Terms of Service

Platform Terms of Use of Enigmee Ventures

This is a legal agreement between you (the person accessing, viewing, using or accessing the Website, and later referred to as “You”, or “User” as per the context) and Enigmee Ventures, a firm , having its registered office at 17, Central Colony, VKIA Road nbo.9, Jaipur - 302039, India ("Company”).

Please read these terms of use carefully before using the services offered by the Company. These terms of use set forth the legally binding terms and conditions for your use of the website/app of the Company and the services, features, content or widgets available through the site/app. It is clarified that the Main Site, the Sub-Sites, the Mobile App (when available) shall collectively be called the Platform.

Acceptance of Terms

By registering for and/or using the Platform in any manner, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate the Company’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time by the Company, each of which is incorporated by reference and each of which may be updated the Company from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Platform may be subject to additional terms and conditions specified by the Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service.

1. Access

Subject to these Terms of Use, the Company may offer to provide the Services, as described more fully on the Platform, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services the Company performs for you, any hardware or product offered by the Company, or any widgets that you download from the Platform or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores authorized by the Company, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

The Company makes no representation that the content on the Platform and/or the Services is appropriate to be used or accessed outside India. Any users who use or access the Platform or avail the Services from outside India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

2. Registration and Eligibility

• For the Platform, in order to use the Service, you are required to register with the Company and represent, warrant and covenant that you provide the Company with accurate, truthful, and complete registration information (including, but not limited to your name ("Username"), phone number and e-mail address you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your user account. Any Services provided by the Company which do not require registration do not absolve you of the contractual relationship established by your agreement of these Terms of Use.
• Registration as a User, for the Platform, is only a one-time process and if you have been previously registered, you shall login / sign into your account using the same credentials as provided by you during the registration process.
• The Company reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your user account password. You shall never use another user's account without such other user's prior express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
• You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Platform or Services in any way. [As a minor if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor utilizes the Platform or Services, it is assumed that the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our Services that may occur by virtue of any person including a minor registering for the Services provided.]
• You shall not:
  • provide any false personal information to the Company (including a false Username) or create any account for anyone other than yourself without such person's permission;
  • use a Username that is the name of another person with the intent to impersonate that person;
  • use a Username or user account that is subject to any rights of a person other than you without appropriate authorization; or
  • use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.

3. Price and Payment

• The use of this Platform is free of cost and this includes only the usage of certain Services of the Platform. You hereby understand that this no charge policy may be amended any time at the discretion of the Company.
• However, in the event you choose to avail of a paid Service, payment made be made as a one-time payment/ monthly subscription service. All payments made for Services on the Platform by you shall be compulsorily in Indian Rupees. The Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.
• The Company makes every effort to make sure that the pricing and availability of Services/ products on the Platform is accurate and up to date. However, rarely, there may be an error on the pricing of a Service/product or an error related to product availability. In such cases, the Company is not responsible for any typographical errors and it reserves the right to cancel the transaction/ such sale.
• The Company reserves the right to correct any inaccuracies or omissions related to pricing and Service/product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
• You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or UPI. Credit/Debit Card and Net Banking Payments are processed via the Company’s online payment service partners.
• Any returns/refunds/requests for cancellation shall subject to the Company’s policies on the same which may be updated from time to time
• Studentpeeps reserves the right to change its rewards, policies, and terms of the program at its sole discretion without any prior notice to its users.

4. Terms of Sale

• The use of this Platform is free of cost and this includes only the usage of certain Services of the Platform. You hereby understand that this no charge policy may be amended any time at the discretion of the Company.
• However, in the event you choose to avail of a paid Service, payment made be made as a one-time payment/ monthly subscription service. All payments made for Services on the Platform by you shall be compulsorily in Indian Rupees. The Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.
• The Company makes every effort to make sure that the pricing and availability of Services/ products on the Platform is accurate and up to date. However, rarely, there may be an error on the pricing of a Service/product or an error related to product availability. In such cases, the Company is not responsible for any typographical errors and it reserves the right to cancel the transaction/ such sale.
• The Company reserves the right to correct any inaccuracies or omissions related to pricing and Service/product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
• You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or UPI. Credit/Debit Card and Net Banking Payments are processed via the Company’s online payment service partners.
• Any returns/refunds/requests for cancellation shall subject to the Company’s policies on the same which may be updated from time to time

5. Content

• All Content on the Platform, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. The Company cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom and the Company shall have no liability towards you or any other party for any damage or loss resulting from such Content. You acknowledge and agree that any Content or aggregated data provided by you, may be accessed and transferred to the Platform or used for the Platform for the purposes of provisioning of the Services.
• For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the Company on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by Users is collectively referred to as, "User Submissions."
• Please note that any User Submissions or advertisement that promotes online gambling, lotteries or games of skill that offer prizes of cash (including online casinos, sports betting, bingo games, or poker games using real money) shall be permitted only if prior written permission is granted to conduct such games by appropriate authorities and not otherwise.
• Content or User Submission shall not infringe any third-party rights including intellectual property rights, privacy rights, performer’s rights etc.
• You shall at all times comply with all applicable laws, ordinances, regulations, and codes which are applicable to the performance of their respective obligations under these Terms of Use.
• Content or User Submission should not contain any such image, photograph, design, artwork, any other copyrightable work, trade name, trade mark etc. that may violate intellectual property rights of any third party and must acquire permission/authorization/licenses for trademarks or copyrightable works owned/controlled by a third party prior to being uploaded as Content.
• Content or User Submission pertaining to any matter relating to elections and containing any election related matter, should not be published or transmitted, for a period of forty-eight (48) hours prior to the conclusion of polling for any elections in a given polling area and should be compliant with Representation of People’s (Amendment) Act, 1996.
• Prohibited Products and Services: Content or User Submission pertaining to the items below are prohibited:
  • Illicit drugs, prescription drugs or recreational drugs;
  • Cigarettes, Tobacco products and related tools;
  • Health care products that are identified as unsafe;
  • Weapons, ammunition or explosives;
  • Adult products or services (except for family planning and contraceptive website contents);
  • Fake or substandard goods, pirated products;
  • Abuse of animals, trafficking or trade of endangered species;
  • Abortion medical services;
  • Donation/Sale of Human organ or tissue;
  • The object of advertising that is prohibited by the low of other applicable areas;
  • Prostitution;
  • Gambling, Betting and Private Lottery, except as specifically permitted by law;
  • Prize chits and money circulation schemes;
  • Professional Services, including those provided by:;
    • Medical Practitioners;
    • Advocates;
    • Architects;
    • Chartered Accountants; and
    • Company Secretaries.

6. Company Content

• The Service contains Content specifically provided by the Company or its partners on the Platform and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. (“Company Content”) You shall abide by and maintain all copyright notices, information, and restrictions contained in any Company Content accessed through the Service.
• Subject to these Terms of Use, the Company grants each user of the Platform and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Company Content, solely for personal, non-commercial use. Use, reproduction, distribution or storage of any Company Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Company Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Company Content for commercial (whether or not for profit) use or in any way that violates any third party right.
• You shall always use Company Content as an end user of the Services. All Company Content is made available as is and without any representations or warranties whatsoever, and the Company hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.

7. Conditions To Use

• The Services will be provided on best efforts basis. The Company will make reasonable efforts and shall endeavor that you are able to use the Services without undue disruption, interruption or delay.
• By creating a Company account, you may receive updates, promotional materials and other information we may send with regards to the Service, or new services the Company may offer. You may opt out of receiving any, or all, of these communications from the Company by following the unsubscribe link or instructions provided in any email we send. You will continue to receive important updates with regards to your user account.
• When you use the Platform to avail the Services, you agree that you are involved in the transmission of sensitive and personal information, including but not limited to your registration information and mobile number (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Company agrees to take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
• The Company disclaims any responsibility for any harm resulting from anyone’s use, viewing, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Content offered through any of the Services is the Content provider or Content creator’s (the person, persons or entity that was responsible for uploading, adding or sharing the content or materials) sole responsibility, and you agree that the Company shall not be liable for any damages that may result from your use of the Content
• You can request deletion of your account by contacting us at hi@studentpeeps.club

8. Terms of Sale

• As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
• By way of example, and not as a limitation, you shall not and shall not permit any third party to take any action or publish any information that:
  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by the Company in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • involves commercial activities (whether or not for profit) and/or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or any third party;
  • impersonates any person or entity, including any employee or representative of the Company;
  • includes anyone's identification documents or sensitive financial information; or
  • breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
• You shall not (directly or indirectly):
  • take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company' (or its third party providers') infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • run any form of auto-responder or "spam" on the Service;
  • use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Platform;
  • harvest or scrape any Content from the Service;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Platform Content, except as expressly authorized by the Company;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent Applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • not delete or modify any content of the Platform and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
  • use the Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Services or any operating system;
  • not make false or malicious statements against the Services or the Platform or the Company; or
  • otherwise take any action in violation of the Company’s guidelines and policies.
• By using the Services, you represent and warrant that:
  • You are 18 years of age or older and that your use of the Platform shall not violate any applicable law or regulation;
  • You have fully read and understood the Terms of Use and Privacy Policy of the Platform and consent to them.
  • You shall ensure that the requisite information provided by you to us for the Services on the Platform, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. The Company will not be liable for any incident occurring due to incorrect or insufficient information provided by you; and
  • Will not use the Services for any unlawful purposes, or in furtherance of illegal activities.
• Will not use the Services for any unlawful purposes, or in furtherance of illegal activities.
• The Company reserves the right to access, read, preserve, and disclose any information as the Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users and the public.

9. Third Party Sites and Services

• The Company acts as a facilitator between retailers, customers and distributors and the Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk.
• These other websites are not under the Company’s control, and you acknowledge that the Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by the Company or any association with its operators. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

10. Termination

The Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Platform. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Warranty Disclaimer

• Save to the extent required by law, the Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
• You release the Company from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Service, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
• The Company shall not have any liability where the transaction is unable to be completed or does not fructify. In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services.
• The Platform, Service, and Content link are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
• The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service including, without limitation any third party sites or services linked to the Platform and / or Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service or Third Party Sites or Services is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the Platform, Service, and Content is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you. If any open-source software is included in the Platform or any Services, the terms of an open-source license may override some of the terms of these Terms of Use.

12. Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the hardware, Platform, Service, Content, or otherwise from your violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defences.

13. Terms of Sale

• The Company will not be liable or responsible for:
  • Any instance where the transaction is unable to be completed or does not fructify;
  • any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms of Use that is caused by any act or event beyond the Company’s reasonable control, including force majeure events;
  • any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms of Use or any financial loss that is caused by an assigned partner(s) or a third-party service;
  • the Platform not meeting your individual requirements or the Platform containing defects or errors, as the Platform has not been developed specifically for you. It is your responsibility to ensure that you use the Platform if the facilities and functions of the Platform meet your requirements;
  • any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Platform or the Services.
• Additionally, by using the Platform or any Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
• It is your responsibility to ensure that you use the Platform if the facilities and functions of the Platform meet your requirements. Nothing in these terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms of Use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
• Without prejudice to the foregoing, none of the directors, employees, agents, representatives, partners, suppliers or content providers of the Company shall not be personally liable for any action in connection with the Platform or the Services.
• To the maximum extent permitted by applicable law, in no event shall the Company, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not the Company, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the Platform, Service, or Content for:
  • the use or the inability to use the Platform and /or Service;
  • indirect, remote or consequential losses or damages;
  • loss of actual or anticipated profits;
  • loss of revenue;
  • loss of goodwill;
  • unauthorized access to or alteration of your transmissions or loss of data;
  • loss of anticipated savings;
  • wasted expenditure;
  • cost of procurement of substitute goods or services; or
  • any other matter relating to the Platform and / or Service

14. Copyright and Trademarks

• Copyright in works contained in the Platform, including but not limited to all Content, features, functionality software, design, text, sound recordings and images, are the Company’s exclusive property, or licensed by the Company, except as otherwise expressly stated. You may access the Platform only for your use of the Services offered.
• All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to the Company. No information, code, algorithms, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company’s express written permission.
• You must:
  • not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Platform or any of its components;
  • not delete or modify any content of the Platform and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
  • not make false or malicious statements against the Services or the Platform or the Company;
  • not use the Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Services or any operating system;
  • not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," “phishing” and "griefing" as those terms are commonly understood and used on the Internet;
  • not use the Platform or any Services in a way that could damage, disable, overburden, impair or compromise the Platform, our systems or security or interfere with other Users;
  • not carry out reverse engineering in respect of the hardware or software underlying the Platform or any part thereof; and
  • comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Platform or any Services, which may include but is not limited to not using the Platform in a country where the use of the Platform or any Services is unlawful.

15. Governing Law

• A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
• These Terms of Use shall be governed by and construed in accordance with the laws of India. All matters and dispute between the the Company and You relating to the Terms of Use, shall be subject to the jurisdiction of the courts in Bengaluru.
• Notwithstanding the foregoing, any disputes arising out of or in relation to the Terms of Use shall finally be settled under the rules of the Indian Arbitration and Conciliation Act, 1996 (and amendments thereof) (the “Arbitration Rules”) by a sole arbitrator appointed by the the Company, in accordance with the Arbitration Rules. The decision of the arbitrator shall be final and binding upon the parties hereto. The place of arbitration shall be [please insert, as applicable]. The language of the arbitration shall be English.
• Notwithstanding the foregoing and without prejudice to the right of the Company to seek interim or provisional relief from the arbitration proceedings, the Company may, prior to the appointment of the arbitrator and even thereafter, seek interim or provisional relief, including but not limited to, a preliminary injunctive relief or restraint from a court of competent jurisdiction.