims no further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been
infringed or otherwise violated by the posting of information or media by
another of Our users, please contact Us and let Us know.
7) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us.
When You do so, You will choose a user identifier, which may be Your email
address or another term, as well as a password. You may also provide
personal information, including, but not limited to, Your name. You are
responsible for ensuring the accuracy of this information. This identifying
information will enable You to use the Website and Services. You must not
share such identifying information with any third party and if You discover
that Your identifying information has been compromised, You agree to notify
Us immediately in writing. An email notification will suffice. You are
responsible for maintaining the safety and security of Your identifying
information as well as keeping Us apprised of any changes to Your identifying
information. The billing information You provide us, including credit card,
billing address and other payment information, is subject to the same
confidentiality and accuracy requirements as the rest of Your identifying
information. Providing false or inaccurate information or using the Website or
Services to further fraud or unlawful activity is grounds for immediate
termination of these Terms of Service. The Owner reserves the right to refuse
service, terminate accounts, or remove or edit content in its sole discretion.
8) PAYMENT & FEES
Should You register for any of the paid Services on this website or purchase
any product or service on this website, You agree to pay Us the specific
monetary amounts required for that product or those Services. These
monetary amounts ('Fees') will be described to You during Your account
registration and/or confirmation process. The final amount required for
payment will be shown to You immediately prior to purchase. Payment for any
on-going Services is billed automatically until You notify Us that You would
like to terminate Your access to the Services. We reserve the right to refuse
service or refuse to sell the products on the Website at our sole discretion to
anyone for any reason at any time.
9) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any
purpose prohibited under this clause. You agree not to use the Website or
Services in any way that could damage the Website, Services or general
business of the Owner.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any
person's legal rights;
II) To violate any intellectual property rights of the Owner or
any third party;
III) To upload or otherwise disseminate any computer viruses or
other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes,
or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence,
hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
b) You are prohibited from using the site or its content:
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful
acts;
(iii) to infringe on any third party's intellectual property or
proprietary rights, or rights of publicity or privacy, whether
knowingly or unknowingly;
(iv) to violate any local, federal or international law, statute,
ordinance or regulation;
(v) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability;
(vi) to submit false or misleading information or any content
which is defamatory, libellous, threatening, unlawful, harassing,
indecent, abusive, obscene, or lewd and lascivious or
pornographic, or exploits minors in any way or assists in human
trafficking or content that would violate rights of publicity
and/or privacy or that would violate any law;
(vii) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website,
other websites, or the Internet;
(viii) to collect or track the personal information of others;
(ix) to damage, disable, overburden, or impair the Website or any
other party's use of the Website;
(x) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(xi) for any obscene or immoral purpose; or
(xii) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet;
(xiii) to personally threaten or has the effect of personally
threatening other Users. We reserve the right to terminate your
use of the Service or any related website for violating any of the
prohibited uses. We reserve the full authority to review all
content posted by Users on the Website. You acknowledge that
the Website is not responsible or liable and does not control the
content of any information that may be posted to the Website by
You or other User of the Website and you are solely responsible
for the same. You agree that You shall not upload, post, or
transmit any content that you do not have a right to make
available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes and regulations
concerning your use of the Website and further agree that you will not
transmit any information, data, text, files, links, software, chats,
communication or other materials that are abusive, invasive of another's
privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading,
harmful, threatening, hateful or racially or otherwise objectionable, including
without limitation material of any kind or nature that encourages conduct
that could constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable local, state, provincial, national, or international law or
regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libellous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party's intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
10) COMMUNICATION
You understand that each time uses the Website in any manner, you agree to
these Terms. By agreeing to these Terms, you acknowledge that you are
interested in availing and purchasing the Services that you have selected and
consent to receive communications via phone or electronic records from the
Website including e-mail messages telling you about products and services
offered by the Website (or its affiliates and partners) and understanding your
requirements. Communication can also be by posting any notices on the
Website. You agree that the communications sent to You by the Website shall
not be construed as spam or bulk under any law prevailing in any country
where such communication is received.
11) AFFILIATE MARKETING & ADVERTISING
The Owner, through the Website and Services, may engage in affiliate
marketing whereby the Owner receives a commission on or percentage of the
sale of goods or services on or through the Website. The Owner may also
accept advertising and sponsorships from commercial businesses or receive
other forms of advertising compensation.
12) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with
certain information. By using the Website or the Services, You authorize the
Owner to use Your information in India and any other country where We may
operate.
a) Information We May Collect or Receive: When You register for
an account, You provide Us with a valid email address and may provide
Us with additional information, such as Your name or billing
information. Depending on how You use Our Website or Services, We
may also receive information from external applications You use to
access Our Website, or We may receive information through various
web technologies, such as cookies, log files, clear gifs, web beacons or
others.
b) How We Use Information: We use the information gathered from
You to ensure Your continued good experience on Our website,
including through email communication. We may also track certain of
the passive information received to improve Our marketing and
analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to
disable Our access to any passive information We receive from the use
of various technologies, You may choose to disable cookies in Your web
browser. Please be aware that the Owner will still receive information
about You that You have provided, such as Your email address. If You
choose to terminate Your account, the Owner may store some
information about You for future reference.
13) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You
acknowledge and agree that any information posted on Our Website is not
intended to be legal advice, medical advice, or financial advice, and no
fiduciary relationship has been created between You and the Owner. You
further agree that Your purchase of any of the products on the Website is at
Your own risk. The Owner does not assume responsibility or liability for any
advice or other information given on the Website.
14) SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties to sell goods or
services on the Website. The Owner undertakes to be as accurate as possible
with all information regarding the goods and services, including product
descriptions and images. However, the Owner does not guarantee the
accuracy or reliability of any product information and You acknowledge and
agree that You purchase such products at Your own risk. For goods or
services sold by others, the Owner assumes no liability for any product and
cannot make any warranties about the merchantability, fitness, quality,
safety or legality of these products. For any claim You may have against the
manufacturer or seller of the product, You agree to pursue that claim directly
with the manufacturer or seller and not with the Owner. You hereby release
the Owner from any claims related to goods or services manufactured or sold
by third parties, including any and all warranty or product liability claims.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. Any orders including orders by or under
the same customer account, the same credit card, and/or orders that use the
same billing and/or shipping address may be subject to the above. We may
restrict the sales of products or Services to any person, geographic region or
jurisdiction at our sole discretion as we may decide on a case-by-case basis.
We further reserve an absolute right to refuse any order placed by any person
and to limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers or distributors. If we cancel your order, we will contact
the e-mail and/or billing address/phone number provided at the time the
order was made.
We take care to accurately display the colours and images of our products
but, we cannot guarantee that your computer or phone screen's display of
any colour will be accurate. We also do not provide any warranties that the
quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations and standards, or that any errors
in the Service will be corrected. Prices and descriptions of products are subject
to change at any time without notice, at our sole discretion. We may remove
or discontinue any products from our site without prior notice. Any offer for
any product or service made on this site is void where prohibited.
We may provide you with access to third-party tools over which we neither
monitor nor have any control or input. You acknowledge and agree that we
provide access to such tools "as is" and "as available" without any warranties,
representations or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to your use of
optional third-party tools. Any use by you of optional tools offered through
the site is entirely at your own risk and discretion and you should ensure that
you are familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s).
15) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us and
You acknowledge and affirm that prices are subject to change. When
purchasing a physical good, You agree to provide Us with a valid email and
shipping address, as well as valid billing information. We reserve the right to
reject or cancel an order for any reason, including errors or omissions in the
information You provide to us. If We do so after payment has been processed,
We will issue a refund to You in the amount of the purchase price. We also
may request additional information from You prior to confirming a sale and
We reserve the right to place any additional restrictions on the sale of any of
Our products. You agree to ensure payment for any items You may purchase
from Us and You acknowledge and affirm that prices are subject to change.
For the sale of physical products, We may preauthorize Your credit or debit
card at the time You place the order or We may simply charge Your card upon
shipment. You agree to monitor Your method of payment. Shipment costs and
dates are subject to change from the costs and dates You are quoted due to
unforeseen circumstances. For any questions, concerns, or disputes, You
agree to contact Us in a timely manner at the following: Sales and Services.
We will make reimbursements for returns without undue delay, and not later
than:
(i) 15 days after the day we received back from you any goods
supplied; or
(ii) (if earlier) 15 days after the day you provide evidence that you
have returned the goods; or
(iii) if there were no goods supplied, 24 hr after the day on which
we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you
used for the initial transaction unless you have expressly agreed otherwise;
in any event, you will not incur any fees as a result of the reimbursement.
16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble
any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any
unauthorized access, circumvention of encryption or other security
tools, data mining or interference to any host, user or network.
17) DATA LOSS
The Owner does not accept responsibility for the security of Your account or
content. You agree that Your use of the Website or Services is at Your own
risk.
18) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if
applicable) and hold Us harmless against any and all legal claims and
demands, including reasonable attorney's fees, which may arise from or relate
to Your use or misuse of the Website or Services, Your breach of these Terms
of Service, or Your conduct or actions. You agree that the Owner shall be able
to select its own legal counsel and may participate in its own defence if the
Owner wishes.
19) SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's
Services for illegal spam activities, including gathering email addresses and
personal information from others or sending any mass commercial emails.
20) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other
services. You agree that the Owner is not responsible or liable for any loss or
damage caused as a result of Your use of any third-party services linked to or
from Our Website.
21) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to You,
modify these Terms of Service. You agree that the Owner has the right to
modify these Terms of Service or revise anything contained herein. You further
agree that all modifications to these Term of Service are in full force and effect
immediately upon posting on the Website and that modifications or variations
will replace any prior version of these Terms of Service unless prior versions
are specifically referred to or incorporated into the latest modification or
variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is
held ineffective or invalid by any court of law, You agree that the prior,
effective version of these Terms of Service shall be considered
enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and refer
to the Effective Date posted at the top of these Terms of Service to note
modifications or variations. You further agree to clear Your cache
when doing so to avoid accessing a prior version of these Term of
Service. You agree that Your continued use of the Website after any
modifications to these Terms of Service is a manifestation of Your
continued assent to these Terms of Service.
c) In the event that You fail to monitor any modifications to or
variations of these Terms o Service, You agree that such failure shall
be considered an affirmative waiver of Your right to review the modified
Agreement.
22) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with
respect to any and all use of this Website. This Agreement supersedes and
replaces all prior or contemporaneous agreements or understandings, written
or oral, regarding the use of this Website.
23) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform
maintenance or emergency services on a scheduled or unscheduled basis. You
agree that Your access to the Website may be affected by unanticipated or
unscheduled downtime, for any reason, but that the Owner shall have no
liability for any damage or loss caused as a result of such downtime.
24) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any
reason, with or without cause. The Owner specifically reserves the right to
terminate these Terms of Service if You violate any of the terms outlined
herein, including, but not limited to, violating the intellectual property rights
of the Owner or a third party, failing to comply with applicable laws or other
legal obligations, and/or publishing or distributing illegal material. If You
have registered for an account with Us, You may also terminate these Terms
of Service at any time by contacting Us and requesting termination. Please
keep in mind that any outstanding fees will still be due even after termination
of Your account. At the termination of these Terms of Service, any provisions
that would be expected to survive termination by their nature shall remain in
full force and effect.
25) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and
exclusive risk and that any Services provided by Us are on an "As Is’ basis.
The Owner hereby expressly disclaims any and all express or implied
warranties of any kind, including, but not limited to the implied warranty of
fitness for a particular purpose and the implied warranty of merchantability.
The Owner makes no warranties that the Website or Services will meet Your
needs or that the Website or Services will be uninterrupted, error-free, or
secure. The Owner also makes no warranties as to the reliability or accuracy
of any information on the Website or obtained through the Services. You agree
that any damage that may occur to You, through Your computer system, or
as a result of the loss of Your data from Your use of the Website or Services
is Your sole responsibility and that the Owner is not liable for any such
damage or loss.
All information, software, products, services and related graphics provided on
this site are as is and "as available basis without warranty of any kind, either
expressed or implied. The Website disclaims all warranties, expressed or
implied including, without limitation, all implied warranties of
merchantability, fitness for a particular purpose, title and noninfringement or
arising from a course of dealing, usage, or trade practice. We makes no
representation about the suitability of the information, software, products,
and services contained on this Website for any purpose, and the inclusion or
offering of any products or services on this Website does not constitute any
endorsement or recommendation of such products or services.
The Website makes no warranty that the use of the Website will be
uninterrupted, timely, secure, without defect or error-free. You expressly
agree that the use of the site is at your own risk. The Website shall not be
responsible for any content found on the Website.
Your use of any information or materials on this site or otherwise obtained
through the use of this Website is entirely at your own risk, for which we shall
not be liable. It shall be your own responsibility to ensure that any products,
services or information available through this website meet your specific
requirements.
The Website assumes no responsibility for the accuracy, currency,
completeness or usefulness of information, views, opinions, or advice in any
material contained on the Website. Any information from third parties or
advertisers is made available without making any changes and so the Website
cannot guarantee accuracy and is not liable for any inconsistencies arising
thereof. All postings, messages, advertisements, photos, sounds, images, text,
files, video, or other materials posted on, transmitted through, or linked from
the Website, are solely the responsibility of the person from whom such
Content originated, and the Website does not control and is not responsible
for Content available on the Website.
There may be instances when incorrect information is published inadvertently
on our Website or in the Service such as typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. Any errors,
inaccuracies, or omissions may be corrected at our discretion at any time,
and we may change or update information or cancel orders if any information
in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
The Website shall not be responsible for any interaction between you and the
other users of the Website. Under no circumstances will the Website be liable
for any goods, services, resources, or content available through such third-
party dealings or communications, or for any harm related thereto. The
Website is under no obligation to become involved in any disputes between
you and other users of the Website or between you and any other third parties.
You agree to release the Website from any and all claims, demands, and
damages arising out of or in connection with such dispute.
You agree and understand that while the Website has made reasonable efforts
to safeguard the Website, it cannot and does not ensure or make any
representations that the Website or any of the information provided by You
cannot be hacked by any unauthorised third parties. You specifically agree
that the Website shall not be responsible for unauthorized access to or
alteration of Your transmissions or data, any material or data sent or received
or not sent or received, or any transactions entered into through the Website.
You hereby agree and confirm that the Website shall not be held liable or
responsible in any manner whatsoever for such hacking or any loss or
damages suffered by you due to unauthorized access of the Website by third
parties or for any such use of the information provided by You or any spam
messages or information that You may receive from any such unauthorised
third party (including those which are although sent representing the name
of the Website but have not been authorized by the Website) which is in
violation or contravention of this Terms of Service or the Privacy Policy.
You specifically agree that the Website is not responsible or liable for any
threatening, defamatory, obscene, offensive, or illegal content or conduct of
any other party or any infringement of another's rights, including intellectual
property rights. You specifically agree that the Website is not responsible for
any content sent using and/or included on the Website by any third party.
The Website has no liability and will make no refund in the event of any delay,
cancellation, strike, force majeure, or other causes beyond their direct control,
and they have no responsibility for any additional expense omissions delays
or acts of any government or authority.
You will be solely responsible for any damage to your computer system or loss
of data that results from the download of any information and/or material.
Some jurisdictions do not allow the exclusion of certain warranties, so some
of the above exclusions may not apply to you.
In no event shall the Website be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever
including, without limitation, damages for loss of use, data or profits, arising
out of or in any way connected with the use or performance of the site, with
the delay or inability to use the site or related services, the provision of or
failure to provide Services, or to deliver the products or for any information,
software, products, services and related graphics obtained through the site,
or any interaction between you and other participants of the Website or
otherwise arising out of the use of the Website, damages resulting from use
of or reliance on the information present, whether based on contract, tort,
negligence, strict liability or otherwise, even if the Website or any of its
affiliates/suppliers has been advised of the possibility of damages. If despite
the limitation above, We are found liable for any loss or damage which arises
out of or in any way connected with the use of the Website and/or provision
of Services, then the liability will in no event exceed, 50% (Fifty percent) of the
amount you paid to Us in connection with such transaction(s) on this Website.
You accept all responsibility for and hereby agree to indemnify and hold
harmless Us from and against, any actions taken by you or by any person
authorized to use your account, including without limitation, disclosure of
passwords to third parties. By using the Website, you agree to defend,
indemnify, and hold harmless the indemnified parties from any and all
liability regarding your use of the site or participation in any site's activities.
If you are dissatisfied with the Website, or the Services or any portion thereof,
or do not agree with these terms, your only recourse and exclusive remedy
shall be to stop using the site.
26) LIMITATION ON LIABILITY
The Owner is not liable for any damage that may occur to You as a result of
Your use of the Website or Services.
27) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to
these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use
of the Website or Services, You agree that the laws of India shall govern
any matter or dispute relating to or arising out of these Terms of Service,
as well as any dispute of any kind that may arise between You and the
Owner, with the exception of its conflict of law provisions. In case any
litigation specifically permitted under these Terms of Service is initiated,
the Parties agree to submit to the exclusive jurisdiction of the courts
of India. The Parties agree that this choice of law, venue, and
jurisdiction provision is not permissive, but rather mandatory in
nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non-convenience or similar doctrine.
c) ASSIGNMENT: This Agreement, or the rights granted hereunder,
may not be assigned, sold, leased or otherwise transferred in whole or
part by You. Should these Terms of Service, or the rights granted
hereunder, by assigned, sold, leased or otherwise transferred by the
Owner, the rights and liabilities of the Owner will bind and inure to any
assignees, administrators, successors and executors.
d) SEVERABILITY: If any part or sub-part of these Terms of Service
is held invalid or unenforceable by a court of law or competent
arbitrator, the remaining parts and sub-parts will be enforced to the
maximum extent possible. In such condition, the remainder of these
Terms of Service shall continue in full force.
e) NO WAIVER: In the event that We fail to enforce any provision of
these Terms of Service, this shall not constitute a waiver of any future
enforcement of that provision or of any other provision. Waiver of any
part or sub-part of these Terms of Service will not constitute a waiver
of any other part or sub-part.
f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and
sub-parts under these Terms of Service are for convenience and
organization, only. Headings shall not affect the meaning of any
provisions of these Terms of Service.
g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency,
partnership, or joint venture has been created between the Parties as a
result of these Terms of Service. No Party has any authority to bind the
other to third parties.
h) FORCE MAJEURE: The Owner is not liable for any failure to
perform due to causes beyond its reasonable control including, but not
limited to, acts of God, acts of Page 11 of 11 civil authorities, acts of
military authorities, riots, embargoes, acts of nature and natural
disasters, and other acts which may be due to unforeseen
circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic
communications are permitted to both Parties under these Terms of
Service, including e-mail or fax. For any questions or concerns, please
email Us at the following address: contact@adss2.com.