Gaange INFO DIRECTORY (OPC) PRIVATE LIMITED
Gaange Info Directory (OPC) Private Limited having its registered office at First Floor, 119, Regent Place, Kolkata, West Bengal – 700040 and the company is registered at the Trade Register having Trade Mark No. 4526518 dated 10.06.2020 within the provisions of Trade Marks Act, 1999, issued by the Trade Marks Registry, Government of India.
Gaange Info Directory (OPC) Private Limited is incorporated on 18.01.2021 under the Companies Act, 2013 and the company is listed by shares having CIN U74999WB2021OPC242611 and is a one person company represented by its sole Director Sri. Bibek Ghosh, son of Amalendu Ghosh, of 158, Salt Lake, Block CB, Bidhan Nagar, North 24 Parganas, Kolkata – 700064, West Bengal, India.
The Permanent Account Number of the company is (PAN) AAFCJ0744C and Tax Deduction and Collection Account Number of the company is (TAN) CALJ08135B.
The main objects of the company is to provide business management, business administration services, online marketplaces for sellers of goods or services, online market place for buyers and sellers of goods and services, online advertising guide featuring the goods and services of other online vendors on the internet and to advertise goods and services of online vendors via searchable guide.
That “Gaange / SITE has trademark rights and have goods and services rights such as Sales; Advertising; Business management; Business administration; office functions in relation to Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors via a searchable online guide, Providing a searchable online advertising guide featuring the goods and services of online vendors, Providing online marketplaces for sellers of goods and or services, Provision of an online marketplace for buyers and sellers of goods and services, Providing a searchable online advertising guide featuring the goods and services of other on-line vendors on the internet.
SERVICE AND POLICY OF (“Gaange / SITE”) COMPANY
I. (“Gaange / SITE”) is an online Classifieds site and Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors and act as a place to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. In this platform you are able to conduct payment and other transactions through the Platform.
II. You understand that (“Gaange / SITE”) does not control, and is not responsible for ads, directory information, business listings/information, Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors, messages between users, including without limitation e-mails sent from outside (“Gaange / SITE”) ’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, information and directory information or any other things available through the Platform and the Service and that by using the Platform and the Service. You further acknowledge and agree that you are accountable for and must assess, and bear all risks connected with, the use of any Content, and that under no circumstances (“Gaange / SITE”) will be liable for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that (“Gaange / SITE”) cannot and does not pre-screen or approve any Content, but that (“Gaange / SITE”) has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to (“Gaange / SITE”) . Be it noted that (“Gaange / SITE”) makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and disclaims all liability thereto.
III. You hereby also acknowledge and agree that you shall be solely accountable for your own Content of Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors that are posted, transmitted, or linked from the Service and the consequences of posting, transmitting, linking, or publishing such materials /or matters. It is pertinent to mention that you are/shall be solely responsible for all matters that are uploaded, email, or otherwise make available via the Service. In connection with such Content posted, transmitted, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant as stated hereunder:
(i) You shall own or continue to have rights/titles/authority, for such time the Content is available on the Platform, and should have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize (“Gaange / SITE”) to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms;
(ii) You should issue written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to (“Gaange / SITE”) an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and (“Gaange / SITE”) 's business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein in any media formats and through any media channels now or hereafter known. These rights are required by (“Gaange / SITE”) in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to (“Gaange / SITE”) all such rights necessary to forbid or permit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, (“Gaange / SITE”) may offer the facility of automatically capturing the "Description" of your ads, Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors based on the images uploaded by you. (“Gaange / SITE”) makes no warranty on the veracity or the accuracy of the generated Description. You shall have the right to change /edit the description of your content at any time while your ad is live. The foregoing license to each user granted by you terminates once you or (“Gaange / SITE”) remove or delete such Content from the Platform.
IV. We at (“Gaange / SITE”) do not endorse any of the Contents or any opinion, statement, recommendation, or advice expressed therein, and (“Gaange / SITE”) expressly disclaims any and all liability in connection with User Content. (“Gaange / SITE”) does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and (“Gaange / SITE”) may, at its sole discretion, remove any infringing Content in accordance with applicable law that such Content infringes on another's intellectual property rights. (“Gaange / SITE”) reserve the right to remove any and/or all Content without prior notice. (“Gaange / SITE”) may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. Further, at its sole discretion, (“Gaange / SITE”) reserves the right to decide whether any Content is appropriate and complies with these Terms.
CONDUCT OF PARTIES USING THE SITE (“Gaange / SITE”)
You hereby further agree not to post materials / contents
I. That violates any law or regulation or rules or acts of the Indian Law in enforcement ;
II. That which has copyright or patent, protected by trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant (“Gaange / SITE”) all of the license rights granted herein;
III. That which infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
IV. That is unlawful, threatening, harassing, blasphemous, harmful, abusive, defamatory, pedophilic, obscene, pornographic, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
V. That harasses and /or degrades, or is hateful towards any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
VI. That infringe any local or employment laws, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
VII. That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or is insulting any other nation;
VIII. That impersonates any person or entity, including, but not limited to, an (“Gaange / SITE”) employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
IX. That which betray or misleads the addressee about the source of such messages or communicates any information which is grossly offensive or menacing in nature;
X. That which is false, fake, deceptive, misleading, ambiguous, fraudulent, deceitful, misinformation;
XI. That includes links to commercial services or Third-Party Websites, except as specifically allowed by (“Gaange / SITE”);
XII. That which advertises any illegal services or the sale of any items the sale of which is forbidden or restricted by applicable laws prevailing in India, including without limitation items and the sale of which is prohibited or regulated by applicable law of the land;
XIII. That belongs to any another person and to which you do not have any right/title/ authority;
ADDITIONAL CLAUSES FOR THE CONTRACT/ AGREEMENT WITH (“Gaange / SITE”):
I. We shall / may contact anyone, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user;
II. Collect personal data about other users or entities for commercial or unlawful purposes;
III. We shall/may Post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
IV. Attempt to gain unauthorized access to computer systems owned or controlled by (“Gaange / SITE”) or engages in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
V. Use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of (“Gaange / SITE”) 's "flagging system" or other community to manage systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
VI. Use any automated device or software that enables the submission of automatic postings on (“Gaange / SITE”) without human intervention or authorship (an "automated posting device"), including without limitation, and the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or period; or
NATURE OF SERVICE PROVIDED BY Gaange
We may/shall charge a fee to post content in or utilize some areas of the Service (“Paid Services”). (“Gaange / SITE”) or “we” or “us”) sell such Paid Services to its users. By posting Paid Services on the Website you enter into an agreement with (“Gaange / SITE”), the terms of which are set out herein. Further, you continue to be bound by the Terms in connection with your use of the Website and the Services. We are currently offering the following kinds of features for Paid Services. Only some of these features may be made available to you by us, depending on your usage, category, geographical location, and medium of purchase. The terms of Paid Services and the relationship between you and (“Gaange / SITE”) shall be governed by the laws of India. Any claim you may have against (“Gaange / SITE”) must be submitted to the exclusive jurisdiction of the courts of West Bengal. We reserve the right to modify the charges/considerations/fees at which these features are made available to you:
PAID SERVICES / PAYMENT PROCEDURE
You shall/may have to select any feature of Paid Services; you may be redirected to a third-party payment processing site for payment through various channels such as net banking, debit card and credit card. (“Gaange / SITE”) may offer you a right to pay through cash or other channels such as cash collection. You agree that Paid Services will be made available to you only upon receipt of payment confirmation. After making payment to us, through any medium whatsoever, you shall be entitled to use the medium/p;atform or otherwise make the payment to us under applicable law.
You have the liability to provide us with your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN particulars are compulsory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities. The prices indicated are inclusive of applicable taxes, charges as per statutory guidelines of Indian laws.
In any case of you prefer/decide to delete or deactivate or discontinue any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. If in any event you are unable to avail of the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the units you were not able to post shall be credited to your account.
The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website.
ACCESS TO OUR SERVICES
We at (“Gaange / SITE”) grant you a limited, revocable, non-exclusive permit to access and use the Service for personal use. This license granted herein does not include any of the following:
(a) access to or use of the Service by Posting Agents; or (b) any collection, copying, duplication, aggregation, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by (“Gaange/SITE”) or as otherwise set forth in these Terms. For a "general purpose internet search engine" does not include a website or search engine or other services that specializes in classified listings including any subset of classifieds listings Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only). If the total number of such postings displayed on or linked to your website exceeds limits set by (“Gaange / SITE”), your use will be considered to be in violation of these Terms, unless (“Gaange / SITE”) expressly grants you permission otherwise. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes / commercial purposes that not stated herein, must first obtain a license from (“Gaange / SITE”).
INFRINGEMENT OF INTELLECTUAL PROPERTY AND CLAIMS
(“Gaange / SITE”) is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users, or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content/matter or other content infringes the intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to (“Gaange / SITE”) together with a request to (“Gaange / SITE”) to delete the relevant Content in good faith in the claims of infringement form available.
In case you are an owner of an Intellectual Property and want to specifically report about any counterfeit goods on our Platform please inform on immediate basis to our (“Gaange / SITE”).
RECOGNITION OF ABSOLUTE OWNERSHIP
That it is hereby recognized and admitted that Gaange is the absolute, unrestricted and exclusive owner of the confidential or proprietary technical, financial, marketing, manufacturing, distribution, or other technical or business information or trade secrets of JIBOKA, including without limitation, concepts, techniques, processes, methods, systems, designs, clients, cost data, computer programs, formulae, development or experimental work, work in progress, customers , dealers, supplier, contractor, brokler as well as software for business and professional use applications, programs, operating systems, internet websites or e-commerce solutions, books, hardware and information for the microcomputer and internet marketplace used by us in the course of your terms and agreement with Gaange.
IPR (INTELLECTUAL PROPERTY RIGHTS)
You hereby acknowledge and agree that the materials/matters on the Platform, other than the User Content that the Terms, including without limitation, the text, messages, statements, software, scripts, graphics, photos, sounds, music, videos, interactive features and Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to (“Gaange / SITE”) , and are subject to copyright and other intellectual property rights under INDIAN laws. Use of these trademarks may be subject to the license granted by third parties to (“Gaange / SITE”). You shall, in no event, change, modify, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise for any other purposes whatsoever without the prior written consent of owners. (“Gaange / SITE”) reserves all rights not expressly granted herein to the Platform and the Materials. You hereby further agree not to engage in the utilize, replication, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any profitable purposes. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation of the Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors is expressly forbidden. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location is expressly prohibited. It is further agreed by you that you shall not reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all terms and notices as displayed on the Service. Without limiting the abovementioned, you also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service of Classified directories, Classified advertising services, Rental of advertisement space, Advertising the goods and services of online vendors (“Gaange / SITE”) which is a service mark registered with the Trademark Office, India and trademark authorities.
USERS LIABILITY AND COMPLIANCE
That when using the Platform, you will be exposed to various Contents from a variety of sources and that (“Gaange / SITE”) is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such displayed Contents, and you agree to take all the liability for your use. You further understand and acknowledge that you may be exposed to Content that is incorrect, inaccurate, unpleasant, offensive, indecent, or objectionable, defamatory, or libelous and you concur to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against (“Gaange / SITE”) with respect thereto.
You further agree to protect, defend, assure, indemnify and hold harmless (“Gaange / SITE”) , its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from (i) your use of and access to the said Platform and/or the Service; (ii) your infringement of any term of these Terms; (iii) your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. In such case the defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.
SPAM / SCAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to (“Gaange / SITE”) email addresses or through (“Gaange / SITE”) computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time (“Gaange / SITE”) may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the (“Gaange / SITE”) email system. Some of the features of communication between yourself and any other user utilizing the communication features accessible on the Service and the Platform may be used only in accordance with the Terms of the agreement/policy. Any unauthorized use of (“Gaange / SITE”) computer systems is a violation of these Terms and certain applicable laws of India. Such violations may subject the user and his or her agents shall have to face both civil and criminal charges as per law of the land.
RESPONSIBILITY OF ORGANIZATIONS AND/OR INDIVIDUALS ON THE PLATFORM
You acknowledge and agree that (“Gaange / SITE”) shall not be responsible for your interactions with any other organizations and/or individuals on the Platform or through the Service. This is not limited to payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. Such transactions are exclusively between you and such organizations and/or individuals. You agree and acknowledge that (“Gaange / SITE”) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If any dispute arises between participants on the Platform, or between users and any third party, you understand and agree that (“Gaange / SITE”) is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release (“Gaange / SITE”) its officers, employees, agents, and successors from any and all claims, demands, and damages physical or intangible, every kind or nature, known or unknown, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
VIOLATION OF TERMS AND THEIR LIMITATION AND TERMINATION
You acknowledge and agree that (“Gaange / SITE”) may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. In the event you have more than one account linked through your contact number, or email address, (“Gaange / SITE”) reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that (“Gaange / SITE”) has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that (“Gaange / SITE”) reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that (“Gaange / SITE”) shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that (“Gaange / SITE”), in its sole and absolute discretion, has the right to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service, immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if (“Gaange / SITE”) believes that you have violated these Terms. Further, you agree that (“Gaange / SITE”) shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
CONDITION OF WARRANTIES
It is hereby agreed and accepted by you that you Expressly Acknowledge and Agree that use of the platform and the service is entirely at your own risk and that the platform and the service are provided on an "as is where is" or "as available" basis, without any warranty of any kind, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law (“Gaange / site”) , its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the platform and your use thereof. (“Gaange / site”) makes no warranties or representations about the accuracy or completeness of the platform's content or the content of any third-party websites linked to the platform and assumes no legal responsibility or accountability for any (i) error, fault, mistakes, or inaccuracies of content, (ii) personal injury or damage, of any nature whatsoever, resulting from your access to and use of the platform and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any disruption or cessation of transmission to or from the platform, (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the platform or the service. (“Gaange / site”) does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked website or featured in any banner or other advertising, and (“Gaange / site”) will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services.
LIMITATIONS AND LIABILITIES OF Gaange
In no event shall (“Gaange / site”), its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential, or exemplary damages even if such damages, resulting from the use of the platform or the service, including without limitation whether the damages arise from use or misuse of the platform or the service, from inability to use the platform or the service, or the interruption, suspension, modification, alteration, or termination of the platform or the service. The limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through the platform or the service or any links on the platform, as well as by reason of any information, opinions or advice received through the platform or the service or any links on the (“Gaange / site”). These limitations shall be applicable to the fullest extent permitted by the law of the land as permissible throughout India. You specifically acknowledge and agree that (“Gaange / site”) shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and such risk or harm or damage that may incur from the foregoing shall entirely borne by you.
ACCEPTANCE OF TERMS OF SERVICE BY MAJOR/ADULT
It is to be noted that this Platform is intended only for adults i.e. above the age of 18 years and that you are only eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
INFORMATION AND GENERAL LAW OF LAND
These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and (“Gaange / SITE”) and administer your use of the Service and the Platform superseding all prior understandings, proposals, declarations, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and (“Gaange / SITE”) shall be governed by the laws of the INDIA. Any claim you may have against (“Gaange / SITE”) must be submitted to the exclusive jurisdiction of the courts of WEST BENGAL, INDIA. However, in the event that you are a customer/consumer, it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of (“Gaange / SITE”) to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any prerequisite or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. You hereby agree that any cause of action brought by you and arising out of or related to your use of the service and/or the platform must commence within a reasonable time and in any event within three (3) year after the cause of action accrues, except that (“Gaange / site”) may commence any such cause of action in accordance with the applicable statute of limitations under Indian laws. Otherwise, such cause of action is permanently barred by the law of the land.
VIOLATION OF TERMS / DAMAGES AND COMPENSATION
You are hereby also requested to report any violations of the Terms that you become aware of by contacting us using the link of the (“Gaange / SITE”). Any failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay (“Gaange / SITE”) the following as liquidated damages.
I. If (“Gaange / SITE”) establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay (“Gaange / SITE”) for such message posted in excess of such limits or (ii) for each day on which you access (“Gaange / SITE”) in excess of such limits, whichever is higher.
II. You agree to pay (“Gaange / SITE”) ’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, (“Gaange / SITE”) retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, without any further information and /or notices.