PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) BEFORE USING THE WEBSITE
Capitalized terms appearing in this TOS shall have the meaning as stated below:
“Client” or “You”, including its grammatical variations, means any natural person using the Services as defined below.
“Client Data” means and includes the details including personal details / documents provided by You at the time of creation of user account and any proof of compliance such as scanned copies of forms, internal memos, statutory documents, reports, filings, applications, notices, etc. submitted by You at the time of conducting session.
“Website” means the https://in.udgamonlinecounselling.com/, which is a web based proprietary service platform of “UDGAM”.
“UDGAM” or ‘We’, ‘Us”, and ‘Our’ means UDGAM trust, having its registered office at 66, Hargobind Enclave, Vikas Marg, Karkardooma, New Delhi-110092, includes its authorized employees, and affiliates.
“Services” shall mean providing psychological counseling services to the Client/User for any challenges or issues Client/User may be facing in their lives. Services shall not include providing psychological counseling to Users with psychotic disorders or Clients/Users with suicidal tendencies or malingering cases
Where UDGAM provides you with lists and/or profile previews of Counsellors based on information that you provide to the Website’s search features (such as area of specialty and geographic allocation); the same shall not fall within the scope of Services.
Services mean services offered through this Website and available anywhere through it.
1. THE WEBSITE
Users: The Website is accessible by anyone. It has been setup for providing services to registered users. “Registered users” are users who have registered themselves on the website and an account has been created on basis of such information. Such users will have a specific user id and password for logging into their account and receiving Services. “Non-Registered Users” are users who are not registered on the website but may access information on the Website. Certain features of the Website are available to Registered Users only.
Features of the Website: The Website offers the following features:
a)For Registered Users:
i. Platform for obtaining generic and preliminary information about Us and seek help from counselors by asking questions pertaining to emotional wellness.
ii. Platform for viewing generic and preliminary information on questions submitted by other Registered Users: You may access the information provided by a counselor to questions submitted by other Registered Users on the Website.
iii. Platform to schedule in-person appointment with Counsellor: You may use Website to schedule an in-person appointment with Counsellor at the UDGAM and its associated centre’s
b)For Non-Registered Users:
i. Access to Counsellor Profiles: Depending on the extent of information shared by counselors at the time of registering with the Website, the Counsellor’s profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. can be accessed by you. The Website offers various search features to aid you in accessing Counsellor profiles.
ii. Access to Counsellor (Availability for in-person appointment): Based on information communicated by Counsellor, the Website shows indicative appointment slots available for in-person consultation at UDGAM and its associated centre’s
i. Platform to publish profile: You may upload your profile containing your name, qualification, experience, specialization, consultation fees, personal statement, education, and professional memberships etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users.
ii. Platform for private interaction: You may use Website for private interaction with Registered Users. In course of the private interaction, for the purpose of therapy, you can exchange texts, images, videos over the provided email address feature of the platform and communicate through other means provided by the UDGAM such as calls.
iii. Platform to receive consultation fees for non-Website interaction: You may use the Website to receive fees for your interactions with Registered User outside the Website/offline.
iv. Platform to provide information on emotional wellbeing related questions submitted by Registered Users: You may provide your preliminary and generic information to questions submitted by Registered Users.
v. Platform to publish Counsellor contributed information and education material: You may contribute emotional wellbeing related information and education material which UDGAM may, with or without modification, in its sole discretion, publish on the Website.
Types of content on the Website:
The various types of content available on the Website may be categorized as follows:
Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with Counsellors (“User Content”)
Content provided by Counsellor including emotional wellbeing related information and educational material; and information provided by way of responses to questions raised by
Registered Users or incourse of private interactions with Registered Users (“Counsellor Content”);
Content which UDGAM (through itself or its contractors has generated or procured for the website (“UDGAM content”)
2. USE OF THE WEBSITE
2.1. Use by all Users (Registered, Non-Registered User)
2.1.1 You will use the Website and the features provided by the Website only in relation to and incompliance with all applicable Indian laws. You will ensure that all the information you supply to us through the Website, or in relation to the Website, is true, accurate, current, complete and non-misleading. You will not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, key stroke logger, root kit or other malicious computer software. You will not access or otherwise interact with our website using any robot, spider or other automated means. You will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement. (Any illegal, spying, terrorist or any other means) However, You may view pages from the Website on a web browser, download pages from the Website for caching in a web browser, print pages from the Website, stream audio and video files which may be hosted on the Website and also use our Website services by means of your web browser.
2.1.2. You will not deliberately use the Website in any way that is unlawful or harms UDGAM, its trustees, employees, affiliates, service providers and/or any User and/or data or content on the Website. Further, except as expressly permitted by Us or through the other provisions of the Agreement, you shall not download any material from the Website or save any such material on your computer. You may only use the Website for your own personal or business purposes (depending on whether you are a Registered User or Counsellor), and you must not use the Website for any other purposes. You must not edit or otherwise modify any material on the Website. Unless you own or control the relevant rights in the material, you must not republish material from the Website (including republication on another Website); or sell, rent or sub-license material from the Website; exploit material from our website for a commercial purpose; or redistribute material from our website. Not with standing anything mentioned above, you may re-distribute our news letter in print and in electronic form to any person. UDGAM reserves the right to restrict access to areas of the Website, or the whole Website, at its discretion; You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from UDGAM on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by UDGAM. Please note that UDGAM will send these SMS messages only to the mobile number and e mail addresses that You provide on the Website. It is Your responsibility to ensure that You provide the correct number/ e mail address for the transaction You wish to enter into. Further, UDGAM may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from UDGAM.
2.1.4. By using the website and/or registering yourself at UDGAM, you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below irrespective of the fact that you have registered yourself under DND or DNC or NCPR service, you still authorize us to call You from UDGAM & its associated Centres for the above mentioned purpose still 45 days of your engagement with us.
2.2 Use by Registered User:
2.2.1 You acknowledge that this Website is an informative platform only. UDGAM and the Website are not in the business of providing psychiatric care or provide intervention for mental illness including but not limited to suicidal thoughts, severe depression and other mental disorders.
2.2.2. We encourage You to independently verify any information You see on the Website including information provided by a counselor. You will use the Website and the features provided by the Website only in relation to and incompliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
2.2.3. The Website allows You to select and schedule appointments with Counsellors. In doing so, UDGAM can help by providing You with lists and/or profile previews of Counsellors who may be suitable to deliver the emotional wellbeing care that you are seeking, based on information that you provide to UDGAM (such as area of specialty and geographical location).
2.2.4. Please note that UDGAM (i) does not recommend or endorse any Counsellors mentioned on the Website; and (ii) does not make any representations or warranties with respect to Counsellors or the quality of the emotional wellbeing care they may provide, and (iii) does not grade counselors.
2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.
2.2.6. You may schedule an appointment on the Website for Your family members and friends. However, please note that you will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
2.2.7. UDGAM will levy an advance internet handling fee for each private interaction that you have with any Counsellor through the Website. UDGAM will also collect the consultation fee payable to the Counsellor in advance.
2.3. Use by Non-Registered User:
2.3.1. UDGAM will provide You with lists and/or profile previews of Counsellors based on information that You provide to the Website’s search features (such as area of specialty and geographical location). Please note that UDGAM (i) does not recommend or endorse any Counsellors mentioned on the Website; and (ii) does not make any representations or warranties with respect to these Counsellors or the quality of the emotional wellbeing care services they may provide
3. ROLE OF UDGAM
3.1. UDGAM’s role is limited to providing a platform for
a) hosting and publishing User Content, and Counsellor Content
b)Registered Users to raise emotional wellbeing related questions and Counsellor’s to provide preliminary and generic information to the questions
c) private interaction between Registered User and Counsellor
d) finding Counsellors based on Registered User’s inputs and Counsellor profiles created by Counsellors themselves and
f) Facilitating collection and disbursal of consultation and service fees for Counsellors.
To the extent that the Website and the information and services on the Website are provided free of charge, UDGAM will not be liable for any loss or damage of any nature. UDGAM will not be liable to you in respect of any losses arising out of any event or events beyond Our reasonable control. UDGAM will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. UDGAM will not be liable to you in respect of any special, indirect or consequential loss or damage.
3.2. UDGAM’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules there under. Being an intermediary, UDGAM has no responsibility and/or liability in respect of the content and transactions on the Website including any User Content or Counsellor Content information provided by Counsellors, interactions between Counsellors on the one hand and Users on the other hand.
3.3. UDGAM does not have the obligation to pre-screen or monitor User Content or Counsellor Content at any time. However UDGAM may elect to monitor any User Content or Counsellor Content and remove any User Content and Counsellor Content from the Website if UDGAM determines in its sole discretion that such User Content and/or Counsellor Content is in violation of this Agreement or any applicable law and best practices.
Where UDGAM removes any User Content or Counsellor Content from the Website, UDGAM will make reasonable efforts to inform the User or Counsellor who had posted such user content or counselor content respectively. Such actions do not in manner negate or dilute UDGAM’s position as an intermediary or impose any liability on UDGAM with respect to User Content and/or Counsellor Content.
3.4. If UDGAM suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User or Counsellor, not withstanding any other rights UDGAM may have, UDGAM reserves the right to inform the relevant government or law enforcement authorities. UDGAM will cooperate in all investigative procedures or requests for access/information initiated by any such government or law enforcement authorities.
3.5. UDGAM does not endorse or influence control over any particular branch of medicine, theory, opinion, view point or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
4.14.1. You may be provided with links on the Website that direct You to third party websites/applications/content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”).
4.2.UDGAM does not endorse any Third Party Websites that You may be directed to from the Website.
5. PROPRIETARY RIGHTS
5.1. UDGAM respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, Counsellor Content and UDGAM Content are protected by applicable intellectual property laws.
5.2. UDGAM’s Rights to the Website and UDGAM Content:
5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to UDGAM. Through Your use of the Website, by no means are any rights impliedly or expressly granted by UDGAM to You in respect of such works.
5.2.2 UDGAM and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, “UDGAM” is the trade mark (or any other intellectual property right) of UDGAM and/or its licensors. Any use of the UDGAM’s trade mark, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark (or any other such intellectual property right) of UDGAM and may be actionable under the applicable laws.
5.2.3. Except as stated otherwise in this Agreement all UDGAM Content (including all intellectual property rights to such content) is owned exclusively by UDGAM and/or its licensors.
5.2.4. When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by UDGAM to use UDGAM Content for personal and non-commercial use in India for the time that You are either a Registered User or an Counsellor or for the time that You make use of the Website, whichever is less.
5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppels, implication, or otherwise.
5.2.6. Unless expressly authorized by UDGAM, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the UDGAM Content, in whole or in part, by any means. You must not remove or modify any copyright or trade mark notice, or other notice of ownership.
5.3. Rights in User Content:
5.3.1 You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or Counsellor Content (in case you are a counselor) that you post on the website or provide to UDGAM.
5.3.2. You hereby grant UDGAM a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content and create derivate works of the User Content for promotional purposes.
6. PERSONAL INFORMATION
6.1.1. We may collect your personal information from You when You use the Website and or the features provided by the Website.
of any such personal information.
We are not a medical or psychiatric emergency service provider or suicide prevention helpline. If you are feeling suicidal, we would suggest you immediately call up a suicide prevention helpline – https://en.wikipedia.org/wiki/List_of_suicide_crisis_lines
Eg Aasra – +91 22 2754 6669Website: www.aasra.info, JeevanAastha : 1800 233 3330
1. Samaritans – for everyone, Call 116 123, Email firstname.lastname@example.org
2. Campaign Against Living Miserably (CALM) – for men, Call 0800 58 58 58 – 5pm to midnight every day
3. Papyrus – for people under 35, Call 0800 068 41 41 – Monday to Friday 9am to 10pm, weekends and bank holidays 2pm to 10pm, Text 07860 039967, Email email@example.comWebsite: samaritans.org
4. 999 and 112 is the national emergency number
United States of America
The National Suicide Prevention Lifeline can be reached at 1-800-273-8255
911 is the national emergency number
i. Interaction with Counsellor on the Website:
1. You understand and agree that any interactions and associated issues with the Counsellor(s) on the Website, is strictly between You and the Counsellor(s).You shall not hold UDGAM responsible for any such interactions and associated issues. UDGAM is not responsible for any out come between You and the Counsellor You interact with. If You decide to engage with a Counsellor to provide medical services to You, You do so at Your own risk.
2. The results of any search You perform on the Website for Counsellors, or provision of access to any Counsellor on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular Counsellor. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Counsellor. The search results are based on an object computer algorithm.
3. UDGAM shall not be responsible for any breach of service or service deficiency by any Counsellor.
4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of the Counsellor to fulfill his/her obligations in any transaction. We advise You to perform Your own investigation prior to selecting a Counsellor.
Clinical Support Information: We may listen to and provide information to assist you in coping with an emotional problem. This may include general and emotional well being-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including Counsellor Content is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that UDGAM is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any Counsellor, emotional wellbeing-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website.
Information regarding Counsellor: Information regarding Counsellor found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the Counsellor. Such information often changes frequently and may become out of date or in accurate. Neither the Website nor
UDGAM provides any advice or qualification certification about any particular Counsellor. You are encouraged to independently verify any such information that You see on the website before making an appointment with the counsellor.
7.5 Professional relationship: Please note that some of the content including text, data, graphics, images,
Information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to your questions or postings) maybe provided by Counsellors. The provision of such content to You by UDGAM does not constitute delivery of emotional well being care or diagnostic services to You and does not create a professional relationship between UDGAM and You.
7.6. No Medical Advice Provided: The content provided by the Website, either by UDGAM or by Counsellor, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from UDGAM, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
7.7. Non- substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through UDGAM is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified emotional wellbeing care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that UDGAM shall not be responsible for Your treatment or be treated as a emotional wellbeing care provider on account of collection of the consultation fees for private consultation by Counsellor, for any reason whatsoever.
7.8 UDGAM disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the website and its features; (ii) Counsellor who responds to question of a registered user or who interacts privately with a registered user; (iii) any information, content or advice available on or received through the website (iv) access to or alteration of user content or Counsell or content (v) transmissions or data and any other matter relating to the website and /or services.
7.9 UDGAM makes no warranty or representation that any errors in the website will be corrected except as required by law.
7.10 UDGAM assumes no responsibility and/or liability with respect to any user content, or counselor content (as applicable) which you may post on the website and you are solely responsible for such user content posted on the site.
7.11 You agree that the open and real-time nature of the platform makes it impossible for UDGAM to vouch for the validity, authenticity and honesty of user content or counsel or content. UDGAM is not responsible for any user content or Counsellor content on the site, or for the consequences of you reading or relying on such content.
7.12 The site is provided on “as is” and “as available” basis. Neither UDGAM nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features offered on the website. Neither UDGAM nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any User content, UDGAM content or your personalization settings.
7.13 UDGAM does not provide any guarantee and shall not be held liable or responsible for the failure to send sms or other notifications or reminders to you as a feature of the website.
7.14 Neither the Counsellors, nor UDGAM shall be responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of Counsellors/UDGAM or due to technical reasons or third party actions.
8. LIMITATION OF LIABILITY
i.To the fullest extent permitted by law, in no event will UDGAM or its affiliates beliable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not UDGAM has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, UDGAM’s liability under this Agreement shall be limited to the amount of payments received from You for the Services and shall be governed by the Refund Policy.
9.REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
i.You are at least 18 years of age and that Your use of the Website shall not violate any applicable law or regulation;
ii.All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
iii.You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal
purposes is prohibited.
iv.Your use of this Website shall be subjected to the following restrictions:
1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
2. You will not decompile, reverse engineer, or disassemble the content, or
3. You will not remove any copyright, trade mark registration, or other proprietary notices from the Website. You further agree not to access or use this Website or our Trademark “UDGAM” in any manner that may be harmful to the operation of this Website or its content or to our Trademark UDGAM
v. You will not use the Website and/or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
vi. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
vii. You will not host, display, upload, modify, publish, transmit, update or share any information that
(a) Belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, 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;
(c) harm minors in anyway;
(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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.
i. You hereby indemnify, defend, and hold UDGAM, the UDGAM’s associated Centres, representatives and other authorized users (registered and Non-Registered Users, Counsellors), and each of the foregoing entities ‘respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from(i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
i. UDGAM reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and/or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and/or terminating Your user account and/or Your access to the Website. Up on suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
ii. Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, Counsellor Content or UDGAM Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. UDGAM shall not be liable to You or any third party for any claims for damages arising out of any termination or suspension of Your user account or any other actions taken by us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and there solution of any disputes arising under this Agreement shall be governed by the laws of India, and the courts at Delhi, India shall have exclusive jurisdiction.
i. UDGAM reserves the right to modify any part of the Agreement at anytime without giving You prior notice.
ii. When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by e-mail if You have provided Your e-mail Id) which will intimate You of the amendments. IF You do not agree to the amendments; please do not use the Website any further.
i. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. UDGAM shall appoint a sole arbitrator. The arbitration award shall be final and binding on You and UDGAM. The arbitrator shall have no authority to award punitive, consequential or other damages beyond the prevailing party’s actual damages (other than reasonable attorney’s fees and other costs of arbitration). Subject to the above, You and UDGAM shall be subject to the exclusive jurisdiction of the Courts in Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. You agree that arbitration will be provided that such demand precedes the filing of a complaint in any court of competent jurisdiction.
UDGAM reserves the right to apply to a court of competent jurisdiction to obtain interim injunctive relief
in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
15. GENERAL PROVISIONS
i. Sever ability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
ii. Notices: All notices and other communications required or permitted here under to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally- recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to You:
At the email address provided by You to us when You registered as a UDGAM User.
iii.Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
iv. Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
v. Force Majeure: UDGAM shall not be liable for any down time or delay or unavailability of the Website caused by circumstances beyond UDGAM’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
vi. Advice of Counsel: Each Party acknowledges:
(a) having fully read the Agreement in its entirety;
(b) having had full opportunity to study and review the Agreement.
vii. Advertisement: UDGAM shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website, without being in violation of any applicable law.
viii. Assignment: You may not assign or sub-license, without the prior written consent of UDGAM, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Complaint: At UDGAM, we operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any suggestion / complaint / dispute through Your online account or call our customer care on +91-8448346361 or email to firstname.lastname@example.org