TERMS OF SERVICE

Posted as of 18 July 2023

Last updated as of 18 July 2023

Welcome to Nikol EV’s Terms of Service

We Nikol Automotive Private Limited a Private Limited company duly incorporated under the Companies Act 2013, have the registered address at “#7, Riddhi Siddhi Appt, Bhumkar Nagar, Narhe, Pune – 411041, Mh – India” (hereinafter referred to as “Company”) and are operating business under the brand name “Nikol EV” (hereinafter referred to as “Brand Name”). This Terms of Service (hereinafter referred to as “Terms of Service”) is our commitment towards your trust and we intend to facilitate Services (defined later) through our Website and Mobile Application. This Terms of Service lays down all the terms and conditions surrounding the usage of our Website and Mobile Application by You.

The act of using, registering, or perusing our Website and Mobile Application establishes a contractual agreement between the user and our organization, as outlined in our Terms of Service and other pertinent policies associated with our Website and Mobile Application. This agreement serves all contractual, legal, and compliance purposes. The present Terms of Service hold legal validity and are regarded as an electronic record under the Information Technology Act, 2000 and its relevant regulations, as well as the revised provisions concerning electronic records in several statutes, as amended by the Information Technology Act, 2000. The computer system generates this electronic record, obviating the need for any physical or digital signatures.

• Definition and Interpretation 
  • Definition
    • Applicable Laws- pertains to all the legal provisions, regulations, statutes, ordinances, by-laws, and any subsequent amendments that are enforceable within the geographical boundaries of India. 
    • Content- pertains to all the textual material, advertisements, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
    • Third Parties- pertains to all legal entities, whether individual or corporate, that are associated with the Website and Mobile Application, with the exception of the Users and the Website and Mobile Application’s owners.
    • Services- pertains to all the provisions offered to the User through the Website and Mobile Application. 
    • User- refers to individuals who opt for the electronic vehicle charging facility and experience offered by Nikol EV.
  • Interpretation
    • Company – for the purposes of this Terms of Service, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its owned Website and Mobile Application. 
    • User- for the purposes of this Terms of Service, wherever the context so requires, “You”, “Your”, “Yourself” and “User”, shall mean and refer to natural and legal individuals who shall be users of this Website and Mobile Application provided by Us and who is competent to enter into binding contracts, as per law.
    • The headings of each section in these Terms of Service are only for the purpose of organizing the various provisions under these Terms of Service in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Website and Mobile Application.
    • The Parties shall refer and mean the Company and User together, for the purpose of interpretation of terms of this Terms of Service. 
    • The use of this Website and Mobile Application is solely governed by these Terms of Service, Privacy Policy, and any other relevant policies as updated on the Website and Mobile Application and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a User continue to access and use this Website and Mobile Application, you are agreeing to comply with and be bound by the following Terms of Service, Privacy Policy, and any other applicable policies, thereof.
    • You expressly agree and acknowledge that these Terms of Service and Privacy Policy, and any other applicable policies, are co-terminus in nature and that the expiry/termination of either one will lead to the termination of the other.
    • You unequivocally agree that these Terms of Service, Privacy Policy, and any other applicable policies, constitute a legally binding agreement between us and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website and Mobile Application, and that the same shall be deemed to be incorporated into these Terms of Service and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Service and the Privacy Policy binding on you and that your act of visiting/browsing any part of the Website and Mobile Application constitutes your full and final acceptance of these Terms of Service, Privacy Policy, and any other applicable policies.
    • We reserve the sole and exclusive right to amend or modify these Terms of Service without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website and Mobile Application at once. Your continued use of the Website and Mobile Application will signify your acceptance of the changed Terms of Service.

• Website and Mobile Application Overview

The Website and Mobile Application intends to allow EV owners to easily locate, book, pay, and charge their vehicles. We are a prominent organisation in the electric vehicle charging sector. Our mission is to establish a robust and expansive electric vehicle charging network in India. Our primary objective is to produce AC electric vehicle chargers and deliver inventive and sustainable solutions for individuals who own electric vehicles. We boast of a network of more than 3,000 electric vehicle charging stations, providing a streamlined charging process for users. We pride ourselves on our customer-centric approach and strive to ensure a pleasant charging experience for all through the user-friendly interface of our Website and Mobile Application.

• Services on the Website and Mobile Application

The Website and Mobile Application provides a wide array of services aimed at improving the overall electric vehicle charging experience. The application has been developed to offer users convenient, accessible, and seamless functionality. The Charger Locator function utilizes geolocation technology to identify the closest electric vehicle charging station in proximity to the user’s current location. Our application offers instantaneous updates on the accessibility and condition of charging stations, guaranteeing effortless identification and navigation towards the most suitable charging location. Mobile wallet allows to seamlessly manage users’ payments and transactions using our secure mobile wallet feature. Add funds to the wallet, track charging expenses, and enjoy hassle-free payment options. Our integration with trusted payment gateways ensures smooth and secure transactions. To commence the charging session, scan the Quick Response (QR) code positioned on the charger. Our application streamlines the procedure, enabling prompt and effortless initiation of electric vehicle charging. Our customer support department is staffed with trained professionals who are ready to provide assistance with inquiries, concerns, or technical problems.

We are committed to providing users with a seamless and user-friendly experience that empowers users to transition to electric mobility.

• Compliance 

This Terms of Service is made in accordance with the provisions of the Information and Technology Act, 2000 and the rules therein along with the amendment from time to time. This Terms of Service is published on the Website and Mobile Application in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of  Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Service and practices for access and usage of any functional Website and Mobile Application.

• Registration 

Registration on the Website and Mobile Application is mandatory for Users of the Website and Mobile Application. The Users can register by providing the following information:

• • Name
  • Location
  • Mobile Number 
  • Email ID
  • Unit Consumption
  • E-vehicle Details 
  • Vehicle analytics.

The registration process allows for user authentication through either Google login or one-time password (OTP) verification.

• Operations
  • The Company retains the prerogative to alter, suspend, or discontinue the Application or any of its components, including features and functionalities, without prior notification, at any given time. 
  • In the circumstance of any alteration, cessation, or conclusion, the aforementioned Termination Clause shall persist in its applicability.
  • In order to utilise the services, users are required to install the Nikol EV Application from the Google Play Store. Upon successful installation, end-users can effortlessly identify the closest charging station through the application. Upon arriving at the charging station, the user has the option to either deposit funds into their digital wallet or make a direct payment to the charging station. The charging process can be initiated through the scanning of the Quick Response (QR) code present on the charger.

• Eligibility 
  • You represent and warrant that you are competent and eligible to enter into legally binding agreements and of competent age and that you have the requisite authority to bind yourself/themselves to these Terms of Service as per the Applicable Law. However, if you are a minor using this Website and Mobile Application, you may do so with the consent of your legal guardian. All Acts of the minor shall be deemed to be considered as acts undertaken under the supervision of their legal guardian. 
  • You further represent that you will comply with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations.
  • You shall not use the Website and Mobile Application if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rules, or regulations, currently in force.

• Payment Gateway

“RazorPay” has been used as the third-party payment gateway attached to this Website and Mobile Application. The Users shall be provided with payment-related information through the Website and Mobile Application. No payment-related information like, and not limited to, Credit Card numbers, Debit Card numbers, UPI IDs, or Bank Account Details are stored or managed by the Website and Mobile Application and we do not hold any liability towards any liability arising herein.

• Content
  • All the Content displayed on the Website and Mobile Application is subject to copyright and shall not be reused by You (or a Third-Party) without prior written consent from the Company and the copyright owner.
  • You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Website and Mobile Application and whilst feedback and comments by You can be made via the Website and Mobile Application, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Website and Mobile Application. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
  • You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website and Mobile Application. You shall not copy, adapt, or modify any Content without written permission from the Company.

• Indemnity

The User consents to indemnify while preserving Us, along with our directors, officers, employees, and agents (collectively referred to as “Parties”), from any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) that may be asserted against or incurred by Us due to a breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by the User according to these Terms of Service. Moreover, you consent to indemnify the Company from any allegations brought forth by any external party as a result of, or in relation to, the following:

• • The manner in which you utilise the Website and Mobile Application; 
  • Your breach of the provisions outlined in these Terms of Service; 
  • Your infringement upon the rights of other Parties, Users, and/or Third-Party entities; 
  • Your purported inappropriate behaviour in accordance with these Terms of Service; and 
  • Your actions in relation to the Website and Mobile Application. 

The User consents to provide complete cooperation in the process of indemnifying the Company, bearing the expenses themselves. It is also expected that you will refrain from reaching a settlement with any other party involved in the matter without obtaining prior consent from the Company.

The Company shall not be held responsible for compensating the User or any third party for any damages, including but not limited to loss of profits, data, or use, that may result from the use of the Website and Mobile Application’s services or materials. This includes damages that may be considered special, incidental, indirect, consequential, or punitive, regardless of whether they were foreseeable or whether the User had been advised of the possibility of such damages. The Company cannot be held liable based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising from the user’s use of or access to the Website and Mobile Application’s services or materials.

• Limitation of Liability

We shall not be deemed responsible for any possible damages, whether direct or indirect, that may arise from the use of the services. Such damages may include any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, data, or other intangible losses, resulting from:

• • the ability or inability to use the Website and Mobile Application or services; 
  • unauthorised access or alteration of user data; 
  • the conduct or content of third parties on the Website and Mobile Application; 
  • errors or omissions in the Website and Mobile Application’s content; 
  • interruptions or cessation of transmission to or from the Website and Mobile Application;
  • transmission of harmful code such as bugs, viruses, Trojan horses, or other malware.

The limitation of liability is a legal provision that restricts the amount of damages that a party can be held liable for in the event of a breach of contract or other legal claims.

Nikol Automotive Private Limited, along with its officers, directors, employees, agents, or affiliates, cannot be held accountable for any damages, liabilities, costs, or losses that may arise from your utilisation of the Nikol EV’s Website and Mobile Application or services. This liability exemption applies regardless of whether the damages are based on warranty, contract, tort, or any other legal theory, and even if you were informed of the potential for such damages.

Nikol Automotive Pvt Ltd and its employees disclaim any liability for any incidents (such as combustion, altercations, or environmental damage) that may transpire at charging stations. The company shall not assume liability for any expenses or bear responsibility for incidents or accidents.

• Termination
  • Termination by User: The User reserves the right to terminate or suspend the his access to the Application, in whole or in part, with a prior written notice of 30 days, for any reason including, but not limited to, violation of these terms and conditions or any applicable laws or regulations. In the event of termination by the Company, users will no longer have access to the account and any data associated with it.
  • Termination by the Company: The Company reserves the right to terminate or suspend the user’s access to the Application, in whole or in part, without prior notice, for any reason including, but not limited to, violation of these terms and conditions or any applicable laws or regulations. In the event of termination by the Company, users will no longer have access to the account and any data associated with it.
  • Effect of Termination: Upon termination of your access to the Application, you agree to cease all use of the Application and any related services. The Company shall have no obligation to retain any of your data stored in the Application and may delete such data upon termination. 
  • Reinstatement of Account: If your access to the Application has been terminated by either party, you may request reinstatement of your account by contacting the Company. The Company reserves the right to accept or reject such reinstatement request in its sole discretion.

The Company reserves the right to modify, suspend, or terminate the Application or any part thereof, including any features or functionalities, at any time without prior notice. In the event of such modification, suspension, or termination, this Termination Clause shall continue to apply.

• Communication

By using this Website and Mobile Application and providing your identity and contact information to the Company through the Website and Mobile Application, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.

You can report to “help.nikolev@gmail.com” if you find any discrepancy with regard to Website and Mobile Application or Content-related information and we will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by us relating to any services availed by you on the Website and Mobile Application or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by us that any information shared by us shall be governed by the Privacy Policy.

• User obligations and formal undertakings to conduct

You agree and acknowledge that you are a restricted user of this Website and Mobile Application and you: 

• • agree to provide genuine credentials during the process whenever required on the Website and Mobile Application. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;
  • agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;
  • understand and acknowledge that the data submitted is manually entered into the database of the Website and Mobile Application. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the services through the Website and Mobile Application;
  • authorize the Website and Mobile Application to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of service, marketing and promotional purposes, and for optimisation of User-related options and service;
  • understand and agree that, to the fullest extent permissible by law, the Website and Mobile Application or any of its affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website and Mobile Application or this Terms of Service, including, but not limited to compensatory, consequential, incidental, indirect, special or punitive damages;
  • are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Website and Mobile Application. Any such use/limited use of the Website and Mobile Application will only be allowed with the prior express written permission; 
  • agree not to access (or attempt to access) the Website and Mobile Application and/or the materials or Service by any means other than through the interface provided by the Website and Mobile Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and Mobile Application or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and Mobile Application, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and Mobile Application will lead to suspension or termination of your access to the Website and Mobile Application. We disclaim any liabilities arising concerning such offensive Content on the Website and Mobile Application.

You further undertake not to: 

• • engage in any activity that interferes with or disrupts access to the Website and Mobile Application or the Services provided therein (or the servers and networks which are connected to the Website and Mobile Application);
  • impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  • probe, scan, or test the vulnerability of the Website and Mobile Application or any network connected to the Website and Mobile Application, nor breach the security or authentication measures on the Website and Mobile Application or any network connected to the Website and Mobile Application. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Website and Mobile Application, or any other viewer of the Website and Mobile Application, including any User account maintained on the Website and Mobile Application not operated/managed by the User, or exploit the Website and Mobile Application or information made available or offered by or through the Website and Mobile Application, in any manner;
  • disrupt or interfere with the security of, or otherwise cause harm to the Website and Mobile Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Mobile Application or any affiliated or linked Website and Mobile Application;
  • use the Website and Mobile Application or any material or Content therein for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website and Mobile Application or any other Third-Party(ies);
  • violate any code of conduct or guideline which may apply for or to any particular Service offered through the Website and Mobile Application;
  • violate any applicable laws, rules, or regulations currently in force within or outside India;
  • violate any portion of these Terms of Service or the Privacy Policy, including but not limited to any applicable additional terms and conditions of the Website and Mobile Application contained herein or elsewhere, whether made by amendment, modification or otherwise;
  • commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment (“ISP”) or in any manner disrupts the Services of any other supplier/service provider of the Website and Mobile Application;
  • you hereby expressly authorize the Company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. You further understand that the Website and Mobile Application might be directed to disclose any information (including the identity of persons providing information or materials on the Website and Mobile Application) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;
  • you agree to use the Services provided by the Company, our affiliates, consultants and contracted companies, for lawful purposes only;
  • you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the service order and debar you from using the Website and Mobile Application without prior intimation whatsoever;
  • you agree not to post any material on the Website and Mobile Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertise any goods or Products. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that: 
    • belongs to another person and to which you have no right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • is in any way harmful to minors;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any Applicable Law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
    • abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
    • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and 
    • threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

• Suspension of User access and activity

Notwithstanding other legal remedies that may be available, we may in our sole discretion, your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website and Mobile Application, and/or refusing to the usage of the Website and Mobile Application, without being required to provide you with notice or cause:

• • if you are in breach of any of these Terms of Service, Privacy Policy, or any other applicable policies;
  • if you have provided wrong, inaccurate, incomplete or incorrect information; and
  • if your actions may cause any harm, damage or loss to the other Users or the Company, at our sole discretion.

• Intellectual Property Rights

The intellectual property rights, specifically the copyright and trademark, associated with the moniker Nikol EV – Electrifying Future are owned by Nikol Automotive Pvt Ltd. The usage of the name without proper authorization is strictly prohibited. 

Nikol Automotive Pvt Ltd shall possess ownership of all environmental attributes (carbon credits) produced during the utilisation of the Nikol EV application or the operation of chargers provided or managed by Nikol Automotive Pvt Ltd.

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms of Service that shall be available on the Website and Mobile Application. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Website and Mobile Application or such other Third-Party and other distinctive brand features of the Website and Mobile Application are the property of the Website and Mobile Application or the respective copyright or trademark owner. Furthermore, concerning the Website and Mobile Application, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website and Mobile Application.

You shall not use any of the Intellectual Property displayed on the Website and Mobile Application in any manner that is likely to cause confusion among existing or prospective users of the Website and Mobile Application, or that in any manner disparages or discredits the Website and Mobile Application, to be determined in the sole discretion.

You are aware all Intellectual Property, including but not limited to copyrights, relating to said Products and Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the creators. 

You are further aware that any reproduction or infringement of the Intellectual Property of the owners by you will result in legal action being initiated against you by the respective owners of the Intellectual Property so reproduced/infringed upon. It is agreed to by you that the Contents of this section shall survive even after the termination or expiry of these Terms of Service and/or Privacy Policy.

• Disclaimer of Warranties and Liabilities
  • You further agree and undertake that you are accessing the Website and Mobile Application at your sole risk and that you are using the best and prudent judgment before availing of any features on the Website and Mobile Application or accessing/using any information displayed thereon.
  • You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Website and Mobile Application, written or oral, will not create any warranty and we disclaim all liabilities resulting from these. 
  • We do not guarantee that the features and content contained in the Website and Mobile Application will be uninterrupted or error-free, or that the Website and Mobile Application or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Website and Mobile Application.
  • It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Service and/or Privacy Policy.

• FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

• DISPUTE RESOLUTION AND JURISDICTION

In the event of any dispute arising out of or in connection with this Terms of Service, including any dispute relating to the validity of this Terms of Service, the Parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.

In the event the Parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Pune, Maharashtra, India.

You expressly agree that the Terms of Service, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

• MISCELLANEOUS PROVISIONS
  • Entire Agreement: These Terms of Service, read with the Privacy Policy and Disclaimer form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.
  • Waiver: The failure at any time to require the performance of any provision of these Terms of Service shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Service. 
  • Severability: If any provision/clause of these Terms of Service is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Service shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Service shall be valid and enforceable to the fullest extent permitted by Applicable Law. In such case, these Terms of Service shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
  • Contact Us: If you have any questions about these Terms of Service, the practices of the Website and Mobile Application, or your experience, you can contact us by emailing us at help.nikolev@gmail.com or by writing to us at: “#7, Riddhi Siddhi Appt, Bhumkar Nagar, Narhe, Pune – 411041, MH – India.