TERMS OF USE

1. Introduction

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.godr.com website.

The domain name www.godr.com (hereinafter referred to as "Website") is owned by GoDoctor Solutions Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 30, Park Area, Karol Bagh, New Delhi, India (hereinafter referred to as "GoDoctor").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the "Website & Mobile Platform inclusively" including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with GoDoctor Solutions Private Limited and these terms and conditions including the policies constitute Your binding obligations, with GoDoctor.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term "We", "Us", "Our" shall mean GoDoctor Solutions Private Limited.

When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by GoDoctor Policies as amended from time to time.

2. Privacy Policy

2.1. Collection of information

The Website may during the course of the User's usage of the Website collect the following personal and non-personal information and such other information from the Users for accessing the Website ("Information"), as may be required from time to time. The Information shall be collected in order to conduct operations on the Website.

2.1.1. Personal Information:

  1. Name of the User;
  2. Phone number (mobile and/or residence and/or alternative) of the User;
  3. Gender of the User;
  4. Date of birth of the User;
  5. Address (official/residence/other) of the User;
  6. Email Id (primary/alternative) of the User;
  7. Registration number with the Medical Council of India;
  8. Credit and/or Debit card details including card number, date of expiry, CVV or CVV2 number, password, and name on the card of the User (in case of job listings/advertisements);
  9. Other payment instrument details of the User, where applicable;
  10. Personal information received from social networking sites through which the User has registered to the Website including name, profile picture, email address or friends list, and any information made public in connection with that social media service;
  11. Internet protocol(IP) address of the User;
  12. Any other personal data or information of the User as may be stated in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 enacted under the Information Technology Act, 2000; and
  13. Such other information that may be required to access and operate the Website.

2.1.2. Non-personal information:

  1. Details of internet or telecom service provider of the User;
  2. Location of a User;
  3. Type of internet browser being used by the User; and
  4. Such other information that may be required to access and operate the Website

2.1.3. Please be advised that in addition to the above, the duration of use of the Website by the User may also be logged and stored by the Website.

2.1.4. The Information may be collected and/or stored in electronic form, however, the Website is hereby authorized by the User to collect/store such information is physical form as well.

2.1.5. The Website may share the Information of a User with any third party entities subject to such entities adopting reasonable safety standards with respect to the use of such Information.

2.2. Representation and Warranties

Every User hereby represents and warrants to the Website that:

2.2.1. all Information derived from in relation to their medical qualifications and experience are true, correct, current and updated;

2.2.2. the officers, directors, contractors or agents of the Website shall not be responsible in any manner whatsoever with regard to the authenticity or veracity of the Information that a User may provide to the Website.

2.2.3. the User shall indemnify and hold harmless the Website and each of the Website's officers, directors, contracts or agents and any third party relying on the Information provided by the User in the event the User is in breach of this Policy.

2.3. Purpose and use of information

All Information collected/stored by the Website shall be used:

2.3.1. to improve your experience on the Website by providing relevant content and suggestions and continuously evolve the product and our services based on usage patterns across user niches;

2.3.2. to conduct research and surveys for business development;

2.3.3. to implement the necessary security practices to ensure that all personal data are protected;

2.3.4. to administer the User accounts in normal course of business;

2.3.5. to contact the Users in case where fraud, illegal activities or breach of privacy is recorded;

2.3.6. to enable a future investor to analyze the business of the Website; and

2.3.7. such other purposes at the Website, at its sole discretion, however subject to the principles contained in this Policy, may deem fit.

2.4. Sharing of information

2.4.1. Every User hereby expressly agrees and that the Website may share the Information collected from the them with its affiliates, employees, agents, third party service provider, sellers, suppliers, banks, payment gateway operators and such other individuals and institutions located within or outside India from time to time to ensure efficient management of User accounts, to detect and prevent identity theft and other illegal acts, to provide specialized, respond to legal, judicial, quasi judicial law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law and for such other purposes that the Website may deem fit from time to time.

2.4.2. Every User hereby represents and warrants that that sharing of such Information shall not cause any wrongful loss/gain or damage to either the User or to any third party.

2.5. Third party website links

The Website may contain links that will redirect the Users to third party websites that may have access to the personal information of the User to which this Policy shall not be applicable. Thereby every User agrees and acknowledges that accessing third party websites through links provided in the Website will solely be at the Users discretion. Additionally, the Website shall under no circumstance be held liable for breach of privacy by such third party website nor shall it be liable for any objectionable content that may be displayed on such third party website.

2.6. Protection of Information

2.6.1. The Website understands and acknowledges the importance of security and protection of the Information provided by and/ or collected from the Users. Pursuant to the same the Website shall make the best efforts to ensure protection of Information by use of such security measures and programmes that it may deem fit for the purpose. The Website shall employ best efforts to protect the Information against any unauthorized, illegal and fraudulent use of such Information by third parties.

2.6.2. Notwithstanding anything to the contrary, the Website shall not be held responsible for any loss, damage or misuse of the Information caused to the User, if such loss, damage or misuse is attributable to a force majeure event.

2.6.3. The Website shall adopt appropriate encryption and security measures to prevent any hacking of the information of the Users and third parties and shall ensure that the User shall not be required or asked to disclose any Information, which may be prejudicial to interests of the User.

2.6.4. The Website shall use the Information collected from the Users in accordance with applicable laws including but the Information Technology Act, 2000 and the rules made there under and use the data only for the purpose of completing the transaction for which it was furnished, and shall not sell or otherwise furnish such information.

2.6.5. All information pertaining to payment instruments like debit card, credit card and other instruments shall be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).

2.6.6. The User agrees and acknowledges that the Website shall be entitled to share the Information with third party entities for such purposes as it may deem fit, however, such sharing of information shall be subject to such third parties being bound by appropriate data protection provisions.

2.7. Mobile Application

By downloading the mobile application of GoDoctor, You expressly acknowledge and agree that in order to provide the service, GoDoctor may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the service. You hereby give your express consent to GoDoctor to access your contact list and/or address book for mobile phone numbers in order to provide and use the service.

2.8. Withdrawal of Information

2.8.1. All Information provided and/ or collected by the Website may be withdrawn at any time during or pursuant to usage of the Website by a User.

2.8.2. Users desirous of withdrawing the Information shall send an email to the Grievance Officer and request for such withdrawal.

2.9. Grievance Redressal

2.9.1. The User may, report violation of breach of privacy, Information or identity theft or grievances in relation to the Information shared, collected, stored or disseminated in accordance with this Policy, to the Grievance Officer appointed by the Website in accordance with the Information Technology Act, 2000 at the following:

Grievance Redressal
Attn: Mr. Anubhav Jain
Address: 407, 4th Floor, Iris Tech Park, Sohna Road, Sector-48, Gurgugram 122001, Haryana, India.
Phone Number: +91.8882338899
E-Mail Address: suppourt@godr.com

3. Platform Usage Guidelines

GoDoctor.com users must provide their real names and information at the time of registration and must keep the information accurate and updated. The information provided by you shall be verified by the GoDoctor team. Here are some commitments you make to us relating to creating and maintaining your GoDoctor profile (identity) and the security of your account:

3.1. You should be more than 18 years and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force to create an account on GoDoctor.

3.2. You must be a medical professional i.e. a Doctor registered in your country, a medical student, a representative of a healthcare organization or body or have some nexus with the medical fraternity at large.

3.3. You will not provide any false personal information on GoDoctor, or create an account for anyone other than yourself or the organisation you belong to and are authorised to represent, without written permission from GoDoctor.

3.4. You will not create more than one personal account. However, you may create one personal account and another account for the organisation or body you represent.

3.5. If you already have an account which has been suspended by GoDoctor, you shall not create a new account without written permission from GoDoctor.

3.6. You will keep your contact and profile data accurate and up-to-date. In the event your profile information is incomplete, GoDoctor reserves the right to send you reminders on your registered e-mail address until such information is complete.

3.7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

3.8. You will not transfer your account to anyone without written permission from GoDoctor.

3.9. If and when you select a username or similar identifier for your account or profile page, we reserve the right to remove or reclaim it if we believe it is appropriate to do so, such as when a trademark owner or another user complains about a username that does not closely relate to a user's actual name.

3.10. You shall not post any research or content on GoDoctor which has been plagiarised or is the copyright of some other individual or organisation.

4. Password & Passcode Management

4.1. The User shall be responsible for safeguarding the password and passcode that they use to access the Services and for any activities or actions under your password and passcode. The Website encourages you to use "strong" and "difficult" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) and passcodes (passcodes that use combination of numbers or design patterns) with your account. We shall notify you about any change in your password or passcode on your registered e-mail address. We strongly urge you not to share your password or passcode with anyone and we shall not be liable for any loss or damage arising from your failure to comply with the above.

5. Sharing your Content and Information

We allow users to upload, submit, store, send or receive content and share it with other users. It is important for you to understand the kind of content and information attributable to you and how it is shared with other users of the GoDoctor service. This section details how each of the above type of content is shared. As a general rule, you retain ownership of any intellectual property rights that you hold in any content that you upload. In short, what belongs to you stays yours.

Your content may be broadly classified into six categories. Sub-sections 5.1 to 5.6 below explain how your content from each category is shared. Sub-sections 5.7 onwards mention other important conditions regarding your content.

5.1. "Your profile data": Information related to your profile such as name, specialty, subspecialty, qualification details, experience, profile picture, research papers, etc. Your full profile data is always fully visible to your connections. For non-connections, you have the option to choose between sharing your full profile data or brief profile data. The option can be found in your account privacy settings. Your full profile data shall be visible to recruiters to whose job listings you reply to.

5.2. "Your contact information": Your personal contact information includes your mobile number and e-mail address. Your contact information is considered as highly confidential by us and you have the option to choose between sharing it or not sharing it with your Connections. Your contact information is not visible to non-connections. Your contact information will be shared with the organisation, when you apply for or show interest in any listing posted by that organization. Besides the above mentioned situations, your contact information will never be shared with any other user, company or third-party without your express consent.

5.3. "Your posts": Information you post on the GoDoctor network, such as articles, updates, links, photos, videos etc. including your likes, comments and shares on or of other members' posts. Your posts are visible to your connections and followers. Please note that any member on GoDoctor can follow any other member and as such, theoretically and potentially, your posts are visible to any member on GoDoctor. Your posts which are posted on the Global Feed shall be visible to all the members of GoDoctor.

You are requested to add only people you know as a Connection. We reiterate that GoDoctor is an open public network and GoDoctor does not verify users at the time of registration and does not take responsibility and is not liable for any data loss or breach of privacy resulting out of display of "Your profile data", "Your Contact information", "Your profile updates" or "Your posts" to members who you have added or accepted as Connections.

Additionally, we also request you to use common prudence and verify the content posted by other users on GoDoctor before relying on the same. GoDoctor does not take any responsibility for any information posted on it.

5.4. "Your listings/ advertisements": You on payment of our fee can post job listings for vacancies in your organisation or body or to advertise on GoDoctor. These listings/advertisements shall be visible to all our members. GoDoctor is not responsible for any unwanted/spam calls which the user might get pursuant to the posting of such listings/advertisements.

5.5. "Your messages": The information contained in the personalised messages sent to you or received by you from other users using the GoDoctor messaging system. The messages sent by you are private communications between you and the recipients/sender and only visible to you and to the recipients/sender of the message.

5.6. "Your replies": The information pertaining to your application to or interest shown in any Job opening or advertisement on the GoDoctor network. Your replies are your private information and not visible to any member on the network except the company that you have applied to or shown interest in and/or the company or organisation whose product/services you wish to avail.

5.7. "Your referrals": The information pertaining to the patients/clients referred by you to other users of GoDoctor. Your referrals shall only be visible to you and the users you have referred the patients/clients to. You shall be solely responsible for all the patients/clients referred by you and GoDoctor does not take any responsibility for the same.

6. Infringement Policy

6.1. You shall not post any content or research on the Website that infringes upon the copyright and/ or trademark of any person or company/organisation. GoDoctor reserves the right to delete any such content or research which is reported and found to have been plagiarised/ copied.

7. Copyright Policy

7.1. You may save copies, download, and print or otherwise store for personal purposes the content put up on the Website in only such manner that does not alter/modify the relevant content in any way or delete or violate any intellectual property including but not limited to trademarks and copyrights of either GoDoctor or any other user.

7.2. The content posted by you that is covered by intellectual property rights, like photos and videos, you provide us with the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with GoDoctor ("License"). This License ends when you delete your content on your account, unless your content has been shared with others and they have not deleted it.

7.3. When you delete your content that is covered by intellectual property rights, it immediately becomes invisible to any user on the system, unless the same has been shared by any other user and that user has not deleted it. However, removed content may persist in backup copies for a reasonable period of time (but will not be available to other users or to any third parties).

7.4. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GoDoctor, its users and the public.

8. Member Verification

8.1. We shall verify the personal data and information uploaded by you on the GoDoctor network. In the event we find any discrepancies in the information, we shall update you on the status of the same on your registered e-mail address. If such information is not rectified, we reserve the right to deactivate your account.

8.2. Verified User. Any medical professional i.e. doctors, whose registration number with the Medical Council of India has been verified by GoDoctor or any company whose certificate of incorporation has been verified by GoDoctor shall be registered on the network as "Verified Users". GoDoctor, however, shall not take any responsibility for the actions or behaviour of such users and such categorization is only indicative of their registration having been verified.

9. Authenticity and Validity of information

9.1. GoDoctor shall not be liable or responsible for the authenticity and validity of any information or content posted on its network. Users are advised to verify and authenticate the information based on their own judgement before using or acting on it.

10. Rights and Limitations of Members

You agree that your job listing, advertisements, posting and / or Information:

10.1. shall not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services;

10.2. shall not pertain to good , services of which you are not the lawful owner or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for;

10.3. shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;

10.4. shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party;

10.5. shall not be obscene, contain pornography or contain "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

10.6. shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms;

10.7. shall not distribute viruses or any other technologies that may harm GoDoctor or the interests or property of GoDoctor users or impose an unreasonable load on the infrastructure or interfere with the proper working of GoDoctor;

10.8. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

10.9. shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing;

10.10. You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.

11. Deleting posts and Deactivation of users

11.1. In the event GoDoctor or any user becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms and Conditions then, GoDoctor, by itself or upon receipt of a communication from any of its users, without any prior notice take down such objectionable content from the Website.

11.2. On being reasonably convinced that the defaulting user was not guilty or that the user made a genuine mistake or is apologetic and undertakes to not indulge in similar activities in the future, GoDoctor may reactivate a suspended user's account.

11.3. GoDoctor also reserves the right to suspend any user if he/she is found utilizing a false identity for an account or handling the account for an organization without requisite authorization.

11.4. For any reporting in respect of the aforesaid, the user should contact GoDoctor at [.].

12. Terms for Job Listings

12.1. By posting/uploading a job listing on the Website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify GoDoctor against all claims, damages arising out of actions/claims that may be made in relation to the same.

12.2. GoDoctor offers no guarantee nor warranties that there would be a satisfactory response or any at all response once the job is put on display.

12.3. GoDoctor shall in no way be held liable for any information received by the User and it shall be the sole responsibility of the User to check, authenticate and verify the information/response received at its own cost and expense.

12.4. The Website shall commence providing services only upon receipt of amount/charges upfront either from the User or from a third party on behalf of the User.

12.5. The User/recruiter shall be deemed to give an undertaking to GoDoctor that the jobs sought to be advertised on the classified section of the Website are in existence, are genuine and that the User / recruiter has the authority to advertise for such jobs.

12.6. The User/recruiter must give an undertaking to GoDoctor that there shall be no fee charged from any person who responds to jobs advertised on the classified section of the Website for processing of applications / responses from such person.

13. Intellectual Property Rights

13.1. Intellectual Property Rights ("IPR") for the purpose of these Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.

13.2. All IPR on the Website exclusively belong to either the Website or the Users, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party or any other user during or pursuant to its use of the Website for any purposes whatsoever.

13.3. All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain GoDoctor as the owner of such domain name.

13.4. The Parties hereto agree and confirm that no part of any IPR mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.

13.5. Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.

14. Payment

14.1. The usage of the Website is free of cost for the User. However, the User shall have to pay the requisite fee in order the avail the services in relation to posting job listings and advertising on the Website.

14.2. The payment for service once subscribed to by the User shall not refundable and any amount paid shall stand appropriated.

14.3. The amount paid entitles the User alone to the service by GoDoctor for a period of subscription opted for from the date of making the payment.

14.4. Failure to pay may result in the termination of your subscription.

14.5. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates.

14.6. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.

14.7. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.

15. Indemnity

15.1. The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after inpidually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :

15.1.1. The User's breach of these Terms of Use; or

15.1.2. Any claims made by any third party due to, or arising out of, or in connection with, the User's use of the Website; or

15.1.3. Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or

15.1.4. Violation of any rights of any third party by the User, including any IPR.

Each an "Indemnity Event"

15.2. Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.

15.3. The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.

15.4. Notwithstanding anything to contrary, the Website's entire and aggregate liability to the User under and in relation to these Terms of Use shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User/recruiter/advertiser to the Website under the relevant order to which the cause of action for the liability relates.

15.5. Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User's use of or access to the Website.

16. Applicable Law

16.1. These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The courts in [New Delhi] shall have exclusive jurisdiction in respect of any matters arising herefrom .

17. Dispute Resolution

17.1. In the event any dispute arises out of or in connection with the Terms of Use herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.

17.2. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.

18. General Provisions

18.1. Notice: All notices to be issued pursuant to these Terms of Use shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms of Use shall be sent to the Website's grievance officer by e-mail at [.].

18.2. Assignment: This Terms of Use shall not be assigned or otherwise transferred by the User. However the Website's obligations under these Terms of Use are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.

18.3. Severability: If any provision of these Terms of Use is void, or is so declared, such provision shall be severed. The Terms of Use shall otherwise remain in full force and effect.

18.4. Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

18.5. Relationship and Exclusivity. Nothing in these Terms of Use shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.

18.6. Force Majeure: If performance of any Service under these Terms of Use by the Website is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.