Please read these terms carefully before using the Chaalak platform.
M/S. DRIVE EASE having registered business at 16 Strand Road, 5th Floor, Room No- 521 Kolkata -01is the creator, owner and publisher of the website and application under the name of style of Chaalak (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.
These terms of use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this website and mobile application and the technology-based services provided by us through the Platform, including SMS, APIs, email notifications, booking, subscription management, payment facilitation and other related services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials made available on or through the Services (collectively referred to as “Content”).
Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. When You use any of the Services provided by Us through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. Where any subscription, booking, or payment is made through the Platform, such use shall also be governed by the applicable policies related thereto.
Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.
If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between the Chaalak and you in connection with your use of the Online Platform, as defined below. If you have any questions regarding our services, you can email us at contact@chalak.live
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this Website (“Platform”).
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.
In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.
1.1 “User” shall mean any individual or entity accessing the Platform for booking driver services through the Chaalak Platform.
1.2 “Driver” shall mean an independent third-party service provider listed on the Platform and not an employee or agent of the Company.
1.3 “We”, “we”, “Us”, “us” or “Chaalak”, shall mean, its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly; and
1.4 “You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the website, or using the website or the Services offered through the website, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the website (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly.
2.1 By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
2.1.1 You have read and understood the Terms;
2.1.2 The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
2.1.3 Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
2.1.4 Written approval is not a prerequisite to the validity or enforceability of the Terms.
2.2 The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
2.2.1 The Indian Contract Act, 1872;
2.2.2 The (Indian) Information Technology Act, 2000;
2.2.3 Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009;
2.2.4 Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009;
2.2.5 The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
2.2.6 The orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental authority at central, state or local level.
3.1 The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time. Such changes shall be notified to you to your registered email address. Your continued use of the Online Platform following such notification constitutes your agreement to follow and be bound by the Terms so modified.
3.2 If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
3.3 These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.
4.1 You warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and agree to use the Services in accordance with this Agreement.
4.2 You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) create a Customer account and/or use the Site, you agree to: (i) supervise the Minor’s use of the Site and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their Customer account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
4.3 The Services are provided to you only for your personal, non-commercial use. You shall not resell the products ordered from the Platform.
4.4 You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
4.5 The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.
4.6 If you are using the Platform and/ or our services, on and behalf of a company/ corporation/ business entity, You represents and warrant that the Use of our Services/ Platform and the consummation of the transactions in our Platform have been duly authorized by all necessary action of the respective entity and that the person using our Platform on its behalf has the full capacity to bind that entity.
4.7 You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services.
4.8 For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.
5.1 To fully avail the Services of the Website, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, Age, Address / Location, Profile Picture, Payment Details. Users who register with us can purchase the listed Products and avail the Services of the Website. The Website offers the Users an option of signing up through other third-party social networking sites, including but not limited to Gmail, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system. Users who do not want to register with Us can check out as a guest and purchase the Products.
5.2 Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
5.3 By using this Website and providing your contact information to us through the Website, you hereby agree and consent to receiving calls, autodialled and/or pre-recorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text messages, you may send an e-mail to the effect tov contact@chaalak.live. You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by the you.
6.1 The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that Chaalak name is stated as the source and prior written permission of Chaalak is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
6.2 Throughout these Terms, Chaalak prior written consent means a communication issued by Chaalak legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
7.1 The use of this Website and/or Mobile Application, including browsing and account creation, is free of cost. Users are required to pay subscription fees and/or service charges only for availing driver-on-demand services offered through the Platform. All prices displayed on the Platform are in Indian Rupees (INR).
7.2 The Platform does not support international transactions. All payments shall be processed in Indian Rupees (INR) through payment methods enabled on the Platform. The Company reserves the right to revise subscription fees, service charges, or payment policies at its discretion, subject to applicable law.
7.3 Upon selecting a subscription plan or booking a driver service, the User will be required to provide necessary contact and payment-related information in order to proceed with payment through the Platform.
7.4 The Company uses third-party electronic payment processors or service providers (“ESPs”) to facilitate payment transactions. By using the payment services, you authorize the Company to instruct such ESPs to process payments on your behalf. You agree to be bound by the terms and conditions of the respective ESPs. In the event of any conflict between these Terms and the terms of the ESP, the ESP’s terms shall prevail for payment processing/
7.5 To place a valid subscription order or service booking on the Platform, the User is required to complete the payment transaction in full. Upon successful completion of payment and receipt of funds by the Company or its payment service provider, the subscription or service shall be activated, subject to verification of the information furnished by the User. You acknowledge that your bank or card statement will reflect a payment made in favour of the Company. By making a payment on the Platform, you expressly agree to these Terms and the applicable payment and subscription policies.
7.6 While availing any payment method available on the Platform, the Company shall not be responsible or assume any liability whatsoever for any loss or damage arising directly or indirectly to the User due to:
7.6.1 Lack of authorization for any transaction(s); or
7.6.2 Exceeding the preset transaction limit mutually agreed between the User and their bank; or
7.6.3 Any payment failure, delay, or technical error arising out of the transaction; or
7.6.4 Decline of transaction for any reason whatsoever
8.1 You acknowledge and agree that the Platform merely facilitates access to independent, third-party drivers and does not provide transportation services, vehicles, or driving services itself. Users shall exercise reasonable judgment and caution while engaging any driver through the Platform
8.2 You acknowledge and agree that the use of driver services arranged through the Platform is undertaken at your sole risk. The Company does not guarantee the conduct, performance, availability, punctuality, or suitability of any driver and shall not be responsible for any acts, omissions, or behavior of drivers.
8.3 You acknowledge and agree that drivers available through the Platform are not employees, agents, or representatives of the Company. The Company does not control, supervise, or direct the drivers during the provision of services.
8.4 Any disputes, claims, or issues arising between a User and a driver, including but not limited to conduct, safety, negligence, delays, damages, or losses, shall be resolved directly between the User and the driver, and the Company shall not be a party to such disputes.
8.5 While the Company may undertake reasonable verification or background checks of drivers, such checks are not guaranteed to be comprehensive or error-free. The Company expressly disclaims any warranty regarding the reliability, safety, or fitness of any driver for a particular purpose.
8.6 Information, profiles, ratings, or representations relating to drivers displayed on the Platform are provided for general reference only and may not always be accurate, complete, or up to date.
8.7 Chaalak disclaims all representations and warranties, express or implied, including but not limited to accuracy, completeness, correctness, reliability, or truthfulness of any information, driver profiles, ratings, reviews, feedback, opinions, suggestions, or recommendations displayed on the Platform.
8.8 The Platform is not responsible for any direct, indirect, or consequential damages, accidents, injuries, or losses arising from the use of driver services. The service is provided “as-is” and “as-available” without guarantees of quality or safety. Background checks, if conducted, are not foolproof. The Platform reserves the right to suspend or terminate users at its discretion.
9.1 You agree and undertake that you are accessing the Website and transacting at your sole risk and are that you are using your best and prudent judgment before purchasing any Product listed on the Website or accessing/using any information displayed thereon.
9.2 You agree that they are solely responsible to us 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 we or our affiliates may suffer for any such breach.
9.3 You agree and acknowledge that we are not the manufacturer of the Products and the Website shall in no manner be deemed to be the manufacturer of the Products on this Website. We are only facilitating purchase of the Products by providing the Services to You.
9.4 You agree that we 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.
9.5 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.
9.6 You agree to use the Website and the Products 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.
9.7 You agree to show a valid proof of ID and ID number in order to collect the goods delivered by the logistics partner.
9.8 You agree and understand that all items purchased from the Website are made pursuant to a shipment contract which means that the risk of loss and title for such items passed to you upon our delivery to the carrier.
10.1 You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the Product purchased by you. It is up to your discretion for to submit the same.
10.2 You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to Products purchased by you. You agree not to post or publish any content on the Online Platform that amounts to:
10.2.1 An infringement of any Company or third-party intellectual property or privacy rights.
10.2.2 A violation of applicable laws or regulations, including but not limited to the relevant rules under Information technology Act, 2000.
10.2.3 Defamation.
10.3 The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Products purchased, dispute resolution, complaint resolution, any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis.
10.4 The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.
10.5 The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.
10.6 We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content Which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
11.1 The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the products or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.
11.2 The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the products or services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;
11.3 Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and Chaalak or its contents, product listings, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without Chaalak express prior written consent.
Please read this section carefully as it limits the liability of Chaalak, its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Company”). Each of the subsections below applies only to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
12.1 Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties, express or implied, except as otherwise specified in writing. To the maximum extent permitted under applicable law, Chaalak DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12.2 Without prejudice to the foregoing, Chaalak makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your device, loss of data, or other harm resulting from your access to or use of the Services; (iii) deletion of, or failure to store or transmit, any Content or communications; or (iv) whether the Services will meet your requirements or be uninterrupted, secure, or error-free. No advice or information, whether oral or written, obtained from Chaalak or through the Services shall create any warranty not expressly stated herein.
12.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHAALAK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
(i) your access to or use of, or inability to access or use, the Services;
(ii) any conduct or content of drivers or other third parties, including negligent, unlawful, or offensive conduct;
(iii) any content obtained through the Services; or
(iv) unauthorized access to or alteration of your data or communications.
12.4 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHAALAK EXCEED THE TOTAL AMOUNT PAID BY THE USER TO CHAALAK FOR THE SUBSCRIPTION OR SERVICES GIVING RISE TO THE CLAIM.
12.5 THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, WARRANTY, OR OTHERWISE, AND WHETHER OR NOT CHAALAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.6 Nothing on the Platform constitutes, or is intended to constitute, legal, medical, financial, or professional advice of any kind. Chaalak acts solely as a technology intermediary facilitating access to independent third-party drivers and does not provide transportation services. Any reliance placed on driver services is strictly at the User’s own risk.
13.1 You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.
14.1 The Company shall not be liable for any breach of these Terms, or for any damages, losses, costs, or expenses arising out of any failure or delay in performance of the Services or disruption of the Platform, if such failure or delay is caused by events beyond the reasonable control of the Company, including but not limited to acts of war, terrorism, riots, floods, fires, earthquakes, inclement weather conditions, acts of God, pandemics, epidemics, lockdowns, labour disputes or stoppages, failure of electricity, internet, cellular networks or telecommunication systems, government orders or restrictions, political disturbances, or non-availability of drivers due to such events.
15.1 If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
16.1 In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.
17.1 These Terms shall be governed by and construed in accordance with the laws of India. Subject to the arbitration provisions set out below, the Parties hereby irrevocably and finally submit to the exclusive jurisdiction of the courts at Kolkata, West Bengal, India, in respect of any disputes, legal actions, or proceedings arising out of or in connection with these Terms, including their interpretation, performance, breach, or termination.
17.2 In the event of any dispute, controversy, or claim arising out of or in connection with these Terms (“Dispute”), the Parties shall first endeavour to resolve such Dispute amicably through mutual discussions. If the Dispute is not resolved within fifteen (15) days from the date of commencement of such discussions, or within such extended period as mutually agreed in writing, the Dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force.
17.3 The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the Parties. The seat and venue of arbitration shall be Kolkata, West Bengal, India, and the language of the arbitration proceedings shall be English.
17.4 The arbitral award rendered pursuant to such arbitration shall be final, binding, and conclusive on the Parties, and judgment thereon may be entered in any court of competent jurisdiction. The Parties agree to comply with and give effect to the arbitral award without delay. During the pendency of arbitration proceedings, the Parties shall continue to perform their respective obligations under these Terms, except for the obligations directly affected by the Dispute. Nothing herein shall prevent either Party from seeking interim or injunctive relief from a court of competent jurisdiction.
18.1 The Company's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
18.2 The Terms contain the entire agreement between the you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.
18.3 In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.
18.4 You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.