Effective Date: Jan 1, 2021
THE AGREEMENT: The use of this website and services on this website provided by VTS
India (hereinafter referred to as " Owner ") are subject to the following Terms & Conditions
(hereinafter the " Terms of Service "), all parts and sub-parts of which are specifically incorporated
by reference here together with the Privacy Policy. Following are the Terms of Service governing your
use of www.vtsindia.in (the " Website "), all
pages on the Website and any services provided by or on this Website (" Services ").
By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from
Us, you engage in Our "Service" and agree to be bound by the Terms of Service including those
additional terms and conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the site including without limitation vendors, buyers,
customers, merchants, browsers and/ or contributors of content. You acknowledge and agree that the
Website may use your personal information in the manner described in Our Privacy Policy which sets
forth how information collected about you is collected, used and stored.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a. Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the
Website, and certain Services on it, available to Users. VTS India, VTS INDIA, Owner, Us, We, Our,
Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates
of the Owner.
b. You, the User, the Client: You, as the user of the Website, will be referred to throughout these
Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the
purpose of these Terms of Service, the term " User " or " You " shall mean any natural or legal person
who is accessing the Website. The term '" Your " shall be construed accordingly.
c. Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred
to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of Service and that You
agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the
Website immediately. The Owner only agrees to provide use of this Website and Services to You if You
assent to these Terms of Service. Your continued use of the Website shall amount to a specific
acceptance of these Terms of Service. Further, based on the Services obtained by a User, additional
terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement
between the Users and the Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein.
By using this Website, You represent and warrant that You are at least 18 years of age and may legally
agree to these Terms of Service. The Owner assumes no responsibility or liability for any
misrepresentation of Your age.
4) ABOUT THE SITE
The Website is an online store which carries out sale of the following: Components/Spare Parts for
our Machines. We reserve the right to refuse service or refuse to sell the products on the Website at
our sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You assume all
risks associated in dealing with other users whom You come in contact through the Website. You agree
to use the Website only for lawful purposes without infringing the rights of or restricting the use of
this Website by any third party.
5) LICENSE TO USE WEBSITE
The Owner may provide You with certain information as a result of Your use of the Website or
Services. Such information may include but is not limited to, documentation, data, or information
developed by the Owner, and other materials which may assist in Your use of the Website or Services
("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited,
non-transferable and revocable license to use the Owner Materials solely in connection with Your use
of the Website and Services. The Owner Materials may not be used for any other purpose and this
license terminates upon Your cessation of use of the Website or Services or at the termination of
these Terms of Service.
You agree not to collect contact information of other Users from the Website or download or copy any
information by means of unsolicited access so as to communicate directly with them or for any reason
whatsoever.Any unauthorized use by you shall terminate the permission or license granted to you by the
Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict
access to the Website.
6) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the property of the Owner,
including all copyrights, trademarks, trade secrets, patents and other intellectual property ("Owner
IP"). You agree that the Owner owns all right, title and interest in and to the Owner IP and that You
will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or
distribute the Owner IP in any way, including electronically or via registration of any new
trademarks, trade names, service marks or Uniform Resource Locators (URLs), without prior express
written permission from the Owner.
a. In order to make the Website and Services available to You, You hereby grant the Owner a
royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make
derivative works of any content You publish, upload or otherwise make available to the Website ("Your
Content"). The Owner claims no further proprietary rights in Your Content.
b. If You feel that any of Your intellectual property rights have been infringed or otherwise violated
by the posting of information or media by another of Our users, please contact Us and let Us know.
7) USER OBLIGATIONS
As a User of the Website or Services, You may be asked to register with Us. When You do so, You will
choose a user identifier, which may be Your email address or another term, as well as a password. You
may also provide personal information, including, but not limited to, Your name. You are responsible
for ensuring the accuracy of this information. This identifying information will enable You to use the
Website and Services. You must not share such identifying information with any third party and if You
discover that Your identifying information has been compromised, You agree to notify Us immediately in
writing. An email notification delivered successfully will suffice. You are responsible for
maintaining the safety and security of Your identifying information as well as keeping Us apprised of
any changes to Your identifying information. The billing information You provide us, including credit
card, billing address and other payment information, is subject to the same confidentiality and
accuracy requirements as the rest of Your identifying information. Providing false or inaccurate
information, or using the Website or Services to further fraud or unlawful activity are grounds for
immediate termination of these Terms of Service. The Owner reserves the right to refuse service,
terminate accounts, or remove or edit content in its sole discretion.
8) PAYMENT & FEES
Should You register for any of the paid Services on this Website or purchase any product or service
on this Website, You agree to pay Us the specific monetary amounts required for that product or those
Services. These monetary amounts ("Fees") will be described to You during Your account registration
and/or confirmation process. The final amount required for payment will be shown to You immediately
prior to purchase.
We reserve the right to refuse service or refuse to sell the products on the Website at our sole
discretion to anyone for any reason at any time and Users agree that We will not be accountable for
any claims of loss occurred owing to Our refusal.
9) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under
this clause. You agree not to use the Website or Services in any way that could damage the Website,
Services or general business of the Owner.
a. You further agree not to use the Website or Services to host, display, upload, modify, publish,
transmit, store, update or share any information that,—
i. belongs to another person and to which the User does not have any right;
ii. is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily
privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically
objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or
contrary to the laws in force;
iii. is harmful to child;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally
communicates any information which is patently false or misleading in nature but may reasonably be
perceived as a fact;
vii. impersonates another person;
viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign States, or public order, or causes incitement to the commission of any cognisable offence
or prevents investigation of any offence or is insulting other nation;
ix. contains software virus or any other computer code, file or program designed to interrupt, destroy
or limit the functionality of any computer resource;
x. is patently false and untrue, and is written or published in any form, with the intent to mislead
or harass a person, entity or agency for financial gain or to cause any injury to any person;
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to collect or track the personal
information of others; (d) to damage, disable, overburden, or impair the Website or any other party's
use of the Website; (e) to spam, phish, pharm, pretext, spider, crawl or scrape; (f) for any indecent
or immoral purpose; or (g) to interfere with or circumvent the security features of the Service or any
related website, other websites or the Internet; (h) to personally threaten or has the effect of
personally threatening other Users.
We reserve the right to terminate Your use of the Service or any related website for violating any of
the prohibited uses. VTS INDIA has the full authority to review all content posted by Users on the
Website. You acknowledge that the Website is not responsible or liable and does not control the
content of any information that may be posted to the Website by You or other Users of the Website and
You are solely responsible for the same. .
You agree to comply with all applicable laws, statutes and regulations concerning Your use of the
Website and further agree that You will not transmit any information, data, text, files, links,
software, chats, communication or other materials that are abusive, invasive of another's privacy,
harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or
racially or otherwise objectionable, including without limitation material of any kind or nature that
encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable local, state, provincial, national, or international law or regulation, or
encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit, block or remove content that We determine in our
sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or
otherwise objectionable, against Acceptable Use detailed herein or violates any party's intellectual
property or these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).
10) COMMUNICATION
You understand that each time You use the Website in any manner, You agree to these Terms. By
agreeing to these Terms, You acknowledge that You are interested in availing and purchasing the
Services that You have selected and consent to receive communications via phone or electronic records
from the Website including e-mail messages telling You about products and services offered by the
Website (or its affiliates and partners) and understanding Your requirements. Communication can also
be done by posting any notices on the Website. You agree that the communications sent to You by the
Website shall not be construed as spam or bulk under any law prevailing in any country where such
communication is received.
11) PRIVACY OF INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information. By using
the Website or the Services, You authorize the Owner to use Your information in India and any other
country where We may operate.
a. Information We May Collect or Receive: When You register for an account, You provide Us with a
valid email address and may provide Us with additional information, such as Your name or billing
information. Depending on how You use Our Website or Services, We may also receive information from
external applications You use to access Our Website or We may receive information through various web
technologies, such as cookies, log files, clear gifs, web beacons or others.
b. How We Use Information: We use the information gathered from You to ensure Your continued good
experience on Our website, including through email communication. We may also track certain of the
passive information received to improve Our marketing and analytics, and for this, We may work with
third-party providers.
c. How You Can Protect Your Information: If You would like to disable Our access to any passive
information We receive from the use of various technologies, You may choose to disable cookies in Your
web browser. Please be aware that the Owner will still receive information about You that You have
provided such as Your email address. If You choose to terminate Your account, the Owner may store some
information about You for the future reference.
12) SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties to sell goods or services on the Website.
The Owner undertakes to be as accurate as possible with all information regarding the goods and
services, including product descriptions and images. However, the Owner does not guarantee the
accuracy or reliability of any product information and You acknowledge and agree that You purchase
such products at Your own risk. For goods or services sold by others, the Owner assumes no liability
for any product and cannot make any warranties about the merchantability, fitness, quality, safety or
legality of these products. For any claim, which You may have against the manufacturer or seller of
the product, You agree to pursue that claim directly with the manufacturer or seller and not with the
Owner. You hereby unconditionally and irrevocably release the Owner from any claims related to goods
or services manufactured or sold by third parties, including any and all warranty or product liability
claims.
We may, in Our sole discretion, limit or cancel quantities purchased per person or per order. Any
orders including orders by or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address may be subject to the above. We may restrict the
sales of products or Services to any person, geographic region or jurisdiction at Our sole discretion
as We may decide on a case-by-case basis.
We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit
orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors. If We
cancel Your order, We will contact the e-mail and/or billing address/phone number provided at the time
the order was made.
We take care to accurately display the colours and images of Our products but, We cannot guarantee
that Your computer or phone screen's display of any colour will be accurate. We also do not provide
any warranties that the quality of any products, services, information, or other material purchased or
obtained by You will meet Your expectations and standards, or any specific requirements or that any
such errors in the Service will be corrected. Prices and descriptions of products are subject to
change at any time without notice, at our sole discretion. A subsequent decrease in price of products
or Services will not entitle User for a refund of balance price on account of decrease in price of
product / Service. We may remove or discontinue any product from our site without prior notice. Any
offer for any prohibited product or service made on this site is void.
We may provide You with access to third-party tools which We neither monitor nor have any control over
and are not involved in any input. You acknowledge and agree that We provide access to such tools on
"as is" and "as available" basis without any warranties, representations, conditions of any kind and
endorsements. We shall have no liability whatsoever arising from or relating to Your use of optional
third-party tools. Any use by You of optional tools offered through the Website is entirely at Your
own risk and discretion and You should ensure that You are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
13) TERMS OF SALE/SHIPPING/DELIVERY
You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm
that prices are subject to change. When purchasing a physical good, You agree to provide Us with a
valid email and shipping address, as well as valid billing information. We reserve the right to reject
or cancel an order for any reason, including errors or omissions in the information You provide to Us.
If We do so after payment has been processed, We will issue a refund to You in the amount of the
purchase price. We also may request additional information from You prior to confirming a sale and We
reserve the right to place any additional restrictions on the sale of any of Our products. You agree
to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices
are subject to change. For the sale of physical products, We may preauthorize Your credit or debit
card at the time You place the order or We may simply charge Your card upon shipment. You agree to
monitor Your method of payment. Shipment costs and dates are subject to change, from the costs and
dates You are quoted, due to unforeseen circumstances. For more information please refer to Our Sale
Information Guide. For any questions, concerns or disputes, You agree to contact Us in a timely manner
at the following: santhosh.mosale@vtsindia.in
14) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a. Reverse engineer, or attempt to reverse engineer on or disassemble any code or software from or on
the Website or Services;
b. Violate the security of the Website or Services through any unauthorized access, circumvention of
encryption or other security tools, data mining or interference to any host, user or network.
15) DATA LOSS
The Owner does not accept responsibility for the security of Your account or content. You agree that
Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us
harmless against any and all legal claims and demands, including reasonable attorney's fees, which may
arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of
Service, or Your conduct or actions. You agree that the Owner shall be able to select its own legal
counsel and may participate in its own defence if the Owner wishes.
17) SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's Services for illegal spam
activities, including gathering email addresses and personal information from others or sending any
mass commercial emails.
18) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You agree that the
Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third
party services linked to or from Our Website.
19) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to You, modify these Terms of
Service. You agree that the Owner has the right to modify these Terms of Service or revise anything
contained herein. You further agree that all modifications to these Terms of Service are in full force
and effect immediately upon posting on the Website and that modifications or variations will replace
any prior version of these Terms of Service unless prior versions are specifically referred to or
incorporated into the latest modification or variation of these Terms of Service. You are encouraged
to revisit these Terms of Service regularly.
a. To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any
court of law, You agree that the prior, effective version of these Terms of Service shall be
considered enforceable and valid to the fullest extent.
b. You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the
top of these Terms of Service to note modifications or variations. You further agree to clear Your
cache, when doing so, to avoid accessing a prior version of these Terms of Service. You agree that
Your continued use of the Website after any modifications to these Terms of Service is a manifestation
of Your continued assent to these Terms of Service.
c. In the event that You fail to monitor any modifications to or variations of these Terms of Service,
You agree that such failure shall be considered an affirmative waiver of Your right to review the
modified Agreement.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all
use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral, regarding the use of this Website.
21) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency
services on a scheduled or unscheduled basis. You agree that Your access to the Website may be
affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no
liability for any damage or loss caused as a result of such downtime.
22) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You / access to features of the Website at any
time for any reason, with or without cause. The Owner specifically reserves the right to such
termination if You violate any of the terms outlined herein, including, but not limited to, violating
the intellectual property rights of the Owner or a third party, failing to comply with applicable laws
or other legal obligations not adhering to Acceptable Use, and/or publishing or distributing illegal
material. If You have registered for an account with Us, You may also terminate these Terms of Service
at any time by contacting Us and requesting termination. Please keep in mind that any outstanding Fees
will still be due even after termination of Your account and shall become immediately payable. At the
termination of these Terms of Service, any provisions that would be expected to survive termination by
their nature shall remain in full force and effect.
23) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any
Services provided by Us are on an "As Is" basis. The Owner hereby expressly disclaims any and all
express or implied warranties of any kind, including, but not limited to the implied warranty of
fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no
warranties that the Website or Services will meet Your needs or that the Website or Services will be
uninterrupted, error-free or secure. The Owner also makes no warranties as to the reliability or
accuracy of any information on the Website or obtained through the Services. You agree that any damage
that may occur to You, through Your computer system, or as a result of the loss of Your data from Your
use of the Website or Services is Your sole responsibility and that the Owner is not liable for any
such damage or loss.
All information, software, products, services and related graphics are provided on this site is on "as
is" and "as available" basis devoid of warranty of any kind, either expressed or implied. The Website
disclaims all warranties, expressed or implied including, without limitation, all implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement or arising from a
course of dealing, usage or trade practice. VTS INDIA makes no representation about the suitability of
the information, software, products and services contained on this Website for any specific purpose,
and the inclusion or offering of any products or services on this Website does not constitute any
endorsement or recommendation of such products or services.
The Website makes no warranty that the use of the Website will be uninterrupted, timely, secure,
without defect or error-free. You expressly agree that use of the Website is at Your own risk. The
Website shall not be responsible for any content found on the Website.
Your use of any information or materials on this site or otherwise obtained through use of this
Website is entirely at Your own risk, for which We shall not be liable. It shall be Your own
responsibility to ensure that any products, services or information available through this website
meet Your specific requirements.
The Website assumes no responsibility for the accuracy, currency, completeness or usefulness of
information, views, opinions or advice in any material contained on the Website. Any information of
third parties or advertisers is made available without doing any changes and so the Website cannot
guarantee accuracy and is not liable to any inconsistencies arising thereof. All postings including
messages, advertisements, photos, sounds, images, texts, files, videos or other materials posted on,
transmitted through or linked from the Website, are solely the responsibility of the person from whom
such content originated and the Website does not control and is not responsible for content available
on the Website.
There may be instances when incorrect information is published inadvertently on our Website or in the
Service such as typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
Any errors, inaccuracies or omissions, may be corrected at our discretion at any time and We may
change or update information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after You have submitted Your
order).
We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website should be taken to indicate
that all information in the Service or on any related website has been modified or updated.
The Website shall not be responsible for any interaction between You and the other users of the
Website. Under no circumstances will the Website be liable for any goods, services, resources or
content available through such third party dealings or communications, or for any harm related
thereto. The Website is under no obligation to become involved in any disputes between You and other
users of the Website or between You and any other third parties. You agree to release the Website from
any and all claims, demands and damages arising out of or in connection with such dispute.
You agree and understand that while the Website has made reasonable efforts to safeguard the Website,
it cannot and does not ensure or make any representations that the Website or any of the information
provided by You cannot be hacked by any unauthorised third parties. You specifically agree that the
Website shall not be responsible for unauthorized access to or alteration of Your transmissions or
data, any material or data sent or received or not sent or received or any transactions entered into
through the Website.
You hereby agree and confirm that the Website shall not be held liable or responsible in any manner
whatsoever for such hacking or any loss or damages suffered by You due to unauthorized access of the
Website by third parties or for any such use of the information provided by You or any spam messages
or information that You may receive from any such unauthorised third party (including those which are
although sent representing the name of the Website but have not been authorized by the Website) which
is in violation or contravention of this Terms of Service or the privacy policy.
You specifically agree that the Website is not responsible or liable for any threatening, defamatory,
obscene, offensive or illegal content or conduct of any other party or any infringement of another's
rights, including intellectual property rights. You specifically agree that the Website is not
responsible for any content sent using and/or included in the Website by any third party.
The Website has no liability and will make no refund (except in the case of cancellation by VTS INDIA)
in the event of any delay, cancellation, strike, force majeure event or other causes beyond its
control, and it has no responsibility for any additional expense, omissions, delays or acts of any
government or authority.
You will be solely responsible for any damages to Your computer system or loss of data that results
from the download of any information and/or material. Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply to You.
In no event shall the Website be liable for any indirect, punitive, incidental, special, consequential
damages or any damages whatsoever including, without limitation, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of the Website, with the
delay or inability to use the Website or related services, the provision of or failure to provide
Services or to deliver the products or for any information, software, products, services and related
graphics obtained through the Website or any interaction between You and other participants of the
Website or otherwise arising out of the use of the Website, damages resulting from use of or reliance
on the information present, whether based on contract, tort, negligence, strict liability or
otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility
of damages. If despite the limitation above, VTS INDIA is found liable for any loss or damage which
arises out of or in any way connected with the use of the Website and/ or provision of Services, then
the liability of VTS INDIA will in no event exceed, 50% (Fifty percent) of the amount You paid to VTS
INDIA in the preceding 06 months in connection with such transaction(s) on this Website.
You accept all responsibility for and hereby agree to indemnify and hold harmless VTS INDIA from and
against, any actions taken by You or by any person authorized to use Your account, including without
limitation, disclosure of passwords to third parties. By using the Website, You agree to defend,
indemnify and hold harmless the indemnified parties from any and all liability regarding Your use of
the Website or participation in any Website's activities. If You are dissatisfied with the Website, or
the Services or any portion thereof, or do not agree with these terms, Your only recourse and
exclusive remedy shall be to stop using the Website.
24) LIMITATION ON LIABILITY
The Owner is not liable for any damages that may occur to You as a result of Your use of the Website
or Services, to the fullest extent permitted by law. The maximum liability of the Owner arising from
or relating to these Terms of Service is limited to the lesser of Rs. 1000 (Rupees One Thousand only)
or the amount You paid to the Owner in the last six (6) months. This section applies to any and all
claims by You, including, but not limited to, lost profits or revenues, consequential or punitive
damages, negligence, strict liability, fraud or torts of any kind.
25) GENERAL PROVISIONS:
- a. LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be
in the English language.
- b. JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You agree
that the laws of India shall govern any matter or dispute relating to or arising out of these Terms
of Service, as well as any dispute of any kind that may arise between You and the Owner, with the
exception of its conflict of law provisions. In case any litigation specifically permitted under
these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of
the courts at Coimbatore, India. The Parties agree that this choice of law, venue, and jurisdiction
provision is not permissive, but rather mandatory in nature. You hereby waive the right to any
objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
- c. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased
or otherwise transferred in whole or part by You. Should these Terms of Service, or the rights
granted hereunder, by assigned, sold, leased or otherwise transferred by the Owner, the rights and
liabilities of the Owner will bind and inure to any assignees, administrators, successors and
executors.
- d. SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be
enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service
shall continue in full force.
- e. NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this
shall not constitute a waiver of any future enforcement of that provision or of any other provision.
Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other
part or sub-part.
- f. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are
for convenience and organization, only. Headings shall not affect the meaning of any provisions of
these Terms of Service.
- g. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been
created between the Parties as a result of these Terms of Service. No Party has any authority to
bind the other to third parties.
- h. FORCE MAJEURE: The Owner is not liable for any failure to perform due to causes beyond its
reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of
military authorities, riots, embargoes, acts of nature and natural disasters, epidemic or pandemic
and other acts which may occur due to unforeseen circumstances and/or are beyond the reasonable
control of Owner.
- i. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties
under these Terms of Service, including e-mail or fax. For any questions or concerns, please email
Us at the following address: santhosh.mosale@vtsindia.in
