1. REPRESENTATIONS; WARRANTY DISCLAIMER.
Subject to the terms below, Akhil Bhartiya Gramin Uthan Samiti represents that it has the right to license the rights granted under this Agreement.
AKHIL BHARTIYA GRAMIN UTHAN SAMITI MAKES NO REPRESENTATION OR WARRANTY, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR LIABILITY WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICES OR THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LIABILITY ASSOCIATED WITH ERRORS OR OMISSIONS, LIBEL, INFRINGEMENT OR VIOLATION OF RIGHTS OF PUBLICITY, PRIVACY, INTELLECTUAL PROPERTY RIGHTS, OR MORAL RIGHTS, OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
MOREOVER, EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND AKHIL BHARTIYA GRAMIN UTHAN SAMITI DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS, COVENANTS, OR REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN), RELATING TO THE SITE OR THE SERVICES OR TO ANY PARTS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DAI ALSO MAKES NO WARRANTIES RESPECTING AND SHALL HAVE NO RESPONSIBILITY FOR ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB OR OTHER SUCH COMPUTER PROGRAM OR OTHERWISE. DAI FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY THIRD PARTY.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AKHIL BHARTIYA GRAMIN UTHAN SAMITI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF PROFITS, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SITE OR THE SERVICES (EVEN IF DAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN ADDITION, DAI SHALL NOT BE LIABLE FOR ANY DAMAGES OR LIABILITY THAT RESULT OR ARISE FROM THE RESULTS OF YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT THE FOREGOING LIMITATIONS OF LIABILITY ARE, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DAI FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE RUPEE ONLY AS A TOKEN AMOUNT.
You agree to indemnify and hold Akhil Bhartiya Gramin Uthan Samiti harmless, and, at Akhil Bhartiya Gramin Uthan Samiti request, to defend Akhil Bhartiya Gramin Uthan Samiti from and against any claim, demand, cause of action, debt, damage, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) this Site and/or the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your Password and/or account, of any right of any person or entity; or (iv) any other activities of yours accomplished using this Site and/or the Services. You agree to cooperate as fully as reasonably required in the defense of any such claim. Akhil Bhartiya Gramin Uthan Samiti reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnity shall be in addition to and not limited by any other indemnity.
3. ORDER OF PRECEDENCE.
This Agreement governs your use of the Site and access to the Services. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on this Site (including any Access Agreement), conflicts with any provision of any other agreement(s) between you and Akhil Bhartiya Gramin Uthan Samiti or any of its related or affiliated entities, the terms of this Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of such other agreement(s). In the event this Agreement conflicts with any provision of your Access Agreement, the terms of the Access Agreement shall take precedence over the conflicting term(s) of this Agreement.
4. APPLICABLE LAWS.
This Akhil Bhartiya Gramin Uthan Samiti’s website is controlled by Akhil Bhartiya Gramin Uthan Samiti from its offices within the State of Delhi and the substantive laws of the State of Delhi will govern any dispute arising under this Agreement, without regard to any conflict of law provisions.
5. DISPUTE RESOLUTION.
- Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled elusively by arbitration only in New Delhi, India.
Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Services and/or Site under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Services. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site or in conjunction with the Services. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by Akhil Bhartiya Gramin Uthan Samiti or act as estoppels against later enforcement. Subject to the terms of the section captioned ORDER OF PRECEDENCE, this Agreement constitutes the entire agreement between you and Akhil Bhartiya Gramin Uthan Samiti with respect to the specific subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and Akhil Bhartiya Gramin Uthan Samiti relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Akhil Bhartiya Gramin Uthan Samiti pursuant to a registration to access certain features of the Site such as an Access Agreement You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of Akhil Bhartiya Gramin Uthan Samiti. You may not assert any claim or cause of action arising out of or relating to your use of the Services more than one year after the date such claim or cause of action arose. Akhil Bhartiya Gramin Uthan Samiti shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of Akhil Bhartiya Gramin Uthan Samiti.
Akhil Bhartiya Gramin Uthan Samiti may terminate this Agreement for any reason at any time without any advance notice to you. Notwithstanding any such early termination, Sections 2 through 12 of this Agreement shall survive any expiration, cancellation or termination of this Agreement.
BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND THESE TERMS OF SERVICE.