Terms & Conditions
Updated January 30, 2015
Growthways Trading Private Limited (“GTPL,” “we”, “us” and “our”) operates uk.yepme.com (the “Site”) through which GTPL sells apparels, shoes and accessories (the “Products”) in United Kingdom for personal and non-commercial use. GTPL offers this Site, including all information, tools, Products and services available from this Site (collectively, “Services”) to you, the user, conditioned upon your acceptance of all of the following terms and conditions, including those additional guidelines, terms and policies referenced herein and available on the Site (collectively, “Terms and Conditions” or “Terms”). Please note that underlined words and phrases in this Agreement are links to pages on the Site. BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, OR PURCHASING ANY PRODUCT THROUGH THE SITE, YOU REPRESENT THAT (A) YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OR (B) IF YOU ARE LESS THAN EIGHTEEN (18) YEARS OF AGE, YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS, OR YOU ARE NOT WILLING OR ABLE TO MAKE THE REPRESENTATIONS DESCRIBED ABOVE, THEN YOU MAY NOT ACCESS OR USE THE SITE, THE SERVICES, OR PURCHASE ANY PRODUCT THROUGH THE SITE. ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY YOU IN ANY COMMUNICATION ARE DEEMED MATERIAL, ARE OBJECTED TO, AND ARE HEREBY REJECTED UNLESS SPECIFICALLY ACCEPTED IN A SIGNED WRITING BY AN AUTHORIZED REPRESENTATIVE OF GTPL.
IMPORTANT: THE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 9 (DISCLAIMER OF WARRANTIES), SECTION 10 (LIMITATION OF LIABILITY), SECTION 11 (EXCLUSIONS), AND SECTION 19 (LEGAL DISPUTES) BELOW). IT ALSO CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT OF THE AGREEMENT TO ARBITRATE (SEE SECTION 19.2 ("ARBITRATION OPTION")). UNLESS YOU OPT-OUT: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
TheTerms may be amended by GTPL from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms on our Site, or through the Services user interface, or notifying you by email at your email address as specified in your account information. It is your responsibility to check this page periodically for changes. Your acceptance of the revised Terms or your continued use of the Site or any Service thirty (30) calendar days after the changes are first notified by GTPL as described above, whichever occurs earlier, will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Site and Services.
SECTION 1 - ACCOUNT
Your Account with Us. You do not have to register on our Site in order to visit the Site. However, certain portions and features of our Services may be accessed only by creating an account with us by registering on our Site or through the Service application interface on your mobile phone. By creating an account and/or using our Services, you represent and warrant that (a) all required registration or other information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of our Services does not violate any applicable law or regulation or the Terms. When you sign up for an account, you will be asked to choose a user name and a password for your account. You may not use a user name or user profile that is used by someone else. You may control your user profile and how you interact with the Services by changing your settings in your account.
Confidentiality. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You agree not to (a) use the account, user name, or password of any other user at any time; (b) allow or enable any third party to use your account, user name, or password; or (c) sell, rent, borrow, or otherwise transfer your account, temporarily or permanently, to any third party. You are solely responsible for any and all use of your account.
Breach. If you violate the Terms, GTPL reserves the right to issue you a warning regarding the violation or, pursuant to Section 16.2 below, immediately suspend or terminate your account and your right to access and use the Site and Services. You agree that GTPL need not provide you notice before terminating or suspending your account for any reason.
SECTION 2 - PRODUCTS
Ordering; Availability. The Products are provided on an “as available” basis and we reserve the right to reject orders for any or no reason. Without limiting the foregoing, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to discontinue any Product at any time. Orders that have not yet shipped may be cancelled by contacting Customer Care at email@example.com and providing the order number. Orders that have shipped may be cancelled only in accordance with our Return Policy.
Product Descriptions; Pricing. We have made every effort to display on our Site as accurately as possible the colors and images of the Products. However, you acknowledge and agree that we cannot guarantee that any color will be accurate or that your computer monitor's display will accurately display such colors. All descriptions of the Products and Product pricing are subject to change at any time, at our sole discretion, and shall be effective when posted or as of the date we specify on our Site. The prices of the Products are exclusive of all taxes, duties, and other governmental charges, including excise duty, customs duty, and any import value added tax, all of which shall be your responsibility.
Risk of Loss; Title; Returns. The risk of loss and title for Products purchased by you pass to you upon our delivery of the Products to the carrier. Unless otherwise agreed by us on a case-by-case basis on the order confirmation page, you shall be responsible for reimbursing us for all shipment charges and taxes associated with your order. We shall have no obligation to accept any returns of the Products unless the return complies with our Return Policy.
Compliance with Laws. You must comply with all import restrictions and regulations of the Department of Commerce and other United Kingdom agencies and authorities that may apply to the Products and the use of our Services and Site.
SECTION 3 – SERVICES
Services. You agree to use the Services only as permitted by the Terms. We reserve the right to refuse providing access to the Services to anyone and at any time, with or without cause, and with or without notice. We shall not be liable to you or to any third-party for any price change or any modification, suspension or discontinuance of the Services.
Prohibited Uses. You agree that you will not initiate, engage in, or promote Prohibited Conduct in connection with the use of our Site or Services. “Prohibited Uses” includes: (a) using a false e-mail address, pretending to be someone other than yourself, or otherwise misleading us or third parties as to your identity or the origin of Your Content (defined in Section 4.2 below); (b) interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Site or Services including by (i) covering or obscuring any advertisements on any web page that is part of our Site or Services via HTML/CSS, scripting, or any other means, (ii) creating an undue burden on our Services or our network, (iii) introducing software or automated agents to our Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from our Services, (iv) modifying any data or equipment to manipulate the functionality of our Services, (v) interfering with any other user’s experience, or (vi) interfering with or circumventing the security features of the Services, Site, or our systems and network; (c) uploading to, distributing, or otherwise publishing through the Site any content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person, (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or other applicable law, (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, or (iv) is false or misleading; (d) promoting or encouraging any illegal activity including hacking or cracking the Services to obtain passwords or personally identifying information for commercial or unlawful purposes; (e) subleasing your account or offering “free space” on or other access to your account to third parties; (f) improperly using Customer Care, support, or complaint buttons to make false reports to us; (g) using the Services, the Site, or your account, to spam, phish, pharm, pretext, spider, crawl, or scrape; (h)violating any other terms governing the access or use of the Services; (i) using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or (j) otherwise creating liability for GTPL or its affiliates, service providers, partners, suppliers and other users.
Enforcement by Us. We have the right (but not the obligation) to review any or all portions of Your Content and delete (or modify) any of Your Content from our Site or Services for any reason, including if we believe, in our sole judgment, Your Content violates the Terms, or if we believe, in our sole judgment, constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation), in our sole discretion, to investigate and take appropriate action, including removing Your Content from our Site (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services, and/or reporting you to law enforcement authorities, if you violate any provision of the Terms. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, Your Content, and your conduct.
SECTION 4 – PROPRIETARY RIGHTS
Service Content. You acknowledge that all intellectual property rights in our Site, Services and the underlying technology, and all information and content available on our Site and through the Services, excluding Your Content (collectively, the “Service Content”), are owned by GTPL and our suppliers (including other users). Service Content is protected by international copyright laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to view and use the Service Content for your personal non-commercial purposes. No other use of the Service Content is authorized. In consideration of this authorization, you agree that any copy of the Service Content that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit any Service Content in whole or in part without our prior written authorization. We and our suppliers (including other users) reserve all rights not granted in this Agreement. There are no implied licenses.
Feedback. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Site, the Services, or the Service Content, including any Products (collectively, “Feedback”), we may use such Feedback for any purpose, provided we will not associate such Feedback with your account username. So that we may incorporate Feedback into our Site, the Services, the Service Content, or any Products, we may offer to you and/or other users, you agree that GTPL alone will own all worldwide right, title and interest, including all related intellectual property rights, in and to all Feedback and you hereby irrevocably and unconditionally assign such Feedback and all such rights to GTPL at no additional charge. If such assignment is ineffective under applicable law, you hereby grant to GTPL, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all Feedback. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
SECTION 5 – THIRD PARTY TOOLS
We may provide you with access to third-party tools and applications (collectively, “Third Party Tools”) which we neither monitor nor have any control nor input. We are providing these Third Party Tools to you only as a convenience and we do not imply any endorsement or recommendation of such Third Party Tools, or of any association of us with the third party providers of such Third Party Tools. You acknowledge and agree that we provide access to such Third Party Tools "as is” and “as available,” without any warranties, representations or guarantees of any kind, and we shall have no liability whatsoever arising from or relating to your use of Third Party Tools. Any use by you of Third Party Tools offered through the Site is entirely at your own risk and discretion. Third Party Tools are subject to their own terms and policies, including privacy and data gathering practices.
SECTION 6 - THIRD PARTY PROMOTIONS AND LINKS
Our Site and Services may contain advertisements and other promotional content of third parties including links to third party websites or vendors (collectively “Third Party Promotions and Links”). We are providing these Third Party Promotions and Links to you only as a convenience and we do not imply any endorsement or recommendation of such Third Party Promotions and Links, or of any association of us with the third party providers of such Third Party Promotions and Links. You acknowledge and agree that we are not responsible for examining or evaluating the content or accuracy of such Third Party Promotions and Links, we do not make any warranties, representations or guarantees of any kind regarding such Third Party Promotions and Links, and we shall have no liability whatsoever arising from or relating to your use of such Third Party Promotions and Links or for any materials, products, or services purchased or obtained in connection with any such Third Party Promotions and Links. Any use of, or purchase made by you in connection with, any such Third Party Promotions and Links is entirely at your own risk and discretion. Third Party Promotions and Links are subject to their own terms and policies, including privacy and data gathering practices. Complaints, claims, concerns, or questions regarding Third Party Promotions and Links, including any materials, products, or services purchased or obtained in connection with any such Third Party Promotions and Links, should be directed to the third party provider of such Third Party Promotions and Links.
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site in relation to providing the Services that contains typographical errors, inaccuracies, omissions, or information that is not complete or current, including as related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, at any time and without prior notice (including after you have submitted your order), if any information in the Services or on the Site is inaccurate, incomplete, or not current.
We undertake no obligation to update, amend or clarify information in the Terms or on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on the Site, should be taken to indicate that all information in the Services or on the Site has been modified or updated.
SECTION 9 - DISCLAIMER OF WARRANTIES
VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE AND RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE ANY OR ALL PORTIONS OF THE SITE AND SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SERVICE, ANY SERVICE CONTENT, AND ANY PRODUCT, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, THE SERVICE CONTENT, AND ALL PRODUCTS, PROVIDED TO YOU ARE PROVIDED 'AS IS' AND 'AS AVAILABLE,' WITHOUT ANY REPRESENTATION, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY PURPOSE, DURABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, TITLE, AND NON-INFRINGEMENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR SITE, ANY SERVICE, ANY SERVICE CONTENT, OR ANY PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS (OR SUCH OTHER MINIMUM PERIOD PRESCRIBED BY APPLICABLE LAW) FROM THE DATE OF YOUR FIRST USE OF OUR SITE, SERVICE, SERVICE CONTENT, OR PRODUCT, AS APPLICABLE. NO WARRANTIES ARE MADE BY ANY OF OUR SUPPLIERS.
SECTION 10 – LIMITATION OF LIABILITY
IN NO EVENT SHALL GTPL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE FOR ANY INJURY, PROPERTY DAMAGE, LOSS, LIABILITY, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, COST OF COVER OR REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATED TO THE TERMS, OR YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SERVICES, ANY SERVICE CONTENT, OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
GTPL’S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THE TERMS AND YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SERVICES, ANY SERVICE CONTENT, AND ANY PRODUCTS PROCURED USING THE SERVICES, FOR ANY CAUSE WHATSOEVER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, WILL AT ALL TIMES BE LIMITED TO THE PRICE ACTUALLY PAID BY YOU TO US FOR THE ORDER RELATED TO THE PARTICULAR PRODUCT GIVING RISE TO THE LIABILITY, OR IF IT IS NOT RELATED TO A PARTICULAR PRODUCT, TEN U.S. DOLLARS (USD 10). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ALTER THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN.
SECTION 11 - EXCLUSIONS
Some states and jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in Sections 9 and 10 above may not apply to you.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold GTPL and its parent, subsidiaries, affiliates, successors, assigns, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees of GTPL (collectively, “Indemnified Parties”), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by GTP or any Indemnified Party arising out of or relating to (a) your access and use of, or inability to access and use, the Site, Services, or Service Content, (b) Your Content, or (c) your violation or breach of any provision of the Terms, any law, or the rights of any third party.
SECTION 13 - COPYRIGHT POLICY
It is our policy to remove, or disable access to, material that infringes any copyright from our Site or through our Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on our Site or through our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Site or through our Services; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Growthways Trading Private Limited
353-F, Growthways Trading Private Limited, Centrum Plaza, Sector 53
Gurgaon, Haryana, 122003
Attention: Copyright Agent
SECTION 14 - TRADEMARKS
All trademarks, logos and service marks displayed on the Site, Services, or Products (“Marks”) are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party owner of such Marks.
SECTION 15 - SECURITY
Security is a high priority for us, and we make reasonable efforts to protect your account through the design of our Site and Services, as well as through technical means, including the use of encryption and firewalls. However, no company, including GTPL, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your account or Your Content, including your personal information, while it is transmitted over the Internet or stored on our Site or Services. The Site is hosted on Shopify, Inc.’s e-commerce platform.
SECTION 16 - TERMINATION
Termination by You. You may terminate your account with us at any time and for any or no reason by providing notice of termination to us through either of the following methods: by issuing an email to firstname.lastname@example.org by sending written notice by registered or certified mail, return receipt requested, addressed to Growthways Trading Private Limited, 353-F, Centrum Plaza, Sector 53 Gurgaon, Haryana, 122003 India and in each case marked as follows: “Re: Termination of Account.”
Termination by Us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Site or Services at any time, for any or no reason, including your violation or breach of any provision of the Terms.
Effect of Termination. All licenses granted to you in the Terms will immediately cease upon any termination of the Terms. If your account or access to the Site or Services is terminated or suspended whether by you or by GTPL, you will not be entitled to any refund and you will have no further right to access your account or the Services. The following sections shall survive any termination of the Terms: 3 (inclusive) through 21 (inclusive).
SECTION 17 – NOTIFICATIONS
Except as otherwise specified in the Terms, legal notices shall be served to the email address you provided to GTPL during the user registration process. You may serve legal notices to GTPL by issuing an email to email@example.com by sending written notice by [registered or certified mail, return receipt requested], addressed to Growthways Trading Private Limited, 353-F, Centrum Plaza, Sector 53 Gurgaon, Haryana, 122003 India and in each case marked as follows: “Attention: Terms.” Notice provided by email shall be deemed given 24 hours after the email is sent, and notice provided to GTPL by registered or certified mail shall be deemed given when received by GTPL.
SECTION 18 - GOVERNING LAW
The Terms and any action related to the Terms will be governed and interpreted by and under the laws of the State of California, United Kingdom without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms or the Products.
SECTION 19 - LEGAL DISPUTES
Disputes. Before resorting to formal dispute resolution in accordance with Section 19.2, GTPL strongly encourages you to first contact us directly to seek a resolution by reaching out to Customer Care at firstname.lastname@example.org .
Arbitration Option. You and GTPL each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or any previous versions of the Terms, your use, or inability to use, the Site, Services, Service Content, or Products, shall be resolved exclusively through final, binding and confidential arbitration (“Agreement to Arbitrate”), rather than in court, except that you may assert claims in small claims court, if your claims qualify. IF YOU ARE A NEW USER TO THE SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL (POSTAGE PREPAID) THE OPT-OUT NOTICE TO GROWTHWAYS TRADING PRIVATE LIMITED, ATTENTION: TERMS, RE: OPT-OUT NOTICE, Right Wing, 2nd Floor, Orchid Center, Sector 53 Gurgaon, Haryana, 122003 India.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND GTPL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED SHALL NOT AFFECT OTHER USERS.
Arbitration Procedure. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association, provided that arbitrator and the parties shall comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Judicial Forum. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Santa Clara County, California. You and we agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
Equitable Relief. Notwithstanding anything in Section 19 to the contrary, to the extent you have in any manner violated or threatened to violate any of our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction, including in the State of California, and you consent to the personal jurisdiction and exclusive venue in such courts.
SECTION 20 - MISCELLANEOUS
The failure of GTPL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms (which includes the terms and conditions set forth herein and those additional guidelines, terms and policies referenced herein and available on the Site) constitutes the entire agreement and understanding between you and us and govern your use of the Site, Services, and Products, and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, provided that such determination shall not affect the validity and enforceability of any other remaining provisions. Any ambiguities in the interpretation of the Terms shall not be construed against the drafting party. As used in the Terms, the word “including” means “including but not limited to.” The headings used in the Terms are included for convenience only and will not limit or otherwise affect the legal import of the Terms. You agree not to export, re-export, or transfer, directly or indirectly, any technical data acquired from us, in violation of United Kingdom or any other country’s applicable export laws or regulations. Neither the rights nor obligations arising under the Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign the Terms without restriction. You acknowledge that GTPL shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you of GTPL’s intellectual property or proprietary rights or Section 4 above.
SECTION 21 - QUESTIONS
Questions about the Terms should be sent to us at email@example.com or by writing to us, by sending us [registered or certified mail, return receipt requested], addressed to Growthways Trading Private Limited, 353-F, Centrum Plaza, Sector 53 Gurgaon, Haryana, 122003 India and in each case marked as follows: Attention: Terms.
© 2014, Growthways Trading Private Limited. All Rights Reserved.