TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY AVAILING THE SERVICES THROUGH USE OF WEBSITE/APP, MOBILE AND DESKTOP APPLICATION (COLLECTIVELY REFERRED TO AS “Website/App”), YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT AVAIL THE SERVICES FROM THIS WEBSITE/APP IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE BELOW 18 YEARS OF AGE OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS Website/App OR ANY OF THIS WEBSITE/APP'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to availing and using the services through Website/App by way of display of various products and/or services on the Website/App for the purpose of sale to end users. These Terms are subject to change by Spoteezy Tech Private Limited (“Spoteezy”) (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website/App, and you should review these Terms prior to availing the services of the Website/App. Your continued use of the Website/App after a posted change in these Terms will constitute your acceptance of and agreement to such changes. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Website/App for any purpose.
We reserve the right to change, modify, amend, or update these Terms from time to time and such amended provisions of the Terms shall be effective immediately upon being posted on the Website/App. If You do not agree to such provisions, you must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify your acceptance of the amended provisions of these Terms.
2. Website/App- MERELY A VENUE/PLATFORM
The Website/App acts as a platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. We are not parties to any negotiations that take place between the User(s) of the Website/App and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Website/App.
We do not control and are not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Website/App or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. These Terms shall not be deemed to create any partnership, joint venture, or any other joint business relationship between us and any other party.
3. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services provided by Spoteezy, including but not limited to the Website/App or any other services provided by Spoteezy, in relation to the use of the Website/App ("Services"). Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use Services.
User(s) agree to abide by the Terms and any other rules and regulations imposed by the applicable law from time to time. Spoteezy or the Website/App shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).The user shall do its own due diligence before entering into any transaction with other users on the Website/App. Spoteezy, at it’s sole discretion reserves the right to refuse Services to anyone at any time. Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by Spoteezy.
4. USER(S) Agreement
These Terms applies to any person who accesses or uses the Website/App or uses Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Website/App, under actual or apparent authority. User(s) may use this Website/App and/or Services solely for their commercial/business purposes.
These Terms applies to all services offered on the Website/App and by Spoteezy, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Website/App. In the event of any conflict or inconsistency between any provision of these Terms and any additional terms and conditions applicable in respect of any service offered on the Website/App, such additional terms and conditions applicable in respect of that service shall prevail over these Terms. These Terms shall govern the User’s usage of Services and, the User acknowledges that these Terms shall supersede all or any term, agreement, contract executed between Spoteezy and the User.
5. Posting content on Website/Apps
Some content displayed on the Website/App is provided or posted by third parties. User(s) can post their content on some of the sections/services of the App the Spoteezy app for sellers using the self-help submit and edit tools made at the respective sections of the Spoteezy App for Sellers. User(s) may need to register and/or pay for using or availing some of these Services.
User(s) solely represent, warrant and agree to:
(a) provide Spoteezy with true, accurate, current and complete information to be displayed on the Website/App;
(b) maintain and promptly amend all information provided on the Website/App to keep it true, accurate, current and complete.
User(s) hereby grant Spoteezy an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Terms and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website/App, including but not limited to rights of personality and rights of privacy, or affecting or relating to products and services that are offered or displayed on the Website/App (hereafter referred to as "Third Party Rights").
User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Website/App or provided to the Website/App or authorized by the User(s) for display on the Website/App, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Website/App, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) agree that they will not use Spoteezy Content and/or Services to send junk mail, chain letters or spamming. Further, registered User(s) of the Website/App agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share ; or (ii) submit to Spoteezy for display on the Website/App or transmit or sought to be transmitted through Services any content, material or information that does not and shall at no point:
· Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
· Belong to another person and to which User(s) do not have any right to;
· Be part of a scheme to defraud other User(s) of the Website/App or for any other unlawful purpose;
· Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
· Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
· Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
· Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment;
· Be defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
· Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
· Solicit business from any User(s) in connection with a commercial activity that competes with Spoteezy;
· Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
· Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
· Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or otherwise create any liability for Spoteezy or its affiliates.
Spoteezy reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Website/App which in Spoteezy’s reasonable belief is unlawful or could subject Spoteezy to liability or in violation of the Terms or is otherwise found inappropriate in Spoteezy's opinion. Spoteezy reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, Spoteezy reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by Spoteezy at its sole discretion. User(s) agree that Spoteezy shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event Spoteezy takes any of the actions mentioned in this provision.
User(s) understand and agree that the Website/App acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Website/App. Spoteezy does not have any role in developing the content displayed on the Website/App. Spoteezy has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
6. INTERACTION BETWEEN USERS
Spoteezy provides an online platform to facilitate interaction between buyers and suppliers of products and services. Spoteezy does not represent the seller or the buyer in transactions.
Spoteezy shall deduct the mutually agreed commission from the payment received from the buyer and remit the balance payment to the seller.
Spoteezy does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website/App or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences on the Website/App. We shall ensure that the product is dispatched to the buyer only after the receipt of payment in our nodal account. Spoteezy however, cannot and does not confirm each User(s)’s purported identity on the Website/App. Spoteezy encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Website/App and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
· Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
· Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website/App may violate or may be asserted to violate Third Party Rights, and the risk that User(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
· Such risks further include the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Website/App as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Website/App may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that Spoteezy shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website/App , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify Spoteezy (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
You agree and acknowledge that in the event of any loss or damage to Your products during the course of transit where you choose to get the products delivered to the buyers through our Third Party Logistics Service Provider (“TLSP”), your sole and exclusive recourse shall be against the TLSP and will be governed by the conditions of carriage of the TLSP. You further agree that Spoteezy will have no liability for any loss or damage to Your products. In the event you desire to seek full coverage of loss of Your products during shipment, you may at your own discretion and costs (including premium, as applicable), insure Your products through an insurance company. In any event Spoteezy will not be liable for any disputes between you and the buyer or you and the insurance company, as the case may be.
You will ensure that all Your products handed over to the third party service provider are suitable for shipment. Third party service provider may refuse to accept any shipment that it may consider unsuitable in its sole discretion or not in compliance with the conditions of carriage of the third party service provider. Third party service provider may return or dispose of or destroy any shipment that third party service provider determines in its sole discretion to create a safety, health or liability risk to third party service provider, its personnel or any third party and in such a scenario, the title to each such disposed or destroyed shipment will transfer to the third party service provider as necessary for it to dispose of or destroy the shipment. In addition, you will compensate the third party service provider for any damages incurred including any expenses the third party service provider incurs in connection with any unsuitable shipments.
Spoteezy reserves the right to add/modify/discontinue any of the features offered under the Services.
7. Exchange/ Returns: The exchange or returns of any product or services provided by the seller to the buyers shall be as per the mutually agreed exchange/ return terms and conditions between Users and Us. The mutually agreed terms and conditions shall be provided to the buyers on the Website/App.
8. Limitation of Liability
Our liability will under no circumstances exceed the actual amount of commission received by us for the Service that you have availed through the Website/App in connection with such goods/services for which the liability might arise, nor will under any circumstances be liable for any [loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs or replacement goods or services or any consequential, incidental, special or punitive damages or losses, whether direct or indirect. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Under no circumstances shall Spoteezy be held liable for any delay or failure or disruption of the content or services delivered through the Website/App resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Spoteezy, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Website/App (including but not limited to the display of User(s) information on the Website/App) or from User(s)’s breach of any of the terms and conditions of this Terms. User(s) hereby further agree to indemnify and save Spoteezy, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to Spoteezy.
User(s) hereby further agree to indemnify and save Spoteezy, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website/App. User(s) hereby further agree that Spoteezy is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). Spoteezy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with Spoteezy in asserting any available defences.
Spoteezy shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
· The use or the inability to use the Website/App;
· Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the Website/App;
· Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
· Unauthorized access by third parties to data or private information of any User(s);
· Statements or conduct of any User(s) of the web site; or
· Any matters relating to Premium Services however arising, including negligence.
(a) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 13 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
9. Intellectual Property Use and Ownership.
You acknowledge and agree that:
Spoteezy is the sole owner and the lawful licensee of all the rights to the Website/App and its content ("Website/App Content"). Website/App Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Website/App. The Website/App Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Website/App and the Website/App Content shall remain in Spoteezy, its affiliates or licensor’s of the Website/App content, as the case may be.
All rights, not otherwise claimed under these Terms by Spoteezy, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website/App or any offer displayed on or in connection with any service offered on the Website/App ("Website/App Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. Spoteezy does not represent, warrant or endorse in any manner the accuracy or reliability of Website/App Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website/App Information.
For any content and or link uploaded to the Website/App by the User from YouTube, the User agrees to abide and accepts, the terms of service of YouTube, available at https://www.youtube.com/t/terms.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Terms shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Spoteezy be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to Spoteezy’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. Spoteezy respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. Spoteezy reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
" Spoteezy " and related icons and logos are registered trademarks or trademarks or service marks of Spoteezy in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
All Website/App Content including Website/App Information is copyrighted to Spoteezy excluding any third-party content and any links to any third-party Website/Apps being made available or contained on the Website/App. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
User(s) acknowledge and agree that Spoteezy is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Website/App have the right to sell the merchandise or provide the services offered by such User(s). Spoteezyencourages User(s) to assist Spoteezy in identifying listings on the Website/App which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, Spoteezy does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which Spoteezy declines to take down a listing, Spoteezy does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
Spoteezy respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Website/App Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Website/App (" Spoteezy Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with Spoteezy , or otherwise commercially exploiting the Spoteezy Content unless otherwise agreed between the parties. Systematic retrieval of Spoteezy Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Spoteezy is prohibited.
In addition, use of the Spoteezy Content for any purpose not expressly permitted in this Terms is prohibited and entitles Spoteezy to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of Spoteezy's Services, they will not use Spoteezy’s Services to infringe the intellectual property rights of any third parties in any way. Spoteezy reserves the right to terminate the right of any User(s) to access or use Spoteezy’s Services for any infringement of the rights of third parties in conjunction with use of the Spoteezy’s Service, or in the event Spoteezy is of the believes that User(s) conduct is prejudicial to the interests of Spoteezy , its affiliates, or other User(s), or for any other reason, at Spoteezy’s sole discretion, with or without cause.
URL’s/ Sub-domain names assigned by Spoteezy to User(s) (including both paid and free User(s)) are the exclusive property of Spoteezy and it cannot be assumed to be permanent in any case. Spoteezy reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names. IN ALL SUCH CASES, SPOTEEZY WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
Spoteezy may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the Website/Apps offered by such third parties ("Third Party Website/Apps"). Spoteezy advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Website/Apps prior to using or accessing such Third Party Website/Apps. Users acknowledge and agree that Spoteezy has no control over any content offered on Third Party Website/Apps, does not monitor such Third Party Website/Apps, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Indian territory.
13. Dispute Resolution and Binding Arbitration.
Any dispute, controversy or claim arising out of or in relation to these Terms, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Spoteezy and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Gurugram. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The Website/App specifically prohibits you from usage of any of its Services in countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website/ App is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Gurugram having exclusive jurisdiction. The failure of Spoteezy to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Spoteezy.
16. No Third Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(b) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Website/App. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(c) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Spoteezy Tech Private Limited, Tower K, TH-A, Central Park Resorts, Gurgaon. We may update the facsimile number or address for notices to us by posting a notice on the Website/App. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement.