Terms of use

Indianfunding.com (hereinafter referred to as “IF”) is owned, hosted and operated by Mash Audio Visuals Pvt. Ltd., (hereinafter referred to as “Mash”) a company incorporated under the corporate laws of India and having its registered office at 101-107, Vardhman Plaza, Plot No. 10, K.P.Block, Delhi-110088, India. IF is committed to safeguarding its user’s privacy.
Your use of IF site (www.indianfunding.com) means you agree to the following terms of use (the “TOU”). If you do not agree with these terms you should leave IF site immediately, not use the files herein, and/or not subscribe to this service. Company listings on IF site are only suitable for accredited investors who are familiar with and willing to accept the high risks associated with private investments. Any investor who intends to utilize the IF site must be an accredited investor.

IF provides its service to the user of the IF site, subject to the following Terms of Use (“TOU”) and to the privacy policy and other legal documents as set forth in the IF site. The user of the IF site agrees that they have read all the terms and conditions of this site. TOU may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the IF site by the user will constitute acceptance of any changes or revisions to the TOU.

Decsription of Service

IF provides an information exchange platform to allow investors who are committed to funding high-risk opportunities to independently connect with entrepreneurs of early stage companies. No action or service provided by IF constitutes or implies the endorsement, recommendation, or appropriateness of a particular investment opportunity for any investor or entrepreneur. The ratings associated with business plans on IF site are intended to be completeness ratings only and in no way constitute or imply the endorsement, recommendation, or appropriateness of a particular investment opportunity.

IF provides resources and tools to entrepreneurs, accredited investors and institutions seeking to invest in early stage companies. IF has built a group management and deal collaboration platform (“the IF Platform”) designed to meet the needs of the entrepreneurs and the investors. IF does not take part in the actual transaction that takes place between the investors and entrepreneurs and hence are not a party to any contract for sale negotiated between the investor and the entrepreneur. All transactions will be the responsibility of the users only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between IF and other party. The IF site only provides a platform for interaction between the investor and the entrepreneur and does not constitute an offer to sell or a solicitation of an offer to buy any security. The information provided at the IF site shall be used at your own risk.

The services listed in the IF site are services of the listed independent firms or companies. IF may provide links to these companies for convenience purpose only. IF is not an investment consultant, tax, accounting or financial professional, nor is it a registered broker-dealer, and does not endorse or recommend the services of any firm or company. the user of the IF site shall select the firms or companies in their sole discretion and IF shall not be liable for any damages or costs of any type arising out of, or in any way connected with, the use of the IF site or by using the services of the listed firms or companies.

Account, Password and Security

2.1	When a user completes his registration on the IF site a user account is created for the user. Shortly after the creation of the user account IF shall provide the user with a username and a password. Users are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using user’s account. No member of IF staff will ever ask you for your password, so please do not provide it if asked since this may result in a security breach.

2.2	The user of the IF site agrees to: (i) disclose correct, accurate and complete information about the user of the IF site as listed in the registration form and (ii) maintain and update the registration data to keep it accurate and complete. If the user of the IF site provides any information that is inaccurate, untrue, incomplete or not current, or IF has reasonable grounds to suspect that such information is not correct, IF has the right to suspend or terminate the account of the user of the IF site and refuse any and all current or future use of the Service.

2.3	Please notify IF immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please contact our technical support staff at info@indianfunding.com.

2.4	IF has the right to refuse to establish an account or to close any existing account, for fraud, copyright infringement, violation of a third party's rights of privacy or publicity, artificially inflating downloads, repeated submission of material that is obscene in nature, violent or that might be construed as defamatory or for any breach of the terms of this or any other agreement that you have with IF. If your account is terminated for any reason you must obtain written authorization from IF prior to establishing another account. If you attempt to establish another account without obtaining such authorization, IF may permanently ban you from this website and its affiliated websites and services. You may not have more than one active submitter account at any time without the written consent of IF in each instance. If such consent is granted, you may not submit identical content to more than one account.

User Conduct

Unless otherwise specified, the IF site is intended for your personal use only. You may not authorize others to use the IF site, and you are solely responsible for all use of the site by you and by those you allow to use, or provide access to, the IF site.

This site is not intended for users under the age of 18.

The user of the IF site agrees to not use the service to:

(i)	Use any obscene, indecent, or offensive language or to place of the site any material that is defamatory, abusive, harassing, racist, or hateful. Further you may not place on the site any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone’s privacy, or encourages conduct that would constitute criminal offense, give rise to civil liability, or that otherwise violates any local, national or international law or regulation. You agree to use the site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

(ii)	You are responsible for ensuring that any material you provide to the site does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.

(iii)	You agree not to disrupt, overwhelm, attack, modify or interfere with the website or its associated software and/or servers in any way, and you agree not to impede or interfere with others’ use of the site. You further agree not to alter or tamper with any information or materials on or associated with the site.

(iv)	IF reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the site in its sole discretion, without notice.

(v)	The user shall restrain from impersonating any person or entity, including, but not limited, an IF official, forum leader, guide or host, or falsely state or otherwise misrepresent the affiliation of the user of the IF site with a person or entity.

(vi)	Collect and store the personal data and information about other users.

(vii)	The user of the IF site agrees and grants right to IF to disclose content and information if required to do so by law or in good faith that such disclosure is necessary to: (a) comply with legal proceedings; (b) enforce the terms and conditions of TOU, privacy policy and other legal agreements entered into by the user with IF; (c) respond to claims by third parties; or (d) protect the rights, property, or personal safety of IF, its users and the public.

(viii)	Upload, post, email, transmit or otherwise make available any content that the user of the IF site do not have a right to make available under any law or under contractual or fiduciary relationships.

(ix)	Further, you may not place on the site any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, national or international law or regulation. You agree to use the site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

(x)	Not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service, including any intellectual property rights of IF or any person, firm or corporation having posted information for availability through the service.

Personal information and data of the user is governed by our privacy policy. Please click here to know about our Privacy Policy.

Internation Laws and Export Restrictions

This site is maintained and operated by Mash from its offices within the province of India. IF makes no representation that the information or other materials accessed through this site are appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the information or the site from other locations are responsible for compliance with applicable local laws. You may not export or re-export any information or products received hereunder except in full compliance with all Indian laws and regulations. In addition, you are responsible for complying with any local laws in your country, which may impact your right or import, export or use the information or products.

Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, photographs, graphics, or engaging in any other form of communication with or through the site, you grant IF a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the site will be available to all users of the site, so you should be careful of personal information and other content you may wish to post.

Use and Storage of Data

7.1	Data and information is provided for informational purposes only, and is not intended for any other purposes. Neither IF nor any of its data or content providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. By accessing the IF site, a user agrees not to redistribute the information found therein. The services which users may access through the links in the IF site are services of the listed independent firms or companies. IF makes no independent investigation to verify the integrity of the information submitted to potential investors and makes no representations or warranties with respect to the truthfulness of the information provided by applicant entrepreneurs potential investors must conduct their own investigation of the merits and risks of each investment opportunity, and independently negotiate the terms of their investment. All investors are strongly encouraged to seek legal and other professional counsel prior to making such investments.

7.2	The user of the IF site acknowledges that IF may establish general practices and limits regarding use of the service provided by the site, including without limitation the maximum number of days that email messages, message board postings or other uploaded content and data shall be retained by IF. IF may set a limit to maximum number of email messages that may be sent or received by a user, the maximum disk space that will be allotted on IF’s servers for the user.

7.3	The user acknowledges and agrees that IF has no liability or responsibility for the deletion or failure to store any information, messages, communications or other content maintained or transmitted by IF.

7.4	The user acknowledges and agrees that IF reserves the right to modify and change these general practices and limits at any time, in its sole discretion, with or without notice.

Intellectual Property Rights

8.1	IF prohibits any content or any other material that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Site.

8.2	The user guarantees and warranties that the user owns all proprietary rights, including copyright, in and to the Content. The user agrees that they have all the necessary permission and authorization to use and upload the content to the site.

8.3	Nothing contained herein grants or shall be construed to grant the user any rights to use any of IF’s, its affiliates and associated companies trademarks, logos, service marks, trade names, internet domain names, or other indications of origin used by IF now or in future. In connection with the use of www.indianfunding.com, www.imagesbazaar.com and www.shotindia.com, Mash Audio Visuals Pvt. Ltd., IF.com or any other IF trade names, trademarks, logos or service marks ('' IF Marks''), the user acknowledges and agrees that (a) IF marks are and shall remain the sole property of IF, (b) nothing in this Agreement shall confer upon the user any right of ownership in IF Marks, (c) the user may not use, register, or assist others in using or registering any trademarks, trade names, internet domain names, or any mark or name confusingly similar to IF Marks or belonging to IF without IF prior written consent, (d) the user shall not now or in the future contest the validity of IF Marks nor will oppose or assist others in opposing any registration of any of the IF Trademarks and (e) the user is not allowed to use any Marks of IF in connection with any of his Works. All goodwill accruing to the IF Trademarks under this Agreement shall belong to IF.

8.4	The user agrees not to use IF marks in any manner that might tarnish, disparage, or reflect adversely on such trademarks of IF. Nor will the user contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of IF trademarks or the trademarks rights claimed by IF.

8.5	The user agrees not to use any IF Marks or any variant thereof including misspellings as a domain name or as part of a domain name regardless of the top-level domain, or as a metatags, keyword, or any other type of programming code or data.

8.6	The user cannot at any time, adopt or use, without IF’s prior written consent any word or marks which is similar to or likely to be confused with IF’s Marks.

8.7	The look and feel of the IF website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark and copyright of IF and may not be copied, imitated or used, in whole or in part, without the prior written consent of IF.

8.8	The user cannot use an IF Mark, logo, image or other proprietary graphic of IF to link to the IF website without the prior written consent of IF.

8.9	The user cannot frame or hotlink to the IF site any content other than his own without the prior written consent of IF.

8.10	While IF takes commercially reasonable steps to insure that the rights of its users and those rights of users are not violated by end users, subscribers and third parties, IF has no obligation to pursue legal action against any alleged infringer of any of user’s rights in and to any Content.

8.11	The user of the IF site acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user of the IF site further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the user of the IF site through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IF or advertisers, the user of the IF site agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Managing Content

9.1	IF does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, IF reserves the right to delete, move, refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to IF or as it may direct. IF shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by IF to determine Accepted Content is done as a courtesy only.

9.2	User acknowledges and agrees that the submitted Content shall be used by end user in accordance with the terms and conditions of the terms and conditions of the Agreement. In the eventuality that the end user does not adhere to the terms and conditions of the Agreement and is in breach of the same and uses any Content as not contemplated in this Agreement, IF shall have no liability to User or any person claiming through the User for any breach of the terms of the Agreement.

10.

Hyperlinks

IF site contains hyperlinks to other sites unrelated to IF. IF is not responsible for the privacy policy, security, content or terms and conditions of any such linked sites. Links to other sites do not imply that IF endorses, approves, or sponsors any information available at the linked site or any products or services that may be sold there, nor is IF liable for any damage that might result from the user’s use of such information, products or services.

11.

Confidential Information

The user acknowledges that during this Agreement certain Confidential Information shall be obtained by him/her through entering into the Site and use of the Site. The Confidential or proprietary information shall include but not limited to technology, products, trade secrets, processes, programs, technical know-how, customers, distributors, costs, pricing, data, business operations and other business information. All Confidential Information owned solely by IF or any subsidiary and disclosed to any other party shall remain solely the property of IF, and its confidentiality shall be maintained and protected by the User with the same degree of care used to protect its own proprietary information of a similar nature. The User agrees that it would refrain from reproducing or sharing any Confidential Information rendered by IF with any third party.

12.

Representations and Warrnties

The user hereby represents that:

12.1	The user has the legal capacity and authority to enter into this Agreement and to fully perform all the obligations under the Agreement.

12.2	The User is the sole and exclusive owner of the Content and has all the rights to grant the license rights to be provided under this Agreement and further warrant that the User has not granted any rights or licenses to any Content or any other intellectual property or technology that would conflict with this Agreement.

12.3	The submitted Content is neither obscene nor defamatory and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.

12.4	That there is no suit action or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Submitted Content or which might in any way impair the rights granted by the User hereunder.

12.5	You will not transmit unsolicited emails or engage in so-called spamming to publicize or promote your relationship with IF or the sale of your Submitted Content. The User will not advertise or otherwise publicize his/her relationship with IF through the use of any search engine.

12.6	That all the Submitted Content shall be free from any defect, virus, work, lock or other mechanism preventing IF from its usage as contemplated under this Agreement.

12.7	User warrants that there are and will be no claims by any other party in connection with the use or reproduction of any of the Content.

12.8	The user agrees that neither IF nor any of its directors, officers, employees, partners, affiliates, associated companies or agents shall be liable for any damages, whether, direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any Content.

13.

Indemnity

13.1	The User agree to indemnify, defend and hold IF, its affiliates, associated companies, and their respective directors, officers, employees, shareholders, agents and third parties harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees and disbursements) in connection with (i) arising out of any breach or claimed breach of any of User’s representations and warranties or any of User’s obligations pursuant to these terms and conditions; (ii) any use or alleged use of the Site or provision of Content under your Member name by any person, whether or not authorized by you; (iii) resulting from any communication made or Content uploaded under your member name; (iv) any claim threatened or asserted against any IF party to the extent that such claim is based upon a contention that any of the content used within the scope of this Agreement and the License Agreement infringes any copyrights, trade secrets, trademarks, right of privacy or publicity, or other intellectual property rights of any third party.

13.2	The user will indemnify and hold IF harmless from any claim brought by third parties relating to the use of the IF site. The user must defend and pay all damages and costs (including legal fees) arising from such claims.

14.

Disclaimer of Warranties

14.1	The site, including any content contained therein, are provided by IF “as it is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. IF does not represent or warrant that the site or the content will be made available for sale or license or that their use will be uninterrupted or error free.

14.2	IF does not represent or warrant that the site or any content available for downloading through the site will be free of viruses or similar contamination or destructive features.

14.3	In no event shall IF be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from: (1) reliance on the materials presented, (2) loss of use, data or profits, (3) delays or business interruptions, (4) and any theory of liability, arising out of or in connection with the use or performance of information) whether or not access IF has been advised of the possibility of such damages.

14.4	This website could include technical or other inaccuracies. Changes are periodically made to the information herein. However, IF makes no commitment to update materials on this site.

14.5	No advice or information, whether oral or written, obtained by the user of the IF site from IF or through or from the service shall create any warranty not expressly stated in the TOU.

14.6	The user of the IF site assumes full responsibility for any agreement or relationship the user enters into with any other party. The user acknowledges and agrees that IF in no manner whatsoever, endorses the said party or whatever proposals may be presented by such parties and that IF shall not be held liable for any claims of any nature whatsoever arising from any proposal, agreement, association or relationship concluded, agreed or established between the user and any of the party.

14.7	The user acknowledges and agrees that IF is not engaged in rendering nor is it representing itself as legal, tax, financial, accounting or other professional advice or opinion of any nature whatsoever. The user agrees that it is its own responsibility to obtain independent legal, financial, accounting, tax or other professional advice with respect to investment, agreement related to the deals.

15.

Term and Termination

15.1	This Agreement is effective until terminated. The User may terminate this Agreement at any time by giving thirty (30) days written notice to IF using info@indianfunding.com or such other means of written notice acceptable to IF which enables confirmation of your identity and your intention to terminate.

15.2	IF may terminate this Agreement for any reason by giving you thirty (30) days notice by e-mail at the last address contained in your membership information. If IF terminates your membership pursuant to the terms of the Membership Agreement, such termination shall be deemed to be notice of termination of this Agreement, as well.

15.3	IF may terminate this Agreement upon written notice effective immediately upon receipt if the User (i) liquidates all or substantially all of its assets, dissolves as a corporation other than through inadvertence, or otherwise ceases to do business in a material way, or (ii) makes an assignment for the benefit of creditors, or (iii) files a petition in bankruptcy, petitions or applies for a receiver or trustee for all or any substantial part of its property and such receiver or trustee is appointed, or commences, or has commenced against it, a proceeding under any bankruptcy, reorganization, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, any of which shall remain in force for a period of thirty (30) days or more, or (iv) is adjudicated insolvent or bankrupt, or (v) is in breach of this Agreement.

15.4	In addition, IF may deem an account to be terminated and may off-set any fees or credits contained in such account against its costs of administration if there has been: (i) in the reasonable opinion of IF, any material misrepresentation made as to the capacity, identity or ownership of Content or the User provided hereunder; (ii) no log-in or other activity in the account for 12 months despite reasonable commercial efforts to contact User based on the information provided through the Site as part of the account profile of such User; (iii) if the User utilize the site to send spam messages or repeatedly publish the same content; (iv) if the User post any material that is not related to international trade or business cooperation; (v) if the User impersonate or unlawfully use another companies name to post information or conduct business of any form; (vi) for any unauthorized access, use, modification, or control of the site data base, network, or related services by the User; (vii) if the User obtain or gather information of other user’s user name and password; or (viii) the user is in breach of any of the terms and conditions of the TOU, Privacy Policy and other legal documents as placed on the site.

15.5	Upon the termination of this Agreement, the grant of authority given to IF shall cease subject to the following conditions: (i) IF shall remove Accepted Content from the Site within sixty (60) days of the termination of this Agreement; (ii) notwithstanding termination, IF shall have the right to continue licensing Accepted Content until it is removed from the Site.

15.6	Notwithstanding any other provision in this Agreement, the termination or expiration of this Agreement shall not alter or affect the rights granted to third parties by IF pursuant to this Agreement.

15.7	Termination of this Agreement shall operate without prejudice to the IF’s rights, defenses and limitations of liability provided under this Agreement, the Membership Agreement or the Terms of Use, which rights, defenses and limitations of liability shall survive termination of this Agreement. In addition, the provisions of this Agreement relating to: proprietary information, Managing Content, Confidential Information, Representations and Warranties, Indemnity, Disclaimer of Warranties and all limitations of liability, shall survive termination of this Agreement and continue in full force and effect.

15.8	The User shall not be entitled for any damages out of termination of this Agreement. Without limiting any other remedies, IF may terminate this Agreement prima facie if the User is found, by conviction, settlement or other investigation, to have engaged in any fraudulent activity in connection with present venture or is in breach of any of the terms and conditions of this Agreement, privacy policy and other legal documents placed on the IF site.

16.

Limitation of Liability

16.1	The user assumes all responsibility and risk for use of the IF site including without limitation any of the content or information contained herein.

16.2	In no event IF or any of its directors, officers, employees, shareholders, partners, agents or licensees be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation the use of, reliance upon, access to, or exploitation of the site, the content or any part thereof, or any rights granted to User hereunder, even if IF has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

16.3	IF is not liable for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another’s rights, including intellectual property rights, rights of publicity, or rights of privacy.

16.4	IF does not make any other warranties, express or implied, regarding the Content, or its delivery systems, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. IF shall not be liable to User or any other person or entity for any punitive, special, indirect, consequential, incidental or other special damages, cost or losses arising out of this Agreement, even if IF has been advised of the possibility of such damages, costs or losses. No action, regardless of form or nature, arising out of this Agreement may be brought by or on behalf of User more than six (6) months after the cause of action first arose.

16.5	The correspondence of business dealings, or participation on promotions of advertisers found on or through the IF site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such business association or advertiser. The user acknowledges and agrees that IF shall not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such businesses, promoters or advertisers on IF site.

16.6	IF does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not represent the views of IF. You agree that IF is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even if material that violates this Agreement.

17.

Remedy for Breach

The User agrees that any breach of this Agreement by User or its representatives would cause IF irreparable harm, injury, loss and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be adequate remedy. Accordingly, in addition to any other remedies IF may have at law or in equity, IF shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by User or its Representatives.

18.

Governing Law and Jurisdiction

18.1	Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the “Disputes”) shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached, within [30] days from the date of commencement of the dispute, difference or disagreement or such longer period of time as may be mutually agreed by the Parties in writing, such dispute, difference or disagreement shall be referred to Arbitration and shall be finally resolved through arbitration conducted by a tribunal of three arbitrators, with the right of each party to appoint an arbitrator, who in turn will appoint a Presiding Arbitrator. The Presiding Arbitrator shall pass a speaking award. Any order/directions/awards of the majority of the tribunal shall be final and binding on both the parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules there under as at present in force. The seat of arbitration shall be Delhi, India. The arbitration shall be administered in accordance with its practice, rules and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the Party, then the Party is free to approach the appropriate court of law as agreed herein below.

18.2	This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Delhi, India shall have exclusive Jurisdiction.

18.3	If IF is obligated to go to Court or arbitration to enforce any of its rights, or collect any fees, the User agrees to reimburse IF all the legal expenses including the reasonable attorneys’ fees.

18.4	The User agrees to service of any required notice or process upon him/her by email, registered mail or courier.

19.

Miscellaneous

19.1	SEVERABILITY. If any or more of the provisions contained in the Agreement is found to be invalid, illegal or enforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

19.2	WAIVER. No action of IF, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of IF of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party to such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

19.3	This Agreement contains all the terms and conditions of the Agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.

19.4	MODIFICATION. This Agreement may not be modified in any manner, except by written amendment duly executed by the authorized representatives of each of the parties hereof.

19.5	ASSIGNMENT. User cannot assign its rights and obligations under this Agreement without IF’s written consent. This Agreement shall be binding upon the parties and upon their respective legal representatives, successors and permitted assigns. IF may assign its rights and obligations under this Agreement without User’s consent to any IF affiliate, or partner or any affiliate or surviving party as part of a corporate reorganization, consolidation, merger, or sale.

19.6	FORCE MAJEURE. It is expressly agreed that neither party shall be liable for any default, delay, and lapse occurring due to reasons of Force Majeure including war, risk, theft, strike, tempest, sabotage, and change of law or any act of God.

19.7	Nothing in this Agreement shall create a partnership, employer-employee relationship, franshisee-franshisor, or a joint venture between the parties. User shall be solely responsible for the control and management of its business operations, for obtaining and maintaining all applicable business licenses and insurance. User shall indemnify and hold IF and its successors, officers, directors, employees, and agents harmless from any and all claims, demands, losses, or damages (including reasonable attorney’s fees and expenses) arising out of or in connection with liabilities or obligations imposed or attempted to be imposed upon IF by virtue of any such law with respect to User’s employees and agents.

BY SUBMITTING ANY CONTENT TO IF YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF IF PRIVACY POLICY (WHICH BY THIS REFERENCE IS DEEMED INCORPORATED HEREIN), WITH THE SAME FORCE AND EFFECT AS IF YOU SIGNED SUCH DOCUMENTS BY HAND