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Terms of Use (Seller)

  1. General Information

    1. This document is an electronic record in terms of the Information Technology Act, 2000, and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of Indiahandmade marketplace platform - www.Indiahandmade.com.
    2. The Platform is owned by the Ministry of Textiles Udyog Bhawan, Rafi Ahmed Kidwai Marg, Rajpath Area, Central Secretariat, New Delhi, Delhi 110011.
    3. Your use of the Indiahandmade services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Indiahandmade including the applicable policies which are incorporated herein by way of reference. By mere use of the Indiahandmade, you shall be contracting with the Ministry of Textiles the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Indiahandmade.
    4. For the purpose of these Terms of Use, wherever the context so requires. The term "Indiahandmade", "We", "Us", and "Our" shall mean Indiahandmade and its affiliates.

  2. DEFINITION

    1. This page, together with the documents hyperlinked from it, set out the Terms of Use (“Terms”) for visitors to the website https://www.indiahandmade.com/, including users Indiahandmade portal (“Platform” or “Website”).
    2. Sellers of the Platform (“Sellers”) include Artisans, weavers, NGOs, entities, etc. as Sellers selling their articles/ goods/ products on the platform; 
    3. Buyers on the Platform (“Buyers”) include Individuals, entities, corporates, etc. who are looking to buy the products of the Sellers on the platform. 
    4. The acts of uploading and displaying articles/ goods/ products and buying the products as available on the platform, for the purposes of these Terms, be collectively known as the (“Approved Purposes”).
    5. Users of the platform (“User” or “Users”) include both Sellers and Buyers of the platform as mentioned aforesaid.

  3. SELLER’S ACCESS TO the PLATFORM 

    1. Access to the Platform is permitted on a temporary basis, and we reserve the right to withdraw, suspend, or restrict the availability of all or any part of it for business or operational reasons without notice.
    2. Subject to the conditions of this Agreement, the Platform provides the User the following limited, removable, non-exclusive, global, non-transferable, non-assignable rights and licences (each one a "License"):
      • The License to access, view, and use any portion of the Website (including, without restriction, any data or services offered on or through the Website) solely for your personal, lawful use, as intended by the Website's standard functionality.
      • The authorization to create a registered personal account (along with the associated Username and password) on the Website.
      • Subject to this Agreement, the licence to use any other feature specifically made available by "Indiahandmade.com" on or via the Website for Seller’s use.
      • We do not guarantee that the Platform will always be available or be uninterrupted. We will not be liable if for any reason the Platform, or any part of it, is unavailable at any time for any period.
      • If you choose, or you are provided with, a Seller’s identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
      • We have the right to disable any Seller identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
      • You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that any person who uses the Platform on your behalf is aware of these Terms and complies with them.

  4. SELLER’S ELIGIBILITY

    1. Sellers may only use the Platform if they wish to use the platform to sell their goods/ articles/ products or contrary to it, wish to buy the products/ articles/ goods displayed on the platform.
    2. Sellers may only use the Platform if they are legally capable of entering into this form of contract and are at least 18 years of age. 
    3. You agree that you will ensure that all details that you input to the Platform are true, accurate, current, and complete during the period of use by you of the Platform and/or the period during which such details may be accessed by others. In the event that any such details become inaccurate, out-of-date, or incomplete, you will make appropriate corrections as soon as is reasonably practicable. If you are, for any reason, unable to make such corrections, then you agree to notify us of the relevant changes by emailing us at grievance@indiahandmade.com. If the Seller fails to provide the updated/modified/correct address, the same will not be changed and the order/shipment will be picked up from the address available with the Indiahandmade.
    4. As a registered Seller, you shall list item(s) for sale on the Platform in accordance with all the policies of Indiahandmade. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such a sale.
    5. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the Buyer.

  5. PAYMENT FACILITY FOR SELLERS

    1. While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
      • Lack of authorization for any transaction/s, or
      • Exceeding the preset limit mutually agreed by You and between "Bank/s", or
      • Any payment issues arising out of the transaction, or
      • Decline of transaction for any other reason/s
    2. All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform.
    3. Before shipping/delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
    4. Transactions, Transaction Price, and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between Buyer and Seller, and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render IndiaHandmade liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services, or fraud as regards the products and /or services listed on the Platform.
    5. You have specifically authorized IndiaHandmade or its service providers to collect, process, facilitate, and remit payments and/or the Transaction Price electronically to and from other Users in respect of transactions through the Payment Facility. Your relationship with IndiaHandmade is on a principal-to-principal basis and by accepting these Terms of Use you agree that IndiaHandmade is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are paid for by using the Payment Facility. IndiaHandmade does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
    6. You understand, accept, and agree that the payment facility provided by IndiaHandmade is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection, and remittance facility for the Transactions on the IndiaHandmade Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing a Payment Facility, IndiaHandmade is neither acting as a trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

  6. TERMS & CONDITIONS FOR SELLERS

    1. These terms and conditions outline the rules and regulations applicable to sellers for the use of the Platform. 
    2. All commercial terms are offered by you and agreed upon between you and the Buyers alone. The commercial terms include (without limitation) price, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. 
    3. Sellers understand and agree that the Platform does not solicit/warranty your products and only provides a means to the Sellers to reach a large customer/ consumer base for selling their goods or services. 
    4. Sellers further agree that the Platform does not charge any amount from the Sellers in exchange for its services as a Platform and the services so provided by the Platform are purely complimentary and only act as an intermediary to empower the Sellers which include small artisans, weavers, etc. by giving them access to the Platform as a marketplace for their goods/ products.
    5. Sellers shall not host, display, upload, modify, publish, transmit, update, or share any information or image which:
      • belongs to another person and over which you have no right;
      • is harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing
      • is false, inaccurate, or misleading in any way;
      • infringes any patent, trademark, copyright, proprietary rights, third-party trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
      • contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
      • You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
    6. Sellers shall not attempt to gain unauthorised access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
    7. Sellers shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform or breach the security, or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.
    8. Sellers shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including “Indiahandmade”, “Indiahandmade” affiliates and associated entities, or otherwise engage in any conduct or action that might tarnish the image or reputation of “Indiahandmade” or Sellers on the platform or otherwise tarnish or dilute any “Indiahandmade” trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Indiahandmade’s systems, networks, or any systems or networks connected to the Platform.

  7. SELLER PERFORMANCE AND REMOVAL

    1. The Platform shall establish and communicate the Standards and associated performance Metrics to Sellers through the platform and/or other written communications, and shall regularly monitor Seller performance based on these Standards and Metrics.
    2. Metrics: The Platform will monitor Seller performance based on the following key Metrics:
      1. Order Fulfilment:
        • Late Shipment Rate: Percentage of orders shipped after the expected ship date (within 5 business days). 
        • Target: Below 10%.
      2. Customer Returns:
        • Return Dissatisfaction Rate: Percentage of valid return requests resulting in negative customer feedback. 
        • Target: Below 10%.
      3. Policy Compliance:
        • Policy Violations: Number and severity of violations of Company policies.
        • Target: Zero violations.
      4. Inventory Management:
        • In-Stock Rate: Percentage of time products are in stock. Target: Above 90%.
        • Stock-Out Rate: Percentage of time products are out of stock. Target: Below 10%.
      5. Order Cancellation Rate: Percentage of orders cancelled by customers after placing the order. Target: Below 10%.
    3. Consequences of Non-Performance: In the event of a Seller's repeated non-performance, not more than 3-5 times, falling below the established Metrics, IndiaHandmade may, at its sole discretion, take actions against the Seller, including but not limited to:
      • Issuing written warnings to the Seller;
      • Removing specific products associated with the non-performance;
      • Temporarily suspending the Seller's account;
      • Permanently deactivating the Seller's account and removing all associated products from the marketplace.

  8. COMPLIANCE

    1. Sellers shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST), and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the Goods / Services supplied by you.
    2. Non-GST registered Sellers may avail the services provided by the Platform upon submission of a valid enrollment ID issued by the GST Department. Such sellers are restricted to intrastate sales only. The Platform reserves the right to verify the authenticity of the enrollment ID and may suspend or terminate the seller's account in case of any discrepancies or non-compliance with applicable laws and regulations
    3. It is the responsibility of the Seller to charge appropriate Goods and Services taxes on the supplies affected and remittance of the same to the Government. “Indiahandmade” shall not be responsible for any deficiency and/or omission on your part. Pursuant to the tax collection at source provisions under IGST, CGST, and / UTGST or SGST, the portal would collect tax collection at source @ 0.5% or at applicable rates on the net value of taxable supplies made through the portal and remit to the appropriate Government. In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to “Indiahandmade” to correspond with the relevant authorities, and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
    4.  Seller shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing. In the event, that the HSN code number is not provided it shall result in the delisting of a particular product and the product will not be sold on our platform. (Applicable to GST Sellers only)
    5. Seller shall be liable for filing the GST returns as per the scheme selected by them (i.e. QRMP, Normal) and Indiahandmade shall have no liability whatsoever towards non-filing of GST returns by the Sellers.

  9. CONTENT POSTED ON THE PLATFORM BY THE SELLER

    1. All text, graphics, Seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and “Indiahandmade” has no responsibility or liability over such third-party generated Content as “Indiahandmade” is merely an intermediary for the purposes of this agreement. Except as expressly provided in the agreement, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Indiahandmade’s prior written consent/ approval.
    2. Sellers shall not use/ upload an existing image depicting it as a product image as the same may be subject to IPR violations. The platform shall not be liable/ responsible in case any copyright or trademark infringement claim arises due to negligence on the account of the Seller and the Seller shall have the sole liability towards any such claim whatsoever.
    3. Only Sellers shall be responsible/ liable for the Content posted or transmitted on the Platform by the Sellers and Indiahandmade shall have no liability whatsoever towards the content posted by the Sellers by the Platform inclusive of the product image, description, etc.
    4. Sellers shall give true and correct details of the product/ good/ article on the Platform and the same should not be deceptive as to the original product. Physical attributes of the product/ article should be mentioned on the Platform.
    5. Sellers shall specifically state in the product description, the warranty/ guarantee or any other related service being provided by the Seller to the Buyers of the particular product. It is the responsibility of the Seller to comply and adhere to the terms of such agreements and the Platform shall neither be a part of nor be bound by the terms of any such agreements entered into between the Seller and the Buyer.

  10. RESTRICTED/ DANGEROUS ITEMS

    1.  Dangerous Goods:
      • Oil-based paint and thinners (flammable liquids)
      • Industrial solvents
      • Insecticides, garden chemicals (fertilizers, poisons)
      • Lithium batteries
      • Magnetized materials
      • Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
      • Fuel for camp stoves, lanterns, torches, or heating element
      • Automobile batteries
      • Infectious substance
      • Any compound, liquid, or gas that has a toxic characteristic
      • Bleach
      • Flammable adhesives
      • Arms and ammunitions or any weapon with blades (including but not limited to air guns, flares, gunpowder, fireworks, knives (excluding bone knives), swords, and antique weaponry)
      • Dry ice (Carbon Dioxide, Solid)
      • Any Aerosols, liquids and/or powders, or any other flammable substances classified as Dangerous Goods for transport by Air.
      • Alcohol 
      • Tobacco and tobacco-related products
      • Electronic cigarettes
      • Ketamine.
    2. Restricted Items:
      • Precious stones, gems, and jewellery (including but not limited to antique bullion (of any precious metal), diamonds, gold, platinum, trophies related to animal hunting (excluding bone articles), semi-precious stones in any form (including bricks thereof))
      • Uncrossed (bearer) drafts/cheques, currency, and coins
      • Poison
      • Firearms, explosives, and military equipment.
      • Hazardous and radioactive material
      • Foodstuff and liquor
      • Any pornographic material
      • Any Hazardous chemical items (including but not limited to radioactive material, special chemicals, material, equipment and technologies (SCOMET) items, hazardous/chemical waste, corrosive items (acids), machine parts containing oil, grease, toner)
      • Any Plants and their related products (including but not limited to oxidizing substances, sand/soils/ores, sandalwood, wood, wood pulp, edible oils, de-oiled groundnut, endangered species of plants and their parts, asbestos)
      • Any Drugs and Medicines (including but not limited to cocaine, cannabis, LSD, morphine, opium, psychotropic substances, and such other drugs, poisonous goods, contraband (such as illegal/illicit and counterfeit drugs)
      • Any Animals and human-related items/products (including but not limited to livestock, cremated or disinterred human being’s remains, human beings and any animal embryos, human beings, and any animal remains, human beings and any animal corpses, organs/body parts of human being and any animals)

  11. INVOLUNTARY/ FORCED EXIT

    Involuntary/ forced exit of Sellers can be initiated in the following manner and under the following conditions:

    • Seller does not abide by the terms of Seller Policy, Terms of Use, Privacy Policy, or any other policy or agreement being in force and applicable upon the Sellers.
    • Seller’s account remains suspended for non-compliance of GST terms for more than 6 months. (Applicable to GST Sellers)
    • Seller sells any prohibited, dangerous, or restricted items through Indiahandmade platform.
    • Seller cancels the order more than 10 times consecutively.
    • Seller delivers a different product/ article from the order placed and at least 3 (three) complaints are received by Indiahandmade and subject to the Seller not being able to prove that the dispatch was made as per the order.
    • Seller has delivered broken or damaged goods/ articles to the buyers more than 10 (ten) times in a year and is subject to the same not being a case of damage in transit.

  12. COMPLAINTS

    If you have any complaints about the Platform, please e-mail us at grievance@indiahandmade.com and we will consider your complaints carefully.

  13. OUR RIGHTS

    • Any rights not expressly granted herein are reserved to the Platform.
    • There is no association between the Platform and the Users or any other individual, business, or entity. No party shall have any authority to enforce or act as the agent of the other in any way through any provision of this Agreement, the terms and conditions, notices, or data presented on the Website stated hereunder, or any other part or pages of the Website and/or the Linked Websites.
    • We will always seek criminal prosecution of any individual, or organisation which, seeks to use Our name, material, logos, or trademarks for unlawful purposes and, where appropriate, will take action in the civil courts of any applicable jurisdiction against any individual or organisation discovered to be using Our name, logos, trademarks or the Platform for unauthorised or unlawful purposes.
    • Any delay or failure by Us to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

  14. LIMITATION OF LIABILITY

    1. Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from our negligence, we will not be responsible or liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even foreseeable, arising or in connection with: (i) the content of websites to which the Platform provides links (and we do not accept responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your use of any links to any other websites or reliance on the content of any website to which the Platform is linked or to which you are directed); (ii) use of or reliance on any content displayed on the Platform; (iii) disruption, damage of your data or computer system which you may suffer as a result of the transmission of any errors or viruses, worms, bugs or Trojan horses, any distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform, or to your downloading of any material posted on them, or any website linked to them or other such destructive feature via the Platform; (iv) use of, or inability to use the Platform; and/or (v) deletion of any materials relating to your use of the service on our servers or otherwise in our possession following termination of your use of the Platform.
    2. In case of failure of a transaction or unsuccessful transaction the payment portal partner would be responsible and Indiahandmade takes no liability in case of such scenarios.

  15. INDEMNITY

    You agree to indemnify, defend, and hold the Platform, its subsidiaries, and affiliates, and their respective officers, agents, members, partners, associates, directors, consultants, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement

  16. TERMINATION
    1. If you are in material breach of these Terms we may (in our sole discretion): (i) suspend, limit your access to, or terminate your use of the Platform and/or the service; and/or (iv) where relevant suspend, limit your access to or terminate your account with immediate effect.
    2. If we terminate your use of the Platform, we may delete from our servers (and from the Platform) any information or materials relating to you (and/or your use of the Platform) subject to our requirements under the Data Protection Legislation and any retention requirements as set out in these Terms.

  17. COPYRIGHT

    1. All rights, including copyright and database rights, in the Platform (and its contents), are owned by or licensed to us, or otherwise used by us as permitted by applicable law or the copyright holder. To the extent that any such rights are our property, such rights shall be retained by us.
    2. You may not remove any copyright, trademark, or intellectual property notices contained in the original material from any material downloaded or copied from the Platform.
    3. We grant you a limited revocable license to access and use the Platform and the services for the Approved Purposes only, subject to your compliance with these Terms. This license does not include the right to collect or use the information contained on the Platform for the following or any analogous purposes: (i) to create derivative works based on the content of the Platform; (ii) to create a database by systematically downloading substantial parts of the Platform; (iii) to download or copy the Platform or any part of it (other than page caching); or (iv) to sub-licence, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer or create extracts of, or derivative works from the Platform.
    4. We shall not be liable in case of Seller's use of copyrighted images for visual description of their articles/ goods/ products and such copyright claim shall be the sole liability of the Seller.
    5. If you use the Platform in a manner that exceeds the scope of this license or you breach these Terms, we may revoke the license granted to you and take further action to recover losses and/or to prevent your future use of the Platform.

  18. TRADEMARKS 

    All names, images, and logos identifying us or our services are our proprietary marks. All third-party names, logos, images, or branding relating to a company, product, or service contained on the Indiahandmade.com Platform are the trademarks, service marks, and trade names of their respective holders. Unless you have obtained the holders’ explicit written consent (either from us or the appropriate third party), we do not give permission for any use of any such trademark, service mark, or trade name by any person other than the holders. Any such use may constitute an infringement of the relevant holder’s rights including Us.

  19. CHANGES TO THE POLICY

    1. From time to time, the Platform may change, remove, add to (including without limitation by way of Additional Terms), or otherwise modify the Terms, and reserves the right to do so at its discretion. In that case, we will post the updated Terms or Additional Terms, as relevant, to the applicable Platform(s) and indicate the date of revision. We encourage you to periodically review the Terms.
    2. Your continued use of the Site or Services following the effective date of new and/or revised Terms indicate that you have read, understood, and agreed to those terms.

  20. SEVERABILITY 

    If any of these Terms should be determined to be illegal, invalid, or otherwise unenforceable, it/they shall be severed and deleted from these Terms, and all other terms and/or conditions shall remain in full force and continue to be binding and enforceable.

     

  21. ENTIRE AGREEMENT

    Without prejudice to your or our rights in respect of fraud or fraudulent misrepresentation, these Terms constitute the entire understanding and agreement between you and us regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements and understandings between you and us regarding the subject matter of these Terms.

  22. FORCE MAJEURE

    Notwithstanding any provision contained in this Terms of Use, neither party shall be liable to the other to the extent that the fulfillment or performance of any terms and conditions is delayed or prevented by revolutions, civil disorders, wars, acts of enemies, strikes, lack of available resources from persons other than the parties to this Terms of Use, electrical equipment availability or failure, fires, floods, rainfall, snowfall, earthquake, natural calamity, pandemic, central, state or municipal action, statute, ordinance, or regulation or without limiting the foregoing, any other cause not within its control and which by the exercise for reasonable diligence, it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If any force majeure event occurs, the affected party shall promptly give a written notice to the other party and shall use reasonable effects to minimize the impact of such event.

  23. GOVERNING LAW AND JURISDICTION

    1. In the event of any dispute, controversy, or claim arising out of or relating to this Terms of Use, including its formation, interpretation, performance, or breach, the dispute shall be referred to and finally resolved by arbitration.
    2. The place and seat of arbitration shall be New Delhi and the language of the arbitration proceedings shall be English. The arbitration tribunal shall consist of a sole arbitrator mutually appointed by the Parties in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
    3. This Terms of Use is subject to and shall be governed by and construed in accordance with the laws of India, with the competent Courts in New Delhi having exclusive jurisdiction.