TERMS OF USE
By continuing to access and use this Platform you confirm that you accept our terms and conditions of use set out below. If you do not accept the terms and conditions, you must leave this Platform.
The Covenanters agree to defend, indemnify and hold harmless the Protected Entities, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Platform; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Platform.
Dawaadda reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof without prior notice. Other Parties agree that Dawaadda will not be liable for any modification, suspension or discontinuance of the Platform or any other part thereof.
All the intellectual property used on the Platform except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Squarebox. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Other Parties accept and acknowledge that Dawaadda shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Dawaadda or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Dawaadda’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Dawaadda, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Platform or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Mumbai. All disputes will be subject to arbitration at Mumbai in English by a sole arbitrator appointed by Dawaadda under the Arbitration and Conciliation Act, 1996 amended upto date.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
If any part or any provision of these Terms of Use is or becomes illegal, invalid or unenforceable, then that part or provision will not affect the validity or enforceability of the remaining provisions of these Terms of Use.
No failure of the Dawaada to take any action with respect to the breach of these Terms of Use or a default by any Other Party(s) shall constitute a waiver of the former party’s right to enforce any provision of these Terms of Use or to take action with respect to such breach or default or any subsequent breach or default. Waiver by Dawaadda of any breach or failure to comply with any provision of these Terms of Use by Other Party(s) shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of or failure to comply with any other provisions of these Terms of Use.