Terms Of Use
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.
These Terms of Use (“Terms of Use”) have been drafted 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 evclub.exter.in
About Us
The domain name evclub.exter.in(hereafter referred to as “Website” owned and managed by Pravit Tech Labs, a Private Limited company, incorporated and existing under the Laws of India and having its registered office at NO. 638, AISWARYA HOUSE, NEW EXTENSION, BEHIND SATHYA SAI BABA ASHRAM, KADUGODI, BENGALURU, Bangalore, Karnataka, India, 560067, India(hereafter referred to as “Company”)
1. Terms of Use
1.1 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 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 Company and these terms and conditions including the policies constitute your binding obligations, with the Website.
1.2 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 user of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. This Website allows the User to surf the Website. The term "We", "Us", "Our" shall mean Company.
2. Eligibility to use
2.1 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Company website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to refuse You access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years. By visiting Company Website or accepting these Terms of Use, You represent and warrant to Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.
2.2 Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
2.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
3. User Account, Password, and Security
3.1 The Company makes the Services available to You through the Website only if You have provided the Company certain required User information and created an account (“Account”) through the Company ID and password (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
3.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. The said username and password should be kept highly confidential and should not be disclosed to any third party. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Pravit Tech Labs Pvt. Ltd. of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Pravit Tech Labs Pvt. Ltd. cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3. You may be held liable for losses incurred by Pravit Tech Labs Pvt. Ltd. or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
3.3 The Website also allows restricted access to the Services for unregistered Users.
3.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
3.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof) and further reserves it right to proceed against you as per law in case of any illegal or malicious act in whatsoever manner.
4. Pricing Information
4.1 Pravit Tech Labs Pvt. Ltd. strives to provide You with the best prices possible on products and services You buy or avail of from the Website.
4.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Pravit Tech Labs Pvt. Ltd. expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
Pravit Tech Labs Pvt. Ltd. shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Pravit Tech Labs Pvt. Ltd. with our acquiring bank from time to time.
5. Privacy and Information Protection
Please review our Privacy Policy, which also governs your visit to this Site, to understand our internal policies and practices. The personal information / data provided to us by you during the course of usage of exter.in and evclub.exter.in will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
6. Charges for using the Website
Company does not charge any fee for browsing the Website. Company reserves the right to change its Fee Policy from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
7.User Obligations
7.1 Subject to compliance with the Terms of Use, Pravit Tech Labs Pvt. Ltd. grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.
7.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
7.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 8.
7.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Pravit Tech Labs Pvt. Ltd. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
7.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Pravit Tech Labs Pvt. Ltd. disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
7.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensice and in accordance with applicable laws. Further, You undertake not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Pravit Tech Labs Pvt. Ltd. server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Pravit Tech Labs Pvt. Ltd.,including any Pravit Tech Labs Pvt. Ltd. Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pravit Tech Labs Pvt. Ltd. or other third parties;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
7.7 You agree that You are solely responsible to Pravit Tech Labs Pvt. Ltd. and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Pravit Tech Labs Pvt. Ltd. or its affiliates or its vendors may suffer) for any such breach and You would be liable to proceeded against in accordance with the appropriate law at your own risk and consequences.
7.8 You agree that Pravit Tech Labs Pvt. Ltd. may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
8. Use of Materials
8.1 Except as expressly indicated to the contrary in any applicable Additional Terms, Pravit Tech Labs Pvt. Ltd. hereby grants You a non-exclusive, freely revocable (upon notice from Pravit Tech Labs Pvt. Ltd. ), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
You may not modify or alter product catalogues or any other materials available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others;
and You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
8.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website cannot be copied or retransmitted unless expressly permitted by Pravit Tech Labs Pvt. Ltd.
8.3 Any software that is available on the Website is the property of Pravit Tech Labs Pvt. Ltd. or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Pravit Tech Labs Pvt. Ltd.
8.4 Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit. In case of any breach of the aforesaid conditions You would be liable to proceeded against in accordance with the appropriate law at your own risk and consequences and You accept the liability thereof.
9. Usage Conduct
9.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
9.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
9.3 You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
9.4 Pravit Tech Labs Pvt. Ltd. shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Pravit Tech Labs Pvt. Ltd. with our acquiring bank from time to time.
10. Intellectual Property Rights
10.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned by Pravit Tech Labs Pvt. Ltd. or having approval respective vendor or the third party that may own. The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
10.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Pravit Tech Labs Pvt. Ltd. or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Pravit Tech Labs Pvt. Ltd. , the vendor or the third party that may own the Marks.
10.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Pravit Tech Labs Pvt. Ltd. owns all intellectual property rights to and into the trademark ”exter“, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
10.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Pravit Tech Labs Pvt. Ltd. or thirty party owner of such Content.
10.5 In case of any breach of the aforesaid conditions You would be liable to proceeded against in accordance with the appropriate law at your own risk and consequences and You accept the liability thereof.
11. Profanity Policy
Our Website prohibits the use of language that is racist, hateful, sexual or obscene in nature in any form whatsoever. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
12.Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
12.1 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY PRAVIT TECH LABS PVT. LTD. ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PRAVIT TECH LABS PVT. LTD. MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRAVIT TECH LABS PVT. LTD. OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRAVIT TECH LABS PVT. LTD. WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PRAVIT TECH LABS PVT. LTD. ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
12.3 PRAVIT TECH LABS PVT. LTD. WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. PRAVIT TECH LABS PVT. LTD. HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT PRAVIT TECH LABS PVT. LTD. NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. PRAVIT TECH LABS PVT. LTD. SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, PRAVIT TECH LABS PVT. LTD. SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND PRAVIT TECH LABS PVT. LTD.‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. PRAVIT TECH LABS PVT. LTD. IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PRAVIT TECH LABS PVT. LTD. ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
12.4 PRAVIT TECH LABS PVT. LTD. SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
13. Indemnification and Limitation of Liability
13.1 You agree to indemnify, defend and hold harmless Pravit Tech Labs Pvt. Ltd. including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Pravit Tech Labs Pvt. Ltd., that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Pravit Tech Labs Pvt. Ltd. harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
13.2 Notwithstanding anything to contrary, Pravit Tech Labs Pvt. Ltd.‘s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.
13.3 In no event shall Pravit Tech Labs Pvt. Ltd., its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Pravit Tech Labs Pvt. Ltd. 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 Your use of or access to the Website, Services or materials.
13.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
14. Violation of the Terms of Use
14.1 You agree that Pravit Tech Labs Pvt. Ltd. may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Pravit Tech Labs Pvt. Ltd. determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Pravit Tech Labs Pvt. Ltd., for which monetary damages would be inadequate, and You consent to Pravit Tech Labs Pvt. Ltd. obtaining any injunctive or equitable relief that Pravit Tech Labs Pvt. Ltd. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pravit Tech Labs Pvt. Ltd. may have at law or in equity.
14.2 You agree that Pravit Tech Labs Pvt. Ltd. may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; (4) unexpected technical issues or problems; or (5) breach of Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time.
14.3 If Pravit Tech Labs Pvt. Ltd. does take any suitable legal action against You as a result of Your violation of these Terms of Use, Pravit Tech Labs Pvt. Ltd. will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Pravit Tech Labs Pvt. Ltd.
15. Termination
15.1 The Terms of Use will continue to apply until terminated by either You or Pravit Tech Labs Pvt. Ltd. as set forth below. If You want to terminate Your agreement with Pravit Tech Labs Pvt. Ltd., You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Pravit Tech Labs Pvt. Ltd. has made this option available to You.
15.2 Pravit Tech Labs Pvt. Ltd. may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if: You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); Pravit Tech Labs Pvt. Ltd. is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); The provision of the Services to You by Pravit Tech Labs Pvt. Ltd. is, in Pravit Tech Labs Pvt. Ltd.‘s opinion, no longer commercially viable; Pravit Tech Labs Pvt. Ltd. has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
15.3 Pravit Tech Labs Pvt. Ltd. may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
15.4 You agree that all terminations shall be made in Pravit Tech Labs Pvt. Ltd. ‘s sole discretion and that Pravit Tech Labs Pvt. Ltd. shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
15.5 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Pravit Tech Labs Pvt. Ltd. chooses to terminate them.
15.6 If You or Pravit Tech Labs Pvt. Ltd. terminates Your use of the Website, Pravit Tech Labs Pvt. Ltd. may delete any content or other materials relating to Your use of the Website and Pravit Tech Labs Pvt. Ltd. will have no liability to You or any third party for doing so.
16. Governing Law
16.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Pravit Tech Labs Pvt. Ltd. shall be governed in accordance with the laws of India without reference to conflict of laws principles.
16.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Pravit Tech Labs Pvt. Ltd. shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.
17. Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Pravit Tech Labs Pvt. Ltd. customer support
18. Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Pravit Tech Labs Pvt. Ltd. in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
19. Communications
You hereby expressly agree to receive communications by way of SMS, e-mails from Pravit Tech Labs Pvt. Ltd./authorized third party relating to Services provided through the Website.
20. General Provisions
20.1 Notice: All notices of Pravit Tech Labs Pvt. Ltd. will be served by email or by general notification on the Website. Any notice provided to Pravit Tech Labs Pvt. Ltd. pursuant to the Terms of Use should be sent to Pravit Tech Labs Pvt. Ltd. customer support.
20.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Pravit Tech Labs Pvt. Ltd.‘s rights under the Terms of Use are freely transferable by Pravit Tech Labs Pvt. Ltd. to any third parties without the requirement of seeking Your consent.
20.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
20.4 Waiver: Any failure by Pravit Tech Labs Pvt. Ltd. to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Pravit Tech Labs Pvt. Ltd. of that provision or right.
21. Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Pravit Tech Labs Pvt. Ltd. shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Pravit Tech Labs Pvt. Ltd. is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Pravit Tech Labs Pvt. Ltd. may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Pravit Tech Labs Pvt. Ltd. for the feedback under any circumstances.
22. Contact Information
This site is owned and operated by Pravit Tech Labs Pvt. Ltd. If You have any question, issue, complaint regarding any of our Services, please contact namaste@exter.in
23. Photography and Videography
All the events organized by Pravit Tech Labs Pvt. Ltd., and feedback received therein may be recorded and photographed. All rights to edit and publish the aforesaid subsists with Pravit Tech Labs Pvt. Ltd.
24. Right to Refusal
“The Company reserves the right to refuse permission to You to participate in any activity organized by the company, at its discretion without assigning any reasons whatsoever. Further the Company reserves the right to re-schedule, cancel or amend the terms governing activities, at its discretion without any prior written notice/intimation.”
“Each order placed on this website constitutes an offer to purchase products. Orders are subject to Company’s acceptance and may be refused at Company’s discretion.”