Last modified: September 01, 2017
You are entering this User Agreement (this “Agreement”) with ACHIREDO LLP (“we,” “us,” or “Achiredo”) regarding your use of our Achiredo Shared Electric bicycle services (the “Services”) on the website we maintain (http://www.Achiredo.com/), or on our customer applications, on personal computers, or on mobile devices using operating systems such as IOS, Android, or Windows (collectively, the “Platform”).
Each time you use our website or the Services, the then-current version of the terms will apply. If you use our website or the Services after a modification of these terms, you agree to be bound by the terms as modified.
This Agreement contains important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
When you use the specific services of the Platform, you may need to read and accept the relevant supplementary terms and other related special rules posted on our website, applications or other interface of the Platform. In the event of any conflict between these supplementary terms, special rules and this Agreement, the relevant supplemental terms and special rules applicable to specific services shall prevail when specific services are used.
If you are under 18 years old, you may not use the Services. You represent that any information you submit to us when using the Services is accurate, complete, and current. You also represent that your use of the Services does not violate any applicable law or regulation.
2. USER REGISTRATION
a) You shall register with the Platform through mobile phone verification or other procedure to become a registered user on the Platform. You acknowledge and agree that the information you provide during the user registration process is accurate and complete and you shall promptly update us with any changes to the information. If we are not able to reach you using the most recent contact information on file, you shall be liable for all the losses and adverse consequences caused to yourself, others and us.
b) The user account you create following the user registration process shall only belong to you. You shall not transfer your user account, nor permit or assist others to use our services through your user account, except for those individuals or businesses that have been expressly authorized by us to create accounts on behalf of their employers or customers.
c) After successfully completing the user registration process, You may start using our Services through the Platform in accordance with this Agreement.
d) We may reject or revoke a user registration for any or no reason to the extent permitted by law. A declined user may re-register or lodge a complaint to re-register.
3. ACCOUNT SAFETY STANDARDS
a) Your account shall be set up and maintained by you, and we will not actively require you to provide your account information at any time. You will be solely and independently responsible for your account security. Please ensure that you log out at the end of each Internet session and leave the Platform following the correct steps. If you disclose your account information or your account is hacked or becomes a target of fraud by others, you will be solely responsible for any losses and consequences of such acts.
b) Except for our gross negligence and intentional misconduct, you shall be responsible for all the actions and results under your account (including, but not limited to, using the Achiredo Electric bicycles, returning the Achiredo Electric bicycles, releasing information, disclosing information, opening your address book) whether the actions and results have caused any damage to yourself or a third party.
c) We encourage you to notify the Platform immediately once you become aware of any unauthorized use of your account to log in to the Platform or other situations that may cause theft or loss of your account. Upon notice of unauthorized use, we will temporarily lock your account, but you acknowledge that doing so take a reasonable time and it will not be immediately. Except for our gross negligence and intentional misconduct, we will not be responsible for any consequence that happened before we take action.
d) Your account only belongs to you and not any other person. You agree: (1) to safe-keep your account properly; (2) to keep the login verification code safe and confidential; (3) not to transfer any part of your account (e.g., address book); and (4) to comply with all applicable laws and the terms and conditions in this Agreement. You shall be responsible for all actions and transactions made through your account unless you have closed it or reported any misuse of your account.
e) We attach great importance to the protection of your personal information and information of other users. If you come into contact with any personal information or documents of any other user through your use of the Platform or communication with others, you shall keep such information confidential and will not in any way disclose such to any other party.
4. OWNERSHIP/INTELLECTUAL PROPERTY
a) Your agreeing to this Agreement and becoming a user on the Platform only entitles you to the services on the Platform in accordance with this Agreement. There is no other authorization, cooperation or agency between you and the Platform or us.
b) The name and logo of Achiredo are trademarks of ours and may not be duplicated, imitated or used in whole or in part without our advance written approval. In addition, you acknowledge and agree that all page titles, self-made graphics, button icons and scripts on the Platform are our service logos, trademarks, or trade tresses which you shall not or cause any third party to, duplicate, imitate or use in whole or in part.
c) You acknowledge that the intellectual property rights pertaining to the Platform and relevant proprietary confidential information belong to us. You acknowledge that the intellectual property rights pertaining to any activity or information on the Platform belong to the suppliers of such activities or information. You acknowledge and agree that, without the express written authorization of the owners of such intellectual property rights, you may not modify, rent, let, sell, transmit or otherwise violate the above intellectual property rights (such as reverse engineering, decompiling).
d) You are fully and solely responsible for all content, texts and images that you upload, post, transmit, share, provide or publicize on the Platform (“User Content”). You may not upload, post, transmit, share, provide or publicize any User Content on the Platform that you did not create or that you do not have permission to upload, post, transmit, provide or publicize. You represent that you have full ownership or other legal rights to any and all of your User Content. You agree to only provide User Content not in violation of any applicable law nor any third party’s rights (e.g., not in violation of any intellectual property protection law or in breach of any agreement). Otherwise you will solely responsible for related liabilities. At any time and from time to time, and without your consent, we may review the Platform and delete, remove, or restrict any access to or viewing of any User Content, in our sole discretion and without any notice or cause. When you upload, post, transmit, share, provide or publicize User Content on the Platform, you automatically authorize us to make such copies thereof as we may deem, in our sole discretion, necessary or appropriate. By uploading, posting, transmitting, sharing, providing or publicizing User Content on the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any User Content for any purpose (commercial, advertising, or otherwise).
a) You may terminate your license by deleting certain content you have provided or closing your account on the Platform, unless it takes some time to remove the content from the backup system and other systems.
b) We will not include your content in the advertisements of others’ products and services (including sponsored content) without your consent.
c) We shall obtain your consent if we intend to grant others the right to release your content outside the Platform.
d) We may edit your content and adjust its format (such as translating it, modifying the font, layout or file name or removing metadata), but we will not modify its meaning.
e) As you have the ownership of your content and information while we only have a non-exclusive right to it, you may choose to provide it to others.
f) With regard to any suggestion or other feedback about our services you submit, you agree that we may (but are not obliged to) use and share such feedback for any purpose without any compensation to you.
5. OUR SERVICES
a) After registration, whenever you spot an Achiredo Electric bicycle, you may obtain the unlocking combination code for such electric bicycle through the Platform by scanning the QR code on bike using the Achiredo app (the “Achiredo APP”) on your mobile device, which combination code will enable you to unlock the electric bicycle and start using it.
b) Before you use an Achiredo Electric bicycle, you must carefully inspect it for any damage, including, but not limited to, handlebar flexibility, brake effectiveness, tire pressure, proper attachment of the seat and pedals, damages to the body or frame and other mechanical problem(s) or maintenance need.
c) You may not ride an Achiredo Electric bicycle if you notice any mechanical or other problem or safety issue with it; and, in such case, you must promptly notify Achiredo of all problems and issues via the Achiredo App or using other means described in our contact information.
d) If you insist on using an Achiredo Electric bicycle even though your inspection indicates or you should know that such electric bicycle is damaged, defective, or otherwise cannot work properly, you will be solely responsible, and we will not be responsible, for any damages or injuries to your body or property or the body or property of any third party.
e) You should use the Achiredo Electric bicycle in a reasonable manner. You may not damage it or restrict others’ use, including, but not limited to, damaging, vandalizing, extinguishing or concealing the Achiredo Electric bicycle, installing personal locks or other conduct that prevents use of the electric bicycle by others. You must return the Achiredo Electric bicycle in the same condition in which it was rented. If the Achiredo Electric bicycle is returned damaged or in a state of disrepair, then you will be charged a fee that is equal to the cost of repair.
f) You must obey all the local traffic rules when you use and ride the Achiredo Electric bicycle. You will be solely and completely responsible for any damages to us or any third party resulting from your violation of such rules. You acknowledge and agree that it is your sole responsibility to wear helmet and have necessary lights equipped and turned on as required by the law.
g) After each use of an Achiredo Electric bicycle, you should click on the Achiredo App “Close Trip” or equivalent button thereby terminating your use of the Achiredo Electric bicycle, ending the fee meter and paying the relevant fees. Please park the Achiredo Electric bicycle in a safe location where electric bicycle parking is permitted in accordance with the local traffic rules, for use by the next person. If there is any damage to the Achiredo Electric bicycle, confiscation or government fines resulting from your illegal parking of an Achiredo Electric bicycle, you will be held solely responsible.
h) You understand and agree that, for the benefit of you and other users, you may only use an Achiredo Electric bicycle in the city where you find it. You agree that you will not move any Achiredo Electric bicycle outside such city in any way.
i) The data generated by our computers is conclusive evidence of the period of your use of an Achiredo Electric bicycle. Your use of any Achiredo Electric bicycle is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Achiredo Electric bicycle, until the Achiredo Electric bicycle is checked back in. If the Achiredo Electric bicycle is not returned and checked in within a period of 24 consecutive hours, then the Achiredo Electric bicycle is deemed lost or stolen and your account may be charged a lost bike fee of up to ₹ _ _ _ _ _ _ , and a police report may be filed with local authorities. If an Achiredo Electric bicycle is lost or stolen while you are using it, you must report the disappearance by filing a formal police report with the local police department and also notify us within 24 hours following the disappearance.
j) In addition to, and not intended to limit, any other restrictions in connection with your use of an Achiredo Electric bicycle, you may not:
i. Ride an Achiredo Electric bicycle while carrying any briefcase, backpack, bag, or other item if it impedes your ability to safely operate the Achiredo Electric bicycle.
ii. Use any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device that may distract you from safely operating an Achiredo Electric bicycle.
iii. Operate an Achiredo Electric bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair your ability to safely operate an Achiredo Electric bicycle.
iv. Carry, tow, or otherwise transport a second person (including a child or pet) using an Achiredo Electric bicycle or in the basket.
v. Violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for electric bicycle riders.
vi. Modify, dismantle, write on, or otherwise alter or deface an Achiredo Electric bicycle or any part of an Achiredo Electric bicycle in any way, or use an Achiredo Electric bicycle for any advertising or similar commercial purpose.
vii. Attach anything to an Achiredo Electric bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem electric bicycles.
viii. Exceed the maximum weight limit for the Achiredo Electric bicycle (130 kgs).
ix. Operate an Achiredo Electric bicycle in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it more dangerous to an Achiredo Electric bicycle
x. Allow others to use an Achiredo Electric bicycle that you have checked out.
k) In connection with your use of any Achiredo Electric bicycle and the Platform, you represent and warrant, as of each time immediately before using any Achiredo Electric bicycle that:
i. You are a safe and competent electric bicycle operator, you are sufficiently fit and physically capable to safely ride a electric bicycle without any risk to your health, and (ii) you are knowledgeable about the operation of a electric bicycle, and you are knowledgeable about the laws pertaining to electric bicycles operated within the area in which you will be using the Achiredo Electric bicycle.
ii. Achiredo is not responsible for providing or maintaining bicycle lanes or any other place where you may ride an Achiredo Electric bicycle, and that Achiredo does not guarantee that there will always be a safe place to ride an Achiredo Electric bicycle.
iii. You acknowledge that roads, electric bicycle lanes, and electric bicycle routes may become dangerous due to weather, traffic, or other hazards and you must not use an Achiredo Electric bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated electric bicycle routes.
iv. Achiredo is not a common carrier and alternative means of public and private transportation are available to the general public and to you, including public buses and rail services, taxis, and pedestrian paths.
v. v.Achiredo provides Achiredo Electric bicycle only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate an Achiredo Electric bicycle on their own and who have agreed to all terms and conditions of these Rules.
6. OUR FEES
For users who have not provided electric bicycles for sharing, we will charge you fees in accordance with our fee schedules. Each use of an Achiredo Electric bicycle starts when we send you the lock combination and terminates when you click “Close Trip” or equivalent button on the Achiredo App.
a) If you have received a coupon for Achiredo Electric bicycles, you may use the coupon in accordance with the user rules provided on such coupon.
b) For your convenience, we provide you with several payment options as and when each becomes available in your region:
i. You may also make a deposit into your account and replenish your account using cash cards, Paytm. Your account will be debited for your use of Achiredo Shared Electric bicycles. When there is insufficient balance on your account, you may use Achiredo Electric bicycles on credit for one time before you will be allowed to use the electric bicycles again only when your account is replenished.
ii. Please note that you may not withdraw money from your account under any circumstances. There are no refunds of any amount in your account balance once deposited.
c) If you dispute any charge by us or to your account, then you must contact us within 10 days of your receipt of your statement containing the disputed charge.
You acknowledge and agree that in order to protect the rights and interests of other users or the Platform, we may take the following actions without notifying you in advance if we determine, in our sole and absolute discretion, that you have violated any of the terms of this Agreement:
a) If your violation results in any loss, harm, expense, cost or diminution in value to us, we will deduct a corresponding amount from your account balance to compensate for such loss;
b) We may blacklist you or bar you from using the Platform.
c) After any of the above actions is taken, we will text you a notification message. If you have any question regarding our handling of your violation, you may appeal to our customer service email at email@example.com.
8. LIMITATIONS OF OUR LIABILITY
a) We will only be responsible for damages to you resulting from any defect of an Achiredo Electric bicycle (except for where you have violated the terms of this Agreement).
b) You acknowledge and agree that our liability to you shall be capped at any policy limit of such commercial insurance policy.
c) In exchange for your being allowed to use any Achiredo Electric bicycle, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge Achiredo from all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at or in preparation for trial, appeal, mediation, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the services discussed herein, including in connection with the Platform or use of any Achiredo Electric bicycle, or (b) your use of any of the foregoing (“Claims”) that you have or may have against Achiredo arising out of or in any way related to your use of the Platform or use of any Achiredo Electric bicycle. Such releases are intended to be general and complete releases AND WAIVERS of all Claims arising out of or in any way related to your use of the Platform or use of any Achiredo Electric bicycle.
d) Without limitation of the foregoing general releases, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY APPLICABLE LAW, ACHIREDO IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THESE RULES, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, ACHIREDO ELECTRIC BICYCLES, OR PLATFORM, (C) YOUR BREACH OF THESE RULES, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY ACHIREDO, (E) YOUR FAILURE TO WEAR A ELECTRIC BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING AN ACHIREDO ELECTRIC BICYCLE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF ACHIREDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
e) YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, ACHIREDO ELECTRIC BICYCLES, OR PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, ACHIREDO ELECTRIC BICYCLES, OR PLATFORM, ACHIREDO DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, ACHIREDO ELECTRIC BICYCLES, AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). ACHIREDO DOES NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, ACHIREDO ELECTRIC BICYCLES, OR PLATFORM WILL BE IN GOOD REPAIR OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, ACHIREDO ELECTRIC BICYCLES, OR PLATFORM. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, ACHIREDO ELECTRIC BICYCLES, OR PLATFORM, AND ACHIREDO IS NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST ACHIREDO ELECTRIC BICYCLE.
a) You agree, without limitation, to indemnify and hold Achiredo harmless from any death, injury, or damage to yourself, another person or persons, or property arising out of or in any way connected to your use of any Achiredo Electric bicycle, or the Platform.
b) You agree to indemnify and hold us and our associated parties jointly providing services with us, including all operators, harmless from all liabilities, claims, losses, damages, expenses, costs (including attorneys' fees incurred at trial, on appeal, or otherwise), debts, fines, charges, or liens, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise that arise out of or relate to (i) this Agreement, (ii) your use or inability to use the Platform, (iii) your use of any information on or from the Platform, (iv) any unauthorized access or alteration of your transmission or data in connection with the Platform, (v) any action or inaction by any other user of the Platform.
c) If your conduct causes us to pay third parties' claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.
10. TERMINATION OF THE AGREEMENT
10.1 Termination Initiated by Users.You may terminate this Agreement in any of the following ways:
a) You no longer continue using the services of the Platform;
b) You cease use and expressly reject the Changes before the Changes become effective.
10.2 Settlement after Termination
a) Upon the termination of this Agreement, unless otherwise expressly stipulated by law, we shall have no obligation to disclose any information in your account to you or to any third party you designate.
b) Upon the termination of this Agreement, we shall still have the following rights:
i. To continue storing all the information you have left on the Platform;
ii. To make claims against you in accordance with this Agreement for your prior breaches.
11. COVENANTS AND PROHIBITIONS
11.1 Covenants. You shall ensure that your conduct is in compliance with the following requirements when you access or use our services:
a.Compliance with all the applicable laws, including but not limited to tort law, privacy laws, intellectual property laws, tax laws and regulatory requirements;
b.Provision of accurate information and updating them in a timely manner;
c.Using your real name, identity and other personal information in the personal data file;
d.Using our service in a civilized and professional manner.
11.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:
a.Using our applications or the Platform when you do not have the legal capacity or you are suspended from using our services temporarily or permanently;
b.Transferring your account to any third party without our consent;
c.Infringing others’ legal rights and interests in any way through the Platform, including collecting any other person’s login information or other personal information, using or attempting to use any other person’s account, harassing, insulting, threatening, coercing or hurting any other person, or sending any other person junk mails or other unwelcome messages or infringing any other persons’ intellectual property rights, etc.;
d.Interfering or sabotaging the Platform, its server or its network, or to creating unreasonable or inappropriate load on our server or system by any means, or conducting any activity that may result in breakdown, overloading or damages (including spreading worms, viruses, spywares, malwares or other destructive codes) or implanting content or codes on user browsers or devices, or altering or disturbing the render effects or display of our website on the user browser or device by other means, or uploading viruses or other malicious codes;
e.Without legal authorization, using techniques on purpose to intercept, tamper, steal, record, visit, collect, store, use, spread, disclose or delete information that you are not authorized to access from the Platform, such as other users’ personal information, content or data relating to competitive services (determined at our discretion) or other confidential information which does not belong to you;
f.Committing any illegal, malicious, slanderous, insulting, pornographic, discriminative or other inappropriate act.
g.Using inappropriate means to seek benefits, including providing in-kind gifts, consumption, entertainment or business opportunities to our employees and/or other related persons, or using any other means to seek illegal benefits;
h.Without our permission, outputting, exporting or re-outputting any of our applications, programs or tools in a way violative of relevant applicable laws or policies or our regulations.
i.Violating or evading any laws or any of our policies or rules or any decisions about your account status;
j.Taking any action to evade our technical and security measures;
k.Infringing our intellectual property rights or other rights, including but not limited to using Achiredo or our other commercial logos in any commercial name, email or website, deleting any notification contained in our services on copyrights, trademarks or other ownership, damaging any of our patents, copyrights, proprietary technology, programs, software or data base information that we possess or legally use, through copying, disseminating, publicizing, decoding, partitioning or producing derivatives etc.;
l.Without our explicit consent, implying or stating that you are an affiliate of the Platform or have any agency relationships with it.
m.Without our permission, renting, leasing, lending, borrowing, trading, selling or reselling our services or other relevant information or data, or monetizing or commercializing any of our service functions;
n.Deleting, shielding or hiding any advertisement in our services;
o.Using automatic programs or other automatic methods to visit our service, adding or downloading address books or sending or redirecting messages
p.Duplicating, modifying or creating derivatives of the Platform or any other relevant technologies (except otherwise authorized by us), or monitoring the usability, performance or functions of our services for competition purposes, or participating in establishing frame, making mirror images or other activities of imitating the appearance of our website or functions, or changing, modifying, re-editing or altering our services, or changing, modifying or altering other websites in order to create a wrong impression that such websites are related to our services
q.Visiting our services via web pages not expressly provided by us
r.Rewriting any security functions of our services or platform
s.Assisting or encouraging any violation of this Agreement or our policies
t.Any other conduct without legal authorization.
11.3 Although we impose standards for conduct on our users, we do not control or regulate our users’ conduct on the Platform. Therefore we will not be responsible for any content or information disseminated or shared by the users on the Platform. If you believe that a user has violated the terms of this this Agreement or any of our policies, then please contact us. Although we try to maintain a safe environment, we are not responsible for the posts of any user and disclaim any liability for the conduct or content of any other user. If you, under any circumstance, and without our authorization, commit any prohibited act, or publicizing and disseminating any prohibited information, you will be solely responsible for all related liabilities and risks.
12. ELECTRONIC SIGNATURES AND NOTICES
12.1 Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.
12.2 If you have a user account with us, you agree that we may provide you any and all required notices electronically through your user account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
13. GOVERNING LAW and Dispute Resolution
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Achiredo LLP as Achiredo may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Achiredo and You. The place of the arbitration shall be Gurugram, Haryana, unless otherwise mutually agreed by Achiredo and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Gurugram, India.
14. FORCE MAJEURE
We shall undertake basic security obligations in accordance with law, but will not be responsible for damages resulting from the maintenance of the information network equipment, connection failure, malfunction of the computer, communication or other system, power breakdown, strike, riot, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities or acts or omissions of any third party.
We may assign, transfer, delegate, or otherwise hypothecate our rights under the terms of this Agreement in our sole discretion. If we fail to enforce a provision of the terms of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of the terms of this Agreement is held or made invalid, the invalidity does not affect the remainder of the terms of this Agreement. We reserve all rights not expressly granted in the terms of this Agreement and disclaim all implied licenses.