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Terms & Conditions

Terms & Conditions

TERMS & CONDITIONS (CheckMyDeals)

This Terms & Conditions Are Entered Into Between CheckMyDeals (herein After Referred To "CMD", "We" & "Us") And The Buyers (herein After Referred To "You" & "Your").

1) Thank You For Using Our CheckMyDeals (hereinafter Referred To As “Services”). This CheckMyDeals Services Agreement (hereinafter Referred To “Agreement”) Is By And Between CheckMyDeals (hereinafter Referred To “CMD”, “We” & “Us”) And Clients (hereinafter Referred To “Our”, “You” & “your”) That Describes Your Rights And Obligation To Use The Our Services. By Using Our Services, You Are Agreeing To These Terms. If You Do Not Accept And Comply With These Terms, You May Not Use Our Services.

2) CMD POLICY:  You Will Use The CheckMyDeals Services In A Manner Consistent With All Local, States And Union Regulations And Laws. We Reserve The Right To Suspend Or Cancel Your Access To Any Or All Services Provided By Us When You Are Not In Compliance To The Terms Of This Agreement And/or We Decide That Your Account Has Been Inappropriately Used.

3) DETAILS: CMD Has Launched Digital/Online Platform Solution For Any Kind Of Business Establishment In India. CMD Has Created A Platform For Business Establishment To Manage Their Business Online From Anywhere On Their PC Or Mobile.

4) DOMAIN NAMES: CMD Will Provide And Maintain The Internet Protocol Address And Corresponding Domain Names For Managing Your Online Business.

5) USAGE:  Upon Execution Of This Agreement, You Are Granted Right To Use The CheckMyDeals In Accordance With The Terms Of This Agreement.

6) CLIENT’S RESPONSIBILITIES: Effective Use Of Services Provided By Us Presumes A Certain Degree Of Knowledge And Skill On The Part Of The Client. We Will Not Be Held Responsible For Your Inability To Use Our Services Due To Your Lack Of The Requisite Knowledge And Skills.

7) SUBSCRIPTION OF SERVICE: (i) You Can Subscribe Our Services By Paying The Onetime Payment For Subscription Charges Of Specified Time In According To The Terms Of This Agreement For Using Services On Non-exclusive Basis. If You Subscribe Our Services By Paying The Onetime Payment, You Are Granted The Right To Use Our Service Anytime And Anywhere Till Your Validity (ii) Your Right To Use The Service Is Limited To The Subscription Period. You May Have The Option To Extend Your Subscription On Paying Of The Subscription Fees. If You Extend Your Subscription, You May Continue Using The Service Until The End Of Your Extended Subscription Period. After The Expiration Of Your Subscription, Services Will Stop. (iii) In Consideration Of CheckMyDeals Providing The Services As Specified In This Agreement, You Shall Make The Payment As Mentioned Herein After And In The Invoice Issued To You From Time To Time. (iv) CheckMyDeals Will Issue An Invoice To You Containing, Inter-alia, The Following Details : A) Your Personal Details B) The Payment Plan Along With Its Due Date C) Service Fee ( Right To Use) One Time. (v) Fees For Any Other Additions Services Provided By CheckMyDeals From Time To Time.

8) FEE/CHARGES: (i) You Shall Be Responsible For The Payment Of Non Refundable Set-up Fee, Maintenance Fee, Subscription Fee, Development Fee In According To The Terms Of This Agreement. Fees/charges/subscription May Vary From Time To Time. Prior Notice In This Regard Is Not Mandatory. You May Opt To Pay For The Fees Through (a) Cheque; (b) Demand Draft; (c) RTGS (Real Time Gross Settlement);  CheckMyDeals Does Not Encourage/prefer That Payments Be Made In Cash. Any Cash Payments Made By You, Shall Be At Your Sole Risk, Without Any Recourse To CheckMyDeals. (ii) CheckMyDeals Shall Make Best Efforts To Install & Activate The Services From The Date Of Receipt Of The Service Fee Into Our Bank Account (subject To Delay Due To Technical Malfunctions Etc). However CheckMyDeals Will Not Be Liable In Any Manner For Any Delay In Activating Your Contract. You Acknowledge That Any Dishonor Of Payments Will Attract Provisions Of Section 138 Of The Negotiable Instruments Act 1881 And It Will Amount To Criminal Breach Of Trust Besides Other Provisions As Per Law. You Shall Also Be Liable To Pay Interest @18 % Per Annum During That Period. (iii) CheckMyDeals Shall Be Allowed To Terminate The Service To A Particular Subscriber For Non-payment Of Fees, For Non-compliance, With Any Applicable Rules, Regulations Or Agreements Regarding The Use Of The Site Or With Applicable Laws Or Regulations, Or To Exercise Other Remedies Allowed At Law Or In Equity.  CheckMyDeals May Or May Not Will Notify You Of Reason For Termination.

9) TAXES: CheckMyDeals Is Entitled To Levy You For All The Taxes And Charges (now In Force Or Enacted In Future) That Are Or May Be Imposed On The Said Services. You Shall Pay The Said Taxes And Charges Promptly Without Raising Any Objections. You Also Agree That In The Event The Said Taxes And Charges Are Not Charged By CheckMyDeals The Taxes Shall Be Paid By You Directly To The Authorities Concerned Without Raising Any Objection. You Further Agrees That The Taxes And Charges Payable Under This Clause Is In Addition To The Fee Paid By You For The Services Rendered By CheckMyDeals.

10) SECURITY: CheckMyDeals  has Taken Adequate Security Measures To Maintain The Data Secured Generated Under This Agreement.  CheckMyDeals Does Not Own Any Liability In Respect Of Breakdowns, Errors Or Security Breach.

11) No Marketing : CMD Is Not Obliged And Does Not Promote Your Business, CMD Obligation Under This Agreement To The Obligation Of Provide Platform And Access To Use Website, Mobile App Upon The Receipt Of Requisite Payment From You. However You Herby Garnts CMD The Right To Use The Name And Service Marks Of Your In Its Marketing Material Or Other Oral, Electronic Or Written Promotions, Which Shall Include Naming You As A Client Of CMD.

12) YOUR (CLIENT’S) OBLIGATION: You Represent And Warrant That (i) You Would Be Solely Responsible And Liable For The Information Uploaded, Edited, Modified In The CMD Services Provided By CheckMyDeals.(ii) You Shall Be Solely Responsible And Liable For Any Dispute Arising Out Of Your Usage Of Our Services. (iii) You Acknowledge And Confirm That You Will Be Subject To The Rules, Guidelines, Policies, Terms, And Conditions Applicable To The CMD Services. CheckMyDeals Reserve The Right, At Its Discretion, To Change, Modify, Add Or Remove Portions Of These Terms, At Any Time Without Any Prior Written Notice To You. (iv) You Undertake To Provide A Copy Of The Licenses/ Registrations (in Case Of Corporate Body) Including But Not Limited To Valid Identity Proofs Such As Ration Card, Adhar Card, Voter Id Card And Residential Proofs Such As Electricity Bill, Telephone Bill Etc., (in Case Of Individual) Required To Use Our Services. (v) You Acknowledge That Any Breach Of The Covenants Set Forth Here May Be A Cause For Termination Of Your Service By CheckMyDeals, At Its Sole Discretion. (vi) You Agree That At All Times, You Will Maintain Appropriate Records Relating To The Usage Of Our Services And Shall Allow CheckMyDeals / Government, / Statutory Authorities And Any Other Appropriate Entities To Examine, Inspect, Audit And Review All Such Records And Any Source Document Pertaining To The Services. (vii) You Hereby Undertake To Upload The Terms And Conditions On Your Website Which Will Be Applicable To The User Of Your Websites Who Visit You Website For Any Purposes Including But Not Limited To Buys The Product/s Or Avails The Services Whether Online Or Otherwise. (viii) You Shall Ensure And Take All Appropriate Security Measures To Prevent Unauthorized Disclosure And/or Access Of Any Details Such As User Ids, Passwords, Sensitive Personal Information Or Any Other Information Of Any End-customers/ Customers, Third Party Which Are Obtained By You In Any Manner Whatsoever. (ix) You Shall Make Available Any And All Customer Assistance Channels To Assist And Guide The End-customers/ Customers Using Your Services And Respond To Any Queries And Address Any Issues That May Arise In Using The CheckMyDeals Services. (x) You Shall Cooperate With CheckMyDeals And Render Assistance To It For Connecting The Respective CMD Services Systems Of The Parties. (xi) You Shall Take All Such Precautions And Measures To Ensure That There Is No Breach Of Security. (xii) You Acknowledges That Responsibility For All Content Provided By You To The CheckMyDeals For The Performance Of The Services Or Otherwise Included In The Website Is The Sole And Exclusive Responsibility Of Yours And That We Will Not Be Held Responsible In Any Way For Any Copyright Infringement Or Violation, Or The Violation Of Any Other Person’s Rights Or The Violation Of Any Laws, Including But Not Limited To Infringement Or Misappropriation Of Copyright, Trademark Or Other Property Right Of Any Person Or Entity, Arising Or Relating To The Content. (xiii) You Acknowledge And Agree That We May Elect At Its Sole Discretion To Monitor The Content. We Shall Have The Right, But Not The Obligation, To Remove The Content Which Is Deemed, In Our Sole Discretion, Harmful, Offensive, In Violation Of Any Provision Of This Agreement Or Breaches Any Law. (xiv) You Agree To Use The Services For Legal Purposes Only. In The Event That We Become Aware Or Reasonably Believe, In Its Sole Discretion, That The Services Is Being Used For Illegal Purposes, We Shall Be Entitled To Immediately Terminate The Agreement And The Services Without Notice In Addition To Any Remedies To Which It May Be Entitled Under Law And Your Subscription Fee Will Deemed To Be Forfeited. (xv) Any Attempt To Undermine Or Cause Harm To A Server Of Ours Is Strictly Prohibited. This Includes, But Is Not Limited To, Attempting To Gain Access To Password Files Other Than Your Own, Attempting To Gain Unauthorized Access To Other Accounts On Your Server, Or Anything That Causes Server Malfunction. Failure To Comply Is Subject To Immediate Account Deactivation Without Refund

13) PROHIBITED SERVICE: (i) The Following Content And Activities May Not Be Displayed Or Promoted By You And Any Person On Your Behalf Nor Associated In Any Way With The Client's Account Or The CMD’s Services. The CMD Shall Be The Sole Arbiter As To What Constitutes Violation Of This Provision. (ii) You And Any Person On Your Behalf Shall Not Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information On The Website That Belongs To Another Person And To Which The User Does Not Have Any Right To; (iii) You And Any Person On Your Behalf Shall Not Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information On The Website That Is Grossly Harmful, Harassing, Blasphemous Defamatory, Obscene, Pornographic, Paedophilic, 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; (iv) You And Any Person On Your Behalf Shall Not Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information On The Website That Infringes Any Patent, Trademark, Copyright Or Other Proprietary Rights; Or That Violates Any Law For The Time Being In Force; (v) You And Any Person On Your Behalf Shall Not Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information On The Website That Contains Software Viruses Or Any Other Computer Code, Files Or Programs Designed To Interrupt, Destroy Or Limit The Functionality Of Any Computer Resource; (vi) You And Any Person On Your Behalf Shall Not Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information On The Website That 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 Cognizable Offence Or Prevents Investigation Of Any Offence Or Is Insulting Any Other Nation. (vii) You And Any Person On Your Behalf Shall Not Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information/contents On The Website That Promotes Any Illegal Or Prohibited Activity. (viii) You And Any Person On Your Behalf Shall Not Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information On The Website That May Be Damaging To The CMD's Servers Or To Any Other Server On The Internet. (ix) You And Any Person On Your Behalf Shall Not Host, Display, Upload, Modify, Publish, Transmit, Update Or Share Any Information On The Website That Promotes Or Sale Of Unsolicited Or Bulk E-mail (SPAM) Software Or Services Or Unsolicited Or Bulk E-mail Or Group Posts (SPAM) Which References And/or Is Traceable To The CMD And/or Any Client In Any Way. (x) Your Sending Any Promotional Emails/sms To Your Consumers And CMD Assumes No Responsibility, Liability Including But Not Limited To The Issues Arising In Connection With Your Customers Being Registered In DO NOT CALL/ DND Registry With The Telecom Regulatory Authority Of India. (xi) You And Any Person On Your Behalf Must Vigilantly Comply With All Applicable Law, Including, Without Limitation To, Information Technology Act, 2000 As Amended By The Information Technology (Amendment) Act, 2008, And The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 And Rules And Regulations Made There Under. (xii) You And Any Person On Your Behalf Shall Not, Knowingly Or Intentionally Conceal, Destroy Or Alter Or Intentionally Or Knowingly Causes Another To Conceal, Destroy Or Alter Any Computer Source Code Used For A Computer, Computer Programme, Computer System Or Computer Network Of CMD, Without The Permission Of The CMD. (xiii) You And Any Person On Your Behalf Shall Not, Fraudulently Or Dishonestly, Make Use Of The Electronic Signature, Password Or Any Other Unique Identification Feature Of Any Other Person And You Shall Not Misuse The Computer Resource Of CMD, Without It Permissions, And Further Shall Not Use The Said Devices For Cheating By Personation. (xiv) You And Any Person On Your Behalf Shall Not Access Or Use Of An Internet Account Or Computer Resources Without The Owner's Authorization And Further Shall Not Download, Copy Or Extract Any Data, Computer Data Base Or Information From Such Computer Network In Any Manner Whatsoever; (xv) You And Any Person On Your Behalf Shall Not Introduce Or Causes To Be Introduced Any Computer Contaminant Or Computer Virus Into Any Computer System Or Computer Network And Damages Or Causes To Be Damaged Any Computer System Or Computer Network, Data, Computer Data Base Or Any Other Programmes Residing In Such Computer System Or Computer Network. (xvi) You And Any Person On Your Behalf Shall Not, Disrupt Or Causes Disruption Of Any Computer, Computer System Or Computer Network Or Denies Or Causes The Denial Of Access To Any Person Authorized To Access Any Computer System Or Computer Network By Any Means. (xvii) You And Any Person On Your Behalf Shall Not, Destroy, Delete Or Alter Any Information Residing In A Computer Resource Or Diminishes Its Value Or Utility Or Affects It Injuriously By Any Means And Steel, Conceal, Destroy Or Alter Or Cause Any Person To Steal, Conceal, Destroy Or Alter Any Computer Source Code Used For A Computer Resource With An Intention To Cause Damage. (xviii) You Agree That You And Any Person On Your Behalf Shall Not Indulge Or Conspired, In Any Manner Whatsoever In The Aforesaid Illegal Activities. CMD Shall Have The Right, But Not The Obligation, To Remove The Content Which Is Deemed, In CMD’s Sole Discretion, Harmful, Offensive, In Violation Of Any Provision Of This Agreement Or Breaches Any Law. (xix) You Are Strictly Prohibited From Installing Any Third Party Software On Our Services Without The Express Written Authorization Of CMD. In The Event That You Install Third Party Software On CMD’s Servers Without The Express Written Authorization Of CMD, CMD At Its Discretion Shall Have The Right To Terminate The Services Without Any Notice.

14) CENSORSHIP: CMD Will Exercise No Control Whatsoever Over The Content Of The Information Passing Through The Network, Email Or Website.

15) TERMINATION:  CMD Has The Right To Terminate This Agreement And Your Right To Use This Service, Upon Any Material Breach Of Terms And Conditions By You. You Can Terminate This Agreement By Providing 30 (thirty) Days Written Notice To CMD. In The Event Of Termination For Any Reason CMD Shall Not Be Give Any Refund Of The Amount Paid By You. On Termination You Shall Forthwith Return Or Destroy All Data And Information And Provide Written Intimation To CMD.

16) INDEMNITY: (a) Defaulting Party Shall Defend, Indemnify, And Hold Harmless CMD, Its Officers, Employees, Agents, Representatives From And Against Any Claims, Liability(ies), Demands, Losses, Damage, Deficiencies, Actions, Judgments Or Cause Of Action, Assessments, Interests, Penalties And Other Costs Or Expenses Incurred Or Suffered By Non-defaulting Party (including, Without Limitation, Reasonable Attorneys’ Fees And Expenses) Arising Out Of Or In Relation To Or In Connection With: (b) Breach Of Any Provision Of This Agreement Or Non-performance Of Any Of Its Obligations Under This Agreement By Defaulting Party; Or (c) Anything Done Or Omitted To Be Done By You Due To Gross Negligence, Willful Default Or Willful Misconduct By Defaulting Party Or Any Of Your Officers, Directors, Employees Or Agents.

17) DISCLAIMER OF WARRANTY: (i) The Service Is Available To You “as-is Whereas Basis." You Bear The Risk Of Using It. CMD Gives No Express Warranties, Guarantees Or Conditions. CMD Will Make All Reasonable Efforts To Provide Uninterrupted Access And Hosting Services Subject To Down Time And Regular Maintenance. However, Notwithstanding Anything In This Agreement, You Acknowledge That CMD And Its Business Partners Disclaim All Warranties Including But Not Limited To Express Or Implied, Written Or Oral. CMD Shall Not Be Responsible Or Liable If Any Unauthorized Person Hacks Into Or Gains Access To Your Website. In Addition CMD Shall Not Be Liable To You For Any Loss Or Damage Whatsoever Or Howsoever Caused Or Arising, Directly Or Indirectly, Including Without Limitation, As A Result Of Loss Of Data Or Business; Interruption Or Stoppage To The Access To And/or Use Of Our Service; Interruption Or Stoppage Of Services Etc. CMD Does Not Warrant That Hosting Services Will Be Provided Uninterrupted Or Free From Errors Or It Is Free From Any Virus Or Other Malicious, Destructive Or Corrupting Code, Program Or Macro. No Advice Or Information, Whether Oral Or Written, Obtained By You From CMD Or Through Or From CMD Shall Create Any Warranty. CMD Shall Have No Liability In This Respect. (ii) CMD’s Sole Obligation And The Your Sole And Exclusive Remedy In The Event Of Interruption Services, Or Loss Of Use And/or Access To Service, Shall Be To Use All Reasonable Endeavors To Restore The Services As Soon As Reasonably Possible.

18) LIMITATION & EXCLUSION OF REMEDIES AND DAMAGES: (i) You Agree That CMD Shall Not Be Liable For Any Suspension Or Loss Of The Services, Except To The Limited Extent That A Remedy Is Provided Under This Agreement; Interruption Of Business; Access Delays Or Access Interruptions To The Website(s) Provided Through Or By The Services; Loss Or Liability Resulting From Acts Of God; Data Non-delivery, Mis-delivery, Corruption, Destruction Or Other Modification; Events Beyond The Control Of The Primary Service Provider Or Backend Service Provider; Or Loss Or Liability Resulting From The Unauthorized Use Or Misuse Of Their Account Identifier Or Password. (ii) CMD’s Aggregate Liability Arising From Or Relating To This Agreement Or Maintenance, Support Or Other Service (regardless Of The Form Of Action Or Claim - E.g. Contract, Warranty, Tort, Malpractice, And/or Otherwise) Will In No Event Exceed Maximum Amount Paid By You To CMD While Availing CMD’s Service Under This Agreement. (iii) CMD Will Not In Any Case Be Liable For Any Special, Incidental, Consequential, Indirect Or Punitive Damages Even If CMD Has Been Advised Of The Possibility Of Such Damages. CMD Is Not Responsible For Lost Profits Or Revenue, Loss Of Use Of Our Service, Loss Of Data, Costs Of Re-creating Lost Data, The Cost Of Any Substitute Equipment Or Program, Or Claims By You.

19) CONFIDENTIALITY: You Shall Not Disclose To Any Third Party Or Use, Except In Connection With The Performance Of Services Hereunder, Any Confidential Information Of The CMD Business (“Confidential Information”) In The Course Hereof. Confidential Information Shall Include; (i) CMD Services And Plans For The Website (ii) Specifications Of The CMD Services And Any Future Development Plans (iii) Concepts Relating To The CMD Service Not Disclosed From The Operation Of The Website (iv) Trade Secrets Of The CMD (v) Information Derived From Providing The Services When Website Is In Operation, Including But Not Limited To: 1. Identities, Contact Information And Credit Card Information Of Users (if Applicable) 2. Confidential Information Of The Website’s Use, Such As Number Of Users, Unique Visitors And Unique Visits (if Applicable).

All Information Received By You Shall Be Kept Confidential And You Shall Use The Same Degree Of Care As You Use To Protect Its Own Confidential Information.

Notwithstanding The Forgoing, In The Event CMD Receives A Validly Issued Administrative Or Judicial Order, Notice, Warrant Or Other Process That Requires CMD To Share/disclose The Confidential Information Then It Shall Be Free To Disclose All Or Part Of The Confidential Information Or Is Otherwise Required To Disclose Any Confidential Information In Order To Comply With Any Law.

20) INTELLECTUAL PROPERTY RIGHTS: (i) CheckMyDeals.com And Provided Platform Services Is Owned By CheckMyDeals And Is Subject To Protection Under The Copyright, Patent And Trademark Laws Of The India. You Shall Not Have Any Right To Use Or Reproduce In Any Manner Any Intellectual Property Owned By CheckMyDeals, Including Any Trademarks, Trade Names, Logos Etc. (ii) CMD Owns And Retains All Ownership And Proprietary Rights Relating To Services And Its Programming Architecture, Including, But Not Limited To, HTML Code, Program Code, Graphical Code, Design, Technique, And All Proprietary Rights In The Services And All Software Code And Content Relating To The Services Etc.. This Agreement Does Not Transfer, Sell, Assign, Or Entitle You To Any Of Our Source Codes, Programming Documentation, Or Trade Secrets Except As Provided In The This Agreement. During The Term Of This Agreement, CMD Grants You, A Right To Use Our Services In Connection With The Use And Maintenance Of Our Service, Consistent With The Terms Of This Agreement.

21) CONTENT OWNERSHIP: (i) All Contents Stored By You Shall At All Times Remain The Property Of Yours. You Grant To CMD Non-exclusive, World-wide License To The Content For The Purposes Of Analytics And Reporting Or Any Other Related Purposes. (ii) CMD Uses The Information It Collects Through The CMD Services To Upgrade Or Secure Its Services. Additionally, You Agree That CMD May Use And Disclose The Information And You Would Be Deemed To Have Given Your Consent To Contact You & Your Customers For Any Business Promotion Of CMD And Its Affiliates.

22) NON-COMPETE: During The Term Of This Agreement, And For A Period Of Two Years After The Termination Of This Agreement, You Agree Not To Develop Or Create Any Program Of Its Own That Is Comparable In Functionality Or Would Compete With CMD’s Service In Any Way. You Shall Not Directly, Or Through Third Person(s) Or Entity(s), Attempt To Develop, Engineer, Reverse Engineer, Create Or Re-create, Any Service That Is Comparable In Functionality Or Concept With Our Service As Outlined In This Agreement. You Shall Not Decompile, Disassemble, Or Reverse Engineer CMD Materials Or Attempt To Discover Source Code Or Other Information Concerning CMD Materials Including, Without Limitation, Its Design. You Will Not Create Any Derivative Work, Program Or Product Based On, Or Derived From CMD Services, Or Use Any Information Learned From CMD Services To Create Any Other Program Or Product. You Will Not Allow, Encourage, Facilitate, Or Assist Any Third Party To Do Anything. You Would Be Precluded From Doing Under This Provision.

23) GENERAL PROVISIONS: 
(1) Amendment – CMD Is Entitled To Modify The Terms Of Service As It Deems Fit And Will Not Be Required To Provide A Specific Notice Of Such Change To You. It Shall Be Your Sole Responsibility To Visit The CheckMyDeals Website And Update Himself / Herself Of The Changes To The Terms Of Service.

(2) Long Form Agreement: You Hereby Confirm That CMD May Draw Up The Long Form Agreement Consisting Of The Final Terms Of Its Services In Due Course Of Time At Its Discretion. 

(3) Severability: If Any Provision Of This Agreement Is Or Becomes, In Whole Or In Part, Invalid Or Unenforceable But Would Be Valid Or Enforceable If Some Part Of That Provision Was Deleted, That Provision Shall Apply With Such Deletions As May Be Necessary To Make It Valid. If Any Court/Tribunal Of Competent Jurisdiction Holds Any Of The Provisions Of This Agreement Unlawful Or Otherwise Ineffective, The Remainder Of This Agreement Shall Remain In Full Force And The Unlawful Or Otherwise Ineffective Provision Shall Be Substituted By A New Provision Reflecting The Intent Of The Provision So Substituted.

(4) Survival Of Provisions: The Terms And Provisions Of This Agreement That By Their Nature And Content Are Intended To Survive The Performance Hereof By Any Or All Parties Hereto Shall So Survive The Completion And Termination Of This Agreement.

(5) Force Majeure: Either Party Shall Not Be Liable For Its Failure To Perform Under This Agreement As A Result Of Any Event Of Force Majeure Events Like Acts Of God, Fire, Wars, Sabotage, Civil Unrest, Labour Unrest, Action Of Statutory Authorities Or Local Or Central Governments, Change In Laws, Rules And Regulations, Affecting The Performance Of The Party. 

(6) Jurisdiction : In The Event A Dispute Arises Between The Parties Under This AGREEMENT, The Parties Shall Attempt To Amicably Resolve The Dispute Through Mutual Discussions. Where The Dispute Is Not Resolved Amicably The Courts At Chandigarh Will Only Have The Jurisdiction To Decide And Entertain The Dispute.


(7) Assignments: You Shall Not Assign, In Whole Or In Part, The Benefits Or Obligations Of This Agreement Unless Otherwise Mutually Agreed In Writing.

(8) Notices: All Notices, Requests, Demands And Other Communications Hereunder Shall Be In Writing And The Same Shall Be Deemed To Be Served, If Personally Delivered Or Sent By Registered Mail At The Addresses As Mentioned In The Title To This Document. Notices May Also Be Sent Through Emails.

(9) Non-Exclusive Right: It Is Expressly Agreed And Understood Between The Parties Hereto That This Agreement Is On A Non-exclusive Basis And CMD Is Free To Provide Similar Services To Third Party.

(10) Governing Law And Jurisdiction: This AGREEMENT Shall Be Governed And Construed In Accordance With The Laws In India. Any Dispute Arising Hereunder Shall Be Subject To The Exclusive Jurisdiction Of The Courts In Chandigarh, India.

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